Setai Hotel Acquisition, LLC v. Westchester Surplus Lines Insurance Company et al
Plaintiff: Setai Hotel Acquisition, LLC
Defendant: Westchester Surplus Lines Insurance Company, Landmark American Insurance Company, Liberty Surplus Lines Insurance Company, Axis Surplus Insurance Company, Everest Indemnity Insurance Company, Scottsdale Insurance Company and United National Insurance Company
Case Number: 1:2023cv20318
Filed: January 26, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Jonathan Goodman
Referring Judge: Robert N Scola
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2023 Filing 31 Initial Disclosure(s) by Everest Indemnity Insurance Company (Horwitz, Robert)
March 22, 2023 Filing 30 Certificate of Other Affiliates/Corporate Disclosure Statement by Liberty Surplus Lines Insurance Company identifying Corporate Parent Liberty Surplus Insurance Company, Other Affiliate Liberty Mutual Group, Inc., Other Affiliate LMHC Massachusetts Holdings, Inc., Other Affiliate Liberty Mutual Holding Company Inc., Other Affiliate Liberty Mutual Insurance Company, Other Affiliate Liberty Surplus Insurance Corporation for Liberty Surplus Lines Insurance Company (Renella, Christine)
March 17, 2023 Filing 29 NOTICE of Attorney Appearance by Edward Barrett Hails on behalf of Axis Surplus Insurance Company. Attorney Edward Barrett Hails added to party Axis Surplus Insurance Company(pty:dft). (Hails, Edward)
March 14, 2023 Filing 28 Certificate of Other Affiliates/Corporate Disclosure Statement by Landmark American Insurance Company identifying Other Affiliate Alleghany Insurance Holdings LLC, Other Affiliate Alleghany Corporation, Other Affiliate RSUI Indemnity Company, Other Affiliate RSUI Group, Inc., Other Affiliate Berkshire Hathaway, Inc. for Landmark American Insurance Company (Salinas, Elizabeth)
March 13, 2023 Filing 27 Plaintiff's REPLY to #17 Answer to Complaint by Setai Hotel Acquisition, LLC. (Reiss, Allan)
March 2, 2023 Filing 26 NOTICE of Striking #25 SCHEDULING REPORT - Rule 26(f)/16.1 filed by Westchester Surplus Lines Insurance Company by Westchester Surplus Lines Insurance Company (Lewis, William)
March 1, 2023 Filing 25 (STRICKEN PER E#26)Joint SCHEDULING REPORT - Rule 16.1 by Westchester Surplus Lines Insurance Company (Lewis, William)Text Modified on 3/2/2023 (cqs).
February 28, 2023 Opinion or Order Filing 24 Scheduling Order and Order of Referral to Mediation: ( Jury Trial set for 2/12/2024 before Judge Robert N. Scola Jr.., Calendar Call set for 2/6/2024 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. Signed by Judge Robert N. Scola, Jr on 2/28/2023. See attached document for full details. (cds) #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.
February 27, 2023 Filing 23 Joint SCHEDULING REPORT - Rule 16.1 by Setai Hotel Acquisition, LLC (Attachments: #1 Exhibit A)(Reiss, Allan)
February 23, 2023 Opinion or Order Filing 22 Order of Dismissal, Scottsdale Insurance Company and United National Insurance Company, Denying as Moot #8 Joint MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, and Incorporated Memorandum of Law filed by United National Insurance Company, Scottsdale Insurance Company. Signed by Judge Robert N. Scola, Jr on 2/23/2023. See attached document for full details. (cds)
February 22, 2023 Filing 21 NOTICE of Voluntary Dismissal WITHOUT PREJUDICE ONLY AS TO DEFENDANTS SCOTTSDALE INSURANCE COMPANY AND UNITED NATIONAL INSURANCE COMPANY by Setai Hotel Acquisition, LLC (Reiss, Allan)
February 22, 2023 Filing 20 Plaintiff's REPLY to Defendant, LANDMARK AMERICAN INSURANCE COMPANYs Answer and Affirmative Defenses dated December 9, 2022 by Setai Hotel Acquisition, LLC. (Reiss, Allan)
February 22, 2023 Filing 19 Plaintiff's REPLY to #7 ANSWER to Complaint (Notice of Removal) by Setai Hotel Acquisition, LLC. (Reiss, Allan)
February 22, 2023 Filing 18 Plaintiff's REPLY to #6 Answer to Complaint by Setai Hotel Acquisition, LLC. (Reiss, Allan)
February 20, 2023 Filing 17 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Everest Indemnity Insurance Company. (Horwitz, Robert)
February 17, 2023 Opinion or Order Filing 16 PAPERLESS ORDER: granting the Plaintiff's unopposed motion for extension of time to respond to the Defendants' answer and affirmative defenses. #15 . The Plaintiff shall file its response no later than February 26, 2023. The Court cautions the parties, however, that the a heavy workload is an ever-present limitation for attorneys and is therefore not good cause for an extension of time. The Court will not grant future motions for extensions of time that do not provide good cause for the requested extension. Signed by Judge Robert N. Scola, Jr. (cst)
February 16, 2023 Filing 15 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer to Defendant, LANDMARK AMERICAN INSURANCE COMPANYs Answer and Affirmative Defenses dated December 9, 2022 by Setai Hotel Acquisition, LLC. (Attachments: #1 Text of Proposed Order)(Reiss, Allan)
