Tractor Supply Company v. Ace American Insurance Company
| Tractor Supply Company |
| ACE American Insurance Company, Unifirst Corporation and ESIS, Inc. |
| 3:2021cv00619 |
| August 9, 2021 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Barbara D Holmes |
| Aleta A Trauger |
| Insurance |
| 12 U.S.C. § 635 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
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Filing 63
CERTIFICATE Conformed Certificate of Service filed by ACE American Insurance Company re Annotation - Deficiency Notice,. (Warrington, Alfred)
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NOTICE TO FILER re DE#62 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)
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Filing 62
MOTION for Extension of Time to File Answer re #52 Amended Complaint, by ACE American Insurance Company. (Attachments: #1 Attachment Proposed Agreed Order)(Warrington, Alfred)
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Filing 61
ORDER granting #59 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Alissa K. Christopher to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 09/29/2021. (lh)
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Filing 60
PROPOSED CASE MANAGEMENT ORDER Joint filed by Unifirst Corporation. (Pulliam, Andrew)
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Texas Bar status verified as active for Alissa K. Christopher not admitted to this court - Local counsel secured.. (lh)
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TN State Bar status verified as active for E. Todd Presnell admitted to this court. (mg)
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Filing 59
MOTION for attorney Alissa K. Christopher to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3456979) by ESIS, Inc.. (Attachments: #1 Attachment Certificate of Good Standing, #2 Exhibit A - Order Notice)(Presnell, E.)
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Filing 58
NOTICE of Appearance by E. Todd Presnell on behalf of ESIS, Inc. (Presnell, E.)
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Filing 57
Consent MOTION for Protective Order by Unifirst Corporation. (Attachments: #1 Attachment Stipulated Protective Order)(Pulliam, Andrew)
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Filing 56
WAIVER OF SERVICE Returned Executed by Tractor Supply Company. Unifirst Corporation waiver sent on 9/23/2021. (Elkins, Kevin)
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Filing 55
WAIVER OF SERVICE Returned Executed by Tractor Supply Company. ESIS, Inc. waiver sent on 9/23/2021. (Elkins, Kevin)
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Filing 54
Summons issued as to ESIS, Inc., and Unifirst Corporation. Service copies returned to counsel (Kevin T. Elkins) by mail. (bs)
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Filing 53
NOTICE of Appearance by Andrew J. Pulliam on behalf of Unifirst Corporation (Pulliam, Andrew)
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TN State Bar status verified as active for Andrew J. Pulliam admitted to this court. (mg)
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Filing 52
AMENDED COMPLAINT (Second) against ACE American Insurance Company, Unifirst Corporation, ESIS, Inc., filed by Tractor Supply Company. (Attachments: #1 Exhibit A - Florida Dept of Financial Services Civil Remedy Notice, #2 Attachment Summons to Unifirst, #3 Attachment Summons to ESIS)(Elkins, Kevin)
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Filing 51
BUSINESS ENTITY DISCLOSURE STATEMENT filed by ACE American Insurance Company. (Warrington, Alfred)
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Filing 50
ORDER: Pending before the Court is the parties' Joint Motion for Entry of Order Related to Progression of Related Cases, which is found at Docket No. #49 in Case No. 3:21-cv-00619 and Docket No. #53 in Case No. 3:21-cv-00016, and both of which are GRANTED. Within seven days from the entry of this Order, Tractor Supply shall file in Case No.3-21-cv-00619 a Second Amended Complaint. After the filing of the Second Amended Complaint by Tractor Supply in Case No.3-21-cv-00619, Tractor Supply shall, within five (5) business days, submit appropriate filings to dismiss Case No. 3-21-cv-00016 with prejudice. Based on the agreed-upon filing of a Second Amended Complaint, which will, once filed, be the legally operative complaint, the Clerk is directed to TERMINATE the motion to dismiss in Case No. 3:21-cv-00016. Further, Tractor Supply's prior motions for entry of an order related to progression of related cases, which are found at Docket No. #51 in Case No. 3:21-cv-00016 and Docket No. #48 in Case No. 3:21-cv-00619, are DENIED as moot. Due to unforeseen circumstances, the initial case management conference that the Court intended to hold on September 21, 2021, is CANCELLED. Within seven days of the dismissal of Case No. 3:21-cv-00016, the parties shall file a joint proposed initial case management order in the remaining Case No. 3:21-cv-00619. Signed by Magistrate Judge Barbara D. Holmes on 9/15/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 49
