Florida Middle District Court
Judge:Julie S Sneed
Referred: Leslie Hoffman Price
Case #: 6:24-cv-02262
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Insurance Contract
Case Filed:Dec 12, 2024
Last checked: Sunday Jan 26, 2025 4:12 AM EST
Defendant
Landmark American Insurance Company
Represented By
Evelyn M. Merchant
Berk, Merchant & Sims, PLC
contact info
Melissa McMillan Sims
Berk, Merchant & Sims, PLC
contact info
Jonathan Daniel Tobin
Berk, Merchant & Sims, PLC
contact info
Plaintiff
EYM Diner of DFW, LLC
Represented By
Forrest T. Frederick
Merlin Law Group
contact info
Plaintiff
EYM Diner of Florida, LLC
Represented By
Forrest T. Frederick
Merlin Law Group
contact info


Docket last updated: 2 hours ago
Friday, April 18, 2025
25 25 notice Notice of mediation conference/hearing Fri 04/18 11:14 AM
Amended NOTICE of mediation conference/hearing to be held on June 25, 2025 at 9:00 am EST before Gregory Holder. (Frederick, Forrest) Modified text on 4/18/2025 (ABM)
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Tuesday, April 08, 2025
24 24 order Order Tue 04/08 4:00 PM
ENDORSED ORDER re 20 Notice of Mediation Conference. The parties have filed a Notice of Mediation Conference that sets forth six potential dates for the mediation. Within fourteen (14) days from the date of this Order, the parties are directed to file an updated Notice of Mediation Conference selecting a single date for mediation in compliance with the court's Order 21 . Signed by Judge Julie S. Sneed on 4/8/2025. (GNB)
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Wednesday, February 26, 2025
22 22 order Standing Order Wed 02/26 8:23 AM
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (MKH)
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Tuesday, February 25, 2025
23 23 utility Case Referred to Mediation Wed 02/26 2:26 PM
CASE REFERRED to Mediation. (LNR)
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21 21 order Case Management Scheduling Order Tue 02/25 4:09 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/21/2025. Joinder of Parties due by 2/21/2025. Discovery due by 6/1/2026 Dispositive motions due by 7/6/2026 Pretrial statement due by 10/27/2026 All other motions due by 10/29/2026 Plaintiff disclosure of expert report due by 4/6/2026 Defendant disclosure of expert report due by 5/4/2026. Final Pretrial Conference set for 11/12/2026 at 02:00 PM in Orlando Courtroom 6 C before Judge Julie S. Sneed Jury Trial set for 12/1/2026 at 09:00 AM in Orlando Courtroom 6 C before Judge Julie S. Sneed. Conduct mediation hearing by 6/15/2026. Lead counsel to coordinate dates. Signed by Judge Julie S. Sneed on 2/25/2025. (GNB)
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Wednesday, February 19, 2025
20 20 notice Notice of mediation conference/hearing Wed 02/19 2:38 PM
NOTICE of mediation conference/hearing to be held on June 25, 2025 at 9:00 am before Gregory P. Holder. (Frederick, Forrest)
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Friday, January 24, 2025
19 19 order Order Fri 01/24 9:41 AM
ENDORSED ORDER discharging 14 Order to show cause. Signed by Judge Julie S. Sneed on 1/24/2025. (GNB)
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Wednesday, January 22, 2025
18 18 misc Response to order to show cause Wed 01/22 1:05 PM
RESPONSE TO ORDER TO SHOW CAUSE re14 Order to show cause, filed by Landmark American Insurance Company. (Tobin, Jonathan)
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Tuesday, January 21, 2025
17 17 misc Case Management Report Tue 01/21 3:51 PM
CASE MANAGEMENT REPORT. (Frederick, Forrest)
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Wednesday, January 08, 2025
16 16 misc Disclosure Statement - LR 3.03 and FRCP 7.1 Wed 01/08 4:20 PM
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Landmark American Insurance Company identifying Corporate Parent RSUI Indemnity Company, Corporate Parent Berkshire Hathaway, Inc., Corporate Parent RSUI Group, Inc., Corporate Parent Alleghany Corporation, Corporate Parent Alleghany Insurance Holdings, LLC for Landmark American Insurance Company.. (Merchant, Evelyn)
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15 15 notice Notice of a Related Action Wed 01/08 4:17 PM
NOTICE of a related action per Local Rule 1.07(c) by Landmark American Insurance Company. Related case(s): Yes (Merchant, Evelyn)
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14 14 2 pgs order Order to show cause Wed 01/08 3:52 PM
ORDER TO SHOW CAUSE as to Landmark American Insurance Company. Defendant has failed to comply with the court's Order 3 . Defendant shall SHOW CAUSE and file a response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in the entry of default or other appropriate sanctions without further notice. Signed by Judge Julie S. Sneed on 1/8/2025. (GNB)
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Friday, December 20, 2024
13 13 misc Supplement Fri 12/20 3:59 PM
