Florida Middle District Court
Judge:John L Badalamenti
Referred: Kyle C Dudek
Case #: 2:24-cv-00723
Nature of Suit110 Contract - Insurance
Cause28:1441 Notice of Removal-Breach of Contract
Case Filed:Aug 09, 2024
Terminated:Nov 26, 2024
Case in other court:Circuit Court For The Twentieth Judicial Circuit, 24000002CA
Last checked: Thursday Feb 06, 2025 5:55 AM EST
Defendant
Westchester Surplus Lines Insurance Company
Represented By
Zachary David Sonenblum
Clausen Miller P.C.
contact info
Thomas James Moody
Emmauel Sheppard & Condon
contact info
Plaintiff
Integrity Plaza LLC
Represented By
Kimberly Innocent
The Innocent Law Firm PLLC
contact info


Docket last updated: 24 minutes ago
Thursday, December 19, 2024
39 39 order Order Dismissing Case Thu 12/19 10:15 AM
TEXT ORDER. The parties have filed a Joint Stipulation for Dismissal with Prejudice (Doc. 38 ). The Stipulation is self-executing. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC , 677 F.3d 1272, 1278 (11th Cir. 2012). Accordingly, the Clerk of Court is DIRECTED to terminate any pending deadlines and motions and close the file. Signed by Judge John L. Badalamenti on 12/19/2024. (SV)
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Wednesday, December 18, 2024
38 38 misc Stipulation of Dismissal Wed 12/18 3:09 PM
STIPULATION of Dismissal With Prejudice (Joint Stipulation) by Westchester Surplus Lines Insurance Company. (Sonenblum, Zachary)
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Tuesday, November 26, 2024
37 37 notice Notice to Counsel of Local Rule Tue 11/26 1:29 PM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (MCB)
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36 36 order Order Tue 11/26 10:36 AM
TEXT ORDER. The parties have filed a Joint Notice of Settlement. (Doc. 35 ). Accordingly, this action is DISMISSED without prejudice subject to the right of any party within sixty days to file another paper per Local Rule 3.09(b) or to move to reopen the case, which motion the Court would liberally grant. If no such papers have been filed within this sixty-day period, the dismissal of this case shall be with prejudice. The Clerk of Court is now DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the case, subject to reopening if the parties file an appropriate motion within the sixty-day deadline set forth above. Signed by Judge John L. Badalamenti on 11/26/2024. (ACG)
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Friday, November 22, 2024
35 35 notice Notice of settlement Fri 11/22 3:38 PM
NOTICE of settlement by Westchester Surplus Lines Insurance Company (Sonenblum, Zachary)
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Thursday, October 24, 2024
34 34 9 pgs order Order on Motion to Remand Thu 10/24 11:46 AM
ORDER denying 17 Motion to Remand. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 10/24/2024. (CGW)
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Monday, October 21, 2024
33 33 notice Compliance notice Mon 10/21 7:13 PM
NOTICE of compliance by Integrity Plaza LLC (Innocent, Kimberly)
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32 32 notice Notice of mediation conference/hearing Mon 10/21 5:49 PM
NOTICE of mediation conference/hearing to be held on 12/04/2024 @ 10:00 AM before Daniel Feld. (Feld, Daniel)
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Friday, October 18, 2024
31 31 order Order on Motion for Leave to File Document Fri 10/18 4:01 PM
ENDORSED ORDER denying 25 Motion for Leave to File Reply because additional briefing is unnecessary to address the issues raised. The Court will order further briefing if it finds the same needed. Signed by Magistrate Judge Kyle C. Dudek on 10/18/2024. (Dudek, Kyle)
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30 30 order Order Fri 10/18 1:10 PM
TEXT ORDER striking 18 Defendant's Response in Opposition to Plaintiff's Motion to Remand, in light of the filing of 22 Defendant's Amended Response in Opposition to Plaintiff's Motion to Remand. The Clerk of Court is DIRECTED to strike Doc. 18 . Signed by Judge John L. Badalamenti on 10/18/2024. (ACG)
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29 29 order Order Fri 10/18 1:09 PM
TEXT ORDER striking 20 Defendant's Objection to Plaintiff's Motion for Leave to Reply and 24 Defendant's Objection to Plaintiff's Motion for Leave to Reply, in light of the filing of 27 Defendant's Objection to Plaintiff's Fourth Motion for Leave to Reply. The Clerk of Court is DIRECTED to strike Docs. 20 and 24 . Signed by Judge John L. Badalamenti on 10/18/2024. (ACG)
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28 28 order Order on Motion for Leave to File Document Fri 10/18 1:05 PM
TEXT ORDER denying without prejudice 19 Plaintiffs' Motion for Leave to File Reply to Defendant's Response in Opposition to Plaintiff's Motion to Remand, 21 Plaintiff's Amended Motion for Leave to File Reply to Defendant's Response in Opposition to Plaintiff's Motion to Remand, and 23 Plaintiff's Motion for Leave to File Reply to Defendant's Amended Response in Opposition to Plaintiff's Motion to Remand, in light of the filing of 25 Plaintiffs' Amended Motion for Leave to File Reply to Defendant's Amended Response in Opposition to Plaintiff's Motion to Remand. Signed by Judge John L. Badalamenti on 10/18/2024. (ACG)
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Friday, September 13, 2024
27 27 respm Response in Opposition to Motion Fri 09/13 5:18 PM
RESPONSE in Opposition re25 Amended MOTION for Leave to File Plaintiff's Amended Motion for Leave to File Reply to Defendant's Amended Response in Opposition to Plaintiff's Motion to Remand filed by Westchester Surplus Lines Insurance Company. (Sonenblum, Zachary)
