Peak Property and Casualty Insurance Corporation v. Melendez et al (8:22-cv-00080), Florida Middle District Court

Peak Property and Casualty Insurance Corporation v. Melendez et al

Florida Middle District Court
Judge:	Virginia M Hernandez Covington
Referred:	Julie S Sneed
Case #:	8:22-cv-00080
Nature of Suit	110 Contract - Insurance
Cause	28:2201 Declaratory Judgment

Case Filed:	Jan 10, 2022
Terminated:	Jul 08, 2022

Docket
Parties (3)

Last checked: Saturday Jul 09, 2022 5:39 AM EDT

Defendant Harley Busse
Defendant Michelle Melendez
Plaintiff Peak Property and Casualty Insurance Corporation	Represented By Carol M. Bishop Marks Gray, P.A contact info Kendall Shaye Mabry Marks Gray, P.A. contact info

Docket last updated: 10 hours ago

Friday, July 08, 2022
		order *Order no pdf Fri 07/08 8:12 AM ENDORSED ORDER: Pursuant to the Notice of Voluntary Dismissal filed by Plaintiff Peak Property and Casualty Insurance Corporation, this case is hereby dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1). The Clerk shall terminate any pending motions or deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 7/8/2022. (SGM) Related: [-]
Thursday, July 07, 2022
42		42 notice Notice of voluntary dismissal Thu 07/07 1:44 PM NOTICE of voluntary dismissal by Peak Property and Casualty Insurance Corporation (Bishop, Carol) Related: [-]
Tuesday, June 21, 2022
41		41 notice Notice (Other) Tue 06/21 9:45 AM NOTICE by Peak Property and Casualty Insurance Corporation of Pending Settlement and Motion to Stay Action and/or Time for Filing Motion for Final Default Judgement as To Defendant Michelle Melendez (Bishop, Carol) Related: [-]
Monday, June 13, 2022
40		40 10 pgs order Order on Motion for Service by Publication Mon 06/13 1:49 PM ORDER: The Second Motion to Extend Time for Service of Process as to Defendant Harley Busse and for Permission to Serve by Publication, filed by Plaintiff Peak Property and Casualty Insurance Corporation (Doc. # 37 ) is GRANTED. The Plaintiff has until September 8, 2022, in which to effect service of process by publication upon Defendant Harley Busse in accordance with the requirements of this Order and the applicable Florida Statutes. Plaintiff must file proof of publication in accordance with Florida law. The Court approves and hereby directs the Clerk to issue the Notice of Action forthwith. The Court directs Plaintiff to inform the Clerk once the first date of publication occurs. The Court directs the Clerk to then fill in the appropriate date on the Notice and thereafter mail a copy of the Notice of Action and the Amended Complaint (Doc. # 14) to Mr. Busse at 4304 E. Regnas Avenue, Tampa, Florida 33617, and note the date of mailing on the docket.Signed by Judge Virginia M. Hernandez Covington on 6/13/2022. (SGM) Related: [-]
Thursday, June 02, 2022
39		39 misc Affidavit Thu 06/02 3:24 PM AFFIDAVIT Non-Return of Service for Defendant, Harley Busse by Peak Property and Casualty Insurance Corporation.(Bishop, Carol) Related: [-]
		Att: 1 Affidavit Return of Non-Service of Harley Busse
38		38 notice Notice (Other) Thu 06/02 9:32 AM NOTICE by Peak Property and Casualty Insurance Corporation of Action (Bishop, Carol) Related: [-]
37		37 motion Service by Publication Thu 06/02 9:30 AM Verified MOTION for Service by Publication by Peak Property and Casualty Insurance Corporation. (Bishop, Carol) Related: [-]
36		36 misc Affidavit Thu 06/02 9:23 AM AFFIDAVIT of Kendall Mabry in Support of Request for Service by Publication by Peak Property and Casualty Insurance Corporation. (Bishop, Carol) Related: [-]
Tuesday, May 24, 2022
35		35 order Clerks Entry of Default Tue 05/24 11:36 AM Clerk's ENTRY OF DEFAULT as to Michelle Melendez (BES) Related: [-]
Monday, May 23, 2022