SUPPLEMENT re1 Notice of Removal,,,,,4 Order, by Landmark American Insurance Company.(Sims, Melissa)
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Att: 1 Exhibit 1 - Email exchange with Plaintiff's Counsel,
Att: 2 Exhibit 2 - Examination Under Oath of Alejandra Fonseca dated August 8, 2023, at pages 6, line 12 - page 8, line 8
12 12 notice Notice of a Related Action Fri 12/20 2:07 PM
NOTICE of a related action per Local Rule 1.07(c) by EYM Diner of DFW, LLC, EYM Diner of Florida, LLC. Related case(s): Yes (Frederick, Forrest)
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Thursday, December 19, 2024
11 11 answer Answer to Complaint Thu 12/19 1:07 PM
Defendant's ANSWER and affirmative defenses to Complaint with Jury Demand by Landmark American Insurance Company.(Sims, Melissa)
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Wednesday, December 18, 2024
10 10 misc Disclosure Statement - LR 3.03 and FRCP 7.1 Wed 12/18 2:02 PM
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by EYM Diner of DFW, LLC, EYM Diner of Florida, LLC identifying Corporate Parent EYM Diner of Florida, LLC for EYM Diner of DFW, LLC, EYM Diner of Florida, LLC.. (Frederick, Forrest)
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9 9 notice Notice to Counsel of Local Rule Wed 12/18 9:10 AM
NOTICE TO COUNSEL Melissa McMillan Sims 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). (AM)
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8 8 notice Notice to Counsel of Local Rule Wed 12/18 9:06 AM
NOTICE TO COUNSEL Forrest T. Frederick 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). (AM)
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Tuesday, December 17, 2024
7 7 misc Certificate of Interested Persons and Corporate Disclosure Statement Tue 12/17 3:57 PM
CERTIFICATE of interested persons and corporate disclosure statement by EYM Diner of DFW, LLC, EYM Diner of Florida, LLC identifying Corporate Parent EYM Diner of Florida, LLC for EYM Diner of DFW, LLC, EYM Diner of Florida, LLC. (Frederick, Forrest)
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6 6 notice Notice of Lead Counsel Designation Tue 12/17 1:58 PM
NOTICE of Lead Counsel Designation by Melissa McMillan Sims on behalf of Landmark American Insurance Company. Lead Counsel: Melissa M. Sims. (Sims, Melissa)
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5 5 notice Notice of Lead Counsel Designation Tue 12/17 1:29 PM
NOTICE of Lead Counsel Designation by Forrest T. Frederick on behalf of EYM Diner of DFW, LLC, EYM Diner of Florida, LLC. Lead Counsel: F. Todd Frederick. (Frederick, Forrest)
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Friday, December 13, 2024
4 4 2 pgs order Order Fri 12/13 10:44 AM
ORDER. The court must know the identities and citizenships of all Plaintiffs' members to assure itself of its diversity jurisdiction in this case. Accordingly, Defendant shall supplement its notice of removal with the necessary information and supporting documentation on or before December 20, 2024. Failure to do so may result in remand of this action to state court without further notice. See the order for details. Signed by Judge Julie S. Sneed on 12/13/2024. (AJL)
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Thursday, December 12, 2024
3 3 15 pgs order Order Thu 12/12 1:32 PM
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Julie S. Sneed on 12/12/2024. (GNB)
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2 2 utility Case Assigned/Reassigned Thu 12/12 11:56 AM
NEW CASE ASSIGNED to Judge Julie S. Sneed and Magistrate Judge Leslie Hoffman Price. New case number: 6:24-cv-2262-JSS-LHP. (AA)
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1 1 notice Notice of Removal Thu 12/12 10:37 AM
COMPLAINT and NOTICE OF REMOVAL from Volusia, case number 2024-13184-CICI filed in State Court on 09/27/2024. Filing fee $405, receipt number AFLMDC-22812249 filed by Landmark American Insurance Company.(Sims, Melissa)
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Att: 1 Civil Cover Sheet,
Att: 2 State Court Docket Sheet,
Att: 3 State Court COMPLAINT 1 - Complaint,
Att: 4 Exhibit 2 - Notice of Service of Process,
Att: 5 Exhibit 3 - a true and accurate copy of Florida's Division of Corporations Sunbiz.org's "Detail by Entity Name" for Plaintiff, as well as Franchise Tax Account documentation from the Office of the Comptroller in Texas,
Att: 6 Exhibit 4 - Eduardo Diaz's Voter Registration and Driver's License Report,
Att: 7 Exhibit 5 - Salvador Elias' Voter Registration and Driver's License Report,
Att: 8 Exhibit 6 - the Florida Office of Insurance Regulation's directory information for Defendant,
Att: 9 Exhibit 7 - Declaration of Jonathan Camarro in Support of Removal,
Att: 10 State Court Other Documents 8 - Defendant's Motion for Enlargement of Time to Respond to Plaintiffs' Complaint for Breach of Contract,
Att: 11 Exhibit 9 - Defendant's Notice to State Court of Removal