EL-AD RESIDENCES AT MIRAMAR CONDOMINIUM ASSOCIATION, INC. V. MT. HAWLEY INSURANCE COMPANY Et Al Docket

CM/ECF - Live Database - flsd https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?9234688827963...
CMM, REF_DISCOV, REF_PTRL, SM
U.S. District Court

Southern District of Florida (Ft. Lauderdale)
CIVIL DOCKET FOR CASE #: 0:09-cv-60723-AJ
EL-AD Residences at Miramar Conominium Association, Date Filed: 05/15/2009

Inc. v. Mt. Hawley Insurance Company et al Jury Demand: Defendant
Assigned to: Judge Adalberto Jordan Nature of Suit: 110 Insurance
Referred to: Magistrate Judge Chris M. McAliley Jurisdiction: Diversity
Cause: 28:1332 Diversity
Special Master
Lawrence Watson
Special Master
Lazaro Fernandez, Jr. represented by Lazaro Fernandez , Jr.
Stack Fernandez Anderson & Harris
1200 Brickell Avenue
Suite 950
Miami, FL 33131-4331
305-371-0001
Fax: 371-0002
Email: lfernandez@stackfernandez.com
ATTORNEY TO BE NOTICED
Plaintiff
EL-AD Residences at Miramar represented by Daniel S. Rosenbaum
Conominium Association, Inc. Rosenbaum Mollengarden Janssen &
a Florida not-for-profit corporation Siracusa, PLLC
Suite 500
250 Australian Avenue
One Clearlake Center
West Palm Beach, FL 33401
561-653-2900
Fax: 561-820-2542
Email: drosenbaum@rmjslaw.com
TERMINATED: 04/16/2010
LEAD ATTORNEY
JenniLynn E. Lawrence
Schwed McGinley Kahle, LLC
1 of 36 11/30/10 11:15 AM
11376 North Jog Road

Suite 101
Palm Beach Gardens, FL 33418
561-273-4757
Fax: 561-694-0057
Email:
jlawrence@schwedmcginley.com
LEAD ATTORNEY
John Marcus Siracusa

Rosenbaum Mollengarden Janssen &
Siracusa PLLC
Suite 500
250 Australian Avenue. South
One Clearlake Center
561-653-2900
Fax: 561-820-2542
Email: jsiracusa@RMJSLaw.com
LEAD ATTORNEY
Keith Jeffrey Lambdin

Katzman Garfinkel Rosenbaum
300 N Maitland Avenue
Maitland, FL 32571
407-539-3900
Fax: 407-539-0211
Email: klambdin@kgrlawfirm.com
LEAD ATTORNEY
Mark Gerard Keegan

Siracusa, PLLC
250 Australian Avenue South
Suite 500
561-653-2900
Fax: 561-820-2542
Email: mkeegan@RMJSlaw.com
2 of 36 11/30/10 11:15 AM
LEAD ATTORNEY
Richard Chambers Valuntas

Siracusa, PLLC
250 Australian Ave. S., Suite 500
561-653-2900
Fax: 561-820-2542
Email: rvaluntas@rmjslaw.com
LEAD ATTORNEY
Alexandra Sierra-De Varona

Katzman Wasserman & Bennardini
7900 Glades Road
Suite 140
Boca Raton, FL 33434
561-477-7774
Fax: 477-7447
Email: asd@kwblaw.com
Craig Alan Rubinstein

7900 Glades Road
Suite 140
561-477-7774
Fax: 477-7447
Email: car@kwblaw.com
John David Mallah

John D. Mallah
PO Box 170908
300 N. Maitland Avenue
Maitland, FL 32751
407-539-3900
Fax: 407-539-0211
Email: jmallah@kgrlawfirm.com
3 of 36 11/30/10 11:15 AM
Steven Mark Katzman

7900 Glades Road
Suite 140
561-477-7774
Fax: 477-7447
Email: smk@kwblaw.com
Yelizaveta Batres Herman

Siracusa, PLLC
250 Australian Avenue South
5th Floor
561-653-2900
Fax: 561-820-2542
Email: yherman@RMJSlaw.com
V.
Defendant
Mt. Hawley Insurance Company represented by Thomas E. Tookey
a foreign corporation 103
11776 West Sample Road
Coral Springs, FL 33065
954-344-4441
Fax: 954-344-4405
Email: Tom@tetookeylaw.com
LEAD ATTORNEY
Brian E. Sims
Morison Holden Derewetzky & Prough
LLP
1550 Parkside Drive
Third Floor
Walnut Creek, CA 94596-8068
925-937-9990
Fax: 925-937-3272
Email: brian.sims@mhdplaw.com
4 of 36 11/30/10 11:15 AM
PRO HAC VICE

Cortland C. Putbrese
Morison Holden Derewetzky & Prough,
LLP
600 East Main Street, Suite 2030
Richmond, VA 23219
804-212-1515
Email:
cortland.putbrese@mhdplaw.com
Daniel Howard Coultoff

LATHAM, SHUKER, BARKER,
EDEN & BEAUDINE, LLP
390 N Orange Avenue
Suite 600
Orlando, FL 32801
407-481-5800
Fax: 481-5801
Email: coultoff@lsbeblaw.com
Michael D. Prough
LLP
1550 Parkside Drive
Third Floor
925-937-9990
Fax: 925-937-3272
Email: michael.prough@mhdplaw.com
PRO HAC VICE
Scott Michael Janowitz

Berk Merchant & Sims PLC
2100 Ponce De Leon Boulevard
Penthouse 1
Coral Gables, FL 33134
786-338-2876
Fax: 786-364-1820
Email: sjanowitz@berklawfirm.com
5 of 36 11/30/10 11:15 AM
William C. Morison
LLP
1550 Parkside Drive
Third Floor
925-937-9990
Fax: 925-937-3272
Email: wcm@mhdplaw.com
PRO HAC VICE
Defendant
Westchester Surplus Lines Insurance represented by Scott Michael Janowitz
Company Berk Merchant & Sims PLC
a foreign corporation 2100 Ponce De Leon Boulevard
TERMINATED: 09/24/2010 Penthouse 1
786-338-2900
Fax: 786-338-2888
Email: sjanowitz@berklawfirm.com
LEAD ATTORNEY
William S. Berk
Berk Merchant & Sims PLC
2100 Ponce De Leon Boulevard
Penthouse 1
786-338-2900
Fax: 786-364-1814
Email: wberk@berklawfirm.com
LEAD ATTORNEY
Melissa M. Sims
Berk, Merchant & Sims, PLC
2100 Ponce de Leon Blvd.
PH I
786-338-2878
Fax: 786-364-1817
Email: msims@berklawfirm.com
6 of 36 11/30/10 11:15 AM
Defendant
Latite Roofing and Sheet Metal represented by Bradley Ryan Weiss
Company Benson Mucci & Associates LLP
5561 N University Drive
Suite 102
Coral Springs, FL 33067-0001
954-524-6800
Fax: 463-6963
Email: brad@bmmlaw.net
Intervenor
Alan B. Garfinkel represented by Alexandra Sierra-De Varona
(See above for address)
Craig Alan Rubinstein

Frederick S. Wermuth
King, Blackwell, Downs & Zehnder, PA
P.O. Box 1631
Orland, FL 32802-1630
407-422-2472
Fax: 407-648-0161
Email: fwermuth@kbdzlaw.com
Mayanne Downs
King Blackwell Downs Zehnder, PA
25 E. Pine Street
Orlando, FL 32802-1631
407-422-2472
Fax: 407-648-0161
Email: mdowns@kbdzlaw.com
Intervenor
Leigh C Katzman represented by Alexandra Sierra-De Varona
7 of 36 11/30/10 11:15 AM
Frederick S. Wermuth
Mayanne Downs
Date Filed # Docket Text

05/15/2009 1 COMPLAINT against Mt. Hawley Insurance Company, Westchester Surplus
Lines Insurance Company; Filing fee $ 350.00. Receipt#: 725847, filed by
EL-AD Residences at Miramar Conominium Association, Inc.. (Attachments:
# 1 Exhibit)(vt) (Entered: 05/15/2009)
05/15/2009 2 Summons Issued as to Mt. Hawley Insurance Company, Westchester Surplus
Lines Insurance Company. (vt) (Entered: 05/15/2009)
05/15/2009 3 NOTICE by EL-AD Residences at Miramar Conominium Association, Inc. of
Filing Declaration Page and Policy (Siracusa, John) Modified on 5/19/2009
(ls). [Text modified by Clerk] (Entered: 05/15/2009)
07/06/2009 4 NOTICE of Attorney Appearance by Thomas E. Tookey on behalf of Mt.
Hawley Insurance Company (Tookey, Thomas) (Entered: 07/06/2009)
07/06/2009 5 Defendant's MOTION for Extension of Time to File Response as to 1
Complaint from Plaintiff to Defendant, Mt. Hawley by Mt. Hawley Insurance
Company. (Attachments: # 1 Text of Proposed Order Order Granting Extension
of Time to Respond to Complaint)(Tookey, Thomas) (Entered: 07/06/2009)
07/07/2009 6 NOTICE of Attorney Appearance by Scott Michael Janowitz on behalf of
Westchester Surplus Lines Insurance Company (Janowitz, Scott) (Entered:
07/07/2009)
07/07/2009 7 NOTICE of Change of Address by Scott Michael Janowitz (Janowitz, Scott)
(Entered: 07/07/2009)
07/07/2009 8 NOTICE of Attorney Appearance by Melissa M. Sims on behalf of
Westchester Surplus Lines Insurance Company (Sims, Melissa) (Entered:
07/07/2009)
07/07/2009 9 NOTICE of Attorney Appearance by William S. Berk on behalf of Westchester
Surplus Lines Insurance Company (Berk, William) (Entered: 07/07/2009)
07/07/2009 10 Defendant's MOTION for Extension of Time to File Answer as to 1 Complaint
by Westchester Surplus Lines Insurance Company. (Attachments: # 1 Text of
Proposed Order Proposed Agreed Order)(Janowitz, Scott) (Entered:
07/07/2009)
8 of 36 11/30/10 11:15 AM
07/13/2009 11 ORDER granting 5 Motion for Extension of Time to Answer Mt. Hawley
Insurance Company response due 7/27/2009.. Signed by Judge Adalberto
Jordan on 7/13/2009. (ail) (Entered: 07/13/2009)
07/13/2009 12 ORDER granting 10 Motion for Extension of Time to Answer Westchester
Surplus Lines Insurance Company response due 7/22/2009.. Signed by Judge
Adalberto Jordan on 7/13/2009. (ail) (Entered: 07/13/2009)
07/22/2009 13 Defendant's MOTION to Dismiss 1 Complaint Count I, V, VI & VII by
Westchester Surplus Lines Insurance Company. Responses due by 8/10/2009
(Attachments: # 1 Exhibit A)(Berk, William) (Entered: 07/22/2009)
07/27/2009 14 MOTION to Dismiss 1 Complaint by Mt. Hawley Insurance Company.
Responses due by 8/13/2009 (Tookey, Thomas) (Entered: 07/27/2009)
07/29/2009 15 MOTION for Limited Appearance, Consent to Designation and Request to
Electronically Receive Notices of Electronic Filings for William C. Morison,
Filing Fee $75.00, Receipt #1005649. (Attachments: # 1 Text of Proposed
Order)(cw) (Entered: 07/31/2009)
Electronically Receive Notices of Electronic Filings for Brian E. Sims, Filing
Fee $75.00, Receipt #1005651. (Attachments: # 1 Declaration of Thomas E.
Tookey as to Consent of the Parties)(cw) (Entered: 07/31/2009)
Electronically Receive Notices of Electronic Filings for Michael D. Prough,
Filing Fee $75.00, Receipt #1005650. (Attachments: # 1 Declaration of
Thomas E. Tookey as to Consent of the Parties)(cw) (Entered: 07/31/2009)
07/29/2009 18 Clerks Notice of Correction re 15 MOTION for Limited Appearance, Consent
to Designation and Request to Electronically Receive Notices of Electronic
Filings for William C. Morison. Attachment #1 docketed incorrectly as "text of
proposed order." Attachment #1 should read Declaration of Thomas E. Tookey
as to Consent of the Parties. (cw) (Entered: 07/31/2009)
08/05/2009 19 ORDER denying 17 Motion for Limited Appearance, Consent to Designation
and Request to Electronically Receive Notices of Electronic Filings of
Attorney Michael D. Prough. Signed by Judge Adalberto Jordan on 8/5/2009.
(ail) (Entered: 08/05/2009)
Attorney Brian E. Sims. Signed by Judge Adalberto Jordan on 8/5/2009. (ail)
(Entered: 08/05/2009)
Attorney William C. Morison. Signed by Judge Adalberto Jordan on 8/5/2009.
9 of 36 11/30/10 11:15 AM
(ail) (Entered: 08/05/2009)

