Adelson v. Berkshire Life Insurance Company of America
| Dr. Charles J. Adelson and Charles J. Adelson |
| Berkshire Life Insurance Company of America |
| 0:2020cv62692 |
| December 30, 2020 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Alicia O Valle |
| Insurance |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.
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Filing 152
PAPERLESS ORDER granting #151 Motion to Withdraw as Attorney. Lelia Maria Menendez Schleier representing Berkshire Life Insurance Company of America (Defendant) withdrawn from case. Signed by Judge Rodney Smith on 6/17/2022. (cbn)
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| Filing 151 Unopposed MOTION to Withdraw as Attorney by Lelia M. M. Schleier for / by Berkshire Life Insurance Company of America. Responses due by 7/1/2022 (Attachments: #1 Text of Proposed Order Order for Withdrawal of Lelia M. M. Schleier as Counsel for Defendant)(Menendez Schleier, Lelia) |
| Filing 150 RESPONSE in Support re #137 MOTION for Leave to File Amended Motion for Judicial Notice filed by Berkshire Life Insurance Company of America. (Furman, Wendy) |
| Filing 149 REPLY to Response to Motion re #128 Defendant's MOTION Motion for Judicial Notice filed by Berkshire Life Insurance Company of America. (Furman, Wendy) |
| Filing 148 RESPONSE in Opposition re #137 MOTION for Leave to File Amended Motion for Judicial Notice filed by Charles J. Adelson. Replies due by 5/17/2022. (Hassebrock, Benjamin) |
| Filing 147 RESPONSE in Opposition re #127 Defendant's MOTION in Limine filed by Charles J. Adelson. Replies due by 5/16/2022. (Attachments: #1 Exhibit A - Adelson's Rebuttal Expert Witness Disclosure, #2 Exhibit B - Defendant's Expert Witness Disclosure)(Hassebrock, Benjamin) |
| Filing 146 RESPONSE in Opposition re #128 Defendant's MOTION Motion for Judicial Notice filed by Charles J. Adelson. Replies due by 5/16/2022. (Hassebrock, Benjamin) |
| Filing 145 RESPONSE in Opposition re #134 Plaintiff's MOTION in Limine filed by Berkshire Life Insurance Company of America. Replies due by 5/16/2022. (Furman, Wendy) |
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Filing 144
PAPERLESS ORDER granting in part and denying in part #143 Joint Motion for Extension to File Proposed Joint Verdict Form. The parties shall file their joint verdict form by July 6, 2022. Signed by Judge Rodney Smith on 5/2/2022. (cbn)
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| Filing 143 Joint MOTION for Extension of Time to File Joint Verdict Form by Berkshire Life Insurance Company of America. Responses due by 5/13/2022 (Attachments: #1 Text of Proposed Order)(Furman, Wendy) |
| Filing 142 Proposed Jury Instructions by Berkshire Life Insurance Company of America. (Attachments: #1 Exhibit Berkshire's Proposed Verdict Form, #2 Exhibit PLF's Proposed Verdict Form)(Furman, Wendy) |
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Filing 141
ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO CONTINUE TRIAL re #138 Motion to Continue. Status Conference set for 7/6/2022 11:00 AM before Judge Rodney Smith. Signed by Judge Rodney Smith on 4/29/2022. See attached document for full details. (ebz)
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Filing 140
PAPERLESS ORDER granting #139 Joint Motion for Extension of Time to Respond to Motions in Limine and Defendant's Motion for Judicial Notice. The parties shall file their responses by May 9, 2022. Signed by Judge Rodney Smith on 4/29/2022. (cbn)
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| Filing 139 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #134 Plaintiff's MOTION in Limine , #128 Defendant's MOTION Motion for Judicial Notice , #127 Defendant's MOTION in Limine by Charles J. Adelson. (Attachments: #1 Text of Proposed Order)(Hassebrock, Benjamin) |
| Filing 138 Unopposed MOTION to Continue Trial re #12 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by Charles J. Adelson. Responses due by 5/13/2022 (Attachments: #1 Exhibit A - Affidavit of Benjamin C. Hassebrock, Esq., #2 Text of Proposed Order)(Hassebrock, Benjamin) |
| Filing 137 MOTION for Leave to File Amended Motion for Judicial Notice by Berkshire Life Insurance Company of America. (Attachments: #1 Exhibit Exhibit 1 - Amended Motion for Judicial Notice, #2 Exhibit Ex A - Index to Amended Motion for Judicial Notice, #3 Exhibit Composite Ex B - 2016 Published Articles Relating to Mr. Markel's Murder Investigation, #4 Exhibit Composite Ex C - Articles Published After 2016 Focused on Negative Publicity, #5 Exhibit Composite Ex D - Records Filed in Criminal Proceedings Against Magbauna, #6 Exhibit Composite Ex E - Articles Regarding Plaintiff's Arrest, #7 Exhibit Ex. F - 2022-04-26 Probable Cause Affidavit, #8 Exhibit Ex. G - 2016-04-20 Recording Transcript)(Furman, Wendy) |
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Filing 136
PAPERLESS ORDER granting #135 Joint Motion for Extension of Time. The parties shall file their joint proposed jury instructions and joint proposed verdict form by April 29, 2022. Signed by Judge Rodney Smith on 4/21/2022. (cbn)
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| Filing 135 Joint MOTION for Extension of Time to file joint jury instructions and joint verdict form re 133 Order Striking,, by Berkshire Life Insurance Company of America. Responses due by 5/4/2022 (Attachments: #1 Text of Proposed Order)(Furman, Wendy) |
| Filing 134 Plaintiff's MOTION in Limine by Charles J. Adelson. (Hassebrock, Benjamin) |
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Filing 133
PAPERLESS ORDER STRIKING #132 Notice (Other) filed by Charles J. Adelson, #131 Proposed Jury Instructions filed by Charles J. Adelson, #129 Notice (Other) filed by Berkshire Life Insurance Company of America. The parties were ordered to file joint jury instructions and a joint verdict form. A review of the proposed jury instructions and proposed verdict forms indicates that the parties did not attempt to file joint instructions as to the claims in the matter or a joint verdict form. The parties shall confer and attempt to file joint instructions and a joint verdict form by April 22, 2022. Signed by Judge Rodney Smith on 4/18/2022. (cbn)
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| Filing 132 STRICKEN NOTICE by Charles J. Adelson PLAINTIFFS NOTICE OF FILING PLAINTIFFS PROPOSED VERDICT FORM (Attachments: #1 Exhibit Ex A - Verdict Form) (Hassebrock, Benjamin) Modified per DE 133 ORDER on 4/19/2022 (ebz). |
| Filing 131 Proposed Jury Instructions by Charles J. Adelson. (Hassebrock, Benjamin) |
| Filing 130 PRETRIAL STIPULATION JOINT by Charles J. Adelson (Attachments: #1 Exhibit Ex A - Adelson Exhibit List, #2 Exhibit Ex B - Berskshire Exhibit List, #3 Exhibit Ex C - Adelson Witness List, #4 Exhibit Ex D - Berkshire Witness List)(Hassebrock, Benjamin) |
| Filing 129 NOTICE by Berkshire Life Insurance Company of America re #12 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, of Filing Defendant's Proposed Verdict Form (Furman, Wendy) |
