Gemini Insurance Company v. Zavodney et al
Plaintiff: Gemini Insurance Company
Defendant: Andrew Zavodney, Essian Construction, Laura Zavodney and Essian Construction, LLC
Case Number: 6:2020cv00036
Filed: January 8, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Roy B Dalton
Referring Judge: Embry J Kidd
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2020 Opinion or Order Filing 37 ENDORSED ORDER granting #36 Motion to Conduct Case Management Conference Telephonically. The parties may confer telephonically to prepare their case management report. If the parties are unable to agree on all matters to be included in the report, then the Court may require an in-person meeting of counsel to attempt, in good faith, to resolve all disagreements. Signed by Magistrate Judge Embry J. Kidd on 3/3/2020. (Kidd, Embry)
March 3, 2020 Filing 36 Unopposed MOTION for Miscellaneous Relief, specifically to Conduct Case Management Conference Telephonically by Gemini Insurance Company. (Rosengarten, Yonit) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/4/2020 (LDJ).
February 28, 2020 Opinion or Order Filing 35 ENDORSED ORDER granting #33 Motion for Extension of Time. Plaintiff may have until and through March 19, 2020, to respond to the counterclaim. Signed by Magistrate Judge Embry J. Kidd on 2/28/2020. (Kidd, Embry)
February 28, 2020 Opinion or Order Filing 34 ENDORSED ORDER denying as moot #32 Motion for Extension of Time in light of the #33 amended motion.. Signed by Magistrate Judge Embry J. Kidd on 2/28/2020. (Kidd, Embry)
February 27, 2020 Filing 33 Amended MOTION for Extension of Time to File Response/Reply as to #23 Answer to amended complaintCounterclaim by Gemini Insurance Company. (Rosengarten, Yonit) Motions referred to Magistrate Judge Embry J. Kidd.
February 27, 2020 Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply as to #23 Answer to amended complaintCounterclaim by Gemini Insurance Company. (Rosengarten, Yonit) Motions referred to Magistrate Judge Embry J. Kidd.
February 27, 2020 Filing 31 MEMORANDUM in support re #30 Motion to Dismiss for Failure to State a Claim filed by Essian Construction, LLC. (Morgan, Richard)
February 27, 2020 Filing 30 MOTION to Dismiss #12 Second Amended Complaint for Failure to State a Claim by Essian Construction, LLC. (Morgan, Richard) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 2/28/2020 (KNC).
February 18, 2020 Filing 29 NOTICE of Filing Exhibit F by Andrew Zavodney, Laura Zavodney re #23 Answer to amended complaint and Counterclaim (Attachments: #1 Exhibit F)(McCrae, James) Modified on 2/19/2020 (KNC).
February 18, 2020 Filing 28 Remark: Doc. #26 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 2/18/20. (MT)
February 18, 2020 Filing 27 Remark: Doc. #25 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 2/18/20. (MT)
February 14, 2020 Filing 26 CERTIFICATE of interested persons and corporate disclosure statement by Laura Zavodney. (McCrae, James)
February 14, 2020 Filing 25 CERTIFICATE of interested persons and corporate disclosure statement by Andrew Zavodney. (McCrae, James)
February 14, 2020 Filing 24 NOTICE of pendency of related cases per Local Rule 1.04(d) by Andrew Zavodney, Laura Zavodney. Related case(s): No (McCrae, James)
February 14, 2020 Filing 23 ANSWER and affirmative defenses to #12 Amended Complaint and COUNTERCLAIM against Gemini Insurance Company by Laura Zavodney, Andrew Zavodney. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McCrae, James) Modified on 2/18/2020 (KNC).
February 14, 2020 Filing 22 Remark: Doc. #21 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 2/14/2020. (EJV)
February 13, 2020 Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Essian Construction, LLC. (Borack, David)
February 13, 2020 Filing 20 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Essian Construction, LLC. Related case(s): yes (Borack, David)
February 13, 2020 Filing 19 NOTICE of Appearance by David E. Borack on behalf of Essian Construction, LLC (Borack, David)
February 10, 2020 Filing 18 NOTICE of pendency of related cases per Local Rule 1.04(d) re #6 Related case order by Gemini Insurance Company. Related case(s): yes (Rosengarten, Yonit) Modified on 2/11/2020 (SPM).
February 10, 2020 Opinion or Order Filing 17 ORDER directing compliance. On or before Thursday, February 13, 2020, Plaintiff is DIRECTED to file a Notice of Pendency of Other Actions that complies with the Court's order (Doc. #6). Signed by Judge Roy B. Dalton, Jr. on 2/7/2020. (BIA)
February 3, 2020 Filing 16 Remark: Doc. #15 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 2/3/20. (MT)
January 27, 2020 Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Gemini Insurance Company. (Rosengarten, Yonit)
January 17, 2020 Opinion or Order Filing 14 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 1/3/2020. (JLE) Modified on 1/17/2020 (JLE).
