Dudley et al v. American Zurich Insurance Company
| Florida Middle District Court | |
| Judge: | Sheri Polster Chappell |
| Referred: | Kyle C Dudek |
| Case #: | 2:24-cv-00574 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Jun 19, 2024 |
| Terminated: | Jul 18, 2024 |
| Case in other court: | Circuit Court of the Twentieth Judicial Circuit, 24001173CA |
| Last checked: Monday Dec 16, 2024 3:18 AM EST |
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Defendant
American Zurich Insurance Company
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Represented By
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Plaintiff
Alton Dudley
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Represented By
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Plaintiff
Edna Dudley
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Represented By
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| Docket last updated: 3 hours ago |
| Monday, March 10, 2025 | ||
| 41 | 41
4
pgs
order
Order on Motion for Attorney Fees
Mon 03/10 3:52 PM
ORDERED: Plaintiffs' Motion for Entitlement to Attorney's Fees and Costs Under Fla. Stat. § 627.428 (Doc. 39 ) is DENIED. This case is DISMISSED. The Clerk is DIRECTED to deny any pending motions as moot, terminate all deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 3/10/2025. (AEH) |
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utility
Case Stay Lifted
Tue 03/11 12:42 PM
Case Stay Lifted. (LSS) |
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| Wednesday, February 26, 2025 | ||
| 40 | 40
respm
Response in Opposition to Motion
Wed 02/26 4:29 PM
RESPONSE in Opposition re39 Amended MOTION for Entitlement to Attorney Fees and Costs filed by American Zurich Insurance Company.(Zaimaj, Henris) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 4,
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Att: 5
Exhibit Exhibit 5,
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Att: 6
Exhibit Exhibit 6,
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Att: 7
Exhibit Exhibit 7,
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Att: 8
Exhibit Exhibit 8
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| Tuesday, February 25, 2025 | ||
| 39 | 39
motion
Attorney Fees
Tue 02/25 2:20 PM
Amended MOTION for Attorney Fees Entitlement by Edna Dudley. (Robertson, James) |
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| Monday, February 24, 2025 | ||
| 38 | 38
order
Order to show cause
Mon 02/24 2:19 PM
TEXT ORDER. This matter comes before the Court on sua sponte review of the file. The Court directed Plaintiffs to file a motion for entitlement to attorney's fees by January 31, 2025. (Doc. 35). Plaintiffs did so (Doc. 36 ), but the motion was denied on February 4th for failure to comply with Local Rule 3.01(g). (Doc. 37). Almost three weeks have passed, and Plaintiffs have not refiled their motion with a compliant 3.01(g) certification. Because it does not appear Plaintiffs are diligently prosecuting this action, the Court ORDERS Plaintiffs to show cause--on or before February 28, 2025--why this case should not be dismissed for failure to prosecute. See Local Rule 3.10. Failure to comply with this Order may result in the dismissal of this action without further notice. Signed by Judge Sheri Polster Chappell on 2/24/2025. (JMM) |
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| Tuesday, February 04, 2025 | ||
| 37 | 37
order
Order on Motion for Attorney Fees
Tue 02/04 12:33 PM
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) 36 Plaintiff's Motion for Entitlement to Fees and Costs. Any renewed motion must indicate in its Rule 3.01(g) certification the manner of conferral and any agreements reached. And future filings must comply with the typography requirements of Local Rule 1.08. Signed by Magistrate Judge Kyle C. Dudek on 2/4/2025. (BLW) |
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| Thursday, January 30, 2025 | ||
| 36 | 36
motion
Attorney Fees
Thu 01/30 5:04 PM
MOTION for Attorney Fees and Costs by Edna Dudley. (Robertson, James) |
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| Friday, January 17, 2025 | ||
| 35 | 35
order
Order on Motion to Dismiss
Fri 01/17 1:20 PM
ENDORSED ORDER denying without prejudice 33 Defendant's motion to dismiss and 34 Plaintiffs' construed motion for final judgment. The parties agree the merits of this case have been resolved, but they are unable to agree as to the proper procedural mechanism for terminating this action. As such, the Court will leave this case stayed and administratively closed pending a ruling on Plaintiffs' forthcoming motion for attorney's fees. By January 31, 2025, Plaintiffs must file a motion for entitlement to attorney's fees. Signed by Judge Sheri Polster Chappell on 1/17/2025. (JMM) |
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| Thursday, January 16, 2025 | ||
| 34 | 34
respm
Response in Opposition to Motion
Thu 01/16 2:55 PM
RESPONSE in Opposition re33 MOTION to Dismiss with prejudice and Plaintiffs' Request for Entry of Final Judgment filed by Edna Dudley. (Robertson, James) |
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| Thursday, January 09, 2025 | ||
| 33 | 33
motion
Dismiss
Thu 01/09 3:54 PM
MOTION to Dismiss with prejudice by American Zurich Insurance Company. (Zaimaj, Henris) |