| Filing 128 Defendant's MOTION Motion for Judicial Notice by Berkshire Life Insurance Company of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Furman, Wendy) |
| Filing 127 Defendant's MOTION in Limine by Berkshire Life Insurance Company of America. (Furman, Wendy) |
| Filing 126 NOTICE by Charles J. Adelson NOTICE OF FILING DEPOSITION TRANSCRIPT OF C. DAVID BOMAR, M.D. (Attachments: #1 Exhibit Ex. A - Depo Transcript of C. David Bomar, M.D) (Hassebrock, Benjamin) |
| Filing 125 NOTICE of Attorney Appearance by Stephen A. Marino, Jr on behalf of Charles J. Adelson. Attorney Stephen A. Marino, Jr added to party Charles J. Adelson(pty:pla). (Marino, Stephen) |
| Filing 124 NOTICE by Charles J. Adelson re #12 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, of Filing Deposition Designations, Objections to Defendant's Deposition Designations, Counter-Designations, and Objections to Defendant's Counter-Designations (Loy, Alexander) |
| Filing 123 NOTICE by Berkshire Life Insurance Company of America re #12 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, of Filing its Deposition Designations, Objections to Plaintiffs Deposition Designations and Counter Designations (Furman, Wendy) |
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Filing 122
PAPERLESS ORDER granting #121 Joint Motion to Clarify and Extend Deadline for Deposition Designations. The parties shall submit their deposition designations and counter-designations by March 25, 2022. Deposition designations are to be submitted for all witnesses who are expected to be unavailable for trial. Signed by Judge Rodney Smith on 3/14/2022. (cbn)
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| Filing 121 Joint MOTION for Extension of Time to Clarify and Extend Deadline for Deposition Designations re #12 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by Charles J. Adelson. Responses due by 3/25/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Hassebrock, Benjamin) |
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Filing 120
PAPERLESS ORDER striking #119 Berkshire's Objection to Omnibus Order on Discovery Motions. The parties filed an Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Motions [DE 10] indicating that they "voluntarily elect to have a United States Magistrate Judge decide [discovery] motions and issue a final order or judgment." This renders Judge Valle's discovery orders final and binding on the parties. Any review of the orders, then, would be through the federal court of appeals, following the same process as obtaining review of an order by the district judge. 28 U.S.C. 636(c)(3) (providing that the appeal route from any final order or judgment entered by a magistrate judge is directly to the appropriate United States court of appeals). Signed by Judge Rodney Smith on 2/25/2022. (cbn)
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| Filing 119 STRICKEN Defendant's OBJECTION of Magistrate Judge #116 Order on Motion for Protective/Confidentiality Order, Order on Motion for Miscellaneous Relief, to District Court (Attachments: #1 Exhibit 1- Probable Cause Affidavit, #2 Exhibit 2- Jan. 15 and 16, 2021 Emails, #3 Exhibit 3- Jan. 13, 2021 Emails)(Furman, Wendy) Modified per DE# 120 Order on 2/25/2022 (ebz). |
| Filing 118 Plaintiff's RESPONSE to #117 Notice of Supplemental Authority, Defendant's Notice of Supplemental Authority in Support of the Entry of Summary Judgment in Its Favor by Charles J. Adelson. (Hassebrock, Benjamin) |
| Filing 117 Notice of Supplemental Authority in Support of the Entry of Summary Judgment by Berkshire Life Insurance Company of America (Attachments: #1 Exhibit 1, Dr. Kaufman Depo Transcript, #2 Exhibit 2, Dr. VanBuskirk Depo Transcript, #3 Exhibit 3, Dr. Yates Depo Transcript) (Furman, Wendy) |
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Filing 116
OMNIBUS ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Alicia O. Valle on 2/10/2022. See attached document for full details. (sd01)
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| Filing 115 RESPONSE in Opposition re #113 Amended MOTION for Leave to File a Motion to Compel the Continued Deposition of Plaintiff and to Avoid the Recitations Required Under Local Rule 26.1(g)(2) and for Extension if Necessary filed by Charles J. Adelson. Replies due by 2/8/2022. (Hassebrock, Benjamin) |
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Filing 114
PAPERLESS ORDER requiring the parties to deliver to the Court courtesy copies of their motions for summary judgment, statements of material facts, responses, replies, and all exhibits thereto. The parties shall provide printed courtesy copies in three ring binders by January 31, 2022. All exhibits shall be labeled and tabbed so that the tab is visible when the binders are closed. Signed by Judge Rodney Smith on 1/25/2022. (cbn)
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| Filing 113 Amended MOTION for Leave to File a Motion to Compel the Continued Deposition of Plaintiff by Berkshire Life Insurance Company of America. (Attachments: #1 Exhibit Ex 1 - Proposed Motion to Compel Plaintiffs Continued Deposition and for Extension of the Discovery Deadline, #2 Text of Proposed Order Proposed Order)(Furman, Wendy) |
| Filing 112 REPLY to #100 Response/Reply (Other), to Defendant's Statement of Material Facts in Support of its Motion for Summary Judgment by Berkshire Life Insurance Company of America. (Attachments: #1 Exhibit 1-Rahat Faderani Deposition Transcript, #2 Exhibit 2-Heather Kruczkowski Deposition Transcript, #3 Exhibit 3-Plf's Rebuttal Expert Witness Disclosure)(Furman, Wendy) |
| Filing 111 RESPONSE in Support re #82 Defendant's MOTION for Summary Judgment filed by Berkshire Life Insurance Company of America. (Furman, Wendy) |
| Filing 110 RESPONSE in Opposition re #102 MOTION Granting Leave to File a Combined Response to PLF's Motion for Protective Order Precluding or Limiting PLF's 2nd Deposition re #95 Plaintiff's MOTION for Protective Order Precluding or Limiting Plaintiff's Second De filed by Charles J. Adelson. Replies due by 1/28/2022. (Hassebrock, Benjamin) |
| Filing 109 RESPONSE in Support re #84 MOTION for Partial Summary Judgment filed by Charles J. Adelson. (Hassebrock, Benjamin) |
| Filing 108 TRANSCRIPT of Motion Hearing held on 1/5/2022 before Magistrate Judge Alicia O. Valle, 1-104 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/8/2022. Redacted Transcript Deadline set for 2/18/2022. Release of Transcript Restriction set for 4/18/2022. (apz) |
| Reset Deadlines as to #84 MOTION for Partial Summary Judgment . Replies due by 1/20/2022. (ls)(per DE #107) |
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Filing 107
PAPERLESS ORDER granting #105 Plaintiff's Unopposed Motion for Extension of Time to File Reply in Support of His Motion for Partial Summary Judgment. Plaintiff shall file his reply by January 20, 2022. Signed by Judge Rodney Smith on 1/18/2022. (cbn)