08/05/2009 22 RESPONSE to Motion re 13 Defendant's MOTION to Dismiss 1 Complaint
Count I, V, VI & VII and Incorporated Memorandum of Law filed by EL-AD
Residences at Miramar Conominium Association, Inc.. Replies due by
8/17/2009. (Keegan, Mark) (Entered: 08/05/2009)
08/11/2009 23 RESPONSE to Motion re 14 MOTION to Dismiss 1 Complaint filed by
EL-AD Residences at Miramar Conominium Association, Inc.. Replies due by
8/21/2009. (Batres, Yelizaveta) (Entered: 08/11/2009)
08/12/2009 24 REPLY to Response to Motion re 13 Defendant's MOTION to Dismiss 1
Complaint Count I, V, VI & VII filed by Westchester Surplus Lines Insurance
Company. (Attachments: # 1 Exhibit Composite "A" - letters confirming
EUO)(Janowitz, Scott) (Entered: 08/12/2009)
08/21/2009 25 RESPONSE/REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS by
Mt. Hawley Insurance Company. (Coultoff, Daniel) (Entered: 08/21/2009)
08/21/2009 26 NOTICE of Attorney Appearance by Daniel Howard Coultoff on behalf of Mt.
Hawley Insurance Company (Coultoff, Daniel) (Entered: 08/21/2009)
09/08/2009 27 MOTION for Renewal / Reconsideration of Motion for Limited Appearance,
Consent to Designation and Request to Electronically Receive Notices of
Electronic Filings for Michael D. Prough. Filing Fee $75. Receipt # 1005650.
(cw) (Entered: 09/08/2009)
09/08/2009 28 Motion for Renewal / Reconsideration of MOTION for Limited Appearance,
Electronic Filings for William C. Morison. Filing Fee $75. Receipt # 1005649.
(cw) (Entered: 09/08/2009)
09/08/2009 29 Motion for Renewal / Reconsideration of MOTION for Limited Appearance,
Electronic Filings for Brian E. Sims. Filing Fee $75. Receipt # 1005651. (cw)
(Entered: 09/08/2009)
09/10/2009 30 ORDER granting 27 Motion for Limited Appearance, Consent to Designation
and Request to Electronically Receive Notices of Electronic Filings. Signed by
Judge Adalberto Jordan on 9/10/2009. (ail) (Entered: 09/11/2009)
10 of 36 11/30/10 11:15 AM
09/23/2009 33 ORDER granting in part and denying in part 13 Motion to Dismiss; granting in
part and denying in part 14 Motion to Dismiss, with respect to El-Ad's claims
for declaratory judgment as to damages and compensation and claims for
breach of implies warrany of good faith and fair dealings, motions to dismiss
are DENIED in all other respects. Signed by Judge Adalberto Jordan on
9/23/2009. (ail) (Entered: 09/24/2009)
10/13/2009 34 ANSWER and Affirmative Defenses to Complaint by Mt. Hawley Insurance
Company.(Tookey, Thomas) (Entered: 10/13/2009)
10/13/2009 35 ANSWER and Affirmative Defenses to Complaint with Jury Demand by
Westchester Surplus Lines Insurance Company.(Sims, Melissa) (Entered:
10/13/2009)
10/14/2009 36 Order Requiring Joint Scheduling Report -Joint Scheduling Report due by
10/31/2009. Signed by Judge Adalberto Jordan on 10/14/2009. (ail) (Entered:
10/15/2009)
10/30/2009 37 SCHEDULING REPORT - Rule 16.1 by EL-AD Residences at Miramar
Conominium Association, Inc.. (Attachments: # 1 Exhibit A)(Keegan, Mark)
(Entered: 10/30/2009)
11/04/2009 38 Discovery Procedure For Magistrate Judge Chris M. McAliley. Signed by
Judge Adalberto Jordan on 11/4/2009. (cqs) (Entered: 11/04/2009)
11/04/2009 39 ORDER Setting Schedule, REFERRING CASE to Magistrate Judge Chris M.
McAliley for Discovery Proceedings, ORDER REFERRING CASE to
Mediation., SCHEDULING ORDER: ( Jury Trial set for 9/27/2010 09:00 AM
in Miami Division before Judge Adalberto Jordan., Calendar Call set for
9/21/2010 09:00 AM in Miami Division before Judge Adalberto Jordan.,
Amended Pleadings due by 1/5/2010., Discovery due by 4/5/2010., Pretrial
Stipulation due by 7/6/2010.). Signed by Judge Adalberto Jordan on 11/4/2009.
(cqs) (Entered: 11/05/2009)
11/04/2009 40 ORDER SETTING SCHEDULE, REQUIRING MEDIATION AND
REFERRING CERTAIN MOTIONS To Magistrate Judge Chris M. McAliley:
Amended Pleadings due by 1/5/2010., Discovery due by 4/5/2010., Joinder of
Parties due by 1/5/2010., Mediation Deadline 5/5/2010., Pretrial Stipulation
due by 7/6/2010., Calendar Call set for 9/21/2010 09:00 AM before Judge
Adalberto Jordan., Jury Trial set for 9/27/2010 before Judge Adalberto Jordan..
Signed by Judge Adalberto Jordan on 11/4/2009. (ail) (Entered: 11/05/2009)
11/04/2009 41 DISCOVERY PROCEDURE For Magistrate Judge Chris M. McAliley. Signed
by Judge Adalberto Jordan on 11/4/2009. (ail) (Entered: 11/05/2009)
11/16/2009 42 Defendant's MOTION to Quash and for Protective Order by Mt. Hawley
Insurance Company. (Attachments: # 1 Memorandum In Support of Motion to
Quash and for Protective Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, #
5 Exhibit D, # 6 Exhibit E)(Tookey, Thomas) (Entered: 11/16/2009)
11 of 36 11/30/10 11:15 AM
11/16/2009 43 Defendant's MOTION for Hearing re 42 Defendant's MOTION to Quash and

for Protective Order by Mt. Hawley Insurance Company. (Tookey, Thomas)
(Entered: 11/16/2009)
11/16/2009 44 Initial Disclosure(s) by Westchester Surplus Lines Insurance Company.
(Janowitz, Scott) (Entered: 11/16/2009)
11/16/2009 45 CERTIFICATE of Interested Party by Westchester Surplus Lines Insurance
Company. (Janowitz, Scott) (Entered: 11/16/2009)
11/16/2009 46 MOTION for Protective Order by Mt. Hawley Insurance Company, See image
DE 42 (lk) (Entered: 11/17/2009)
11/17/2009 47 Clerks Notice to Filer re 42 Defendant's MOTION to Quash and for Protective
Order. Motion with Multiple Reliefs Filed as One Relief; ERROR - The
Filer selected only one relief event and failed to select the additional
corresponding events for each relief requested in the motion. The docket entry
was re-docketed by the Clerk, see [de#46]. It is not necessary to refile this
document but future filings must comply with the instructions in the CM/ECF
Attorney User's Manual. (lk) (Entered: 11/17/2009)
11/25/2009 48 ORDER Setting Hearing on Motion 42 Defendant's MOTION to Quash and
for Protective Order : Motion Hearing set for 12/7/2009 02:00 PM before
Magistrate Judge Chris M. McAliley. Please see Order for details. Signed by
Magistrate Judge Chris M. McAliley on 11/24/09. (jjz) (Entered: 11/25/2009)
12/01/2009 49 RESPONSE to Motion re 42 Defendant's MOTION to Quash and for
Protective Order and Memorandum of Law filed by EL-AD Residences at
Miramar Conominium Association, Inc.. Replies due by 12/11/2009.
(Lawrence, JenniLynn) (Entered: 12/01/2009)
12/03/2009 50 NOTICE of Compliance Joint Notice of Compliance with Order Referring
Certain Motions to Magistrate Judge by EL-AD Residences at Miramar
Conominium Association, Inc. (Lawrence, JenniLynn) (Entered: 12/03/2009)
12/03/2009 51 Request for Clerk to Appoint Mediator(Lawrence, JenniLynn) (Entered:
12/03/2009)
12/03/2009 52 Clerk's Appointment of Mediator: John S. Freud added (pj) (Entered:
12/03/2009)
12/04/2009 53 REPLY to Response to Motion re 42 Defendant's MOTION to Quash and for
Protective Order D, Mt. Hawley Ins. Co.'s Combined Reply Memorandum in
Support of Motions to Quash and for Protective Order filed by Mt. Hawley
Insurance Company. (Tookey, Thomas) (Entered: 12/04/2009)
12/07/2009 54 Minute Entry for proceedings held before Magistrate Judge Chris M.
McAliley: Discovery Hearing held on 12/7/2009. (Digital 14:12:41.) (Tape
#09H-103-44.) (mdc) (Entered: 12/07/2009)
12 of 36 11/30/10 11:15 AM
12/10/2009 55 TRANSCRIPT of Hearing on Motion to Quash and for Protective Order held
on 12/07/2009 before Magistrate Judge Chris M. McAliley. Court Reporter:
Jerald M. Meyers, Phone: 954-431-4757. 1-55 pages. Transcript may be
viewed at the court public terminal or purchased by contacting the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction.
After that date it may be obtained through PACER.. Redaction Request due
1/4/2010. Redacted Transcript Deadline set for 1/13/2010. Release of
Transcript Restriction set for 3/15/2010. (Attachments: # 1 Designation
Form)(jua) (Entered: 12/11/2009)
12/15/2009 56 ORDER Following December 7, 2009 Discovery Conference; denying 42
Motion to Quash; granting 43 Motion for Hearing; granting 46 Motion for
Protective Order. Signed by Magistrate Judge Chris M. McAliley on
12/15/2009. (jjz) (Entered: 12/15/2009)
12/16/2009 57 NOTICE by Westchester Surplus Lines Insurance Company NOTICE OF
SERVING SUBPOENAS DUCES TECUM WITHOUT DEPOSITION (Berk,
William) (Entered: 12/16/2009)
12/16/2009 58 MOTION for Partial Summary Judgment Against Mt. Hawley Insurance
Company by EL-AD Residences at Miramar Conominium Association, Inc..
(Attachments: # 1 Exhibit A)(Lawrence, JenniLynn) (Entered: 12/16/2009)
12/17/2009 59 NOTICE by EL-AD Residences at Miramar Conominium Association, Inc. re
57 Notice (Other) Objection to Westchester Surplus Lines Insurance
Company's Notice of Serving Subpoenas Duces Tecum Without Deposition
(Keegan, Mark) (Entered: 12/17/2009)
12/22/2009 60 Defendant's MOTION for Extension of Time to File Unopposed Motion for
Extension of Time to Respond to Plaintiff's Motion for Partial Summary
Judgment by Mt. Hawley Insurance Company. (Attachments: # 1 Text of
Proposed Order Defendant Mt. Hawley Insurance Company)(Tookey, Thomas)
(Entered: 12/22/2009)
12/23/2009 61 ORDER granting 60 Motion for Extension of Time to File Response to
Plaintiff's Motion for Partial Summary Judgment. Signed by Judge Adalberto
Jordan on 12/23/2009. (ail) (Entered: 12/28/2009)
01/25/2010 62 MEMORANDUM in Opposition re 58 MOTION for Partial Summary
Judgment Against Mt. Hawley Insurance Company < filed by Mt. Hawley
Insurance Company. (Attachments: # 1 Certification Certificate of Service, # 2
Affidavit Declaration of Tim McKale, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit
C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, #
11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Affidavit Declaration of Amy
Johnson, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit
Declaration of Michael D. Prough, # 19 Exhibit O, # 20 Exhibit Statement of
Facts)(Tookey, Thomas) Modified TEXT on 1/26/2010 (lk). (Entered:
01/25/2010)
13 of 36 11/30/10 11:15 AM
01/29/2010 63 MOTION for Extension of Time to File Response to Subpoena to Produce

