Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc. et al
| Tiara Condominium Association, Inc. |
| Marsh & McLennan Companies, Inc., Marsh, Inc. and Marsh, USA, Inc. |
| Bank of America, N.A. and SunTrust Bank |
| 9:2008cv80254 |
| March 11, 2008 |
| US District Court for the Southern District of Florida |
| West Palm Beach Office |
| Palm Beach |
| Daniel T K Hurley |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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This docket was last retrieved on February 12, 2015. A more recent docket listing may be available from PACER.
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Filing 541
STIPULATION of Dismissal by Marsh, USA, Inc. (Coutroulis, Chris)
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Attorney Marcus R. Sanborn; Don W. Blevins and Mark L. McAlpine terminated. (ls) (per DE #540)
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Filing 540
ORDER granting the Plaintiff's #538 motion to permit the withdrawal of the following attorneys: Mark L. McAlpine, Esq., Don W. Blevins, Esq., Marcus R. Sanborn, Esq., and David M. Zack, Esq. in addition to the law firm of McAlpine PC. It is further understood that Allen E. Rossin shall continue to represent the Plaintiff. Signed by Judge Daniel T. K. Hurley on 1/23/2015. (DTKH)
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Filing 539
NOTICE by Tiara Condominium Association, Inc. re #538 Unopposed MOTION to Withdraw as Attorney by McAlpine PC. (Attachments: #1 Exhibit Ex., 1, Proposed Order) (Zack, David)
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Filing 538
Unopposed MOTION to Withdraw as Attorney by McAlpine PC. by Tiara Condominium Association, Inc.. Responses due by 2/9/2015 (Zack, David)
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Filing 537
ORDER denying as moot #510 Motion for New Trial; denying as moot #512 Motion for Attorney Fees. Signed by Judge Daniel T. K. Hurley on 1/20/2015. (lr)
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Filing 536
NOTICE of Settlement by Marsh USA Inc. and by Tiara Condominium Association, Inc. (Rossin, Allen)
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Filing 535
NOTICE of Attorney Appearance by Allen E. Rossin on behalf of Tiara Condominium Association, Inc.. Attorney Allen E. Rossin added to party Tiara Condominium Association, Inc.(pty:pla). (Rossin, Allen)
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Filing 534
REPLY in Support re #510 MOTION for New Trial filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit Ex. 1, Trial Transcript October 29, 2014, #2 Exhibit Ex. 2, Trial Transcript October 28, 2014)(Zack, David) Modified title text on 1/13/2015 (asl).
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Filing 533
REPLY to Response to Motion re #502 MOTION for a determination of Marsh's non-entitlement to attorneys fees and costs pursuant to Fed. R. Civ. P. 54(d)(2)(C) and S.D. Fla. L.R. 7.3(a) CORRECTED filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit Ex. 1, Second Supplemental Response to Interrogatory No. 3, #2 Exhibit Ex. 2, Tiara's Response to Marsh's Third Set of Interrogatories)(Zack, David)
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Filing 532
REPLY to Response to Motion re #502 MOTION for a determination of Marsh's non-entitlement to attorneys fees and costs pursuant to Fed. R. Civ. P. 54(d)(2)(C) and S.D. Fla. L.R. 7.3(a) filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Ex. 1, Marsh Offer of Judgment, #3 Exhibit Ex. 2, Evanston Ins Co v Premium Assignment, #4 Exhibit Ex. 3, Castelli v Select Automotive Management LLC, #5 Exhibit Ex. 4, Offer of Judgment in Castelli, #6 Exhibit Ex. 5, Appelllant's Brief in Castelli, #7 Exhibit Ex. 6, Appellee's Brief in Castelli)(Zack, David)
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Filing 531
ENDORSED ORDER Granting #529 Plaintiff's Motion for Extension of Time to File Reply Brief in Further Support of Motion for New Trial. The time for filing reply is extended up to and including FRIDAY JANUARY 9, 2015. Signed by Judge Daniel T. K. Hurley on 1/5/2015. (tda)
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Filing 530
NOTICE by Tiara Condominium Association, Inc. re #529 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #510 MOTION for New Trial of filing of proposed order (Attachments: #1 Text of Proposed Order Proposed Order) (Zack, David)
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Filing 529
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #510 MOTION for New Trial by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 528
ORDER Staying Motion re #512 MOTION for Attorney Fees and Costs and Memorandum of Law in Support filed by Marsh, USA, Inc. Signed by Judge Daniel T. K. Hurley on 12/23/2014. (asl)
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Filing 527
ORDER denying Defendant's #518 motion to establish a coordinated schedule for resolution of the pending motion for attorney's fees and costs. Signed by Judge Daniel T. K. Hurley on 12/23/2014. (DTKH)
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Filing 526
ORDER denying Plaintiff's #516 motion to strike Defendant's motion for attorney's fees and costs. Signed by Judge Daniel T. K. Hurley on 12/23/2014. (DTKH)
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Filing 525
MEMORANDUM in Opposition re #502 MOTION for a determination of Marsh's non-entitlement to attorneys fees and costs pursuant to Fed. R. Civ. P. 54(d)(2)(C) and S.D. Fla. L.R. 7.3(a) by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 524
ORDER granting Plaintiff Tiara Condo Ass'n's #522 motion for an extension of time to file its reply brief to the motion for new trial. Plaintiff's reply brief shall be filed on or before January 5, 2015. Signed by Judge Daniel T. K. Hurley on 12/22/2014. (DTKH)
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Filing 523
NOTICE by Tiara Condominium Association, Inc. re #522 Unopposed MOTION for Extension of Time to File Reply in Support of Motion for New Trial Proposed Order (Zack, David)
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Filing 522
Unopposed MOTION for Extension of Time to File Reply in Support of Motion for New Trial by Tiara Condominium Association, Inc.. Responses due by 1/8/2015 (Zack, David)
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Filing 521
RESPONSE in Opposition re #510 MOTION for New Trial filed by Marsh, USA, Inc.. Replies due by 12/29/2014. (Attachments: #1 Exhibit 1 - Transcript of Motions Hearing dated 10-14-14, #2 Exhibit 2 - Transcript of Jury Trial Proceedings dated 10-21-14, #3 Exhibit 3 - Transcript of Jury Trial Proceedings dated 10-27-14, #4 Exhibit 4 - Transcript of Jury Trial Proceedings dated 10-28-14, #5 Exhibit 5 - Transcript of Jury Trial Proceedings dated 10-29-14)(Coutroulis, Chris)
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Filing 520
ORDER granting #502 Plaintiff's Motion for Determination of Entitlement to Attorney Fees and Costs; denying as moot #508 Motion for Extension of Time. Signed by Judge Daniel T. K. Hurley on 12/15/14. (lr)
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Filing 519
NOTICE by Marsh, USA, Inc. re #518 MOTION for Joint Schedule for Three Pending Motions Relating to Marsh's Entitlement to Attorneys' Fees and Costs (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris)
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Filing 518
MOTION for Joint Schedule for Three Pending Motions Relating to Marsh's Entitlement to Attorneys' Fees and Costs by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 517
NOTICE by Tiara Condominium Association, Inc. re #516 MOTION to Strike #512 MOTION for Attorney Fees and Costs and Memorandum of Law in Support, #515 Notice (Other),,,,,,,,,,,,,,,,, of Proposed Order (Attachments: #1 Exhibit 1, Proposed Order) (Zack, David)
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Filing 516
MOTION to Strike #512 MOTION for Attorney Fees and Costs and Memorandum of Law in Support, #515 Notice (Other),,,,,,,,,,,,,,,,, by Tiara Condominium Association, Inc.. Responses due by 12/29/2014 (Attachments: #1 Exhibit 1, Email from C. St. Jeanos 11/7/14, #2 Exhibit 2, Email from J. Fitzmaurice 12/8/14, #3 Exhibit 3, Porter v Collecto, Inc., #4 Exhibit 4, JB Hunt Transport, Inc. v S&D Transp., Inc., #5 Exhibit 5, Norych v Admiral Ins Co.)(Zack, David)
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Filing 515
NOTICE by Marsh, USA, Inc. re #514 Notice (Other), #512 MOTION for Attorney Fees and Costs and Memorandum of Law in Support, #513 Affidavit,,,,,, of Filing Corrected Verified Motion for Attorneys' Fees and Costs and Supporting Materials (Attachments: #1 Exhibit Corrected Motion, #2 Exhibit Corrected Affidavit, #3 Exhibit Exhibit 1 to Corrected Affidavit, #4 Exhibit Exhibit 2 to Corrected Affidavit, #5 Exhibit Exhibit 3 to Corrected Affidavit, #6 Exhibit Exhibit 4 to Corrected Affidavit, #7 Exhibit Exhibit 5 to Corrected Affidavit, #8 Exhibit Exhibit 6 to Corrected Affidavit, #9 Exhibit Exhibit 7 to Corrected Affidavit, #10 Exhibit Exhibit 8 to Corrected Affidavit, #11 Exhibit Exhibit 9 to Corrected Affidavit, #12 Exhibit Exhibit 10 to Corrected Affidavit, #13 Exhibit Exhibit 11 to Corrected Affidavit, #14 Exhibit Exhibit 12 to Corrected Affidavit, #15 Exhibit Exhibit 13 to Corrected Affidavit, #16 Exhibit Exhibit 14 to Corrected Affidavit, #17 Exhibit Exhibit 15 to Corrected Affidavit, #18 Exhibit Exhibit 16 to Corrected Affidavit, #19 Exhibit Exhibit 17 to Corrected Affidavit, #20 Exhibit Exhibit 18 to Corrected Affidavit, #21 Exhibit Exhibit 19 to Corrected Affidavit, #22 Exhibit Exhibit 20 to Corrected Affidavit, #23 Exhibit Exhibit 21 to Corrected Affidavit, #24 Exhibit Exhibit 22 to Corrected Affidavit, #25 Exhibit Exhibit 23 to Corrected Affidavit, #26 Exhibit Exhibit 24 to Corrected Affidavit, #27 Exhibit Exhibit 25 to Corrected Affidavit, #28 Exhibit Exhibit 26 to Corrected Affidavit, #29 Exhibit Exhibit 27 to Corrected Affidavit, #30 Exhibit Exhibit 28 to Corrected Affidavit, #31 Exhibit Exhibit 29 to Corrected Affidavit, #32 Exhibit Exhibit 30 to Corrected Affidavit, #33 Exhibit Exhibit 31 to Corrected Affidavit, #34 Exhibit Exhibit 32 to Corrected Affidavit, #35 Exhibit Exhibit 33 to Corrected Affidavit, #36 Exhibit Exhibit 34 to Corrected Affidavit, #37 Exhibit Exhibit 35 to Corrected Affidavit, #38 Exhibit Exhibit 36 to Corrected Affidavit, #39 Exhibit Exhibit 37 to Corrected Affidavit, #40 Exhibit Exhibit 38 to Corrected Affidavit, #41 Exhibit Exhibit 39 to Corrected Affidavit, #42 Exhibit Exhibit 40 to Corrected Affidavit, #43 Exhibit Exhibit 41 to Corrected Affidavit, #44 Exhibit Exhibit 42 to Corrected Affidavit, #45 Exhibit Exhibit 43 to Corrected Affidavit, #46 Exhibit Exhibit 44 to Corrected Affidavit, #47 Exhibit Exhibit 45 to Corrected Affidavit, #48 Exhibit Exhibit 46 to Corrected Affidavit, #49 Exhibit Exhibit 47 to Corrected Affidavit, #50 Exhibit Exhibit 48 to Corrected Affidavit, #51 Exhibit Exhibit 49 to Corrected Affidavit, #52 Exhibit Exhibit 50 to Corrected Affidavit, #53 Exhibit Exhibit 51 to Corrected Affidavit, #54 Exhibit Exhibit 52 to Corrected Affidavit, #55 Exhibit Exhibit 53 to Corrected Affidavit, #56 Exhibit Exhibit 54 to Corrected Affidavit, #57 Exhibit Exhibit 55 to Corrected Affidavit, #58 Exhibit Exhibit 56 to Corrected Affidavit, #59 Exhibit Exhibit 57 to Corrected Affidavit, #60 Exhibit Exhibit 58 to Corrected Affidavit, #61 Exhibit Exhibit 59 to Corrected Affidavit, #62 Exhibit Exhibit 60 to Corrected Affidavit, #63 Exhibit Exhibit 61 to Corrected Affidavit, #64 Exhibit Exhibit 62 to Corrected Affidavit, #65 Exhibit Exhibit 63 to Corrected Affidavit, #66 Exhibit Exhibit 64 to Corrected Affidavit, #67 Exhibit Exhibit 65 to Corrected Affidavit, #68 Exhibit Exhibit 66 to Corrected Affidavit, #69 Exhibit Exhibit 67 to Corrected Affidavit, #70 Exhibit Exhibit 68 to Corrected Affidavit, #71 Exhibit Exhibit 69 to Corrected Affidavit, #72 Exhibit Exhibit 70 to Corrected Affidavit, #73 Exhibit Exhibit 71 to Corrected Affidavit, #74 Exhibit Exhibit 72 to Corrected Affidavit, #75 Exhibit Exhibit 73 to Corrected Affidavit, #76 Exhibit Exhibit 74 to Corrected Affidavit, #77 Exhibit Exhibit 75 to Corrected Affidavit, #78 Exhibit Exhibit 76 to Corrected Affidavit, #79 Exhibit Exhibit 77 to Corrected Affidavit, #80 Exhibit Exhibit 78 to Corrected Affidavit, #81 Exhibit Exhibit 79 to Corrected Affidavit, #82 Exhibit Corrected Proposed Order) (Coutroulis, Chris)
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Filing 514
NOTICE by Marsh, USA, Inc. re #512 MOTION for Attorney Fees and Costs and Memorandum of Law in Support (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris)
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Filing 513
AFFIDAVIT signed by : Christopher J. St. Jeanos. re #512 MOTION for Attorney Fees and Costs and Memorandum of Law in Support by Marsh, USA, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79)(Coutroulis, Chris)
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Filing 512
MOTION for Attorney Fees and Costs and Memorandum of Law in Support by Marsh, USA, Inc.. Responses due by 12/26/2014 (Coutroulis, Chris)
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Filing 511
NOTICE by Marsh, USA, Inc. re #508 MOTION for Extension of Time to file Motion for Attorneys' Fees and Costs that its Motion for Extension of Time to File its Motion for Attorneys' Fees and Costs is Not Opposed (Coutroulis, Chris)
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Filing 510
MOTION for New Trial by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit Ex. 1, Trial Tr., Oct. 29, 2014, #2 Exhibit Ex. 2, Hrg Tr., Feb. 18, 2014, #3 Exhibit Ex. 3, Trial Tr., Oct. 20, 2014, #4 Exhibit Ex. 4, Trial Tr., Oct. 28, 2014, #5 Exhibit Ex. 5, Trial Tr., Oct. 27, 2014, #6 Exhibit Ex. 6, Letter from Neil Hewitt to Jack Quinlan dated Aug. 6, 2002, #7 Exhibit Ex. 7, Letter from Neil Hewitt to John Markov dated Aug. 1, 2003, #8 Exhibit Ex. 8, Letter from Neil Hewitt to John Markov dated July 26, 2004, #9 Exhibit Ex. 9, Stein Dep.)(Zack, David)
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Filing 509
NOTICE by Marsh, USA, Inc. re #508 MOTION for Extension of Time to file Motion for Attorneys' Fees and Costs of Filing Proposed Order (Attachments: #1 Text of Proposed Order) (Bittick, Emmett)
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Filing 508
MOTION for Extension of Time to file Motion for Attorneys' Fees and Costs by Marsh, USA, Inc.. Responses due by 12/18/2014 (Bittick, Emmett)
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Filing 507
Clerk's Notice of Undeliverable Mail re 491 Jury Trial - Held. US Mail returned for: ATTORNEY WILLIAM E. BRUECKNER . The Court has not located an updated address for this party. Notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc)
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Filing 506
NOTICE by Tiara Condominium Association, Inc. re #502 MOTION for a determination of Marsh's non-entitlement to attorneys fees and costs pursuant to Fed. R. Civ. P. 54(d)(2)(C) and S.D. Fla. L.R. 7.3(a) of Filing Proposed Order (Attachments: #1 Text of Proposed Order) (Zack, David)
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Filing 505
REPLY to Response to Motion re #502 MOTION for a determination of Marsh's non-entitlement to attorneys fees and costs pursuant to Fed. R. Civ. P. 54(d)(2)(C) and S.D. Fla. L.R. 7.3(a) filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 504
NOTICE by Marsh, USA, Inc. of Filing Proposed Order (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris)
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Filing 503
RESPONSE in Opposition re #502 MOTION for a determination of Marsh's non-entitlement to attorneys fees and costs pursuant to Fed. R. Civ. P. 54(d)(2)(C) and S.D. Fla. L.R. 7.3(a) filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 502
MOTION for a determination of Marsh's non-entitlement to attorneys fees and costs pursuant to Fed. R. Civ. P. 54(d)(2)(C) and S.D. Fla. L.R. 7.3(a) by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Ex. 1, Marsh's offer of judgment, #3 Exhibit Ex. 2, Premium Assignment, 2013 WL 3285274 (M.D. Fla. June 26, 2013), #4 Exhibit Ex. 3, Castelli v. Select Auto. Mgmt., LLC, No. 2D12911, 2013 WL 440758 (Fla. 2d DCA Feb. 6, 2013), #5 Exhibit Ex. 4, Offer of judgment in Castelli, #6 Exhibit Ex. 5, Appellant's brief in Castelli, #7 Exhibit Appellee's brief in Castelli)(Zack, David)
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Filing 501
FINAL JUDGMENT in favor of Marsh, USA, Inc. against Tiara Condominium Association, Inc. Signed by Judge Daniel T. K. Hurley on 11/6/14. (lr)
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Filing 500
MOTION for Judgment by Marsh, USA, Inc.. (Attachments: #1 Exhibit A)(Coutroulis, Chris)
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Filing 499
Court's Jury Instructions. (cbr)
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Filing 498
JURY VERDICT. (cbr)
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Filing 497
Minute Entry for Jury Trial proceedings held before Judge Daniel T. K. Hurley on 10/30/2014. The verdict was reached and the trial proceedings concluded on 10/30/2014. Court Reporter: Diane Miller, 305-523-5152 / Diane_Miller@flsd.uscourts.gov (jc1)
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Filing 496
Minute Entry for Jury Trial proceedings held before Judge Daniel T. K. Hurley on 10/29/2014, [Day 6]. The proceedings were continued to 10/30/2014. Court Reporter: Diane Miller, 305-523-5152 / Diane_Miller@flsd.uscourts.gov (jc1)
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Filing 495
Minute Entry for Jury Trial proceedings held before Judge Daniel T. K. Hurley on 10/28/2014, [Day 5]. The trial proceedings were continued to 10/29/2014. Court Reporter: Diane Miller, 305-523-5152 / Diane_Miller@flsd.uscourts.gov (jc1)
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Filing 494
NOTICE by Marsh, USA, Inc. of Filing Proposed Phase I Jury Instructions (Attachments: #1 Exhibit A, #2 Exhibit B) (Coutroulis, Chris)
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Filing 492
NOTICE by Marsh, USA, Inc. of Proffer of Expert Testimony of Scott Stein, A.R.M. (Coutroulis, Chris)
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Filing 493
Minute Entry for Jury Trial proceedings held before Judge Daniel T. K. Hurley on 10/27/2014, [Day 4]. The trial proceedings were continued to 10/28/2014. Court Reporter: Diane Miller, 305-523-5152 / Diane_Miller@flsd.uscourts.gov (jc1)
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Filing 490
RESPONSE in Opposition re #488 MOTION to extend order precluding personal-hardship evidence [Dkt. 408 8] to Neil Hewitt re #408 Order filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Coutroulis, Chris)
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Filing 489
RESPONSE in Opposition re #487 MOTION in Limine to preclude testimony from Louis Brindisi during Phase I filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 488
MOTION to extend order precluding personal-hardship evidence [Dkt. 408 8] to Neil Hewitt re #408 Order by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 487
MOTION in Limine to preclude testimony from Louis Brindisi during Phase I by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit Ex. 1, Brindisi Dep.)(Zack, David)
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Filing 486
NOTICE by Marsh, USA, Inc. of Filing Proposed Special Interrogatory to Jury and Verdict Form - Phase I (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris)
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Filing 491
Minute Entry for Jury Trial proceedings held before Judge Daniel T. K. Hurley on 10/23/2014, [Day 3]. The trial proceedings were continued to 10/27/2014. Court Reporter: Diane Miller, 305-523-5152 / Diane_Miller@flsd.uscourts.gov (jc1)
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Filing 485
Minute Entry for Jury Trial proceedings held before Judge Daniel T. K. Hurley on 10/22/2014, [Day 2]. The trial proceedings were continued to 10/23/2014. Court Reporter: Diane Miller, 305-523-5152 / Diane_Miller@flsd.uscourts.gov (jc1)
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Filing 482
NOTICE by Marsh, USA, Inc. of Filing Discovery Materials Pursuant to Local Rule 26.1(d) (Attachments: #1 Exhibit 349, #2 Exhibit 350, #3 Exhibit 351, #4 Exhibit 352, #5 Exhibit 353, #6 Exhibit 354, #7 Exhibit 355, #8 Exhibit 356, #9 Exhibit 357, #10 Exhibit 358, #11 Exhibit 359, #12 Exhibit 360) (Coutroulis, Chris)
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Filing 484
Minute Entry for Jury Trial/Voir Dire proceedings held before Judge Daniel T. K. Hurley on 10/21/2014. The jurors were selected and the trial proceeding began on 10/21/2014. The evidence presentation was continued to 10/22/2014. Court Reporter: Diane Miller, 305-523-5152 / Diane_Miller@flsd.uscourts.gov (jc1)
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Filing 483
Minute Entry for Jury Selection/Voir Dire proceedings held before Judge Daniel T. K. Hurley on 10/20/2014. The Jury Selection/Voir Dire proceedings were continued to 10/21/2014. Court Reporter: Diane Miller, 305-523-5152 / Diane_Miller@flsd.uscourts.gov (jc1)
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Filing 481
Exhibit List by Tiara Condominium Association, Inc... (Zack, David)
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Filing 480
Witness List Amended Bifurcated Witness List by Tiara Condominium Association, Inc... (Zack, David)
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Filing 479
Proposed Jury Instructions by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 478
Proposed Jury Instructions by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 477
Objections to Proposed Jury Instructions by Marsh, USA, Inc.. (Attachments: #1 Exhibit A)(Coutroulis, Chris) Text Modified on 10/21/2014 (cbr).