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| Filing 106 RESPONSE in Opposition re #95 Plaintiff's MOTION for Protective Order Precluding or Limiting Plaintiff's Second Deposition filed by Berkshire Life Insurance Company of America. Replies due by 1/25/2022. (Attachments: #1 Exhibit 1- Jan. 5, 2022 Hearing Transcript)(Furman, Wendy) |
| Filing 105 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #84 MOTION for Partial Summary Judgment by Charles J. Adelson. (Attachments: #1 Text of Proposed Order Proposed Order)(Hassebrock, Benjamin) |
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Filing 104
PAPERLESS ORDER granting #103 Defendant's Unopposed Motion for Extension of Time to File Reply in Support of its Pending Motion for Summary Judgment. Defendant shall file its reply by January 21, 2022. Signed by Judge Rodney Smith on 1/14/2022. (cbn)
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| Filing 103 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #82 Defendant's MOTION for Summary Judgment by Berkshire Life Insurance Company of America. (Attachments: #1 Text of Proposed Order Granting Defendant Berkshire Life Insurance Company of Americas Unopposed Motion for Extension of Time to File Reply in Support of its Pending Motion for Summary Judgment)(Furman, Wendy) |
| Filing 102 MOTION REQUESTING LEAVE TO FILE A COMBINED RESPONSE TO PLAINTIFF'S MOTION FOR PROTECTIVE ORDER PRECLUDING OR LIMITING PLAINTIFF'S SECOND DEPOSITION AND MOTION TO COMPEL CONTINUED DEPOSITION OF PLAINTIFF AND TO AVOID THE RECITATIONS REQUIRED UNDER LOCAL RULE 26.1(g)(2) by Berkshire Life Insurance Company of America. (Attachments: #1 Text of Proposed Order Granting Leave to File a Combined Response to PLF's Motion for Protective Order Precluding or Limiting PLF's 2nd Deposition)(Furman, Wendy) Modified text on 1/14/2022 (ebz). |
| Filing 101 RESPONSE in Opposition re #82 Defendant's MOTION for Summary Judgment filed by Charles J. Adelson. Replies due by 1/19/2022. (Hassebrock, Benjamin) |
| Filing 100 Plaintiff's RESPONSE to #83 Statement,,,,,,,,,, by Charles J. Adelson. (Attachments: #1 Exhibit A - Deposition of Jay Shapiro CPA 12-7-2021, #2 Exhibit B - 2016-09-12 MRI Rpt by Dr. Friedman, #3 Exhibit C - Deposition of Richard N Kishner, MD 12-13-2021, #4 Exhibit D - Deposition of David Licht 12-16-2021, #5 Exhibit E - Kruczkowski Financial Report)(Hassebrock, Benjamin) |
| Filing 99 Plaintiff's REPLY to Response to Motion re #62 Plaintiff's MOTION to Strike Defendant's Witness List and For Sanctions filed by Charles J. Adelson. (Attachments: #1 Exhibit A - Def's Amended Witness List)(Hassebrock, Benjamin) |
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Filing 98
PAPERLESS ORDER granting #94 Joint Motion for Extension of Time to File Responses in Opposition to Pending Summary Judgment Motions. The parties shall file their responses by January 12, 2022. Signed by Judge Rodney Smith on 1/11/2022. (cbn)
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| Filing 97 Defendant's RESPONSE to #85 Statement, of Material Facts in Support of Plaintiff's Motion for Summary Partial Judgment by Berkshire Life Insurance Company of America. (Attachments: #1 Exhibit 1-Nov. 12, 2021 E-mail)(Furman, Wendy) |
| Filing 96 RESPONSE in Opposition re #84 MOTION for Partial Summary Judgment filed by Berkshire Life Insurance Company of America. Replies due by 1/18/2022. (Furman, Wendy) |
| Filing 95 Plaintiff's MOTION for Protective Order Precluding or Limiting Plaintiff's Second Deposition by Charles J. Adelson. (Attachments: #1 Exhibit Ex. A - 2022-1-5 email RE Adelson for conferral)(Hassebrock, Benjamin) |
| Filing 94 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #84 MOTION for Partial Summary Judgment , #82 Defendant's MOTION for Summary Judgment by Charles J. Adelson. (Attachments: #1 Text of Proposed Order Proposed Order)(Loy, Alexander) |
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Filing 93
PAPERLESS ORDER denying #90 Plaintiff's Unopposed Motion for Leave to File Amended Motion for Partial Summary Judgment. Plaintiff has not shown "good cause." Plaintiff was aware of Defendant's affirmative defense and could have conducted the discovery earlier. Signed by Judge Rodney Smith on 1/6/2022. (cbn)
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| Filing 92 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Telephonic Motion Hearing held on 1/5/2022 re #55 MOTION to Compel, #63 MOTION to Compel Continued Deposition of Harvey Adleson, #54 Plaintiff's MOTION to Strike Berkshire's Expert Witness Disclosure of Heather Kruczkowski, #45 MOTION to Compel Production of Documents in Compliance with Discovery Orders and for Sanctions. Total time in court: 3 hour(s) : 20 minutes. Attorney Appearance(s): Benjamin C Hassebrock, Alexander Irimia Loy, Lelia Maria Menendez Schleier, Wendy Lynn Furman, (ATT Digital Audio Recording: AOV_01_01_05_2022) (tpl) |
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Filing 91
PAPERLESS ORDER ON DISCOVERY MOTIONS. For the reasons stated on the record of the hearing held on January 5, 2022, it is hereby ORDERED AND ADJUDGED that:1. Defendant's Motion to Compel Production of Documents in Compliance with Discovery Orders and for Sanctions (ECF #45 ) is GRANTED IN PART AND DENIED IN PART; 2. Plaintiff's Motion to Strike Berkshire's Expert Witness Disclosure of Heather Kruczkowski (ECF #54 ) is GRANTED IN PART AND DENIED IN PART; 3. Berkshire's Motion to Compel Adelson Institute's Compliance with Non-Party Subpoena (ECF #55 ) is GRANTED IN PART AND DENIED IN PART; 4. Berkshire's Motion to Compel Continued Deposition of Harvey Adelson, DMD (ECF #63 ) (the "Motion to Compel Deposition") is GRANTED IN PART AND DENIED IN PART. The Court's Order on this Motion to Compel Deposition is stayed for three days to allow Plaintiff to file objections before the District Judge; and 5. Unless otherwise agreed by the parties, the parties must produce responsive documents and depose the witnesses within 14 days from the date of this Order. All discovery must be completed by the January 31, 2022 discovery deadline. Signed by Magistrate Judge Alicia O. Valle on 1/5/2022. (sd01)
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| Filing 90 Plaintiff's MOTION for Leave to File Amended Motion for Partial Summary Judgment (Unopposed) by Charles J. Adelson. (Attachments: #1 Text of Proposed Order Proposed Order)(Hassebrock, Benjamin) |
| Filing 89 RESPONSE in Opposition re #62 Plaintiff's MOTION to Strike Defendant's Witness List and For Sanctions filed by Berkshire Life Insurance Company of America. Replies due by 1/11/2022. (Attachments: #1 Exhibit 1)(Furman, Wendy) |
| Filing 88 STATUS REPORT - JOINT by Berkshire Life Insurance Company of America (Furman, Wendy) |
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Filing 87
ORDER granting #66 BERKSHIRES MOTION FOR LEAVE TO TAKE ADDITIONAL DEPOSITIONS AND FOR EXTENSION OF DISCOVERY DEADLINE. Discovery due by 1/31/2022. Signed by Judge Rodney Smith on 12/28/2021. See attached document for full details. (drz) Modified on 12/28/2021 (drz).
