Insurance Company of the West v. Island Dream Homes, Inc.
Plaintiff: Insurance Company of the West
Defendant: Island Dream Homes, Inc.
Case Number: 6:2009cv01411
Filed: August 12, 2009
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Volusia
Presiding Judge: David A Baker
Referring Judge: Gregory A Presnell
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on January 16, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 16, 2013 Filing 66 CLERK'S certificate of return of exhibits and/or exhibit substitutes submitted by the parties. Copies mailed.(LAM)
January 10, 2013 Filing 65 USCA judgment: #64 OPINION of USCA - AFFIRMED as to #56 Notice of appeal filed by Insurance Company of the West Entered on docket 5/8/12. Issued as Mandate on: 6/7/12 USCA number: 11-10571-EE. (IGC)
May 8, 2012 Filing 64 OPINION of USCA as to #56 Notice of appeal filed by Insurance Company of the West. AFFIRMED. EOD: 5/8/12; Mandate to issue at a later date. USCA number: 11-10571. (JET)
July 6, 2011 ACKNOWLEDGMENT by USCA of receiving Certificate of Readiness and Record on Appeal on 6/29/11 re #56 Notice of appeal. USCA number: 11-10571-EE. (JET)
June 27, 2011 RECORD on appeal and Certificate of Readiness sent to USCA re #56 Notice of appeal. Transmittal includes certified copy of docket sheet, volume of pleadings: 2. USCA number 11-10571-EE (JET)
February 22, 2011 Filing 63 NOTIFICATION that transcript has been filed by Diane Peede re: #56 Notice of appeal USCA number: 11-10571-E (DP)
February 22, 2011 Filing 62 NOTICE to counsel of filing of OFFICIAL TRANSCRIPTS (doc. nos. 60-61). The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Diane Peede (DP)
February 22, 2011 Filing 61 TRANSCRIPT of the jury trial (day two) held on January 11, 2011, before Judge Gregory A. Presnell re #56 Notice of appeal. Court Reporter/Transcriber Diane Peede, Telephone number (407) 615-0305. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 3/15/2011, Redacted Transcript Deadline set for 3/25/2011, Release of Transcript Restriction set for 5/23/2011. (DP)
February 22, 2011 Filing 60 TRANSCRIPT of the jury trial (day one) held on January 10, 2011, before Judge Gregory A. Presnell re #56 Notice of appeal. Court Reporter/Transcriber Diane Peede, Telephone number (407) 615-0305. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 3/15/2011, Redacted Transcript Deadline set for 3/25/2011, Release of Transcript Restriction set for 5/23/2011. (DP)
February 21, 2011 Filing 59 AFFIDAVIT of Yvette M. Pace in Support of the Court's Order Granting Costs by Island Dream Homes, Inc.. (Pace, Yvette)
February 14, 2011 Filing 58 COURT REPORTER ACKNOWLEDGMENT by Diane Peede re #56 Notice of appeal Estimated transcript filing date: 2/24/11. USCA number: 11-10571-E. (DP)
February 14, 2011 Filing 57 TRANSCRIPT information form filed by Insurance Company of the West for proceedings held on 1/10 - 1/11 2011 before Judge Gregory A. Presnell re #56 Notice of appeal. USCA number: 11-10571E. (Morris, Michael)
February 7, 2011 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #56 Notice of appeal. (JET)
February 4, 2011 Filing 56 NOTICE OF APPEAL as to #54 Judgment by Insurance Company of the West. Filing fee $455, receipt number 4657. (JET)
January 11, 2011 Opinion or Order Filing 55 ORDER directing clerk to close the case. Signed by Judge Gregory A. Presnell on 1/11/2011. Copies mailed.(LAM)
January 11, 2011 Filing 54 JUDGMENT in favor of Island Dream Homes, Inc. against Insurance Company of the West, that that Plaintiff, Insurance Company of the West, take nothing, that the action be dismissed on the merits, and that the defendant, Island Dream Homes, Inc., recover from the plaintiff their costs of action. Signed by Deputy Clerk on 1/11/2011. Copies mailed.(LAM) Modified on 2/22/2011 (LAM).
