Mann et al v. Scottsdale Insurance Company
| Florida Middle District Court | |
| Judge: | Sheri Polster Chappell |
| Referred: | Kyle C Dudek |
| Case #: | 2:24-cv-00244 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Mar 15, 2024 |
| Last checked: Friday Mar 15, 2024 5:10 PM EDT |
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Defendant
Scottsdale Insurance Company
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Represented By
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Plaintiff
David Mann
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Plaintiff
Diane Mann
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| Docket last updated: 04/26/2024 11:59 PM EDT |
| Wednesday, April 24, 2024 | ||
| 19 | 19
order
Order to show cause
Wed 04/24 10:33 AM
ENDORSED ORDER directing Plaintiffs' counsel to show cause why he should not be sanctioned for refusing to comply with Local Rule 3.01(g) re 18 Defendant's Motion to Compel Appraisal. As the Civil Action Order states, "The purposeful evasion of a communication under [Local Rule 3.01(g)] can result in sanction." (Doc. 6 at 7.) Show Cause Response due by 5/1/2024. Signed by Magistrate Judge Kyle C. Dudek on 4/24/2024. (BLW) |
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| Tuesday, April 23, 2024 | ||
| 18 | 18
motion
Stay
Tue 04/23 4:53 PM
Renewed MOTION to Stay and Compel Appraisal by Scottsdale Insurance Company.(Stein, Nancy) Modified text on 4/24/2024 (BD) |
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Att: 1
Exhibit A-Affidavit,
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Att: 2
Exhibit A-1-Policy,
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Att: 3
Exhibit A-2-claim assignment letter,
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Att: 4
Exhibit A-3-December 12, 2022, claims decision letter with estimate,
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Att: 5
Exhibit A-4-Sworn Proof of Loss,
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Att: 6
Exhibit A-5-Alconero and Associates estimate,
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Att: 7
Exhibit A-6-Notice of Intent to Litigate,
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Att: 8
Exhibit A-7-Appraisal request,
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Att: 9
Exhibit A-8-Appraisal demand,
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Att: 10
Exhibit B-Email Correspondence,
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Att: 11
Exhibit 1-Email Correspondence,
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Att: 12
Exhibit 2-Email Correspondence,
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Att: 13
Exhibit 3-Email Correspondence,
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Att: 14
Exhibit 4-Email Correspondence,
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Att: 15
Exhibit 5-Email Correspondence,
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Att: 16
Exhibit 6-Email Correspondence,
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Att: 17
Exhibit 7-Email Correspondence,
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Att: 18
Exhibit 8-Email Correspondence,
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Att: 19
Exhibit 9-Email Correspondence,
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Att: 20
Exhibit 10-Email Correspondence,
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Att: 21
Exhibit 11-Email Correspondence,
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Att: 22
Exhibit 12-Email Correspondence,
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Att: 23
Exhibit 13-Email Correspondence,
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Att: 24
Exhibit 14-Email Correspondence
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| Wednesday, April 17, 2024 | ||
| 17 | 17
order
Order on Motion to Stay Order on Motion to Compel
Wed 04/17 11:34 AM
ENDORSED ORDER denying without prejudice 16 Defendant's Motion to Compel Appraisal and Stay for failure to comply with Local Rule 1.08 governing typography (typeface must be Book Antiqua, Calisto MT, Century Schoolbook, Georgia, or Palatino; Times New Roman is permitted if the main text is at least 14-point, with other requirements). The motion also fails to comply with the Civil Action Order, which states that for purposes of Local Rule 3.01(g), "the term 'confer' requires a substantive conversation in person, by telephone, or via videoconference. It does not envision an exchange of ultimatums by email or letter." (Doc. 6 at 6-7.) The Local Rule 3.01(g) certification states that the parties conferred via email only. Accordingly, the deadline for the filing of any renewed motion for appraisal is 4/24/24. Signed by Magistrate Judge Kyle C. Dudek on 4/17/2024. (BLW) |
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| Monday, April 15, 2024 | ||
| 16 | 16
motion
Stay
Mon 04/15 4:01 PM
MOTION to Stay and Compel Appraisal by Scottsdale Insurance Company.(Stein, Nancy) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit A-1,
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Att: 3
Exhibit A-2,
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Att: 4
Exhibit A-3,
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Att: 5
Exhibit A-4,
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Att: 6
Exhibit A-5,
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Att: 7
Exhibit A-6,
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Att: 8
Exhibit A-7,
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Att: 9
Exhibit A-8,
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Att: 10
Exhibit B
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| Friday, April 12, 2024 | ||
| 15 | 15
notice
Compliance notice
Fri 04/12 2:25 PM
NOTICE of compliance re 14 Order & Joint Certification by Scottsdale Insurance Company (Stein, Nancy) |
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| 14 | 14
order
Order
Fri 04/12 7:45 AM