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| Filing 86 REPLY to Response to Motion re #66 MOTION for Extension of Time of Discovery Cutoff Deadline and to Take Additional Depositions filed by Berkshire Life Insurance Company of America. (Furman, Wendy) |
| Filing 85 Statement of: OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY PARTIAL JUDGMENT by Charles J. Adelson re #84 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit Ex. A - Charles Adelson dep, #2 Exhibit Ex. B - 2017-01-03 Medical Records Review by D. Licht, #3 Exhibit Ex. C - Adelson's RFP)(Hassebrock, Benjamin) |
| Filing 84 MOTION for Partial Summary Judgment by Charles J. Adelson. Responses due by 1/10/2022 (Attachments: #1 Exhibit Ex. A - Berkshire's Resp to Second RFP, #2 Exhibit Ex. B - Mark Kuhl dep, #3 Exhibit Ex. C - Andrew Soares dep)(Hassebrock, Benjamin) |
| Filing 83 Statement of: Undisputed Materials Facts in Support of Its Motion for Summary Judgment by Berkshire Life Insurance Company of America re #82 Defendant's MOTION for Summary Judgment (Attachments: #1 Exhibit 1 - Policy Z1017180, #2 Exhibit 2 - Policy Z9320100, #3 Exhibit 3 - Policy Z1490440, #4 Exhibit 4 - 2016-11-03 TPC with Charlie re date of injury, #5 Exhibit 5 - 2017-01-03 Memo, #6 Exhibit 6 - 2021-12-14 Depo Transcript of Charles Adelson Mini, #7 Exhibit 7 - Jonathan Gottlieb, M.D. subpoena response, #8 Exhibit 8 - 2016-08-30 OVN with Dr. Friedman, #9 Exhibit 9 - 2017-06-23 Denial letter, #10 Exhibit 10 - OVN by Dr. Faderani, #11 Exhibit 11 - 2016-10-27 TPC with PLF re claim, #12 Exhibit 12 - 2016-10-28 Berkshire claim info, #13 Exhibit 13 - 2016-10-31 APS by Dr. Faderani, #14 Exhibit 14 - 2016-11-15 Berkshire ltr re forms not received, #15 Exhibit 15 - 2016-11-22 Berkshire Letter, #16 Exhibit 16 - 2016-11-02 Authorization, #17 Exhibit 17 - John Graff 111621 MINI, #18 Exhibit 18 - 2016-11-01 Claimant's Statement, #19 Exhibit 19 - 2016-12-15 Letter, #20 Exhibit 20 - 2016-12-23 TPC, #21 Exhibit 21 - 2016-12-31 Medical Records Review by Dr. David Licht, #22 Exhibit 22 - 2017-01-12 Email, #23 Exhibit 23 - 2017-01-23 Letter, #24 Exhibit 24 - Financial Records, #25 Exhibit 25 - Occupational Production Records, #26 Exhibit 26 - 2017-04-05 TPC re CDT codes, #27 Exhibit 27 - Dr. Bomar Review, #28 Exhibit 28 - 2017-04-20 Berkshire status ltr to Claimant, #29 Exhibit 29 - 2017-04-29 Dr. Bomar addendum, #30 Exhibit 30 - 2017-04-29 Letter to Dr Faderani, #31 Exhibit 31 - 2017-05-01 Berkshire letter re no response from Dr. Faderani, #32 Exhibit 32 - 2017-05-01 TPC with Claimant, #33 Exhibit 33 - 2017-05-02 Email re missing codes, #34 Exhibit 34 - 2017-07-13 Seaman Letter, #35 Exhibit 35 - Dr. Kishner OVN's, #36 Exhibit 36 - Dental Offices, #37 Exhibit 37 - 2021-09-28 PLF's Amended Answers to Interrogatories, #38 Exhibit 38 - ADELSON_BERKSHIRE 10692-ADELSON 10762 - DR Dental Associates, #39 Exhibit 39 - NP-018746 Thomas VanBuskirk subopena response NO RECORDS, #40 Exhibit 40 - Devack Letter, #41 Exhibit 41 - Heinicke Subpoena Response, #42 Exhibit 42 - Town Center Central Non Service, #43 Exhibit 43 - Dr. Bomar 9-26-21 Review, #44 Exhibit 44 - Dr. Bomar Review dated 10-9-21, #45 Exhibit 45 - Dr. Bomar Report dated 10-19-21, #46 Exhibit 46 - Declaration of John Brennan Graff)(Furman, Wendy) |
| Filing 82 Defendant's MOTION for Summary Judgment by Berkshire Life Insurance Company of America. Responses due by 1/10/2022 (Furman, Wendy) |
| Filing 81 RESPONSE in Opposition re #63 MOTION to Compel Continued Deposition of Harvey Adleson, D.M.D. and for Extension of Discovery Deadline filed by Charles J. Adelson. Replies due by 12/30/2021. (Attachments: #1 Exhibit Email exchange)(Hassebrock, Benjamin) |
| Filing 80 PLAINTIFF'S REPLY IN FURTHER SUPPORT OF HIS MOTION re #54 Plaintiff's MOTION to Strike Berkshire's Expert Witness Disclosure of Heather Kruczkowski filed by Charles J. Adelson. (Attachments: #1 Exhibit Attachment to Kruczkowski Report, #2 Exhibit Excerpt of Kruczkowski dep.)(Hassebrock, Benjamin) Modified text on 12/23/2021 (ebz). |
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Filing 79
PAPERLESS ORDER. Defendant shall file its reply, if any, to its Motion for Leave to Take Additional Depositions and for Extension of Discovery Deadline by December 27, 2021. Signed by Judge Rodney Smith on 12/23/2021. (cbn)
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| Filing 78 RESPONSE in Opposition re #66 MOTION for Extension of Time of Discovery Cutoff Deadline and to Take Additional Depositions filed by Charles J. Adelson. Replies due by 12/29/2021. (Attachments: #1 Exhibit Ex. A - 10-19-2021 Email re depositions, #2 Exhibit Ex. B - John Graff Depo Tran, #3 Exhibit Ex. C - Adelson List of Offices 000629-000631, #4 Exhibit Ex. D - Email, #5 Exhibit Ex. E - Excerpt Adelson 2018 depo)(Hassebrock, Benjamin) |
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Filing 77
PAPERLESS ORDER granting #76 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion to Strike Defendant's Witness List and for Sanctions. Defendant shall file its response by January 4, 2022. Signed by Judge Rodney Smith on 12/21/2021. (cbn)
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| Filing 76 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #62 Plaintiff's MOTION to Strike Defendant's Witness List and For Sanctions by Berkshire Life Insurance Company of America. (Attachments: #1 Text of Proposed Order Granting Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion to Strike Defendant's Witness List and for Sanctions)(Furman, Wendy) |
| Filing 75 NOTICE by Berkshire Life Insurance Company of America re #66 MOTION for Extension of Time of Discovery Cutoff Deadline and to Take Additional Depositions -- Notice of Filing Proposed Order Granting Defendant's Motion for Leave to Take Additional Depositions (Attachments: #1 Text of Proposed Order Granting Defendant's Motion for Leave to Take Additional Depositions) (Furman, Wendy) |
| Filing 74 NOTICE by Berkshire Life Insurance Company of America re #66 MOTION for Extension of Time of Discovery Cutoff Deadline and to Take Additional Depositions -- Notice of Filing Proposed Order Granting Defendant's Motion for Extension of Discovery Deadline (Attachments: #1 Text of Proposed Order Granting Defendant's Motion for Extension of Discovery Deadline) (Furman, Wendy) |
