THE BARTRAM LLC v. LANDMARK AMERICAN INSURANCE COMPANY Et Al Docket

CM/ECF - U.S. District Court:flnd https://ecf.flnd.uscourts.gov/cgi-bin/DktRpt.pl?3876973296102...
CLERK_2, MEDIATION
U.S. District Court

Northern District of Florida (Gainesville)
CIVIL DOCKET FOR CASE #: 1:10-cv-00028-SPM -GRJ
THE BARTRAM LLC v. LANDMARK AMERICAN Date Filed: 02/17/2010

INSURANCE COMPANY et al Jury Demand: Defendant
Assigned to: CHIEF JUDGE STEPHAN P MICKLE Nature of Suit: 110 Insurance
Referred to: MAGISTRATE JUDGE GARY R JONES Jurisdiction: Diversity
related Case: 1:09-cv-00254-SPM -GRJ
Cause: 28:1332 Diversity-Insurance Contract
Plaintiff
THE BARTRAM LLC represented by BRUCE ALAN NORRIS
A DELEWARE LIMITED LIABILITY KIRWIN NORRIS PA - ORLANDO FL
COMPANY 200 S ORANGE AVE STE 1950
ORLANDO, FL 32801
407-740-6600
Fax: 407-740-6363
Email: ban@kirwinnorris.com
ATTORNEY TO BE NOTICED
CLAIRE AMANDA ASHINGTON-

PICKETT
KIRWIN NORRIS PA - ORLANDO FL
200 S ORANGE AVE STE 1950
ORLANDO, FL 32801
407-740-6600
Fax: 407-740-6363
Email: cap@kirwinnorris.com
MICHAEL J HIGER
HIGER LICHTER & GIVNER LLP -
AVENTURA FL
18305 BISCAYNE BLVD
STE 402
AVENTURA, FL 33160
305-933-9970
Fax: 305-933-0998
Email: mhiger@hlglawyers.com
1 of 11 10/7/10 11:22 AM
DAVID MICHAEL ADELSTEIN

KIRWIN NORRIS PA - FORT
LAUDERDALE FL
110 E BROWARD BLVD STE 1570
FORT LAUDERDALE, FL 33301
954-759-0026
Fax: 954-759-0028
Email: dma@kirwinnorris.com
V.
Defendant
LANDMARK AMERICAN represented by LAUREN DIANE LEVY
INSURANCE COMPANY BUTLER PAPPAS WEIHMULLER
AN OKLAHOMA CORPORATION ETC - MIAMI FL
80 SW 8TH ST STE 3300
MIAMI, FL 33130
305-416-9998
Fax: 305-416-6848
Email: llevy@butlerpappas.com
Defendant
ROCKHILL INSURANCE represented by LAUREN DIANE LEVY
COMPANY (See above for address)
AN ARIZONA CORPORATION ATTORNEY TO BE NOTICED
Defendant
WESTCHESTER SURPLUS LINES represented by LAUREN DIANE LEVY
INSURANCE COMPANY (See above for address)
A GEORGIA CORPORATION ATTORNEY TO BE NOTICED
Counter Claimant
AN OKLAHOMA CORPORATION ATTORNEY TO BE NOTICED
Counter Defendant
Counter Claimant
2 of 11 10/7/10 11:22 AM

Counter Defendant
A DELAWARE LIMITED LIABILITY (See above for address)
COMPANY ATTORNEY TO BE NOTICED
MICHAEL J HIGER
(See above for address)

