Ivy J. Smith Company, LLC v. Ohio Security Insurance Company et al
| Ivy J. Smith Company, LLC and Ivy H. Smith Company, LLC |
| Ohio Security Insurance Company and Evanston Insurance Company |
| 9:2024cv80615 |
| May 13, 2024 |
| US District Court for the Southern District of Florida |
| Shaniek Mills Maynard |
| Raag Singhal |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on June 17, 2024. A more recent docket listing may be available from PACER.
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Filing 25
ORDER on #24 Notice of Voluntary Dismissal; This cause stands Dismissed (Without Prejudice); Closing Case. Signed by Judge Raag Singhal on 6/17/2024. See attached document for full details. (ls)
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| Filing 24 NOTICE of Voluntary Dismissal of Evanston Insurance Company and Ohio Security Insurance Company by Ivy H. Smith Company, LLC (Jacobs, Brittany) |
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Filing 23
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek Mills Maynard on 6/12/2024. See attached document for full details. (scn)
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| Filing 22 PAPERLESS ORDER SETTING DISCOVERY STATUS CONFERENCE VIA ZOOM: I will hold a final discovery status conference on Tuesday, March 25, 2025, at 1:00 P.M. via Zoom. To join, the parties shall log in at least 10 minutes prior to the start time using the Zoom information below from a secure location and with a secure internet connection. **Please test your device's audio/video settings prior to joining the conference for functionality.** Join ZoomGov Meeting: # Zoom Link Meeting ID: 161 921 4596 Passcode: 185708If the link does not work, paste this link information into your address bar and go: https://www.zoomgov.com/j/1619214596?pwd=ZWgzYUsyRmFqdmdsUnYvdzdaUjVRUT09 Prior to the conference, by Tuesday, March 18, 2025, the parties shall file a Joint Discovery Status Report addressing (1) what discovery has been propounded by each party; (2) if the discovery requests have been answered; (3) the status of depositions, including the number of depositions taken, those that remain to be taken and if they have been scheduled, and an explanation of any delay in deposition scheduling; (4) the status of expert disclosures; (5) if there are any outstanding discovery disputes; (6) if the parties believe a discovery status conference is needed and whether it may be canceled; and (7) if the parties can certify that all discovery will be completed by the discovery deadline. I encourage the parties to keep in mind their obligations in discovery and to work cooperatively to complete discovery in this case as efficiently and expeditiously as possible. To the extent either party believes Court intervention is necessary, such party shall abide by the procedures set forth in my forthcoming Discovery Procedures Order. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 6/12/2024. |
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Filing 20
ORDER: Show Cause Response due by 6/17/2024. Signed by Judge Raag Singhal on 6/11/2024. See attached document for full details. (scn)
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Filing 21
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 8/11/2025 9:00 AM in Fort Lauderdale Division before Judge Raag Singhal. Calendar Call set for 8/6/2025 10:30 AM via ZOOM before Judge Raag Singhal. Amended Pleadings due by 7/25/2024. Discovery due by 4/23/2025. Expert Discovery due by 4/23/2025. Fact Discovery due by 4/23/2025. Joinder of Parties due by 7/25/2024. Mediation Deadline 4/30/2025. In Limine Motions due by 6/11/2025. Dispositive Motions due by 5/7/2025. Motions due by 5/7/2025. Pretrial Stipulation due by 7/25/2025. ORDER REFERRING CASE to Magistrate Judge Shaniek Mills Maynard for Discovery Matters. Signed by Judge Raag Singhal on 6/10/2024. 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 19 Joint SCHEDULING REPORT - Rule by Evanston Insurance Company (Philippi, Alyssa) |
| Filing 18 MOTION To Take Judicial Notice of Amended Complaint in Underlying Action re #17 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Ohio Security Insurance Company. (Rosenn, Jonathan) |
| Filing 17 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Ohio Security Insurance Company. Attorney Jonathan R. Rosenn added to party Ohio Security Insurance Company(pty:dft). Responses due by 6/18/2024. (Attachments: #1 Exhibit Declaration of David Hager authenticating Policy, #2 Exhibit Amended Complaint in Underlying Action)(Rosenn, Jonathan) |
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Filing 16
PAPERLESS ORDER granting #12 Motion for Extension of Time. Defendant Ohio Security Insurance Company shall have until 6/4/2024 to file its response to Plaintiff Ivy H. Smith Company, LLC's Complaint. Signed by Judge Raag Singhal on 6/4/2024. (jgr)
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| Filing 15 Defendant's Corporate Disclosure Statement by Evanston Insurance Company identifying Corporate Parent Markel Group Inc. for Evanston Insurance Company (Philippi, Alyssa) |
| Filing 14 Clerk's Notice to Filer re #13 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (wce) |
| Filing 13 Defendant's Corporate Disclosure Statement by Evanston Insurance Company identifying Corporate Parent Markel Group Inc. for Evanston Insurance Company (Philippi, Alyssa) |
| Filing 12 MOTION for Extension of Time file response to the Complaint. by Ohio Security Insurance Company. Attorney Jeffrey Scott Lapin added to party Ohio Security Insurance Company(pty:dft). Responses due by 6/11/2024. (Attachments: #1 Text of Proposed Order)(Lapin, Jeffrey) |
| Filing 11 CLERK'S NOTICE - Attorney Admissions has updated the email information just submitted through attorneys PACER account for attorney(s) Brittany Hope Jacobs re #3 Notice of Change of Address, Email or Law Firm Name (pt) |
| Filing 10 Defendant's MOTION to Dismiss Count Four and Motion for Extension of Time to Respond to Count Four by Evanston Insurance Company. Responses due by 6/3/2024. (Philippi, Alyssa) |
| Filing 9 NOTICE of Attorney Appearance by Alyssa Marie Philippi and Matthew J. Lavisky on behalf of Evanston Insurance Company. (Philippi, Alyssa) Modified text on 5/21/2024 (scn). |
| Filing 8 NOTICE of Attorney Appearance by Matthew J. Lavisky on behalf of Evanston Insurance Company. (Philippi, Alyssa) Modified text on 5/21/2024 (scn). |
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Filing 7
ORDER REQUIRING SCHEDULING REPORT: Within twenty (20) days of entry of this order, the parties are directed to prepare and file a joint scheduling report, as required by Local Rule 16.1. Signed by Judge Raag Singhal on 5/16/2024. See attached document for full details. (wce)
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Filing 6
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 5/16/2024. (jgr)
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| Filing 5 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses). Motions for Extension of Time Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Labeling Exhibits on CM/ECF Exhibits to pleadings and motions shall be docketed in accordance with the Court's CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Notices of Settlement Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 5/16/2024. (jgr) |
| Filing 4 CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Brittany Hope Jacobs re #3 Notice of Change of Address, Email or Law Firm Name (pt) |
| Filing 3 NOTICE of Change of Address, Email or Law Firm Name by Brittany Hope Jacobs (Jacobs, Brittany) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (jas) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - In the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida) Filing fee $ 405.00 receipt number AFLSDC-17524487, filed by EVANSTON INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Philippi, Alyssa) |
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