Florida Southern District Court
Judge:Robert N Scola, Jr
Referred: Patrick M Hunt
Case #: 0:19-cv-60912
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Notice of Removal
Case Filed:Apr 08, 2019
Terminated:Jul 03, 2019
Last checked: Thursday May 23, 2019 4:54 AM EDT
Defendant
Infinity Indemnity Insurance Company
Represented By
Victoria San Pedro Madani
Shutts & Bowen
contact info
Garrett Andrew Tozier
contact info
Rachel Marie La Montagne
Shutts & Bowen LLP
contact info
Suzanne Youmans Labrit
Shutts & Bowen LLP
contact info
Plaintiff
Plantation Open MRI LLC
Represented By
Jose Pete Font
Font & Nelson, LLC
contact info

GPO Jul 03 2019
Order Granting Defendants Motion to Dismiss. ORDER granting 10 Motion to Dismiss for Failure to State a Claim; denying as moot 5 Motion to Change Venue; denying as moot 6 Motion to Stay; denying as moot 18 Motion for Protective Order; denying as moot 20 Motion to Remand; denying as moot 21 Motion to Remand; denying as moot 23 Motion for Extension of Time to File Response/Reply/Answer. The Clerk is directed to close Case No. 19-cv-60911-RNS and 19-cv-90612-RNS. All pending motions are denied as moot. Motions Terminated: 18 Defendant's MOTION for Protective Order /To Strike Plaintiff's Notice of Taking Deposition Duces Tecum for May 3, 2019 filed by Infinity Indemnity Insurance Company, 20 Plaintiff's MOTION to Remand filed by Plantation Open MRI LLC, 5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division filed by Infinity Indemnity Insurance Company, 23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 20 Plaintiff's MOTION to Remand filed by Infinity Indemnity Insurance Company, 10 Defendant's MOTION TO DISMISS 1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Infinity Indemnity Insurance Company, 6 Defendant's MOTION to Stay re 1 Notice of Removal (State Court Complaint),, Proceedings Pending Resolution of Appeal filed by Infinity Indemnity Insurance Company, 21 MOTION to Remand re 8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912, 5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division, 6 Defendant's MOTION to Stay re 1 Notice of Remo filed by Plantation Open MRI LLC. Signed by Judge Robert N. Scola, Jr on 7/3/2019. See attached document for full details. (amb)

Docket last updated: 7 hours ago
Wednesday, August 07, 2019
34 34 order Judgment Wed 9:10 AM
JUDGMENT in favor of Infinity Indemnity Insurance Company against Plantation Open MRI LLC Signed by Judge Robert N. Scola, Jr on 8/6/2019. See attached document for full details. (ail)
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Wednesday, July 03, 2019
33 33 4 pgs order Order on Motion to Change Venue Order on Motion to Stay Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Protective Order Order on Motion to Remand Order on Motion for Extension of Time to File Response/Reply/Answer Wed 11:05 AM
Order Granting Defendants Motion to Dismiss. ORDER granting10 Motion to Dismiss for Failure to State a Claim; denying as moot5 Motion to Change Venue; denying as moot6 Motion to Stay; denying as moot18 Motion for Protective Order; denying as moot20 Motion to Remand; denying as moot21 Motion to Remand; denying as moot23 Motion for Extension of Time to File Response/Reply/Answer. The Clerk is directed to close Case No. 19-cv-60911-RNS and 19-cv-90612-RNS. All pending motions are denied as moot. Motions Terminated:18 Defendant's MOTION for Protective Order /To Strike Plaintiff's Notice of Taking Deposition Duces Tecum for May 3, 2019 filed by Infinity Indemnity Insurance Company,20 Plaintiff's MOTION to Remand filed by Plantation Open MRI LLC,5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division filed by Infinity Indemnity Insurance Company,23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to20 Plaintiff's MOTION to Remand filed by Infinity Indemnity Insurance Company,10 Defendant's MOTION TO DISMISS1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Infinity Indemnity Insurance Company,6 Defendant's MOTION to Stay re1 Notice of Removal (State Court Complaint),, Proceedings Pending Resolution of Appeal filed by Infinity Indemnity Insurance Company,21 MOTION to Remand re 8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912, 5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division, 6 Defendant's MOTION to Stay re 1 Notice of Remo filed by Plantation Open MRI LLC. Signed by Judge Robert N. Scola, Jr on 7/3/2019. See attached document for full details. (amb)
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Friday, May 31, 2019
32 32 notice Notice of Unavailability Fri 3:03 PM
NOTICE OF UNAVAILABILITY by Infinity Indemnity Insurance Company (Labrit, Suzanne)
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Wednesday, May 29, 2019
31 31 order - Order (PAPERLESS or pdf attached) Order Referring Case to Magistrate Judge Thu 9:14 AM
Order Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters To The Magistrate Judge. ORDER REFERRING CASE to Magistrate Judge Patrick M. Hunt for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 5/29/2019. See attached document for full details. (amb)
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Friday, May 24, 2019
