This case was last updated from U.S. District Courts on 10/19/2021 at 09:14:45 (UTC).

J H Brown Enterprises DBA North St. Pete Collision v. American Guarantee and Liability Insurance Company

Case Summary

On 08/20/2021 J H Brown Enterprises DBA North St Pete Collision filed a Contract - Insurance lawsuit against American Guarantee and Liability Insurance Company. This case was filed in U.S. District Courts, Florida Middle District. The Judges overseeing this case are Thomas P. Barber and Sean P. Flynn. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:21-CV-02020

  • Filing Date:

    08/20/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

Judge Details

Presiding Judge

Thomas P. Barber

Referral Judge

Sean P. Flynn

 

Party Details

Plaintiff

J H Brown Enterprises DBA North St. Pete Collision

Defendant

American Guarantee and Liability Insurance Company

Attorney/Law Firm Details

Plaintiff Attorneys

William Flournoy, III

Attorney at Bush Law Group

6622 Southpoint Drive S, Suite 190

Jacksonville, FL 32216

Steven Michael Bush

Attorney at The Bush Law Group, LLC

6622 Southpoint Dr. S., Suite 190

Jacksonville, FL 32216

Defendant Attorney

Thomas James Moody

Attorney at Clausen Miller PC

4830 W Kennedy Blvd Ste 600

Tampa, FL 33609-2584

 

Court Documents

#16

#15

#14

#13

#12

#11

#10

#9

#8

#7

#6

#3

1 #4

Civil Cover Sheet

1 #3

State Court Other Documents

1 #2

State Court Docket Sheet

1 #1

State Court COMPLAINT

#1

6 More Documents Available

 

Docket Entries

  • 10/18/2021
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  • Docket(#17) ENDORSED ORDER: "Plaintiff's Motion to Strike, or Alternatively Motion For More Definitive Statement, Defendant's Affirmative Defenses & Incorporated Memorandum of Law" (Doc. #12) is denied. See Federal Rule of Civil Procedure 1 (Federal Rules of Civil Procedure "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."); see also Yellow Pages Photos, Inc. v. Ziplocal, LP, Case No. 8:12-cv-755-T-26TBM, 2012 WL 12920185, at *1 (M.D. Fla. Sept. 17, 2012); United States v. MLU Serv., Inc., 544 F. Supp. 2d 1326, 1330 (M.D. Fla. 2008). The Court notes, however, that most of Defendant's purported affirmative defenses are not affirmative defenses, but instead simply recitations of certain provisions of the insurance contract at issue here. Furthermore, the "Reservation of Rights" appearing at the end of Defendant's "Answer and Affirmative Defenses" (Doc. #8), whereby Defendant attempts to reserve the right to amend its affirmative defenses, is both unnecessary and meaningless. Defendant may only amend its affirmative defenses if permitted by the Federal Rules of Civil Procedure. Signed by Judge Thomas P. Barber on 10/18/2021. (AIH) (Entered: 10/18/2021)

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  • 09/24/2021
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  • Docket(#16) ***STRICKEN, DISCOVERY, COUNSEL NOTIFIED*** NOTICE by J H Brown Enterprises DBA North St. Pete Collision of Plaintiff's Initial Disclosures (Flournoy, William) Modified on 9/27/2021 (LD). (LD). (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#15) NOTICE of a related action per Local Rule 1.07(c) by J H Brown Enterprises DBA North St. Pete Collision. Related case(s): No (Flournoy, William) (Entered: 09/24/2021)

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  • 09/23/2021
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  • Docket(#14) CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 11/1/2021; Discovery due by 4/6/2023; Dispositive motions due by 5/29/2023; Plaintiff disclosure of expert report due by 8/22/2022; Defendant disclosure of expert report due by 9/22/2022; Rebuttal Expert Report due by 10/24/2022; Pretrial Conference set for 11/8/2023 at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. Trial set for term commencing 12/4/2023 before Judge Thomas P. Barber. The parties anticipate a JURY TRIAL will take 5 days to complete. Conduct mediation hearing by 5/1/2023. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 9/23/2021. (SRC) (Entered: 09/23/2021)

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  • 09/20/2021
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  • Docket(#13) CASE MANAGEMENT REPORT. (Moody, Thomas) (Entered: 09/20/2021)

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  • 09/15/2021
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  • Docket(#12) First MOTION to Strike #8 Answer to Complaint by J H Brown Enterprises DBA North St. Pete Collision. (Flournoy, William) (Entered: 09/15/2021)

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  • 09/01/2021
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  • Docket(#11) NOTICE of a related action per Local Rule 1.07(c) by American Guarantee and Liability Insurance Company. Related case(s): No (Moody, Thomas) (Entered: 09/01/2021)

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  • 09/01/2021
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  • Docket(#10) NOTICE of Lead Counsel Designation by Thomas James Moody on behalf of American Guarantee and Liability Insurance Company. Lead Counsel: Thomas J. Moody. (Moody, Thomas) (Entered: 09/01/2021)

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  • 09/01/2021
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  • Docket(#9) CERTIFICATE of interested persons and corporate disclosure statement by American Guarantee and Liability Insurance Company identifying Corporate Parent Zurich American Insurance Company, Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Insurance Company, Ltd., Corporate Parent Zurich Insurance Group, Ltd. for American Guarantee and Liability Insurance Company. (Moody, Thomas) (Entered: 09/01/2021)

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  • 08/27/2021
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  • Docket(#8) Defendant's ANSWER and affirmative defenses to Complaint with Jury Demand by American Guarantee and Liability Insurance Company.(Moody, Thomas) (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#7) CERTIFICATE of interested persons and corporate disclosure statement by J H Brown Enterprises DBA North St. Pete Collision. (Flournoy, William) (Entered: 08/27/2021)

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  • 08/25/2021
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  • Docket(#6) NOTICE of Lead Counsel Designation by William Flournoy, III on behalf of J H Brown Enterprises DBA North St. Pete Collision. Lead Counsel: William L. Flournoy. (Flournoy, William) (Entered: 08/25/2021)

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  • 08/25/2021
  • Docket(#5) 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. -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) (Entered: 08/25/2021)

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  • 08/25/2021
  • Docket(#4) 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). (TDC) (Entered: 08/25/2021)

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  • 08/24/2021
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  • Docket(#3) NOTICE of Appearance & Designation of E-Mail Address Appearance by William Flournoy, III on behalf of J H Brown Enterprises DBA North St. Pete Collision. (Flournoy, William) Modified on 8/25/2021 (TDC). (Entered: 08/24/2021)

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  • 08/20/2021
  • Docket(#2) NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Sean P. Flynn. New case number: 8:21-cv-2020-TPB-SPF. (LRB) (Entered: 08/20/2021)

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  • 08/20/2021
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  • Docket(#1) COMPLAINT and NOTICE OF REMOVAL from Sixth Judicial Circuit, case number 522021CA003232XXCICI filed in State Court on 6/30/2021. Filing fee $ 402, receipt number AFLMDC-18616361 filed by American Guarantee and Liability Insurance Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Moody, Thomas) (Entered: 08/20/2021)

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