Zichy v. Grove Isle Marina et al
| Grove Isle Marina |
| Augusto Zichy |
| All Potential Claimants, Progressive Select Insurance Company as subrogee of Theodore Caplow, Progressive Select Insurance Company as subrogee of Kevin Spiegel, Nomad Life H20 LLC, Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC, Hadron Specialty Insurance Company a/s/o Nomad Life H2O, LLC, Palomar Excess and Surplus Insurance Company a/s/o Nomad Life H2O LLC, Texas Insurance Company a/s/o Nomad Life H2O LLC and Lloyd's Syndicates per UMR B0507G02400002 |
| Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC |
| Augusto Zichy |
| 1:2025cv23305 |
| July 23, 2025 |
| U.S. District Court for the Southern District of Florida |
| Beth Bloom |
| Marty Fulgueira Elfenbein |
| Marine |
| 28 U.S.C. § 1331 Federal Question |
| Defendant |
Docket Report
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This docket was last retrieved on December 29, 2025. A more recent docket listing may be available from PACER.
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Filing 59
ORDER GRANTING PETITIONER'S MOTION FOR ENTRY OF EXONERATION BY DEFAULT AGAINST NON-APPEARING PARTIES AND NON-ASSERTED CLAIMS DE #55 . Signed by Judge Beth Bloom on 12/29/2025. See attached document for full details. (blc)
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| Filing 58 NOTICE of Attorney Appearance by Jacob Paul Irmen on behalf of Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC, Hadron Specialty Insurance Company a/s/o Nomad Life H2O, LLC, Lloyd's Syndicates per UMR B0507G02400002, Nomad Life H20 LLC, Palomar Excess and Surplus Insurance Company a/s/o Nomad Life H2O LLC, Texas Insurance Company a/s/o Nomad Life H2O LLC. Attorney Jacob Paul Irmen added to party Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC(pty:clm), Attorney Jacob Paul Irmen added to party Hadron Specialty Insurance Company a/s/o Nomad Life H2O, LLC(pty:clm), Attorney Jacob Paul Irmen added to party Lloyd's Syndicates per UMR B0507G02400002(pty:clm), Attorney Jacob Paul Irmen added to party Nomad Life H20 LLC(pty:clm), Attorney Jacob Paul Irmen added to party Palomar Excess and Surplus Insurance Company a/s/o Nomad Life H2O LLC(pty:clm), Attorney Jacob Paul Irmen added to party Texas Insurance Company a/s/o Nomad Life H2O LLC(pty:clm). (Irmen, Jacob) |
| Filing 57 NOTICE of Attorney Appearance by Brasilia Echevarria on behalf of Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC, Hadron Specialty Insurance Company a/s/o Nomad Life H2O, LLC, Lloyd's Syndicates per UMR B0507G02400002, Nomad Life H20 LLC, Palomar Excess and Surplus Insurance Company a/s/o Nomad Life H2O LLC, Texas Insurance Company a/s/o Nomad Life H2O LLC. Attorney Brasilia Echevarria added to party Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC(pty:clm), Attorney Brasilia Echevarria added to party Hadron Specialty Insurance Company a/s/o Nomad Life H2O, LLC(pty:clm), Attorney Brasilia Echevarria added to party Lloyd's Syndicates per UMR B0507G02400002(pty:clm), Attorney Brasilia Echevarria added to party Nomad Life H20 LLC(pty:clm), Attorney Brasilia Echevarria added to party Palomar Excess and Surplus Insurance Company a/s/o Nomad Life H2O LLC(pty:clm), Attorney Brasilia Echevarria added to party Texas Insurance Company a/s/o Nomad Life H2O LLC(pty:clm). (Echevarria, Brasilia) |
| Filing 56 MEMORANDUM of Law re #55 MOTION for Default Judgment by Augusto Zichy. (Dunleavy, Jonathan) |
| Filing 55 MOTION for Default Judgment by Augusto Zichy. (Attachments: #1 Text of Proposed Order Proposed Order)(Dunleavy, Jonathan) |
| Filing 54 Petitioner's ANSWER and Affirmative Defenses to Complaint PETITIONER'S ANSWER AND AFFIRMATIVE DEFENSES TO CLAIMANTS' CLAIM by Augusto Zichy. (Chacon, Raul) |
| Filing 53 Amended ANSWER and Affirmative Defenses to Complaint to Petition for Exoneration from or Limitation of Liability and Supplemental Rule F(5) Claim by Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC, Hadron Specialty Insurance Company a/s/o Nomad Life H2O, LLC, Palomar Excess and Surplus Insurance Company a/s/o Nomad Life H2O LLC, Texas Insurance Company a/s/o Nomad Life H2O LLC, Lloyd's Syndicates per UMR B0507G02400002. Attorney Jordan Michael Greenberg added to party Hadron Specialty Insurance Company a/s/o Nomad Life H2O, LLC(pty:clm), Attorney Jordan Michael Greenberg added to party Palomar Excess and Surplus Insurance Company a/s/o Nomad Life H2O LLC(pty:clm), Attorney Jordan Michael Greenberg added to party Texas Insurance Company a/s/o Nomad Life H2O LLC(pty:clm), Attorney Jordan Michael Greenberg added to party Lloyd's Syndicates per UMR B0507G02400002(pty:clm). (Greenberg, Jordan) |
