DAK Property Holdings, Inc. v. Independent Specialty Insurance Company et al
| DAK Property Holdings, Inc. |
| Independent Specialty Insurance Company and Certain Underwriters at Lloyd's London, Subscribing to Certificate Number B604510568622021 |
| 2:2023cv00497 |
| July 6, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0001 U.S. Arbitration Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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Filing 23
RESPONSE re #22 MOTION for Miscellaneous Relief, specifically an Order reversing the Order of the Magistrate Judge filed by Certain Underwriters at Lloyd's London, Subscribing to Certificate Number B604510568622021, Independent Specialty Insurance Company. (Page, Wesley)
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Filing 22
OBJECTION re #21 Order on Motion to Dismiss . (DeMiles, James) Modified to make pending motion on 8/16/2023 (AEH).
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Set/reset deadlines/hearings: Status Report due by 9/29/2023. (ARL)
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Filing 21
ORDER granting #10 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 8/2/2023. (CGW)
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Filing 20
RESPONSE in Opposition re #10 MOTION to Dismiss Plaintiff Complaint , #9 MOTION to Dismiss Plaintiff's Complaint MOTION to Stay MOTION to Compel filed by DAK Property Holdings, Inc.. (Attachments: #1 Exhibit- Undisputed Check, #2 Exhibit- Notice of Intent 1, #3 Exhibit- Notice of Intent 2, #4 Exhibit-Response to Notice of Intent)(DeMiles, James) Modified on 8/3/2023 (JTM).
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Filing 19
ENDORSED ORDER granting #16 Motion for Extension of Time. No response has been filed to the motion, and the Court otherwise finding good cause, the deadline for Plaintiff to respond to Defendants' motion to compel arbitration (Doc. 10) is extended to 8/1/23. Signed by Magistrate Judge Kyle C. Dudek on 8/1/2023. (Dudek, Kyle)
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Filing 18
NOTICE of a related action per Local Rule 1.07(c) by Certain Underwriters at Lloyd's London, Subscribing to Certificate Number B604510568622021, Independent Specialty Insurance Company. Related case(s): Yes (Page, Wesley)
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Filing 17
CERTIFICATE of interested persons and corporate disclosure statement by Certain Underwriters at Lloyd's London, Subscribing to Certificate Number B604510568622021, Independent Specialty Insurance Company identifying Corporate Parent Markel Corporation, Corporate Parent Lloyd's London for Certain Underwriters at Lloyd's London, Subscribing to Certificate Number B604510568622021, Independent Specialty Insurance Company. (Page, Wesley)
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Filing 16
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.
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Filing 15
CORPORATE Disclosure Statement by DAK Property Holdings, Inc.. (Benjamin, David)
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Filing 14
ENDORSED ORDER denying as moot #9 Motion to Compel Arbitration because Defendants have filed an amended motion seeking the same relief. Signed by Magistrate Judge Kyle C. Dudek on 7/14/2023. (Dudek, Kyle)
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Filing 13
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 text (ABC).
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Filing 12
NOTICE TO COUNSEL Brian P. Henry of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (AJS)
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Filing 11
NOTICE TO COUNSEL David Benjamin of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS)
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Filing 10
Amended MOTION to Dismiss and/or to Stay Litigation and to Compel Arbitration (Amended as to Adding Exhibits) by All Defendants. (Page, Wesley) (Modified on 7/13/2023 to edit docket text) (JDR).
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Filing 9
MOTION to Dismiss Plaintiff's Complaint, MOTION to Stay Litigation and to Compel Arbitration by Certain Underwriters at Lloyd's London, Subscribing to Certificate Number B604510568622021, Independent Specialty Insurance Company. (Page, Wesley) . Added MOTION to Stay, MOTION to Compel on 7/13/2023 (AJS).
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Filing 8
State Court COMPLAINT filed 6/2/2023 in the Circuit Court of the 12th Judicial Circuit by and for Lee County, Florida against Certain Underwriters at Lloyd's London, Subscribing to Certificate Number B604510568622021, Independent Specialty Insurance Company with Jury Demand filed by DAK Property Holdings, Inc.(LSS) Modified on 7/10/2023 to edit docket text (BCB). Modified on 7/10/2023 (BCB).
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Filing 7
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. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (LSS)
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Filing 6
HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and attached to #5 the Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 7/7/2023. (Attachments: #1 Exhibit A)(CGW)
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Filing 5
CASE MANAGEMENT AND SCHEDULING ORDER: (HURRICANE IAN) : See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 7/7/2023. (CGW)
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Filing 4
CIVIL Action Order. Signed by All Divisional Judges on 7/7/2023. (CGW)
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Filing 3
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-00497-SPC-KCD. (JG)
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Filing 2
NOTICE of Lead Counsel Designation by Wesley Christian Page on behalf of Certain Underwriters at Lloyds of London, Independent Specialty Insurance Company. Lead Counsel: Wesley C. Page. (Page, Wesley)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL Filing fee $402, receipt number AFLMDC-21013596 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: | David Benjamin |
| Represented By: | James Angelo DeMiles |
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| Defendant: Independent Specialty Insurance Company | |
| Represented By: | Brian P. Henry |
| Represented By: | Wesley Christian Page |
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| Defendant: Certain Underwriters at Lloyd's London, Subscribing to Certificate Number B604510568622021 | |
| Represented By: | Brian P. Henry |
| Represented By: | Wesley Christian Page |
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