Rosenberg v. Reliance Standard Life Insurance Company
| MD Krista Rosenberg and Krista Rosenberg, M.D. |
| Reliance Standard Life Insurance Company |
| 9:2022cv81495 |
| September 26, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
PAPERLESS ORDER denying without prejudice #10 Defendant's Motion to Withdraw Erroneous Filing. The Motion is facially deficient for failure to confer as required by Local Rule 7.1(a)(3). Conferral is mandatory and failure to do so is grounds for denial. Moreover, it is unclear what Defendant is requesting of the Court. It appears that Defendant is filing a Motion to Strike another filing, but there are no citations to a docket entry. Defendant may only re-file this motion, if necessary, after making a meaningful effort to confer with opposing counsel and clarifying what relief is sought. Any renewed motion must strictly comply with Local Rules. Signed by Judge Donald M. Middlebrooks on 11/21/2022. (kal)
|
| Filing 14 Clerk's Notice to Filer re #9 Notice of Filing Discovery, Wrong Event Selected; ERROR - The Filer selected the wrong event. The correction was made by the Clerk. It is not necessary to refile this document. (pcs) |
| Filing 13 Clerk's Notice to Filer re #10 Notice of Filing Discovery. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (pcs) Modified on 11/21/2022 (pcs). |
|
Filing 12
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. Amended Pleadings due by 12/16/2022. Discovery due by 4/7/2023. Fact Discovery due by 4/7/2023. Expert Discovery due by 4/7/2023. Joinder of Parties due by 12/16/2022. In Limine Motions due by 4/21/2023. Dispositive Motions due by 4/21/2023. Motions due by 4/21/2023. Pretrial Stipulation due by 5/23/2023. ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 11/14/2022. See attached document for full details. (caw)
|
| Filing 11 PAPERLESS Minute Entryfor proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 11/14/2022. The Court discussed whether parties would be added, there is a motion to remand pending, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 20 minutes. Attorney Appearance(s): Jeffrey M. Liggio, Tanya Irene Suarez. (Digital 14:30:43) (kza) |
| Filing 10 MOTION to Withdraw Erroneous Filing by Reliance Standard Life Insurance Company.(Suarez, Tanya) Modified to convert to a Motion on 11/21/2022 (pcs). |
| Filing 9 DEFENDANT'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS MOTION TO REMAND by Reliance Standard Life Insurance Company re #8 Motion to Remand. (Attachments: #1 Exhibit DECLARATION DOMINIC LORENZO)(Suarez, Tanya) Modified text on 11/21/2022 (pcs). |
| Filing 8 Plaintiff's MOTION to Remand to State Court by Krista Rosenberg, M.D.. (Benrubi, Richard) |
|
Filing 7
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 11/14/2022 at 2:30 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 10/13/2022. (no00)
|
|
Filing 6
ORDER REFERRING CASE AND SETTING TRIAL DATE: JURY TRIAL set for 6/20/2023 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. CALENDAR CALL set for 6/14/2023 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge William Matthewman for Pretrial Non-Dispositive Matters. Signed by Judge Donald M. Middlebrooks on 10/7/2022. See attached document for full details. (caw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
|
| Filing 5 Defendant's AMENDED NOTICE OF REMOVAL against Krista Rosenberg, M.D., filed by Reliance Standard Life Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit State Court File)(Suarez, Tanya) |
|
Filing 4
PAPERLESS ORDER. Defendant filed a notice of removal based on federal question jurisdiction (ERISA preemption) and diversity jurisdiction. (DE #1 ). Rather than deciding whether ERISA applies at this stage (Plaintiff disputes this), I will require Defendant to clarify its assertion that there is diversity jurisdiction. Defendant, as the removing party, has the burden of proving by a preponderance of the evidence that the amount-in-controversy exceeds the jurisdictional requirement when a plaintiff fails to plead a specific amount of damages, as is the case here. See Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744, 752 (11th Cir. 2010). See also Federated Mut. Ins. Co. v. McKinnon Motors, LLC, 329 F.3d 805, 807 (11th Cir. 2003) ("Where jurisdiction is based on a claim for indeterminate damages,... the party seeking to invoke federal jurisdiction bears the burden of proving by a preponderance of the evidence that the claim on which it is basing jurisdiction meets the jurisdictional minimum."). Defendant failed to do so by stating in a conclusory fashion that "the amount in controversy exceeds $75,000 based on the amount of benefits claimed by Plaintiff through the date the Complaint was filed." (DE #1 at 3-4). Accordingly, by October 5, 2022, Defendant must file an amended notice of removal which cures this jurisdictional deficiency. Failure to correct this deficiency may result in remand. Signed by Judge Donald M. Middlebrooks on 9/29/2022. (kal)
|
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Jurisdiction when filing. The correction was made. It is not necessary to re-file this document. (mab) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (mab) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-15978697, filed by Reliance Standard Life Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit State Court File)(Suarez, Tanya) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
