Admiral's Port Condominium Association, Inc. v. Endurance American Specialty Insurance Company et al
| Florida Southern District Court | |
| Judge: | Kathleen M Williams |
| Referred: | Lisette M Reid |
| Case #: | 1:22-cv-23408 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Oct 20, 2022 |
| Last checked: Tuesday Apr 18, 2023 5:04 AM EDT |
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Defendant
Arch Specialty Insurance Company
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Represented By
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Defendant
Endurance American Specialty Insurance Company
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Represented By
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Defendant
James River Insurance Company
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Represented By
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Defendant
Rockhill Insurance Company
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Represented By
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Plaintiff
Admiral's Port Condominium Association, Inc.
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Represented By
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GPO
Mar 15 2023
REPORT AND RECOMMENDATIONS re 12 MOTION TO DISMISS 1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Endurance American Specialty Insurance Company, 18 Defendant's MOTION TO DISMISS 12 MOTION TO DISMISS 1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM FOR FAILURE TO STATE A CLAIM filed by Arch Specialty Insurance Company Recommending DENYING. Objections to R&R due by 3/29/2023 Signed by Magistrate Judge Lisette M. Reid on 3/15/2023. See attached document for full details. (cqs) |
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GPO
Apr 03 2023
ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS; Denying 12 Motion to Dismiss for Failure to State a Claim; Denying 18 Motion to Dismiss for Failure to State a Claim; Certificate of Appealability: No Ruling. Signed by Judge Kathleen M. Williams on 4/3/2023. See attached document for full details. (cds) |
| Docket last updated: 06/02/2026 11:59 PM EDT |
| Friday, February 10, 2023 | ||
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notice
Clerk's Notice - Attorney Admissions
Fri 02/10 10:17 AM
CLERK'S NOTICE - Attorney Admissions has updated the address information for attorney Christine M. Renella. (cw) |
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| Thursday, February 09, 2023 | ||
| 31 | 31
notice
Notice of Change of Address, Email or Law Firm Name
Thu 02/09 5:21 PM
NOTICE of Change of Address, Email or Law Firm Name by Christine M. Renella |
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| Friday, January 13, 2023 | ||
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order
- Order (PAPERLESS or pdf attached)
Fri 01/13 11:44 AM
PAPERLESS ORDER. THIS MATTER is before the Court on29 the Parties' Joint Response to the Court's Order to Show Cause.25 The Court's Scheduling Order in this matter states: "The Court will not enter an order scheduling mediation... Instead, the Parties' notice scheduling mediation shall bind the Parties in lieu of a Court order." Despite the Court's Order, the Parties failed to file a mediation notice and instead filed a29 -1 Proposed Order Scheduling Mediation. Upon review of the Parties' joint response, proposed order, and the record, it is ORDERED AND ADJUDGED that the Parties shall mediate with Pamela Perry, as set forth in the 29 -1 Proposed Order Scheduling Mediation. The Parties need not file anything in response to this Order. Moving forward, it is imperative that the Parties fully comply with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, the Court's Practices and Procedures, and all Court orders. Signed by Judge Kathleen M. Williams on 1/13/2023. (er01) |
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| Thursday, January 12, 2023 | ||
| 29 | 29
misc
Response to Order to Show Cause
Thu 01/12 3:19 PM
RESPONSE TO ORDER TO SHOW CAUSE re 28 Order to Show Cause,, by Arch Specialty Insurance Company.(Ramey, Christopher) |
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Att: 1
Text of Proposed Order Order Scheduling Mediation
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| Monday, January 09, 2023 | ||
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order
Order to Show Cause
Mon 01/09 10:41 AM