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Filing 476
Proposed Jury Instructions by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 475
Proposed Jury Instructions by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 474
STIPULATION and Proposed Order Regarding the Admission of Exhibits by Marsh, USA, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Coutroulis, Chris)
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Filing 473
PRETRIAL STIPULATION Amendment to Damages Component by Tiara Condominium Association, Inc. (Zack, David)
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Filing 472
Proposed Voir Dire Questions by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 471
Proposed Voir Dire Questions by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 469
ORDER SETTING TRIAL. The Jury Trial proceedings are set to commence on 10/20/2014, at 9:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley, signed by Judge Daniel T. K. Hurley on 10/15/2014. (jc1)
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Filing 468
Clerk's Notice of Undeliverable Mail re 448 Clerks Notice. US Mail returned for: ATTORNEY WILLIAM E. BRUECKNER . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc)
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Filing 470
Minute Entry for proceedings held before Judge Daniel T. K. Hurley: Motion Hearing held on 10/14/2014 re #453 MOTION in Limine - Defendant Marsh USA Inc.'s Motion to Preclude Evidence and Argument at Trial Relating to Certain Damages Claims Asserted by Tiara and Memorandum of Law filed by Marsh, USA, Inc., #451 Plaintiff's MOTION in Limine to Exclude Expert Testimony and Memorandum of Law in Support filed by Tiara Condominium Association, Inc., #450 MOTION in Limine - Marsh USA Inc.'s Daubert Motion and Motion to Preclude the Testimony of Tiara's Purported Experts Michael Hale and Jeffrey Posner and Memorandu of Law in Support Thereof filed by Marsh, USA, Inc. Oral rulings were made on the pending motions. Court Reporter: Diane Miller, 305-523-5152 / Diane_Miller@flsd.uscourts.gov (jc1)
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Filing 467
ORDER granting #464 Marsh USA's Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Daniel T. K. Hurley on 10/14/14. (lr)
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Filing 466
RESPONSE in Support re #450 MOTION in Limine - Marsh USA Inc.'s Daubert Motion and Motion to Preclude the Testimony of Tiara's Purported Experts Michael Hale and Jeffrey Posner and Memorandu of Law in Support Thereof filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 465
NOTICE by Marsh, USA, Inc. re #464 Unopposed MOTION to Bring Electronic Equipment into the courtroom of Filing Proposed Order (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris)
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Filing 464
Unopposed MOTION to Bring Electronic Equipment into the courtroom by Marsh, USA, Inc.. Responses due by 10/30/2014 (Coutroulis, Chris)
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Filing 463
RESPONSE in Support re #453 MOTION in Limine - Defendant Marsh USA Inc.'s Motion to Preclude Evidence and Argument at Trial Relating to Certain Damages Claims Asserted by Tiara and Memorandum of Law filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Coutroulis, Chris)
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Filing 462
ORDER granting #458 the parties' motion to adopt the proposed briefing schedule for evaluating the pending Daubert motions. Signed by Judge Daniel T. K. Hurley on 10/11/2014. (DTKH)
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Filing 461
RESPONSE in Opposition re #453 MOTION in Limine - Defendant Marsh USA Inc.'s Motion to Preclude Evidence and Argument at Trial Relating to Certain Damages Claims Asserted by Tiara and Memorandum of Law filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A, Fedde Deposition July 2014, #2 Exhibit B, Fedde Deposition February 2014, #3 Exhibit C, Citizens Deductible Policy, #4 Exhibit D, Tiara's Third Amended Complaint, #5 Exhibit E, Cases, #6 Exhibit F, Professional Payments by Firm, #7 Exhibit G, Supplemental Response to Interrogatory 3, #8 Exhibit H, Tiara Report of Construction Costs, #9 Exhibit I, Attorney Fee Backup, #10 Exhibit J, Norm Adams Deposition)(Zack, David)
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Filing 460
RESPONSE in Opposition re #451 Plaintiff's MOTION in Limine to Exclude Expert Testimony and Memorandum of Law in Support and Memorandum of Law filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit A)(Coutroulis, Chris)
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Filing 459
RESPONSE in Opposition re #450 MOTION in Limine - Marsh USA Inc.'s Daubert Motion and Motion to Preclude the Testimony of Tiara's Purported Experts Michael Hale and Jeffrey Posner and Memorandu of Law in Support Thereof filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A, Stein Deposition, #2 Exhibit B, 48th Street Development, LLC v Marsh Usa, Inc., #3 Exhibit C, Emerson Electric Co., v Marsh & McLennan Companies, #4 Exhibit D, Posner Deposition, #5 Exhibit E, Hale Deposition, #6 Exhibit F, Insurance Committee Report March 2002, #7 Exhibit G)(Zack, David)
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Jury Trial set for 10/20/2014 at 9:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley per DE #457 . (lr)
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Filing 458
Unopposed MOTION to Set Deadlines to File Opposition Motions to Daubert Motions/Motion in Limine by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 457
ORDER SETTING TRIAL FOR DATE CERTAIN. The pending motions in limine/Daubert motions [450, 451, 453] are tentatively scheduled for hearing at 9 a.m. on TUESDAY, OCTOBER 14, 2014. Further, Phase I of the jury trial in this matter shall commence on MONDAY, OCTOBER 20, 2014 AT 9 A.M. Signed by Judge Daniel T. K. Hurley on 10/8/2014. (tda)
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Filing 456
NOTICE by Marsh, USA, Inc. re #453 MOTION in Limine - Defendant Marsh USA Inc.'s Motion to Preclude Evidence and Argument at Trial Relating to Certain Damages Claims Asserted by Tiara and Memorandum of Law of Filing Declaration of Jocelyn M. Sher (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15) (Coutroulis, Chris)
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Filing 455
NOTICE by Marsh, USA, Inc. re #453 MOTION in Limine - Defendant Marsh USA Inc.'s Motion to Preclude Evidence and Argument at Trial Relating to Certain Damages Claims Asserted by Tiara and Memorandum of Law of Filing Proposed Order (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris)
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Filing 454
NOTICE by Marsh, USA, Inc. re #453 MOTION in Limine - Defendant Marsh USA Inc.'s Motion to Preclude Evidence and Argument at Trial Relating to Certain Damages Claims Asserted by Tiara and Memorandum of Law of Filing Affidavit of Jocelyn M. Sher (Attachments: #1 Affidavit Affidavit of Jocelyn M. Sher) (Coutroulis, Chris)
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Filing 453
MOTION in Limine - Defendant Marsh USA Inc.'s Motion to Preclude Evidence and Argument at Trial Relating to Certain Damages Claims Asserted by Tiara and Memorandum of Law by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 452
NOTICE by Marsh, USA, Inc. re #450 MOTION in Limine - Marsh USA Inc.'s Daubert Motion and Motion to Preclude the Testimony of Tiara's Purported Experts Michael Hale and Jeffrey Posner and Memorandu of Law in Support Thereof (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris)
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Filing 451
Plaintiff's MOTION in Limine to Exclude Expert Testimony and Memorandum of Law in Support by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A, Expert Report of Scott Stein, #2 Exhibit B, Deposition Transcript of Scott Stein, #3 Exhibit C, Expert Report of Stanley Lipshultz, #4 Exhibit D, Deposition Transcript of Stanley Lipshultz)(Zack, David)
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Filing 450
MOTION in Limine - Marsh USA Inc.'s Daubert Motion and Motion to Preclude the Testimony of Tiara's Purported Experts Michael Hale and Jeffrey Posner and Memorandu of Law in Support Thereof by Marsh, USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Coutroulis, Chris)
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Filing 449
PRETRIAL STIPULATION by Tiara Condominium Association, Inc. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D)(Zack, David)
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Filing 448
Clerks Notice of Docket Correction re #447 Order. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case ECF No. 542 Order - 08cv80134 DTKH. (sk)
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Filing 447
ORDER on Trial Preparation. Error in Docketing see ECF No. 542 Order in 08cv80134 DTKH (tda) Modified per Chambers on 9/18/2014 (sk).
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Filing 446
ORDER on Trial Preparation. Signed by Judge Daniel T. K. Hurley on 9/17/2014. (tda)
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Filing 445
ENDORSED ORDER granting #444 Plaintiff's Unopposed Motion for Extension of Time to File Pretrial Stipulation. The time for filing the Pretrial Stipulation is extended up to and including FRIDAY, SEPTEMBER 19,2014. Signed by Judge Daniel T. K. Hurley on 9/12/2014. (tda)
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Filing 444
Unopposed MOTION for Extension of Time to file Pretrial Stipulation re #406 Order, Set/Reset Deadlines/Hearings,, by Tiara Condominium Association, Inc.. Responses due by 9/29/2014 (Attachments: #1 Text of Proposed Order Proposed Order)(Zack, David)
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Filing 443
ORDER denying Defendant's #441 motion for a telephonic status conference. The court regrets that it is unable to meet with counsel prior to the calendar call. Signed by Judge Daniel T. K. Hurley on 9/3/2014. (DTKH)
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Filing 442
NOTICE by Marsh, USA, Inc. re #441 MOTION for a Telephonic Status Conference of Filing Proposed Order (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris)
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Filing 441
MOTION for a Telephonic Status Conference by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 440
Exhibit List by Marsh, USA, Inc... (Coutroulis, Chris)
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Filing 439
Exhibit List Amended by Tiara Condominium Association, Inc... (Zack, David)
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Filing 438
ORDER denying Defendant's #436 motion for leave to file another motion for summary judgment. Signed by Judge Daniel T. K. Hurley on 8/19/2014. (DTKH)
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Filing 437
NOTICE of Filing Proposed Order by Marsh, USA, Inc. re #436 MOTION for Leave to File Motion for Summary Judgment Based on Court-Ordered Discovey Taken Since the February 18, 2014 Hearing and Request for Shortened Briefing Schedule and Expedited Consideration and Memorandum of Law in Support (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris) Modified title text on 8/18/2014 (asl).
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Filing 436
MOTION for Leave to File Motion for Summary Judgment Based on Court-Ordered Discovey Taken Since the February 18, 2014 Hearing and Request for Shortened Briefing Schedule and Expedited Consideration and Memorandum of Law in Support by Marsh, USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Coutroulis, Chris)
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Filing 435
ORDER granting Defendant Marsh USA, Inc.'s #434 motion for leave to have Jocelyn Sher, Esq. Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Daniel T. K. Hurley on 8/12/2014. (DTKH)
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Filing 434
Defendant Marsh USA, Inc's Unopposed, Verified MOTION to Allow Pro Hac Vice Admission of Jocelyn Sher and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 3186. (pt)
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Filing 433
Witness List (Amended) by Tiara Condominium Association, Inc... (Zack, David)
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Filing 432
Witness List (Amended) by Marsh, USA, Inc... (Coutroulis, Chris)
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Filing 431
ORDER BIFURCATING PRELIMINARY FACT/LAW ISSUE AT TRIAL. Signed by Judge Daniel T. K. Hurley on 5/23/14. (lr)
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Filing 430
ORDER denying #427 Marsh's Motion to Amend Certain Pretrial Deadlines. Signed by Judge Daniel T. K. Hurley on 5/21/14. (lr)
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Filing 429
NOTICE by Marsh, USA, Inc. re #427 MOTION to Amend/Correct #406 Order, Set/Reset Deadlines/Hearings,, and Memorandum of Law in Support Thereof of Filing Proposed Order Granting Defendant Marsh USA Inc.,'s Motion to Amend Certain Pretrial Deadlines (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 428
AFFIDAVIT signed by : Christopher J. St. Jeanos. re #427 MOTION to Amend/Correct #406 Order, Set/Reset Deadlines/Hearings,, and Memorandum of Law in Support Thereof by Marsh, USA, Inc. (Attachments: #1 Exhibit A)(Coutroulis, Chris)
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Filing 427
MOTION to Amend/Correct #406 Order, Set/Reset Deadlines/Hearings,, and Memorandum of Law in Support Thereof by Marsh, USA, Inc.. Responses due by 6/2/2014 (Coutroulis, Chris)
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Filing 426
ORDER granting in part and denying in part #412 Marsh USA's Motion to Compel Compliance with February 12, 2014 Order. Signed by Judge Daniel T. K. Hurley on 4/17/14. (lr)
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Filing 425
MEMORANDUM in Support re #412 MOTION to Compel Compliance with the Court's February 12, 2014 Order and Memorandum of Law , RESPONSE/REPLY by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 424
NOTICE by Marsh, USA, Inc. re #413 Notice (Other),, of Filing Corrected Exhibit 2 (Attachments: #1 Exhibit 2 - Corrected)(Coutroulis, Chris)
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Filing 423
RESPONSE in Opposition re #412 MOTION to Compel Compliance with the Court's February 12, 2014 Order and Memorandum of Law filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 422
ENDORSED ORDER granting #420 Defendant's Unopposed Motion for Extension of Time to Submit Rebuttal Expert Witness Reports. The defendant's deadline for disclosure of rebuttal expert witness reports is extended up to and including MAY 30, 2014. Signed by Judge Daniel T. K. Hurley on 4/4/2014. (tda)
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Filing 421
NOTICE by Marsh, USA, Inc. re #420 Unopposed MOTION for Extension of Time of the Deadline for Disclosure of Rebuttal Expert Reports of Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 420
Unopposed MOTION for Extension of Time of the Deadline for Disclosure of Rebuttal Expert Reports by Marsh, USA, Inc.. Responses due by 4/21/2014 (Coutroulis, Chris)
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Filing 419
ORDER granting #411 Plaintiff's Motion for Extension of Time to Extend Expert Witness Disclosure Deadlines. Plaintiff's Expert Witness Disclosures and Reports due by 5/2/2014; Defendants' Rebuttal Expert Witness Disclosures and Reports due by 5/19/14. Signed by Judge Daniel T. K. Hurley on 4/3/2014. (lr) (Main Document 419 replaced on 4/3/2014 to reflect correct signature date) (lr). Modified on 4/3/2014 (lr).
