DAK Property Holdings, Inc. v. Independent Specialty Insurance Company et al
Plaintiff: DAK Property Holdings, Inc.
Defendant: Independent Specialty Insurance Company, CERTAIN UNDERWRITERS AT LLOYD'S, and Certain Underwriters at Lloyd's London
Case Number: 2:2023cv00417
Filed: June 8, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Kyle C Dudek
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. ยง 0001 U.S. Arbitration Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2023 Opinion or Order Filing 25 ORDER granting #13 Motion to Compel Arbitration. If no objections to this Order are filed within the time allotted under Fed. R. Civ. P. 72, the parties are required to arbitrate this dispute in accordance with their agreement. If no objections to this Order are filed within the time allotted under Fed. R. Civ. P. 72, the Clerk is directed to ENTER A STAY and ADMISTRATIVELY CLOSE THE CASE. The parties must file a written status report on September 29, 2023, and every 90 days thereafter until arbitration is complete. If objections are timely filed, the Clerk is directed to hold disposition until so ordered by the District Judge. Signed by Magistrate Judge Kyle C. Dudek on 7/31/2023. (CGW)
July 28, 2023 Opinion or Order Filing 24 REPLY to Response to Motion re #13 MOTION to Dismiss filed by Certain Underwriters at Lloyd's London, Independent Specialty Insurance Company. (Page, Wesley)
July 20, 2023 Opinion or Order Filing 23 ENDORSED ORDER granting in part and denying in part #21 Motion for Leave to File Reply Brief. Defendants have presented good cause to allow a reply brief. However, the Court finds the proposed length (10 pages) and timing (14-days) unacceptable. The Court will allow a 7-page brief, filed no later than July 28, 2023. Defendants' motion is denied to the extent it seeks any relief different than ordered above. Signed by Magistrate Judge Kyle C. Dudek on 7/20/2023. (Dudek, Kyle)
July 20, 2023 Opinion or Order Filing 22 ENDORSED ORDER denying Docket Entry 20 as moot since Defendants have filed a subsequent motion seeking the same relief. Signed by Magistrate Judge Kyle C. Dudek on 7/20/2023. (Dudek, Kyle)
July 20, 2023 Opinion or Order Filing 21 MOTION for Miscellaneous Relief, specifically Leave to File Reply to document 18 by All Defendants. (Page, Wesley) Motions referred to Magistrate Judge Kyle C. Dudek.
July 20, 2023 Opinion or Order Filing 20 MOTION for Miscellaneous Relief, specifically Leave to File Reply to Document 16 by All Defendants. (Page, Wesley) Motions referred to Magistrate Judge Kyle C. Dudek.
July 19, 2023 Opinion or Order Filing 19 ENDORSED ORDER denying as moot #17 Motion for Extension of Time given Plaintiff has since filed a a response to the pending motion, which the Court will accept as timely. Signed by Magistrate Judge Kyle C. Dudek on 7/19/2023. (Dudek, Kyle)
July 18, 2023 Opinion or Order Filing 18 RESPONSE in Opposition re #13 MOTION to Dismiss filed by DAK Property Holdings, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(DeMiles, James)
July 17, 2023 Opinion or Order Filing 17 MOTION for Extension of Time to File Application for Relief from Arbitration by DAK Property Holdings, Inc.. (DeMiles, James) Motions referred to Magistrate Judge Kyle C. Dudek.
July 17, 2023 Opinion or Order Filing 16 CORPORATE Disclosure Statement by DAK Property Holdings, Inc.. (Benjamin, David)
July 13, 2023 Opinion or Order Filing 15 NOTICE of Lead Counsel Designation by David Benjamin on behalf of DAK Property Holdings, Inc. Lead Counsel: James DeMiles. (Benjamin, David) Modified on 7/14/2023 to edit the docket text (RPB).
July 6, 2023 Opinion or Order Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Certain Underwriters at Lloyd's London, Independent Specialty Insurance Company. Related case(s): Yes (Page, Wesley)
June 29, 2023 Opinion or Order Filing 13 MOTION to Dismiss and/or to Stay Litigation and to Compel Arbitration by All Defendants. (Page, Wesley) (Modified on 6/30/2023 to edit docket text) (JDR).
June 22, 2023 Opinion or Order Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Certain Underwriters at Lloyd's London, Independent Specialty Insurance Company identifying Corporate Parent Markel Corporation for Certain Underwriters at Lloyd's London, Independent Specialty Insurance Company. (Page, Wesley) Modified text on 6/23/2023 (JK).
June 22, 2023 Opinion or Order Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Certain Underwriters at Lloyd's London, Independent Specialty Insurance Company. Related case(s): Yes (Page, Wesley)
June 22, 2023 Opinion or Order Filing 10 CERTIFICATE of counsel by Wesley Christian Page on behalf of Certain Underwriters at Lloyd's London, Independent Specialty Insurance Company (Page, Wesley)
June 20, 2023 Opinion or Order Set/reset deadlines/hearings: for All Defendants. Answer due by 6/29/2023. (JK)
June 20, 2023 Opinion or Order Filing 9 ENDORSED ORDER. This matter comes to the Court's attention upon review of the docket. By 6/29/2023, Defendants must either respond to the Complaint or re-file their Motion to Dismiss (Doc. 1-3 at 136) pursuant to Local Rule 1.06(c). Signed by Magistrate Judge Kyle C. Dudek on 6/20/2023. (AK)
June 12, 2023 Opinion or Order Filing 8 HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to #7 the Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 6/12/2023. (Attachments: #1 Exhibit A.) (CGW)
June 12, 2023 Opinion or Order Filing 7 CASE MANAGEMENT AND SCHEDULING ORDER: (HURRICANE IAN) : See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 6/12/2023. (CGW)
June 12, 2023 Opinion or Order Filing 6 CIVIL Action Order Signed by All Divisional Judges on 6/12/2023. (JK)
June 12, 2023 Opinion or Order Filing 5 COMPLAINT against Certain Underwriters at Lloyd's London, Independent Specialty Insurance Company with Jury Demand filed by DAK Property Holdings, Inc. FILED in State Court on 05/01/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(JK)
June 9, 2023 Opinion or Order Filing 4 NOTICE TO COUNSEL David Benjamin of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (AET)
June 9, 2023 Opinion or Order Filing 3 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-417-SPC-KCD. (AET)
June 9, 2023 Opinion or Order Filing 2 NOTICE of Lead Counsel Designation by Wesley Christian Page on behalf of subscribing to Certain Underwriters at Lloyd's London, Independent Specialty Insurance Company. Lead Counsel: Wesley C. Page. (Page, Wesley) Modified text on 6/9/2023 (JK).
June 8, 2023 Opinion or Order Filing 1 COMPLAINT and NOTICE OF REMOVAL from Lee County Circuit Court, case number 23-CA-006146 filed in State Court on May 1, 2023. Filing fee $402, receipt number AFLMDC-20922555 filed by All Defendants. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Page, Wesley)

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Plaintiff: DAK Property Holdings, Inc.
Represented By: James Angelo DeMiles
Represented By: David Benjamin
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Defendant: Independent Specialty Insurance Company
Represented By: Wesley Christian Page
Represented By: Brian P. Henry
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Defendant: CERTAIN UNDERWRITERS AT LLOYD'S,
Represented By: Wesley Christian Page
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Defendant: Certain Underwriters at Lloyd's London
Represented By: Wesley Christian Page
Represented By: Brian P. Henry
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