PAPERLESS ORDER TO SHOW CAUSE. The Court's25 Scheduling Order required that "[w]ithin thirty (30) days of the date of this Order, the Parties shall: select a mediator certified under Local Rule 16.2(b); schedule a time, date, and place for mediation; and jointly file a notice scheduling mediation." To date, the Parties have failed to comply with this requirement as they have not filed a notice scheduling mediation. Accordingly, the Parties are ORDERED TO SHOW CAUSE by January 13, 2023 at 5:00 p.m. as to why sanctions should not be imposed for their failure to comply with the Court's Order. Signed by Judge Kathleen M. Williams on 1/9/2023. (er01) |
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| Thursday, December 29, 2022 | ||
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order
Order on Motion for Extension of Time to File Response/Reply/Answer
Thu 12/29 1:50 PM
PAPERLESS ORDER granting ECF No.26 Plaintiff's Nunc Pro Tunc Motion for Extension of Time to Respond to Defendants' Motions to Dismiss. Plaintiff filed its Response to Defendant Endurance American Specialty Insurance Company's Motion to Dismiss ECF No.12 and Defendant Arch Specialty Insurance Company's Motion to Dismiss ECF No.18 (collectively "Motions to Dismiss") on November 25, 2022, two days after the Response was due. Notwithstanding, Plaintiff's Response to Defendants' Motions to Dismiss is deemed to have been timely filed and will be considered on its merits. Signed by Magistrate Judge Lisette M. Reid on 12/29/2022. (jwn) |
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| Friday, December 09, 2022 | ||
| 26 | 26
motion
Extension of Time to File Response/Reply/Answer
Fri 12/09 12:50 AM
MOTION for Extension of Time to File Response/Reply/Answer as to21 Response in Opposition to Motion,, by Admiral's Port Condominium Association, Inc..(McCaughan, William) |
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Att: 1
Text of Proposed Order
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| Monday, December 05, 2022 | ||
| 25 | 25
order
Scheduling Order
Tue 12/06 10:36 AM
SCHEDULING ORDER: Jury Trial set for 12/4/2023 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 11/28/2023 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 12/5/2022. See attached document for full details. (mab) |
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order
Order Referring Motion
Mon 12/05 4:44 PM
PAPERLESS ORDER REFERRING12 Defendant Endurance American Specialty Insurance Company's Motion to Dismiss and18 Defendant Arch Specialty Insurance Company's Motion to Dismiss. THIS MATTER is before the Court sua sponte . Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida,12 Defendant Endurance American Specialty Insurance Company's Motion to Dismiss and18 Defendant Arch Specialty Insurance Company's Motion to Dismiss are REFERRED to United States Magistrate Judge Lisette M. Reid for a report and recommendation. Signed by Judge Kathleen M. Williams on 12/5/2022. (er01) |
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| Saturday, December 03, 2022 | ||
| 23 | 23
misc
Initial Disclosure(s)
Sat 12/03 12:06 AM
Initial Disclosure(s) of Rule 26(a)(1) Initial Disclosures by Admiral's Port Condominium Association, Inc. (McCaughan, William) |
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| Friday, December 02, 2022 | ||
| 22 | 22
respm
Response/Reply (Other)
Fri 12/02 3:47 PM
REPLY to12 MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Endurance American Specialty Insurance Company. |
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| Friday, November 25, 2022 | ||
| 21 | 21
respm
Response in Opposition to Motion
Fri 11/25 7:36 PM
RESPONSE in Opposition re17 Defendant's MOTION TO DISMISS12 MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM FOR FAILURE TO STATE A CLAIM ,12 MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM ,18 Defendant's MOTION TO DISMISS12 MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM FOR FAILURE TO STATE A CLAIM filed by Admiral's Port Condominium Association, Inc.. Replies due by 12/2/2022.(McCaughan, William) |
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Att: 1
Exhibit A
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| Wednesday, November 09, 2022 | ||
| 20 | 20
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 11/09 4:14 PM
Certificate of Other Affiliates/Corporate Disclosure Statement by James River Insurance Company identifying Corporate Parent James River Group, Inc., Corporate Parent James River Group Holdings, Ltd. for James River Insurance Company (Konstam, Aaron) |
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| 19 | 19
answer
ANSWER to Complaint (Notice of Removal)
Wed 11/09 4:02 PM
ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by James River Insurance Company. (Konstam, Aaron) |
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| 18 | 18
motion
Dismiss for Failure to State a Claim
Wed 11/09 11:19 AM