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Filing 418
NOTICE by Tiara Condominium Association, Inc. re #417 Reply to Response to Motion, #411 MOTION for Extension of Time of the Expert Disclosure Deadlines of Filing Proposed Order Granting Plaintiff Tiara Condominium Association, Inc.'s Motion to Extend the Expert Disclosure Deadlines (Attachments: #1 Text of Proposed Order Proposed Order)(Zack, David)
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Filing 417
REPLY to Response to Motion re #411 MOTION for Extension of Time of the Expert Disclosure Deadlines filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 416
RESPONSE in Opposition re #411 MOTION for Extension of Time of the Expert Disclosure Deadlines and Request for Clarification of Schedule filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 415
NOTICE by Marsh, USA, Inc. of Filing Transcript of the Deposition of Willilam Hager, dated December 11, 2013 (Attachments: #1 Deposition William Hager, December 11, 2013)(Coutroulis, Chris)
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Filing 414
NOTICE by Marsh, USA, Inc. re #412 MOTION to Compel Compliance with the Court's February 12, 2014 Order and Memorandum of Law of Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 413
NOTICE by Marsh, USA, Inc. re #412 MOTION to Compel Compliance with the Court's February 12, 2014 Order and Memorandum of Law of Filing Affidavit of Christopher J. St. Jeanos in Support of Defendant Marsh USA Inc.'s Motion to Compel Compliance with the Court's February 12, 2014 Order (Attachments: #1 Affidavit Christopher J. St. Jeanos, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Coutroulis, Chris)
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Filing 412
MOTION to Compel Compliance with the Court's February 12, 2014 Order and Memorandum of Law by Marsh, USA, Inc.. Responses due by 4/14/2014 (Coutroulis, Chris)
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Filing 411
MOTION for Extension of Time of the Expert Disclosure Deadlines by Tiara Condominium Association, Inc.. Responses due by 4/14/2014 (Zack, David)
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Filing 410
ORDER DENYING #378 Plaintiff's Motion for Protective Order. Signed by Judge Daniel T. K. Hurley on 2/19/14. (lr)
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Filing 409
Order Vacating #407 Order granting plaintiff's motion for protective order. Signed by Judge Daniel T. K. Hurley on 2/19/2014. (lr)
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Filing 408
Omnibus ORDER on Pretrial Motions. Signed by Judge Daniel T. K. Hurley on 2/18/14. (lr)
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Filing 407
VACATED PER DE #409 [ORDER granting #378 MOTION for Protective Order filed by Tiara Condominium Association, Inc. Signed by Judge Daniel T. K. Hurley on 2/18/2014. (lr) Modified on 2/19/2014 (lr).
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Filing 406
ORDER Re-Setting Trial, ( Pretrial Stipulation due by 9/12/2014., Calendar Call set for 10/2/2014 08:30 AM in West Palm Beach Division before Judge Daniel T. K. Hurley., Jury Trial set for 10/6/2014 before Judge Daniel T. K. Hurley. ) Signed by Judge Daniel T. K. Hurley on 2/18/2014. (cbr)
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Filing 405
ORDER granting #295 MOTION for Attorney Fees Restitution, granting #392 Notice of Reinstated Motion for Restitution filed by Tiara Condominium Association, Inc. Signed by Judge Daniel T. K. Hurley on 2/18/14. (lr) Modified Text/Action Type on 2/19/2014 (ls).
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Filing 404
Minute Entry for Motion Hearing proceedings held before Judge Daniel T. K. Hurley on 2/18/2014 re #343 MOTION in Limine Number 5 to Preclude Evidence of Assessments Paid by Individual Owners of the Tiara Condominium and Memorandum of Law filed by Marsh, USA, Inc., #330 MOTION in Limine to Exclude Testimony that "Everyone" Was Underinsured filed by Tiara Condominium Association, Inc., #388 MOTION to Compel Plaintiff to Provide Discovery Necessary to Clarify Its Damages Claim, and Memo of Law in Support Thereof filed by Marsh, USA, Inc., #344 MOTION in Limine Number 6 Seeking to Exclude any Evidence, Argument or Mention by Plaintiff Tiara Condominium Association, Inc. that the Insurance Secured by Marsh Provided Tiara with Coverage for Damage in Amount Less than Two Full Limits Under th filed by Marsh, USA, Inc., #333 MOTION to Continue Trial filed by Marsh, USA, Inc., #362 UNSTIPULATED MOTION for Substitution of Counsel filed by SunTrust Bank, #342 MOTION in Limine Daubert Motion and Motion in Limine Number 4 to Preclude the Testimony of Tiara's Purported Expert Carl Fedde and Memorandum of Law filed by Marsh, USA, Inc., #340 MOTION in Limine Number 2 to Preclude Tiara from Proffering Evidence or Argument Relating to a Hurricane Demand Premium or Demolition Costs and Memorandum of Law filed by Marsh, USA, Inc., #378 MOTION for Protective Order filed by Tiara Condominium Association, Inc., #336 MOTION in Limine Number 1 to Preclude Tiara from Proffering any Evidence or Argument, or Mentioning, any Damages Theories not set Forth in Its December 6, 2013 Supplemental Response to Interrogatroy No. 3 and Memorandum of Law filed by Marsh, USA, Inc., #355 MOTION for Reconsideration re #320 Order on Motion for Summary Judgment filed by Marsh, USA, Inc., #326 UNSTIPULATED Motion for Substitution of Counsel filed by SunTrust Bank, #341 MOTION in Limine Number 3 to Preclude the Testimony of Tiara's Purported Expert William Hager and Memorandum of Law filed by Marsh, USA, Inc., #399 MOTION to Preclude Testimony from Jonathon Held filed by Tiara Condominium Association, Inc., #332 MOTION in Limine to Preclude Testimony from Kevin Rogan filed by Tiara Condominium Association, Inc., and #331 MOTION in Limine to Preclude Evidence of Litigation Conduct filed by Tiara Condominium Association, Inc. Court Reporter: Pauline Stipes, 954-769-5496 / Pauline_Stipes@flsd.uscourts.gov (jc1)
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Filing 403
NOTICE by Marsh, USA, Inc. re #402 Response in Opposition to Motion of Filing Affidavit of James Fitzmaurice (Attachments: #1 Affidavit of James Fitzmaurice, #2 Exhibit 1 to Affidavit of James Fitzmaurice, #3 Exhibit 2 to Affidavit of James Fitzmaurice, #4 Exhibit 3 to Affidavit of James Fitzmaurice)(Coutroulis, Chris)
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Filing 402
RESPONSE in Opposition re #399 MOTION to Preclude Testimony from Jonathon Held filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 401
NOTICE by Marsh, USA, Inc. re #400 Response in Opposition to Motion (Attachments: #1 Affidavit of James Fitzmaurice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Coutroulis, Chris)
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Filing 400
RESPONSE in Opposition re #399 MOTION to Preclude Testimony from Jonathon Held Plaintiff's Notice of Reinstatement of its Motion for Restitution filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 399
MOTION to Preclude Testimony from Jonathon Held by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit 1, Tiara's First Set of Discovery Requests to March, #2 Exhibit 2, Marsh Defendant's Initial Disclosures to Tiara, #3 Exhibit 3, Marsh Defendant's Responses and Objections to Tiara's First Set of Interrogatories, #4 Exhibit 4, Marsh's Supplemental Rule 26 Disclosure)(Zack, David)
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Filing 398
RESPONSE in Opposition re #378 MOTION for Protective Order filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 397
Order vacating reference of discovery proceedings to Magistate Judge Hopkins. Signed by Judge Daniel T. K. Hurley on 2/12/14. (lr) (lr).
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Filing 396
ORDER granting in part and denying in part #388 Defendant's Motion to Compel. Signed by Judge Daniel T. K. Hurley on 2/12/14. (lr)
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Filing 395
ORDER DIRECTING EXPEDITED RESPONSE re #392 Notice (Other) - reinstatement of motion for restitution of previously paid attorney fee award filed by Tiara Condominium Association, Inc. Signed by Judge Daniel T. K. Hurley on 2/12/14. (lr)
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Filing 394
ORDER DIRECTING EXPEDITED RESPONSE re #378 Plaintiff's Motion for Protective Order. Signed by Judge Daniel T. K. Hurley on 2/12/14. (lr)
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Filing 393
ORDER Setting Hearing on all Pending Motions for 2/18/2014 at 9:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. #331 MOTION in Limine to Preclude Evidence of Litigation Conduct, #378 MOTION for Protective Order , #336 MOTION in Limine Number 1 to Preclude Tiara from Proffering any Evidence or Argument, or Mentioning, any Damages Theories not set Forth in Its December 6, 2013 Supplemental Response to Interrogatroy No. 3 and Memorandum of Law, #340 MOTION in Limine Number 2 to Preclude Tiara from Proffering Evidence or Argument Relating to a Hurricane Demand Premium or Demolition Costs and Memorandum of Law, #341 MOTION in Limine Number 3 to Preclude the Testimony of Tiara's Purported Expert William Hager and Memorandum of Law, #330 MOTION in Limine to Exclude Testimony that "Everyone" Was Underinsured, #388 MOTION to Compel Plaintiff to Provide Discovery Necessary to Clarify Its Damages Claim, and Memo of Law in Support Thereof , #344 MOTION in Limine Number 6 Seeking to Exclude any Evidence, Argument or Mention by Plaintiff Tiara Condominium Association, Inc. that the Insurance Secured by Marsh Provided Tiara with Coverage for Damage in Amount Less than Two Full Limits Under th, #342 MOTION in Limine Daubert Motion and Motion in Limine Number 4 to Preclude the Testimony of Tiara's Purported Expert Carl Fedde and Memorandum of Law, #332 MOTION in Limine to Preclude Testimony from Kevin Rogan, #343 MOTION in Limine Number 5 to Preclude Evidence of Assessments Paid by Individual Owners of the Tiara Condominium and Memorandum of Law Signed by Judge Daniel T. K. Hurley on 2/12/14. (lr)
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Filing 392
NOTICE by Tiara Condominium Association, Inc. re #305 Order on Motion for Attorney Fees Reinstatement of Motion for Restitution [ECF No. 295] (Zack, David)
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Filing 391
NOTICE by Marsh, USA, Inc. re #388 MOTION to Compel Plaintiff to Provide Discovery Necessary to Clarify Its Damages Claim, and Memo of Law in Support Thereof of Proposed Order Granting Marsh's Expedited Motion to Compel Plaintiff to Provide Discovery Necessary to Clarify its Damages Claim (Coutroulis, Chris)
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Filing 390
REPLY to Response to Motion re #330 MOTION in Limine to Exclude Testimony that "Everyone" Was Underinsured filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 389
NOTICE by Marsh, USA, Inc. re #388 MOTION to Compel Plaintiff to Provide Discovery Necessary to Clarify Its Damages Claim, and Memo of Law in Support Thereof of Filing Affidavit of Christopher J. St. Jeanos (Attachments: #1 Affidavit Christopher J. St. Jeanos, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Coutroulis, Chris)
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Filing 388
MOTION to Compel Plaintiff to Provide Discovery Necessary to Clarify Its Damages Claim, and Memo of Law in Support Thereof by Marsh, USA, Inc.. Responses due by 2/24/2014 (Coutroulis, Chris)
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Filing 387
REPLY to Response to Motion re #331 MOTION in Limine to Preclude Evidence of Litigation Conduct filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 386
REPLY to Response to Motion re #332 MOTION in Limine to Preclude Testimony from Kevin Rogan filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 385
NOTICE by Marsh, USA, Inc. re #380 Reply to Response to Motion, #383 Reply to Response to Motion, #382 Reply to Response to Motion, #384 Reply to Response to Motion, #379 Reply to Response to Motion, #381 Reply to Response to Motion (Attachments: #1 Affidavit Kozusko Affidavit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Coutroulis, Chris)
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Filing 384
REPLY to Response to Motion re #344 MOTION in Limine Number 6 Seeking to Exclude any Evidence, Argument or Mention by Plaintiff Tiara Condominium Association, Inc. that the Insurance Secured by Marsh Provided Tiara with Coverage for Damage in Amount Less than Two Full Limits Under th filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 383
REPLY to Response to Motion re #343 MOTION in Limine Number 5 to Preclude Evidence of Assessments Paid by Individual Owners of the Tiara Condominium and Memorandum of Law filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 382
REPLY to Response to Motion re #342 MOTION in Limine Daubert Motion and Motion in Limine Number 4 to Preclude the Testimony of Tiara's Purported Expert Carl Fedde and Memorandum of Law filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 381
REPLY to Response to Motion re #341 MOTION in Limine Number 3 to Preclude the Testimony of Tiara's Purported Expert William Hager and Memorandum of Law filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 380
REPLY to Response to Motion re #340 MOTION in Limine Number 2 to Preclude Tiara from Proffering Evidence or Argument Relating to a Hurricane Demand Premium or Demolition Costs and Memorandum of Law filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 379
REPLY to Response to Motion re #336 MOTION in Limine Number 1 to Preclude Tiara from Proffering any Evidence or Argument, or Mentioning, any Damages Theories not set Forth in Its December 6, 2013 Supplemental Response to Interrogatroy No. 3 and Memorandum of Law filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 378
MOTION for Protective Order by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit 1, Notice of deposition under Rule 30(b)(6))(Zack, David)
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Filing 377
Appeal Record Returned from USCA: (WPB/Records) Consisting of (1) Volume of Pleadings and (1) Accordian Folder #225 Notice of Appeal, USCA # 10-11621-CC (hh)
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Filing 376
ORDER Setting Hearing on all Pending Motions: #331 MOTION in Limine to Preclude Evidence of Litigation Conduct, #336 MOTION in Limine Number 1 to Preclude Tiara from Proffering any Evidence or Argument, or Mentioning, any Damages Theories not set Forth in Its December 6, 2013 Supplemental Response to Interrogatroy No. 3 and Memorandum of Law, #340 MOTION in Limine Number 2 to Preclude Tiara from Proffering Evidence or Argument Relating to a Hurricane Demand Premium or Demolition Costs and Memorandum of Law, #341 MOTION in Limine Number 3 to Preclude the Testimony of Tiara's Purported Expert William Hager and Memorandum of Law, #344 MOTION in Limine Number 6 Seeking to Exclude any Evidence, Argument or Mention, etc. #330 MOTION in Limine to Exclude Testimony that "Everyone" Was Underinsured, #342 MOTION in Limine Daubert Motion and Motion in Limine Number 4 to Preclude the Testimony of Tiara's Purported Expert Carl Fedde and Memorandum of Law, #332 MOTION in Limine to Preclude Testimony from Kevin Rogan, #343 MOTION in Limine Number 5 to Preclude Evidence of Assessments Paid by Individual Owners of the Tiara Condominium and Memorandum of Law : MOTION HEARING TENTATIVELY SET for 2/18/2014 at 9:00 AM in West Palm Beach before Judge Daniel T. K. Hurley. Signed by Judge Daniel T. K. Hurley on 2/4/14. (lr)
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Filing 375
RESPONSE in Opposition re #343 MOTION in Limine Number 5 to Preclude Evidence of Assessments Paid by Individual Owners of the Tiara Condominium and Memorandum of Law filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 374
RESPONSE in Opposition re #340 MOTION in Limine Number 2 to Preclude Tiara from Proffering Evidence or Argument Relating to a Hurricane Demand Premium or Demolition Costs and Memorandum of Law filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 373
RESPONSE in Opposition re #336 MOTION in Limine Number 1 to Preclude Tiara from Proffering any Evidence or Argument, or Mentioning, any Damages Theories not set Forth in Its December 6, 2013 Supplemental Response to Interrogatroy No. 3 and Memorandum of Law filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 372
RESPONSE in Opposition re #341 MOTION in Limine Number 3 to Preclude the Testimony of Tiara's Purported Expert William Hager and Memorandum of Law filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 371
RESPONSE in Opposition re #342 MOTION in Limine Daubert Motion and Motion in Limine Number 4 to Preclude the Testimony of Tiara's Purported Expert Carl Fedde and Memorandum of Law filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 370
RESPONSE in Opposition re #344 MOTION in Limine Number 6 Seeking to Exclude any Evidence, Argument or Mention by Plaintiff Tiara Condominium Association, Inc. that the Insurance Secured by Marsh Provided Tiara with Coverage for Damage in Amount Less than Two Full Limits Under th filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 369
NOTICE by Marsh, USA, Inc. re #367 Memorandum, #368 Memorandum, #366 Memorandum of Filing Affidavit of Dan C. Kozusko (Attachments: #1 Affidavit Affidavit of Dan C. Kozusko)(Coutroulis, Chris)
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Filing 368
MEMORANDUM in Opposition to Plaintiff's Motion in Limine to Preclude Evidence of Litigation Conduct by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 367
MEMORANDUM in Opposition to Plaintiff's Motion in Limine to Preclude Testimony from Kevin Rogan by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 366
MEMORANDUM in Opposition to Plaintiff's Motion in Limine to Exclude Testimony that "Everyone" was Underinsured by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 365
ORDER denying as moot #333 Motion to Continue; denying #352 Motion to Continue Trial. Trial has been reset to the court's March 2014 trial docket. Signed by Judge Daniel T. K. Hurley on 1/27/14. (lr)
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Filing 364
ORDER CONTINUING TRIAL. Jury Trial reset for the 5 week docket beginning 3/3/2014 and Calendar Call reset for 2/20/2014 at 8:30 AM before Judge Daniel T. K. Hurley. Signed by Judge Daniel T. K. Hurley on 1/24/14. (lr)
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Filing 363
Clerk's Notice of Filing Deficiency Re: #362 UNSTIPULATED MOTION for Substitution of Counsel filed by SunTrust Bank. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). (cbr)
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Filing 362
MOTION for Substitution of Counsel by SunTrust Bank. Responses due by 2/10/2014 (cbr)
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Filing 361
TRANSCRIPT of Calendar Call held on 1/23/2014 before Judge Daniel T. K. Hurley, 1-16 pages, Court Reporter: Karl Shires, 561-514-3728 / Karl_Shires@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/18/2014. Redacted Transcript Deadline set for 2/27/2014. Release of Transcript Restriction set for 4/28/2014. (Shires, Karl)
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Filing 360
Witness List - Amended by Marsh, USA, Inc... (Coutroulis, Chris)
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Filing 359
Exhibit List - Third Amended by Marsh, USA, Inc... (Coutroulis, Chris)
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Filing 358
ORDER granting #326 Motion for Substitution of Counsel. Attorney John A. Barry is substituted for Attorney Richard H. Bergman as counsel for SunTrust. Signed by Judge Daniel T. K. Hurley on 1/22/14. (lr)
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Filing 357
ORDER denying #355 Defendant's Motion for Reconsideration. Signed by Judge Daniel T. K. Hurley on 1/22/14. (lr)
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Filing 356
NOTICE by Marsh, USA, Inc. re #355 MOTION for Reconsideration re #320 Order on Motion for Summary Judgment of Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 355
MOTION for Reconsideration re #320 Order on Motion for Summary Judgment by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 354
NOTICE by Marsh, USA, Inc. re #352 Amended MOTION to Continue Trial Due to Unforeseen Medical Circumstances of Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 353
RESPONSE in Opposition re #352 Amended MOTION to Continue Trial Due to Unforeseen Medical Circumstances filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit 1 - Report of Stein, #2 Exhibit 2 - Report of Stanovich)(Zack, David)
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Filing 352
Amended MOTION to Continue Trial Due to Unforeseen Medical Circumstances re #333 Motion to Continue Trial by Marsh, USA, Inc.. Responses due by 2/6/2014 (Attachments: #1 Affidavit James Fitzmaurice, #2 Affidavit Scott Stein)(Coutroulis, Chris) Text Modified on 1/21/2014 (cbr).