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26 26 adr Notice of selection of mediator Fri 09/13 3:49 PM
NOTICE OF SELECTION of Daniel Feld as mediator by Integrity Plaza LLC. (Innocent, Kimberly)
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25 25 motion Leave to File Document Fri 09/13 3:46 PM
Amended MOTION for Leave to File Plaintiff's Amended Motion for Leave to File Reply to Defendant's Amended Response in Opposition to Plaintiff's Motion to Remand by Integrity Plaza LLC. (Innocent, Kimberly)
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24 24 respm Response in Opposition to Motion Fri 09/13 3:16 PM
RESPONSE in Opposition re23 MOTION for Leave to File Plaintiff's Motion for Leave to File Reply to Defendant's Amended Response in Opposition to Plaintiff's Motion to Remand filed by Westchester Surplus Lines Insurance Company. (Sonenblum, Zachary)
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23 23 motion Leave to File Document Fri 09/13 2:41 PM
MOTION for Leave to File Plaintiff's Motion for Leave to File Reply to Defendant's Amended Response in Opposition to Plaintiff's Motion to Remand by Integrity Plaza LLC. (Innocent, Kimberly)
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Wednesday, September 11, 2024
22 22 respm Response in Opposition to Motion Wed 09/11 1:21 PM
RESPONSE in Opposition re17 MOTION to Remand to (Amended Response) filed by Westchester Surplus Lines Insurance Company.(Sonenblum, Zachary)
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Att: 1 Exhibit Ex 01 - Estimate $131,269.31,
Att: 2 Exhibit Ex 02 - 2022.11.07 - Hurricane Expenses $24,896.18,
Att: 3 Exhibit Ex 03 - Email 05.29.2024 and corresponding letter 05.03.2023.pdf
Tuesday, September 10, 2024
21 21 motion Leave to File Document Tue 09/10 3:55 PM
Amended MOTION for Leave to File Plaintiff's Amended Motion for Leave to File Reply to Defendant's Response in Opposition to Plaintiff's Motion to Remand by Integrity Plaza LLC. (Innocent, Kimberly)
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Monday, September 09, 2024
20 20 respm Response in Opposition to Motion Mon 09/09 9:55 AM
RESPONSE in Opposition re19 MOTION for Leave to File Plaintiff's Motion for Leave to File Reply to Defendant's Response in Opposition to Plaintiff's Motion to Remand filed by Westchester Surplus Lines Insurance Company. (Sonenblum, Zachary)
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Friday, September 06, 2024
19 19 motion Leave to File Document Fri 09/06 8:05 PM
MOTION for Leave to File Plaintiff's Motion for Leave to File Reply to Defendant's Response in Opposition to Plaintiff's Motion to Remand by Integrity Plaza LLC. (Innocent, Kimberly)
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Wednesday, September 04, 2024
18 18 respm Response in Opposition to Motion Wed 09/04 3:35 PM
RESPONSE in Opposition re17 MOTION to Remand to filed by Westchester Surplus Lines Insurance Company.(Sonenblum, Zachary)
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Att: 1 Exhibit Ex 01 - Estimate $131,269.31,
Att: 2 Exhibit Ex 02 - 2022.11.07 - Hurricane Expenses $24,896.18,
Att: 3 Exhibit Ex 03 - Email 05.29.2024 and corresponding letter 05.03.2023,
Att: 4 Exhibit Ex 04 - Burns from Lexis,
Att: 5 Exhibit Ex 05 - Westlaw Burns v Windsor Ins Co
Friday, August 23, 2024
17 17 motion Remand Fri 08/23 5:23 PM
MOTION to Remand to by Integrity Plaza LLC. (Innocent, Kimberly)
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Monday, August 19, 2024
16 16 notice Certificate of counsel Mon 08/19 3:17 PM
CERTIFICATE of counsel re6 Case Management Scheduling Order Joint Certificate of Familiarity by Zachary David Sonenblum on behalf of Westchester Surplus Lines Insurance Company (Sonenblum, Zachary)
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15 15 notice Notice of a Related Action Mon 08/19 3:11 PM
NOTICE of a related action per Local Rule 1.07(c) by Westchester Surplus Lines Insurance Company. Related case(s): No (Sonenblum, Zachary)
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14 14 notice Notice of Exception Mon 08/19 12:32 PM
NOTICE of Exception by Westchester Surplus Lines Insurance Company. (Sonenblum, Zachary)
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Thursday, August 15, 2024
13 13 notice Notice of Lead Counsel Designation Thu 08/15 6:37 PM
NOTICE of Lead Counsel Designation by Kimberly Innocent on behalf of Integrity Plaza LLC. Lead Counsel: Kimberly Innocent. (Innocent, Kimberly)
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12 12 notice Notice (Other) Thu 08/15 1:37 PM
NOTICE by Westchester Surplus Lines Insurance Company re3 Answer to Complaint,9 Answer to Complaint (Sonenblum, Zachary)
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11 11 misc Certificate of Interested Persons and Corporate Disclosure Statement Thu 08/15 10:48 AM
CERTIFICATE of interested persons and corporate disclosure statement re5 Civil Action Order by Westchester Surplus Lines Insurance Company identifying Corporate Parent Chubb Group Holdings Inc., Corporate Parent Chubb US Holdings Inc., Corporate Parent Chubb Limited (NYSE: CB) for Westchester Surplus Lines Insurance Company. (Sonenblum, Zachary)
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Tuesday, August 13, 2024
10 10 notice Notice to Counsel of Local Rule Tue 08/13 3:39 PM
NOTICE TO COUNSEL Thomas James Moody of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (MGB)
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7 7 order Protective Order Tue 08/13 9:29 AM
HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to the 6 Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 8/13/2024. (CGW)
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Att: 1 Exhibit A.