Counter Claimant
Counter Defendant

Counter Claimant
Counter Defendant

3 of 11 10/7/10 11:22 AM
Counter Claimant
Counter Defendant

Counter Claimant
Counter Defendant

Date Filed # Docket Text

02/17/2010 1 COMPLAINT against LANDMARK AMERICAN INSURANCE COMPANY,
ROCKHILL INSURANCE COMPANY, WESTCHESTER SURPLUS LINES
INSURANCE COMPANY ( Filing fee $ 350 receipt number 1129-1505630.),
filed by The Bartram, LLC. (Attachments: # 1 Exhibit A to Complaint, # 2
Exhibit B to Complaint, # 3 Exhibit C to Complaint, # 4 Exhibit D to
Complaint, # 5 Summons - Landmark, # 6 Summons - Rockhill, # 7 Summons -
Westchester) (ADELSTEIN, DAVID) (Entered: 02/17/2010)
02/17/2010 2 CIVIL COVER SHEET. (ADELSTEIN, DAVID) (Entered: 02/17/2010)
02/19/2010 3 NOTICE of Pendency of Other Similar Action Pursuant to Local Rule 5.1(G) by
THE BARTRAM LLC (ADELSTEIN, DAVID) (Entered: 02/19/2010)
02/22/2010 4 Summons Issued as to LANDMARK AMERICAN INSURANCE COMPANY,
ROCKHILL INSURANCE COMPANY, and WESTCHESTER SURPLUS
4 of 11 10/7/10 11:22 AM
LINES INSURANCE COMPANY. (Attachments: # 1 Summons for Rockhill

Insurance Company, # 2 Summons for Westchester Surplus Lines Insurance
Company) (tss) (Entered: 02/22/2010)
03/18/2010 5 ANSWER to Complaint, COUNTERCLAIM against LANDMARK
AMERICAN INSURANCE COMPANY by LANDMARK AMERICAN
INSURANCE COMPANY. (LEVY, LAUREN) (Entered: 03/18/2010)
03/18/2010 6 ANSWER to 1 Complaint,, COUNTERCLAIM against THE BARTRAM LLC
by ROCKHILL INSURANCE COMPANY. (LEVY, LAUREN) (Entered:
03/18/2010)
03/18/2010 7 ANSWER to 1 Complaint,, COUNTERCLAIM against THE BARTRAM LLC
by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (LEVY,
LAUREN) (Entered: 03/18/2010)
03/23/2010 8 INITIAL SCHEDULING ORDER signed by CHIEF JUDGE STEPHAN P
MICKLE on 3/23/10 - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement
Deadline set for 4/6/2010; Rule 26 Meeting Report due by 5/6/2010; Discovery
due by 7/21/2010. (tss) (Entered: 03/23/2010)
03/31/2010 9 Corporate Disclosure Statement/Certificate of Interested Persons by THE
BARTRAM LLC. (ADELSTEIN, DAVID) (Entered: 03/31/2010)
03/31/2010 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE
STEPHAN P MICKLE notified that action is needed Re: 9 Corporate Disclosure
Statement/Certificate of Interested Persons (tss) (Entered: 03/31/2010)
04/06/2010 10 Corporate Disclosure Statement/Certificate of Interested Persons by
WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (LEVY,
ROCKHILL INSURANCE COMPANY. (LEVY, LAUREN) (Entered:
04/06/2010)
LANDMARK AMERICAN INSURANCE COMPANY. (LEVY, LAUREN)
(Entered: 04/06/2010)
STEPHAN P MICKLE notified that action is needed Re: 10 Corporate
Disclosure Statement/Certificate of Interested Persons, 11 Corporate Disclosure
Statement/Certificate of Interested Persons, 12 Corporate Disclosure
Statement/Certificate of Interested Persons (tss) (Entered: 04/08/2010)
04/13/2010 13 Plaintiff's ANSWER to 6 Answer to Complaint, Counterclaim by Rockhill
Insurance Company's by THE BARTRAM LLC. (ADELSTEIN, DAVID)
(Entered: 04/13/2010)
5 of 11 10/7/10 11:22 AM
04/13/2010 14 Plaintiff's ANSWER to 7 Answer to Complaint, Counterclaim by Westchester

