Westchester Surplus Lines Insurance Company et al v. Portofino Master Homeowners Association, Inc. et al
| Maxum Indemnity Company, Colony Insurance Company, Homeland Insurance Company of New York, Arch Specialty Insurance Company, Evanston Insurance Company, Certain Underwriters at Lloyd's of London, Aspen Specialty Insurance Company, Axis Surplus Insurance Company, Independent Specialty Insurance Company, Westchester Surplus Lines Insurance Company, James River Insurance Company, Landmark American Insurance Company and Interstate Fire & Casualty Company |
| Portofino Tower Two Homeowners Association at Pensacola Beach, Inc., Portofino Master Homeowners Association, Inc., Portofino Tower Three Homeowners Association at Pensacola Beach, Inc., Portofino Master Homeowners Association at Pensacola Beach, Inc., Portofino Tower One Homeowners Association at Pensacola Beach, Inc., Portofino Tower Five Homeowners Association at Pensacola Beach, Inc. and Portofino Tower Four Homeowners Association at Pensacola Beach, Inc. |
| Subpoena on Arthur J. Gallagher Risk Management Services, LLD issued in the U.S. District Court for the Northern District of Florida, Case No. 3:23-cv-453-MCR-HTC |
| 9:2024mc81023 |
| August 23, 2024 |
| U.S. District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Insurance |
| Motion to enforce deposition subpoena |
| None |
Docket Report
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This docket was last retrieved on October 7, 2024. A more recent docket listing may be available from PACER.
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Filing 16
ORDER Closing Case. Signed by Judge Donald M. Middlebrooks on 10/7/2024. See attached document for full details. (drz)
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Filing 15
PAPERLESS ORDER: This Cause is before the Court upon the parties' Joint Notice [DE 14] stating that the discovery dispute is resolved. The Court appreciates the Parties' and the Non-Party's effective conferral and cooperation in resolving this discovery dispute. Therefore, the upcoming hearing regarding the discovery dispute scheduled for October 10, 2024, at 1:30 p.m. is hereby CANCELED. The Petition [DE 1] is DENIED as moot. Signed by Magistrate Judge William Matthewman on 10/7/2024. (nrs)
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| Filing 14 Joint NOTICE Regarding Resolution of Discovery Dispute by Arch Specialty Insurance Company, Aspen Specialty Insurance Company, Axis Surplus Insurance Company, Evanston Insurance Company, Maxum Indemnity Company, Westchester Surplus Lines Insurance Company (Dickenson, John) |
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Filing 13
PAPERLESS ORDER SETTING HEARING AND JOINT NOTICE DEADLINE: This matter is before the Court pursuant to Plaintiff's Motion for Order Compelling Production of Documents in Response to Subpoena Duces Tecum Issued to Non-Party Arthur J. Gallagher Risk Management Services, LLC ("Motion") [DE 1]. The Court shall conduct a hearing on the Motion [DE 1] via Zoom on October 10, 2024, at 1:30 p.m. in the West Palm Beach Division before Magistrate Judge William Matthewman. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. In advance of the scheduled hearing, the Court directs the parties' counsel to confer, either in person or by telephone, in good faith and for as long as necessary to address the pending discovery dispute in an effort to resolve it. Thereafter, counsel for the parties shall file, on or before October 7, 2024, a Joint Notice advising whether the discovery dispute has been resolved, and if not, what specific issue remains for determination by the Court and a brief recitation of the position of the parties. The Court shall consider sanctions or cost-shifting against any party or counsel who fails to comply with all discovery obligations, fails to comply with applicable rules and orders, or who takes a frivolous, dilatory, or unreasonable discovery position. If the parties resolve the dispute prior to the hearing, the Court shall be promptly notified. Signed by Magistrate Judge William Matthewman on 9/30/2024. (nrs)
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| Filing 12 MEMORANDUM in Support re #1 Petition/Motion (Complaint) RE: Subpoena from Another District,, REPLY MEMORANDUM IN SUPPORT OF MOTION FOR ORDER COMPELLING PRODUCTION OF DOCUMENTS IN RESPONSE TO SUBPOENA DUCES TECUM ISSUED TO NON-PARTY ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, LLC by Arch Specialty Insurance Company, Aspen Specialty Insurance Company, Axis Surplus Insurance Company, Evanston Insurance Company, Maxum Indemnity Company, Westchester Surplus Lines Insurance Company. (Attachments: #1 Exhibit Exhibit A - September 3-4 Emails, #2 Exhibit Exhibit B - September 4-6 Emails, #3 Exhibit Exhibit C - September 17 Email, #4 Exhibit Exhibit D - September 19th and 25th Emails, #5 Exhibit Exhibit E - September 26th Emails, #6 Exhibit Exhibit F - September 26th Emails, #7 Exhibit Exhibit G - September 26th Emails, #8 Exhibit Exhibit H - September 26th Emails, #9 Exhibit Exhibit I - Email to E. Fleming, #10 Exhibit Exhibit J - September 26th Production, #11 Exhibit Exhibit K - August 23rd Email)(Dickenson, John) |