6 6 order Case Management Scheduling Order Tue 08/13 9:27 AM
CASE MANAGEMENT AND SCHEDULING ORDER (HURRICANE IAN): See Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 8/13/2024. (CGW)
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5 5 order Civil Action Order Tue 08/13 9:26 AM
CIVIL Action Order. Signed by All Divisional Judges on 8/13/2024. (CGW)
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Monday, August 12, 2024
4 4 utility Case Assigned/Reassigned Mon 08/12 2:31 PM
NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:24-cv-723-JLB-KCD. (TNP)
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Friday, August 09, 2024
9 9 answer Answer to Complaint Tue 08/13 3:35 PM
ANSWER and affirmative defenses to 8 Complaint with Jury Demand by Westchester Surplus Lines Insurance Company. (Filed in State court on 01/25/24)(MGB)
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8 8 cmp Complaint Tue 08/13 3:32 PM
COMPLAINT against Westchester Surplus Lines Insurance Company with Jury Demand filed by Integrity Plaza LLC. (Filed in State court on 12/29/23)(MGB)
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3 3 answer Answer to Complaint Fri 08/09 5:37 PM
Amended ANSWER and affirmative defenses to Complaint with Jury Demand by Westchester Surplus Lines Insurance Company.(Sonenblum, Zachary)
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2 2 notice Notice of Lead Counsel Designation Fri 08/09 5:35 PM
NOTICE of Lead Counsel Designation by Zachary David Sonenblum on behalf of Westchester Surplus Lines Insurance Company. Lead Counsel: Zachary D. Sonenblum. (Sonenblum, Zachary)
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1 1 notice Notice of Removal Fri 08/09 5:27 PM
COMPLAINT and NOTICE OF REMOVAL from Circuit Court For The Twentieth Judicial Circuit in and for Brevard County, case number 24000002CA filed in State Court on 12.29.2023. Filing fee $405, receipt number AFLMDC-22393018 filed by Westchester Surplus Lines Insurance Company.(Sonenblum, Zachary)
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Att: 1 State Court COMPLAINT Ex 01 - 2024.01.04 - Complaint and Exhibits,
Att: 2 State Court ANSWER 2024.01.25 - Answer and Affirmative Defenses,
Att: 3 State Court Docket Sheet State Court Docket,
Att: 4 State Court Other Documents Ex 14 - Remaining Papers,
Att: 5 Civil Cover Sheet Federal Cover Sheet,
Att: 6 Exhibit Ex 02 - 2024.01.04 - Notice of Service of Process,
Att: 7 Exhibit Ex 03 - 2024.04.30 - Motion to Compel Discovery Responses (Without Exhibits),
Att: 8 Exhibit Ex 04 - 2024.06.04 - Westchester Second Motion to Compel (Without Exhibits),
Att: 9 Exhibit Ex 05 - 2024.07.11 - SIGNED Order on Westchester's Second Motion to Compel and for Sanctions (ours),
Att: 10 Exhibit Ex 06 - 2024.08.05 - Plaintiff's Verified Amended Answers to Interrogatories,
Att: 11 Exhibit Ex 07 - Integrity Plaza Owner - Charlotte County Property Appraiser - Real Property Record Card,
Att: 12 Exhibit Ex 08 - Integrity Plaza LLC - Sunibz Detail by Entity Name,
Att: 13 Exhibit Ex 09 - Voter Registration - Robert_Hensley,
Att: 14 Exhibit Ex 10 - Voter Registration - Toby Starr,
Att: 15 Exhibit Ex 11 - Voter Registration - Christopher_Naylon,
Att: 16 Exhibit Ex 12 - Composite Notice of Intent and Estimate,
Att: 17 Exhibit Ex 13 - 2022.11.07 - Hurricane Expenses $24,896.18