Surplus Lines Insurance Company by THE BARTRAM LLC. (ADELSTEIN,
DAVID) (Entered: 04/13/2010)
04/13/2010 15 Plaintiff's ANSWER to 5 Answer to Complaint, Counterclaim by Landmark
American Insurance Company by THE BARTRAM LLC. (ADELSTEIN,
04/23/2010 16 NOTICE of Appearance by MICHAEL J HIGER on behalf of THE BARTRAM
LLC (HIGER, MICHAEL) (Entered: 04/23/2010)
04/23/2010 17 MOTION for Protective Order from Duplicative Discovery and Incoporated
Memorandum of Law by THE BARTRAM LLC. (HIGER, MICHAEL)
(Entered: 04/23/2010)
STEPHAN P MICKLE notified that action is needed Re: 17 MOTION for
Protective Order from Duplicative Discovery and Incoporated Memorandum of
Law (tss) (Entered: 04/23/2010)
04/23/2010 Set/Reset Deadlines as to 17 MOTION for Protective Order from Duplicative
Discovery and Incoporated Memorandum of Law (Internal deadline for referral
to judge if response not filed earlier: 5/11/2010). (tss) (Entered: 04/26/2010)
04/28/2010 18 REPORT of Rule 26(f) Planning Meeting. (ADELSTEIN, DAVID) (Entered:
04/28/2010)
04/28/2010 19 Joint MOTION Requesting a Different Scheduling Order Pursuant to the Initial
Scheduling Order by LANDMARK AMERICAN INSURANCE COMPANY,
ROCKHILL INSURANCE COMPANY, THE BARTRAM LLC,
WESTCHESTER SURPLUS LINES INSURANCE COMPANY.
(ADELSTEIN, DAVID) (Entered: 04/28/2010)
04/30/2010 20 NOTICE of Filing Exhibits to Plaintiff's Motion for Protective Order from
Duplicative Discovery and Incorporated Memorandum of Law by THE
BARTRAM LLC re 17 MOTION for Protective Order from Duplicative
Discovery and Incoporated Memorandum of Law (Attachments: # 1 Exhibit 1, #
2 Exhibit 2) (HIGER, MICHAEL) (Entered: 04/30/2010)
05/04/2010 21 Amended MOTION for Protective Order From Duplicate Discovery and
Incorporated Memorandum of Law by THE BARTRAM LLC. (Attachments: #
1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (HIGER,
MICHAEL) (Entered: 05/04/2010)
05/05/2010 Set Deadline as to 21 Amended MOTION for Protective Order From Duplicate
Discovery and Incorporated Memorandum of Law. (Internal deadline for
referral to judge if Defendant's response not filed earlier: 5/19/2010). (kdm)
(Entered: 05/05/2010)
6 of 11 10/7/10 11:22 AM
05/07/2010 22 MEMORANDUM in Opposition re 21 Amended MOTION for Protective Order

From Duplicate Discovery and Incorporated Memorandum of Law filed by
LANDMARK AMERICAN INSURANCE COMPANY. (Attachments: # 1
Affidavit) (LEVY, LAUREN) (Entered: 05/07/2010)
STEPHAN P MICKLE notified that action is needed Re: 22 Memorandum in
Opposition to Motion 21 Amended MOTION for Protective Order From
Duplicate Discovery and Incorporated Memorandum of Law. (kdm) (Entered:
05/10/2010)
05/11/2010 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of
MAGISTRATE JUDGE ALLAN KORNBLUM notified that action is needed
Re: 22 Memorandum in Opposition to Motion 21 Amended MOTION for
Protective Order From Duplicate Discovery and Incorporated Memorandum of
Law. Referred to ALLAN KORNBLUM. (kdm) (Entered: 05/11/2010)
LANDMARK AMERICAN INSURANCE COMPANY, ROCKHILL
INSURANCE COMPANY, WESTCHESTER SURPLUS LINES INSURANCE
COMPANY. (LEVY, LAUREN) (Entered: 06/04/2010)
06/07/2010 24 DOCKET ANNOTATION BY COURT: Re 23 Corporate Disclosure
Statement/Certificate of Interested Persons filed by LANDMARK AMERICAN
COMPANY, ROCKHILL INSURANCE COMPANY -- *** Advised by
Attorney this document was filed in error -- All parties should ignore this
document. *** (kdm) (Entered: 06/07/2010)
06/15/2010 25 SCHEDULING ORDER FOR DISCOVERY, MEDIATION AND TRIAL
entered pursuant to 18 Report of Rule 26(f) Planning Meeting - Discovery due
by 1/5/2011; Dispositive Motions to be filed by 1/23/2011; Mediation Report
due by 2/16/2011; Jury Trial set for 5/2/2011 at 08:30 AM in U.S. Courthouse
Gainesville before CHIEF JUDGE STEPHAN P MICKLE - Case referred to
mediation; signed by CHIEF JUDGE STEPHAN P MICKLE on 6/15/10. (tss)
(Entered: 06/16/2010)
06/21/2010 26 Request for Oral Argument by THE BARTRAM LLC. (HIGER, MICHAEL)
(Entered: 06/21/2010)
06/21/2010 27 MOTION to Amend/Correct Complaint by THE BARTRAM LLC.
(Attachments: # 1 Exhibit Exhibit A to Motion for Leave to Amend Complaint,
# 2 Exhibit Exhibit A to Amended Complaint, # 3 Exhibit Exhibit B to
Amended Complaint, # 4 Exhibit Exhibit C to Amended Complaint, # 5 Exhibit
Exhibit D to Amended Complaint, # 6 Exhibit Exhibit B to Motion for Leave to
Amend Complaint) (ADELSTEIN, DAVID) (Entered: 06/21/2010)
7 of 11 10/7/10 11:22 AM
06/22/2010 Set Deadline as to 27 MOTION to Amend/Correct Complaint. (Internal deadline