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Filing 351
PRETRIAL STIPULATION by Tiara Condominium Association, Inc. (Attachments: #1 Exhibit Ex. A, Tiara's Exhibit List, #2 Exhibit Ex. B, Marsh's Exhibit List, #3 Exhibit Ex. C, Tiara's Witness List, #4 Exhibit Ex. D, Marsh's Exhibit List)(Zack, David)
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Filing 350
NOTICE by Marsh, USA, Inc. re #344 MOTION in Limine Number 6 Seeking to Exclude any Evidence, Argument or Mention by Plaintiff Tiara Condominium Association, Inc. that the Insurance Secured by Marsh Provided Tiara with Coverage for Damage in Amount Less than Two Full Limits Under th Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 349
NOTICE by Marsh, USA, Inc. re #343 MOTION in Limine Number 5 to Preclude Evidence of Assessments Paid by Individual Owners of the Tiara Condominium and Memorandum of Law Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 348
NOTICE by Marsh, USA, Inc. re #342 MOTION in Limine Daubert Motion and Motion in Limine Number 4 to Preclude the Testimony of Tiara's Purported Expert Carl Fedde and Memorandum of Law Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 347
NOTICE by Marsh, USA, Inc. re #341 MOTION in Limine Number 3 to Preclude the Testimony of Tiara's Purported Expert William Hager and Memorandum of Law Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 346
NOTICE by Marsh, USA, Inc. re #340 MOTION in Limine Number 2 to Preclude Tiara from Proffering Evidence or Argument Relating to a Hurricane Demand Premium or Demolition Costs and Memorandum of Law Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 345
NOTICE by Marsh, USA, Inc. re #336 MOTION in Limine Number 1 to Preclude Tiara from Proffering any Evidence or Argument, or Mentioning, any Damages Theories not set Forth in Its December 6, 2013 Supplemental Response to Interrogatroy No. 3 and Memorandum of Law Filing Proposed Order (Attachments: #1 Text of Proposed Order Granting Motion in Limine 1)(Coutroulis, Chris)
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Filing 344
MOTION in Limine Number 6 Seeking to Exclude any Evidence, Argument or Mention by Plaintiff Tiara Condominium Association, Inc. that the Insurance Secured by Marsh Provided Tiara with Coverage for Damage in Amount Less than Two Full Limits Under the Policy or $99,941,060 by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 343
MOTION in Limine Number 5 to Preclude Evidence of Assessments Paid by Individual Owners of the Tiara Condominium and Memorandum of Law re #335 AFFIDAVIT by Marsh, USA, Inc.. (Coutroulis, Chris) Text Modified on 1/21/2014 (cbr).
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Filing 342
MOTION in Limine Daubert Motion and Motion in Limine Number 4 to Preclude the Testimony of Tiara's Purported Expert Carl Fedde and Memorandum of Law re #335 AFFIDAVIT by Marsh, USA, Inc.. (Coutroulis, Chris) Text Modified on 1/21/2014 (cbr).
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Filing 341
Daubert Motion and MOTION in Limine Number 3 to Preclude the Testimony of Tiara's Purported Expert William Hager and Memorandum of Law re #335 AFFIDAVIT by Marsh, USA, Inc.. (Coutroulis, Chris) Text Modified on 1/21/2014 (cbr).
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Filing 340
MOTION in Limine Number 2 to Preclude Tiara from Proffering Evidence or Argument Relating to a Hurricane Demand Premium or Demolition Costs and Memorandum of Law re #335 AFFIDAVIT by Marsh, USA, Inc.. (Coutroulis, Chris) Text Modified on 1/21/2014 (cbr).
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Filing 339
NOTICE by Tiara Condominium Association, Inc. re #330 MOTION in Limine to Exclude Testimony that "Everyone" Was Underinsured of Filing Proposed Order (Attachments: #1 Text of Proposed Order Proposed Order)(Zack, David)
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Filing 338
NOTICE by Tiara Condominium Association, Inc. re #332 MOTION in Limine to Preclude Testimony from Kevin Rogan of Filing Proposed Order (Attachments: #1 Text of Proposed Order Proposed Order)(Zack, David)
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Filing 337
NOTICE by Tiara Condominium Association, Inc. re #331 MOTION in Limine to Preclude Evidence of Litigation Conduct of Filing Proposed Order (Attachments: #1 Text of Proposed Order Proposed Order)(Zack, David)
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Filing 336
MOTION in Limine Number 1 to Preclude Tiara from Proffering any Evidence or Argument, or Mentioning, any Damages Theories not set Forth in Its December 6, 2013 Supplemental Response to Interrogatroy No. 3 and Memorandum of Law re #335 AFFIDAVIT by Marsh, USA, Inc.. (Coutroulis, Chris) Text Modified on 1/21/2014 (cbr).
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Filing 335
AFFIDAVIT signed by : James Fitzmaurice. in Support of Marsh USA Inc.'s Motion in Limine Nos. 1 through 7 by Marsh, USA, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Coutroulis, Chris)
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Filing 334
NOTICE by Marsh, USA, Inc. re #333 MOTION to Continue Trial of Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 333
MOTION to Continue Trial by Marsh, USA, Inc.. Responses due by 2/3/2014 (Attachments: #1 Affidavit Exhibit 1, #2 Affidavit Exhibit 2)(Coutroulis, Chris)
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Filing 332
MOTION in Limine to Preclude Testimony from Kevin Rogan by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit Ex. 1, Marsh's initial disclosures, #2 Exhibit Ex. 2, Tiara's First Set of Discovery Requests, #3 Exhibit Ex.. 3, Marsh's Response to Tiara's First Set of Discovery Requests)(Zack, David)
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Filing 331
MOTION in Limine to Preclude Evidence of Litigation Conduct by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 330
MOTION in Limine to Exclude Testimony that "Everyone" Was Underinsured by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 329
NOTICE of Attorney Appearance by Garth Thomas Yearick on behalf of Marsh, USA, Inc.. Attorney Garth Thomas Yearick added to party Marsh, USA, Inc.(pty:dft). (Yearick, Garth)
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Filing 328
NOTICE of Attorney Appearance by Emmett Kelly Bittick, Jr on behalf of Marsh, USA, Inc.. Attorney Emmett Kelly Bittick, Jr added to party Marsh, USA, Inc.(pty:dft). (Bittick, Emmett)
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Filing 327
Clerks Notice to Filer re #326 Answer to Writ of Garnishment. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (cbr)
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Filing 326
Motion for Substitution of Counsel by SunTrust Bank. Reply/Objections to Writ Answer due by 2/10/2014. (Barry, John) Modified to convert document to a motion on 1/17/2014 (cbr).
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Filing 325
Exhibit List Second Amended by Marsh, USA, Inc... (Coutroulis, Chris)
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Filing 324
ORDER denying #315 Defendant's Motion to Preclude Damages Evidence and Denying Alternative Motion to Continue. Signed by Judge Daniel T. K. Hurley on 1/15/14. (lr)
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Filing 323
ENDORSED ORDER granting #322 Attorney James Fitzmaurice's Motion to Appear Pro Hac Vice as Co-Counsel for Defendant Marsh USA Inc. Signed by Judge Daniel T. K. Hurley on 1/14/2014. (tda)
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Filing 321
ORDER ON TRIAL PREPARATION. Signed by Judge Daniel T. K. Hurley on 1/14/2014. (lr)
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Filing 322
Defendant Marsh USA, Inc.'s Unopposed, Verified MOTION to Allow Pro Hac Vice Admission of James Fitzmaurice and Request to Electronically Receive Notices of Electronic Filing. Filing Fee $ 75.00. Receipt # 92825. (ksa)
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Filing 320
OPINION ORDER denying #286 Marsh, USA, Inc.'s Renewed Motion for Summary Judgment. Signed by Judge Daniel T. K. Hurley on 1/13/14. (lr)
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Filing 319
NOTICE TO COUNSEL. Signed by Judge Daniel T. K. Hurley on 1/8/2014. (lr)
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Filing 318
RESPONSE in Opposition re #315 MOTION for Discovery to Preclude New Expert Evidence or, in the Alternative, for Additional Discovery and Postponement of Trial and Incorporated Memorandum of Law filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit Report of William Walker, #2 Exhibit Supplemental Report of William Hager, #3 Exhibit Third Amended Complaint, #4 Exhibit Marsh Statement of Uncontested Facts)(Zack, David)
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Filing 317
Exhibit List Amended by Marsh, USA, Inc... (Coutroulis, Chris)
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Filing 316
NOTICE by Marsh, USA, Inc. re #315 MOTION for Discovery to Preclude New Expert Evidence or, in the Alternative, for Additional Discovery and Postponement of Trial and Incorporated Memorandum of Law with attached Proposed Order (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 315
MOTION for Discovery to Preclude New Expert Evidence or, in the Alternative, for Additional Discovery and Postponement of Trial and Incorporated Memorandum of Law by Marsh, USA, Inc.. Responses due by 1/6/2014 (Attachments: #1 Affidavit of Christopher St. Jeanos)(Coutroulis, Chris)
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Filing 314
Witness List by Marsh, USA, Inc... (Coutroulis, Chris)
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Filing 313
Witness List by Tiara Condominium Association, Inc... (Zack, David)
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Filing 312
Exhibit List Second Amended by Tiara Condominium Association, Inc... (Zack, David)
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Filing 311
TRANSCRIPT of Motion for Resonsideration of Summary Judgment held on 11/7/2013 before Judge Daniel T. K. Hurley, 1-77 pages, Court Reporter: Karl Shires, 561-514-3728 / Karl_Shires@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014. (Shires, Karl)
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Filing 310
Minute Entry for Motion Hearing proceedings held before Judge Daniel T. K. Hurley on 11/7/2013, re #286 Renewed MOTION for Summary Judgment and Memorandum of Law in Support Thereof filed by Marsh, USA, Inc.. The court's decision will be published by seperate order. Court Reporter: Karl Shires, 561-514-3728 / Karl_Shires@flsd.uscourts.gov (jc1)
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Filing 309
ORDER granting in part and denying in part #306 Motion to Continue. Calendar Call reset for 1/23/2014 08:30 AM before Judge Daniel T. K. Hurley. Trial reset for the trial docket beginning 2/3/2014 09:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. Signed by Judge Daniel T. K. Hurley on 10/8/13. (lr)
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Filing 308
ORDER RE-SETTING HEARING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT #286 .Motion Hearing set for 11/7/2013 09:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. Signed by Judge Daniel T. K. Hurley on 10/7/2013. (tda)
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Filing 307
NOTICE by Marsh, USA, Inc. re #306 Joint MOTION to Continue the Trial Date by Tiara Condominium Association, Inc. and Marsh USA, Inc. (Attachments: #1 Text of Proposed Order Granting the Joint Motion for Continuance)(Coutroulis, Chris)
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Filing 306
Joint MOTION to Continue the Trial Date by Tiara Condominium Association, Inc. and by Marsh, USA, Inc.. Responses due by 10/21/2013 (Attachments: #1 Affidavit of Chris St. Jeanos with attached Transcript of Status Conference dated 5/29/13)(Coutroulis, Chris)
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Filing 305
ORDER denying Plaintiff's Motion for Restitution Without Prejudice to Renew #295 . Signed by Judge Daniel T. K. Hurley on 9/16/2013. (tda)
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Filing 304
REPLY to Response to Motion re #295 MOTION for Attorney Fees Restitution filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 303
NOTICE by Tiara Condominium Association, Inc. re #291 Statement,,, Re-Filing of Exhibits (Attachments: #1 Exhibit Ex. 1, Susan Mary Bennett Dep., #2 Exhibit Ex. 2, Norman B. Adams Dep., #3 Exhibit Ex. 3, John Quinlan Dep., #4 Exhibit Ex. 4, Nov. 26, 2002 engagement letter, #5 Exhibit Ex. 5, Aug. 8, 2003 engagement letter, #6 Exhibit Ex. 6, June 24, 2004 engagement letter, #7 Exhibit Ex. 7, July 26, 2004 engagement letter, #8 Exhibit Ex. 8, Rosalia Croes dep., #9 Exhibit Ex. 9, Neil Hewitt Dep., #10 Exhibit Ex. 10, Feb. 18, 2004 letter from Hewitt to Quinlan, #11 Exhibit Ex. 11, April 2, 2002 internal Marsh e-mail, #12 Exhibit Ex. 12, April 17, 2002 internal Marsh e-mail, #13 Exhibit Ex. 13, April 8, 2008 Marsh proposal, #14 Exhibit Ex. 14, Citizens Policy, #15 Exhibit Ex. 15, Edward Minikel Dep., #16 Exhibit Ex. 16, Ali Kas Dep., #17 Exhibit Ex. 17, E-mail from Tom Habinck to Neil Hewitt, #18 Exhibit Ex. 18, E-mail from Neil Hewitt to Norm Adams, #19 Exhibit Ex. 19, Neil Hewitt Dep., #20 Exhibit Ex. 20, Norman B. Adams Dep., #21 Exhibit Ex. 21, Citizens Counterclaim against Tiara, #22 Exhibit Ex. 22, E-mail from Louis Brinisi, #23 Exhibit Ex. 23, Louis T. Brindisi Dep., #24 Exhibit Ex. 24, Dennis Bostick Dep., #25 Exhibit Ex. 25, June 8, 2005 fax from Marsh to Wind Only Underwriting, #26 Exhibit Ex. 26, June 24, 2004 letter from Citizens Property Insurance Company, #27 Exhibit Ex. 27, Aug. 1, 2005 letter from Daniel M. McNalis, #28 Exhibit Ex. 28, Aug. 8, 2005 minutes of the Tiara Board of Governors meeting, #29 Exhibit Ex. 29, Report of William A. Walker, #30 Exhibit Ex. 30, Report of William D. Hager, #31 Exhibit Ex. 31, Report of Carl Fedde and David Rosenbaum)(Zack, David)
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Filing 302
ORDER granting #300 Motion to Withdraw as Attorney. Attorney Christopher E. Wasson; Richard M. Delonis and Matthew D. Novello terminated. Notice of Termination delivered by US Mail to Christopher Wasson. Signed by Judge Daniel T. K. Hurley on 8/30/13. (lr)
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Filing 301
NOTICE by Marsh, USA, Inc. re #289 Notice (Other),,,, of Re-Filing Exhibits with Corrected Descriptions (Attachments: #1 Exhibit 1 - Third Amended Complaint, #2 Exhibit 2 - Southern v. Tiara, Tiara's Mot. for Leave to File 3d Party Compl. (Excerpts), #3 Exhibit 3 - Southern v. Tiara, Answer and Aff. Defenses (Excerpts), #4 Exhibit 4 - GGG v. Tiara, 4/5/07 Hearing Transcript (Excerpts), #5 Exhibit 5 - GGG v. Tiara, Tiara's Summary Judgment Opposition (Excerpts), #6 Exhibit 6 - GGG v. Tiara, Tiara's Supp. Interrogatory Responses (Excerpts), #7 Exhibit 7 - GGG v. Tiara, Tiara's First Amended Answer and Aff. Defenses (Excerpts), #8 Exhibit 8 - GGG v. Tiara, 5/14/07 Trial Transcript (Excerpts), #9 Exhibit 9 - Southern v. Tiara, Tiara's Mot. for Leave to File 2d Amended Counterclaims (Excerpts), #10 Exhibit 10 - Castro v. Tiara, Tiara's Interrogatory Responses (Excerpts), #11 Exhibit 11 - 2002 Appraisal, #12 Exhibit 12 - 3/25/02 Insurance Comm. Report, #13 Exhibit 13 - 3/25/02 Board Resolution, #14 Exhibit 14 - 4/23/02 Marsh Letter, #15 Exhibit 15 - 4/30/02 J. Quinlan Email, #16 Exhibit 16 - 2002 Policy Declarations, #17 Exhibit 17 - 7/8/02 Insurance Placement Analysis, #18 Exhibit 18 - 8/6/02 Agreement, #19 Exhibit 19 - 11/26/02 Agreement, #20 Exhibit 20 - 2003 Policy Declarations, #21 Exhibit 21 - Insurance Comm. Recommendation, #22 Exhibit 22 - 7/19/03 J. Quinlan Email, #23 Exhibit 23 - 2003 Agreement, #24 Exhibit 24 - 2/6/04 J. Quinlan Email, #25 Exhibit 25 - 2/17/04 J. Quinlan Fax, #26 Exhibit 26 - 2/18/04 N. Hewitt Letter, #27 Exhibit 27 - 2/18/04 Allied Letter, #28 Exhibit 28 - 2/23/04 Insurance Comm. Agenda, #29 Exhibit 29 - 2/23/04 Insurance Comm. Agenda with Exhibits, #30 Exhibit 30 - 2/23/04 Insurance Comm. Agenda, #31 Exhibit 31 - J. Quinlan Insurable Value Worksheet, #32 Exhibit 32 - 5/10/04 Board Meeting Minutes, #33 Exhibit 33 - 2004/05 Citizens Policy, #34 Exhibit 34 - 6/1/04 Insurance Summary, #35 Exhibit 35 - 2004 Agreement, #36 Exhibit 36 - 7/26/04 Agreement, #37 Exhibit 37 - 10/29/08 Hearing Transcript (Excerpts), #38 Exhibit 38 - Tiara's Eleventh Circuit Appellant's Brief, #39 Exhibit 39 - W. Walker Expert Report, #40 Exhibit 40 - 11/5/04 Citizens Memo, #41 Exhibit 41 - Auditor General's Report, #42 Exhibit 42 - J. Quinlan Deposition Transcript (Excerpts), #43 Exhibit 43 - N. Adams Deposition Transcript (Excerpts), #44 Exhibit 44 - W. Merlin Deposition Transcript (Excerpts))(Coutroulis, Chris)
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Filing 300
Unopposed MOTION to Withdraw as Attorney by Richard M. Delonis, Matthew D. Novello, and Christopher E. Wasson. by Tiara Condominium Association, Inc.. Responses due by 9/9/2013 (Attachments: #1 Text of Proposed Order)(Zack, David)
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Filing 299
RESPONSE in Opposition re #295 MOTION for Attorney Fees Restitution filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 298
ORDER Setting Hearing on Defendant's Renewed Motion for Summary Judgment #286 & Directions to Parties Regarding Exhibit Filing. Motion Hearing set for 11/20/2013 09:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. Signed by Judge Daniel T. K. Hurley on 8/23/2013. (tda)
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Filing 297
REPLY to Response to Motion re #286 Renewed MOTION for Summary Judgment and Memorandum of Law in Support Thereof filed by Marsh, USA, Inc.. (Coutroulis, Chris)
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Filing 296
CERTIFICATE OF SERVICE by Tiara Condominium Association, Inc. re #295 MOTION for Attorney Fees Restitution Amended (Zack, David)
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Filing 295
MOTION for Attorney Fees Restitution by Tiara Condominium Association, Inc.. Responses due by 8/23/2013 (Attachments: #1 Exhibit 1 - 2013 07 12 Order Denying Stay)(Zack, David)
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Filing 294
SUPPLEMENT Expert Report by Tiara Condominium Association, Inc. (Attachments: #1 Supplement Supplemental Report of William D. Hager, #2 Appendix Appendix A - Curriculum Vitae, #3 Appendix Appendix B - Representative Articles and Speeches, #4 Appendix Appendix C - Cases in which William Hager has been Deposed or Testified Within the Last Four or More Years)(Zack, David)
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Filing 293
NOTICE by Tiara Condominium Association, Inc. of Filing of Proposed Order Denying Defendant Marsh USA Inc.'s Renewed Motion for Summary Judgment (Attachments: #1 Text of Proposed Order Proposed Order Denying Defendant Marsh USA Inc.'s Renewed Motion for Summary Judgment)(Zack, David)
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Filing 292
RESPONSE in Opposition re #286 Renewed MOTION for Summary Judgment and Memorandum of Law in Support Thereof filed by Tiara Condominium Association, Inc.. (Zack, David)
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Filing 291
Statement of: Contested Facts in Opposition to Defendant Marsh USA, Inc.'s Renewed Motion for Summary Judgment by Tiara Condominium Association, Inc. re #288 Statement (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14, #15 Exhibit Ex. 15, #16 Exhibit Ex. 16, #17 Exhibit Ex. 17, #18 Exhibit Ex. 18, #19 Exhibit Ex. 19, #20 Exhibit Ex. 20, #21 Exhibit Ex. 21, #22 Exhibit Ex. 22, #23 Exhibit Ex. 23, #24 Exhibit Ex. 24, #25 Exhibit Ex. 25, #26 Exhibit Ex. 26, #27 Exhibit Ex. 27, #28 Exhibit Ex. 28, #29 Exhibit Ex. 29, #30 Exhibit Ex. 30, #31 Exhibit Ex. 31)(Zack, David)
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Filing 290
ORDER of Dismissal from USCA, Appellee's motion to stay this appeal is DENIED. Appellant's motion to vacate the Fee Judgment and Appellee's alternative motion to remand for further consideration are both GRANTED. The March 23, 2010, judgment is hereby VACATED, and this matter is REMANDED so the district court may reconsider all issues, including Appellee's entitlement to fees and the amount, if any, to be awarded, after resolving Appellant's remaining claims in the underlying proceedings as to #225 Notice of Appeal, filed by Tiara Condominium Association, Inc., USCA # 10-11621-CC (hh)
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Filing 289
NOTICE by Marsh, USA, Inc. re #286 Renewed MOTION for Summary Judgment and Memorandum of Law in Support Thereof of Filing Exhibits in Support of (Attachments: #1 Exhibit 1 - Third Amended Complaint, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44)(Coutroulis, Chris) Modified text on 8/26/2013 (bb).