34		34 misc Declaration Mon 05/23 10:55 AM DECLARATION of Counsel by Peak Property and Casualty Insurance Corporation. (Bishop, Carol) Related: [-]
33		33 motion Clerks Default Mon 05/23 10:55 AM Proposed MOTION for Clerk's Default against Michelle Melendez by Peak Property and Casualty Insurance Corporation.(Bishop, Carol) Related: [-]
		Att: 1 Exhibit A - Declaration of Counsel
32		32 notice Notice (Other) Mon 05/23 10:06 AM NOTICE by Peak Property and Casualty Insurance Corporation(Bishop, Carol) Related: [-]
		Att: 1 Affidavit Affidavit in Compliance with the Servicemembers Civil Relief Act
Thursday, May 05, 2022
31		31 service Proof of service Thu 05/05 11:22 AM PROOF of service by Peak Property and Casualty Insurance Corporation(Mabry, Kendall) Related: [-]
		Att: 1 Affidavit,
		Att: 2 Affidavit
Thursday, April 21, 2022
30		30 service Summons issued Thu 04/21 3:36 PM SUMMONS issued as to Michelle Melendez. (BES) Related: [-]
29		29 service Proposed summons Thu 04/21 11:04 AM PROPOSED summons to be issued by Peak Property and Casualty Insurance Corporation. (Mabry, Kendall) Related: [-]
Friday, April 01, 2022
28		28 order Order on Motion for Extension of Time to File Fri 04/01 3:35 PM ENDORSED ORDER granting in part and denying in part Plaintiff's Motion to Extend Time for Service of Process (Doc. # 27 ). Pursuant to Federal Rule of Civil Procedure 4(m), the Court will grant Plaintiff an additional 60 days in which to effect service of process on the Defendants. Signed by Judge Virginia M. Hernandez Covington on 4/1/2022. (SGM) Related: [-]
Thursday, March 31, 2022
27		27 motion Extension of Time to File Thu 03/31 3:55 PM Verified MOTION for Extension of Time to File for Service of Process by Peak Property and Casualty Insurance Corporation.(Mabry, Kendall) Related: [-]
		Att: 1 Exhibit
26		26 service Summons returned unexecuted Thu 03/31 3:43 PM SUMMONS returned unexecuted by Peak Property and Casualty Insurance Corporation as to Harley Busse. (BES) Related: [-]
25		25 notice Notice (Other) Thu 03/31 2:25 PM NOTICE of Filing Affidavit of Non-Service for Harley Busse by Peak Property and Casualty Insurance Corporation(Mabry, Kendall) Modified on 3/31/2022 (BES) Related: [-]
		Att: 1 Affidavit
Thursday, March 10, 2022
24		24 service Summons issued Thu 03/10 10:10 AM SUMMONS issued as to Harley Busse. (BES) Related: [-]
23		23 service Summons issued Thu 03/10 10:10 AM SUMMONS issued as to Michelle Melendez. (BES) Related: [-]
Wednesday, March 09, 2022
22		22 service Proposed summons Wed 03/09 8:33 AM PROPOSED summons to be issued by Peak Property and Casualty Insurance Corporation. (Bishop, Carol) Related: [-]
21		21 service Proposed summons Wed 03/09 8:32 AM PROPOSED summons to be issued by Peak Property and Casualty Insurance Corporation. (Bishop, Carol) Related: [-]
20		20 service Summons returned unexecuted Wed 03/09 8:29 AM SUMMONS returned unexecuted by Peak Property and Casualty Insurance Corporation as to Harley Busse. (Bishop, Carol) Related: [-]
19		19 notice Notice (Other) Wed 03/09 8:28 AM NOTICE by Peak Property and Casualty Insurance Corporation of Filing Verified Non-Return of Service as to Harley Busse (Bishop, Carol) Related: [-]
18		18 service Summons returned unexecuted Wed 03/09 8:27 AM SUMMONS returned unexecuted by Peak Property and Casualty Insurance Corporation as to Michelle Melendez. (Bishop, Carol) Related: [-]
17		17 notice Notice (Other) Wed 03/09 8:25 AM NOTICE by Peak Property and Casualty Insurance Corporation of Filing Verified Non-Return of Service as to Michelle Melendez (Bishop, Carol) Related: [-]
Wednesday, March 02, 2022
16		16 misc Status report Wed 03/02 1:27 PM STATUS report on Efforts to Effect Service of Process on Defendants by Peak Property and Casualty Insurance Corporation. (Mabry, Kendall) Related: [-]