for referral to judge if Defendant's response not filed earlier: 7/6/2010). (kdm)
(Entered: 06/22/2010)
STEPHAN P MICKLE notified that action is needed Re: 26 Request for Oral
Argument by THE BARTRAM LLC. (kdm) (Entered: 06/22/2010)
06/23/2010 28 ORDER finding as moot 21 Motion for Protective Order signed by CHIEF
JUDGE STEPHAN P MICKLE on 6/23/10. (tss) (Entered: 06/24/2010)
06/25/2010 29 MEMORANDUM in Opposition re 27 MOTION to Amend/Correct Complaint
filed by LANDMARK AMERICAN INSURANCE COMPANY, ROCKHILL
07/15/2010 30 ATTORNEY TIME RECORDS by THE BARTRAM LLC. (ADELSTEIN,
07/15/2010 31 ATTORNEY TIME RECORDS - SEALED PORTION by THE BARTRAM
LLC. (ADELSTEIN, DAVID) (Entered: 07/15/2010)
STEPHAN P MICKLE notified that action is needed Re: 27 MOTION to
Amend/Correct Complaint and 29 Memorandum in Opposition to Motion (tss)
(Entered: 07/16/2010)
07/16/2010 32 ATTORNEY TIME RECORDS by THE BARTRAM LLC. (HIGER,
07/16/2010 33 ATTORNEY TIME RECORDS - SEALED PORTION by THE BARTRAM
LLC. (HIGER, MICHAEL) (Entered: 07/16/2010)
07/19/2010 34 ORDER granting 27 Motion to Amend/Correct Complaint signed by CHIEF
JUDGE STEPHAN P MICKLE on 7/19/10. (tss) (Entered: 07/20/2010)
07/19/2010 35 FIRST AMENDED COMPLAINT against LANDMARK AMERICAN
INSURANCE COMPANY, ROCKHILL INSURANCE COMPANY,
WESTCHESTER SURPLUS LINES INSURANCE COMPANY filed by THE
BARTRAM LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D) (tss) (Entered: 07/20/2010)
08/02/2010 36 Landmark American Insurance Company's ANSWER to 35 Amended
Complaint,, COUNTERCLAIM against THE BARTRAM LLC by
LANDMARK AMERICAN INSURANCE COMPANY. (LEVY, LAUREN)
(Entered: 08/02/2010)
08/02/2010 37 Westchester Surplus Lines Insurance Company's ANSWER to 35 Amended
Complaint,, COUNTERCLAIM against THE BARTRAM LLC by
WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (LEVY,
8 of 11 10/7/10 11:22 AM