January 11, 2011 Filing 53 EXHIBIT LIST by Island Dream Homes, Inc. for evidence identified during jury trial proceedings held on 1/10/2011 and 1/11/2011. (LAM)
January 11, 2011 Filing 52 EXHIBIT LIST by Insurance Company of the West for evidence entered during jury trial proceedings held on 1/10/2011 and 1/11/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13).(LAM)
January 11, 2011 Opinion or Order Filing 51 ORDER granting 49 Motion for judgment as a Matter of Law. Signed by Judge Gregory A. Presnell on 1/11/2011. (LLP)
January 11, 2011 Filing 50 Minute Entry for Jury Trial Proceedings held before Judge Gregory A. Presnell held on 1/11/2011. Court grants Defendant's Rule 50 motion. Jury excused. Court Reporter: Diane Peede. (LAM)
January 10, 2011 Filing 49 Ore tenus MOTION for Judgment as a Matter of Law by Island Dream Homes, Inc. made in open court during jury trial proceedings on 1/10/2011. (LAM)
January 10, 2011 Filing 48 Minute Entry for Jury Trial Proceedings (Day One) held before Judge Gregory A. Presnell on 1/10/2011. Evidence entered. Plaintiff rests. Defendant makes Motion for Judgment as a Matter of Law. Court reserves ruling on motion. Court Reporter: Diane Peede. (LAM)
January 6, 2011 Filing 47 NOTICE OF RESCHEDULING TRIAL DATES: The Jury Trial schedule is as follows: Day 1 - Monday, January 10, 2011, beginning at 10:30 a.m.; Day 2 - Tuesday, January 11, 2011, beginning at 9:00 a.m.; Day 3 - Thursday, January 13, 2011, beginning at 9:00 a.m. in Orlando Courtroom 5 A before Judge Gregory A. Presnell. The start times for Days 2 and 3 may change at the Court's discretion with notice to the parties. Copies mailed.(LAM)
January 6, 2011 Filing 46 Amended PROPOSED jury instructions by Insurance Company of the West, Island Dream Homes, Inc. (Morris, Michael) Modified on 1/7/2011 (LAK).
January 6, 2011 Filing 45 NOTICE OF RESCHEDULING START TIME OF FIRST DAY OF TRIAL: The Jury Trial scheduled for 1/10/2011 is rescheduled as to time only. The first day of trial will begin on 1/10/2011 at 10:30 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Copies mailed.(LAM)
December 21, 2010 Filing 44 AMENDED TRIAL CALENDAR for trial term January, 2011. Signed by Judge Gregory A. Presnell on 12/21/2010. Calendar amended to add 1/26 trial for 6:10-cr-82-Orl-31DAB. Copies mailed.(LAM)
December 20, 2010 Filing 43 TRIAL CALENDAR for trial term January, 2011. Jury Trial set for date certain to begin on 1/10/2011 at 09:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. It is estimated this trial will be 3 days in length. Signed by Judge Gregory A. Presnell on 12/20/2010. Copies mailed.(LAM)
December 9, 2010 Opinion or Order Filing 42 ORDER denying without prejudice #35 Motion in limine; denying as moot #36 Motion in limine; granting #28 Motion in limine. Signed by Judge Gregory A. Presnell on 12/9/2010. Copies mailed. (LAM)
December 9, 2010 Opinion or Order Filing 41 TRIAL ORDER setting out trial procedures and deadlines. Signed by Judge Gregory A. Presnell on 12/9/2010. Copies mailed.(LAM)
December 9, 2010 Opinion or Order Filing 40 ORDER granting counsel permission to bring electronic equipment into the Courthouse for use during trial. Signed by Judge Gregory A. Presnell on 12/9/2010. Copies mailed.(LAM)
December 8, 2010 Filing 39 Minute Entry for final pretrial conference and motion hearing proceedings held before Judge Gregory A. Presnell on 12/8/2010. Court Reporter: Diane Peede. (LAM)
December 7, 2010 Filing 38 Certificate of Compliance with L.R. 3.01(g) re #36 MOTION in limine regarding testimony regarding maintenance by Insurance Company of the West. (Morris, Michael) Modified on 12/8/2010 (LAK).