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Filing 52
PAPERLESS ORDER granting ECF No. #51 , Unopposed Motion for Leave to Amend Existing Claims. Claimant Accelerant Specialty Insurance Co. shall separately file its amended answer and claims no later than December 10, 2025. Signed by Judge Beth Bloom (jkk)
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| Filing 51 Unopposed MOTION for Leave to Amend its Existing Claims re #1 Complaint, by Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC. (Attachments: #1 Exhibit Exhibit A)(Greenberg, Jordan) |
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Filing 50
ORDER ON DEFAULT JUDGMENT PROCEDURE. Petitioner shall submit a Motion for Entry of Default against any unknown claimants, no later than December 23, 2025. Signed by Judge Beth Bloom on 12/2/2025. See attached document for full details. (blc)
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Filing 49
ORDER SCHEDULING MEDIATION. Mediation Hearing set for 3/10/2026 09:00 AM before Mediator Michael P. Essington, Esq. Signed by Judge Beth Bloom on 11/26/2025. See attached document for full details. (blc)
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| Filing 48 Clerk's Entry of Default as to Claimants, who have not filed an answer to the Complaint. Signed by DEPUTY CLERK on 11/26/2025. (jas) |
| Filing 47 NOTICE of Mediator Selection and Hearing. Selected/Added Michael P. Essington as Mediator. Mediation Hearing set for 3/10/2026 at 9:00 am. (Chacon, Raul) |
| Filing 46 MOTION for Clerk's Entry of Default as to all claimants by Augusto Zichy. (Chacon, Raul) |
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Filing 45
PAPERLESS ORDER. THIS CAUSE is before the Court upon a sua sponte review of the record. On October 23, 2025, the Court ordered the parties to jointly file a proposed order scheduling mediation, setting forth their selected mediator pursuant to Local Rule 16.2, and a time, date, and place for mediation. ECF No. #34 ("Scheduling Order "). On November 13, 2025, the parties filed a notice of mediator selection, but failed to designate a date or time for the mediation. ECF No. #43 ("Notice"). Accordingly, it is ORDERED AND ADJUDGED that no later than November 28, 2025, the parties shall file a supplemental notice and proposed order scheduling mediation, as required by the Scheduling Order. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice. All other deadlines set forth in the Scheduling Order shall remain strictly in place. Signed by Judge Beth Bloom (jkk)
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| Filing 44 Clerk's Notice to Filer re #43 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (wce) |
| Filing 43 JOINT NOTICE OF MEDIATOR SELECTION by Augusto Zichy (Dunleavy, Jonathan) Modified on 11/14/2025 (wce). |
| Filing 42 SERVICE (Proof) by Publication by Augusto Zichy. Last Publication date 9/18/2025. Claims/Positions/Written Defenses/Answers/etc., due by 10/20/2025. (Chacon, Raul) |
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Filing 41
ORDER Setting Discovery Status Conference: (Status Conference Re: Discovery Matters set for 4/2/2026 10:30 AM via Zoom before Magistrate Judge Marty Fulgueira Elfenbein.), (Joint Discovery Status Report due by 3/26/2026.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 10/27/2025. See attached document for full details. (pc)
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Filing 40
ORDER Setting Discovery Procedures. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 10/27/2025. See attached document for full details. (ls)
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| Filing 39 Amended Certificate of Other Affiliates/Corporate Disclosure Statement by Nomad Life H20 LLC identifying Other Affiliate James H. Perry, Other Affiliate Laura Navia, Other Affiliate Richard J. McAlpin, Other Affiliate Matthew Street, Other Affiliate Daniel Marcotte, Other Affiliate Jordan M Greenberg, Other Affiliate Michael Perry for Nomad Life H20 LLC (Perry, Michael) |
| Filing 38 Clerk's Notice to Filer re #35 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet (Theodore Caplow, Kevin Spiegel). (ksr) |
| Filing 37 PETITIONER'S ANSWER and Affirmative Defenses to Complaint TO CLAIMANT'S CLAIM by Augusto Zichy. (Chacon, Raul) |
