Prime Insurance Company v. Nesselhauf et al
| Prime Insurance Company |
| Justin Nesselhauf and C & C Underhill a Florida Profit Corporation doing business as Plant Bamboo |
| 9:2026cv80342 |
| March 27, 2026 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| None |
Docket Report
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This docket was last retrieved on May 18, 2026. A more recent docket listing may be available from PACER.
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Filing 21
ORDER CLOSING CASE. This case is DISMISSED WITHOUT PREJUDICE. All pending Motions are DENIED AS MOOT. The Clerk of Court is directed to CLOSE this case. Signed by Judge Aileen M. Cannon on 5/18/2026. See attached document for full details. (ebz)
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| Filing 20 STIPULATION of Dismissal by Prime Insurance Company (Hernandez, Yamille) |
| Filing 19 Corporate Disclosure Statement /C & C Underhill Inc. d/b/a Plant Bamboo's Corporate Disclosure Statement by C & C Underhill identifying Other Affiliate Plant Bamboo for C & C Underhill (Kuleba, Christopher) |
| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Amended Complaint/Amended Notice of Removal, by C & C Underhill. Attorney Christopher Thomas Kuleba added to party C & C Underhill(pty:dft). Responses due by 5/26/2026. (Attachments: #1 Text of Proposed Order)(Kuleba, Christopher) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Prime Insurance Company. C & C Underhill served on 4/24/2026, response/answer due 5/15/2026. (Hernandez, Yamille) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Prime Insurance Company. Justin Nesselhauf waiver sent on 4/9/2026, response/answer due 6/8/2026. (Hernandez, Yamille) |
| Filing 15 NOTICE of Striking #4 Summons Returned Executed, filed by Prime Insurance Company by Prime Insurance Company (Hernandez, Yamille) |
| Filing 14 CLERK'S NOTICE - Attorney Admissions has accepted the address and email information change requests as submitted through attorneys PACER account for attorney Yamille Del Carmen Hernandez re #13 Notice of Change of Address, Email or Law Firm Name (pt) |
| Filing 13 NOTICE of Change of Address/Contact Information; Change of Email; by Yamille Del Carmen Hernandez (Hernandez, Yamille) |
| Filing 12 Notice of Pending, Refiled, Related or Similar Actions by Prime Insurance Company (Hernandez, Yamille) |
| Filing 11 Plaintiff's Corporate Disclosure Statement by Prime Insurance Company identifying Corporate Parent RLI Corp, Corporate Parent Prime Holdings Insurance Services, Inc. for Prime Insurance Company (Hernandez, Yamille) |
| Filing 10 NOTICE of Attorney Appearance by Stephen Carlos Jimenez on behalf of Prime Insurance Company (Jimenez, Stephen) |
| Filing 9 NOTICE of Attorney Appearance by Yamille Del Carmen Hernandez on behalf of Prime Insurance Company (Hernandez, Yamille) |
| Filing 8 Plaintiff's AMENDED COMPLAINT against All Defendants, filed by Prime Insurance Company. (Attachments: #1 Exhibit Nesselhauf's Verified Responses to Interrogatories, #2 Exhibit Tort Lawsuit Verdict, #3 Exhibit Participant Policy, #4 Exhibit Spectator Policy, #5 Exhibit March 2023 ROR, #6 Exhibit Tort Complaint, #7 Exhibit Depo, #8 Exhibit Feb 2026 ROR, #9 Exhibit Release)(Green, Jay) |
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Filing 7
ORDER TO CLARIFY CITIZENSHIP. Plaintiff shall file an amended complaint clarifying the citizenship of Defendant Justin Nesselhauf as specified in this Order on or before April 14, 2026, attaching any exhibits as necessary. (Amended Complaint due by 4/14/2026.) Signed by Judge Aileen M. Cannon on 4/7/2026. See attached document for full details. (ebz)
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Filing 6
ORDER REQUIRING DOCKETED PROOF OF SERVICE; REQUIRING COMBINED RESPONSES; AND SETTING TYPEFACE REQUIREMENTS. Signed by Judge Aileen M. Cannon on 4/2/2026. See attached document for full details. (ebz)
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Filing 5
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 4/1/2026. (jj02)
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| Filing 4 STRICKEN. SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Prime Insurance Company. Justin Nesselhauf served on 3/31/2026, response/answer due 4/21/2026. (Green, Jay) Modified per DE #15 Notice of Striking on 4/29/2026 (ebz). |
| Filing 3 Summons Issued as to C & C Underhill, Justin Nesselhauf. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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. (kpe) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19363160, filed by Prime Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons for Nesselhauf and C & C Underhill, #3 Exhibit Exhibit A - Tort Lawsuit Verdict, #4 Exhibit Exhibit B- Participant Policy, #5 Exhibit Exhibit C - Spectator Policy, #6 Exhibit Exhibit D - March 2023 ROR, #7 Exhibit Exhibit E - Tort Complaint, #8 Exhibit Exhibit F - Roggs, #9 Exhibit Exhibit G - Depo, #10 Exhibit Exhibit H - Feb 2026 ROR, #11 Exhibit Exhibit I - Release)(Green, Jay) |
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