Joint MOTION for Entry of Order Related to Progression of Related Cases by Tractor Supply Company. (Attachments: #1 Attachment Proposed Order)(Elkins, Kevin)
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Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 8/24/2021; ORDER to enter. (Tape #not recorded.) (Hearing lasted :30)(jwc)
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Filing 48
MOTION For Entry of Order Related to Progression of Related Cases by Tractor Supply Company. (Attachments: #1 Attachment Order Regarding Progression of Related Cases)(Elkins, Kevin)
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TN State Bar status verified as active for Kevin T. Elkins admitted to this court. (mg)
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Filing 47
PROPOSED CASE MANAGEMENT ORDER JOINT PROPOSED CASE MANAGEMENT ORDER filed by Tractor Supply Company. (Elkins, Kevin)
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Filing 46
NOTICE of Appearance by Kevin T. Elkins on behalf of Tractor Supply Company (Elkins, Kevin)
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Filing 45
NOTICE of Appearance by William Bryan Jakes, III on behalf of ACE American Insurance Company (Jakes, William)
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TN State Bar status verified as active for William Bryan Jakes, III admitted to this court. (mg)
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TN State Bar status verified as active for Mark M. Bell admitted to this court. (mg)
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Filing 44
ORDER: Status/Initial Case Management Conference by Telephone is set for 8/24/2021 at 10:00 AM before Magistrate Judge Barbara D. Holmes. To participate in the conference, counsel should use the Court's conference line of 1-877-402-9753, access code 3808663#. Counsel for both cases are expected to participate. Signed by Magistrate Judge Barbara D. Holmes on 8/13/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 43
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 8/12/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 42
ORDER granting #39 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Alfred C. Warrington to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 08/12/2021. (lh)
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Filing 41
NOTICE of Appearance by Mark M. Bell on behalf of Tractor Supply Company (Bell, Mark)
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Filing 40
ORDER REASSIGNING CASE: It is hereby ORDERED that this case is TRANSFERRED for all purposes to Judge Campbell, as it is related to an earlier-filed case assigned to him. Signed by District Judge Aleta A. Trauger on 8/11/2021. (mg)
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Filing 39
MOTION for attorney Alfred C. Warrington to Appear Pro Hac Vice (paid $150 PHV fee in case 3:21-cv-619 (where motion was previously incorrectly filed); receipt number 0650-3425277) by ACE American Insurance Company. (Attachments: #1 Attachment Certificate)(Jakes, William) Modified payment info on 8/12/2021 (ln).
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FL State Bar status verified as active for Alfred C. Warrington, V not admitted to this court - Local counsel secured. (mg)
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Filing 38
NOTICE of Business Entity Disclosure Statement filing requirement. (dt)
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Filing 37
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (dt)
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Filing 36
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt)
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TX State Bar status verified as active for Morris D. Weiss not admitted to this court - Local counsel required. (dt)
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FL State Bar status verified as active for Alfred C. Warrington, V not admitted to this court - Local counsel required. (dt)
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NOTICE TO COUNSEL Alfred C. Warrington, V and Morris D. Weiss: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 8/31/2021. (dt)
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NOTICE TO COUNSEL Alfred C. Warrington, V and Morris D. Weiss: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 8/31/2021. (dt)
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Filing 35
Case transferred in from the District of Florida Middle; Case Number 2:21-cv-00028. Original file certified copy of transfer order and docket sheet received.
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Filing 34
CASE ELECTRONICALLY TRANSFERRED to the Middle District of Tennessee. (SMG) [Transferred from Florida Middle on 8/10/2021.]
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Filing 33
ORDER: Defendant's unopposed motion to transfer venue to the Middle District of Tennessee ( #15 ) is GRANTED. The Clerk is DIRECTED to transfer this matter to the Middle District of Tennessee, terminate all pending deadlines and motions, and close the file. See Order for details. Signed by Judge John L. Badalamenti on 7/19/2021. (VK) [Transferred from Florida Middle on 8/10/2021.]
