U.S. Specialty Insurance Company v. Magnificent Hardscapes, Inc. et al
| U.S. Specialty Insurance Company |
| Magnificent Hardscapes, Inc., Kast Construction Company, LLC and Hunters Run Property Owners Association, Inc. |
| 9:2022cv81967 |
| December 21, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| None |
Docket Report
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This docket was last retrieved on February 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 NOTICE by Hunters Run Property Owners Association, Inc. re #25 MOTION TO DISMISS #6 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM Defendant, Kast Construction Company, LLC's Motion to Dismiss Plaintiff's First Amended Complaint Notice of Joinder (Gudaitis, Christine) |
| Filing 25 MOTION TO DISMISS #6 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM Defendant, Kast Construction Company, LLC's Motion to Dismiss Plaintiff's First Amended Complaint by Kast Construction Company, LLC. Responses due by 3/2/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Moore, Meghan) |
| Filing 24 Joint MOTION to Stay Proceedings and All Court Deadlines by U.S. Specialty Insurance Company. Responses due by 3/2/2023 (Attachments: #1 Text of Proposed Order)(Warrington, Alfred) |
| Filing 23 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by U.S. Specialty Insurance Company. Kast Construction Company, LLC served on 1/12/2023, response/answer due 2/16/2023. (Warrington, Alfred) |
| Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Hunters Run Property Owners Association, Inc. (Gudaitis, Christine) |
Filing 21
PAPERLESS ORDER granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Janice Holmes. Signed by Judge Donald M. Middlebrooks on 2/8/2023. (orz)
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| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Janice Holmes. Filing Fee $ 200.00 Receipt # AFLSDC-16306793 by U.S. Specialty Insurance Company. Responses due by 2/21/2023 (Attachments: #1 Certification of Janice Holmes, #2 Text of Proposed Order)(Warrington, Alfred) |
| Filing 19 NOTICE of Attorney Appearance by Meghan Chandler Moore on behalf of Kast Construction Company, LLC. Attorney Meghan Chandler Moore added to party Kast Construction Company, LLC(pty:dft). (Moore, Meghan) |
| Filing 18 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Kast Construction Company, LLC (Josephy, Nicole) |
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Filing 17
PAPERLESS ORDER granting in #14 Motion for Extension of Time. Defendant Kast Construction Company, LLC ("Kast"), seeks an extension of time to respond to the complaint from February 2, 2023, to February 16, 2023. In support, Defendant Kast's counsel represents the Parties have agreed to the extension. While I normally do not find this sort of explanation sufficient, I will grant the Motion because the extension sought is short and will align the response deadline for other defendants. Accordingly, Defendant Kast must respond to the complaint on or by February 16, 2023. I note that Defendant Kast filed this motion after its answer deadline. The Parties are cautioned to ensure that future motions for extensions of time are filed in advance of the deadline sought to be extended. Signed by Judge Donald M. Middlebrooks on 2/7/2023. (orz)
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| Filing 16 NOTICE of Attorney Appearance by Nicole Angela Josephy on behalf of Kast Construction Company, LLC. Attorney Nicole Angela Josephy added to party Kast Construction Company, LLC(pty:dft). (Josephy, Nicole) |
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Filing 15
PAPERLESS ORDER granting in #13 Motion for Extension of Time. Defendant Hunter Run Property Owners Associations, Inc. ("Defendant Hunter"), seeks an extension of time to respond to the complaint from February 7, 2023, to February 16, 2023. In support, Defendant Hunter's counsel represents that she was just retained. While I normally do not find this sort of explanation sufficient, I will grant the Motion because it is unopposed and the extension sought is short. Accordingly, Defendant Hunter must respond to the complaint on or by February 16, 2023. Signed by Judge Donald M. Middlebrooks on 2/6/2023. (orz)