Documents, Information, or Objects or to Permit Inspection of Premises by
Andrew T Lavin. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4
Exhibit, # 5 Text of Proposed Order)(Lavin, Andrew) (Entered: 01/29/2010)
01/29/2010 64 MOTION for Protective Order and Objections to Subpoena to Testify at a
Deposition or to Produce Documents in a Civil Action by Andrew T Lavin.
(Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Lavin, Andrew)
(Entered: 01/29/2010)
02/02/2010 65 ORDER Setting Hearing on Motion 64 MOTION for Protective Order and
Objections to Subpoena to Testify at a Deposition or to Produce Documents in
a Civil Action : Motion Hearing set for 2/16/2010 02:30 PM in Miami Division
before Magistrate Judge Chris M. McAliley. Signed by Magistrate Judge Chris
M. McAliley on 2/1/2010. (jjz) (Entered: 02/02/2010)
02/02/2010 66 ORDER Requiring Response to 63 MOTION for Extension of Time to File
Response to Subpoena to Produce Documents, Information, or Objects or to
Permit Inspection of Premises filed by Andrew T Lavin. (Responses due by
2/5/2010). Signed by Magistrate Judge Chris M. McAliley on 2/1/10. (jjz)
(Entered: 02/02/2010)
02/02/2010 67 REPLY to Response to Motion re 58 MOTION for Partial Summary Judgment
Against Mt. Hawley Insurance Company filed by EL-AD Residences at
Miramar Conominium Association, Inc.. (Lawrence, JenniLynn) (Entered:
02/02/2010)
02/04/2010 68 Notice of Mediation Hearing before Mediator, Laurie L. Riemer, Esq.filed by
Laurie L. Riemer. Mediation Hearing set for 3/9/2010 11:00 AM (Riemer,
Laurie) (Entered: 02/04/2010)
02/05/2010 69 RESPONSE to Motion re 63 MOTION for Extension of Time to File Response
to Subpoena to Produce Documents, Information, or Objects or to Permit
Inspection of Premises filed by Mt. Hawley Insurance Company. Replies due
by 2/16/2010. (Janowitz, Scott) (Entered: 02/05/2010)
02/05/2010 70 Witness List Expert Witness Summaries by EL-AD Residences at Miramar
Conominium Association, Inc... (Attachments: # 1 Exhibit A, # 2 Exhibit B, #
3 Exhibit C, # 4 Exhibit D)(Keegan, Mark) (Entered: 02/05/2010)
02/08/2010 71 ORDER granting 63 Motion for Extension of Time to Respond to Subpoena.
Signed by Magistrate Judge Chris M. McAliley on 2/8/10. (jjz) (Entered:
02/08/2010)
02/11/2010 72 STIPULATION re 64 MOTION for Protective Order and Objections to
Subpoena to Testify at a Deposition or to Produce Documents in a Civil Action
Stipulation and Order Regarding Hunter R. Contracting, LLC's Motion for
Protective Order submitted by Mt. Hawley Insurance Company (Attachments:
# 1 Certification Certificate of Service, # 2 Text of Proposed Order Proposed
14 of 36 11/30/10 11:15 AM
Order)(Tookey, Thomas) (Entered: 02/11/2010)

02/12/2010 73 ORDER denying without prejudice 64 Motion for Protective Order. Signed by
Magistrate Judge Chris M. McAliley on 2/12/10. (jjz) (Entered: 02/12/2010)
02/26/2010 74 Unopposed MOTION to Withdraw as Attorney by JenniLynn E. Lawrence. by
JenniLynn E. Lawrence. Responses due by 3/15/2010 (Attachments: # 1 Text
of Proposed Order)(Lawrence, JenniLynn) (Entered: 02/26/2010)
03/02/2010 75 ORDER granting 74 Motion to Withdraw as Attorney. Attorney JenniLynn E.
Lawrence terminated. Signed by Judge Adalberto Jordan on 3/1/2010. (ail)
(Entered: 03/02/2010)
03/05/2010 76 Witness List DEFENDANTS JOINT EXPERT SUMMARIES by Westchester
Surplus Lines Insurance Company.. (Attachments: # 1 Exhibit A, # 2 Exhibit
B, # 3 Exhibit C, # 4 Exhibit D)(Janowitz, Scott) (Entered: 03/05/2010)
03/11/2010 77 FINAL REPORT of Mediation Disposition: Impasse(Riemer, Laurie) (Entered:
03/11/2010)
03/18/2010 78 NOTICE by Westchester Surplus Lines Insurance Company JOINT NOTICE
OF WITHDRAWAL OF EXPERT WITNESS (Janowitz, Scott) (Entered:
03/18/2010)
Electronically Receive Notices of Electronic Filings for Cortland Putbrese.
Filing Fee $75.00. Receipt # 1019487 (ra) (Entered: 03/25/2010)
03/29/2010 80 MOTION Appoint Special Master for Alan Garfinkel's Deposition by
Westchester Surplus Lines Insurance Company. (Attachments: # 1 Exhibit A, #
2 Exhibit B)(Janowitz, Scott) (Entered: 03/29/2010)
03/29/2010 81 NOTICE by Westchester Surplus Lines Insurance Company re 80 MOTION
Appoint Special Master for Alan Garfinkel's Deposition Proposed Order
03/29/2010 82 Defendant's MOTION to Quash, Defendant's MOTION for Protective Order
by Mt. Hawley Insurance Company. (Attachments: # 1 Memorandum D,
Mt.Hawley's MIS to Quash and for PO, # 2 Certification Certificate of Service
of Parties, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7
Exhibit E, # 8 Exhibit F, # 9 Text of Proposed Order Order)(Tookey, Thomas)
(Entered: 03/29/2010)
Judge Adalberto Jordan on 3/29/2010. (lbc) (Entered: 03/30/2010)
03/30/2010 84 Clerks Notice to Filer re 81 Notice (Other). Proposed Order Docketed as
Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a
Notice of Striking, then resubmit the proposed order as instructed in the
15 of 36 11/30/10 11:15 AM
CM/ECF Administrative Procedures (lk) (Entered: 03/30/2010)

03/30/2010 85 NOTICE by Westchester Surplus Lines Insurance Company Notice of Filing
Privilege Log In Response to Plaintiff's First Request for Production
(Attachments: # 1 Exhibit)(Janowitz, Scott) (Entered: 03/30/2010)
03/30/2010 86 Defendant's MOTION to Quash, Defendant's MOTION for Protective Order &
Incorporated Memorandum of Law by Westchester Surplus Lines Insurance
Company. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3
Exhibit B)(Janowitz, Scott) (Entered: 03/30/2010)
03/31/2010 87 ORDER Setting Hearing on Motion 86 Defendant's MOTION to Quash and for
Protective Order 82 Defendant's MOTION to Quash and for Protective Order.
Motion Hearing Set for 4/16/2010 at 9:00 a.m. before Magistrate Judge Chris
M. McAliley. Responses due by 4/13/2010. See Order for details. Signed by
Magistrate Judge Chris M. McAliley on 3/31/2010. (tmi) (Entered:
03/31/2010)
04/01/2010 88 NOTICE of Attorney Appearance by Daniel S. Rosenbaum on behalf of
EL-AD Residences at Miramar Conominium Association, Inc. (Rosenbaum,
Daniel) (Entered: 04/01/2010)
04/01/2010 89 NOTICE of Attorney Appearance by John Marcus Siracusa on behalf of
EL-AD Residences at Miramar Conominium Association, Inc. (Siracusa, John)
(Entered: 04/01/2010)
04/01/2010 90 NOTICE of Attorney Appearance by Mark Gerard Keegan on behalf of
EL-AD Residences at Miramar Conominium Association, Inc. (Keegan, Mark)
(Entered: 04/01/2010)
04/01/2010 91 NOTICE of Attorney Appearance by Richard Chambers Valuntas on behalf of
EL-AD Residences at Miramar Conominium Association, Inc. (Valuntas,
Richard) (Entered: 04/01/2010)
04/01/2010 92 NOTICE of Attorney Appearance by Yelizaveta Batres on behalf of EL-AD
Residences at Miramar Conominium Association, Inc. (Batres, Yelizaveta)
(Entered: 04/01/2010)
04/01/2010 93 MOTION to Quash Subpoena Duces Tecum With Deposition by Latite Roofing
and Sheet Metal Company. (Weiss, Bradley) (Entered: 04/01/2010)
04/02/2010 94 WITHDRAWAL of Motion by Latite Roofing and Sheet Metal Company re 93
MOTION to Quash Subpoena Duces Tecum With Deposition filed by Latite
Roofing and Sheet Metal Company filed by Latite Roofing and Sheet Metal
Company. (Weiss, Bradley) (Entered: 04/02/2010)
04/02/2010 95 ORDER REFERRING CASE to Special Master. Lawrence Watson appointed.,
ORDER Granting MOTION 80 Appoint Special Master for Alan Garfinkel's
Deposition. Signed by Judge Adalberto Jordan on 4/2/2010. (lbc) (Entered:
04/02/2010)
16 of 36 11/30/10 11:15 AM
04/02/2010 96 Plaintiff's MOTION to Compel and Motion for Sanctions Against Mt. Hawley
Insurance Company by EL-AD Residences at Miramar Conominium
Association, Inc.. Responses due by 4/19/2010 (Attachments: # 1 Exhibit A, #
2 Exhibit B, # 3 Exhibit C)(Keegan, Mark) (Entered: 04/02/2010)
04/02/2010 97 Plaintiff's MOTION to Compel Documents in Response to First Request for
Production and Incorporated Memorandum of Law by EL-AD Residences at
Miramar Conominium Association, Inc.. Responses due by 4/19/2010
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E)(Batres, Yelizaveta) (Entered: 04/02/2010)
04/02/2010 98 PAPERLESS ORDER: Order denying without prejudice Plaintiff's Motion to
Compel [DE 96] for failure to comply with the discvoery procedures for
Magistrate Judge Chris McAliley limiting discovery motions to five pages.
(These procedures were provided to the parties at DE 41). If the parties are
unable to resolve this discovery dispute, Plaintiff may refile the Motion in
accordance with the procedures set out in DE 41. Signed by Magistrate Judge
Chris M. McAliley on 4/2/2010. (tmi) (Entered: 04/02/2010)
04/02/2010 99 PAPERLESS ORDER: Order denying without prejudice Plaintiff's Motion to
Compel [DE 97] for failure to comply with the discovery procedures of
Magistrate Judge Chris M. McAliley limited discovery motions to five pages.
(These procedures were provided to the parties at DE 41). If the parties are
unable to resolve this discovery dispute, Plaintiff may refile the Motion in
accordance with the procedures set out at DE 41. Signed by Magistrate Judge
Chris M. McAliley on 4/2/2010. (tmi) (Entered: 04/02/2010)
04/05/2010 100 NOTICE by Westchester Surplus Lines Insurance Company 's Notice of Filing
Privilege Log for Engle Martin & Asscociates, Inc.'s File of James R. Hill
(Attachments: # 1 Exhibit 1)(Janowitz, Scott) (Entered: 04/05/2010)
04/05/2010 101 Unopposed MOTION LEAVE OF COURT TO DEPOSE MS. DIETZ by
2 Exhibit B, # 3 Exhibit C, # 4 Certification Cert of Service and LR
Compliance)(Janowitz, Scott) (Entered: 04/05/2010)
04/07/2010 102 ORDER granting 101 Motion for Leave to Take Deposition of Dawn Dietz.
Signed by Magistrate Judge Chris M. McAliley on 4/7/2010. (tmi) (Entered:
04/07/2010)
04/08/2010 103 MOTION Judicial Inquiry for Perjury and Potential Subornation of
perjury/Witness Tampering by EL-AD Residences at Miramar Conominium
Association, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, #
4 Exhibit D)(Rosenbaum, Daniel) (Entered: 04/08/2010)
04/12/2010 104 ORDER Granting in Part and REFERRING MOTION: 103 MOTION Judicial
Inquiry into Perjury and Potential Subornation of perjury/Witness Tampering
filed by EL-AD Residences at Miramar Condominium Association, Inc...
17 of 36 11/30/10 11:15 AM
Motion referred to Magistrate Judge Chris M. McAliley for appropriate