Defendant's MOTION TO DISMISS12 MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM FOR FAILURE TO STATE A CLAIM by Arch Specialty Insurance Company. Responses due by 11/23/2022(Ramey, Christopher) |
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Att: 1
Exhibit A Policy
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| 17 | 17
motion
Dismiss for Failure to State a Claim
Wed 11/09 11:07 AM
Defendant's MOTION TO DISMISS12 MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM FOR FAILURE TO STATE A CLAIM by Arch Specialty Insurance Company. Responses due by 11/23/2022 (Ramey, Christopher) |
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| Tuesday, November 08, 2022 | ||
| 16 | 16
misc
Scheduling Report - Rule 26(f)/16.1
Tue 11/08 6:48 PM
Joint SCHEDULING REPORT - Rule 16.1 by Rockhill Insurance Company (Salinas, Elizabeth) |
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| Friday, November 04, 2022 | ||
| 15 | 15
notice
Notice (Other)
Fri 11/04 5:55 PM
NOTICE by Arch Specialty Insurance Company of Filing Copies of All Records and Proceedings in the Underlying State Court Case (Sblano, Justin) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit Complaint,
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Att: 3
Exhibit Summons for Defendant: Arch,
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Att: 4
Exhibit Amended Complaint,
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Att: 5
Exhibit Summons for Defendant: Endurance,
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Att: 6
Exhibit Summons for Defendant: Arch,
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Att: 7
Exhibit Summons for Defendant: James River,
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Att: 8
Exhibit Summons for Defendant: Rockhill,
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Att: 9
Exhibit Summons Insured for Defendant: Arch,
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Att: 10
Exhibit Summons Issued for Defendant: Rockhill,
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Att: 11
Exhibit Summons Issued for Defendant: Arch,
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Att: 12
Exhibit Summons Issued for James River,
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Att: 13
Exhibit Notice of Non-Service for Defendant: Arch,
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Att: 14
Exhibit Alias Summons for Defendant: Endurance,
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Att: 15
Exhibit Alias Summons for Defendant: Arch,
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Att: 16
Exhibit Alias Summons for Defendant: James River,
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Att: 17
Exhibit Alias Summons for Defendant: Rockhill,
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Att: 18
Exhibit Defendant, Endurance's Motion for Extension of Time to Respond to Plaintiff's Amended Complaint,
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Att: 19
Exhibit Alias Summons for Defendant: Rockhill,
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Att: 20
Exhibit Alias Summons for Defendant: James River,
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Att: 21
Exhibit Alias Summons for Defendant: Arch,
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Att: 22
Exhibit Alias Summons for Defendant: Endurance,
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Att: 23
Exhibit Agreed Order on Defendant, Endurance's Motion for Extension of Time to Respond to Plaintiff's Complaint,
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Att: 24
Exhibit Defendant, Endurance's Notice to Clerk of Removal of Action to Federal Court
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| 14 | 14
misc
Status Report
Fri 11/04 10:40 AM
STATUS REPORT by Rockhill Insurance Company (Salinas, Elizabeth) |
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| Thursday, November 03, 2022 | ||
| 13 | 13
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Thu 11/03 3:17 PM
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Admiral's Port Condominium Association, Inc. identifying Other Affiliate Five Star Claims Adjusting, LLC, Other Affiliate Adam Goldman for Admiral's Port Condominium Association, Inc. (McCaughan, William) |
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| Thursday, October 27, 2022 | ||
| 12 | 12
motion
Dismiss for Failure to State a Claim
Thu 10/27 4:40 PM
MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Endurance American Specialty Insurance Company. Responses due by 11/10/2022 |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 11 | 11