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Filing 32
NOTICE of Withdrawal by Tractor Supply Company re #21 Response in Opposition to Motion (Weiss, Morris) [Transferred from Florida Middle on 8/10/2021.]
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Filing 30
NOTICE of Appearance by Morris D. Weiss on behalf of Tractor Supply Company (Weiss, Morris) [Transferred from Florida Middle on 8/10/2021.]
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Filing 29
ORDER granting #28 E. Taylor George's Renewed Motion to Withdraw as Counsel, which the Court construes as a motion to withdraw as counsel of record. E. Taylor George has no further responsibility in this action. The Clerk of Court is directed to terminate E. Taylor George as counsel of record for Plaintiff Tractor Supply Company and to remove him from the electronic service list in CM/ECF for this case. The Clerk of Court is also directed to add the following service address to CM/ECF for Plaintiff Tractor Supply Company: Jason Keen, Tractor Supply Company, 5401 Virginia Way, Brentwood, Tennessee 37027. Plaintiff Tractor Supply Company must obtain new counsel to represent it. The Court will require Plaintiff Tractor Supply Company to do so and to have its counsel file a notice of appearance no later than 7/8/2021. Additionally, the case management deadline for the parties to exchange the Rule 26(a)(1) Mandatory Initial Disclosures is extended to 7/19/2021. All other provisions of this Court's prior case management and scheduling order (Doc. 24), shall remain in effect. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 6/17/2021. (WJF) [Transferred from Florida Middle on 8/10/2021.]
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Filing 28
MOTION for E. Taylor George to Withdraw as Attorney (Renewed) by Tractor Supply Company. (George, Edward) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/10/2021.]
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Filing 27
ORDER denying without prejudice #26 E. Taylor George's Motion to Withdraw as Counsel. Attorney E. Taylor George may refile his motion with a certificate of service that includes Plaintiff Tractor Supply Company and in full compliance with this Court's local rules. See M.D. Fla. R. 2.02(c)(1)(B)(ii). See Order for details. Signed by Magistrate Judge Mac R. McCoy on 6/14/2021. (WJF) [Transferred from Florida Middle on 8/10/2021.]
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Filing 26
Amended MOTION for E. Taylor George to Withdraw as Attorney by Tractor Supply Company. (George, Edward) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/10/2021.]
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Filing 25
REQUEST for oral argument re #15 MOTION to Change Venue / Transfer Case , #14 MOTION to Dismiss Counts 4, 13, 14 and 15 of Plaintiff's First Amended Complaint by Ace American Insurance Company. (Warrington, Alfred) [Transferred from Florida Middle on 8/10/2021.]
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Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/3/2021; Joinder of Parties due by 8/3/2021; Discovery due by 4/21/2022; Dispositive motions due by 6/21/2022; Pretrial statement due by 11/4/2022; All other motions due by 10/28/2022; Plaintiff disclosure of expert report due by 1/21/2022; Defendant disclosure of expert report due by 2/21/2022; Final Pretrial Conference set for 11/18/2022; Trial term set for 12/1/2022; Conduct mediation hearing by 5/5/2022. Lead counsel to coordinate dates. Signed by Magistrate Judge Mac R. McCoy on 6/1/2021. (jmc) [Transferred from Florida Middle on 8/10/2021.]
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Filing 23
Minute Entry. Telephonic Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 6/1/2021. (Digital) (jmc) [Transferred from Florida Middle on 8/10/2021.]
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Filing 22
RESPONSE in Opposition re #14 MOTION to Dismiss Counts 4, 13, 14 and 15 of Plaintiff's First Amended Complaint filed by Tractor Supply Company. (George, Edward) [Transferred from Florida Middle on 8/10/2021.]
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Filing 21
RESPONSE in Opposition re #15 MOTION to Change Venue / Transfer Case filed by Tractor Supply Company. (George, Edward) [Transferred from Florida Middle on 8/10/2021.]
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Filing 20
NOTICE of a related action per Local Rule 1.07(c) by Tractor Supply Company. Related case(s): No (George, Edward) [Transferred from Florida Middle on 8/10/2021.]
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Filing 19
CERTIFICATE of interested persons and corporate disclosure statement re #5 Civil Action Order by Tractor Supply Company. (George, Edward) [Transferred from Florida Middle on 8/10/2021.]