08/02/2010 38 ROCKHILL INSURANCE COMPANY'S ANSWER to 35 Amended Complaint,,
COUNTERCLAIM against THE BARTRAM LLC by ROCKHILL
INSURANCE COMPANY. (LEVY, LAUREN) (Entered: 08/02/2010)
08/06/2010 39 Plaintiff's Amended ANSWER to 38 Answer to Amended Complaint,
Counterclaim by THE BARTRAM LLC. (ADELSTEIN, DAVID) (Entered:
08/06/2010)
08/06/2010)
08/06/2010)
08/09/2010 42 MOTION to Consolidate Cases for Purposes of Discovery and Memorandum of
Law by THE BARTRAM LLC. (Attachments: # 1 Exhibit A) (ADELSTEIN,
08/09/2010 Set/Reset Deadlines as to 42 MOTION to Consolidate Cases for Purposes of
Discovery and Memorandum of Law (Internal deadline for referral to judge if
response not filed earlier: 8/27/2010). (tss) (Entered: 08/12/2010)
08/19/2010 43 MOTION to Strike 22 Memorandum in Opposition to Motion, 36 Answer to
Amended Complaint, Counterclaim Plaintiff's Motion to Strike Landmark
American Insurance Company's Affirmative Defenses to the Amended Complaint
and Incorporated Memorandum of Law by THE BARTRAM LLC(A
DELAWARE LIMITED LIABILITY COMPANY). (Internal deadline for
referral to judge if response not filed earlier: 9/7/2010). (Attachments: # 1
Exhibit 1) (HIGER, MICHAEL) (Entered: 08/19/2010)
Amended Complaint, Counterclaim Plaintiff's Motion to Strike Westchester
Surplus Lines Insurance Company's Affirmative Defenses to the Amended
Complaint and Incorporated Memorandum of Law by THE BARTRAM LLC(A
DELAWARE LIMITED LIABILITY COMPANY). (Internal deadline for
referral to judge if response not filed earlier: 9/7/2010). (Attachments: # 1
Exhibit 1) (HIGER, MICHAEL) (Entered: 08/19/2010)
Amended Complaint, Counterclaim Plaintiff's Motion to Strike Rockhill
Insurance Company's Affirmative Defenses to the Amended Complaint and
Incorporated Memorandum of Law by THE BARTRAM LLC(A DELAWARE
LIMITED LIABILITY COMPANY). (Internal deadline for referral to judge if
response not filed earlier: 9/7/2010). (Attachments: # 1 Exhibit 1) (HIGER,
9 of 11 10/7/10 11:22 AM
08/20/2010 50 ORDER denying 42 Motion to Consolidate Cases signed by CHIEF JUDGE

STEPHAN P MICKLE on 8/20/10 (also posted in 1:09cv254) (tss) (Entered:
09/15/2010)
09/02/2010 46 MEMORANDUM in Opposition re 43 MOTION to Strike 22 Memorandum in
Opposition to Motion, 36 Answer to Amended Complaint, Counterclaim
Plaintiff's Motion to Strike Landmark American Insurance Company's
Affirmative Defenses to the Amended Complaint and Incorporated Mem
MOTION to Strike 22 Memorandum in Opposition to Motion, 36 Answer to
Amended Complaint, Counterclaim Plaintiff's Motion to Strike Landmark
American Insurance Company's Affirmative Defenses to the Amended Complaint
and Incorporated Mem filed by LANDMARK AMERICAN INSURANCE
Plaintiff's Motion to Strike Rockhill Insurance Company's Affirmative Defenses
to the Amended Complaint and Incorporated Memorandum o MOTION to Strike
22 Memorandum in Opposition to Motion, 38 Answer to Amended Complaint,
Counterclaim Plaintiff's Motion to Strike Rockhill Insurance Company's
Affirmative Defenses to the Amended Complaint and Incorporated
Memorandum o filed by ROCKHILL INSURANCE COMPANY. (LEVY,
Plaintiff's Motion to Strike Westchester Surplus Lines Insurance Company's
Affirmative Defenses to the Amended Complaint and Incorpor MOTION to
Strike 22 Memorandum in Opposition to Motion, 37 Answer to Amended
Complaint, Counterclaim Plaintiff's Motion to Strike Westchester Surplus Lines
Insurance Company's Affirmative Defenses to the Amended Complaint and
Incorpor filed by WESTCHESTER SURPLUS LINES INSURANCE COMPANY.
(LEVY, LAUREN) (Entered: 09/02/2010)
09/10/2010 MAGISTRATE JUDGE GARY R JONES added. MAGISTRATE JUDGE
ALLAN KORNBLUM no longer assigned to case. The judge initials for this
case are now SPM/GJR. (dlt) (Entered: 09/15/2010)
09/10/2010 49 ADMINISTRATIVE ORDER - Rescinding Order #121 in 4:95mc40111 and
reassigning Magistrate Judge Gary R. Jones to all pending cases assigned to
Magistrate Judge Allan Kornblum. Signed by CHIEF JUDGE STEPHAN P
MICKLE on 9/10/2010. (dlt) (Entered: 09/15/2010)
STEPHAN P MICKLE notified that action is needed Re: 42 MOTION to
Consolidate Cases for Purposes of Discovery and Memorandum of Law, 43
MOTION to Strike and 46 Memorandum in Opposition to Motion, 44 Motion to
10 of 11 10/7/10 11:22 AM
Strike and 48 Memorandum in Opposition to Motion, 45 MOTION to Strike and