disposition. Signed by Judge Adalberto Jordan on 4/12/2010. (lbc) (Entered:
04/12/2010)
04/12/2010 105 RESPONSE to Motion re 82 Defendant's MOTION to QuashDefendant's
MOTION for Protective Order filed by EL-AD Residences at Miramar
Conominium Association, Inc.. Replies due by 4/22/2010. (Attachments: # 1
Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit
D)(Valuntas, Richard) (Entered: 04/12/2010)
04/12/2010 106 RESPONSE to Motion re 86 Defendant's MOTION to QuashDefendant's
MOTION for Protective Order & Incorporated Memorandum of Law filed by
EL-AD Residences at Miramar Conominium Association, Inc.. Replies due by
4/22/2010. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit
B, # 4 Exhibit C, # 5 Exhibit D)(Valuntas, Richard) (Entered: 04/12/2010)
04/14/2010 107 NOTICE of Attorney Appearance by Keith Jeffrey Lambdin on behalf of
EL-AD Residences at Miramar Conominium Association, Inc. (Lambdin,
Keith) (Entered: 04/14/2010)
04/14/2010 108 NOTICE of Attorney Appearance by John David Mallah on behalf of EL-AD
Residences at Miramar Conominium Association, Inc. (Mallah, John)
(Entered: 04/14/2010)
04/15/2010 109 MOTION to Withdraw as Attorney of Record by Daniel S. Rosenbaum. by
EL-AD Residences at Miramar Conominium Association, Inc.. Responses due
by 5/3/2010 (Attachments: # 1 Exhibit A)(Rosenbaum, Daniel) (Entered:
04/15/2010)
04/15/2010 110 Plaintiff's MOTION to Strike Unauthorized Request for Judicial Inquiry re 103
MOTION Judicial Inquiry for Perjury and Potential Subornation of
perjury/Witness Tampering by EL-AD Residences at Miramar Conominium
Association, Inc.. Responses due by 5/3/2010 (Attachments: # 1 Exhibit, # 2
Exhibit, # 3 Exhibit, # 4 Exhibit)(Lambdin, Keith) link added on 4/16/2010
(ail). (Entered: 04/15/2010)
04/16/2010 111 Clerks Notice to Filer re 110 Plaintiff's MOTION to Strike Unauthorized
Request for Judicial Inquiry. Document Not Linked; ERROR - The filed
document was not linked to the related docket entry. The correction was made
by the Clerk. It is not necessary to refile this document. (ail) (Entered:
04/16/2010)
McAliley: Motion Hearing held on 4/16/2010 re 109 MOTION to Withdraw as
Attorney of Record by Daniel S. Rosenbaum. filed by EL-AD Residences at
Miramar Conominium Association, Inc.. (Digital 9:00:44.) (Tape
#10H-22-192.) (nf) (Entered: 04/16/2010)
18 of 36 11/30/10 11:15 AM
04/16/2010 113 ORDER granting 109 Motion to Withdraw as Attorney. Attorney Daniel S.
Rosenbaum; John Marcus Siracusa; Richard Chambers Valuntas; Yelizaveta
Batres and Mark Gerard Keegan terminated. Signed by Magistrate Judge Chris
M. McAlileyon 4/16/2010. (tmi) (Entered: 04/16/2010)
04/16/2010 114 ORDER denying 110 Motion to Strike. Defendants are to file a statement
regarding judicial inquiry no later than April 30, 2010. Plaintiffs may file a
response no later than May 14, 2010. Signed by Magistrate Judge Chris M.
McAliley on 4/16/2010. (tmi) (Entered: 04/16/2010)
04/20/2010 119 TRANSCRIPT of Status Conference Hearing held on 4/16/10 before
Magistrate Judge Chris M. McAliley, 1-59 pages, Court Reporter: Jerald M.
Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court
public terminal or purchased by contacting the Court Reporter/Transcriber
before the deadline for Release of Transcript Restriction. After that date it may
be obtained through PACER. Redaction Request due 5/14/2010. Redacted
Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for
7/22/2010. (Attachments: # 1 Designation Access Form)(hh) (Entered:
04/27/2010)
04/21/2010 115 Agreed MOTION Agreed Order re 86 Defendant's MOTION to
QuashDefendant's MOTION for Protective Order & Incorporated
Memorandum of Law (proposed agreed order) by Westchester Surplus Lines
Insurance Company. (Janowitz, Scott) (Entered: 04/21/2010)
04/22/2010 116 Clerks Notice to Filer re 115 Agreed MOTION Agreed Order re 86
Defendant's MOTION to QuashDefendant's MOTION for Protective Order &
Incorporated Memorandum of Law (proposed agreed order). Proposed Order
Docketed as a Motion; CORRECTIVE ACTION REQUIRED - Filer must
File a Notice of Striking, then resubmit the proposed order as instructed in the
CM/ECF Administrative Procedures (ail) (Entered: 04/22/2010)
04/22/2010 117 ORDER granting 86 Motion to Quash and for Protective Order. Signed by
Magistrate Judge Chris M. McAliley on 4/21/2010. (tmi) (Entered:
04/22/2010)
04/26/2010 118 PAPERLESS ORDER: On April 16, 2010, the Court held a hearing resolving
numerous motions. The parties were instructed to submit proposed orders. A
proposed order remains outstanding for DE 82, Mt. Hawley's Motion to Quash.
Mt. Hawley is instructed to submit the proposed order no later than
Wednesday, April 28, 2010. Signed by Magistrate Judge Chris M. McAliley on
4/26/2010. (tmi) (Entered: 04/26/2010)
04/27/2010 120 ORDER granting 82 Motion to Quash. Signed by Magistrate Judge Chris M.
04/30/2010 121 Joint MOTION Request for Judicial Inquiry As Ordered by the Court by
Westchester Surplus Lines Insurance Company. (Janowitz, Scott) (Entered:
19 of 36 11/30/10 11:15 AM
04/30/2010)
05/03/2010 122 MOTION for Protective Order Enjoining Daniel Rosenbaum from Further
Violating Attorney-Client Privilege to Advance His Own Interest with
Supporting Memorandum of Law by EL-AD Residences at Miramar
Conominium Association, Inc.. (Lambdin, Keith) (Entered: 05/03/2010)
122 MOTION for Protective Order Enjoining Daniel Rosenbaum from Further
Violating Attorney-Client Privilege to Advance His Own Interest with
Supporting Memorandum of Law (Attachments: # 1 Affidavit of Tucker H.
Byrd)(Lambdin, Keith) (Entered: 05/03/2010)
05/04/2010 124 ORDER Requiring Response to Motion for Protective Order [DE 122].
Responses due by 5/18/2010. Signed by Magistrate Judge Chris M. McAliley
on 5/4/2010. (tmi) (Entered: 05/04/2010)
05/07/2010 125 MOTION to Intervene by Alan B. Garfinkel, Leigh C Katzman. (Attachments:
# 1 Exhibit, # 2 Text of Proposed Order)(Sierra-De Varona, Alexandra)
(Entered: 05/07/2010)
05/11/2010 126 ORDER denying 58 Motion for Partial Summary Judgment. Signed by Judge
Adalberto Jordan on 5/11/2010. (tb) (Entered: 05/11/2010)
05/13/2010 127 RESPONSE to Motion re 121 Joint MOTION Request for Judicial Inquiry As
Ordered by the Court filed by EL-AD Residences at Miramar Conominium
Association, Inc.. Replies due by 5/24/2010. (Lambdin, Keith) (Entered:
05/13/2010)
05/14/2010 128 ORDER REFERRING MOTIONS: 122 MOTION for Protective Order
Enjoining Daniel Rosenbaum from Further Violating Attorney-Client Privilege
to Advance His Own Interest with Supporting Memorandum of Law filed by
EL-AD Residences at Miramar Conominium Association, Inc., 121 Joint
MOTION Request for Judicial Inquiry As Ordered by the Court filed by
Westchester Surplus Lines Insurance Company, 125 MOTION to Intervene
filed by Alan B. Garfinkel, Leigh C Katzman Motions referred to Chris M.
McAliley. Signed by Judge Adalberto Jordan on 5/14/2010. (lbc) (Entered:
05/14/2010)
05/14/2010 129 MEMORANDUM in Opposition re 122 MOTION for Protective Order
to Advance His Own Interest with Supporting Memorandum of Law by Mt.
Hawley Insurance Company. (Attachments: # 1 Exhibit Transcript of Status
Conference Hearing)(Tookey, Thomas) (Entered: 05/14/2010)
05/14/2010 130 MOTION Motion to Convene Sealed and Limited Ancillary Proceeding for
Injunctive Relief, etc. by Alan B. Garfinkel, Leigh C Katzman. (Sierra-De
Varona, Alexandra) (Entered: 05/14/2010)
20 of 36 11/30/10 11:15 AM
05/16/2010 131 NOTICE by Alan B. Garfinkel, Leigh C Katzman re 130 MOTION Motion to
Convene Sealed and Limited Ancillary Proceeding for Injunctive Relief, etc.
(Attachments: # 1 Exhibit)(Sierra-De Varona, Alexandra) (Entered:
05/16/2010)
05/16/2010 132 MOTION for Hearing re 130 MOTION Motion to Convene Sealed and
Limited Ancillary Proceeding for Injunctive Relief, etc. by Alan B. Garfinkel,
Leigh C Katzman. (Sierra-De Varona, Alexandra) (Entered: 05/16/2010)
05/18/2010 133 RESPONSE in Opposition re 122 MOTION for Protective Order Enjoining
Daniel Rosenbaum from Further Violating Attorney-Client Privilege to
Advance His Own Interest with Supporting Memorandum of Law filed by
2 Exhibit B)(Janowitz, Scott) (Entered: 05/18/2010)
05/18/2010 134 MOTION for Appearance Pro Hac Vice, Consent to Designation and Request
to Electronically Receive Notices of Electronic Filings for Mayanne Downs.
Filing Fee $75.00. Receipt # 9-035 (yc) (Entered: 05/19/2010)
05/18/2010 135 MOTION for Appearance Pro Hac Vice, Consent to Designation and Request
to Electronically Receive Notices of Electronic Filings for Frederick S.
Wermuth. Filing Fee $75.00. Receipt # 9-036 (yc) (Entered: 05/19/2010)
05/20/2010 136 ORDER REFERRING MOTION: 130 MOTION to Convene Sealed and
Limited Ancillary Proceeding for Injunctive Relief, etc. filed by Alan B.
Garfinkel, Leigh C Katzman, 132 MOTION for Hearing re 130 MOTION to
Convene Sealed and Limited Ancillary Proceeding for Injunctive Relief, etc.
filed by Alan B. Garfinkel, Leigh C Katzman Motions referred to Chris M.
McAliley. Signed by Judge Adalberto Jordan on 5/20/2010. (ls) (Entered:
05/20/2010)
05/21/2010 138 ORDER denying w/o prejudice 135 Motion for Appearance Pro Hac Vice,
Electronic Filings of Attorney Frederick S. Wermuth Notice of Termination
delivered by US Mail to Frederick Wermuth.. Signed by Judge Adalberto
Jordan on 5/21/2010. (lbc) (Entered: 05/21/2010)
05/24/2010 139 Agreed MOTION for Extension of Time to File Response/Reply as to 129
Memorandum in Opposition, by EL-AD Residences at Miramar Conominium
Association, Inc.. (Lambdin, Keith) (Entered: 05/24/2010)
05/25/2010 140 ORDER granting 139 Motion for Extension of Time to File Reply. Reply due
by 5/28/2010. Signed by Magistrate Judge Chris M. McAliley on 5/25/2010.
(tmi) (Entered: 05/25/2010)
05/25/2010 Pursuant to DE# 140 , Set/Reset Deadlines as to 122 MOTION for Protective
Order Enjoining Daniel Rosenbaum from Further Violating Attorney-Client
Privilege to Advance His Own Interest with Supporting Memorandum of Law.
Replies due by 5/28/2010. (dgj) (Entered: 05/26/2010)
21 of 36 11/30/10 11:15 AM
05/26/2010 141 AMENDED MOTION for Appearance Pro Hac Vice, Consent to Designation
and Request to Electronically Receive Notices of Electronic Filings for
Frederick S. Wermuth. (yc) (Entered: 05/28/2010)
05/26/2010 Attorney Frederick S. Wermuth representing Garfinkel, Alan B. (Intervenor)
Activated. (yc) (Entered: 05/28/2010)
05/26/2010 142 AMENDED MOTION for Appearance Pro Hac Vice, Consent to Designation
and Request to Electronically Receive Notices of Electronic Filings for
Mayanne Downs. (yc) (Entered: 05/28/2010)
05/28/2010 Attorney Mayanne Downs representing Garfinkel, Alan B. (Intervenor)
Activated. (yc) (Entered: 05/28/2010)
05/28/2010 143 REPLY to Response to Motion re 122 MOTION for Protective Order
to Advance His Own Interest with Supporting Memorandum of Law filed by
EL-AD Residences at Miramar Conominium Association, Inc.. (Lambdin,
05/28/2010 144 ORDER granting 141 Motion for Appearance Pro Hac Vice, Consent to
Designation and Request to Electronically Receive Notices of Electronic
Filings for Wermuth. Signed by Judge Adalberto Jordan on 5/28/2010. (lbc)
(Entered: 05/28/2010)
05/28/2010 145 ORDER granting 142 Motion for Appearance Pro Hac Vice, Consent to
Designation and Request to Electronically Receive Notices of Electronic
Filings for Downs. Signed by Judge Adalberto Jordan on 5/28/2010. (lbc)
(Entered: 05/28/2010)
06/01/2010 146 Unopposed MOTION for Extension of Time to File Response/Reply as to 130
MOTION Motion to Convene Sealed and Limited Ancillary Proceeding for
Injunctive Relief, etc., 125 MOTION to Intervene by Westchester Surplus
Lines Insurance Company. (Janowitz, Scott) (Entered: 06/01/2010)
06/02/2010 147 ORDER denying 103 Motion for Judicial Inquiry; denying 121 Motion for
Judicial Inquiry; denying 122 Motion for Protective Order; granting 125
Motion to Intervene; denying 130 Motion to Convene Ancillary Proceedings;
denying 132 Motion for Hearing; denying as moot 146 Motion for Extension
of Time to File Response/Reply. Signed by Magistrate Judge Chris M.
06/02/2010 148 ORDER Setting Status Conference: Status Conference set for 6/10/2010 10:00
AM before Magistrate Judge Chris M. McAliley. See Order for Details. Signed
by Magistrate Judge Chris M. McAliley on 6/2/2010. (tmi) (Entered:
06/02/2010)
06/02/2010 149 Agreed MOTION for Extension of Time to File Pre-Trial Motions other than
Motions in Limine by EL-AD Residences at Miramar Conominium
22 of 36 11/30/10 11:15 AM
Association, Inc., Mt. Hawley Insurance Company, Westchester Surplus Lines