| Filing 36 PETITIONER'S ANSWER and Affirmative Defenses to Complaint TO CLAIMANT'S CLAIM by Augusto Zichy. (Chacon, Raul) |
| Filing 35 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Nomad Life H20 LLC (Perry, Michael) |
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Filing 34
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 12/22/2025., Discovery due by 5/12/2026., Expert Discovery due by 5/12/2026., Joinder of Parties due by 12/22/2025., In Limine Motions due by 8/24/2026., Dispositive Motions due by 6/3/2026., Pretrial Motions due by 6/3/2026., Joint Pretrial Stipulation due by 8/24/2026., Jury Trial set for 9/8/2026 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 9/1/2026 01:45 PM in Miami Division before Judge Beth Bloom.), REFERRING CASE to Mediation. (Mediation Deadline 5/26/2026.), REFERRING CASE to Magistrate Judge Marty Fulgueira Elfenbein for all Discovery Matters. Signed by Judge Beth Bloom on 10/23/2025. See attached document for full details. (jas)
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| Filing 33 Joint SCHEDULING REPORT - Rule 16.1 by Augusto Zichy (Attachments: #1 Text of Proposed Order)(Chacon, Raul) |
| Filing 32 NOTICE of Attorney Appearance by Laura Daniela Navia on behalf of Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC. Attorney Laura Daniela Navia added to party Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC(pty:clm). (Navia, Laura) |
| Set Deadline. Joint Scheduling Report due by 10/24/2025. Per De#29 (cds) |
| Filing 31 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC (Greenberg, Jordan) |
| Filing 30 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed (Claimant) by Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC (Greenberg, Jordan) |
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Filing 29
PAPERLESS ORDER. THIS CAUSE is before the Court upon a sua sponte review of the record. On September 24, 2025, this Court entered its Order Requiring Scheduling Report and Certificate of Interested Parties, ECF No. #8 , requiring that, pursuant to Local Rule 16.1, the parties prepare and file a joint scheduling report within twenty-one days of an appearance by a defendant. To date, the parties have not complied. The parties shall have until October 24, 2025, to file their joint scheduling report. Failure to comply will result in sanctions. Signed by Judge Beth Bloom (jkk)
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| Filing 28 Certificate of Other Affiliates/Corporate Disclosure Statement by Augusto Zichy (Chacon, Raul) |
| Filing 27 PETITIONER'S ANSWER and Affirmative Defenses to Complaint TO CLAIMANT'S CLAIM by Augusto Zichy. (Chacon, Raul) |
| Filing 26 PETITIONER'S ANSWER and Affirmative Defenses to Complaint TO CLAIMANT'S CLAIM by Augusto Zichy. (Chacon, Raul) |
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Filing 25
ORDER GRANTING MOTION FOR SUBSTITUTION OF COUNSEL DE #21 . Signed by Judge Beth Bloom on 10/15/2025. See attached document for full details. (blc)
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Filing 24
PAPERLESS ORDER granting ECF No. #23 , Motion for Extension of Time to file Certificate of Interested Parties. Petitioner shall file the Certificate of Interested Parties no later than October 22, 2025. Signed by Judge Beth Bloom (jkk)
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| Filing 23 MOTION for Extension of Time to File Certificate of Interested Parties by Augusto Zichy. Responses due by 10/29/2025. (McAlpin, Richard) |
| Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement by Grove Isle Marina identifying Corporate Parent Grove Isle Marina for Grove Isle Marina (Harken, Nicholas) |
| Filing 21 STIPULATED MOTION for Substitution of Counsel. Substituting Raul Chacon Jr, Jonathan Dunleavy, Emma Nunn for Richard McAlpin, Daniel Marcotte, and Matthew Street by Augusto Zichy. Attorney Raul Julio Chacon, Jr added to party Augusto Zichy(pty:pet). Responses due by 10/28/2025. (Attachments: #1 Text of Proposed Order)(Chacon, Raul) |
| Filing 20 ANSWER and Affirmative Defenses to Complaint by Nomad Life H20 LLC. Attorney Michael Patrick Perry added to party Nomad Life H20 LLC(pty:clm). (Perry, Michael) |
| Filing 19 Claimant's ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM (Rule F(5) Claim against Augusto Zichy by Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC. Attorney Jordan Michael Greenberg added to party Accelerant Specialty Insurance Company a/s/o Nomad Life H2O LLC(pty:clm). (Attachments: #1 Exhibit A)(Greenberg, Jordan) |