30 30 1 pgs order Order on Motion to Consolidate Cases Tue 10:16 AM
ORDER granting (7) Motion to Consolidate Cases in case 0:19-cv-60911-RNS. Signed by Judge Robert N. Scola, Jr. on 5/24/2019. See attached document for full details. Associated Cases: 0:19-cv-60911-RNS, 0:19-cv-60912-RNS (ar2)
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29 29 2 pgs order Order Reassigning/Transferring Case Fri 11:25 AM
ORDER OF TRANSFER to Judge Robert N. Scola, Jr for all further proceedings, accepted and signed on 5/24/2019. Senior Judge William J. Zloch no longer assigned to case. Signed by Senior Judge William J. Zloch on 5/23/2019. See attached document for full details. (kpe)
Related: [-]
utility Create Case Association Tue 10:12 AM
Cases associated. (ar2)
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Wednesday, May 22, 2019
28 28 respm Response in Opposition to Motion Wed 7:40 PM
RESPONSE in Opposition re21 MOTION to Remand re 8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912, 5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division, 6 Defendant's MOTION to Stay re 1 Notice of Remo, 20 Plaintiff's MOTION to Remand filed by Infinity Indemnity Insurance Company. Replies due by 5/29/2019.(Labrit, Suzanne)
Related: [-]
Att: 1 Exhibit 1
Friday, May 17, 2019
27 27 respm Response in Support of Motion Fri 4:54 PM
RESPONSE in Support re10 Defendant's MOTION TO DISMISS1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Infinity Indemnity Insurance Company. (Labrit, Suzanne)
Related: [-]
26 26 respm Response in Support of Motion Fri 4:06 PM
RESPONSE in Support re5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division filed by Infinity Indemnity Insurance Company. (Labrit, Suzanne)
Related: [-]
25 25 respm Response in Support of Motion Fri 4:05 PM
RESPONSE in Support re6 Defendant's MOTION to Stay re1 Notice of Removal (State Court Complaint),, Proceedings Pending Resolution of Appeal filed by Infinity Indemnity Insurance Company. (Labrit, Suzanne)
Related: [-]
24 24 respm Response in Support of Motion Fri 4:04 PM
RESPONSE in Support re8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912 filed by Infinity Indemnity Insurance Company. (Labrit, Suzanne)
Related: [-]
Tuesday, May 14, 2019
23 23 motion Extension of Time to File Response/Reply/Answer Tue 3:25 PM
Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to20 Plaintiff's MOTION to Remand by Infinity Indemnity Insurance Company.(Labrit, Suzanne)
Related: [-]
Att: 1 Text of Proposed Order Granting Motion for Extension
Monday, May 13, 2019
22 22 respm Response to Motion Mon 10:23 AM
RESPONSE to Motion re10 Defendant's MOTION TO DISMISS1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Plantation Open MRI LLC. Replies due by 5/20/2019. (Font, Jose)
Related: [-]
Friday, May 10, 2019
21 21 motion Remand Fri 11:02 AM
MOTION to Remand re 8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912, 5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division, 6 Defendant's MOTION to Stay re 1 Notice of Removal (State Court Complaint), Proceedings Pending Resolution of Appeal by Plantation Open MRI LLC. (Font, Jose)
Related: [-]
Wednesday, May 08, 2019
20 20 motion Remand Wed 1:18 PM
Plaintiff's MOTION to Remand by Plantation Open MRI LLC. (Font, Jose)
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Monday, May 06, 2019
19 19 misc Scheduling Report - Rule 26(f)/16.1 Mon 4:14 PM
Defendant's SCHEDULING REPORT - Rule 16.1 by Infinity Indemnity Insurance Company (Madani, Victoria)
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Thursday, May 02, 2019
18 18 motion Protective Order Thu 10:17 AM
Defendant's MOTION for Protective Order /To Strike Plaintiff's Notice of Taking Deposition Duces Tecum for May 3, 2019 by Infinity Indemnity Insurance Company.(Labrit, Suzanne)
Related: [-]
Att: 1 Exhibit 1- Notice of Taking Deposition,
Att: 2 Text of Proposed Order 2- Proposed Order
Monday, April 29, 2019
17 17 order Order on Motion for Extension of Time to File Response/Reply/Answer Mon 11:56 AM
PAPERLESS ORDER granting11 Motion for Extension of Time to File ; granting12 Motion for Extension of Time to File ; granting13 Motion for Extension of Time to File ; granting14 Motion for Extension of Time to File. Plaintiff has until noon on Friday, May 10, 2019 to respond to Defendant's5 6 8 Motions and Plaintiff has until noon on Monday, May 13, 2019 to respond to Defendant's10 Motion To Dismiss. Signed by Senior Judge William J. Zloch on 4/29/2019. (pb01)
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16 16 order Order on Motion for Extension of Time to File Response/Reply/Answer Mon 11:46 AM
PAPERLESS ORDER denying as moot9 Motion for Extension of Time to File Response/Reply/Answer. The Motion is moot as per Defendant's10 Motion To Dismiss. Signed by Senior Judge William J. Zloch on 4/29/2019. (pb01)
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utility ~Util - Set/Reset Deadlines/Hearings Mon 12:12 PM
Reset Deadlines Per DE#17. Responses due by 5/10/2019 (cqs)
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Friday, April 26, 2019
15 15 notice Clerks Notice of Docket Correction and Instruction to Filer - Attorney Fri 7:37 AM