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Filing 73
PAPERLESS ORDER GRANTING #72 Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Compel Continued Deposition of Harvey Adelson, D.M.D (the "Motion to Compel"). Plaintiff must respond to the Motion to Compel by December 23, 2021. Signed by Magistrate Judge Alicia O. Valle on 12/21/2021. (sd01)
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| Filing 72 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #63 MOTION to Compel Continued Deposition of Harvey Adleson, D.M.D. and for Extension of Discovery Deadline by Charles J. Adelson. (Attachments: #1 Text of Proposed Order)(Hassebrock, Benjamin) |
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Filing 71
PAPERLESS ORDER granting #65 the parties' Joint Motion to Conduct Depositions After Discovery Deadline. The parties may take the depositions of Erika Johnson, Angela Berkovich, C. David Bomar, and Rahat Faderani after the current discovery deadline. Signed by Judge Rodney Smith on 12/20/2021. (cbn)
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Filing 70
PAPERLESS ORDER. If Plaintiff intends to file a response to Defendant's Motion for Leave to Take Additional Depositions and for Extension of Discovery Deadline, Plaintiff shall do so by December 22, 2021. Signed by Judge Rodney Smith on 12/20/2021. (cbn)
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Filing 69
ORDER SETTING TELEPHONIC HEARING ON DISCOVERY MOTIONS. Telephonic Motion Hearing set for 1/5/2022 at 2:00 PM in Fort Lauderdale Division before Magistrate Judge Alicia O. Valle. Signed by Magistrate Judge Alicia O. Valle on 12/20/2021. See attached document for full details. (sd01)
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Filing 68
PAPERLESS ORDER GRANTING #61 Plaintiff's Motion for Leave to File Reply in Further Support of His Motion to Strike Expert Witness Disclosure of Heather Kruczkowski. Plaintiff must file his reply within three business days from the date of this Order. Signed by Magistrate Judge Alicia O. Valle (sd01)
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Filing 67
PAPERLESS ORDER GRANTING #58 Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Compel Adelson Institute's Compliance with Non-Party Subpoena. Signed by Magistrate Judge Alicia O. Valle on 12/20/2021. (sd01)
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| Filing 66 MOTION for Extension of Time of Discovery Cutoff Deadline and to Take Additional Depositions by Berkshire Life Insurance Company of America. (Furman, Wendy) |
| Filing 65 Joint MOTION to Take Deposition from Erika Johnson, Angela Berkovich, C. David Bomar, M.D., and Rahat Faderani, D.O., after Discovery Deadline and for Incorporated Memorandum of Law by Berkshire Life Insurance Company of America. (Furman, Wendy) |
| Filing 64 NOTICE by Berkshire Life Insurance Company of America re #63 MOTION to Compel Continued Deposition of Harvey Adleson, D.M.D. and for Extension of Discovery Deadline (Attachments: #1 Exhibit A - Motion to Compel Continued Deposition of Dr. Harvey Adelson & for Extension of Discovery Deadline, #2 Exhibit 4 - Excerpts of Dr. Harvey Adelson's November 23, 2021 Deposition) (Furman, Wendy) |
| Filing 63 MOTION to Compel Continued Deposition of Harvey Adleson, D.M.D. and for Extension of Discovery Deadline by Berkshire Life Insurance Company of America. Responses due by 12/27/2021 (Attachments: #1 Exhibit 1 June 23, 2017 Denial LTR, #2 Exhibit 2 May 16, 2016 LTR from Dr. Kuhl, #3 Exhibit 3 November 15, 2021 Notice of Depositioon of Dr. Harvey Adelson)(Furman, Wendy) |
| Filing 62 Plaintiff's MOTION to Strike Defendant's Witness List and For Sanctions by Charles J. Adelson. Responses due by 12/23/2021 (Attachments: #1 Exhibit Ex. A - Pltf's Trial Witness List, #2 Exhibit Ex. B - Def's Witness List, #3 Exhibit Ex. C - Def's Rule 26 Disclosures)(Hassebrock, Benjamin) |
| Filing 61 Plaintiff's MOTION for Leave to File Reply in Further Support of His Motion to Strike Expert Witness Disclosure of Heather Kruczkowski by Charles J. Adelson. (Hassebrock, Benjamin) |
| Filing 60 RESPONSE in Opposition re #55 MOTION to Compel Adelson Institute to comply with Berkshires Non-Party Subpoena filed by Charles J. Adelson. Replies due by 12/7/2021. (Attachments: #1 Exhibit Ex. A - 11-17-2021 Eml exch between counsel re Adelson Inst_H. Adelson & Depos, #2 Exhibit Ex. B - 11-18-2021 Eml exch between counsel re MTC, #3 Exhibit Ex. C - 11-24-2021 Eml exch between counsel re IRS Auth)(Hassebrock, Benjamin) |
| Filing 59 RESPONSE in Opposition re #54 Plaintiff's MOTION to Strike Berkshire's Expert Witness Disclosure of Heather Kruczkowski filed by Berkshire Life Insurance Company of America. Replies due by 12/6/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Furman, Wendy) |
| Filing 58 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #55 MOTION to Compel Adelson Institute to comply with Berkshires Non-Party Subpoena by Charles J. Adelson. (Hassebrock, Benjamin) |
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Filing 57
PAPERLESS ORDER GRANTING #56 Defendant's Partially Unopposed Motion for Clarification and Motion for Extension of Time to Respond to #54 Plaintiff's Motion to Strike Defendant's Expert Witness Disclosure. Defendant has set forth good cause for the requested enlargement of time. See Fed. R. Civ. P. 6(b)(1). Accordingly, Defendant must respond to the #54 Plaintiff's Motion to Strike by November 29, 2021. Signed by Magistrate Judge Alicia O. Valle on 11/22/2021. (js06)
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| Filing 56 MOTION for clarification #54 Plaintiff's MOTION to Strike Berkshire's Expert Witness Disclosure of Heather Kruczkowski - PARTIALLY UNOPPOSED ( Responses due by 12/2/2021), MOTION for Extension of Time to File Response/Reply/Answer as to #54 Plaintiff's MOTION to Strike Berkshire's Expert Witness Disclosure of Heather Kruczkowski - PARTIALLY UNOPPOSED by Berkshire Life Insurance Company of America. (Attachments: #1 Text of Proposed Order Granting Partially Unopposed Motion for Clarification and Motion for Extension of Time to Respond to Plaintiff's Motion to Strike Heather Kruczkowski Expert Witness Disclosure)(Furman, Wendy) |