Insurance Company. (Lambdin, Keith) (Entered: 06/02/2010)
06/04/2010 150 ORDER granting 149 Motion for Extension of Time to File. Signed by Judge
Adalberto Jordan on 6/4/2010. (lbc) (Entered: 06/04/2010)
06/07/2010 151 MOTION to Intervene and Incorporated Memorandum of Law by Daniel S.
Rosenbaum. (Rosenbaum, Daniel) (Entered: 06/07/2010)
06/08/2010 152 ORDER granting 151 Motion to Intervene. Signed by Magistrate Judge Chris
M. McAliley on 6/8/2010. (tmi) (Entered: 06/08/2010)
06/09/2010 153 ORDER Referring Matter to Judge McAliley, re 151 MOTION to Intervene
and Incorporated Memorandum of Law filed by Daniel S. Rosenbaum. Signed
by Judge Adalberto Jordan on 6/9/2010. (lbc) (Entered: 06/09/2010)
McAliley: Status Conference held on 6/10/2010. (Digital 09:58:26.) (Tape
#10H-44-630, 45-1.) (sl) (Entered: 06/10/2010)
06/11/2010 155 ORDER following status conference. See Order for details. Signed by
Magistrate Judge Chris M. McAliley on 6/11/2010. (tmi) (Entered: 06/11/2010)
06/14/2010 156 TRANSCRIPT of Status Conference Hearing held on 6/10/10 before
Magistrate Judge Chris M. McAliley, 1-71 pages, Court Reporter: Jerald M.
Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court
public terminal or purchased by contacting the Court Reporter/Transcriber
before the deadline for Release of Transcript Restriction. After that date it may
be obtained through PACER. Redaction Request due 7/8/2010. Redacted
Transcript Deadline set for 7/19/2010. Release of Transcript Restriction set for
9/15/2010. (Attachments: # 1 Designation Access Form)(hh) (Entered:
06/14/2010)
06/15/2010 157 Statement of: Response to June 11, 2010 Order Following Status Conference
Response to June 11, 2010 Order Following Status Conference by Mt. Hawley
Insurance Company re 155 Order (Tookey, Thomas) (Entered: 06/15/2010)
06/17/2010 159 CORRECTED TRANSCRIPT of Status Conference Hearing held on 6/10/10
before Magistrate Judge Chris M. McAliley, 1-71 pages, Court Reporter: Jerald
M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the
court public terminal or purchased by contacting the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction.
After that date it may be obtained through PACER. Redaction Request due
7/12/2010. Redacted Transcript Deadline set for 7/21/2010. Release of
Transcript Restriction set for 9/20/2010. (Attachments: # 1 Designation Access
Form)(hh) Text Modified on 6/21/2010 (hh). (Entered: 06/21/2010)
06/18/2010 158 Defendant's MOTION to Compel Alan Garfinkel's further Deposition and
Production of Documents; Memorandum in Support by Mt. Hawley Insurance
23 of 36 11/30/10 11:15 AM
Company. Responses due by 7/6/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit

B, # 3 Exhibit C, # 4 Text of Proposed Order Order, # 5 Certification Certificate
of Service)(Tookey, Thomas) (Entered: 06/18/2010)
06/18/2010 160 Sealed Document (ra) (Entered: 06/21/2010)
06/22/2010 161 Unopposed MOTION for Extension of Time to File Response/Reply as to 160
Sealed Document, 158 Defendant's MOTION to Compel Alan Garfinkel's
further Deposition and Production of Documents; Memorandum in Support by
Alan B. Garfinkel, Leigh C Katzman. (Sierra-De Varona, Alexandra) (Entered:
06/22/2010)
06/23/2010 162 ORDER granting 161 Motion for Extension of Time to File Response re 158
Defendant's MOTION to Compel Alan Garfinkel's further Deposition and
Production of Documents. Responses due by 6/29/2010. Signed by Magistrate
Judge Chris M. McAliley on 6/23/2010. (tmi) (Entered: 06/23/2010)
06/24/2010 163 RESPONSE in Opposition re 158 Defendant's MOTION to Compel Alan
Garfinkel's further Deposition and Production of Documents; Memorandum in
Support filed by EL-AD Residences at Miramar Conominium Association,
Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lambdin, Keith) (Entered:
06/24/2010)
06/29/2010 164 RESPONSE in Opposition re 158 Defendant's MOTION to Compel Alan
Garfinkel's further Deposition and Production of Documents; Memorandum in
Support filed by Alan B. Garfinkel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9
Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, #
15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit,
# 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26
Exhibit, # 27 Exhibit)(Rubinstein, Craig) (Entered: 06/29/2010)
06/29/2010 165 Sealed Document (jc) (Entered: 06/29/2010)
06/30/2010 166 Sealed Document (nc) (Entered: 07/01/2010)
07/22/2010 171 Defendant's MOTION for Extension of Time to File Dispositive Pretrial
Motions by Mt. Hawley Insurance Company. (Tookey, Thomas) (Entered:
07/22/2010)
07/23/2010 172 NOTICE by Westchester Surplus Lines Insurance Company Of Objections to
Plaintiff's Deposition Duces Tecum of Westchester's 30b6 Claims Rep
24 of 36 11/30/10 11:15 AM
(Attachments: # 1 Exhibit A)(Janowitz, Scott) (Entered: 07/23/2010)