December 1, 2010 Filing 37 NOTICE of Hearing on Motion #35 MOTION in limine, #36 MOTION in limine regarding testimony regarding maintenance, #28 MOTION in limine regarding General Matters : Motion Hearing set for 12/8/2010 at 04:00 PM (at time of pretrial conference) in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW)
November 26, 2010 Filing 36 MOTION in limine regarding testimony regarding maintenance by Insurance Company of the West. (Morris, Michael)
November 24, 2010 Filing 35 MOTION in limine by Island Dream Homes, Inc.. (Pace, Yvette)
November 12, 2010 Filing 34 PROPOSED verdict form filed byInsurance Company of the West, Island Dream Homes, Inc.. (Morris, Michael)
November 12, 2010 Filing 33 PROPOSED voir dire questions by Island Dream Homes, Inc.. (Morris, Michael)
November 12, 2010 Filing 32 PROPOSED voir dire questions by Insurance Company of the West. (Morris, Michael)
November 12, 2010 Filing 31 PRETRIAL STATEMENT by Insurance Company of the West, Island Dream Homes, Inc.. (Morris, Michael)
November 12, 2010 Filing 30 PROPOSED jury instructions by Insurance Company of the West, Island Dream Homes, Inc.. (Morris, Michael)
November 3, 2010 ***Set Hearings. Final Pretrial Conference set for 12/8/2010 at 04:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell (LAK) Modified on 11/29/2010 (LAM).
November 2, 2010 Filing 29 NOTICE OF RESCHEDULING HEARING: The final pretrial conference hearing previously scheduled for 12/10/10 is rescheduled. New scheduling date and time: Final Pretrial Conference set for 12/8/2010 at 04:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell (TKW)
October 18, 2010 Filing 28 MOTION in limine regarding General Matters by Island Dream Homes, Inc.. (Pace, Yvette)
October 5, 2010 Filing 27 NOTICE of date certain for trial: Jury Trial set for 1/10/2011 at 09:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW)
August 4, 2010 Filing 26 MEDIATION REPORT Hearing held on August 2, 2010 Hearing outcome: Each possessed the requisite settlement authority: 1) All individual parties and their respective trial counsel, 2) Designated corporate representatives, 3) Required claims professionals. The parties have reached an impasse.(Wack, Richard)
July 25, 2010 Opinion or Order Filing 25 ENDORSED ORDER granting #24 Motion to withdraw. Signed by Magistrate Judge David A. Baker on 7/25/2010. (Baker, David)
July 23, 2010 Filing 24 Unopposed MOTION to withdraw as Additional Counsel for Defendant by Island Dream Homes, Inc.. (Oliver, David)
June 15, 2010 Opinion or Order Filing 23 ORDER granting in part and denying in part #22 Motion for extension of time to complete discovery Signed by Magistrate Judge David A. Baker on 6/15/2010. (AKJ)
June 14, 2010 Filing 22 Unopposed MOTION for extension of scheduling order deadlines by Island Dream Homes, Inc. (Pace, Yvette) Motions referred to Magistrate Judge David A. Baker. Modified on 6/15/2010 (LAK).
May 24, 2010 Opinion or Order Filing 21 ORDER granting #20 Motion to substitute mediator; Richard G. Wack is substituted as mediator in this case. Signed by Judge Gregory A. Presnell on 5/24/2010. (TKW)
May 21, 2010 Filing 20 Joint MOTION for miscellaneous relief, specifically Order Approving Change in Mediator by Insurance Company of the West, Island Dream Homes, Inc.. (Morris, Michael)
January 6, 2010 Filing 19 NOTICE of Appearance by Yvette M. Pace on behalf of Island Dream Homes, Inc. (Pace, Yvette)
December 1, 2009 Opinion or Order Filing 18 ENDORSED ORDER granting #17 Unopposed motion for extension of time to provide Rule 26 disclosures. Defendant shall provide its disclosures by no later than Monday, December 14, 2009. Signed by Judge Gregory A. Presnell on 12/1/2009. (TFF)
November 30, 2009 Filing 17 Unopposed MOTION for extension of time until 12/14/09 to Provide Rule 26 Disclosures by Island Dream Homes, Inc. (Saul, Harold) Modified on 12/1/2009 (JET).