| Filing 55 MOTION to Compel Adelson Institute to comply with Berkshires Non-Party Subpoena by Berkshire Life Insurance Company of America. Responses due by 12/2/2021 (Attachments: #1 Exhibit 1 Subpoena to Adelson Institute, #2 Exhibit 2 Adelson Institute Detail by Entity Name, Fla. Div. of Corps, #3 Exhibit 3 Objections to the Subpoena)(Furman, Wendy) |
| Filing 54 Plaintiff's MOTION to Strike Berkshire's Expert Witness Disclosure of Heather Kruczkowski by Charles J. Adelson. Responses due by 11/29/2021 (Attachments: #1 Exhibit Ex. A - Def's Expert Witness Disclosures, #2 Exhibit Ex. B - Def's Rebuttal Expert Witness Disclosures)(Hassebrock, Benjamin) |
| Filing 53 Defendant's REPLY to Response to Motion re #45 MOTION to Compel Production of Documents in Compliance with Discovery Orders and for Sanctions filed by Berkshire Life Insurance Company of America. (Furman, Wendy) |
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Filing 52
PAPERLESS ORDER granting #51 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Thomas F.A. Hetherington. Signed by Judge Rodney Smith on 11/3/2021. (cbn)
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| Filing 51 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas F.A. Hetherington. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #49 Motion to Appear Pro Hac Vice, by Berkshire Life Insurance Company of America. Responses due by 11/17/2021 (Attachments: #1 Text of Proposed Order Granting Amended Motion for Thomas F.A. Hetherington to Appear Pro Hac Vice)(Furman, Wendy) |
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Filing 50
PAPERLESS ORDER denying #49 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Thomas F.A. Hetherington representing Berkshire Life Insurance Company of America. Mr. Hetherington has not certified that he has not filed three or more motions for pro hac vice admission in this District within the last 365 days. Notice of Termination delivered by US Mail to Thomas Hetherington. Signed by Judge Rodney Smith on 11/3/2021. (cbn)
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| Filing 49 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas F.A. Hetherington. Filing Fee $ 200.00 Receipt # AFLSDC-15144838 by Berkshire Life Insurance Company of America. Responses due by 11/17/2021 (Attachments: #1 Text of Proposed Order Granting Motion for Thomas F.A. Hetherington to Appear Pro Hac Vice)(Furman, Wendy) |
| Attorney Thomas F.A. Hetherington representing Berkshire Life Insurance Company of America (Defendant) Activated. (pt) |
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Filing 48
PAPERLESS ORDER GRANTING #47 Defendant Berkshire's Motion for Leave to File a Reply in Support of #45 its Motion to Compel Production of Documents. By November 4, 2021, Berkshire may file a reply, limited to 5 double-spaced pages, 12 pt. font. Signed by Magistrate Judge Alicia O. Valle on 11/1/2021. (sd01)
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| Filing 47 Defendant's MOTION for Leave to File a Reply in Support of Its Motion to Compel Production of Documents in Compliance with Discovery Orders and for Sanctions by Berkshire Life Insurance Company of America. (Attachments: #1 Text of Proposed Order)(Furman, Wendy) |
| Filing 46 RESPONSE in Opposition re #45 MOTION to Compel Production of Documents in Compliance with Discovery Orders and for Sanctions filed by Charles J. Adelson. Replies due by 11/4/2021. (Attachments: #1 Exhibit Ex. A Excerpts of 9/29/2021 Discovery Hearing)(Hassebrock, Benjamin) |
| Filing 45 MOTION to Compel Production of Documents in Compliance with Discovery Orders and for Sanctions by Berkshire Life Insurance Company of America. Responses due by 11/4/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order Proposed Order)(Furman, Wendy) |
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Filing 44
PAPERLESS ORDER granting in part and denying in part #42 Plaintiff's Motion for Clarification or Extension of Expert Disclosure Deadline. The Court's prior order did not extend the expert disclosure deadline. Plaintiff has not shown "good cause," as required by Federal Rule of Civil Procedure 16(b)(4), for extending the expert disclosure deadline. Signed by Judge Rodney Smith on 10/20/2021. (cbn)
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| Filing 43 RESPONSE in Opposition re #42 Plaintiff's MOTION for clarification 38 Order on Motion for Miscellaneous Relief,, or Extension of Expert Disclosure Deadline filed by Berkshire Life Insurance Company of America. Replies due by 10/26/2021. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Furman, Wendy) |
| Filing 42 Plaintiff's MOTION for clarification 38 Order on Motion for Miscellaneous Relief,, or Extension of Expert Disclosure Deadline by Charles J. Adelson. Responses due by 11/2/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Hassebrock, Benjamin) |
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Filing 41
PAPERLESS ORDER GRANTING #40 Plaintiff's Motion for Extension of Deadline for Supplemental Discovery (the "Motion"). In the interest of efficient case administration, a response to the Motion is unnecessary as the Court is fully familiar with this action. Accordingly, Plaintiff must serve Defendant with his supplemental production by October 20, 2021. Signed by Magistrate Judge Alicia O. Valle on 10/18/2021. (sd01)
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| Filing 40 Plaintiff's MOTION for Extension of Time of Deadline for Supplemental Discovery Responses Pursuant to D.E. 32 re 32 Order on Motion for Protective/Confidentiality Order,, Order on Motion to Compel, by Charles J. Adelson. Responses due by 10/29/2021 (Hassebrock, Benjamin) |
| Filing 39 FINAL MEDIATION REPORT by Joel Levine. Disposition: Case did not settle.(Levine, Joel) |
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Filing 38
PAPERLESS ORDER granting in part and denying in part #34 Defendant's Partially Unopposed Motion for Extension of Deadlines and Continuance. All discovery shall be completed by December 17, 2021. The parties shall provide written lists containing the names and addresses of all fact witnesses to be called at trial by December 1, 2021. Dispositive motions are due December 27, 2021. All other deadlines remain unchanged. Signed by Judge Rodney Smith on 10/12/2021. (cbn)