| Filing 18 Amended Certificate of Other Affiliates/Corporate Disclosure Statement by Progressive Select Insurance Company as subrogee of Kevin Spiegel identifying Corporate Parent Progressive Direct Holdings, Inc., Corporate Parent The Progressive Corporation for Progressive Select Insurance Company as subrogee of Kevin Spiegel (Proulx, Joseph) |
| Filing 17 Amended Certificate of Other Affiliates/Corporate Disclosure Statement by Progressive Select Insurance Company as subrogee of Theodore Caplow identifying Corporate Parent Progressive Direct Holdings, Inc., Corporate Parent The Progressive Corporation for Progressive Select Insurance Company as subrogee of Theodore Caplow (Proulx, Joseph) |
| Set/Reset Response/Answer Due Deadline per DE 16 : Nomad Life H20 LLC response/answer due 10/9/2025. (pcs) |
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Filing 16
PAPERLESS ORDER granting ECF No. #15 , Claimant Nomad Life H20 LLC's Motion for Extension of Time to Respond to Petitioner's Petition for Exoneration from or Limitation of Liability. Claimant Nomad Life H20 LLC shall file a response to the Petition for Exoneration no later than October 9, 2025. Signed by Judge Beth Bloom (jkk)
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| Filing 15 Unopposed MOTION for Extension of Time to Respond to Petitioner's Petition for Exoneration from or Limitation of Liability re #1 Complaint, by Nomad Life H20 LLC. Attorney Jordan Michael Greenberg added to party Nomad Life H20 LLC(pty:clm). Responses due by 10/9/2025. (Greenberg, Jordan) |
| Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement by Progressive Select Insurance Company as subrogee of Kevin Spiegel (Proulx, Joseph) |
| Filing 13 ANSWER and Affirmative Defenses to Complaint by Progressive Select Insurance Company as subrogee of Kevin Spiegel. (Proulx, Joseph) |
| Filing 12 CLAIM by Progressive Select Insurance Company as subrogee of Kevin Spiegel. (Proulx, Joseph) |
| Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement by Progressive Select Insurance Company as subrogee of Theodore Caplow (Proulx, Joseph) |
| Filing 10 ANSWER and Affirmative Defenses to Complaint by Progressive Select Insurance Company as subrogee of Theodore Caplow. (Proulx, Joseph) |
| Filing 9 CLAIM by Progressive Select Insurance Company as subrogee of Theodore Caplow. (Proulx, Joseph) |
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Filing 8
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 9/24/2025. See attached document for full details. (blc)
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| Filing 7 ANSWER and Affirmative Defenses to Complaint with Jury Demand by All Potential Claimants. Attorney Nicholas David Harken added to party All Potential Claimants(pty:clm). (Harken, Nicholas) |
| Filing 6 MONITION AND INJUNCTION. Signed by Judge Beth Bloom on 8/22/2025. See attached document for full details. (blc) |
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Filing 5
ORDER APPROVING PETITIONER'S AD INTERIM STIPULATION OF VALUE, AND DIRECTING ISSUANCE OF MONITION AND INJUNCTION DE #3 . Signed by Judge Beth Bloom on 8/22/2025. See attached document for full details. (blc)
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| Filing 4 NOTICE TO ALL POTENTIAL CLAIMANTS OF COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY. Signed by Judge Beth Bloom on 8/22/2025. See attached document for full details. (blc) |
| Filing 3 MOTION for Entry of Order Approving Ad Interim Stipulation of Value, Directing Issuance of Monition and Injuction, and Providing Notice to Claimants of Complaint for Exoneration by Augusto Zichy. (Attachments: #1 Exhibit 1 - Letter of Undertaking, #2 Exhibit 2 - Proposed Order Approving the Ad Interim Stipulation of Value and Stipulation for Costs and Directing Issuance of Monition and Injuction, #3 Exhibit 3 - Proposed Notice to Claimants of Complaint for Exoneration from or Limitation of Liability, #4 Exhibit 4 - Proposed Monition and Injuction)(McAlpin, Richard) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (blc) |
| Filing 1 COMPLAINT Petition for Exoneration from or Limitation of Liability against All Potential Claimants. Filing fees $ 405.00 receipt number AFLSDC-18643004, filed by Augusto Zichy. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Ad Interim Stipulation of Value and Stipulation for Costs, #3 Exhibit 2 - Declaration of Value)(McAlpin, Richard) |
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