Florida Middle District Court
Judge:Thomas P Barber
Referred: Sean P Flynn
Case #: 8:22-cv-01505
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Breach of Contract
Case Filed:Jul 01, 2022
Terminated:Jan 31, 2023
Case in other court:Thirteenth Judicial Circuit, 22-CA-004178
Last checked: Wednesday Dec 28, 2022 4:03 AM EST
Defendant
Lexington Insurance Company
Represented By
Melissa M. Burghardt
Clausen Miller P.C.
contact info
KeiErica Baker
Clausen Miller P.C.
contact info
Plaintiff
Brett Pedersen
Represented By
Matthew Kenneth Mullinax
Makris & Mullinax, P.A.
contact info
Dean Makris
Makris & Mullinax, P.A.
contact info
Plaintiff
Jenna Pedersen
Represented By
Matthew Kenneth Mullinax
Makris & Mullinax, P.A.
contact info
Dean Makris
Makris & Mullinax, P.A.
contact info


Docket last updated: 73 minutes ago
Wednesday, February 22, 2023
order Order dismissing case Wed 02/22 6:34 PM
ENDORSED ORDER: Pursuant to Fed. R. Civ. P. 41(a) and the "Joint Stipulation for Dismissal with Prejudice" (Doc. 36 ), this action is dismissed with prejudice. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. Signed by Judge Thomas P. Barber on 2/22/2023. (EKB)
Related: [-]
Wednesday, February 08, 2023
36 36 misc Stipulation of Dismissal Wed 02/08 1:27 PM
STIPULATION of Dismissal with Prejudice by Lexington Insurance Company. (Burghardt, Melissa)
Related: [-]
Tuesday, January 31, 2023
order Order dismissing case Tue 01/31 4:17 PM
ENDORSED ORDER: On the basis of Defendant's "Notice of Settlement" (Doc. 34 ), this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose, or for any party to move to reopen the action, upon good cause being shown. After that 60-day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. Signed by Judge Thomas P. Barber on 1/31/2023. (SRC)
Related: [-]
Wednesday, January 25, 2023
34 34 notice Notice of settlement Wed 01/25 10:05 AM
NOTICE of settlement by Lexington Insurance Company (Baker, KeiErica)
Related: [-]
notice Notice canceling hearing Wed 01/25 9:49 AM
NOTICE canceling Case Management Conference scheduled for 1/25/2023. (SRC)
Related: [-]
Friday, October 28, 2022
notice Notice of hearing Fri 10/28 11:14 AM
NOTICE of hearing: Case Management Conference set for JANUARY 25, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC)
Related: [-]
Wednesday, October 26, 2022
31 31 minutes Preliminary pretrial conference Fri 10/28 11:10 AM
Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: CASE MANAGEMENT CONFERENCE held on 10/26/2022. Court Reporter: Rebekah Lockwood (SRC) Modified on 10/28/2022 to correct scrivener's error. (SRC)
Related: [-]
Tuesday, October 11, 2022
30 30 respm Response in Opposition to Motion Tue 10/11 6:43 PM
RESPONSE in Opposition re25 MOTION to Compel Appraisal and Incorporated Memorandum of Law filed by Lexington Insurance Company. (Burghardt, Melissa)
Related: [-]
Monday, October 03, 2022
28 28 answer Answer to Complaint Mon 10/03 1:43 PM
ANSWER and affirmative defenses to Complaint with Jury Demand by Lexington Insurance Company.(Burghardt, Melissa)
Related: [-]
order Order on Motion for Extension of Time to Answer Mon 10/03 5:44 PM
ENDORSED ORDER: "Defendant's Emergency Motion for Extension of Time to Comply with Court Order Dated September 14, 2022 [D.E. 21]) is granted. Signed by Judge Thomas P. Barber on 10/3/2022. (EKB)
Related: [-]
Wednesday, September 28, 2022
27 27 motion Extension of Time to File Answer Wed 09/28 3:15 PM
Emergency MOTION for Extension of Time to File Answer re1 Notice of Removal, by Lexington Insurance Company. (Burghardt, Melissa)
Related: [-]
Monday, September 26, 2022