October 26, 2009 Opinion or Order Filing 16 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 10/26/2009. (TKW)
October 26, 2009 CASE REFERRED to mediation; Peter Grilli appointed Mediator. (JET)
October 23, 2009 Filing 15 CASE MANAGEMENT REPORT. (Morris, Michael)
October 21, 2009 Opinion or Order Filing 14 ENDORSED ORDER granting #13 Motion to Appear Telephonically. Signed by Magistrate Judge David A. Baker on 10/21/2009. (Baker, David)
October 20, 2009 Filing 13 MOTION to Appear Telephonically at Case Management Conference by all parties. (Saul, Harold) Motions referred to Magistrate Judge David A. Baker. Modified on 10/21/2009 (JET).
October 20, 2009 Filing 12 NOTICE of Appearance by Harold Adam Saul on behalf of Island Dream Homes, Inc. (Saul, Harold) Modified on 10/20/2009 (JET).
October 19, 2009 Opinion or Order Filing 11 ORDER to strike re: #10 Notice of unavailability filed by Insurance Company of the West. Signed by Judge Gregory A. Presnell on 10/19/2009. (TFF)
October 16, 2009 Filing 10 NOTICE of unavailability of counsel by Insurance Company of the West from 12/1/09 to 12/12/09. (Morris, Michael) Modified on 10/16/2009 (JET). Modified on 10/20/2009 (JET). STRICKEN PER ORDER #11.
October 13, 2009 Filing 9 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Island Dream Homes, Inc..(Oliver, David)
September 30, 2009 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Island Dream Homes, Inc.. (Oliver, David)
September 18, 2009 Opinion or Order Filing 7 INTERESTED PERSONS ORDER for DEFENDANT. Certificate of interested persons and corporate disclosure statement due by 9/29/2009 Signed by Judge Gregory A. Presnell on 9/18/2009. (Counsel mailed/emailed)(AKJ)
September 18, 2009 Filing 6 NOTICE of Appearance by David S. Oliver on behalf of Island Dream Homes, Inc. (Oliver, David)
August 17, 2009 Filing 5 CERTIFICATE of interested persons and corporate disclosure statement re #3 Interested persons order by Insurance Company of the West identifying Corporate Parent Western Insurance Holdings, Corporate Parent American Assets, Inc., Corporate Parent Ernest Rady Trust for Insurance Company of the West.. (Morris, Michael)
August 17, 2009 Filing 4 NOTICE of pendency of related cases re #2 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Insurance Company of the West. Related case(s): no (Morris, Michael)
August 14, 2009 Opinion or Order Filing 3 INTERESTED PERSONS ORDER for Plaintiff. Certificate of interested persons and corporate disclosure statement due by 8/25/2009 Signed by Judge Gregory A. Presnell on 8/14/2009. (Counsel emailed)(AKJ)
August 14, 2009 Opinion or Order Filing 2 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/25/2009 Signed by Judge Gregory A. Presnell on 8/14/2009. (counsel emailed)(AKJ)
August 12, 2009 Filing 1 COMPLAINT against Island Dream Homes, Inc. (Filing fee $350, receipt number 32001) filed by Insurance Company of the West. (Attachments: #1 Civil Cover Sheet, #2 Exhibit: Insurance Contract)(JET)
August 12, 2009 Summons issued as to Island Dream Homes, Inc. (JET)

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Defendant: Island Dream Homes, Inc.
Represented By: Harold Adam Saul
Represented By: Yvette M. Pace
Represented By: David Scott Oliver
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Plaintiff: Insurance Company of the West
Represented By: Michael Roy Morris
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