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Filing 18
CASE MANAGEMENT REPORT. (Warrington, Alfred) [Transferred from Florida Middle on 8/10/2021.]
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Filing 17
NOTICE of a related action per Local Rule 1.07(c) by Ace American Insurance Company. Related case(s): Yes (Warrington, Alfred) [Transferred from Florida Middle on 8/10/2021.]
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Filing 16
CORPORATE Disclosure Statement re #5 Civil Action Order by Ace American Insurance Company identifying Corporate Parent INA Holdings Corporation, Corporate Parent INA Corporation, Corporate Parent INA Financial Corporation, Corporate Parent Chubb Limited, Corporate Parent Chubb INA Holdings, Inc., Corporate Parent Chubb Group Holdings Inc. for Ace American Insurance Company.. (Warrington, Alfred) [Transferred from Florida Middle on 8/10/2021.]
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Filing 15
MOTION to Change Venue / Transfer Case by Ace American Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Warrington, Alfred) [Transferred from Florida Middle on 8/10/2021.]
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Filing 14
MOTION to Dismiss Counts 4, 13, 14 and 15 of Plaintiff's First Amended Complaint by Ace American Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Warrington, Alfred) [Transferred from Florida Middle on 8/10/2021.]
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Filing 13
ANSWER and affirmative defenses to #8 Amended Complaint by Ace American Insurance Company.(Warrington, Alfred) [Transferred from Florida Middle on 8/10/2021.]
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Filing 12
ORDER GOVERNING PRELIMINARY PRETRIAL CONFERENCE. Signed by Magistrate Judge Mac R. McCoy on 4/26/2021. (jmc) [Transferred from Florida Middle on 8/10/2021.]
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Filing 11
ORDER GOVERNING TELEPHONIC PROCEEDINGS. Signed by Magistrate Judge Mac R. McCoy on 4/26/2021. (jmc) [Transferred from Florida Middle on 8/10/2021.]
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Filing 10
NOTICE of hearing: Telephonic Preliminary Pretrial Conference set for 6/1/2021 at 11:30 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call.Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 5/24/2021. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc) [Transferred from Florida Middle on 8/10/2021.]
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Filing 9
WAIVER of service returned executed on 03/22/2021 by Tractor Supply Company as to Ace American Insurance Company. (George, Edward) Modified on 3/23/2021 counsel notified as to use of full case number on pleadings (MLS). [Transferred from Florida Middle on 8/10/2021.]
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Filing 8
AMENDED COMPLAINT against Ace American Insurance Company with Jury Demand. filed by Tractor Supply Company. Related document: #1 Complaint filed by Tractor Supply Company. (Attachments: #1 Exhibit A - Civil Remedy Notice and Response)(George, Edward) [Transferred from Florida Middle on 8/10/2021.]
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Filing 7
NOTICE of change of address by Edward Taylor George (George, Edward) Modified on 3/4/2021 to reflect counsel notified to use full case number (MLS). [Transferred from Florida Middle on 8/10/2021.]
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Filing 6
NOTICE TO COUNSEL of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (SMG) [Transferred from Florida Middle on 8/10/2021.]
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Filing 5
CIVIL Action Order Signed by All Divisional Judges on 2/3/2021. (SMG) [Transferred from Florida Middle on 8/10/2021.]
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Filing 4
TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER Signed by All Divisional Judges on 1/19/2021. (WRW) [Transferred from Florida Middle on 8/10/2021.]
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Filing 3
SUMMONS issued as to Ace American Insurance Company. (MLS) [Transferred from Florida Middle on 8/10/2021.]
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Filing 2
NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Mac R. McCoy. New case number: 2:21-cv-0028-FtM-66MRM. (SJB) [Transferred from Florida Middle on 8/10/2021.]
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Filing 1
COMPLAINT against Ace American Insurance Company with Jury Demand (Filing fee $ 402 receipt number 113A-17750518) filed by Tractor Supply Company. (Attachments: # 3 Main Document, #1 Civil Cover Sheet, #2 Proposed Summons)(George, Edward) Modified on 1/11/2021. [Transferred from Florida Middle on 8/10/2021.] (dt).
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