26 26 notice Notice (Other) Mon 09/26 3:12 PM
NOTICE by Lexington Insurance Company re20 Notice of mediation conference/hearing (Burghardt, Melissa)
Related: [-]
25 25 motion Compel Mon 09/26 2:58 PM
MOTION to Compel Appraisal by Brett Pedersen, Jenna Pedersen. (Mullinax, Matthew)
Related: [-]
Friday, September 23, 2022
24 24 order Case Management / FLSA / ADA / Social Security / Scheduling Order Fri 09/23 11:00 AM
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 2/1/2023; Class Action Certification due by 2/1/2023; Dispositive motions due by 2/25/2023; Plaintiff disclosure of expert report due by 10/14/2022; Defendant disclosure of expert report due by 10/28/2022; Rebuttal disclosure of expert report due by 11/11/2022; Pretrial Conference set for JULY 17, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. Trial set for August 2023 term (commencing 7/31/2023) before Judge Thomas P. Barber. The parties anticipate a JURY TRIAL will take 4 days to complete. Conduct mediation hearing by 2/15/2023. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 9/23/2022. (SRC)
Related: [-]
Friday, September 16, 2022
notice Notice of hearing Fri 09/16 2:58 PM
NOTICE of hearing: Case Management Conference set for OCTOBER 26, 2022, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC)
Related: [-]
Wednesday, September 14, 2022
22 22 minutes Scheduling Conference Fri 09/16 2:57 PM
Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: INITIAL CASE MANAGEMENT CONFERENCE held on 9/14/2022. Court Reporter: Rebekah Lockwood (SRC)
Related: [-]
order Order on Motion to Dismiss Wed 09/14 4:38 PM
ENDORSED ORDER: "Defendant's Motion to Dismiss" (Doc. 16 ) is denied. Defendant is directed to file its answer to the complaint on or before September 28, 2022. Signed by Judge Thomas P. Barber on 9/14/2022. (EKB)
Related: [-]
Friday, August 26, 2022
20 20 notice Notice of mediation conference/hearing Fri 08/26 9:07 AM
NOTICE of mediation conference/hearing to be held on October 19, 2022 at 2:00 p.m. before Chris Marone. (Burghardt, Melissa)
Related: [-]
Tuesday, August 16, 2022
notice Notice of hearing Tue 08/16 4:50 PM
NOTICE of hearing: Initial Case Management Conference set for SEPTEMBER 14, 2022, at 09:30 AM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC)
Related: [-]
Thursday, August 11, 2022
18 18 misc Case Management Report Thu 08/11 3:48 PM
CASE MANAGEMENT REPORT. (Burghardt, Melissa)
Related: [-]
Friday, August 05, 2022
17 17 respoth Response Fri 08/05 4:53 PM
RESPONSE re16 MOTION to Dismiss Complaint, or in the alternative, Motion to Dismiss Count II of the Complaint filed by Brett Pedersen, Jenna Pedersen.(Mullinax, Matthew)
Related: [-]
Att: 1 Exhibit
Friday, July 15, 2022
16 16 motion Dismiss Fri 07/15 3:30 PM
MOTION to Dismiss Complaint, or in the alternative, Motion to Dismiss Count II of the Complaint by Lexington Insurance Company.(Burghardt, Melissa)
Related: [-]
Att: 1 Exhibit A thru D
15 15 notice Notice (Other) Fri 07/15 1:18 PM
NOTICE by Lexington Insurance Company re1 Notice of Removal,(Burghardt, Melissa)
Related: [-]
Att: 1 Lexington's Insurance Company's Policy
Friday, July 08, 2022
13 13 misc Certificate of Interested Persons and Corporate Disclosure Statement Fri 07/08 4:44 PM
CERTIFICATE of interested persons and corporate disclosure statement by Brett Pedersen, Jenna Pedersen identifying Corporate Parent Lexington Insurance Co., Corporate Parent Clausen Miller P.C., Other Affiliate Dean Makris, Other Affiliate Barbara M. Hernando, Other Affiliate Matthew K Mullinax, Other Affiliate Jenna Pedersen, Other Affiliate Melissa N Burgardt, Other Affiliate Keierica A Baker, Other Affiliate Makris & Mullinax, P.A., Other Affiliate Matthew Rhead, Other Affiliate Ask an Adjuster Gulf Coast LLC for Brett Pedersen, Jenna Pedersen. (Mullinax, Matthew)
