Sunlight Lands LLC v. Westchester Surplus Lines Insurance Company
| Sunlight Lands LLC |
| Westchester Surplus Lines Insurance Company |
| 2:2024cv00267 |
| March 22, 2024 |
| US District Court for the Middle District of Florida |
| Kyle C Dudek |
| John E Steele |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 34 CORPORATE Disclosure Statement by Westchester Surplus Lines Insurance Company identifying Corporate Parent Chubb Limited, Corporate Parent Chubb Group Holdings Inc., Corporate Parent Chubb US Holdings Inc., Corporate Parent Chubb Limited (NYSE:CB), Corporate Parent McDonald Barnhill, P.A., Corporate Parent Stellar Public Adjusting Services, LLC, Other Affiliate Gabriela Valderrama for Westchester Surplus Lines Insurance Company.. (Smith, Kristian) |
Filing 33
ENDORSED ORDER denying Plaintiff's motion to compel appraisal (Doc. 15) as moot because Plaintiff has withdrawn the motion (Doc. 32). Signed by Magistrate Judge Kyle C. Dudek on 5/9/2024. (DM)
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| Filing 32 NOTICE of WITHDRAWAL of motion re #15 Motion to Compel filed by Sunlight Lands LLC by Sunlight Lands LLC (McDonald, Andrew) |
| Filing 31 CERTIFICATE of interested persons and corporate disclosure statement re #26 Order on Motion for Extension of Time to File Preliminary pretrial conference by Sunlight Lands LLC identifying Other Affiliate David Barnhill, Other Affiliate Andrew P McDonald, Other Affiliate McDonald & Barnhill, PA, Other Affiliate Rami boaziz, Other Affiliate Stellar Public Insurance Adjusters, Other Affiliate Gabriela Mercedes Lara Valderrama, Other Affiliate David huebner for Sunlight Lands LLC. (McDonald, Andrew) |
| Filing 30 AMENDED COMPLAINT against Sunlight Lands LLC with Jury Demand. filed by Sunlight Lands LLC. Related document: #7 Complaint filed by Sunlight Lands LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McDonald, Andrew) |
| Filing 29 ***COUNSEL NOTIFIED TO RE-FILE USING CORRECT EVENT CODE "AMENDED COMPLAINT"***AMENDED document by Sunlight Lands LLC. Amendment to #7 Complaint . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McDonald, Andrew) Modified on 5/8/2024 (CTR). |
| Filing 27 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/5/2024; Joinder of Parties due by 6/5/2024; Discovery due by 5/23/2025; Dispositive motions due by 6/20/2025; Pretrial statement due by 12/5/2025; All other motions due by 12/1/2025; Plaintiff disclosure of expert report due by 2/22/2025; Defendant disclosure of expert report due by 3/24/2025; Final Pretrial Conference set for 12/19/2025 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele; Jury Trial set for 1/5/2026 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Conduct mediation hearing by 5/30/2025. Lead counsel to coordinate dates. Signed by All Divisional Judges on 5/6/2024. (CGW) |
| Filing 26 Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: granting 25 Joint Oral Motion for Extension of Time to File Corporate Disclosure Statement by 5/13/24; RULE 16 CONFERENCE held on 5/6/2024. (Digital) (CGW) (CGW). |
| Filing 25 JOINT ORAL MOTION for Extension of Time to File Corporate Disclosure Statement by 5/13/24 by All Parties. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 24
ENDORSED ORDER re #15 Plaintiff's Motion to Compel Appraisal. Plaintiff is directed to file a reply, not to exceed 10 pages, to address arguments made in Defendant's response (Doc. #23). The reply should address the timeline of events presented by Defendant, the pertinent policy period, and compliance with post-loss conditions. Reply due by 5/16/24. Signed by Magistrate Judge Kyle C. Dudek on 5/6/2024. (BLW)
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| Filing 23 RESPONSE in Opposition re #15 MOTION to Compel Appraisal filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Demand for Appriasal and Estimate, #3 Exhibit C - 8.28.23 letter, #4 Exhibit D - Estimate, #5 Exhibit E - 11.8.23 Email)(Smith, Kristian) |
| Filing 22 CASE MANAGEMENT REPORT. (Smith, Kristian) |
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Filing 21
ENDORSED ORDER granting #20 unopposed Motion for Extension of Time. Defendant must respond to the pending motion to compel appraisal on or before May 3, 2024. Signed by Magistrate Judge Kyle C. Dudek on 4/26/2024. (Dudek, Kyle)
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| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Compel Appraisal by Westchester Surplus Lines Insurance Company. (Smith, Kristian) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 19
