LARSEN v. Progressive American Insurance Co.
| MICHAEL LARSEN |
| Progressive American Insurance Co. |
| 9:2024cv80962 |
| August 8, 2024 |
| U.S. District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. ยง 1330 Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2024. A more recent docket listing may be available from PACER.
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Filing 9
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 4/21/2025 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 4/16/2025 01:15 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 9/26/2024. See attached document for full details. (ebz) #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 NOTICE of Attorney Appearance by Adam Alexander-Speer Duke on behalf of Progressive American Insurance Co.. Attorney Adam Alexander-Speer Duke added to party Progressive American Insurance Co.(pty:dft). (Duke, Adam) |
| Filing 7 ANSWER and Affirmative Defenses to Amended Complaint by Progressive American Insurance Co.. (Veliz, Derek) |
| Filing 6 NOTICE of Attorney Appearance by Derek Lorenz Veliz on behalf of Progressive American Insurance Co.. Attorney Derek Lorenz Veliz added to party Progressive American Insurance Co.(pty:dft). (Veliz, Derek) |
| Filing 5 AMENDED COMPLAINT against Progressive American Insurance Co., filed by MICHAEL LARSEN. (Attachments: #1 Exhibit EXH A, #2 Exhibit EXH B, #3 Exhibit EXH C, #4 Exhibit EXH D, #5 Exhibit EXH E, #6 Exhibit EXH F)(Benrubi, Richard) |
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Filing 4
PAPERLESS ORDER REGARDING JURISDICTIONAL DEFECT. 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 allege the place of incorporation and the principal place of business of all corporate defendants. See 28 U.S.C. 1332 (c)(1). The complaint fails to clarify where Defendant's principal place of business is located. Plaintiff shall file an amended complaint no later than August 14, 2024, curing the deficiency in the diversity allegations. Failure to timely respond to this Order may result in dismissal of this action without prejudice. Signed by Judge Donald M. Middlebrooks on 8/9/2024. (kid)
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| Filing 3 Summons Issued as to Progressive American Insurance Co.. (ar24) |
| 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. (ar24) |
| Filing 1 COMPLAINT against Progressive American Insurance Co.. Filing fees $ 405.00 receipt number AFLSDC-17742725, filed by MICHAEL LARSEN. (Attachments: #1 Exhibit EXH A, #2 Exhibit EXH B, #3 Exhibit EXH C, #4 Exhibit EXH D, #5 Exhibit EXH E, #6 Exhibit EXH F, #7 Civil Cover Sheet CIVIL COVER SHEET, #8 Summon(s) SUMMONS)(Benrubi, Richard) |
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| Plaintiff: MICHAEL LARSEN | |
| Represented By: | Richard Mark Benrubi |
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| Defendant: Progressive American Insurance Co. | |
| Represented By: | Derek Lorenz Veliz |
| Represented By: | Adam Alexander-Speer Duke |
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