Hudson Specialty Insurance Company v. Deco Enterprises Inc. et al
| Hudson Specialty Insurance Company |
| Deco Enterprises Inc., Delant Construction Co., Midtown Doral Condominium 1 Association, Inc., Midtown Doral Condominium 2 Association, Inc., Midtown Doral Condominium 3 Association, Inc., Midtown Doral Condominium 4 Association, Inc., MD Residential I, LLC., MD Residential II, LLC., MD Residential III, LLC., MD Residential IV, LLC and Midtown Doral Master Association, Inc. |
| 1:2022cv21794 |
| June 10, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| None |
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Filing 27
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Midtown Doral Master Association, Inc.'s Unopposed Motion for Extension of Time to Respond to Amended Complaint. #26 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion #26 is GRANTED. Defendant Midtown Doral Master Association, Inc. shall respond to Plaintiff's Amended Complaint for Declaratory Relief #13 on or before August 12, 2022. Signed by Judge K. Michael Moore on 8/8/2022. (tgr)
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| Filing 26 MOTION for Bill of Particulars ?( Responses due by 8/19/2022), Agreed MOTION for Extension of Time to File Response/Reply/Answer by Midtown Doral Master Association, Inc.. Attorney Alberto Emilio Acuna added to party Midtown Doral Master Association, Inc.(pty:dft). (Acuna, Alberto) |
| Filing 25 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hudson Specialty Insurance Company. Midtown Doral Master Association, Inc. served on 7/15/2022, response/answer due 8/5/2022. (Kammer, Ronald) |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hudson Specialty Insurance Company. Midtown Doral Condominium 4 Association, Inc. served on 7/15/2022, response/answer due 8/5/2022. (Kammer, Ronald) |
| Filing 23 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hudson Specialty Insurance Company. Midtown Doral Condominium 3 Association, Inc. served on 7/15/2022, response/answer due 8/5/2022. (Kammer, Ronald) |
| Filing 22 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hudson Specialty Insurance Company. Midtown Doral Condominium 2 Association, Inc. served on 7/15/2022, response/answer due 8/5/2022. (Kammer, Ronald) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hudson Specialty Insurance Company. Midtown Doral Condominium 1 Association, Inc. served on 7/15/2022, response/answer due 8/5/2022. (Kammer, Ronald) |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hudson Specialty Insurance Company. MD Residential IV, LLC served on 7/15/2022, response/answer due 8/5/2022. (Kammer, Ronald) |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hudson Specialty Insurance Company. MD Residential III, LLC. served on 7/15/2022, response/answer due 8/5/2022. (Kammer, Ronald) |
| Filing 18 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hudson Specialty Insurance Company. MD Residential II, LLC. served on 7/15/2022, response/answer due 8/5/2022. (Kammer, Ronald) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hudson Specialty Insurance Company. MD Residential I, LLC. served on 7/15/2022, response/answer due 8/5/2022. (Kammer, Ronald) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hudson Specialty Insurance Company. Delant Construction Co. served on 7/15/2022, response/answer due 8/5/2022. (Kammer, Ronald) |
| Filing 15 Summons Issued as to Midtown Doral Master Association, Inc. (scn) |
| Filing 14 NOTICE of Filing Proposed Summons(es) by Hudson Specialty Insurance Company re #13 Amended Complaint/Amended Notice of Removal,, filed by Hudson Specialty Insurance Company (Kammer, Ronald) |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by Hudson Specialty Insurance Company. (Attachments: #1 Exhibit 1.A, #2 Exhibit 1.B, #3 Exhibit 1.C, #4 Exhibit 2.A, #5 Exhibit 2.B, #6 Exhibit 2.C, #7 Exhibit 3.A, #8 Exhibit 3.B Part 1, #9 Exhibit 3.B Part 2, #10 Exhibit 3.C, #11 Exhibit 4.A, #12 Exhibit 4.B Part 1, #13 Exhibit 4.B Part 2, #14 Exhibit 4.C, #15 Exhibit 5.A, #16 Exhibit 5.B Part 1, #17 Exhibit 5.B Part 2, #18 Exhibit 6, #19 Exhibit 7, #20 Exhibit 8, #21 Exhibit 9, #22 Exhibit 10, #23 Exhibit 11, #24 Exhibit 12, #25 Exhibit 13, #26 Exhibit 14)(Kammer, Ronald) |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Amended Unopposed Motion for Leave to Amend Declaratory Judgment Complaint by Interlineation. #10 . Therein, Plaintiff