ENDORSED ORDER granting #17 Unopposed Motion for Kristian N. Smith to specially appear to represent Defendant, which complies with Local Rule 2.01(c). Unless non-resident attorney Smith already has CM/ECF filing credentials for the Middle District of Florida, she shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 4/18/2024. (BLW)
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Filing 18
ENDORSED ORDER granting #16 Unopposed Motion for Isabella Stankowski-Booker to specially appear to represent Defendant, which complies with Local Rule 2.01(c). Unless non-resident attorney Stankowski-Booker already has CM/ECF filing credentials for the Middle District of Florida, she shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 4/18/2024. (BLW)
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| Filing 17 Unopposed MOTION for Kristian N. Smith to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21995721 for $150 by Westchester Surplus Lines Insurance Company. (Chodos, Jason) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 16 Unopposed MOTION for Isabella Stankowski-Booker to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21995720 for $150 by Westchester Surplus Lines Insurance Company. (Chodos, Jason) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 15 MOTION to Compel Appraisal by Sunlight Lands LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(McDonald, Andrew) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 14 NOTICE TO COUNSEL David D. Barnhill and Ryan L. Gontrum 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. 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). (CRB) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Sunlight Lands LLC. Related case(s): No (McDonald, Andrew) |
| Filing 12 NOTICE of Lead Counsel Designation by Andrew Philip McDonald on behalf of Sunlight Lands LLC. Lead Counsel: Andrew P. McDonald. (McDonald, Andrew) |
| Filing 11 ANSWER and affirmative defenses to #7 Complaint with Jury Demand by Westchester Surplus Lines Insurance Company. (Chodos, Jason) |
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Filing 10
ENDORSED ORDER granting #9 Unopposed Motion for Extension of Time to Answer. Defendant must respond to the complaint on or before April 8, 2024. Signed by Magistrate Judge Kyle C. Dudek on 3/28/2024. (Dudek, Kyle)
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| Filing 9 Unopposed MOTION for Extension of Time to File Answer re #7 Complaint by Westchester Surplus Lines Insurance Company. (Chodos, Jason) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 8 NOTICE of Lead Counsel Designation by Jason M. Chodos on behalf of Westchester Surplus Lines Insurance Company. Lead Counsel: Isabella Stankowski-Booker. (Chodos, Jason) |
| Filing 6 NOTICE 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). (KME) |
| Filing 5 NOTICE of hearing: Preliminary Pretrial Conference set for 5/6/2024 at 09:30 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 5/1/2024. Counsel is to use the following Zoom instructions: Join ZoomGov Meeting; https://www.zoomgov.com/j/1618490806?pwd=UDdSeGRoNWhBVFZBbHdQQUE5K0U3QT09; Meeting ID: 161 849 0806; Passcode: 047666; ---One tap mobile+16692545252,,1618490806#,,,,*047666# US (San Jose)+16468287666,,1618490806#,,,,*047666# US (New York)---Dial by your location* +1 669 254 5252 US (San Jose)* +1 646 828 7666 US (New York)Meeting ID: 161 849 0806Passcode: 047666Find your local number: https://www.zoomgov.com/u/acFfv12Vii---Join by SIP* 1618490806@sip.zoomgov.com---Join by H.323* 161.199.138.10 (US West)* 161.199.136.10 (US East)Meeting ID: 161 849 0806Passcode: 047666. (CGW) |
| Filing 4 CIVIL Action Order. Signed by All Divisional Judges on 3/26/2024. (CGW) |
| Filing 3 NOTICE TO COUNSEL Isabella Stankowski-Booker and Kristian N. Smith Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details 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). (TNP) |
| Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Kyle C. Dudek. New case number: 2:24-cv-267-JES-KCD. (TNP) |
| Filing 7 COMPLAINT against Westchester Surplus Lines Insurance Company with Jury Demand filed by Sunlight Lands LLC. Filed in State Court on 2/23/2024.(KME) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 20th Judicial Circuit In and For Lee County, case number 24-CA-001581 filed in State Court on 2/23/24. Filing fee $405, receipt number AFLMDC-21902959 filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 Exhibit "1" - FL DOS, DOC Website, #2 Exhibit "2" - GA DOI Website, #3 Exhibit "3" - FLOIR Website, #4 Exhibit "4" - Stellar Estimate, #5 State Court COMPLAINT, #6 State Court Docket Sheet, #7 State Court Other Documents, #8 Civil Cover Sheet)(Chodos, Jason) Modified text on 3/26/2024 (KME). |
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