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Thu 10/27 3:13 PM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Arch Specialty Insurance Company identifying Corporate Parent Arch Capital Group Ltd, Other Affiliate Endurance American Specialty Insurance Company, Other Affiliate Arch Insurance Company, Other Affiliate Arch Reinsurance Company, Other Affiliate Rockhill Insurance Company, Other Affiliate James River Insurance Company, Other Affiliate Christine Webb, Other Affiliate Dennis, J. Eisinger, Other Affiliate Simona Nayda-Parkman, Other Affiliate Robin Cashvan, Other Affiliate Nina Marcovich, Other Affiliate Morris Manna, Other Affiliate Jaime Lukin, Other Affiliate Claudia Rieznik, Other Affiliate Avner Fuzaylov, Other Affiliate Five Star Five Star Claims Adjusting, Other Affiliate Adam Goldman for Arch Specialty Insurance Company (Sblano, Justin) |
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| 10 | 10
answer
ANSWER to Complaint (Notice of Removal)
Thu 10/27 11:47 AM
ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Rockhill Insurance Company. (Salinas, Elizabeth) |
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| Wednesday, October 26, 2022 | ||
| 9 | 9
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 10/26 3:10 PM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Endurance American Specialty Insurance Company identifying Corporate Parent Sompo Holdings, Inc., Other Affiliate Endurance American Insurance Company, Other Affiliate Sompo International Holdings Ltd., Other Affiliate Endurance Specialty Insurance Ltd, Other Affiliate Endurance U.S. Holdings Corp., Other Affiliate Endurance Assurance Corporation., Other Affiliate Sompo Japan Insurance Inc. for Endurance American Specialty Insurance Company |
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| 8 | 8
order
- Order (PAPERLESS or pdf attached)
Wed 10/26 10:27 AM
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE LISETTE M. REID Signed by Magistrate Judge Lisette M. Reid on 10/26/2022. See attached document for full details. (swr) |
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notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Wed 10/26 8:40 AM
Clerk's Notice to Filer re6 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered ; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Thomas J. Morgan, Jr., Esq., Wayne Taylor, Esq., Five Star Claims Adjusting, LLC., Adam Goldman, Five Star Claims Adjusting, LLC. (cds) |
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| Tuesday, October 25, 2022 | ||
| 6 | 6
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Tue 10/25 5:06 PM
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Admiral's Port Condominium Association, Inc. (McCaughan, William) |
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| 5 | 5
6
pgs
order
Order Referring Case to Magistrate Judge
Tue 10/25 11:21 AM
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES, ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 10/25/2022. See attached document for full details. (cqs) |
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| Thursday, October 20, 2022 | ||
| 4 | 4
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Thu 10/20 2:09 PM
Certificate of Other Affiliates/Corporate Disclosure Statement by Rockhill Insurance Company identifying Other Affiliate Liberty Mutual Group, Inc., Other Affiliate LMHC Massachusetts Holdings, Inc., Other Affiliate Liberty Mutual Holding Company, Inc., Other Affiliate Rockhill Holding Company, Other Affiliate State Automobile Mutual Insurance Company for Rockhill Insurance Company (Salinas, Elizabeth) |
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| 3 | 3
notice
Notice (Other)
Thu 10/20 2:00 PM
NOTICE by Rockhill Insurance Company Certification of Notice of Removal to Plaintiffs (Salinas, Elizabeth) |
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| 1 | 1
8
pgs
cmp
Notice of Removal (State Court Complaint)
Thu 10/20 9:36 AM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) Filing fee $ 402.00 receipt number AFLSDC-16037874, filed by Rockhill Insurance Company.(Salinas, Elizabeth) No Answer/Motion to Dismiss Filed. Modified Text on 10/20/2022 (swr) |
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Att: 1
8 pgs
Exhibit 1 - State Court Summons and Amended Complaint,
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Att: 2
Exhibit 2 - Proof of Loss,
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Att: 3
Exhibit 3 - State Court Filings,
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Att: 4
Docket Sheet,
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Att: 5
Civil Cover Sheet
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order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 10/20 1:21 PM
Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (swr) |
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