Cruz et al v. Underwriters at Lloyd's London
| Florida Middle District Court | |
| Judge: | Virginia M Hernandez Covington |
| Referred: | Thomas B Mccoun III |
| Case #: | 8:14-cv-01539 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1441 Notice of Removal-Insurance Contract |
| Case Filed: | Jun 25, 2014 |
| Terminated: | Sep 16, 2014 |
| Last checked: Thursday May 07, 2015 6:53 PM EDT |
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Defendant
Underwriters at Lloyd's London
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Represented By
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Mediator
Robert M. Daisley
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Represented By
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Plaintiff
Julio C. Cruz
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Represented By
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Plaintiff
Maria D. De Cruz
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Represented By
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| Docket last updated: 05/10/2024 11:59 PM EDT |
| Tuesday, September 16, 2014 | ||
| 25 | 25 ENDORSED ORDER: This case is dismissed with prejudice pursuant to the parties' Joint Stipulation for Dismissal with Prejudice.24 . Each party is to bear its own attorneys' fees and costs. The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 9/16/2014. (KNC) | |
| 24 | 24
STIPULATION of Dismissal With Prejudice by Underwriters at Lloyd's London. (McGriskin, Michael)
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| Wednesday, September 10, 2014 | ||
| 23 | 23 ENDORSED ORDER: On the basis of the Notice of Cancellation of Mediation Conference22 , this cause is hereby DISMISSED, without prejudice and subject to the right of the parties, within SIXTY (60) days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that SIXTY (60) day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any previously scheduled deadlines and administratively close the case. Signed by Judge Virginia M. Hernandez Covington on 9/10/2014. (KNC) | |
| 22 | 22
NOTICE by Julio C. Cruz, Robert M. Daisley, Maria D. De Cruz re18 Case management and scheduling order,20 Notice of mediation conference/hearing,21 Order appointing imediator Notice of Cancellation of Mediation Conference (Adams, John)
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| Wednesday, August 20, 2014 | ||
| 21 | 21
ORDER appointing Robert M. Daisley as mediator in this action. The mediation is scheduled for October 9, 2014. See Order for details. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 8/20/2014. (KNC)
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NOTICE of mediation conference/hearing to be held on October 9, 2014 at 9:30 a.m. before Robert M. Daisley, Esq.. (Adams, John)
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| Friday, August 01, 2014 | ||
| 19 | 19
ORDER: Defendant's Motion to Dismiss5 is GRANTED. Defendant has until and including August 13, 2014, to furnish Plaintiffs with the operative insurance policy. Plaintiffs have until and including September 15, 2014, to file an amended complaint. Signed by Judge Virginia M. Hernandez Covington on 8/1/2014. (KNC)
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| Wednesday, July 30, 2014 | ||
| 18 | 18
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 10/8/2015 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the November 2015 trial term before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 5/8/2015. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 7/30/2014. (LYB)
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| 17 | 17
Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: MOTION HEARING held on 7/30/2014 re14 Joint MOTION to stay all litigation in this lawsuit filed by Underwriters at Lloyd's London,5 MOTION to dismiss for failure to state a claim upon which relief can be granted and incorporated memorandum of law filed by Underwriters at Lloyd's London. Court Reporter: Scott N. Gamertsfelder (LYB)
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| 16 | 16 ENDORSED ORDER denying the parties' Agreed Motion to Stay All Litigation in This Lawsuit14 for the reasons stated at the hearing conducted on July 30, 2014. Signed by Judge Virginia M. Hernandez Covington on 7/30/2014. (KNC) | |
| Friday, July 25, 2014 | ||
| 15 | 15 ENDORSED ORDER: On July 25, 2014, the parties filed a Joint Motion to Stay All Litigation in this Lawsuit.14 . The parties should be prepared to discuss this Motion at the hearing scheduled for July 30, 2014. Signed by Judge Virginia M. Hernandez Covington on 7/25/2014. (KNC) | |
| 14 | 14
Joint MOTION to stay all litigation in this lawsuit by Underwriters at Lloyd's London. (Beilman, Vincent)