February 16, 2023 Opinion or Order Filing 14 PAPERLESS ORDER: granting the Plaintiff's unopposed motion for extension of time to respond to the Defendants' motion to dismiss. #13 . The Plaintiff shall file its response no later than February 23, 2023. The Court cautions the parties, however, that the a heavy workload is an ever-present limitation for attorneys and is therefore not good cause for an extension of time. The Court will not grant future motions for extensions of time that do not provide good cause for the requested extension. Signed by Judge Robert N. Scola, Jr. (cst)
February 16, 2023 Reset Deadlines/Hearings as to #8 Joint MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, and Incorporated Memorandum of Law. Responses due by 2/23/2023. PER DE#14 (cds)
February 15, 2023 Filing 13 Plaintiff's MOTION for Extension of Time to Respond to Defendants Scottsdale Insurance Companys and United National Insurance Companys Motion to Dismiss and incorporated Memorandum of Law re #8 Joint MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, and Incorporated Memorandum of Law by Setai Hotel Acquisition, LLC. Responses due by 3/1/2023 (Attachments: #1 Text of Proposed Order)(Reiss, Allan)
February 10, 2023 Filing 12 CLERK'S NOTICE - Attorney Admissions has updated the address information for attorney Christine M. Renella. (cw)
February 9, 2023 Filing 11 NOTICE of Change of Address, Email or Law Firm Name by Christine M. Renella (Renella, Christine)
February 3, 2023 Filing 10 NOTICE of Attorney Appearance by Elizabeth Salinas on behalf of Landmark American Insurance Company (Salinas, Elizabeth)
February 3, 2023 Opinion or Order Filing 9 MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 2/3/2023. See attached document for full details. (fbn)
February 2, 2023 Filing 8 Joint MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, and Incorporated Memorandum of Law by Scottsdale Insurance Company, United National Insurance Company. Responses due by 2/16/2023 (Attachments: #1 Exhibit A - United National Policy, #2 Exhibit B- Scottsdale Policy)(Williams, A)
February 2, 2023 Filing 7 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Liberty Surplus Lines Insurance Company. (Renella, Christine)
February 2, 2023 Filing 6 Defendant Axis Surplus Insurance Comapny's ANSWER and Affirmative Defenses to Complaint by Axis Surplus Insurance Company. (Williams, A)
February 2, 2023 Filing 5 NOTICE of Change of Address, Email or Law Firm Name by Jason Michael Chodos (Chodos, Jason)
January 27, 2023 Opinion or Order Filing 4 ORDER Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 1/27/2023. See attached document for full details. (kpe)
January 27, 2023 Filing 3 Bar Letter re: Admissions sent to attorney Katelyn N. Lokuta, mailing date January 27, 2023, (pt)
January 26, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (nwn)
January 26, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - SETAI HOTEL ACQUISITION, LLC. vs. WESTCHESTER SURPLUS LINES INSURANCE COMPANY et al., 2022-014511 CA 01) Filing fee $ 402.00 receipt number AFLSDC-16272043, filed by Westchester Surplus Lines Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint/Answers & Documents, #3 Exhibit 2 - Schedule of Participating/Underlying Insurers, #4 Exhibit 3 - Plaintiff's Answers to Westchesters Interrogatories, #5 Docket Sheet)(Lewis, William) Answers Filed/No Motion To Dismiss Filed. Modified Text/Attachment Description on 1/27/2023 (nwn).

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Plaintiff: Setai Hotel Acquisition, LLC
Represented By: Allan Stuart Reiss
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Defendant: Westchester Surplus Lines Insurance Company
Represented By: William Roderick Lewis
Represented By: Katelyn N. Lokuta
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Defendant: Landmark American Insurance Company
Represented By: Elizabeth Salinas
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Defendant: Liberty Surplus Lines Insurance Company
Represented By: Christine M. Renella
Represented By: Jacarri Montez Walker
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Defendant: Axis Surplus Insurance Company
Represented By: A Grady Williams, IV
Represented By: Rhett Conlon Parker
Represented By: Edward Barrett Hails
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Defendant: Everest Indemnity Insurance Company
Represented By: Alexis Dominique Lezama
Represented By: Robert Steven Horwitz
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Defendant: Scottsdale Insurance Company
Represented By: A Grady Williams, IV
Represented By: Rhett Conlon Parker
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Defendant: United National Insurance Company
Represented By: Hayley Harrison Ryan
Represented By: Jason Michael Chodos
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