Related: [-]
12 12 notice Notice of a Related Action Fri 07/08 3:56 PM
NOTICE of a related action per Local Rule 1.07(c) by Brett Pedersen, Jenna Pedersen. Related case(s): No (Mullinax, Matthew)
Related: [-]
11 11 notice Notice of appearance Fri 07/08 3:48 PM
NOTICE of Appearance by Matthew Kenneth Mullinax on behalf of Brett Pedersen, Jenna Pedersen (Mullinax, Matthew)
Related: [-]
10 10 motion Extension of Time to File Answer Fri 07/08 10:48 AM
MOTION for Extension of Time to File Answer re1 Notice of Removal, by Lexington Insurance Company. (Burghardt, Melissa)
Related: [-]
order Order on Motion for Extension of Time to Answer Fri 07/08 4:58 PM
ENDORSED ORDER: "Defendant Lexington Insurance Company's Motion for Extension of Time to Respond to Plaintiffs' Complaint" (Doc. 10 ) is granted. Defendant may file its response to the complaint on or before July 15, 2022. Signed by Judge Thomas P. Barber on 7/8/2022. (EKB)
Related: [-]
Thursday, July 07, 2022
9 9 misc Certificate of Interested Persons and Corporate Disclosure Statement Thu 07/07 3:29 PM
CERTIFICATE of interested persons and corporate disclosure statement re 6 Notice to Counsel of Local Rule,,,,,,, by Lexington Insurance Company identifying Corporate Parent American International Group, Inc., Corporate Parent AIG Property Casualty U.S., Inc., Corporate Parent AIG Property Casualty Inc. for Lexington Insurance Company. (Burghardt, Melissa)
Related: [-]
8 8 notice Notice of a Related Action Thu 07/07 3:26 PM
NOTICE of a related action per Local Rule 1.07(c) by Lexington Insurance Company. Related case(s): No (Burghardt, Melissa)
Related: [-]
Wednesday, July 06, 2022
7 7 notice Notice to Counsel of Local Rule Wed 07/06 11:23 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). (SRC)
Related: [-]
5 5 notice Notice of Lead Counsel Designation Wed 07/06 8:21 AM
NOTICE of Lead Counsel Designation by Melissa M. Burghardt on behalf of Lexington Insurance Company. Lead Counsel: Melissa M. Burghardt. (Burghardt, Melissa)
Related: [-]
notice Notice to Counsel of Local Rule Wed 07/06 11:22 AM
NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) 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. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 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). (SRC)
Related: [-]
Tuesday, July 05, 2022
notice Notice to Counsel of Local Rule Tue 07/05 12:14 PM
NOTICE to counsel 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). (LD)
Related: [-]
notice Notice to Counsel of Local Rule Tue 07/05 4:33 PM
NOTICE to counsel Matthew K. Mullinax, Dean Makris, Melissa Burghardt, KeiErica A. Baker 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). (SEG)
Related: [-]
Friday, July 01, 2022
2 2 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-1505-TPB-SPF. (SJB)
Related: [-]
1 1 7 pgs notice Notice of Removal Fri 07/01 12:12 PM
COMPLAINT and NOTICE OF REMOVAL from Thirteenth Judicial Circuit in and for Hillsborough County, case number 22-CA-004178 filed in State Court on 05/19/2022. Filing fee $402, receipt number AFLMDC-19731866 filed by Lexington Insurance Company.(Burghardt, Melissa)
Related: [-]
Att: 1 8 pgs State Court COMPLAINT Exhibit 1,
Att: 2 State Court Docket Sheet,
Att: 3 State Court Other Documents Exhibits 2 thru 8,
Att: 4 Civil Cover Sheet
utility Case Assigned/Reassigned Fri 07/01 12:35 PM
NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-1505-TPB-SPF. (SJB)
Related: [-]