State Farm Mutual Automobile Insurance Company v. Vasconcellos et al
| State Farm Mutual Automobile Insurance Company |
| Samuel Vasconcellos and Ilda Vasconcellos |
| 9:2024cv80278 |
| March 12, 2024 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on May 10, 2024. A more recent docket listing may be available from PACER.
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Filing 25
PAPERLESS ORDER. On May 9, 2024, Plaintiff moved for Clerk's Entry of Default as to Defendants Samuel Vasconcellos and Ilda Vasconcellos. (DE #21 ). The motion was granted the same day. (DE #11 ). Accordingly, if Plaintiff intends to move for default final judgment, it must do so on or before May 24, 2024. Moreover, Plaintiff is advised that pursuant to S.D. Fla. Local Rule 7.1(a)(2), motions for default judgment must be "accompanied by a proposed order that is filed and submitted via e-mail to the Court as prescribed by Section 3I(6) of the CM/ECF Administrative Procedures." The proposed order must contain legal analysis as to the claims on which Plaintiff is seeking default final judgment and how the pled facts, taken as true, justify awarding Plaintiff default judgment. Plaintiff must ensure that its proposed order with the court is emailed in Word format to the court's e-filing address: middlebrooks@flsd.uscourts.gov. If no timely motion and appropriate proposed order are filed, this matter is subject to dismissal without prejudice for failure to abide by court orders. Signed by Judge Donald M. Middlebrooks on 5/10/2024. (kid)
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| Filing 24 NOTICE of Filing Certificate of Service by State Farm Mutual Automobile Insurance Company re #22 Clerk's Entry/Non-Entry of Default (Attachments: #1 Clerk's Default) (Kidd, Amanda) |
| Filing 23 NOTICE of Filing Certificate of Service by State Farm Mutual Automobile Insurance Company re 20 Order on Motion for Default Judgment, (Attachments: #1 Paperless Order Denying Plaintiff's Motion for Default Judgment) (Kidd, Amanda) |
| Filing 22 Clerk's Entry of Default as to Samuel Vasconcellos, Ilda Vasconcellos - Motions Terminated: #21 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 5/9/2024. (cds) |
| Filing 21 MOTION for Clerk's Entry of Default as to All Defendants by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kidd, Amanda) |
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Filing 20
PAPERLESS ORDER denying #18 Plaintiff's Motion for Default Judgment. Default Judgment is a two-stage process. The Clerk of Court's entry of a party's default is a prerequisite for the entry of judgment upon that default. See Federal Rule of Civil Procedure 55(a). Plaintiff's motion does not comply with these rules, it is prematurely filed, and accordingly it is denied. Signed by Judge Donald M. Middlebrooks on 5/9/2024. (kid)
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| Filing 19 NOTICE of Filing Certificate of Service by State Farm Mutual Automobile Insurance Company re #17 Scheduling Order,,,, Order Referring Case to Mediation,,, (Attachments: #1 Pretrial Scheduling Order and Order Referring Case to Mediation) (Kidd, Amanda) |
| Filing 18 MOTION for Default Judgment by State Farm Mutual Automobile Insurance Company. (Kidd, Amanda) |
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Filing 17
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 5/30/2024., Discovery due by 9/19/2024., Joinder of Parties due by 5/30/2024., In Limine Motions due by 10/3/2024., Dispositive Motions due by 10/3/2024., Motions due by 10/3/2024., Pretrial Stipulation due by 11/4/2024., Jury Trial set for 12/2/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 11/27/2024 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 5/8/2024. 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 16 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 5/8/2024. No appearance was made on the behalf of Defendants Samuel Vasconcellos and Ilda Vasconcellos. The Court discussed the trial period and pretrial deadlines. There are no motions pending. Written scheduling order and order of referral to mediation will be issued. Total time in court: 03 minutes. Attorney Appearance(s): Amanda Leigh Kidd, Steven Hollis. (Digital 10:31:22) (swr) |
| Filing 15 NOTICE of Filing Certificate of Service by State Farm Mutual Automobile Insurance Company re #13 Order on Motion for Miscellaneous Relief, (Attachments: #1 Order Granting Motion to Modify Trial Date) (Kidd, Amanda) |
| Filing 14 NOTICE of Attorney Appearance by Amanda Leigh Kidd on behalf of State Farm Mutual Automobile Insurance Company (Kidd, Amanda) |
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Filing 13
ORDER granting #12 Motion to Modify Trial Date. The calendar call set for November 13, 2024, and the trial period set for November 18, 2024 are CANCELLED. Calendar Call set for 11/27/2024 01:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 12/2/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 5/7/2024. See attached document for full details. (nwn)
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| Filing 12 Unopposed MOTION to Modify Trial Date re #6 Order Referring Case to Magistrate Judge,,,, Scheduling Order,,, by State Farm Mutual Automobile Insurance Company. (Kidd, Amanda) |
| Filing 11 NOTICE of Filing Certificate of Service by State Farm Mutual Automobile Insurance Company re 10 Order,,,,, Set/Reset Hearings,,,, (Attachments: #1 Order Setting Scheduling Conference) (Kidd, Amanda) |
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Filing 10
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 5/8/2024 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 4/24/2024. (no00)
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| Filing 9 NOTICE of Filing Certificate of Service by State Farm Mutual Automobile Insurance Company re #6 Order Referring Case to Magistrate Judge,,,, Scheduling Order,,, (Attachments: #1 Order Referring Case and Setting Trial Date) (Kidd, Amanda) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by State Farm Mutual Automobile Insurance Company. Ilda Vasconcellos served on 4/11/2024, response/answer due 5/2/2024. (Kidd, Amanda) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by State Farm Mutual Automobile Insurance Company. Samuel Vasconcellos served on 4/11/2024, response/answer due 5/2/2024. (Kidd, Amanda) |
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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 11/18/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 11/13/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 4/19/2024. 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 AMENDED COMPLAINT for Declaratory Judgment against All Defendants, filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kidd, Amanda) |
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Filing 4
ORDER REGARDING JURISDICTIONAL DEFECTS. ( Amended Complaint due by 3/18/2024.) Signed by Judge Donald M. Middlebrooks on 3/14/2024. See attached document for full details. (nwn)
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| Filing 3 Summons Issued as to Ilda Vasconcellos, Samuel Vasconcellos. (cds) |
| 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) |
| Filing 1 COMPLAINT for Declaratory Judgment against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17362680, filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Errata B, #3 Civil Cover Sheet, #4 Proposed Summons for Defendant Samuel Vasconcellos, #5 Proposed Summons for Defendant Ilda Vasconcellos)(Kidd, Amanda) |
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