seeks to correct a scrivener's error in its Complaint by changing Defendant Midtown Master Association, Inc.'s name to Midtown Doral Master Association, Inc. Id. Federal Rule of Civil Procedure 15(a) provides that "a party may amend its pleading only with the opposing party's written consent or the court's leave" and "[t]he court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). The decision whether to grant leave to amend is committed to the sound discretion of the trial court. Best Canvas Prods. & Supplies, Inc. v. Ploof Truck Lines, Inc., 713 F.2d 618, 622 (11th Cir. 1983). However, "[u]nless there is a substantial reason to deny leave to amend, the discretion of the district court is not broad enough to permit denial." Dussouy v. Gulf Coast Inv. Corp., 660 F.2d 594, 598 (5th Cir. 1981). Here, Plaintiff's request is unopposed by Defendants who have appeared, and the Court additionally finds that leave to amend is appropriate. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Amended Unopposed Motion for Leave to Amend Declaratory Judgment Complaint by Interlineation #10 is GRANTED. Plaintiff shall file a corrected amended complaint separately on the docket on or before July 6, 2022. It is FURTHER ORDERED that Plaintiff's Unopposed Motion for Leave to Amend Declaratory Judgment Complaint by Interlineation #8 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 7/1/2022. (tgr)
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| Filing 11 Clerk's Notice to Filer re #10 Amended MOTION to Amend/Correct #8 Unopposed Motion to Amend/Correct #1 Complaint by Interlineation . Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) |
| Filing 10 Amended Unopposed MOTION to Amend/Correct #1 Complaint by Interlineation by Hudson Specialty Insurance Company. Responses due by 7/14/2022 (Kammer, Ronald) Modified document link on 7/1/2022 (ls). |
| Filing 9 Clerk's Notice to Filer re #8 Amended Complaint/Amended Notice of Removal. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 8 Unopposed Motion to Amend/Correct #1 Complaint by Interlineation filed by Hudson Specialty Insurance Company.(Kammer, Ronald) Modified to convert document to a motion on 6/30/2022 (ls). |
| Filing 7 NOTICE of Attorney Appearance by Michael Patrick Peterson on behalf of Delant Construction Co.. Attorney Michael Patrick Peterson added to party Delant Construction Co.(pty:dft). (Peterson, Michael) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 6/14/2022. (elm)
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Filing 5
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 6/14/2022. (elm)
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| Filing 4 NOTICE by Hudson Specialty Insurance Company re #1 Complaint,,,,, NOTICE OF FILING COMPLAINT EXHIBITS 1 THROUGH 6 (Kammer, Ronald) |
| Filing 3 Summons Issued as to Deco Enterprises Inc., Delant Construction Co., MD Residential I, LLC., MD Residential II, LLC., MD Residential III, LLC., MD Residential IV, LLC, Midtown Doral Condominium 1 Association, Inc., Midtown Doral Condominium 2 Association, Inc., Midtown Doral Condominium 3 Association, Inc., and Midtown Doral Condominium 4 Association, Inc. (mab) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (mab) |
| Filing 1 COMPLAINT FOR DECLARATORY RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15709085, filed by Hudson Specialty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Deco Enterprises Inc., #3 Summon(s) Delant Construction Co, #4 Summon(s) MD Residential I, LLC, #5 Summon(s) MD Residential II, LLC, #6 Summon(s) MD Residential III, LLC, #7 Summon(s) MD Residential IV, LLC, #8 Summon(s) Midtown Doral Condominium 1 Association, Inc., #9 Summon(s) Midtown Doral Condominium 2 Association, Inc., #10 Summon(s) Midtown Doral Condominium 3 Association, Inc., #11 Summon(s) Midtown Doral Condominium 4 Association, Inc., #12 Exhibit 1.A, #13 Exhibit 1.B, #14 Exhibit 1.C, #15 Exhibit 2.A, #16 Exhibit 2.B, #17 Exhibit 2.C, #18 Exhibit 3.A, #19 Exhibit 3.B - Part 1, #20 Exhibit 3.B - Part 2, #21 Exhibit 3.C, #22 Exhibit 4.A, #23 Exhibit 4.B - Part 1, #24 Exhibit 4.B - Part 2, #25 Exhibit 4.C, #26 Exhibit 5.A, #27 Exhibit 5.B - Part 1, #28 Exhibit 5.B - Part 2, #29 Exhibit 6, #30 Exhibit 7, #31 Exhibit 8, #32 Exhibit 9, #33 Exhibit 10, #34 Exhibit 11, #35 Exhibit 12, #36 Exhibit 13, #37 Exhibit 14)(Kammer, Ronald) |
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