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Filing 288
Statement of: Material Facts as to Which There is no Genuine Issue to be Tried by Marsh, USA, Inc. (Coutroulis, Chris)
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Filing 287
NOTICE by Marsh, USA, Inc. of Filing Proposed Order Granting Defendant Marsh USA Inc.'s Renewed Motion for Summary Judgment (Attachments: #1 Text of Proposed Order Proposed Order)(Coutroulis, Chris)
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Filing 286
Renewed MOTION for Summary Judgment and Memorandum of Law in Support Thereof by Marsh, USA, Inc.. Responses due by 7/15/2013 (Coutroulis, Chris)
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Filing 285
SUPPLEMENT Disclosure of Expert Witnesses by Tiara Condominium Association, Inc. (Zack, David)
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Attorney Francis A. Anania terminated. (ls)(per DE #284)
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Filing 284
ORDER granting #280 Motion to Withdraw & Motion for Substitution of Counsel. Attorneys Lawrence O. Kamin; Samuel M. Leaf; Katharine Nora Monin; Russell D. Morris; Francis A. Anania and Gregory K. Conway terminated. Attorney Chris S. Coutroulis substituted for defendant Marsh USA Inc. Signed by Judge Daniel T. K. Hurley on 6/21/13. (lr)
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Filing 283
Corrected Transcript and Notice of Correction of Status Conference held on 5/29/2013 before Judge Daniel T. K. Hurley, 1-26 pages, re: #281 Transcript,, #185 Notice of Appeal,, #189 Notice of Appeal,, Court Reporter: Karl Shires, 561-514-3728 / Karl_Shires@flsd.uscourts.gov. (Shires, Karl)
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Filing 282
Clerks Notice of Docket Correction re #281 Transcript,,. Transcript Style/Case Number Do Not Match; Instruction to Filer - Correct the information and refile transcript using Transcript-Corrected event. (hh)
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Filing 281
TRANSCRIPT of Status Conference held on 5/29/2013 before Judge Daniel T. K. Hurley, 1-26 pages, Court Reporter: Karl Shires, 561-514-3728 / Karl_Shires@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/20/2013. (Shires, Karl)
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Filing 280
Unopposed MOTION to Withdraw as Attorney by Francis Anania., UNSTIPULATED Unopposed MOTION for Substitution of Counsel by Marsh, USA, Inc.. Responses due by 7/5/2013 (Attachments: #1 Text of Proposed Order)(Coutroulis, Chris)
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Filing 279
NOTICE of Attorney Appearance by Chris S. Coutroulis on behalf of Marsh, USA, Inc.. Attorney Chris S. Coutroulis added to party Marsh, USA, Inc.(pty:dft). (Coutroulis, Chris)
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Filing 278
ORDER Re-Setting Trial & Amending Certain Pretrial Deadlines, ( Calendar Call set for 12/19/2013 08:30 AM in West Palm Beach Division before Judge Daniel T. K. Hurley., Jury Trial set for 1/6/2014 before Judge Daniel T. K. Hurley. ) Signed by Judge Daniel T. K. Hurley on 5/30/2013. (cbr)
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Filing 277
Appeal Record Returned from USCA (WPB/Records): Consisting of (4) Volumes of Pleadings, (1) Volume of Transcript and (6) Accordian Folders #185 Notice of Appeal,, #189 Notice of Appeal, USCA # 09-11718-CC (hh)
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Filing 276
ORDER granting the Plaintiff's #275 motion to amend the pre-trial scheduling order. The court conducted a status conference on Wednesday, May 29th, 2013, and, as a result, will enter a separate order resetting the trial date and other time frames. Signed by Judge Daniel T. K. Hurley on 5/29/2013. (DTKH)
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Filing 275
MOTION to Amend/Correct #272 Decree of Foreclosure, Trial Management Order by Tiara Condominium Association, Inc.. Responses due by 6/14/2013 (Zack, David)
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Filing 274
ORDER Setting Status Conference: Status Conference set for 5/29/2013 at 9:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. Signed by Judge Daniel T. K. Hurley on 5/23/13. (lr)
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Filing 273
MANDATE of USCA (certified copy) VACATED AND REMANDED. Accordingly, based on the opinion the Supreme Court of Florida filed with the Eleventh Circuit Court of Appeals on March 11, 2013, and attached hereto as "Appendix 1," we vacate the district court's grant of summary judgment in favor of Marsh on Tiara's claims for negligence and breach of fiduciary duty and REMAND those claims for the district court to reconsider them in light of the Supreme Courtof Florida's opinion re #185 Notice of Appeal,, filed by Tiara Condominium Association, Inc., #189 Notice of Appeal,, filed by Tiara Condominium Association, Inc. ; Date Issued: 5/16/2013 ; USCA Case Number: 09-11718-CC (amb)
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Filing 272
ORDER RESETTING TRIAL DATE, DIRECTING PRETRIAL PROCEDURES & REFERRING CASE TO MEDIATION. Signed by Judge Daniel T. K. Hurley on 4/19/2013. (tda)
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Filing 271
ORDER REOPENING CASE. Signed by Judge Daniel T. K. Hurley on 4/19/2013. (tda)
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Filing 270
Clerks Notice to Filer re #268 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#269]. It is not necessary to refile this document. (ls)
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Filing 269
NOTICE of Change of Address/Firm Name by Mark L. McAlpine, Don W. Blevins, Marcus R. Sanborn, David Michael Zack (ls)(See Image at DE #268 )
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Filing 268
NOTICE by Tiara Condominium Association, Inc. Firm Name Change (Zack, David)
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Filing 267
ORDER granting #266 Motion to Withdraw as Attorney for plaintiff. Attorney Steven M. De Falco terminated. Signed by Judge Daniel T. K. Hurley on 11/2/12. (lr)
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Filing 266
Unopposed MOTION to Withdraw as Attorney by Steven M. De Falco & Meuers Law Firm, P.L.. by Tiara Condominium Association, Inc.. Responses due by 10/1/2012 (Attachments: #1 Text of Proposed Order)(De Falco, Steven)
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Filing 265
NOTICE of Attorney Appearance by David Michael Zack on behalf of Tiara Condominium Association, Inc. (Zack, David)
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Filing 264
NOTICE of Attorney Appearance by Steven M. De Falco on behalf of Tiara Condominium Association, Inc. (De Falco, Steven)
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Filing 263
ORDER granting #261 Motion to Withdraw as Attorney. Attorney Wendy Susan Leavitt; Glory Peifer Ross; David Paul Ackerman and Richard James Brener terminated Deadline to obtain new local counsel 1/31/2011. Signed by Judge Daniel T. K. Hurley on 12/29/10. (lr)
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Filing 262
ORDER adopting Report and Recommendations re #260 & denying without prejudice #252 Motion for Attorney Fees. Signed by Judge Daniel T. K. Hurley on 12/29/10. (lr)
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Filing 261
MOTION to Withdraw as Attorney as Local Counsel for Plaintiff by Ackerman, Link & Sartory, P.A.. by Tiara Condominium Association, Inc.. Responses due by 12/20/2010 (Attachments: #1 Text of Proposed Order)(Ackerman, David)
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Filing 260
REPORT AND RECOMMENDATION re #252 Supplemental MOTION for Attorney Fees and Incorporated Memorandum of Law filed by Marsh, USA, Inc. Recommending the District Court deny without prejudice to renew. Objections to R&R due by 12/20/2010. Signed by Magistrate Judge James M. Hopkins on 12/1/2010. (tmn)
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Filing 259
NOTICE by Marsh, USA, Inc. of Partial Withdrawal of #252 Request for Fees in Marsh USA Inc.'s Verified Supplemental Motion for an Award of Attorneys' Fees (Attachments: #1 Exhibit A - Supplemental Affidavit of Chris St. Jeanos Supporting Notice of Partial Withdrawal of Request for Fees)(Anania, Francis) Modified to add document link on 9/17/2010 (asl).
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Filing 258
Acknowledgment of Receipt of COR/ROA from USCA re #225 Notice of Appeal, filed by Tiara Condominium Association, Inc.. Date received by USCA: 7/26/2010. USCA Case Number: 10-11621-GG. (mc)
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Filing 257
REPLY in Further Support of Its Verified #252 Supplemental MOTION for Attorney Fees and Incorporated Memorandum of Law filed by Marsh, USA, Inc.. (Anania, Francis) Modified text on 7/30/2010 (asl).
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Filing 256
Certified and Transmitted Record on Appeal to US Court of Appeals (Atlanta Office) consisting of (1)Volume of Pleadings and (1)Accordion folder containing DE# 215, 217, 234, 252, 254; re #225 Notice of Appeal. USCA# 10-11621-GG (mc)
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Filing 255
CERTIFICATE of Readiness transmitted to USCA re #225 Notice of Appeal, filed by Tiara Condominium Association, Inc. USCA# 10-11621-GG (mc)
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Filing 254
RESPONSE in Opposition re #252 Supplemental MOTION for Attorney Fees and Incorporated Memorandum of Law filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Totals, #2 Exhibit B - Objections by Fee Entry, #3 Exhibit C - Objections Independent of Waiver, #4 Exhibit D - Objections to Administrative Entries, #5 Exhibit E - Objections to Improper Appellate Entries, #6 Exhibit F - Objections to Entries Concerning Amount of Recoverable Fees, #7 Exhibit G - Duplicative Entries, #8 Exhibit H - Improperly Vague Entries, #9 Exhibit I - Tiara Letter to Marsh, #10 Exhibit J - Marsh Letter to Tiara)(Brener, Richard)
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Filing 253
ORDER REFERRING MOTION: #252 Supplemental MOTION for Attorney Fees and Incorporated Memorandum of Law filed by Marsh, USA, Inc. referred to James M. Hopkins. Signed by Judge Daniel T. K. Hurley on 7/7/10. (lr)
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Filing 252
Supplemental MOTION for Attorney Fees and Incorporated Memorandum of Law by Marsh, USA, Inc.. Responses due by 7/19/2010 (Attachments: #1 Affidavit of Christopher J. St. Jeanos)(Anania, Francis)
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Filing 251
FINAL JUDGMENT of Garnishment against Bank of America, N.A. Granting #244 Motion for Final Judgment of Garnishment against Bank of America, N.A. in the sum of $161,091.82. Signed by Judge Daniel T. K. Hurley on 6/11/2010. (ls)
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Filing 250
*Endorsed Order approving the post-judgment discovery deadlines set forth in the parties' proposed stipulated order (DE 249). Signed by Magistrate Judge James M. Hopkins on 6/11/2010. (hky)
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Filing 249
STIPULATION and proposed Order by Marsh, USA, Inc. (Anania, Francis)
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Filing 248
WRIT OF GARNISHMENT issued as to Garnishee Akerman Link & Sartory, P.A. in the amount of $ $1,801,798.58, Registery Fee in the amount of $ 100.00, Receipt # FLS100001722 re: #247 Motion for Writ filed by Marsh, USA, Inc.. (mg)
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Filing 247
MOTION for Writ of Garnishment by Marsh, USA, Inc.. Responses due by 6/24/2010 (mg)
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Filing 246
Clerks Notice of Docket Correction re #245 Order on Motion for Reconsideration, Order on Motion for Protective Order. Document Not Signed; Original unsigned document restricted and signed document attached to this notice. (bb)
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Filing 245
ORDER denying #240 Motion for Reconsideration ; denying #241 Motion for Protective Order. Signed by Judge Daniel T. K. Hurley on 6/4/2010. (jsg) Modified on 6/4/2010 to restrict document (bb).