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| Thursday, July 24, 2014 | ||
| 13 | 13 NOTICE to counsel regarding 7/30/14 motion hearing. The Court will also conduct a Rule 16(b), Fed. R. Civ. P., scheduling conference. Counsel should be prepared to discuss their recommendations concerning the deadlines normally included in the Court's Case Management and Scheduling Order. Counsel should also be prepared to inform the Court of their choice of a mediator and whether they will consent to disposition of the case by the assigned Magistrate Judge. (LYB) | |
| Friday, July 11, 2014 | ||
| 12 | 12 NOTICE of hearing on motion re5 MOTION to dismiss. Motion Hearing set for 7/30/2014 at 10:30 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (LYB) | |
| Thursday, July 10, 2014 | ||
| 11 | 11
AMENDED document by Julio C. Cruz, Maria D. De Cruz. Amendment to9 Response in Opposition to Motion,10 Amended document Exhibit E to Plaintiffs' Opposition to Defendant's Motion to Dismiss . (Adams, John)
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AMENDED document by Julio C. Cruz, Maria D. De Cruz. Amendment to9 Response in Opposition to Motion Exhibit D - to Pls' Opposition to Defendant's Motion to Dismiss . (Adams, John)
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RESPONSE in Opposition re5 MOTION to dismiss for failure to state a claim upon which relief can be granted and incorporated memorandum of law filed by Julio C. Cruz, Maria D. De Cruz.(Adams, John)
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| 8 | 8
NOTICE of pendency of related cases re4 Related case order and track 2 notice per Local Rule 1.04(d) by Underwriters at Lloyd's London. Related case(s): Yes (Beilman, Vincent)
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| Monday, July 07, 2014 | ||
| 7 | 7
7
pgs
MEMORANDUM in support re 6 Order,1 Notice of Removal filed by Underwriters at Lloyd's London.(Beilman, Vincent)
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Tuesday, July 01, 2014 | ||
| 6 | 6 ENDORSED ORDER: Defendant removed this action on the basis of diversity of citizenship. Defendant indicates that "Plaintiffs were and are citizens of the State of Florida," and Defendant is not a citizen of the State of Florida. Specifically, Defendant provides that "Lloyd's Syndicate 2488 is the only syndicate to subscribe to Policy No. ASLF8001501 issued by [Defendant] to Plaintiffs. Each member of Syndicate 2488 that subscribed to the Policy is incorporated in England & Wales." However, the Complaint submits that Defendant is a corporation duly licensed to conduct business within the State of Florida. In order to sufficiently allege citizenship of a corporate defendant, the state of incorporation as well as the location of the principal place of business must be stated. See 28 U.S.C. § 1332(c)(1). In the Notice of Removal, Defendant failed to set forth its state of incorporation and location of principal place of business, and has only provided the incorporation of Syndicate 2488, which is not a listed party to this action. Therefore, the Court directs Defendant to file, on or before July 7, 2014, a supplemental memorandum of law demonstrating that proper grounds for diversity jurisdiction exists. Failure to satisfy the Court that the requirements for diversity jurisdiction exist may result in an Order remanding this case for lack of jurisdiction. Signed by Judge Virginia M. Hernandez Covington on 7/1/2014. (KNC) | |
| Monday, June 30, 2014 | ||
| 5 | 5
MOTION to dismiss for failure to state a claim upon which relief can be granted and incorporated memorandum of law by Underwriters at Lloyd's London.(McGriskin, Michael)
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Att: 1
Exhibit A
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| Thursday, June 26, 2014 | ||
| 4 | 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 7/10/2014. Signed by Judge Virginia M. Hernandez Covington on 6/26/2014. (LYB)
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| Wednesday, June 25, 2014 | ||
| 3 | 3
NOTICE of filing notice of removal by Underwriters at Lloyd's London (LD)
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| 2 | 2
COMPLAINT against Underwriters at Lloyd's London filed in State Court on 5/22/2014 by Maria D. De Cruz.(LD)
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 1 | 1
NOTICE OF REMOVAL from the Thirteenth Judicial Circuit, in and for Hillsborough County, Florida, case number 14-CA-5324 filed in State Court on 5/22/2014. Filing fee $ 400, receipt number TPA24245 filed by Underwriters at Lloyd's London.(LD. (Entered: 06/26/2014)
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Civil Cover Sheet
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