Tuesday, March 01, 2022
15		15 order Order Tue 03/01 1:10 PM ENDORSED ORDER: Plaintiff filed the instant lawsuit on January 10, 2022. (Doc. # 1). To date, Plaintiff has not filed any documents evidencing proof of service of process on either Defendant. Accordingly, Plaintiff is directed to file, by March 8, 2022, a status report explaining its efforts to effect service of process in this case. Signed by Judge Virginia M. Hernandez Covington on 3/1/2022. (SGM) Related: [-]
14		14 cmp Amended Complaint Tue 03/01 9:04 AM AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Peak Property and Casualty Insurance Corporation.(Bishop, Carol) Modified on 3/1/2022 (BES) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D
Friday, January 14, 2022
13		13 misc Amended document (NOT Motion) Fri 01/14 2:32 PM AMENDED document by Peak Property and Casualty Insurance Corporation. Amendment to1 Complaint - Amended Exhibit A . (Bishop, Carol) Related: [-]
Wednesday, January 12, 2022
12		12 notice Notice of Lead Counsel Designation Wed 01/12 8:25 AM NOTICE of Lead Counsel Designation by Carol M. Bishop on behalf of Peak Property and Casualty Insurance Corporation. Lead Counsel: Carol M. Bishop. (Bishop, Carol) Related: [-]
Tuesday, January 11, 2022
11		11 service Summons issued Tue 01/11 10:32 AM SUMMONS issued as to Harley Busse, Michelle Melendez. (BD) Related: [-]
10		10 notice Notice to Counsel of Local Rule Tue 01/11 10:16 AM NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (MEJ) Related: [-]
9		9 notice Notice to Counsel of Local Rule Tue 01/11 10:16 AM NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. (Signed by Deputy Clerk). (MEJ) Related: [-]
8		8 notice Notice to Counsel of Local Rule Tue 01/11 10:14 AM NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (MEJ) Related: [-]
7		7 notice Notice to Counsel of Local Rule Tue 01/11 10:14 AM NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD) Related: [-]
6		6 order Order Tue 01/11 10:14 AM ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 1/11/2022. (MEJ) Related: [-]
5		5 notice Notice to Counsel of Local Rule Tue 01/11 10:13 AM NOTICE 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. (Signed by Deputy Clerk). (MEJ) Related: [-]
Monday, January 10, 2022
4		4 utility Case Assigned/Reassigned Mon 01/10 3:25 PM NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:22-cv-0080-VMC-JSS. (SJB) Related: [-]
3		3 misc Corporate Disclosure Statement Mon 01/10 2:23 PM CORPORATE Disclosure Statement by Peak Property and Casualty Insurance Corporation identifying Other Affiliate Peak Property and Casualty Insurance Corporation, Other Affiliate Carol M Bishop, Other Affiliate Michelle Melendez, Other Affiliate Harley Busse, Other Affiliate Kendall S Mabry for Peak Property and Casualty Insurance Corporation.. (Bishop, Carol) Related: [-]
2		2 misc Corporate Disclosure Statement Mon 01/10 2:19 PM CORPORATE Disclosure Statement by Peak Property and Casualty Insurance Corporation identifying Corporate Parent Sentry Insurance for Peak Property and Casualty Insurance Corporation.. (Bishop, Carol) Related: [-]
1		1 cmp Complaint Mon 01/10 2:07 PM COMPLAINT against Harley Busse, Michelle Melendez with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19103692) filed by Peak Property and Casualty Insurance Corporation.(Bishop, Carol) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Exhibit Exhibit A,
		Att: 3 Exhibit Exhibit B,
		Att: 4 Exhibit Exhibit C,
		Att: 5 Exhibit Exhibit D,
		Att: 6 Proposed Summons Summons to Michelle Melendez,
		Att: 7 Proposed Summons Summons to Harley Busse

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