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Filing 244
MOTION for Judgment - Motion for Final Judgment of Garnishment Against Bank of America, N.A. and Memorandum of Law- by Marsh, USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Anania, Francis)
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Filing 243
Notice of Supplemental Authority re #242 Response in Opposition to Motion for Reconsideration by Marsh, USA, Inc. (Attachments: #1 Exhibit)(Anania, Francis)
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Filing 242
RESPONSE in Opposition re #241 Plaintiff's MOTION for Protective Order, #240 MOTION for Reconsideration re #235 Order on Motion to Stay, Order on Motion to Quash filed by Marsh, USA, Inc.. (Anania, Francis)
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Filing 241
Plaintiff's MOTION for Protective Order by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A)(Brener, Richard)
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Filing 240
MOTION for Reconsideration re #235 Order on Motion to Stay, Order on Motion to Quash by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A)(Brener, Richard)
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Filing 239
NOTICE by Marsh, USA, Inc. - Marsh USA Inc.'s Garnishment Notice to Tiara Concerning SunTrust Bank (Attachments: #1 Exhibit Composite A)(Anania, Francis)
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Filing 238
NOTICE by Marsh, USA, Inc. - Marsh USA Inc.'s Garnishment Notice to Tiara Concerning Bank of America, N.A. (Attachments: #1 Exhibit Composite A)(Anania, Francis)
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Filing 237
ANSWER to Writ of Garnishment by SunTrust Bank, a Georgia corporation. (Bergman, Richard)
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Filing 236
ANSWER to Writ of Garnishment Served April 26, 2010 and Demand for Attorneys' Fees by Bank of America, N.A.. (Haley, James)
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Filing 235
ORDER denying #223 Motion for Stay of Judgment; denying #233 Motion to Quash Writs of Garnishment. Signed by Judge Daniel T. K. Hurley on 4/28/10. (lr)
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Filing 234
RESPONSE in Opposition re #233 MOTION to Quash Writs of Garnishment and for Immediate Consideration of Motion to Stay filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit A)(Anania, Francis)
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Filing 233
MOTION to Quash Writs of Garnishment and for Immediate Consideration of Motion to Stay by Tiara Condominium Association, Inc.. (Brener, Richard)
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Filing 232
WRIT OF GARNISHMENT issued as to Garnishee Bank of America in the amount of $ 100.00, Registery Fee in the amount of $ 100.00, Receipt # 1021066 re: #231 Motion for Writ of Garnishment filed by Marsh, USA, Inc.. (ail)
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Filing 231
MOTION for Writ of Garnishment Responses due by 5/10/2010 (ail)
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Filing 230
WRIT OF GARNISHMENT issued as to Garnishee SunTrust Bank South Florida in the amount of $ 1,801,798.58 plus interest, Registery Fee in the amount of $ 100.00, Receipt # 1021065 re: #229 Motion for Writ of Garnishment filed by Marsh, USA, Inc.. (ail)
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Filing 229
MOTION for Writ of Garnishment Responses due by 5/10/2010 (ail)
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Filing 228
Acknowledgment of Receipt of NOA from USCA re #225 Notice of Appeal, filed by Tiara Condominium Association, Inc.. Date received by USCA: 4/13/2010. USCA Case Number: 10-11621-G. (mc)
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Filing 227
REPLY to Response to Motion re #223 Plaintiff's MOTION to Stay re #222 Judgment on Attorney Fees, and Costs and for Waiver of Supersedeas Bond Pending Appeal filed by Tiara Condominium Association, Inc.. (Brener, Richard)
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Filing 226
RESPONSE in Opposition re #223 Plaintiff's MOTION to Stay re #222 Judgment on Attorney Fees, and Costs and for Waiver of Supersedeas Bond Pending Appeal filed by Marsh, USA, Inc.. (Anania, Francis)
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Filing 225
NOTICE OF APPEAL by Tiara Condominium Association, Inc. re #222 Judgment on Attorney Fees. Filing fee $455.00, receipt number 726993. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (mc)
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Transmission of Notice of Appeal, Final Judgment and Docket Sheet to US Court of Appeals re #225 Notice of Appeal (mc)
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Filing 224
NOTICE by Tiara Condominium Association, Inc. re #223 Plaintiff's MOTION to Stay re #222 Judgment on Attorney Fees, and Costs and for Waiver of Supersedeas Bond Pending Appeal (Attachments: #1 Exhibit A - Statement of Compliance with Local Rule 7.1.A.3)(Brener, Richard)
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Filing 223
Plaintiff's MOTION to Stay re #222 Judgment on Attorney Fees, and Costs and for Waiver of Supersedeas Bond Pending Appeal by Tiara Condominium Association, Inc.. Responses due by 4/12/2010 (Attachments: #1 Exhibit 1)(Ackerman, David)
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Filing 222
Final JUDGMENT on Attorney Fees and Costs. Judgment awarded to Defendant Marsh USA, Inc. against Plaintiff, Tiara Condominium Ass'n, Inc., in the total amount of $1,801,798.58, together with Post-jusgment interest as provided by law. Signed by Judge Daniel T. K. Hurley on 3/22/2010. (mg)
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Filing 221
ORDER adopting Report and Recommendations #214 ; granting in part #181 Motion for Attorney Fees and Costs; denying as moot #201 Motion for Hearing. Signed by Judge Daniel T. K. Hurley on 3/22/10. (lr)
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Filing 220
NOTICE by Tiara Condominium Association, Inc. re #218 Response to Objection to Report and Recommendations of its Withdrawal of its Request that Defendant's Objection to the Report and Recommendation Regarding Defendant's Motion for Attorneys' Fees and Costs be Stricken as Untimely (re: Section A only) (Ackerman, David)
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Filing 219
RESPONSE TO OBJECTION to #214 Report and Recommendations Regarding Defendant's Motion for Attorneys' Fees and Costs by Marsh, USA, Inc.. (Anania, Francis)
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Filing 218
RESPONSE TO OBJECTION to #214 Report and Recommendations by Tiara Condominium Association, Inc.. (Ackerman, David)
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Filing 217
NOTICE by Marsh, USA, Inc. re #216 Objection to Report and Recommendations Notice of Filing Declaration of Russell D. Morris, Esq. (Attachments: #1 Exhibit A, #2 Exhibit B)(Anania, Francis)
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Filing 216
OBJECTION to #214 Report and Recommendations Regarding Defendant's Motion for Attorneys' Fees and Costs by Marsh, USA, Inc.. (Anania, Francis)
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Filing 215
OBJECTION to #214 Report and Recommendations Regarding Defendant's Motion for Attorneys' Fees and Costs by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Milton v. Reyes, #2 Exhibit B - Law Firm Billing Rates, #3 Exhibit C - Improper Travel Entries)(Ackerman, David)
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Filing 214
REPORT AND RECOMMENDATION Regarding Defendants Motion for Attorneys Fees and Costs (DE #181 ). The Court RECOMMENDS that the District Court:(1) GRANT IN PART Defendants Motion for Attorneys Fees (DE #181 ) and allow Defendant to recover $1,775,602.50 from Plaintiff;(2) GRANT IN PART Defendants Motion for Costs (DE #181 ) and allow Defendant to recover $26,196.08 from Plaintiff. A party shall serve and file written objections, if any, to this Report and Recommendation with the Honorable Daniel T. K. Hurley, United States District Court Judge for the Southern District of Florida, within ten (10) days of being served with a copy of this Report and Recommendation. Signed by Magistrate Judge James M. Hopkins on 11/16/2009. (tmn)
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Filing 213
ACKNOWLEDGMENT OF RECEIPT FROM USCA re #185 Notice of Appeal,, #189 Notice of Appeal,, receipt of: 9/23/09 date received by USCA COR/ROA USCA number 09-11718-G (nc)
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Filing 212
Certified and Transmitted Record on Appeal to US Court of Appeals (Atlanta Office) Consisting of (4)Volumes of Pleadings,(1)Volume of Transcrpts and (6)Accordion Folders containing DE#'s 35,37,55,57,95,104,113,118,120,121,123,125,127,130,134,136,141,143-147,152,154,161, 165,170,180,183 re #185 Notice of Appeal,, #189 Notice of Appeal,, (nc)
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Filing 211
CERTIFICATE of Readiness transmitted to USCA re #185 Notice of Appeal,, filed by Tiara Condominium Association, Inc., #189 Notice of Appeal,, filed by Tiara Condominium Association, Inc.; USCA Appeal# 09-11718-G (nc)
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Filing 210
NOTICE by Marsh, USA, Inc. of Filing Supplemental Affidavit of Lawrence O. Kamin in Further Support of its Verified Motion for An Award of Attorneys' Fees and Costs (Attachments: #1 Exhibit A, #2 Exhibit B)(Anania, Francis)
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Filing 209
MEMORANDUM OF LAW re #181 Defendant's MOTION for Attorney Fees and Costs by Marsh, USA, Inc.. (Anania, Francis)
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Filing 208
ORDER granting #207 Defendant's Unopposed Motion for Leave to File Excess Pages (up to 15) in its Reply Brief. Signed by Magistrate Judge James M. Hopkins on 6/30/09. (hky)
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Filing 207
Unopposed MOTION for Leave to File Excess Pages - Unopposed Motion for Leave to File a Reply Brief in Excess of Ten Pages by Marsh, USA, Inc.. (Attachments: #1 Text of Proposed Order)(Anania, Francis)
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Filing 206
ORDER denying #202 Motion to Stay Consideration of Defendant's Motion for Attorneys' Fees pending Appeal. Signed by Judge Daniel T. K. Hurley on 6/25/09. (lr)
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Filing 205
RESPONSE in Opposition re #202 MOTION to Stay re #181 Defendant's MOTION for Attorney Fees and Costs filed by Marsh, USA, Inc.. (Anania, Francis) Modified on 6/23/2009 (ls).
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Filing 204
ORDER granting #203 Defendant's Motion for Extension of Time to Reply re #181 Defendant's MOTION for Attorney Fees and Costs. Replies due by 7/2/2009.Signed by Magistrate Judge James M. Hopkins on 6/11/09. (lc2)
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Filing 203
Unopposed MOTION for Extension of Time to File Reply as to #181 Defendant's MOTION for Attorney Fees and Costs by Marsh & McLennan Companies, Inc.. (Anania, Francis)
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Filing 202
MOTION to Stay re #181 Defendant's MOTION for Attorney Fees and Costs by Tiara Condominium Association, Inc.. Responses due by 6/22/2009 (Leavitt, Wendy)
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Filing 201
MOTION for Hearing re #181 Defendant's MOTION for Attorney Fees and Costs by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 200
RESPONSE in Opposition re #181 Defendant's MOTION for Attorney Fees and Costs filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit 1 - Affidavit of Mark McAlpine, #2 Exhibit 2 - Affidavit of John Wiederhold)(Leavitt, Wendy)
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Filing 199
ORDER granting #198 Plaintiff's Motion for Leave to File a Memorandum of Law with Excess Pages. Signed by Magistrate Judge James M. Hopkins on 6/4/09. (lc2)
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Filing 198
Agreed MOTION for Leave to File Excess Pages to File a Brief in Excess of 20 Pages by Tiara Condominium Association, Inc.. (Attachments: #1 Text of Proposed Order)(Leavitt, Wendy)
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Filing 197
ACKNOWLEDGMENT OF RECEIPT FROM USCA re #189 Notice of Appeal,, receipt of: Amended NOA date received by USCA 05/01/2009 USCA number 09-11718-GG (amb)
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Filing 196
TRANSCRIPT NOTIFICATION - has/have been filed by Court Reporter: Pauline Stipes, Phone: 561-803-3458. (ps)
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Filing 195
TRANSCRIPT of Oral Argument, Motion for Summary Judgment held on 10/29/08 before Judge Daniel T. K. Hurley. Re: #189 Notice of Appeal,,. Court Reporter: Pauline Stipes, Phone: 561-803-3458. 1-29 pages. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/18/2009. Redacted Transcript Deadline set for 5/27/2009. Release of Transcript Restriction set for 7/27/2009. (ps)
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Filing 194
COURT REPORTER ACKNOWLEDGMENT re #185 Notice of Appeal,, Court Reporter: Pauline Stipes, Phone: 561-803-3458 Estimated filing date of transcript 5/10/09 (ps)
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Filing 193
ORDER granting #191 Plaintiff's Motion for Extension of Time to Respond to #181 Defendant's MOTION for Attorney Fees and Costs. Responses due by 6/4/2009 Replies due by 6/15/2009.Signed by Magistrate Judge James M. Hopkins on 4/16/09. (lc2)
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Filing 191
MOTION for Extension of Time to File Response as to #184 Notice (Other), Notice (Other), #181 Defendant's MOTION for Attorney Fees and Costs, #183 Notice (Other), Notice (Other), Notice (Other), #182 Memorandum of Law, Memorandum in Support by Tiara Condominium Association, Inc.. (Attachments: #1 Text of Proposed Order)(Leavitt, Wendy)
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Transmission of Amended Notice of Appeal, Docket Sheet and Orders under appeal sent to US Court of Appeals re #189 Notice of Appeal, as to Tiara Condominium Association, Inc (nc)
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Filing 192
NOTICE of Receipt of NOA Transmittal Letter from USCA on 4/8/09, Re: USCA Case Number:09-11718-G for #185 Notice of Appeal,, filed by Tiara Condominium Association, Inc.. (nc)
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Filing 190
ORDER REFERRING MOTION: #181 Defendant's MOTION for Attorney Fees and Costs filed by Marsh, USA, Inc. referred to Magistrate Judge James M. Hopkins. Signed by Judge Daniel T. K. Hurley on 4/15/09. (lr)
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Filing 189
Amended NOTICE OF APPEAL of #178 Judgment, #131 Order on Motion to Take Deposition, Order on Motion for Discovery, Order on Motion to Produce, #132 Order, #187 Order on Motion for Reconsideration, #179 Order on Motion for Summary Judgment by Tiara Condominium Association, Inc.. Within ten days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Leavitt, Wendy)
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Filing 188
TRANSCRIPT INFORMATION FORM by Tiara Condominium Association, Inc. re #185 Notice of Appeal,,. Hearing transcript. Order placed by Wendy S. Leavitt. (Leavitt, Wendy)
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Filing 187
ORDER denying #180 Plaintiff's Motion for Reconsideration. Signed by Judge Daniel T. K. Hurley on 4/8/09. (lr)
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Filing 186
MEMORANDUM OF LAW, MEMORANDUM in Opposition re #180 MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment Defendant, Marsh USA INC.'s Memorandum of Law in Opposition to Tiara Condominium's Motion to Alter or Amend Judgment and For Relief from Judgment by Marsh, USA, Inc.. (Anania, Francis)
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Transmission of Notice of Appeal, Docket Sheet and Orders under appeal sent to US Court of Appeals re #185 Notice of Appeal, as to Tiara Condominium Association, Inc (nc)
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Filing 184
NOTICE by Marsh, USA, Inc. re #181 Defendant's MOTION for Attorney Fees and Costs, #182 Memorandum of Law, Memorandum in Support of Filing Affidavit of Gerald F. Richman (Attachments: #1 Affidavit of Gerald F. Richman, #2 Exhibit A)(Anania, Francis)
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Filing 183
NOTICE by Marsh, USA, Inc. re #181 Defendant's MOTION for Attorney Fees and Costs, #182 Memorandum of Law, Memorandum in Support of Filing Affidavit of Lawrence O. Kamin (Attachments: #1 Affidavit of Lawrence O. Kamin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18 - Part I of II, #20 Exhibit 18 - Part II of II, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23)(Anania, Francis)
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Filing 182
MEMORANDUM OF LAW, MEMORANDUM in Support re #181 Defendant's MOTION for Attorney Fees and Costs by Marsh, USA, Inc.. (Anania, Francis)
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Filing 181
Defendant's MOTION for Attorney Fees and Costs by Marsh, USA, Inc.. Responses due by 4/20/2009 (Anania, Francis)
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Filing 185
NOTICE OF APPEAL by Tiara Condominium Association, Inc re #178 Judgment, #131 Order on Motion to Take Deposition, Order on Motion for Discovery, Order on Motion to Produce, #132 Order, #179 Order on Motion for Summary Judgment. Filing fee $ 455.00, receipt number 725654. Within ten days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (nc)
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Filing 180
MOTION for Reconsideration re #178 Judgment, #179 Order on Motion for Summary Judgment by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A. Tiara's Supplemental Answers/Objections to Marsh's Interrogatories re Damages, #2 Exhibit B. 2004 Insurance Policy Issued by Citizens, #3 Exhibit C. Email fro Lou Brindisi to Tiara re Settlement dated 3/13/06, #4 Exhibit D. Letter from N. Hewitt to D. Phillip dated 4/23/02, #5 Exhibit E. Insurance Program Review, #6 Exhibit F. 4/30/02 Email from J. Quinlan to N. Hewitt, #7 Exhibit G. Insurable Value Appraisal, #8 Exhibit H. Meeting Minutes from Special Meeting of Tiara's Board dated 3/25/02, #9 Exhibit I. Letter from W. Leffew (AASI) to J. Quinlan dated 2/18/04, #10 Exhibit J. Handwritten Worksheet for Appraisal done 02/04, #11 Exhibit K. Fax from S. Diana to Customer Service Dept. at Citizens dated 4/2/04, #12 Exhibit L. Insurance Proposal for Tiara for Renewal 6/1/04 Prepared by Marsh, #13 Exhibit M. Email from S. Diana to E. Williams re Appraisal Quote dated 3/09/05, #14 Exhibit N. Fax from K. Leffew to N. Hewitt re Tiara Update dated 4/14/05, #15 Exhibit O. Insurable Value Appraisal dated 5/01/05, #16 Exhibit P. Email from Tiara to N. Hewitt re Placement of Tiara Insurance dated 5/25/05, #17 Exhibit Q. Fax from N. Ramlogan to Wind Only Underwriting dated 6/08/05, #18 Exhibit R. Email from J. Simione to N. Hewitt dated 4/02/02, #19 Exhibit S. Email from J. Simione to N. Hewitt and R. Croes re 4/15/02 meeting dated 4/17/02, #20 Exhibit T. Memo re Appointment of Marsh, #21 Exhibit U. Email from T. Habinck to N. Hewitt re Request for Copy dated 1/23/05, #22 Exhibit V. Email from N. Hewitt to N. Adams re Advance dated 1/26/05, #23 Exhibit W. Testimony of N. Hewitt, #24 Exhibit X. Testimony of N. Adams, #25 Exhibit Y. Citizens Counterclaim Against Tiara, #26 Exhibit Z. Testimony of L. Brindisi, #27 Exhibit AA. Testimony of N. Adams, #28 Exhibit BB. Testimony of D. Bostick, #29 Exhibit CC. Citizens' Reservation of Rights Letter dated 6/24/05, #30 Exhibit DD. Letter from Powers, McNalis & Torres dated 8/01/05, #31 Exhibit EE. Tiara Board of Governor Meeting Minutes dated 8/08/05, #32 Exhibit FF. Tiara's Statement of Contested Facts In Opporsition to Marsh's Motion for SJ dated 9/22/05, #33 Exhibit GG. Manuscript Policy, #34 Exhibit HH. Email from J. Clark to T. Habinck dated 2/03/05, #35 Exhibit II. Email from J. McAnally to N. Hewitt dated 12/20/04, #36 Exhibit JJ. Testimony of S. Stein)(Leavitt, Wendy)
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Filing 179
ORDER granting #93 Motion for Summary Judgment. Case Closed. Signed by Judge Daniel T. K. Hurley on 3/3/09. (ail)
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Filing 178
FINAL JUDGMENT in favor of the Defendant against the Plaintiff. Signed by Judge Daniel T. K. Hurley on 3/3/2009. (ail)
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Filing 177
Exhibit List - Second Amended by Tiara Condominium Association, Inc... (Leavitt, Wendy)
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Filing 176
ENDORSED ORDER denying as moot #123 Motion in Limine; denying as moot #124 Motion in Limine; denying as moot #125 Motion in Limine; denying as moot #126 Motion in Limine; denying as moot #127 Motion in Limine Signed by Judge Daniel T. K. Hurley on 1/9/2009. (lc1)
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Filing 175
ORDER denying as moot #117 ; #118 ; #119 ; #120 ; #122 ; #123 ; #124 ; #125 ; #126 & #127 Motions in Limine. Signed by Judge Daniel T. K. Hurley on 1/8/09. (lr)
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Filing 174
ORDER denying as moot #63 Motion to Dismiss; denying as moot #64 Motion for Hearing. Signed by Judge Daniel T. K. Hurley on 1/8/09. (lr)
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Filing 173
ORDER Granting Plaintiff's Motion to Compel #167 . Defendants shall produce the responsive documents, as well as a sworn statement regarding any missing documents, to Plaintiff within five (5) days of this Order. Signed by Magistrate Judge James M. Hopkins on 1/2/2009. (tmn)
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Filing 172
ENDORSED ORDER granting #164 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. The motion for limited appearance is granted. Christopher J. St. Jeanos, Esq. is permitted to appear on behalf of defendants in this matter. Signed by Judge Daniel T. K. Hurley on 12/27/2008. (lc2)
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Filing 171
REPLY to Response to Motion re #167 MOTION to Compel Production of Documents (Renewed) [D.E. 130] MOTION to Compel Production of Documents (Renewed) [D.E. 130] filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Stein's Expert Witness Report, #2 Exhibit B - Stein's Deposition Transcript Excerpt, #3 Exhibit C - Minikel Deposition Transcript Excerpt, #4 Exhibit D - Marsh's Supplemental Responses and Objections to Tiara's 5th Document Request)(Leavitt, Wendy)
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Filing 170
RESPONSE/REPLY to #140 Response in Opposition to Motion,, #126 Fifth MOTION in Limine To Exclude the Opening Expert Reports of Plaintiff's Experts, Daniel Tinney and Carl Fedde, and to Preclude Testimony Regarding the Subjects Raised in Those Opening Expert Reports and Memorandum in Support Thereof filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit a, #2 Exhibit b, #3 Exhibit c)(Anania, Francis)
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Filing 169
RESPONSE in Opposition re #167 MOTION to Compel Production of Documents (Renewed) [D.E. 130] MOTION to Compel Production of Documents (Renewed) [D.E. 130] filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit A)(Anania, Francis)
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Pursuant to DE#168, Set/Reset Deadlines as to #167 MOTION to Compel Production of Documents (Renewed) [D.E. 130]. Responses due by 12/19/2008 Replies due by 12/23/2008. (dg)
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Filing 168
ORDER taking under advisement #167 Plaintiff's Motion to Compel and ordering expedited briefing. Defendants shall respond to the motion by 12/19/08 and Plaintiff's reply is due on 12/23/08. Signed by Magistrate Judge James M. Hopkins on 12/15/08. (lc2)
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Filing 167
MOTION to Compel Production of Documents (Renewed) [D.E. 130] by Tiara Condominium Association, Inc.. Responses due by 1/2/2009 (Attachments: #1 Exhibit A - Deposition of Edward Minikel, #2 Exhibit B - Plaintiff's Request to Produce, #3 Exhibit C - Defendant Marsh's Responses, #4 Text of Proposed Order on Plaintiff's Renewed Motion to Compel)(Leavitt, Wendy)
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Filing 166
ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Marsh, USA, Inc..(Anania, Francis)
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Filing 165
RESPONSE in Opposition re #126 Fifth MOTION in Limine To Exclude the Opening Expert Reports of Plaintiff's Experts, Daniel Tinney and Carl Fedde, and to Preclude Testimony Regarding the Subjects Raised in Those Opening Expert Reports and Memorandum in Support Thereof and #154 Supplemental Memorandum in Support filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Southern Confidentiality Order, #2 Exhibit B - Tiara's RFP to Marsh, #3 Exhibit C - 7/25/08 Letter, #4 Exhibit D - Stemple Depo. Excerpt)(Leavitt, Wendy)
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Filing 163
ORDER granting #133 Motion for Reconsideration regarding motions to compel. Otherwise discovery remains closed. Signed by Judge Daniel T. K. Hurley on 12/9/08. (lr)
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Pursuant to DE#162, Set/Reset Answer Due Deadline: Marsh, USA, Inc. response due 12/10/2008. (dg)
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Filing 162
ENDORSED ORDER granting #159 Motion for Extension of Time to Respond to Third Amended Complaint. Defendant's motion is granted. Defendant shall respond to the Third Amended Complaint by December 10, 2008. Signed by Judge Daniel T. K. Hurley on 12/8/2008. (lc2)
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Filing 164
The Marsh Defendants' Unopposed, Verified MOTION to Allow Pro Hac Vice Admission of Christopher J. St. Jeanos, Filing Fee $75.00, Receipt #725114. (cw)
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Filing 161
RESPONSE/REPLY to #138 Response in Opposition to Motion, #124 Third MOTION in Limine to Exclude the Self-Styled "Rebuttal" Report Provided by Plaintiff's Expert, Daniel D. Tinney, and to Preclude Any Expert Testimony Regarding Subjects First Raised in the "Rebuttal" Report and Memorandu m of Law filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Anania, Francis)
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Filing 160
RESPONSE/REPLY to #145 Response in Opposition to Motion,, #123 Second MOTION in Limine To Preclude Tiara's Experts, William D. Hager and William A. Walker, From (1) Opining on Whether Marsh Breached Its Duties and (2) Opining on "Florida Law" and Memorandum in Support ThereofSecond MOTION in Limine To Preclude Tiara's Experts, William D. Hager and William A. Walker, From (1) Opining on Whether Marsh Breached Its Duties and (2) Opining on "Florida Law" and Memorandum in Support Thereof filed by Marsh, USA, Inc.. (Anania, Francis)
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Filing 159
Unopposed MOTION for Extension of Time to File Response as to #146 Amended Complaint by Marsh, USA, Inc.. (Anania, Francis)
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Filing 158
REPLY to Response to Motion re #117 MOTION in Limine to Preclude Marsh USA, Inc. From Introducing Evidence of Other Claims or Proceedings Not at Issue in this Trial filed by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 157
REPLY to Response to Motion re #118 MOTION in Limine to Exclude Testimony of Defendant Marsh USA, Inc.'s Experts filed by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 156
REPLY to Response to Motion re #133 Plaintiff's MOTION for Reconsideration re #131 Order on Motion to Take Deposition, Order on Motion for Discovery, Order on Motion to Produce filed by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 155
Clerks Notice of Docket Correction and Instruction to Filer re #153 Response/Reply (Other) filed by Marsh, USA, Inc.. Error - No Document Link; Correction - Document linked properly by Clerk. Instruction to filer - In the future, please link the document to the proper entry. It is not necessary to refile this document. (gp)
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Filing 154
Supplemental MEMORANDUM in Support re #140 Response in Opposition to Motion,, #126 Fifth MOTION in Limine To Exclude the Opening Expert Reports of Plaintiff's Experts, Daniel Tinney and Carl Fedde, and to Preclude Testimony Regarding the Subjects Raised in Those Opening Expert Reports and Memorandum in Support Thereof filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Anania, Francis) Modified text on 12/1/2008 (gp).