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| 32 | 32
order
Order
Thu 01/09 3:15 PM
ENDORSED ORDER. This matter comes before the court on sua sponte review of the file. The parties submitted this matter to appraisal, which they have completed (Doc. 23 ). At a status conference with Judge Dudek, the parties agreed the merits of this case have been resolved. By January 16, 2025, the parties must file an appropriate paper to dismiss or terminate this action. Signed by Judge Sheri Polster Chappell on 1/9/2025. (JMM) |
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| Wednesday, December 18, 2024 | ||
| 31 | 31
notice
Notice to Counsel of Local Rule
Wed 12/18 9:54 AM
SECOND NOTICE TO COUNSEL Stephanie Feldman of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (GL) |
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| 30 | 30
order
Order on Motion to Dismiss
Wed 12/18 9:13 AM
ENDORSED ORDER denying as moot 25 Defendant's Motion to Dismiss. The motion has been withdrawn (Doc. 29 ). Signed by Judge Sheri Polster Chappell on 12/18/2024. (JMM) |
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| Tuesday, December 17, 2024 | ||
| 29 | 29
misc
Notice of Withdrawal of Motion
Tue 12/17 4:37 PM
NOTICE of WITHDRAWAL of motion re25 Motion to Dismiss filed by American Zurich Insurance Company by American Zurich Insurance Company (Zaimaj, Henris) |
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| 28 | 28
order
Order
Tue 12/17 2:14 PM
ENDORSED ORDER: Defendant filed a motion to dismiss that is described as "unopposed." (Doc. 25 ). Despite this label, the motion fails to include a 3.01(g) certification. By December 19, 2024, Plaintiffs must indicate any opposition to the motion. Alternatively, the parties may file a Rule 41(a)(1)(A)(ii) stipulated dismissal. Signed by Judge Sheri Polster Chappell on 12/17/2024. (JMM) |
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| Monday, December 16, 2024 | ||
| 26 | 26
minutes
Status Conference
Mon 12/16 3:29 PM
Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: STATUS CONFERENCE held on 12/16/2024. (Digital) (CGW) |
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| 25 | 25
motion
Dismiss
Mon 12/16 2:27 PM
Unopposed MOTION to Dismiss This action with Prejudice by American Zurich Insurance Company. (Zaimaj, Henris) |
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| Tuesday, December 10, 2024 | ||
| 24 | 24
notice
Notice of Hearing
Tue 12/10 9:54 AM
NOTICE of hearing: Status Conference set for 12/16/2024 at 01:30 PM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. The parties shall use the following Zoom link: Join ZoomGov Meeting; https://www.zoomgov.com/j/1605165065?pwd=ISaaNf7ERINIqiN5Mmw5ev9XCXZL8j.1; Meeting ID: 160 516 5065; Passcode: 184498; One tap mobile: +16692545252,,1605165065#,,,,*184498# US (San Jose); +16468287666,,1605165065#,,,,*184498# US (New York); Dial by your location: * +1 669 254 5252 US (San Jose); * +1 646 828 7666 US (New York); Meeting ID: 160 516 5065; Passcode: 184498. (CGW) |
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| Monday, December 09, 2024 | ||
| 23 | 23
misc
Status report
Mon 12/09 3:42 PM
STATUS report Joint Report After the Signed Appraisal Award by American Zurich Insurance Company. (Zaimaj, Henris) |
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| Wednesday, October 16, 2024 | ||
| 22 | 22
misc
Status report
Wed 10/16 4:28 PM
STATUS report of Appraisal by American Zurich Insurance Company. (Zaimaj, Henris) |
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| Thursday, July 18, 2024 | ||
| 21 | 21
3
pgs
order
Order on Motion to Compel
Thu 07/18 4:12 PM
ORDER granting 18 Motion to Compel Appraisal and Stay Proceedings. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMINISTRATIVELY CLOSE THE CASE. The parties are DIRECTED to file a joint report on the status of appraisal on or before October 16, 2024, and every ninety days thereafter until appraisal has ended. Within 15 days of a signed appraisal award, the parties are DIRECTED to jointly notify the Court of (a) what issues, if any, remain for the Court to resolve; (b) whether the stay needs to be lifted; and (c) how this action should move forward. Signed by Magistrate Judge Kyle C. Dudek on 7/18/2024. (CGW) |
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| Wednesday, July 17, 2024 | ||
| 20 | 20
respm
Response to motion
Wed 07/17 2:29 PM
RESPONSE to Motion re18 MOTION to Compel Appraisal and Stay Proceedings filed by American Zurich Insurance Company. (Collum, William) |
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| 19 | 19
notice
Notice of a Related Action
Wed 07/17 11:20 AM
NOTICE of a related action per Local Rule 1.07(c) by American Zurich Insurance Company. Related case(s): No (Zaimaj, Henris) |
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| Thursday, July 11, 2024 | ||
| 18 | 18
motion
Compel
Thu 07/11 3:23 PM
MOTION to Compel Appraisal by All Plaintiffs. (Robertson, James) |
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| Monday, July 08, 2024 | ||
| 17 | 17
notice
Notice to Counsel of Local Rule
Mon 07/08 9:26 AM
NOTICE TO COUNSEL James S. Robertson, III of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (SET) |
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| Wednesday, July 03, 2024 | ||
| 16 | 16
misc
Certificate of compliance
