Wopshall v. Travelers Home and Marine Insurance Company
| Wendy Wopshall |
| THE TRAVELERS HOME AND MARINE INSURANCE COMPANY |
| 9:2023cv81552 |
| December 12, 2023 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
ORDER CLOSING CASE re #13 Notice of Voluntary Dismissal; Dismissing Case (With Prejudice); Closing Case. Signed by Judge Donald M. Middlebrooks on 2/6/2024. See attached document for full details. (ls)
|
|
Filing 14
PAPERLESS ORDER: In light of the fact that a Notice of Dismissal with Prejudice [DE 13] was filed in this case on January 31, 2024, the Scheduling Conference previously set for February 8, 2024 is CANCELED. Signed by Magistrate Judge William Matthewman on 2/1/2024. (no00)
|
| Filing 13 NOTICE of Voluntary Dismissal by Wendy Wopshall (Meiler, Michal) |
|
Filing 12
PAPERLESS ORDER: Pursuant to DE 11, Scheduling Conference set for 2/8/2024 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Signed by Magistrate Judge William Matthewman on 1/18/2024. (cpe)
|
| Filing 11 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The Scheduling Conference was held via Zoom Video Teleconference on 1/18/2024. At the Scheduling Conference, Plaintiff and Defendant appeared and indicated that a settlement appeared to be imminent (within the next week or two). Accordingly, based upon the representation of counsel, the Court will reset the Scheduling Conference by separate Order. Total time in court: 0 hour(s) : 6 minutes. Attorney Appearance(s): Michal Meiler, Matt Lavisky. (Digital Zoom Video Recording Start Time: 10:30 a.m.) (cpe) |
|
Filing 10
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 1/18/2024 at 10:30 AM 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 1/10/2024. (no00)
|
|
Filing 9
ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference, and Setting Trial Date. ( Calendar Call set for 8/7/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 8/12/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 1/5/2024. See attached document for full details. (ls)
|
| Filing 8 SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Wendy Wopshall. THE TRAVELERS HOME AND MARINE INSURANCE COMPANY served on 12/15/2023, response/answer due 1/5/2024. (Marino, Stephen) |
| Filing 7 AMENDED COMPLAINT against THE TRAVELERS HOME AND MARINE INSURANCE COMPANY, filed by Wendy Wopshall.(Marino, Stephen) |
|
Filing 6
PAPERLESS ORDER. Plaintiff alleges this Court has jurisdiction over this case based on diversity. However, the allegations fail to plead diversity. Plaintiff alleges in a conclusory fashion that "the matter in controversy exceeds the sum or value of $75,000 exclusive of interest, costs, and attorneys fees." (DE 1 at 1). Plaintiff makes no other allegations as to how her damages could reach the amount-in-controversy threshold. "A plaintiff satisfies the amount in controversy requirement by claiming a sufficient sum in good faith." Federated Mut. Ins. Co. v. McKinnon Motors, LLC, 329 F.3d 805, 807 (11th Cir. 2003) ( quoting St. Paul Mercury Indem. Co. v. Red Cab Co. , 303 U.S. 283, 288 (1938)). "Generally, 'it must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal.'" Id. Since Plaintiff did not plead any factual allegations supporting her conclusory statement, I am without sufficient information to determine whether Plaintiff's damages demand has been made in good faith. Accordingly, Plaintiff must file an amended complaint correcting all jurisdictional deficiencies by December 18, 2023 , or alternatively file a voluntary dismissal by that date. ( Amended Complaint due by 12/18/2023.) Signed by Judge Donald M. Middlebrooks on 12/13/2023. (gm1)
|
| Filing 5 Notice of Pending, Refiled, Related or Similar Actions by Wendy Wopshall (Marino, Stephen) |
| Filing 4 NOTICE of Attorney Appearance by Michal Meiler on behalf of Wendy Wopshall (Meiler, Michal) |
| Filing 3 Summons Issued as to THE TRAVELERS HOME AND MARINE INSURANCE COMPANY. (nan) |
| 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. (nan) |
| Filing 1 COMPLAINT against Travelers Home and Marine Insurance Company. Filing fees $ 405.00 receipt number AFLSDC-17137639, filed by Wendy Wopshall. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Marino, Stephen) |
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
| Search for this case: Wopshall v. Travelers Home and Marine Insurance Company | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Wendy Wopshall | |
| Represented By: | Michal Meiler |
| Represented By: | Stephen A. Marino, Jr. |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: THE TRAVELERS HOME AND MARINE INSURANCE COMPANY | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
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.
