Dolphin Pointe at Waterside Condominium Association, Inc. v. American Bankers Insurance Company of Florida
| Dolphin Pointe at Waterside Condominium Association, Inc., and/or All Unit Holders, ATIMA |
| American Bankers Insurance Company of Florida |
| 2:2026mc00006 |
| June 11, 2026 |
| U.S. District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Insurance |
| 28 U.S.C. ยง 2201 Declaratory Judgment (Insurance) |
| None |
Docket Report
This docket was last retrieved on August 7, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 RESPONSE to Motion re #1 Motion to Compel Complaint filed by American Bankers Insurance Company of Florida. (Attachments: #1 Exhibit, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Hernandez, Nikolaos) |
Filing 15
ENDORSED ORDER granting #12 Defendant's motion for extension of time. As Plaintiff failed to timely respond, we treat the motion as unopposed under Local Rule 3.01(d). By August 7, 2026, Defendant must respond to Plaintiff's motion to compel appraisal. Signed by Magistrate Judge Nicholas P. Mizell on 7/16/2026. (RCD)
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| Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Dolphin Pointe at Waterside Condominium Association, Inc., and/or All Unit Holders, ATIMA. (Clifford, Garrett) |
| Filing 13 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by American Bankers Insurance Company of Florida identifying Corporate Parent Assurant Inc., Other Affiliate Interfinancial, Inc. for American Bankers Insurance Company of Florida.. (Hernandez, Nikolaos) |
| Filing 12 MOTION for Extension of Time to File A Response to Plaintiff's Declaratory Action to Compel Appraisal/Motion to Compel by American Bankers Insurance Company of Florida. (Hernandez, Nikolaos) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 11 NOTICE of Lead Counsel Designation by Nikolaos Manuel Hernandez on behalf of American Bankers Insurance Company of Florida. Lead Counsel: Nikolaos M. Hernandez. (Hernandez, Nikolaos) |
| Filing 10 TRANSFER IN from the civil docket on 6/29/26 Case Number 2:26-cv-1971. Case assigned to District Judge Chappell and Magistrate Judge Mizell. New Case Number: 2:26-mc-6-SPC-NPM. (NAS) |
Filing 9
TEXT ORDER. This matter comes before the court on sua sponte review of the file. Plaintiff filed a complaint for declaratory judgment to compel appraisal (Doc. #1). As such, this is not a plenary action, and this matter should have been filed as a miscellaneous action, which only requires a $52 filing fee. Indeed, motions to compel appraisal, to appoint an umpire for an appraisal, or to compel discovery to inform an appraisal may be governed by the Federal Arbitration Act. See Milligan v. CCC Info. Servs. Inc., 920 F.3d 146, 152 (2d Cir. 2019) (appraisal constitutes an arbitration for purposes of the FAA). Therefore, the Clerk is DIRECTED to designate this matter as a miscellaneous action and refund $353 to Plaintiff, but retain the current judge assignments. The Clerk is further DIRECTED to construe the complaint as a motion to compel appraisal. By July 7, 2026, Defendant must file its memorandum in response to Plaintiff's motion to compel. Signed by Magistrate Judge Nicholas P. Mizell on 6/25/2026. (TLP)
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| Filing 8 CIVIL Action Order. Signed by All Divisional Judges on 6/23/2026. (CGW) |
| Filing 7 PROOF of service - American Bankers Insurance Company of Florida served on 06/16/2026. (Clifford, Garrett) |
| Filing 6 NOTICE of Lead Counsel Designation by Garrett William Haakon Clifford on behalf of Dolphin Pointe at Waterside Condominium Association, Inc., and/or All Unit Holders, ATIMA. Lead Counsel: Garrett William Haakon Clifford. (Clifford, Garrett) |
| Filing 5 SUMMONS issued as to American Bankers Insurance Company of Florida. (ABM) |
| Filing 4 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:26-cv-1971-SPC-NPM. (ABM) |
| Filing 3 NOTICE TO COUNSEL Garrett William Haakon Clifford 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). (ABM) |
| Filing 2 PROPOSED summons to be issued by Dolphin Pointe at Waterside Condominium Association, Inc., and/or All Unit Holders, ATIMA. (Clifford, Garrett) |
| Filing 1 MOTION to Compel Arbitration against All Defendants (Filing fee $405 receipt number AFLMDC-25102393) filed by Dolphin Pointe at Waterside Condominium Association, Inc. (Attachments: #1 Civil Cover Sheet, #2 Flood Policy)(Clifford, Garrett) Modified on 6/12/2026 (ABM). Modified on 6/29/2026 to change event to motion (NAS). |
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| Plaintiff: Dolphin Pointe at Waterside Condominium Association, Inc., and/or All Unit Holders, ATIMA | |
| Represented By: | Garrett William Haakon Clifford |
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| Defendant: American Bankers Insurance Company of Florida | |
| Represented By: | Eugene P. Murphy |
| Represented By: | Nikolaos Manuel Hernandez |
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