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Filing 153
RESPONSE/REPLY Memorandum of Law in Further Support of its #122 First Motion in Limine Relating to Coverage Available under Citizens Wind Damage Policy filed by Marsh, USA, Inc.. (Anania, Francis) Modified to add relationship/linkage to Motion on 12/1/2008 (gp).
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Filing 152
MEMORANDUM in Support re #137 Response to Motion,, #125 Fourth MOTION in Limine to Preclude Plaintiff's Expert Witness, William A. Walker, from Providing Previously-Undisclosed Opinion Testimony Regarding "Law And Ordinance" Coverage and Memorandum in Support Thereof filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit A Depo of Scott Stein, #2 Exhibit B Stein Report)(Anania, Francis)
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Filing 151
MEMORANDUM in Support re #127 Sixth MOTION in Limine to Exclude Personal Hardship Evidence and Memorandum in Support Thereof filed by Marsh, USA, Inc.. (Anania, Francis)
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Filing 150
REPLY to Response to Motion re #120 MOTION in Limine To Exclude Evidence of Citizens' Internal Policies filed by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 149
REPLY to Response to Motion re #119 MOTION in Limine to Exclude Testimony That "Everyone" Was Underinsured filed by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 148
RESPONSE in Opposition re #133 Plaintiff's MOTION for Reconsideration re #131 Order on Motion to Take Deposition, Order on Motion for Discovery, Order on Motion to Produce filed by Marsh, USA, Inc.. (Anania, Francis)
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Filing 147
PRETRIAL STIPULATION Supplemental by Marsh, USA, Inc., Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A Tiara's Exhibit List with Marsh's Objections, #2 Exhibit B Marsh's Exhibit List with Tiara's Objections)(Anania, Francis)
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Filing 146
AMENDED COMPLAINT [Third], filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit 1 - Insurance Proposal, #2 Exhibit 2 - Citizens Wind Damage Policy, #3 Exhibit 3 - 1/5/05 Marsh Letter)(Leavitt, Wendy)
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Filing 145
RESPONSE in Opposition re #123 Second MOTION in Limine To Preclude Tiara's Experts, William D. Hager and William A. Walker, From (1) Opining on Whether Marsh Breached Its Duties and (2) Opining on "Florida Law" and Memorandum in Support ThereofSecond MOTION in Limine To Preclude Tiara's Experts, William D. Hager and William A. Walker, From (1) Opining on Whether Marsh Breached Its Duties and (2) Opining on "Florida Law" and Memorandum in Support Thereof filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Report of William Hager, #2 Exhibit B - Report of William Walker)(Leavitt, Wendy)
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Filing 144
MEMORANDUM in Opposition re #117 MOTION in Limine to Preclude Marsh USA, Inc. From Introducing Evidence of Other Claims or Proceedings Not at Issue in this Trial filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21 - Part I of II, #22 Exhibit 21 - Part II of II)(Anania, Francis)
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Filing 143
MEMORANDUM in Opposition re #118 MOTION in Limine to Exclude Testimony of Defendant Marsh USA, Inc.'s Experts filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13 - Part I of III, #14 Exhibit 13 - Part II of III, #15 Exhibit 13 - Part III of III)(Anania, Francis)
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Filing 142
RESPONSE in Opposition re #127 Sixth MOTION in Limine to Exclude Personal Hardship Evidence and Memorandum in Support Thereof filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Deposition of Dennis Bostick, #2 Exhibit B - Deposition of Ali Kas, #3 Exhibit C - Deposition of Louis T. Brindisi)(Leavitt, Wendy)
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Filing 141
MEMORANDUM in Opposition re #120 MOTION in Limine To Exclude Evidence of Citizens' Internal Policies filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit 1 - 2, #2 Exhibit 3-4, #3 Exhibit 5-6, #4 Exhibit 7, #5 Exhibit 8)(Anania, Francis)
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Filing 140
RESPONSE in Opposition re #126 Fifth MOTION in Limine To Exclude the Opening Expert Reports of Plaintiff's Experts, Daniel Tinney and Carl Fedde, and to Preclude Testimony Regarding the Subjects Raised in Those Opening Expert Reports and Memorandum in Support Thereof filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - 6-30-08 e-mail, #2 Exhibit B - 10-2-08 letter, #3 Exhibit C - 10/10/08 letter, #4 Errata D - 10-15-08 letter, #5 Exhibit E - Deposition of Daniel Tinney)(Leavitt, Wendy)
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Filing 139
MEMORANDUM in Opposition re #119 MOTION in Limine to Exclude Testimony That "Everyone" Was Underinsured filed by Marsh, USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Anania, Francis)
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Filing 138
RESPONSE in Opposition re #124 Third MOTION in Limine to Exclude the Self-Styled "Rebuttal" Report Provided by Plaintiff's Expert, Daniel D. Tinney, and to Preclude Any Expert Testimony Regarding Subjects First Raised in the "Rebuttal" Report and Memorandu filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Deposition of Randolph Goodman, #2 Exhibit B - Report of Daniel Tinney)(Leavitt, Wendy)
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Filing 137
RESPONSE to Motion re #125 Fourth MOTION in Limine to Preclude Plaintiff's Expert Witness, William A. Walker, from Providing Previously-Undisclosed Opinion Testimony Regarding "Law And Ordinance" Coverage and Memorandum in Support Thereof filed by Tiara Condominium Association, Inc.. Replies due by 11/24/2008. (Attachments: #1 Exhibit A - Report of William Walker, #2 Exhibit B - Deposition of William Walker, #3 Exhibit C - Deposition of Scott Stein)(Leavitt, Wendy)
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Filing 136
RESPONSE in Opposition re #122 First MOTION in Limine Relating to Coverage Available Under Citizens Wind Damage Policy and Memorandum of Law in Support Thereof filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Depo. Excerpt, William Merlin, #2 Exhibit B - Settlement Agreement - Citizens Litigation, #3 Exhibit C - Depo. Excerpt, Louis Brindisi, #4 Exhibit D - Depo. Excerpt, Dennis Bostick, #5 Exhibit E - Depo. Excerpt, Edward Kisco, Jr., #6 Exhibit F - Depo. Excerpt, Susan Bennett)(Leavitt, Wendy)
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Filing 135
NOTICE by Tiara Condominium Association, Inc. re #103 Memorandum in Opposition attaching Letter to Judge Hurley in Further Support (Leavitt, Wendy)
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Filing 134
NOTICE by Marsh, USA, Inc. re #93 Defendant's MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Attachments: #1 Ltr. to Judge Hurley Exhibits A-E, #2 Exhibit F-G)(Anania, Francis)
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Filing 133
Plaintiff's MOTION for Reconsideration re #131 Order on Motion to Take Deposition, Order on Motion for Discovery, Order on Motion to Produce by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 132
ORDER requiring more definite statement. Signed by Judge Daniel T. K. Hurley on 11/3/08. (lr)
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Set Deadlines/Hearings per Order at DE #131 : Calendar Call reset for 12/12/2008 02:00 PM in West Palm Beach Division before Judge Daniel T. K. Hurley. Jury Trial reset for 1/5/2009 09:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. (bb)
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Filing 131
ORDER denying #130 Motion to Take Deposition; Motion for Discovery; Motion to Produce & Resetting trial to the January 2009 calendar. Signed by Judge Daniel T. K. Hurley on 10/28/08. (lr)
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Filing 130
Plaintiff's MOTION to Take Deposition from Neil Hewitt, Plaintiff's MOTION for Discovery to be Reopened and for Expedited Briefing ( Responses due by 11/10/2008), Plaintiff's MOTION to Produce Additional Documents and for an Adverse Inference Instruction by Tiara Condominium Association, Inc.. (Attachments: #1 Tiara's First Set of Discovery Requests to Marsh, #2 Marsh's Responses to Tiara's First Set of Document Requests, #3 Deposition Excerpt of N. Hewitt Deposition, #4 Tiara's Fourth Set of Discovery Requests to Marsh, #5 Marsh's Responses and Objections to Tiara's Fourth Set of Discovery Requests, #6 Deposition Excerpt of E. Minikel Deposition, #7 Tiara's Fifth Set of Document Requests to Marsh, #8 Marsh's Responses and Objections to Marsh's Fifth Set of Document Requests, #9 Text of Proposed Order)(Leavitt, Wendy)
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Filing 129
Exhibit List by Tiara Condominium Association, Inc... (Leavitt, Wendy)
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Filing 128
NOTICE by Marsh, USA, Inc. re #126 Fifth MOTION in Limine To Exclude the Opening Expert Reports of Plaintiff's Experts, Daniel Tinney and Carl Fedde, and to Preclude Testimony Regarding the Subjects Raised in Those Opening Expert Reports and Memorandum in Support Thereof - Notice of Filing Proposed Order (Attachments: #1 Text of Proposed Order)(Anania, Francis)
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Filing 127
Sixth MOTION in Limine to Exclude Personal Hardship Evidence and Memorandum in Support Thereof by Marsh, USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Anania, Francis)
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Filing 126
Fifth MOTION in Limine To Exclude the Opening Expert Reports of Plaintiff's Experts, Daniel Tinney and Carl Fedde, and to Preclude Testimony Regarding the Subjects Raised in Those Opening Expert Reports and Memorandum in Support Thereof by Marsh, USA, Inc.. (Attachments: #1 Exhibit A)(Anania, Francis)
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Filing 125
Fourth MOTION in Limine to Preclude Plaintiff's Expert Witness, William A. Walker, from Providing Previously-Undisclosed Opinion Testimony Regarding "Law And Ordinance" Coverage and Memorandum in Support Thereof by Marsh, USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Anania, Francis)
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Filing 124
Third MOTION in Limine to Exclude the Self-Styled "Rebuttal" Report Provided by Plaintiff's Expert, Daniel D. Tinney, and to Preclude Any Expert Testimony Regarding Subjects First Raised in the "Rebuttal" Report and Memorandum in Support Thereof by Marsh, USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Anania, Francis)
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Filing 123
Second MOTION in Limine To Preclude Tiara's Experts, William D. Hager and William A. Walker, From (1) Opining on Whether Marsh Breached Its Duties and (2) Opining on "Florida Law" and Memorandum in Support Thereof by Marsh, USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Anania, Francis)
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Filing 122
First MOTION in Limine Relating to Coverage Available Under Citizens Wind Damage Policy and Memorandum of Law in Support Thereof by Marsh, USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Anania, Francis)
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Filing 121
PRETRIAL STIPULATION by Marsh, USA, Inc., Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Tiara's Witness List, #2 Exhibit B - Marsh's Witness List)(Leavitt, Wendy)
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Filing 120
MOTION in Limine To Exclude Evidence of Citizens' Internal Policies by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Citizens' Answer and Affirmative Defenses, #2 Exhibit B - Citizens' Counterclaim Against Tiara, #3 Exhibit C - Citizens' Bulletin #14)(Leavitt, Wendy)
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Filing 119
MOTION in Limine to Exclude Testimony That "Everyone" Was Underinsured by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 118
MOTION in Limine to Exclude Testimony of Defendant Marsh USA, Inc.'s Experts by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - William Walker Expert Report, #2 Exhibit B - William Hager Expert Report, #3 Exhibit C - Craig Stanovich Expert Report, #4 Exhibit D - Scott Stein Expert Report, #5 Exhibit E - Jeffrey Stempel Expert Report, #6 Exhibit F - Interpreting Insurance Policies Article)(Leavitt, Wendy)
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Filing 117
MOTION in Limine to Preclude Marsh USA, Inc. From Introducing Evidence of Other Claims or Proceedings Not at Issue in this Trial by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Civil Remedy Notice of Insurer Violation)(Leavitt, Wendy)
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Filing 116
ORDER denying Defendants' #110 Motion to Take Additional Depositions. Signed by Magistrate Judge James M. Hopkins on 10/8/08. (lw1)
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Filing 115
REPLY to Response to Motion re #110 MOTION to Take Deposition from Tim Ryles, Louis Brindisi, Larry Streng, Michael Capone, William Merlin, Peter Mollengarden and Rule 30(b)(6) witness from Tiara MOTION to Take Deposition from Tim Ryles, Louis Brindisi, Larry Streng, Michael Capone, William Merlin, Peter Mollengarden and Rule 30(b)(6) witness from Tiara filed by Marsh, USA, Inc.. (Anania, Francis)
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Filing 114
MEMORANDUM in Opposition re #110 MOTION to Take Deposition from Tim Ryles, Louis Brindisi, Larry Streng, Michael Capone, William Merlin, Peter Mollengarden and Rule 30(b)(6) witness from Tiara MOTION to Take Deposition from Tim Ryles, Louis Brindisi, Larry Streng, Michael Capone, William Merlin, Peter Mollengarden and Rule 30(b)(6) witness from Tiara filed by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 113
NOTICE by Marsh, USA, Inc. re #112 Reply to Response to Motion for Summary Judgment (Attachments: #1 Exhibit 31 Marsh's Reply Memo in Support of Its MSJ [Hewitt Depo Excerpts, #2 Exhibit 32 Marsh's Reply Memo in Support of Its MSJ, #3 Exhibit 33 Marsh's Reply Memo in Support of Its MSJ [Sanborn Email re Sworn Statement, #4 Exhibit 34 Marsh's Reply Memo in Support of Its MSJ [Ryles Depo Excerpts, #5 Exhibit 35 Marsh's Reply Memo in Support of Its MSJ [Tiara's Motion for Partial Summary Judgment in Citizens Case, #6 Exhibit 36 Marsh's Reply Memo in Support of Its MSJ [Citizens Bulletin #14, #7 Exhibit 37 Marsh's Reply Memo in Support of Its MSJ [FL Auditor General Report)(Anania, Francis)
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Filing 112
REPLY to Response to Motion re #93 Defendant's MOTION for Summary Judgment and Memorandum of Law in Support Thereof filed by Marsh, USA, Inc.. (Anania, Francis)
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Filing 111
ORDER taking under advisement #110 Defendant's Emergency Motion to Take Additoinal Depositions. In light of the upcoming discovery deadline, the Court hereby Orders the parties to submit to the following expedited briefing schedule: Plaintiff's Response to the motion is due on 10/6/08 and Defendant's Reply is due on 10/7/08. Signed by Magistrate Judge James M. Hopkins on 10/2/08. (lc2)
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Filing 110
MOTION to Take Deposition from Tim Ryles, Louis Brindisi, Larry Streng, Michael Capone, William Merlin, Peter Mollengarden and Rule 30(b)(6) witness from Tiara by Marsh, USA, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Anania, Francis)
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Filing 109
ENDORSED ORDER granting #108 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. The motion for limited appearance is granted. Russell D. Morris, Esq. is permitted to appear on behalf of defendants in this matter. Signed by Judge Daniel T. K. Hurley on 9/30/08. (lc2)
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Filing 108
The Marsh Defendants' Unopposed, Verified MOTION to Allow Pro Hac Vice Admission of Russell D. Morris, Filing Fee $75.00, Receipt #724770. (cw)
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Filing 107
Witness List by Marsh & McLennan Companies, Inc... (Anania, Francis)
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Filing 106
Witness List by Tiara Condominium Association, Inc... (Leavitt, Wendy)
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Filing 105
ORDER on trial preparation. Signed by Judge Daniel T. K. Hurley on 9/24/08. (lc2)
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Filing 104
Statement of: Contested Facts in Opposition to Defendant Marsh USA, Inc.'s Motion for Summary Judgment by Tiara Condominium Association, Inc. re #93 Defendant's MOTION for Summary Judgment and Memorandum of Law in Support Thereof, #95 Notice (Other), #94 Statement. (Attachments: #1 Exhibit 1 - Depo. Excerpt of Susan Bennett, #2 Exhibit 2 - Depo. Excerpt of Norman Adams, #3 Exhibit 3 - Depo. Excerpt of Jack Quinlan, #4 Exhibit 4 - Depo. Excerpt Rosalia Croes, #5 Exhibit 5 - Depo. Excerpt Neil Hewitt, #6 Exhibit 6 - Depo. Excerpt Edward Minikel, #7 Exhibit 7 - Depo. Excerpt of Stacey Diana, #8 Exhibit 8 - Depo. Excerpt of Ali Kass, #9 Exhibit 9 - 2002 Engagement Letter, #10 Exhibit 10 - 2003 Engagement Letter, #11 Exhibit 11 - June 2004 Engagement Letter, #12 Exhibit 12 - July 2004 Engagement Letter, #13 Exhibit 13 - 2/18/04 letter from Hewitt to Quinlan, #14 Exhibit 14 - 1/5/05 letter from Hewitt to Adams, #15 Exhibit 15 - 1/5/05 Email from Minikel to Hewitt, #16 Exhibit 16 - Report of Wayne Walker, #17 Exhibit 17 - Report of William Hager, #18 Exhibit 18 - Report of Carl Feddee)(Leavitt, Wendy)
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Filing 103
MEMORANDUM in Opposition re #95 Notice (Other), #94 Statement, #93 Defendant's MOTION for Summary Judgment and Memorandum of Law in Support Thereof filed by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 102
ENDORSED ORDER granting #99 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. The motion for limited appearance is granted. Lawrence O. Kamin, Esq. is permitted to appear on behalf of defendants in this matter. Signed by Judge Daniel T. K. Hurley on 9/16/08. (lc2)
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Filing 101
ENDORSED ORDER granting #100 Motion for Extension of Time to Complete Discovery. Plaintiff's motion is granted. The parties shall exchange exhibit lists and make exhibits available for inspection by October 20, 2008. The discovery cutoff date is extended to October 17, 2008. Signed by Judge Daniel T. K. Hurley on 9/16/08. (lc2)
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Filing 100
Unopposed MOTION for Extension of Time to Complete Discovery /Amend Discovery Deadlines by Tiara Condominium Association, Inc.. (Attachments: #1 Text of Proposed Order)(Leavitt, Wendy)
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Filing 99
The Marsh Defendants' Unopposed, Verified MOTION to Allow Pro Hac Vice Admission of Lawrence O. Kamin, Filing Fee $75.00, Receipt #724721. (cw)
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Set/Reset Deadlines per Order at DE #98 as to #93 Defendant's MOTION for Summary Judgment and Memorandum of Law in Support Thereof. Motion Hearing set for 10/29/2008 08:30 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. (bb)
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Filing 98
ORDER granting #96 Motion for Hearing and setting oral argument on #93 MOTION for Summary Judgment. Signed by Judge Daniel T. K. Hurley on 9/5/08. (lc2)
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Filing 97
NOTICE of filing proposed order by Marsh, USA, Inc. re #93 Defendant's MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Attachments: #1 Text of Proposed Order)(Anania, Francis) Modified on 9/19/2008 to reflect text(tb).