Wed 07/03 3:42 PM
CERTIFICATE of compliance re9 Case Management Scheduling Order Joint Certification Regarding Local Rules and Certification of Orders by American Zurich Insurance Company. (Zaimaj, Henris) |
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| 15 | 15
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Wed 07/03 3:10 PM
CERTIFICATE of interested persons and corporate disclosure statement by Edna Dudley. (Robertson, James) |
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| Monday, July 01, 2024 | ||
| 14 | 14
notice
Notice to Counsel of Local Rule
Mon 07/01 9:47 AM
NOTICE TO COUNSEL Stephanie Feldman of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (GL) |
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| Friday, June 28, 2024 | ||
| 13 | 13
notice
Notice of Exception
Fri 06/28 4:12 PM
NOTICE of Exception by American Zurich Insurance Company. (Zaimaj, Henris) |
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| Wednesday, June 26, 2024 | ||
| 12 | 12
answer
Answer to Complaint
Wed 06/26 10:51 AM
ANSWER and affirmative defenses to 5 Complaint with Jury Demand by American Zurich Insurance Company.(Collum, William) Modified on 6/26/2024 to edit docket text (JDR) |
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Att: 1
Exhibit 1 to Answer _ Affirmative Defenses (Policy)
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| Friday, June 21, 2024 | ||
| 11 | 11
misc
Corporate Disclosure Statement
Fri 06/21 3:25 PM
CORPORATE Disclosure Statement by American Zurich Insurance Company identifying Corporate Parent Zurich Insurance Group Ltd. is the only publicly traded parent company, with a listing on the Swiss stock exchange, and a further trading of American Depository Receipts., Other Affiliate Zurich American Insurance Company, Other Affiliate Zurich Insurance Company Ltd, a Swiss corporation, Other Affiliate Zurich Holding Company of America, Inc., a Delaware corporation, Other Affiliate Steadfast Insurance Company, an Illinois corporation for American Zurich Insurance Company.. (Collum, William) |
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| 10 | 10
order
Protective Order
Fri 06/21 2:59 PM
HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to the 9 Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 6/21/2024. (CGW) |
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Att: 1
Exhibit A.
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| 9 | 9
order
Case Management Scheduling Order
Fri 06/21 2:58 PM
CASE MANAGEMENT AND SCHEDULING ORDER (HURRICANE IAN): See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 6/21/2024. (CGW) |
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| 8 | 8
order
Civil Action Order
Fri 06/21 2:55 PM
CIVIL Action Order. Signed by All Divisional Judges on 6/21/2024. (CGW) |
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| 7 | 7
notice
Notice (Other)
Fri 06/21 11:05 AM
NOTICE of Filing State Court Docket Sheet by American Zurich Insurance Company |
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Att: 1
State Court Docket (Collum, William) Modified docket text on 6/21/2024 (JOS)
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| 6 | 6
notice
Notice of Lead Counsel Designation
Fri 06/21 10:34 AM
NOTICE of Lead Counsel Designation by William B. Collum on behalf of American Zurich Insurance Company. Lead Counsel: William B. Collum. (Collum, William) |
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| 5 | 5
cmp
Complaint
Fri 06/21 9:48 AM
COMPLAINT against American Zurich Insurance Company with Jury Demand filed by Edna Dudley, Alton Dudley. Filed in State Court on May 15, 2024. (JOS) |
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| 4 | 4
notice
Notice to Counsel of Local Rule
Fri 06/21 9:46 AM
NOTICE TO COUNSEL Henris Zaimaj and William B. Collum of Local Rule 1.06(b), which requires a legible copy of each paper docketed and docket sheet in the state court. File the complete state court record using the Notice (Other) event. The state court record must be attached as separate files. Refer to the Attorney Civil Case Opening Manual (www.flmd.uscourts.gov), for details on how to attach and describe the state court record (Signed by Deputy Clerk). (JOS) |
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| 3 | 3
notice
Notice to Counsel of Local Rule
Fri 06/21 9:43 AM
NOTICE TO COUNSEL All Counsel of Record of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (JOS) |
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| Thursday, June 20, 2024 | ||
| 2 | 2
utility
Case Assigned/Reassigned
Thu 06/20 3:31 PM
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:24-cv-574-SPC-KCD. (AA) |
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| Wednesday, June 19, 2024 | ||
| 1 | 1
notice
Notice of Removal
Wed 06/19 2:56 PM
COMPLAINT and NOTICE OF REMOVAL from Twentieth Judicial Circuit, case number 24001173CA filed in State Court on 05/15/2024. Filing fee $405, receipt number AFLMDC-22212964 filed by American Zurich Insurance Company.(Collum, William) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Composite Exhibit 2,
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Att: 3
Exhibit Composite Exhibit 3,
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Att: 4
Civil Cover Sheet Civil Cover Sheet
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