ENDORSED ORDER. The 7 Hurricane Ian Scheduling Order requires a joint certification that the parties are familiar with and will abide by the court's local rules and orders entered as of the certification date. The parties failed to file a certification by the required date. They must promptly file the certification, or, by 4/18/2024, they must show cause why they should not be sanctioned for neither participating in the filing of the joint notice nor seeking any relief from the certification requirement. Signed by Magistrate Judge Kyle C. Dudek on 4/12/2024. (DM) |
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| Wednesday, April 03, 2024 | ||
| 13 | 13
misc
Corporate Disclosure Statement
Wed 04/03 4:06 PM
CORPORATE Disclosure Statement by Scottsdale Insurance Company identifying Corporate Parent Nationwide E&S Specialty for Scottsdale Insurance Company.. (Stein, Nancy) |
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| Monday, April 01, 2024 | ||
| 12 | 12
order
Order
Mon 04/01 10:56 AM
ENDORSED ORDER. Before the Court is Defendant's Supplement to its Notice of Removal. (Doc. 11 ). The Court directed Defendant to supplement to show Plaintiffs' citizenship and the amount in controversy. (Doc. 9 ). Based on the Response, the Court will take no further action on its Order. Signed by Judge Sheri Polster Chappell on 4/1/2024. (BB) |
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| Saturday, March 30, 2024 | ||
| 11 | 11
notice
Compliance notice
Sat 03/30 2:06 PM
NOTICE of compliance re9 Order to show cause by Scottsdale Insurance Company(Stein, Nancy) |
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Att: 1
Affidavit in support of Amended Petition for Removal,
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Att: 2
Exhibit A-1,
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Att: 3
Exhibit A-2,
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Att: 4
Exhibit A-3,
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Att: 5
Exhibit A-4,
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Att: 6
Exhibit A-5,
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Att: 7
Exhibit A-6,
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Att: 8
Exhibit A-7,
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Att: 9
Exhibit A-8,
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Att: 10
Exhibit A-9
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| Tuesday, March 26, 2024 | ||
| 10 | 10
answer
Answer to Complaint
Tue 03/26 4:38 PM
ANSWER and affirmative defenses to 3 Complaint with Jury Demand by Scottsdale Insurance Company.(Stein, Nancy) |
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| Monday, March 25, 2024 | ||
| 9 | 9
4
pgs
order
Order to show cause
Mon 03/25 10:13 AM
ORDERED: On or before April 1, 2024, Defendant must SUPPLEMENT its amended notice of removal consistent with this Order. Failure to do so will result in remand without further notice. Signed by Judge Sheri Polster Chappell on 3/25/2024. (AEH) |
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| Tuesday, March 19, 2024 | ||
| 8 | 8
order
Protective Order
Tue 03/19 9:02 AM
HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to the 7 Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 3/19/2024. (CGW) |
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Att: 1
Exhibit A.
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| 7 | 7
order
Case Management Scheduling Order
Tue 03/19 9:00 AM
CASE MANAGEMENT AND SCHEDULING ORDER (HURRICANE IAN): See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 3/19/2024. (CGW) |
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| 6 | 6
order
Civil Action Order
Tue 03/19 8:58 AM
CIVIL Action Order. Signed by All Divisional Judges on 3/19/2024. (CGW) |
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| Monday, March 18, 2024 | ||
| 5 | 5
notice
Notice of Removal
Mon 03/18 11:21 AM
Amended COMPLAINT and NOTICE OF REMOVAL from 20th JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA, case number 2024 CA 001665 filed in State Court on 2/27/24. filed by Scottsdale Insurance Company.(Stein, Nancy) Modified to edit text on 3/18/2024 (HAI) |
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Att: 1
State Court COMPLAINT with exhibits,
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Att: 2
State Court Docket Sheet,
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Att: 3
State Court Other Documents,
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Att: 4
Civil Cover Sheet
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| 4 | 4
notice
Notice (Other)
Mon 03/18 11:07 AM
NOTICE of Striking by Scottsdale Insurance Company re1 Notice of Removal Notice of Striking DE 1 (Stein, Nancy) Modified on 3/18/2024 (HAI) |
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| 3 | 3
cmp
Complaint
Mon 03/18 10:21 AM
COMPLAINT against Scottsdale Insurance Company with Jury Demand filed by Diane Mann, David Mann. Filed in state court on 02/27/2024.(HAI) |
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| 2 | 2
utility
Case Assigned/Reassigned
Mon 03/18 8:29 AM
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:24-cv-244-SPC-KCD. (AJS) |
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| Friday, March 15, 2024 | ||
| 1 | 1
notice
Notice of Removal
Fri 03/15 4:27 PM
COMPLAINT and NOTICE OF REMOVAL from 20th JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA, case number 2024 CA 001665 filed in State Court on 2/27/24. Filing fee $405, receipt number AFLMDC-21876866 filed by Scottsdale Insurance Company.(Stein, Nancy) |
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Att: 1
Exhibit B to Notice of Removal-Notice of Intent,
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Att: 2
Civil Cover Sheet,
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Att: 3
State Court COMPLAINT with exhibits,
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Att: 4
State Court Docket Sheet,
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Att: 5
State Court Other Documents
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