07/23/2010 173 NOTICE by Westchester Surplus Lines Insurance Company of Objections to
Plaintiff's Deposition Duces Tecum of Westchester's 30b6 Underwriting Rep
(Attachments: # 1 Exhibit A)(Janowitz, Scott) (Entered: 07/23/2010)
07/23/2010 174 ORDER granting 171 Motion for Extension of Time to File Dispositive Pretrial
Motions. Signed by Judge Adalberto Jordan on 7/23/2010. (ls) (Entered:
07/23/2010)
07/23/2010 175 NOTICE by Westchester Surplus Lines Insurance Company of Filing Offer of
Judgment (Janowitz, Scott) (Entered: 07/23/2010)
07/24/2010 176 NOTICE by Westchester Surplus Lines Insurance Company of Amended
Objections to Plaintiff's Deposition Duces Tecum of Westchester's 30b6
Underwriting Representative (Janowitz, Scott) (Entered: 07/24/2010)
07/29/2010 177 ORDER appointing to Special Master. Lazaro Fernandez, Jr appointed. Signed
by Judge Adalberto Jordan on 7/29/10. (ch1) (Entered: 07/29/2010)
08/02/2010 178 NOTICE by Lazaro Fernandez, Jr re 177 Order Referring Case to Special
Master of Limited Appearance as Special Master (Fernandez, Lazaro)
(Entered: 08/02/2010)
08/02/2010 179 MOTION for Extension of Time to File Dispositive Motions by EL-AD
Residences at Miramar Conominium Association, Inc.. (Lambdin, Keith)
(Entered: 08/02/2010)
08/02/2010 180 MOTION for Summary Judgment, MOTION for Partial Summary Judgment
by Mt. Hawley Insurance Company. Responses due by 8/26/2010
(Attachments: # 1 Memorandum of Points and Authorities, # 2 Statement of
Undisputed Material Facts, # 3 Declaration of Tim McKale, # 4 Declaration of
Amy Johnson, # 5 Declaration of Brian Sims with Exhibits A-O, # 6 Exhibits
P-Q to Brian Sims Declaration, # 7 Exhibits R-U to Brian Sims Declaration, #
8 Exhibit V to Brian Sims Declaration, # 9 Part One of Exhibit W to Brian
Sims Declaration, # 10 Part Two of Exhibit W to Brian Sims Declaration, # 11
Exhibits X-HH to Brian Sims Declaration, # 12 Exhibits II-OO to Brian Sims
Declaration, # 13 Exhibit P to Brian Sims Declaration, # 14 Request for
Hearing, # 15 Text of Proposed Order, # 16 Text of Proposed Order, # 17
Certificate of Service)(Coultoff, Daniel) Modified on 8/4/2010 (ls). (Entered:
08/02/2010)
08/02/2010 181 Defendant's MOTION for Summary Judgment, Defendant's MOTION for
Partial Summary Judgment by Westchester Surplus Lines Insurance Company.
Responses due by 8/26/2010 (Attachments: # 1 Memorandum of Undisputed
Facts, # 2 Exhibit A - Westchester Policy, # 3 Exhibit B - Plaintiffs Discovery
Responses, # 4 Exhibit C - Hopson Depo, # 5 Exhibit D - Noitce of Depo, # 6
Exhibit E - 1st Notice of Loss, # 7 Exhibit F - Latite Invoice, # 8 Exhibit G -
LeBleu Depo, # 9 Exhibit H - Barker Depo)(Janowitz, Scott) Modified on
25 of 36 11/30/10 11:15 AM
8/4/2010 (ls). (Entered: 08/02/2010)

08/05/2010 182 ORDER denying 179 Motion for Extension of Time to File. Signed by Judge
Adalberto Jordan on 8/5/2010. (lbc) (Entered: 08/05/2010)
08/06/2010 183 NOTICE by Lazaro Fernandez, Jr re 160 Sealed Document, 158 Defendant's
MOTION to Compel Alan Garfinkel's further Deposition and Production of
Documents; Memorandum in Support of Hearing by Special Master
(Fernandez, Lazaro) (Entered: 08/06/2010)
08/09/2010 184 ORDER Setting Hearing. Motion Hearing set for 9/7/2010 09:30 AM in Miami
Division before Judge Adalberto Jordan re 181 Defendant's MOTION for
Summary re 180 Motion for Summary Judgment, Motion for Partial Summary
Judgment. Signed by Judge Adalberto Jordan on 8/9/2010. (lbc) (Entered:
08/09/2010)
08/09/2010 185 NOTICE by Westchester Surplus Lines Insurance Company re 181 Defendant's
MOTION for Summary JudgmentDefendant's MOTION for Partial Summary
Judgment of Withdrawal of Pending Summary Judgment Motion (Janowitz,
Scott) (Entered: 08/09/2010)
08/11/2010 186 MOTION order granting court reporter access to courthouse re 183 Notice
(Other), Notice (Other) by Lazaro Fernandez, Jr. (Fernandez, Lazaro) (Entered:
08/11/2010)
08/11/2010 187 ORDER granting 186 Motion Access to courthouse. Signed by Magistrate
Judge Chris M. McAliley on 8/11/2010. (tmi) (Entered: 08/11/2010)
08/24/2010 188 MOTION to Strike 180 Motion for Summary JudgmentMotion for Partial
Summary Judgment Affidavits Exibits #'s 3, 4 & 5 by EL-AD Residences at
Miramar Conominium Association, Inc.. Responses due by 9/10/2010
(Attachments: # 1 Exhibit A)(Lambdin, Keith) (Entered: 08/24/2010)
08/24/2010 189 AFFIDAVIT in Opposition re 180 Motion for Summary JudgmentMotion for
Partial Summary Judgment statement of disputed & undisputed facts filed by
EL-AD Residences at Miramar Conominium Association, Inc.. (Lambdin,
08/24/2010 190 RESPONSE in Opposition re 180 Motion for Summary JudgmentMotion for
Partial Summary Judgment filed by EL-AD Residences at Miramar
Conominium Association, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit
C)(Lambdin, Keith) (Entered: 08/24/2010)
190 Response in Opposition to Motion (Attachments: # 1 Deposition Wefer)
(Lambdin, Keith) (Entered: 08/25/2010)
190 Response in Opposition to Motion Notice of Filing (Attachments: # 1
Deposition Driscoll)(Lambdin, Keith) (Entered: 08/25/2010)
26 of 36 11/30/10 11:15 AM
08/25/2010 193 NOTICE by EL-AD Residences at Miramar Conominium Association, Inc. of

Filing Deposition (Attachments: # 1 Deposition LeBleu)(Lambdin, Keith)
(Entered: 08/25/2010)
08/27/2010 194 NOTICE of Attorney Appearance by Steven Mark Katzman on behalf of
EL-AD Residences at Miramar Conominium Association, Inc. (Katzman,
Steven) (Entered: 08/27/2010)
08/30/2010 195 PRETRIAL STIPULATION Exhibit List, Witness List, Proposed Jury
Instructions by EL-AD Residences at Miramar Conominium Association, Inc.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lambdin, Keith)
(Entered: 08/30/2010)
08/30/2010 196 MOTION in Limine by EL-AD Residences at Miramar Conominium
Association, Inc.. (Attachments: # 1 Exhibit A)(Lambdin, Keith) (Entered:
08/30/2010)
08/30/2010 197 Proposed Jury Instructions by Mt. Hawley Insurance Company. (Coultoff,
Daniel) (Entered: 08/30/2010)
08/30/2010 198 PRETRIAL STIPULATION by Mt. Hawley Insurance Company (Attachments:
# 1 Exhibit A - Trial Exhibit List, # 2 Exhibit B - Trial Witnesses
List)(Coultoff, Daniel) (Entered: 08/30/2010)
08/30/2010 199 Initial Disclosure(s) MT. HAWLEY'S RULE 26(a)(3) DISCLOSURES by Mt.
Hawley Insurance Company (Coultoff, Daniel) (Entered: 08/30/2010)
08/31/2010 200 RESPONSE/REPLY to 190 Response in Opposition to Motion, 180 Motion for
Summary JudgmentMotion for Partial Summary Judgment MEMORANDUM
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT by Mt. Hawley
Insurance Company. (Coultoff, Daniel) (Entered: 08/31/2010)
195 Pretrial Stipulation (Attachments: # 1 Designation Driscoll, # 2
Designation Wefer)(Lambdin, Keith) (Entered: 08/31/2010)
09/01/2010 202 RESPONSE in Opposition re 188 MOTION to Strike 180 Motion for
Summary JudgmentMotion for Partial Summary Judgment Affidavits Exibits
#'s 3, 4 & 5 MOTION to Strike 180 Motion for Summary JudgmentMotion for
Partial Summary Judgment Affidavits Exibits #'s 3, 4 & 5 TO PLAINTIFF'S
OBJECTION AND MOTION TO STRIKE (D.E. 188) THE AFFIDAVITS OF
BRIAN SIMS, AMY JOHNSON AND TIM MCKALE filed by Mt. Hawley
Insurance Company. (Attachments: # 1 Declaration of Brian E. Sims in
Support of Mt. Hawley's Opposition to Plaintiff's Objections to and Motion to
Strike Affidavits, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit B, # 5 Exhibit
C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, #
11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L)(Coultoff, Daniel)
(Entered: 09/01/2010)
27 of 36 11/30/10 11:15 AM
09/07/2010 203 Minute Entry for proceedings held before Judge Adalberto Jordan: Motion
Hearing held on 9/7/2010 re 181 Defendant's MOTION for Summary
JudgmentDefendant's MOTION for Partial Summary Judgment filed by
Westchester Surplus Lines Insurance Company, 180 Motion for Summary
JudgmentMotion for Partial Summary Judgment filed by Mt. Hawley Insurance
Company. Order to follow. Court Reporter: Francine Salopek, 305-523-5568 /
Francine_Salopek@flsd.uscourts.gov (mc1) (Entered: 09/07/2010)
09/07/2010 204 NOTICE of Settlement with Westchester Insurance Co ONLY by EL-AD
Residences at Miramar Conominium Association, Inc. (Lambdin, Keith)
(Entered: 09/07/2010)
09/09/2010 205 ORDER re 204 Notice of Settlement with Westchester Insurance Company
only filed by EL-AD Residences at Miramar Conominium Association, Inc..
Parties to file Notice of Voluntary Dismissal as to Westchester by 9/28/2010.
Signed by Judge Adalberto Jordan on 9/9/2010. (ls) (Entered: 09/09/2010)
09/14/2010 206 Defendant's MOTION in Limine No. 1 to Exclude Plaintiff's Expert, Robert
LeBleu by Mt. Hawley Insurance Company. (Attachments: # 1 Exhibit A - Part
1, # 2 Exhibit A - Part 2, # 3 Exhibit A - Part 3, # 4 Exhibit A - Part 4, # 5
Exhibit A - Part 5, # 6 Exhibit B - Part 1, # 7 Exhibit B - Part 2, # 8 Exhibit B -
Part 3)(Coultoff, Daniel). Added MOTION for Hearing/Convene Evidentiary
Hearing on 9/16/2010 (ls). Modified on 9/16/2010 (ls). (Entered: 09/14/2010)
09/14/2010 207 Defendant's MOTION in Limine NO. 2 TO PROHIBIT PLAINTIFF FROM
CALLING WITNESSES AT TRIAL WHOM PLAINTIFF DID NOT DISCLOSE
DURING DISCOVERY by Mt. Hawley Insurance Company. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Coultoff, Daniel) (Entered:
09/14/2010)
09/14/2010 208 Defendant's MOTION in Limine NO. 4 TO EXCLUDE LAY WITNESS
OPINION TESTIMONY MEMORANDUM OF LAW; CERTIFICATION by Mt.
Hawley Insurance Company. (Coultoff, Daniel) (Entered: 09/14/2010)
09/14/2010 209 Defendant's MOTION in Limine No. 5 to Exclude Plaintiff's Expert, Andrew
Fuxa, Jr. by Mt. Hawley Insurance Company. (Attachments: # 1 Exhibit A, # 2
Exhibit B)(Coultoff, Daniel). Added MOTION for Hearing/Convene
Evidentiary Hearing on 9/16/2010 (ls). Modified on 9/16/2010 (ls). (Entered:
09/14/2010)
09/14/2010 210 Defendant's MOTION in Limine No. 3 to Exclude Evidence not Produced in
Discovery; Memorandum of Law; Certification by Mt. Hawley Insurance
Company. (Coultoff, Daniel) Modified on 9/16/2010 (ls). (Entered:
09/14/2010)
09/14/2010 211 Defendant's MOTION in Limine NO. 6 TO EXCLUDE REFERENCES TO MT.
HAWLEY'S SIZE OR FINANCES; MEMORANDUM OF LAW;
CERTIFICATION by Mt. Hawley Insurance Company. (Coultoff, Daniel)
28 of 36 11/30/10 11:15 AM
(Entered: 09/14/2010)
09/14/2010 212 Defendant's MOTION in Limine NO. 8 TO PROHIBIT PLAINTIFF FROM
INTRODUCING AT TRIAL ANY EXHIBIT CONTAINED ON PLAINTIFF'S
TRIAL EXHIBIT LIST by Mt. Hawley Insurance Company. (Coultoff, Daniel)
(Entered: 09/14/2010)
09/14/2010 213 Defendant's MOTION in Limine NO. 9 TO EXCLUDE EVIDENCE OF
SETTLEMENT BY OR JUDGMENT AGAINST EXCESS CARRIERS;
MEMORANDUM OF LAW; CERTIFICATION by Mt. Hawley Insurance
Company. (Coultoff, Daniel) (Entered: 09/14/2010)
09/14/2010 214 Defendant's MOTION in Limine NO. 7 TO EXCLUDE PLAINTIFF'S
EXPERT, ALBERTO CARDONA, OR, IN THE ALTERNATIVE, TO CONVENE
EVIDENTIARY HEARING; MEMORANDUM OF LAW; CERTIFICATE by Mt.
Hawley Insurance Company. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit
A - Part 2, # 3 Exhibit A - Part 3, # 4 Exhibit A - Part 4, # 5 Exhibit A - Part 5,
# 6 Exhibit A - Part 6)(Coultoff, Daniel) (Entered: 09/14/2010)
09/14/2010 215 Defendant's MOTION in Limine NO. 10 TO EXCLUDE REFERENCES TO
THE GENERAL COSTLINESS OF HURRICANE WILMA AND TO
PRECLUDE TESTIMONY OF DR. LEE BRANSCOME REGARDING
CAUSATION; MEMORANDUM OF LAW; CERTIFICATION by Mt. Hawley
Insurance Company. (Attachments: # 1 Exhibit A)(Coultoff, Daniel) (Entered:
09/14/2010)
09/14/2010 216 Defendant's MOTION in Limine NO. 11 TO EXCLUDE EVIDENCE OF "BAD
FAITH"; MEMORANDUM OF LAW; CERTIFICATION by Mt. Hawley
Insurance Company. (Coultoff, Daniel) (Entered: 09/14/2010)
09/16/2010 217 Clerks Notice to Filer re 206 Defendant's MOTION in Limine NO. 1 TO
EXCLUDE PLAINTIFF'S EXPERT, ROBERT LEBLEU, OR IN THE
ALTERNATIVE, TO CONVENE EVIDENTIARY HEARING. Motion with
Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one
relief event and failed to select the additional corresponding events for each
relief requested in the motion. The docket entry was corrected by the Clerk. It
is not necessary to refile this document but future filings must comply with the
instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 09/16/2010)
09/16/2010 218 Clerks Notice to Filer re 209 Defendant's MOTION in Limine NO. 5 TO
EXCLUDE PLAINTIFF'S EXPERT, ANDREW FUXA, JR., OR IN THE
ALTERNATIVE, TO CONVENE EVIDENTIARY HEARING. Motion with
instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 09/16/2010)
29 of 36 11/30/10 11:15 AM
09/16/2010 219 MOTION in Limine to Preclude Testimony of Jack Brown by EL-AD