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Filing 96
Defendant's MOTION for Hearing re #93 Defendant's MOTION for Summary Judgment and Memorandum of Law in Support Thereof by Marsh, USA, Inc.. (Anania, Francis)
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Filing 95
NOTICE by Marsh, USA, Inc. re #94 Statement of Material Facts (Attachments: #1 Exhibits 1 through 10, #2 Exhibits 11 through 18, #3 Exhibits 19 through 30)(Anania, Francis)
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Filing 94
Statement of: Material Facts to Which There is No Genuine Issue to be Tried by Marsh, USA, Inc. re #93 Defendant's MOTION for Summary Judgment and Memorandum of Law in Support Thereof. (Anania, Francis)
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Filing 93
Defendant's MOTION for Summary Judgment and Memorandum of Law in Support Thereof by Marsh, USA, Inc.. Responses due by 9/22/2008 (Anania, Francis)
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Filing 92
Notice of Mediation Hearing before Mediator, James B. Chaplinfiled by James B. Chaplin. Mediation Hearing set for 9/24/2008 10:00 AM (Chaplin, James)
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Filing 91
ENDORSED ORDER granting #80 Motion for Extension of Time to Mediate. Plaintiff's motion is granted. The parties shall mediate this matter by September 24, 2008. Signed by Judge Daniel T. K. Hurley on 8/24/08. (lc2)
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Filing 90
ENDORSED ORDER granting #87 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings; granting #88 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings; granting #89 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. The motions for limited appearance are granted. Samuel M. Leaf, Esq. and Sameer Nitanand Advani, Esq. are permitted to appear on behalf of defendants and Matthew D. Novello, Esq. is permitted to appear on behalf of plaintiff in this matter. Signed by Judge Daniel T. K. Hurley on 8/24/08. (lc2)
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Filing 89
Application to Appear Pro Hac Vice for Matthew D. Novello, Filing Fee $75, Receipt #724634. (cw)
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Filing 86
ORDER Regarding Parties' Proposed Stipulation to Resolve Plaintiff's Motion to Compel. (Please see Order for Details). Signed by Magistrate Judge James M. Hopkins on 8/20/08. (lw)
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Filing 85
ENDORSED ORDER denying as moot #37 Motion to Dismiss. Defendants' motion to dismiss is denied as moot in light of the filing of the second amended complaint and defendants' renewed motion to dismiss. Signed by Judge Daniel T. K. Hurley on 8/19/08. (lc2)
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Filing 84
NOTICE by Tiara Condominium Association, Inc. re #73 MOTION to Compel Answers to Interrogatories Proposed Stipulated Order (Attachments: #1 Text of Proposed Order)(Leavitt, Wendy)
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Filing 88
Defendant Marsh USA, Inc.'s Unopposed, Verified MOTION to Allow Pro Hac Vice Admission of Sameer Nitanand Advani, Filing Fee $75, Receipt #724617. (cw)
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Filing 87
The Marsh Defendants' Unopposed, Verified MOTION to Allow Pro Hac Vice Admission of Samuel M. Leaf, Filing Fee $75, Receipt #724618. (cw)
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Filing 83
Endorsed ORDER denying #81 Motion for Clarification. Defendants' motion to amend the deadlines in the Court's pre-trial scheduling order is denied. Signed by Magistrate Judge James M. Hopkins on 8/12/08. (JMH)
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Filing 82
REPLY to Response to Motion re #63 MOTION to Dismiss #57 Amended Complaint and Memorandum of Law MOTION to Dismiss #57 Amended Complaint and Memorandum of Law filed by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc.. (Anania, Francis)
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Filing 81
Defendant's MOTION for clarification 78 Order on Motion to Stay by Marsh, USA, Inc.. Responses due by 8/25/2008 (Anania, Francis)
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Filing 80
Unopposed MOTION for Extension of Time to Mediate and Notice of Selection of Mediator by Tiara Condominium Association, Inc.. (Attachments: #1 Text of Proposed Order)(Leavitt, Wendy)
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Filing 79
Endorsed ORDER denying #76 Motion to Expedite. Signed by Magistrate Judge James M. Hopkins on 8/5/08. (JMH)
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Filing 78
Endorsed ORDER denying #75 Motion to Stay. Signed by Magistrate Judge James M. Hopkins on 8/5/08. (JMH)
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Filing 77
ORDER dismissing claims and granting in part #72 Motion for Extension of Time to respond to offer of judgment. Signed by Judge Daniel T. K. Hurley on 8/02/2008. (tb)
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Filing 76
MOTION to Expedite Briefing Schedule on Defendants' Motion for Temporary Stay of Discovery Pending Ruling on Defendants' Motion to Dismiss Or, in the Alternative, Motion to Modify Pretrial Schedule by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc.. (Anania, Francis)
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Filing 75
MOTION to Stay DISCOVERY PENDING A RULING ON MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO MODIFY THE PRETRIAL SCHEDULE by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc.. Responses due by 8/18/2008 (Attachments: #1 Declaration of George Conway)(Anania, Francis)
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Filing 74
MEMORANDUM in Opposition re #63 MOTION to Dismiss #57 Amended Complaint and Memorandum of Law MOTION to Dismiss #57 Amended Complaint and Memorandum of Law filed by Tiara Condominium Association, Inc.. (Leavitt, Wendy)
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Filing 73
MOTION to Compel Answers to Interrogatories by Tiara Condominium Association, Inc.. Responses due by 8/18/2008 (Attachments: #1 Text of Proposed Order)(Leavitt, Wendy)
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Filing 72
First MOTION for Extension of Time to File Respond to Marsh USA, Inc.'s Offer of Judgment by Tiara Condominium Association, Inc.. (Attachments: #1 Text of Proposed Order)(Leavitt, Wendy)
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Filing 71
NOTICE of Acceptance with Offer of Judgment by Tiara Condominium Association, Inc. of Marsh, Inc.'s Offer of Judgment (Attachments: #1 Exhibit A - Offer of Judgment)(Leavitt, Wendy)
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Filing 70
ORDER denying #67 Motion for status conference. Signed by Judge Daniel T. K. Hurley on 7/28/08. (lr)
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Filing 69
NOTICE of Acceptance with Offer of Judgment by Tiara Condominium Association, Inc. of Marsh & McLennan Companies, Inc.'s Offer of Judgment (Attachments: #1 Exhibit A - Offer of Judgment)(Leavitt, Wendy)
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Filing 68
NOTICE by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc. re #67 Defendant's MOTION for Hearing Status Conference (Anania, Francis)
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Filing 67
Defendant's MOTION for Hearing Status Conference by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc.. (Anania, Francis)
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Filing 66
Endorsed ORDER granting #65 Motion for Protective Order. Signed by Magistrate Judge James M. Hopkins on 7/18/08. (JMH)
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Filing 65
Consent MOTION for Protective Order by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc.. (Attachments: #1 Proposed Order Granting Consent Motion for Protective Order)(Anania, Francis)
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Filing 64
MOTION for Hearing re #63 MOTION to Dismiss #57 Amended Complaint and Memorandum of Law MOTION to Dismiss #57 Amended Complaint and Memorandum of Law by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc.. (Anania, Francis)
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Filing 63
MOTION to Dismiss #57 Amended Complaint and Memorandum of Law by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc.. Responses due by 7/31/2008 (Attachments: #1 Exhibit Order Granting Motion for Judgment re: Goodman v. Tiara)(Anania, Francis)
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Filing 62
ORDER denying Approval of Parties' Consent Motion for Entry of Protective Order Without Prejudice to Renew #61 . Signed by Magistrate Judge James M. Hopkins on 7/3/08. (lw)
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Filing 61
Consent MOTION for Protective Order by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Consent Motion for Protective Order)(Anania, Francis)
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Filing 60
NOTICE of Docket Correction and Instruction to Filer: re #58 Notice (Other) filed by Marsh & McLennan Companies, Inc. Error: Wrong Event Selected; Correction=Redocketed as 59 Notice for PHV Attorney to Receive Electronic Notification. Instruction to Filer=In the future please select the proper Event, found under Notices. (gp)
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Filing 59
Notice to the Court for Pro Hac Vice Attorney to Receive Electronic Notification by Marsh, USA, Inc. **For Image please see DE #58 ** (gp)
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Filing 58
NOTICE by Marsh & McLennan Companies, Inc. to Receive Electronic Notification (Anania, Francis)
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Filing 57
AMENDED COMPLAINT (Second) & Jury Demand, filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Leavitt, Wendy)
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Filing 56
ORDER granting #54 Motion to Amend Pretrial Deadlines; granting #55 Motion for Leave to File Amended Complaint which shall be filed separately in court file. Signed by Judge Daniel T. K. Hurley on 6/24/08. (lr)
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Filing 55
MOTION for Leave to File Second Amended Complaint by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A - Second Amended Complaint w/Exhibits, #2 Exhibit B - Case)(Leavitt, Wendy)
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Filing 54
Unopposed MOTION to Amend/Correct Deadlines for Submitting Expert Testimony Disclosures and Filing Motions for Summary Judgment by Marsh & McLennan Companies, Inc.. Responses due by 7/7/2008 (Attachments: #1 Text of Proposed Order Order)(Anania, Francis)
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Filing 53
ENDORSED ORDER granting #52 Motion for Leave to Appear. The motion is granted. Mitchell J. Auslander, Esq. is permitted to appear on behalf of defendants in this matter. Signed by Judge Daniel T. K. Hurley on 4/17/08. (lc2)
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Filing 52
MOTION for Leave to Appear Renewed Motion to Allow (Auslander) Pro Hac Vice Admission by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc.. Responses due by 4/30/2008 (Attachments: #1 Text of Proposed Order)(Anania, Francis)
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Filing 51
MEMORANDUM in Support re #37 MOTION to Dismiss #35 Case Transferred In - District Transfer, Plaintiff's Amended Complaint and Memorandum of Law in Support Thereof filed by Marsh & McLennan Companies, Inc.. (Attachments: #1 Exhibit Feb 29 letter to Honorable H. Baer, Jr.)(Anania, Francis)
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Filing 50
NOTICE of Docket Correction: re #40 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Mitchell J. Auslander, Filing Fee $75, Receipt #723988 Error: Original image was incomplete due to a scanning error ; Correction= Image Has Been Replaced with a complete image of original document on file with the Clerk's Office; (mb)
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Filing 49
ENDORSED ORDER granting #44 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings, granting #45 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings, granting #46 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings, granting #47 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. The motions for limited appearance are granted. Don Blevins, Esq., Mark L. McAlpine, Esq., Richard M. Delonis, Esq., and Marcus R. Sanborn, Esq. are permitted to appear on behalf of plaintiff in this matter. Signed by Judge Daniel T. K. Hurley on 4/10/08. (lc2)
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SYSTEM ENTRY - Document 40, filed on 04/04/2008, modified/deleted by (mb)
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Attorney Mitchell Jay Auslander terminated per Order at DE #48 . Sent terminated attorney(s) instructions for tracking future case activity. (bb)
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Filing 48
ORDER denying #40 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Attorney Mitchell Jay Auslander. Signed by Judge Daniel T. K. Hurley on 4/9/08. (lr)
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Filing 47
Application to Appear Pro Hac Vice for Marcus R. Sanborn, Filing Fee $75, Receipt #724001. (cw)
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Filing 46
Application to Appear Pro Hac Vice for Richard M. Delonis, Filing Fee $75, Receipt #724001. (cw)
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Filing 45
Application to Appear Pro Hac Vice for Mark L. McAlpine, Filing Fee $75, Receipt #724001. (cw)
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Filing 44
Application to Appear Pro Hac Vice for Don Blevins, Filing Fee $75, Receipt #724001. (cw)
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Filing 43
ENDORSED ORDER granting #41 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings, granting #42 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. The above-described motions for limited appearance are granted. Gregory Conway, Esq. and Katharine Nora Monin, Esq. are permitted to appear on behalf of defendants in this matter. Signed by Judge Daniel T. K. Hurley on 4/8/08. (lc2)
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Filing 42
The Marsh Defendants' Verified MOTION to Allow Pro Hac Vice Admission of Katharine Nora Monin, Filing Fee $75, Receipt #723990. (cw)
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Filing 41
The Marsh Defendants' Verified MOTION to Allow Pro Hac Vice Admission of Gregory Conway, Filing Fee $75, Receipt #723989. (cw)
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Filing 40
The Marsh Defendants' Verified MOTION to Allow Pro Hac Vice Admission of Mitchell J. Auslander, Filing Fee $75, Receipt #723988. (cw) Additional attachment(s) added on 4/10/2008 (mb).
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Filing 39
MEMORANDUM in Opposition re #37 MOTION to Dismiss #35 Case Transferred In - District Transfer, Plaintiff's Amended Complaint and Memorandum of Law in Support Thereof of Plaintiff filed by Tiara Condominium Association, Inc.. (Attachments: #1 Exhibit A)(Ackerman, David)
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Filing 38
NOTICE of Attorney Appearance by David Paul Ackerman on behalf of Tiara Condominium Association, Inc. (Ackerman, David)
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Filing 37
MOTION to Dismiss #35 Case Transferred In - District Transfer, Plaintiff's Amended Complaint and Memorandum of Law in Support Thereof by Marsh, Inc., Marsh, USA, Inc., Marsh & McLennan Companies, Inc.. Responses due by 4/4/2008 (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Text of Proposed Order)(Anania, Francis)
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Filing 36
ORDER SETTING TRIAL Date and Discovery Deadlines, ORDER REFERRING CASE to Mediation, "VACATED" ORDER REFERRING CASE to Magistrate Judge James M. Hopkins for Discovery. Trial set for 11/3/2008 in West Palm Beach Division before Judge Daniel T. K. Hurley. Calendar Call set for 10/24/2008 02:00 PM in West Palm Beach Division before Judge Daniel T. K. Hurley.Signed by Judge Daniel T. K. Hurley on 3/17/08.(gp) Modified on 2/13/2014 (ls). (Vacating Reference of Discovery per DE #397 )
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Filing 35
Case transferred in from USDC/Souhtern District of New York (Foley Square); Case Number 07cv09392-HB. Electronic file consisting of documents numbered 1-34, including transfer order and docket sheet received., filed by Tiara Condominium Association, Inc.. (Attachments: #1 #2 #3 #4)(vt)
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