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| Filing 14 Consent MOTION for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint/Amended Notice of Removal, for Kast Construction Company, LLC by U.S. Specialty Insurance Company. (Attachments: #1 Text of Proposed Order)(Warrington, Alfred) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint/Amended Notice of Removal, by Hunters Run Property Owners Association, Inc.. Attorney Christine A. Gudaitis added to party Hunters Run Property Owners Association, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Gudaitis, Christine) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by U.S. Specialty Insurance Company. Hunters Run Property Owners Association, Inc. served on 1/17/2023, response/answer due 2/7/2023. (Warrington, Alfred) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by U.S. Specialty Insurance Company. Magnificent Hardscapes, Inc. served on 1/12/2023, response/answer due 2/16/2023. (Warrington, Alfred) |
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Filing 10
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 2/22/2023 at 3:00 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 2/3/2023. (no00)
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Filing 9
PAPERLESS ORDER granting #8 Consent Motion for Extension of Time. Defendant Magnificent Hardscapes, Inc. ("Defendant") seeks an extension of time to respond to the First Amended Complaint from February 2, 2023, to February 16, 2023. In support, Defendant's counsel represents that he was only recently retained and requires additional time to investigate the claims. While I normally do not find such explanations sufficient to establish good cause, I will grant the Motion because it is unopposed and only seeks a short extension. Accordingly, Defendant must respond to the First Amended Complaint on or by February 16, 2023. Signed by Judge Donald M. Middlebrooks on 2/2/2023. (orz)
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| Filing 8 Consent MOTION for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint/Amended Notice of Removal, for Magnificent Hardscapes, Inc. by U.S. Specialty Insurance Company. (Attachments: #1 Text of Proposed Order)(Warrington, Alfred) |
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Filing 7
ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 8/14/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 8/9/2023 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 1/18/2023. See attached document for full details. (scn) #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.
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| Filing 6 First AMENDED COMPLAINT for Declaratory Judgment against All Defendants, filed by U.S. Specialty Insurance Company. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Exhibit B - Third Party Complaint, #3 Exhibit C - 2018-2019 Policies, #4 Exhibit D - 2019-2020 Policy)(Warrington, Alfred) |
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Filing 5
PAPERLESS ORDER. Plaintiff alleges this Court has jurisdiction over this case based on diversity. However, the allegations fail to plead diversity. See Travaglio v. Am. Exp. Co, 735 F.3d 1266, 1268 (11th Cir. 2013) (When a plaintiff files suit in federal court, she must allege facts that, if true, show federal subject matter jurisdiction over her case exists.). Specifically, the party asserting diversity must prove the citizenships of all the members of a limited liability company and all partners of a limited partnership. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C, 374 F.3d 1020, 1022 (11th Cir. 2004). Plaintiff does not address the citizenship of Kast Construction Company, LLC's members. Accordingly, Plaintiff must file an Amended Complaint curing the jurisdictional defects outlined in this Order on or by January 6, 2023. Signed by Judge Donald M. Middlebrooks on 12/27/2022. (kal)
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| Filing 4 Corporate Disclosure Statement by U.S. Specialty Insurance Company identifying Corporate Parent Tokio Marine Holdings, Inc., Corporate Parent Tokio Marine & Nichido Fire Insurance Co., Ltd., Corporate Parent Illium, Inc., Corporate Parent Houston Casualty Company for U.S. Specialty Insurance Company (Warrington, Alfred) |
| Filing 3 Summons Issued as to Hunters Run Property Owners Association, Inc., Kast Construction Company, LLC, Magnificent Hardscapes, Inc. (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 COMPLAINT for Declaratory Judgment against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16191173, filed by U.S. Specialty Insurance Company. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Exhibit B - Third Party Complaint, #3 Exhibit C - 2018-2019 Policies, #4 D - 2019-2020 Policy, #5 Civil Cover Sheet, #6 Summon(s) - Magnificent Hardscapes, Inc., #7 Summon(s) - Kast Construction Company, LLC, #8 Summon(s) - Hunters Run Property Owners Association, Inc.)(Warrington, Alfred) |
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