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| Filing 37 RESPONSE to Motion re #34 MOTION -- Partially Unopposed Motion for Extension of Deadlines and Continuance and Expedited Briefing and Incorporated Memorandum of Law filed by Charles J. Adelson. Replies due by 10/15/2021. (Hassebrock, Benjamin) |
| Filing 36 TRANSCRIPT of telephonic discovery hearing held on 9-29-2021 before Magistrate Judge Alicia O. Valle, 1-104 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (Savino, Dawn) |
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Filing 35
PAPERLESS ORDER requiring Plaintiff to file a response to Defendant's Partially Unopposed Motion for Extension of Deadlines and Continuance and Expedited Briefing by October 8, 2021. Signed by Judge Rodney Smith on 10/4/2021. (cbn)
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| Filing 34 MOTION -- Partially Unopposed Motion for Extension of Deadlines and Continuance and Expedited Briefing and Incorporated Memorandum of Law by Berkshire Life Insurance Company of America. (Attachments: #1 Exhibit A, #2 Affidavit Declaration of Wendy L. Furman in Support of Defendant's Motion for Extension of Deadlines and Continuance, #3 Text of Proposed Order Granting Defendant's Partially Unopposed Motion for Extension of Deadlines and Continuance and Expedited Briefing)(Furman, Wendy) |
| Filing 33 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Hearing held on #19 Plaintiff's Motion for Protective Order and #27 Defendant's Motion to Compel Better Amended Responses and Overrule Plaintiff's Amended Objections to Defendant's First Request for Production of Documents (together, the Motions). For the reasons stated on the record of the hearing, the Motions are GRANTED IN PART AND DENIED IN PART. Total time in court: 3 hour(s) : 15 minutes. (ATT Digital Audio Recording:AOV_01_9_29_2021) (tpl) |
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Filing 32
PAPERLESS ORDER ON DISCOVERY MOTIONS. For the reasons stated on the record of the hearing held on September 29, 2021, #19 Plaintiff's Motion for Protective Order and #27 Defendant's Motion to Compel Better Amended Responses and Overrule Plaintiff's Amended Objections to Defendant's First Request for Production of Documents are GRANTED IN PART AND DENIED IN PART. Signed by Magistrate Judge Alicia O. Valle on 9/29/2021. (sd01)
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Filing 31
PAPERLESS ORDER REGARDING DISCOVERY HEARING. The telephonic hearing set for Wednesday, September 29, 2021 at 2:00 p.m. will proceed as scheduled. Shortly before the hearing time, the parties shall call (877) 848-7030 and, when prompted, enter Access Code 2004890 followed by #. Signed by Magistrate Judge Alicia O. Valle on 9/28/2021. (sd01)
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| Filing 30 STATUS REPORT Joint Status Report by Berkshire Life Insurance Company of America (Furman, Wendy) |
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Filing 29
ORDER SETTING TELEPHONIC HEARING ON DISCOVERY MOTIONS. Telephonic Motion Hearing set for 9/29/2021 at 2:00 PM in Fort Lauderdale Division before Magistrate Judge Alicia O. Valle. Signed by Magistrate Judge Alicia O. Valle on 9/15/2021. See attached document for full details. (sd01)
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| Filing 28 RESPONSE in Opposition re #27 Defendant's MOTION to Compel Better Amended Responses and Overrule Plaintiff's Amended Objections to Defendant's First Request for Production of Documents filed by Charles J. Adelson. Replies due by 9/3/2021. (Attachments: #1 Exhibit Guardian Letter dated 6-23-2017, #2 Exhibit Declaration of Charles Adelson, #3 Exhibit Berkshire's Ntc of Intent to Issue Subpoenas 6-9-2021, #4 Exhibit Letter 4-14-2021 re auth to release, #5 Exhibit Def's Resp to Pltf's 1st RFP 8-5-2021)(Loy, Alexander) |
| Filing 27 Defendant's MOTION to Compel Better Amended Responses and Overrule Plaintiff's Amended Objections to Defendant's First Request for Production of Documents by Berkshire Life Insurance Company of America. Responses due by 9/3/2021 (Attachments: #1 Exhibit 1 -Defendant's Request for Production, #2 Exhibit 2 - Plaintiff's Amended Responses and Objections to Request for Production, #3 Exhibit 3 - Email of July 9, 2021, #4 Exhibit 4 - Standard's Motion to Compel and Order, #5 Exhibit 5 - Emails of August 19, 2021, #6 Text of Proposed Order)(Furman, Wendy) |
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Filing 26
PAPERLESS ORDER GRANTING #25 Defendant's Unopposed Motion Requesting Leave to File a Motion to Compel Discovery and Overrule Objections to Discovery Avoiding the Recitations Required under Local Rule 26.1(g)(2) or, alternatively, File a Motion in Excess of Ten Pages (the "Motion"). Defendant must adhere to the 10-page limitation and other requirements imposed by the undersigned's Discovery Procedures. See https://www.flsd.uscourts.gov/content/judge-alicia-o-valle. However, rather than recite the discovery requests and Plaintiff's responses as required under Local Rule 26.1(g)(2), Defendant may attach as exhibits the disputed discovery requests and responses. An example of this Court's general discovery procedures, including the requirement of a Joint Status Report and a possible hearing, can be found at Burnham Partners, Inc. v. ACE American Ins. Co., No. 20-CV-61374-AHS (S.D. Fla. Apr. 7, 2021) (holding a hearing after requiring the parties to meet and confer and file a Joint Status Report for the Court's consideration). A hearing remains within the Court's discretion. Signed by Magistrate Judge Alicia O. Valle on 8/19/2021. (sd01)
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| Filing 25 Unopposed MOTION for Leave to File Motion to Compel Discovery and Overrule Objections to Discovery not including Recitations of Discovery Request and Responses by Berkshire Life Insurance Company of America. (Attachments: #1 Exhibit Berkshire's 1st RFP Dated April 28, 2021, #2 Exhibit PLFs Amended Responses and Objections to Berkshires 1st RFP Dated July 21, 2021, #3 Text of Proposed Order)(Furman, Wendy) |
