Brucella v. Metropolitan Life Insurance Company
| Natalie Brucella |
| Metropolitan Life Insurance Company |
| 9:2023cv81568 |
| December 20, 2023 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.
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Filing 13
PAPERLESS ORDER regarding the Parties' Joint Scheduling Report #10 . The Parties' filing apparently seeks a modification of the trial date and the deadlines contained in the Pretrial Scheduling Order. I decline to extend any deadline based upon the present record. The Parties are advised that, pursuant to Rule 7(b)(1), "[a] request for a court order must be made by motion," which must "state with particularity the grounds for seeking the order." Fed. R. Civ. P. 7(b)(1). Embedding a request such as this in the Joint Report is improper. In the event that the Parties intend to file a motion to continue the trial date and/or modify the Pretrial Scheduling Order, they are advised that such motion should include specific facts to support the extensions, including an explanation of why they cannot comply with the current litigation schedule, or what specific obstacles the Parties believe they will encounter with respect to delays or problems meeting the current schedule. The Scheduling Order will be modified only upon a showing of "good cause." Fed. R. Civ. P. 16(b)(4). "This good cause standard precludes modification unless the schedule cannot 'be met despite the diligence of the party seeking the extension.'" Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998) (citing Fed. R. Civ. P. 16 advisory committees note). Generalized references to wanting to attempt mediation will not suffice. The Parties are further reminded that at any time, they may consent to the jurisdiction of United States Magistrate Judge William Matthewman, who generally allows litigants great flexibility in setting the course and schedule, including the trial date, of their case. The consent form can be found at Appendix A of the Pretrial Scheduling Order (DE #9 ). Signed by Judge Donald M. Middlebrooks on 2/2/2024. (kid)
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| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by Natalie Brucella (Ortiz, Nick) |
| Filing 11 Joint NOTICE of Mediator Selection. Selected/Added Jack L. Townsend, Sr as Mediator. (Ortiz, Nick) |
| Filing 10 Joint SCHEDULING REPORT - Rule 16.1 by Natalie Brucella (Ortiz, Nick) |
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Filing 9
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 2/22/2024., Discovery due by 6/13/2024., Joinder of Parties due by 2/22/2024., In Limine Motions due by 6/27/2024., Dispositive Motions due by 6/27/2024., Motions due by 6/27/2024., Pretrial Stipulation due by 7/29/2024., Jury Trial set for 8/26/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 8/21/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 1/18/2024. See attached document for full details. (nwn) #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 8 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The Scheduling Conference was held via Zoom Video Teleconference on 1/18/2024. The Court discussed whether parties would be added, 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: 0 hour(s) : 28 minutes. Attorney Appearance(s): Nick Anthony Ortiz, Jeannine Cline Jacobson. (Digital Zoom Video Recording Start Time: 11:00 a.m.) (cpe) |
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Filing 7
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 1/18/2024 at 11:00 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)
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Filing 6
ORDER REFERRING CASE AND SETTING TRIAL DATE. REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference with notices (NEFs for Events only) for all filings in case., SCHEDULING ORDER: ( Jury Trial set for 8/26/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 8/21/2024 01:15 PM 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. (nwn) #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 5
PAPERLESS ORDER denying as moot #3 Defendant's Unopposed Motion for Extension of Time to File Response to Notice of Removal. Defendant timely filed its Answer on December 27, 2023 (DE #4 ). Signed by Judge Donald M. Middlebrooks on 1/2/2024. (kid)
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| Filing 4 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Metropolitan Life Insurance Company. (Jacobson, Jeannine) |
| Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Metropolitan Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Jacobson, Jeannine) |
| 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. (nwn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-17159253, filed by Metropolitan Life Insurance Company. (Attachments: #1 State Court Complaint, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(Jacobson, Jeannine) No Answer/Motion to Dismiss Filed. Modified text and attachment description on 12/20/2023 (nwn). |
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| Plaintiff: Natalie Brucella | |
| Represented By: | Nick Anthony Ortiz |
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| Defendant: Metropolitan Life Insurance Company | |
| Represented By: | Damien Kirkpatrick Reynolds |
| Represented By: | Jeannine Cline Jacobson |
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