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Filing 11
PAPERLESS ORDER DENYING ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, LLC'S MOTION FOR PROTECTIVE ORDER [DE 10]. Arthur J. Gallagher Risk Management Services, LLC's Motion for Protective Order ("Motion") [DE 10] was improperly filed as it is contained within a response. The Court does not permit motions to be filed in a response. If relief is sought, a proper motion must be separately filed. See Fed.R.Civ.P. 7(b)(1); S.D.Fla.L.R. 7.1(a). Further, the motion can only be filed after conferral, and it must include a proper certificate of conferral. See S.D.Fla.L.R. 7.1(a)(3). The Motion was also improperly docketed as a response. Thus, the Court DENIES the purported "Motion". Signed by Magistrate Judge William Matthewman on 9/19/2024. (nrs)
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| Filing 10 RESPONSE to #1 Petition/Motion (Complaint) RE: Subpoena from Another District,, by Subpoena on Arthur J. Gallagher Risk Management Services, LLD issued in the U.S. District Court for the Northern District of Florida, Case No. 3:23-cv-453-MCR-HTC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bellido, Nelson) |
| Filing 9 NOTICE of Attorney Appearance by Alexandra Jordan Schultz on behalf of Arch Specialty Insurance Company, Aspen Specialty Insurance Company, Axis Surplus Insurance Company, Evanston Insurance Company, Maxum Indemnity Company, Westchester Surplus Lines Insurance Company. Attorney Alexandra Jordan Schultz added to party Arch Specialty Insurance Company(pty:pla), Attorney Alexandra Jordan Schultz added to party Aspen Specialty Insurance Company(pty:pla), Attorney Alexandra Jordan Schultz added to party Axis Surplus Insurance Company(pty:pla), Attorney Alexandra Jordan Schultz added to party Evanston Insurance Company(pty:pla), Attorney Alexandra Jordan Schultz added to party Maxum Indemnity Company(pty:pla), Attorney Alexandra Jordan Schultz added to party Westchester Surplus Lines Insurance Company(pty:pla). (Schultz, Alexandra) |
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Filing 8
PAPERLESS ORDER SETTING BRIEFING SCHEDULE: This matter is before the Court pursuant to Petitioner's Motion for Order Compelling Production of Documents in Response to Subpoena Duces Tecum Issued to Non-Party Arthur J. Gallagher Risk Management Services, LLC. [DE 1]. Arthur J. Gallagher Risk Management Services, LLC is required to file a response on or before September 23, 2024. Any reply shall be filed on or before September 27, 2024. Signed by Magistrate Judge William Matthewman on 9/11/2024. (nrs)
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| Filing 7 NOTICE of Attorney Appearance by Nelson Camilo Bellido on behalf of Subpoena on Arthur J. Gallagher Risk Management Services, LLD issued in the U.S. District Court for the Northern District of Florida, Case No. 3:23-cv-453-MCR-HTC (Bellido, Nelson) |
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Filing 6
PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Julie B. Tebbets. Signed by Judge Donald M. Middlebrooks on 9/9/2024. (kid)
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| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Julie B. Tebbets. Filing Fee $ 200.00 Receipt # AFLSDC-17815545 by Subpoena on Arthur J. Gallagher Risk Management Services, LLD issued in the U.S. District Court for the Northern District of Florida, Case No. 3:23-cv-453-MCR-HTC. Attorney Nelson Camilo Bellido added to party Subpoena on Arthur J. Gallagher Risk Management Services, LLD issued in the U.S. District Court for the Northern District of Florida, Case No. 3:23-cv-453-MCR-HTC(pty:inre). Responses due by 9/20/2024. (Attachments: #1 Text of Proposed Order)(Bellido, Nelson) |
| Filing 4 Clerk's Notice of Docket Correction re #3 ORDER REFERRING CASE to Magistrate Judge William Matthewman for Discovery purposes. Docket Text Modified by Clerk. (sk) |
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Filing 3
ORDER REFERRING CASE to Magistrate Judge William Matthewman for Discovery purposes. Signed by Judge Donald M. Middlebrooks on 8/30/2024. See attached document for full details. (drz) Modified on 9/3/2024 (sk).
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| Filing 2 Judge Assignment to Judge Donald M. Middlebrooks (ar24) |
| Filing 1 Petition/Motion (Complaint) for Order Compelling Production of Documents in response to Subpoena Duces Tecum issued to non-party Arthur J. Gallagher Risk Management Services, LLC RE: Subpoena to Enforce from Another District. Filing fee $52.00 receipt number AFLSDC-17783004, filed by Arch Specialty Insurance Company, Westchester Surplus Lines Insurance Company, Maxum Indemnity Company, Axis Surplus Insurance Company, Evanston Insurance Company, Aspen Specialty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5)(Dickenson, John) Modified on 10/7/2024 (sk). |
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