January 15, 2020 Filing 13 SUMMONS issued as to Essian Construction, LLC, Andrew Zavodney, Laura Zavodney on the Second Amended Complaint. (BIA)
January 14, 2020 Filing 12 SECOND AMENDED COMPLAINT for Declaratory Relief against Essian Construction, LLC, Andrew Zavodney, Laura Zavodney filed by Gemini Insurance Company. Related document: #8 Amended Complaint filed by Gemini Insurance Company. (Attachments: #1 Exhibit Notice of Commencement, #2 Exhibit Pella Contract, #3 Exhibit Fox Contract, #4 Exhibit Sales Contract, #5 Exhibit Water Intrusion Report, #6 Exhibit Complaint (underlying), #7 Exhibit Amended Complaint (underlying), #8 Exhibit Essian's Answer and Affirmative Defenses to Amended Complaint, #9 Exhibit Settlement Agreement and Assignment, #10 Exhibit Consent Judgment, #11 Exhibit CGL Policy No. VIGP010696, #12 Exhibit CGL Policy No. VIGP012269, #13 Proposed Summons Andrew Zavodney, #14 Proposed Summons Laura Zavodney, #15 Proposed Summons Essian Construction)(Rosengarten, Yonit) Modified on 1/15/2020 (BIA).
January 14, 2020 Opinion or Order Filing 11 ORDER: Plaintiff's Amended Complaint for Declaratory Relief (Doc. #8) is DISMISSED WITHOUT PREJUDICE. Signed by Judge Roy B. Dalton, Jr. on 1/14/2020. (ctp)(JLC)
January 14, 2020 Filing 10 SUMMONS issued as to Essian Construction, LLC, Andrew Zavodney, Laura Zavodney. (BIA)
January 13, 2020 Filing 9 PROPOSED summons to be issued by Gemini Insurance Company. (Rosengarten, Yonit)
January 13, 2020 Filing 8 AMENDED COMPLAINT For Declaratory Relief against Essian Construction, LLC, Andrew Zavodney, Laura Zavodney filed by Gemini Insurance Company. Related document: #1 Complaint filed by Gemini Insurance Company. (Attachments: #1 Exhibit Notice of Commencement, #2 Exhibit Pella Contract, #3 Exhibit Fox Contract, #4 Exhibit Sales Contract, #5 Exhibit Water Intrusion Report, #6 Exhibit Complaint (underlying), #7 Exhibit Amended Complaint (underlying), #8 Exhibit Essian Answer and Defenses to Amended Complaint, #9 Exhibit Settlement Agreement and Assignment, #10 Exhibit Consent Judgment, #11 Exhibit Policy, #12 Exhibit Policy, #13 Proposed Summons Essian Construction, #14 Proposed Summons Andrew Zavodney, #15 Proposed Summons Laura Zavodney)(Rosengarten, Yonit)
January 13, 2020 Filing 7 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 1/27/2020. Signed by Deputy Clerk on 1/13/2020. (ctp)(JLC)
January 13, 2020 Filing 6 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 1/27/2020. Signed by Deputy Clerk on 1/13/2020. (Ctp)(JLC)
January 13, 2020 Opinion or Order Filing 5 ORDER: Plaintiff's Complaint for Declaratory Relief (Doc. #1) is DISMISSED WITHOUT PREJUDICE. Signed by Judge Roy B. Dalton, Jr. on 1/13/2020. (ctp)(JLC)
January 9, 2020 Filing 4 SUMMONS issued as to Essian Construction, LLC, Andrew Zavodney, Laura Zavodney. (BIA)
January 9, 2020 Filing 3 NOTICEof Filing Corrected Exhibit No. 10 re #1 Complaint by Gemini Insurance Company (Attachments: #1 Exhibit Corrected Exhibit No. 10 to Complaint for Declaratory Relief)(Rosengarten, Yonit) Modified on 1/9/2020 (BIA).
January 9, 2020 Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Embry J. Kidd. New case number: 6:20-cv-36-Orl-37EJK. (SJB)
January 8, 2020 Filing 1 COMPLAINT for Declaratory Relief against Essian Construction, LLC, Andrew Zavodney, Laura Zavodney (Filing fee $ 400 receipt number 113A-16330253) filed by Gemini Insurance Company. (Attachments: #1 Exhibit Notice of Commencement, #2 Exhibit Pella Contract, #3 Exhibit Fox Contract, #4 Exhibit Sales Contract, #5 Exhibit Water Intrusion Report, #6 Exhibit Complaint (underlying), #7 Exhibit Amended Complaint (underlying), #8 Exhibit Essian Answer and Defenses, #9 Exhibit Settlement Agreement and Assignment, #10 Exhibit Consent Judgment, #11 Exhibit Policy, #12 Exhibit Policy, #13 Civil Cover Sheet, #14 Proposed Summons Andrew Zavodney, #15 Proposed Summons Laura Zavodney, #16 Proposed Summons Essian Construction)(Rosengarten, Yonit)

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Defendant: Andrew Zavodney
Represented By: James Michael McCrae
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Defendant: Essian Construction
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Defendant: Laura Zavodney
Represented By: James Michael McCrae
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Defendant: Essian Construction, LLC
Represented By: David E. Borack
Represented By: Richard Barry Morgan
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Plaintiff: Gemini Insurance Company
Represented By: Yonit Rosengarten
Represented By: Fay E. Ryan
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