| Filing 24 Notice of Supplemental Authority re #22 Response in Opposition to Motion, for Protective Order by Berkshire Life Insurance Company of America (Attachments: #1 Exhibit A - Apples e-mail of August 13, 2021) (Furman, Wendy) |
| Filing 23 STIPULATION re #19 MOTION for Protective Order by Charles J. Adelson (Loy, Alexander) |
| Filing 22 RESPONSE in Opposition re #19 MOTION for Protective Order and Incorporated Memorandum of Law filed by Berkshire Life Insurance Company of America. Replies due by 8/13/2021. (Attachments: #1 Exhibit A - Charles Adelson Deposition Excerpts, #2 Exhibit B - Order re Motion for Protective Order, #3 Exhibit C - Text Messages, #4 Exhibit D - Emails)(Furman, Wendy) |
| Filing 21 RESPONSE TO ORDER TO SHOW CAUSE re 20 Order to Show Cause,,, by Berkshire Life Insurance Company of America. (Furman, Wendy) |
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Filing 20
PAPERLESS ORDER TO SHOW CAUSE. This cause comes before the Court upon #19 Plaintiff's Motion for Protective Order (the "Motion"). Discovery matters before Judge Valle are handled on an expedited briefing schedule and with a shortened page limitation. See http://www.flsd.uscourts.gov/content/judge-alicia-o-valle. Therefore, a response to the Motion was due by August 3, 2021. Defendant, however, has failed to respond. Accordingly, by August 6, 2021, Defendant must show cause why the Motion should not be granted. Failure to comply with this Order may result in the Motion being granted by default without further notice. The parties are also on notice that the Court enforces Federal Rule of Civil Procedure 37(a)(5). Signed by Magistrate Judge Alicia O. Valle (sd01)
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| Filing 19 MOTION for Protective Order by Charles J. Adelson. (Attachments: #1 Exhibit Coverage Denial Letter, #2 Exhibit Authorization and Confidentiality Agreement, #3 Exhibit Subpoena Objections, #4 Exhibit Subpoena to Apple, Inc.)(Loy, Alexander) |
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Filing 18
PAPERLESS ORDER granting #17 Unopposed Motion for Withdrawal of Attorney Kristina B. Pett as Counsel for Defendant. Kristina Beth Pett representing Berkshire Life Insurance Company of America (Defendant) withdrawn from case. Signed by Judge Rodney Smith on 7/23/2021. (cbn)
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| Filing 17 Unopposed MOTION to Withdraw as Attorney by Kristina B. Pett for / by Berkshire Life Insurance Company of America. Responses due by 8/6/2021 (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Withdrawal of Attorney Kristina B. Pett as Counsel for Defendant)(Pett, Kristina) |
| Filing 16 NOTICE of Attorney Appearance by Wendy Lynn Furman on behalf of Berkshire Life Insurance Company of America. Attorney Wendy Lynn Furman added to party Berkshire Life Insurance Company of America(pty:dft). (Furman, Wendy) |
| Filing 15 NOTICE of Attorney Appearance by Lelia Maria Menendez Schleier on behalf of Berkshire Life Insurance Company of America. Attorney Lelia Maria Menendez Schleier added to party Berkshire Life Insurance Company of America(pty:dft). (Menendez Schleier, Lelia) |
| Filing 14 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Berkshire Life Insurance Company of America, Joel Levine as Mediator. Mediation Hearing set for October 13, 2021 at 10:00 a.m.. (Pett, Kristina) |
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Filing 13
ORDER of Referral to Mediation. Signed by Judge Rodney Smith on 4/1/2021. See attached document for full details. (kpe)
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Filing 12
ORDER Setting Civil Trial Date, Pretrial Deadlines, And Referral To Magistrate Judge: ( Jury Trial set for 5/23/2022 before Judge Rodney Smith., Calendar Call set for 5/17/2022 09:00 AM before Judge Rodney Smith., Amended Pleadings due by 4/5/2021., Expert Discovery due by 11/19/2021., Fact Discovery due by 11/19/2021., Joinder of Parties due by 4/5/2021., Mediation Deadline 12/17/2021., In Limine Motions due by 4/16/2022., Dispositive Motions due by 12/17/2021., Motions due by 4/16/2022., Pretrial Stipulation due by 4/16/2022.) Signed by Judge Rodney Smith on 4/1/2021. See attached document for full details. (kpe) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 11 ANSWER and Affirmative Defenses to Complaint by Berkshire Life Insurance Company of America. (Pett, Kristina) |
| Filing 10 Election to Jurisdiction for Final Disposition of Motions . Filed by Charles J. Adelson (Hassebrock, Benjamin) |
| Filing 9 Joint SCHEDULING REPORT - Rule 16.1 by Charles J. Adelson (Attachments: #1 Exhibit Text of Proposed Order)(Hassebrock, Benjamin) |
| Filing 8 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Berkshire Life Insurance Company of America identifying Corporate Parent The Guardian Life Insurance Company of America for Berkshire Life Insurance Company of America (Pett, Kristina) |
| Filing 7 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Charles J. Adelson (Hassebrock, Benjamin) |
| Filing 6 NOTICE of Attorney Appearance by Kristina Beth Pett on behalf of Berkshire Life Insurance Company of America. Attorney Kristina Beth Pett added to party Berkshire Life Insurance Company of America(pty:dft). (Pett, Kristina) |
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Filing 5
ORDER Requiring Joint Scheduling Report, Certificates Of Interested Parties And Corporate Disclosure Statements. Joint Scheduling Report, Certificates Of Interested Parties And Corporate Disclosure Statements due by 3/1/2021. Signed by Judge Rodney Smith on 1/20/2021. See attached document for full details. (kpe)
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| Filing 4 WAIVER OF SERVICE Returned Executed by Charles J. Adelson. Berkshire Life Insurance Company of America waiver sent on 1/8/2021, answer due 3/9/2021. (Hassebrock, Benjamin) |
| Filing 3 Summons Issued as to Berkshire Life Insurance Company of America. (bb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 1 COMPLAINT against Berkshire Life Insurance Company of America. Filing fees $ 402.00 receipt number AFLSDC-14126018, filed by Charles J. Adelson. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Ex A, #4 Exhibit Ex B, #5 Exhibit Ex C)(Hassebrock, Benjamin) |
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