47 Memorandum in Opposition to Motion (tss) (Entered: 09/14/2010)
09/16/2010 51 MOTION for Extension of Time to Complete Discovery by LANDMARK
AMERICAN INSURANCE COMPANY, ROCKHILL INSURANCE
COMPANY, WESTCHESTER SURPLUS LINES INSURANCE COMPANY.
(Attachments: # 1 Text of Proposed Order) (LEVY, LAUREN) (Entered:
09/16/2010)
09/17/2010 52 ORDER GRANTING 51 MOTION for Extension of Time to Complete
Discovery filed by LANDMARK AMERICAN INSURANCE COMPANY,
WESTCHESTER SURPLUS LINES INSURANCE COMPANY, ROCKHILL
INSURANCE COMPANY. Signed by MAGISTRATE JUDGE GARY R
JONES on 9/17/2010. The deadline for service of Defendants Expert Witness
Disclosure is extended through September 20, 2010. (kdm) (Entered:
09/20/2010)
10/07/2010 53 NOTICE of Appearance by CLAIRE AMANDA ASHINGTON-PICKETT on
behalf of THE BARTRAM LLC (ASHINGTON-PICKETT, CLAIRE) (Entered:
10/07/2010)
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THE BARTRAM LLC v. LANDMARK AMERICAN INSURANCE COMPANY Et Al Docket

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CM/ECF - U.S. District Court:flnd https://ecf.flnd.uscourts.gov/cgi-bin/DktRpt.pl?3876973296102...

U.S. District Court

THE BARTRAM LLC v. LANDMARK AMERICAN Date Filed: 02/17/2010

CLAIRE AMANDA ASHINGTON-

DAVID MICHAEL ADELSTEIN

ROCKHILL INSURANCE represented by LAUREN DIANE LEVY

DAVID MICHAEL ADELSTEIN

DAVID MICHAEL ADELSTEIN

DAVID MICHAEL ADELSTEIN

DAVID MICHAEL ADELSTEIN

DAVID MICHAEL ADELSTEIN

Date Filed # Docket Text

LINES INSURANCE COMPANY. (Attachments: # 1 Summons for Rockhill

04/13/2010 14 Plaintiff's ANSWER to 7 Answer to Complaint, Counterclaim by Westchester

05/07/2010 22 MEMORANDUM in Opposition re 21 Amended MOTION for Protective Order

06/22/2010 Set Deadline as to 27 MOTION to Amend/Correct Complaint. (Internal deadline

LAUREN) (Entered: 08/02/2010)

08/20/2010 50 ORDER denying 42 Motion to Consolidate Cases signed by CHIEF JUDGE

Strike and 48 Memorandum in Opposition to Motion, 45 MOTION to Strike and

PACER Service Center

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