Clerks Notice to Filer re13 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Consolidate Actions and Incorporated Memorandum of Law re8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912 ,14 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law re10 Defendant's MOTION TO DISMISS1 Notice of Removal (State Cou,11 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Transfer Action and Incorpoarted Memorandum of Law re5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn', 12 Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Stay Proceedings Pending Resolution of Appeal re 6 Defendant's MOTION to Stay re 1 Notice of Removal (State Court Complaint),, P. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
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Thursday, April 25, 2019
14 14 motion Extension of Time Thu 9:51 PM
Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law re10 Defendant's MOTION TO DISMISS1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Plantation Open MRI LLC. Responses due by 5/9/2019 (Font, Jose)
Related: [-]
13 13 motion Extension of Time Thu 9:50 PM
Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Consolidate Actions and Incorporated Memorandum of Law re8 Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912 by Plantation Open MRI LLC. Responses due by 5/9/2019 (Font, Jose)
Related: [-]
12 12 motion Extension of Time Thu 9:48 PM
Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Stay Proceedings Pending Resolution of Appeal re6 Defendant's MOTION to Stay re1 Notice of Removal (State Court Complaint),, Proceedings Pending Resolution of Appeal by Plantation Open MRI LLC. Responses due by 5/9/2019 (Font, Jose)
Related: [-]
11 11 motion Extension of Time Thu 9:46 PM
Plaintiff's MOTION for Extension of Time to File a Response to Defendant's Motion to Transfer Action and Incorpoarted Memorandum of Law re5 Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division by Plantation Open MRI LLC. Responses due by 5/9/2019 (Font, Jose)
Related: [-]
Monday, April 15, 2019
10 10 motion Dismiss for Failure to State a Claim Mon 6:04 PM
Defendant's MOTION TO DISMISS1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Infinity Indemnity Insurance Company. Responses due by 4/29/2019 (Labrit, Suzanne)
Related: [-]
9 9 motion Extension of Time to File Response/Reply/Answer Mon 10:41 AM
First MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Infinity Indemnity Insurance Company.(Labrit, Suzanne)
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Att: 1 Exhibit
Thursday, April 11, 2019
8 8 motion Consolidate Cases Thu 4:45 PM
Defendant's MOTION to Consolidate Cases 19-cv-60911 and 19-cv-60912 by Infinity Indemnity Insurance Company. Responses due by 4/25/2019 (Labrit, Suzanne)
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7 7 misc Certificate of Other Affiliates/Corporate Disclosure Statement Thu 4:44 PM
Corporate Disclosure Statement by Infinity Indemnity Insurance Company identifying Corporate Parent Infinity Property and Casualty Corporation, Corporate Parent Kemper Corporation, Corporate Parent Infinity Insurance Company, Other Affiliate Infinity Auto Insurance Company for Infinity Indemnity Insurance Company (Labrit, Suzanne)
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6 6 motion Stay Thu 2:59 PM
Defendant's MOTION to Stay re1 Notice of Removal (State Court Complaint),, Proceedings Pending Resolution of Appeal by Infinity Indemnity Insurance Company. Responses due by 4/25/2019 (Labrit, Suzanne)
Related: [-]
5 5 motion Change Venue Thu 1:57 PM
Defendant's MOTION to Change Venue /Transfer ReFiled Action to Judge Cohn's Division by Infinity Indemnity Insurance Company. Responses due by 4/25/2019 (Labrit, Suzanne)
Related: [-]
Wednesday, April 10, 2019
4 4 order - Order (PAPERLESS or pdf attached) Wed 2:29 PM
ORDER of Instructions. Signed by Senior Judge William J. Zloch on 4/10/2019. See attached document for full details. (bc)
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Monday, April 08, 2019
3 3 notice Notice of Pending, Refiled, Related or Similar Actions Mon 2:26 PM
Notice of Pending, Refiled, Related or Similar Actions by Infinity Indemnity Insurance Company (Labrit, Suzanne)
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Att: 1 Exhibit 1- Order of Dismissal First-Filed Action
2 2 order Clerk's Notice of Judge Assignment and Optional Consent Mon 8:57 AM
Clerks Notice of Judge Assignment to Senior Judge William J. Zloch. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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)
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1 1 cmp Notice of Removal (State Court Complaint) Mon 7:45 AM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11537277, filed by Infinity Indemnity Insurance Company.(Labrit, Suzanne)
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Att: 1 Exhibit 1- State Court Pleadings,
Att: 2 Exhibit 2- Original Notice of Removal and Aff in Support,
Att: 3 Exhibit 3-11th Circuit Response,
Att: 4 Exhibit 4- Interest in POM,
Att: 5 Exhibit 5- Byers Homestead,
Att: 6 Exhibit 6- Hornsby Homestead,
Att: 7 Civil Cover Sheet 7- Civil Cover Sheet per instructions re-filed case