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CPI Corporation
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Order | Filed: June 07, 2024 | Entered: June 10, 2024 Progressive Express Insurance Company v. CPI Trucking & Logistics, LLC et al
Insurance | Florida Southern
Scheduling Order
SCHEDULING ORDER. Jury Trial set for 3/24/2025 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 3/18/2025 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 6/7/2024. See attached document for full details. (amb)
Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. -
Response | Filed: June 07, 2024 | Entered: June 07, 2024 Progressive Express Insurance Company v. CPI Trucking & Logistics, LLC et al
Insurance | Florida Southern
Reply to Response to Motion
REPLY to Response to Motion re 61 MOTION for Summary Judgment MOTION for Default Judgment , 69 MOTION for Extension of Time to File Response/Reply/Answer as to 63 Response in Opposition to Motion filed by Progressive Express Insurance Company. (Shettle, Jessalea)
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Order | Filed: June 07, 2024 | Entered: June 07, 2024 Progressive Express Insurance Company v. CPI Trucking & Logistics, LLC et al
Insurance | Florida Southern
Order Lifting Stay ~Util - Terminate Parties ~Util - Terminate Motions Order Referring Motion
OMNIBUS PAPERLESS ORDER. THIS MATTER is before the Court sua sponte, on the pending motions filed by Defendant Mark Thibault (DE 39 ) and Plaintiff Progressive Express Insurance Co. ("Plaintiff") (DE 50 ; DE 51 ; DE 61 ; DE 69 ), and on the Joint Motion filed by Plaintiff and Defendant CPI Trucking & Logistics, LLC ("CPI") (DE 54 ).
In the Joint Motion, Plaintiff and CPI request, in part, that the Court dismiss CPI from this case and bind CPI to the ultimate adjudication of this case in order to prevent the risk of inconsistent rulings. Defendant Thibault "does not object to the Plaintiff's taking a voluntary dismissal of Defendant CPI Trucking as proposed..." (DE 55 at 1.) Accordingly, upon review of the Joint Motion and the record, it is ORDERED AND ADJUDGED that the Joint Motion (DE 54 ) is GRANTED IN PART. CPI is dismissed from this case and shall be bound by the ultimate adjudication of this case. The Joint Motion is denied in all other respects.
As to the procedural development of this case, on April 28, 2023, CPI filed a suggestion of bankruptcy (DE 34 ) informing the Court that it had filed a petition for chapter 7 bankruptcy and that, in accordance with Section 362(a) of the Bankruptcy Code, the continuation of all judicial proceedings against CPI, including this one, were stayed. On June 14, 2023, despite the stay, Defendant Thibault filed a motion for summary judgment. (DE 39 .) On June 26, 2023, the Court issued an Order deferring consideration of Defendant Thibault's motion for summary judgment and staying the briefing schedule pending resolution of the bankruptcy stay and the completion of certain discovery referenced in Plaintiff's underlying motion. (DE 48 .) The next day, June 27, 2023, Plaintiff filed a notice indicating that the bankruptcy court had terminated the stay with respect to this case. (DE 49 .) The Parties have now had nearly a year to conduct discovery. In light of the foregoing, it is ORDERED AND ADJUDGED as follows:
1. The stay of the briefing schedule of Defendant Thibault's motion for summary judgment is terminated. The briefing schedule shall be governed by the Southern District of Florida Local Rules as of the date of this Order. See S.D. Fla. L.R. 7.1(c). Accordingly, Plaintiff's response to Defendant Thibault's motion for summary judgment is due on or before June 21, 2024.
2. The Court will separately issue a scheduling order setting forth the remaining deadlines in this case and the trial date. Plaintiff's motion to amend the proposed scheduling order (DE 51 ) and motion seeking clarification regarding case deadlines (DE 50 ) are DENIED AS MOOT.
3. Plaintiff's motion seeking an extension of time to file a reply in support of its motion for summary judgment until June 7, 2024 (DE
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