Residences at Miramar Conominium Association, Inc.. (Attachments: # 1
Exhibit A)(Lambdin, Keith) (Entered: 09/16/2010)
09/21/2010 220 Minute Entry for proceedings held before Judge Adalberto Jordan: Calendar
Call held on 9/21/2010. Order on summary judgment to follow. Case set on the
two week trial calendar of 10/12/10, calendar call on 10/5/10 at 9:00 a.m.
Court Reporter: Francine Salopek, 305-523-5568 /
Francine_Salopek@flsd.uscourts.gov (mc1) (Entered: 09/21/2010)
09/22/2010 221 NOTICE of Attorney Appearance by Scott Michael Janowitz on behalf of Mt.
Hawley Insurance Company (Janowitz, Scott) (Entered: 09/22/2010)
09/22/2010 222 STIPULATION of Dismissal as to Westchester only by EL-AD Residences at
Miramar Conominium Association, Inc. (Attachments: # 1 Exhibit
A)(Lambdin, Keith) (Entered: 09/22/2010)
09/22/2010 223 RESPONSE in Opposition re 219 MOTION in Limine to Preclude Testimony
of Jack Brown or in the alternative to Convene an Evidentiary Hearing filed by
Mt. Hawley Insurance Company. (Attachments: # 1 Exhibit A)(Janowitz,
09/23/2010 224 MOTION in Limine to Prevent Daniel S. Rosenbaum from Being Called as a
Witness by EL-AD Residences at Miramar Conominium Association, Inc..
(Sierra-De Varona, Alexandra) (Entered: 09/23/2010)
09/24/2010 225 RESPONSE in Opposition re 213 Defendant's MOTION in Limine NO. 9 TO
EXCLUDE EVIDENCE OF SETTLEMENT BY OR JUDGMENT AGAINST
EXCESS CARRIERS; MEMORANDUM OF LAW; CERTIFICATION filed by
EL-AD Residences at Miramar Conominium Association, Inc.. (Attachments:
# 1 Exhibit)(Rubinstein, Craig) (Entered: 09/24/2010)
09/24/2010 226 ORDER Dismissing Case with prejudice against Westchester re 222 Joint
Stipulation of Dismissal filed by EL-AD Residences at Miramar Conominium
Association, Inc., Westchester Surplus Lines Insurance Company terminated..
Signed by Judge Adalberto Jordan on 9/24/2010. (ls) (Entered: 09/24/2010)
09/24/2010 227 MOTION in Limine to Prevent Mt. Hawley's Counsel from Being Called As
Witnesses by EL-AD Residences at Miramar Conominium Association, Inc..
(Sierra-De Varona, Alexandra) (Entered: 09/24/2010)
09/24/2010 228 MOTION in Limine to Preclude Testimony of Robert Gibson, Thaddeus Lott &
Michael Smith by EL-AD Residences at Miramar Conominium Association,
Inc.. (Lambdin, Keith) Modified on 9/28/2010 (ls). (Entered: 09/24/2010)
EXCLUDE REFERENCES TO MT. HAWLEY'S SIZE OR FINANCES;
MEMORANDUM OF LAW; CERTIFICATION filed by EL-AD Residences at
Miramar Conominium Association, Inc.. (Lambdin, Keith) (Entered:
30 of 36 11/30/10 11:15 AM
09/24/2010)
09/24/2010 230 REPORT REGARDING Special Master's Order on Motions to Compel by
Lazaro Fernandez, Jr (Fernandez, Lazaro) (Entered: 09/24/2010)
EXCLUDE LAY WITNESS OPINION TESTIMONY MEMORANDUM OF
LAW; CERTIFICATION filed by EL-AD Residences at Miramar Conominium
Association, Inc.. (Attachments: # 1 Exhibit)(Rubinstein, Craig) (Entered:
09/27/2010)
09/27/2010 232 REPLY to Response to Motion re 219 MOTION in Limine to Preclude
Testimony of Jack Brown filed by EL-AD Residences at Miramar Conominium
09/27/2010 233 MOTION in Limine to Exclude Testimony of Jonathan Milton by EL-AD
Residences at Miramar Conominium Association, Inc.. (Lambdin, Keith)
(Entered: 09/27/2010)
09/28/2010 234 ORDER granting in part and denying in part 180 Motion for Summary
Judgment. Signed by Judge Adalberto Jordan on 9/28/2010. (lbc) (Entered:
09/28/2010)
09/30/2010 235 ORDER. Signed by Judge Adalberto Jordan on 9/30/2010. (lbc) (Entered:
09/30/2010)
09/30/2010 236 NOTICE by Mt. Hawley Insurance Company re 201 Notice (Other) Objections
to Deposition Designations of Jeffrey Wefer (Janowitz, Scott) (Entered:
09/30/2010)
09/30/2010 237 NOTICE by Mt. Hawley Insurance Company re 201 Notice (Other) Objections
to Deposition Designations of Donald Driscoll (Janowitz, Scott) (Entered:
09/30/2010)
PROHIBIT PLAINTIFF FROM INTRODUCING AT TRIAL ANY EXHIBIT
CONTAINED ON PLAINTIFF'S TRIAL EXHIBIT LIST filed by EL-AD
Exhibit A)(Lambdin, Keith) (Entered: 09/30/2010)
10/01/2010 239 RESPONSE in Opposition re 210 Defendant's MOTION in Limine No. 3 to
Exclude Evidence not Produced in Discovery filed by EL-AD Residences at
Miramar Conominium Association, Inc.. (Attachments: # 1 Exhibit)
(Rubinstein, Craig) (Entered: 10/01/2010)
Exclude Plaintiff's Expert, Andrew Fuxa, Jr. MOTION for Hearing/Convene
Evidentiary Hearing filed by EL-AD Residences at Miramar Conominium
Association, Inc.. (Attachments: # 1 Exhibit)(Rubinstein, Craig) (Entered:
10/01/2010)
31 of 36 11/30/10 11:15 AM

Exclude Plaintiff's Expert, Robert LeBleu MOTION for Hearing/Convene
Evidentiary Hearing filed by EL-AD Residences at Miramar Conominium
Association, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4
Exhibit, # 5 Exhibit, # 6 Exhibit)(Rubinstein, Craig) (Entered: 10/01/2010)
PROHIBIT PLAINTIFF FROM CALLING WITNESSES AT TRIAL WHOM
PLAINTIFF DID NOT DISCLOSE DURING DISCOVERY filed by EL-AD
Exhibit A, # 2 Exhibit B)(Lambdin, Keith) (Entered: 10/01/2010)
EXCLUDE PLAINTIFF'S EXPERT, ALBERTO CARDONA, OR, IN THE
ALTERNATIVE, TO CONVENE EVIDENTIARY HEARING; MEMORANDUM
OF LAW; CERTIFICATE filed by EL-AD Residences at Miramar Conominium
Association, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Affidavit
Cardona)(Lambdin, Keith) (Entered: 10/01/2010)
EXCLUDE REFERENCES TO THE GENERAL COSTLINESS OF
HURRICANE WILMA AND TO PRECLUDE TESTIMONY OF DR. LEE
BRANSCOME REGARDING CAUSATION; MEMORANDUM OF LAW;
CERTIFICATION filed by EL-AD Residences at Miramar Conominium
EXCLUDE EVIDENCE OF "BAD FAITH"; MEMORANDUM OF LAW;
CERTIFICATION filed by EL-AD Residences at Miramar Conominium
10/06/2010 246 Joint MOTION for Reconsideration re 230 Report Regarding Special Master's
Order on Motions to Compel by EL-AD Residences at Miramar Conominium
Association, Inc., Alan B. Garfinkel. (Attachments: # 1 Exhibit, # 2 Exhibit, #
3 Exhibit)(Rubinstein, Craig). Added MOTION for Re-Hearing, MOTION for
clarification on 10/7/2010 (asl). (Entered: 10/06/2010)
10/06/2010 247 Joint MOTION for Extension of Time to File Objections/Exceptions to, and
Appeal of, Special Master's Order on Motions to Compel by EL-AD
Residences at Miramar Conominium Association, Inc., Alan B. Garfinkel.
(Rubinstein, Craig) (Entered: 10/06/2010)
10/07/2010 248 Clerks Notice to Filer re 246 Joint MOTION for Reconsideration re 230 Report
Regarding Special Master's Order on Motions to Compel. Motion with
32 of 36 11/30/10 11:15 AM
instructions in the CM/ECF Attorney User's Manual. (asl) (Entered:

10/07/2010)
10/07/2010 249 MOTION to Adopt/Join 230 Report Regarding El-Ad Enclave at Miramar
Condominium Association, Inc.'s Motion to Adopt Special Master's Order on
Motions to Compel by Daniel S. Rosenbaum. (Rosenbaum, Daniel) (Entered:
10/07/2010)
10/14/2010 250 Joint MOTION for Extension of Time to File Response/Reply as to 249
MOTION to Adopt/Join 230 Report Regarding El-Ad Enclave at Miramar
Condominium Association, Inc.'s Motion to Adopt Special Master's Order on
Motions to Compel by EL-AD Residences at Miramar Conominium
Association, Inc., Alan B. Garfinkel. (Sierra-De Varona, Alexandra) (Entered:
10/14/2010)
10/18/2010 251 RESPONSE in Opposition to 250 Joint MOTION for Extension of Time to
Respond to 249 MOTION to Adopt/Join 230 Report Regarding El-Ad Enclave
at Miramar Condominium Association, Inc.'s Motion to Adopt Special Master's
Order on Motions to Compel and Incorporated Memorandum of Law filed by
Daniel S. Rosenbaum. (Attachments: # 1 Exhibit A)(Rosenbaum, Daniel)
Modified text on 10/19/2010 (asl). (Entered: 10/18/2010)
10/18/2010 252 REPLY to Response to 250 Joint MOTION for Extension of Time to Respond
to 249 MOTION to Adopt/Join 230 Report Regarding El-Ad Enclave at
Miramar Condominium Association, Inc.'s Motion to Adopt Special Master's
Order on Motions to Compel filed by EL-AD Residences at Miramar
Conominium Association, Inc., Alan B. Garfinkel. (Sierra-De Varona,
Alexandra) Modified text on 10/19/2010 (asl). (Entered: 10/18/2010)
10/18/2010 253 Plaintiff's MOTION for Reconsideration re 234 Order on Motion for Summary
Judgment by EL-AD Residences at Miramar Conominium Association, Inc..
(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, #
6 Exhibit, # 7 Exhibit)(Rubinstein, Craig). Added MOTION for Hearing on
10/19/2010 (asl). (Entered: 10/18/2010)
10/19/2010 254 ORDER; ( Calendar Call set for 11/16/2010 09:00 AM before Judge Adalberto
Jordan., Jury Trial set for 11/22/2010 before Judge Adalberto Jordan). Signed
by Judge Adalberto Jordan on 10/19/2010. (asl) (Entered: 10/19/2010)
10/19/2010 255 Clerks Notice to Filer re 253 Plaintiff's MOTION for Reconsideration re 234
Order on Motion for Summary. Motion with Multiple Reliefs Filed as One
Relief; ERROR - The Filer selected only one relief event and failed to select
the additional corresponding events for each relief requested in the motion. The
docket entry was corrected by the Clerk. It is not necessary to refile this
document but future filings must comply with the instructions in the CM/ECF
Attorney User's Manual. (asl) (Entered: 10/19/2010)
33 of 36 11/30/10 11:15 AM
10/21/2010 256 NOTICE by Mt. Hawley Insurance Company re 249 MOTION to Adopt/Join
230 Report Regarding El-Ad Enclave at Miramar Condominium Association,
Inc.'s Motion to Adopt Special Master's Order on Motions to Compel
10/21/2010 257 NOTICE by Mt. Hawley Insurance Company re 251 Response in Opposition to
Motion, Joining El-Ad Enclave's Opposition to Joint Motion for Enlargement
of Time to Respond to Motion to Adopt (Janowitz, Scott) (Entered: 10/21/2010)
10/21/2010 258 Opposition to 246 Joint MOTION for Rehearing, Reconsideration and/or
Clarification of 230 Report Regarding Special Master's Order on Motions to
Compel filed by Mt. Hawley Insurance Company. (Janowitz, Scott) Modified
text on 10/22/2010 (asl). (Entered: 10/21/2010)
11/01/2010 259 REPLY to Opposition to 246 Joint MOTION for Reconsideration re 230
Report Regarding Special Master's Order on Motions to Compel MOTION for
Re-Hearing, MOTION for clarification filed by EL-AD Residences at Miramar
Conominium Association, Inc., Alan B. Garfinkel. (Sierra-De Varona,
Alexandra) Modified text on 11/2/2010 (asl). (Entered: 11/01/2010)
11/01/2010 260 RESPONSE in Opposition re 253 Plaintiff's MOTION for Reconsideration re
234 Order on Motion for Summary Judgment MOTION for Re-Hearing filed
by Mt. Hawley Insurance Company. (Janowitz, Scott) Modified text on
11/2/2010 (asl). (Entered: 11/01/2010)
11/02/2010 261 RESPONSE in Opposition re 233 MOTION in Limine to Exclude Testimony of
Jonathan Milton Or in the Alternative Counter Motion To Convene Evidentiary
Hearing filed by Mt. Hawley Insurance Company. (Janowitz, Scott) Modified
to add 262 Motion for Evidentiary Hearing on 11/3/2010 (asl). (Entered:
11/02/2010)
11/02/2010 262 Alternative Counter MOTION to Convene Evidentiary Hearing re 233
MOTION in Limine to Exclude Testimony of Jonathan Milton by Mt. Hawley
Insurance Company. See 261 for image. (asl) (Entered: 11/03/2010)
11/03/2010 263 Clerks Notice to Filer re 261 Response in Opposition to Motion, 262 MOTION
for Hearing re 233 MOTION in Limine to Exclude Testimony of Jonathan
Milton,. Two or More Document Events Filed as One; ERROR - Only one
event was selected by the Filer but more than one event was applicable to the
document filed. The docket entry was corrected by the Clerk. It is not
necessary to refile this document but in the future, the Filer must select all
applicable events. (asl) (Entered: 11/03/2010)
11/04/2010 264 ORDER Granting 247 Motion for Extension of Time to File
objections/Exceptions to, and Appeal of, Special Master's Order on Motions to
Compel. Signed by Judge Adalberto Jordan on 11/4/2010. (rgs) (Entered:
11/04/2010)
34 of 36 11/30/10 11:15 AM
11/04/2010 265 REPLY to Opposition to 253 Plaintiff's MOTION for Reconsideration re 234
Order on Motion for Summary Judgment MOTION for Hearing filed by
EL-AD Residences at Miramar Conominium Association, Inc.(Rubinstein,
Craig) Modified text on 11/5/2010 (asl). (Entered: 11/04/2010)
11/04/2010 266 REPLY to Response to 233 MOTION in Limine to Exclude Testimony of
Jonathan Milton and Response to Motion re 262 Counter MOTION Convene
an Evidentiary Hearing filed by EL-AD Residences at Miramar Conominium
Association, Inc. (Lambdin, Keith) Modified on 11/5/2010 (asl). (Entered:
11/04/2010)
11/11/2010 267 RESPONSE in Opposition re 227 MOTION in Limine to Prevent Mt. Hawley's
Counsel from Being Called As Witnesses filed by Mt. Hawley Insurance
Company. (Janowitz, Scott) (Entered: 11/11/2010)
11/11/2010 268 REPLY to Response to Motion re 211 Defendant's MOTION in Limine NO. 6
TO EXCLUDE REFERENCES TO MT. HAWLEY'S SIZE OR FINANCES;
MEMORANDUM OF LAW; CERTIFICATION filed by Mt. Hawley Insurance
Company. (Attachments: # 1 Exhibit A)(Janowitz, Scott) (Entered: 11/11/2010)
TO PROHIBIT PLAINTIFF FROM CALLING WITNESSES AT TRIAL WHOM
PLAINTIFF DID NOT DISCLOSE DURING DISCOVERY filed by Mt.
Hawley Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Janowitz, Scott) (Entered: 11/11/2010)
11/12/2010 270 REPLY to Response to Motion re 206 Defendant's MOTION in Limine No. 1
to Exclude Plaintiff's Expert, Robert LeBleu MOTION for Hearing/Convene
Evidentiary Hearing filed by Mt. Hawley Insurance Company. (Attachments: #
1 Exhibit A, # 2 Exhibit B)(Janowitz, Scott) (Entered: 11/12/2010)
11/12/2010 271 REPLY to Response to Motion re 209 Defendant's MOTION in Limine No. 5
to Exclude Plaintiff's Expert, Andrew Fuxa, Jr. MOTION for Hearing/Convene
Evidentiary Hearing filed by Mt. Hawley Insurance Company. (Attachments: #
1 Exhibit A)(Janowitz, Scott) (Entered: 11/12/2010)
TO EXCLUDE REFERENCES TO THE GENERAL COSTLINESS OF
HURRICANE WILMA AND TO PRECLUDE TESTIMONY OF DR. LEE
BRANSCOME REGARDING CAUSATION; MEMORANDUM OF LAW;
CERTIFICATION filed by Mt. Hawley Insurance Company. (Attachments: # 1
Exhibit A)(Janowitz, Scott) (Entered: 11/12/2010)
TO EXCLUDE EVIDENCE OF SETTLEMENT BY OR JUDGMENT AGAINST
EXCESS CARRIERS; MEMORANDUM OF LAW; CERTIFICATION filed by
Mt. Hawley Insurance Company. (Attachments: # 1 Exhibit A)(Janowitz,
35 of 36 11/30/10 11:15 AM
TO EXCLUDE EVIDENCE OF "BAD FAITH"; MEMORANDUM OF LAW;
CERTIFICATION filed by Mt. Hawley Insurance Company. (Attachments: # 1
Exhibit A)(Janowitz, Scott) (Entered: 11/15/2010)
11/18/2010 275 REPORT REGARDING Special Master's Order on Joint Motion for
Rehearing, Reconsideration, and/or Clarification by Lazaro Fernandez, Jr
(Fernandez, Lazaro) (Entered: 11/18/2010)
11/22/2010 276 NOTICE by Mt. Hawley Insurance Company OF WITHDRAWAL AS
COUNSEL (Coultoff, Daniel) (Entered: 11/22/2010)
11/22/2010 277 REPLY to Opposition to 227 MOTION in Limine to Prevent Mt. Hawley's
Counsel from Being Called As Witnesses filed by EL-AD Residences at
Miramar Conominium Association, Inc.. (Sierra-De Varona, Alexandra)
Modified text on 11/23/2010 (asl). (Entered: 11/22/2010)
11/22/2010 Attorney Daniel Howard Coultoff terminated per 276 Notice of Withdrawal as
Counsel. (asl) (Entered: 11/23/2010)
277 Reply to Opposition to Motion in Limine to Prevent Mt. Hawley's Counsel
from Serving as Witnesses of Filing Exhibit "A" (Attachments: # 1 Exhibit)
(Sierra-De Varona, Alexandra) Modified text on 11/29/2010 (asl). (Entered:
11/23/2010)
11/29/2010 279 Plaintiff's MOTION to Strike Late-Filed Replies and Response Filed by
Defendant, Mt. Hawley Insurance Co. by EL-AD Residences at Miramar
Conominium Association, Inc.. Responses due by 12/16/2010 (Rubinstein,
Craig) (Entered: 11/29/2010)
PACER Service Center

Transaction Receipt
11/30/2010 14:12:15
PACER Login: nh0877 Client Code: NKH
Description: Docket Report Search Criteria: 0:09-cv-60723-AJ
Billable Pages: 23 Cost: 1.84
36 of 36 11/30/10 11:15 AM

EL-AD RESIDENCES AT MIRAMAR CONDOMINIUM ASSOCIATION, INC. V. MT. HAWLEY INSURANCE COMPANY Et Al Docket

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

EL-AD RESIDENCES AT MIRAMAR CONDOMINIUM ASSOCIATION, INC. V. MT. HAWLEY INSURANCE COMPANY Et Al Docket

Uploaded by

Copyright:

Available Formats

CM/ECF - Live Database - flsd https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?9234688827963...

CMM, REF_DISCOV, REF_PTRL, SM

U.S. District Court

EL-AD Residences at Miramar Conominium Association, Date Filed: 05/15/2009

11376 North Jog Road

John Marcus Siracusa

Keith Jeffrey Lambdin

Mark Gerard Keegan

Richard Chambers Valuntas

Alexandra Sierra-De Varona

Craig Alan Rubinstein

John David Mallah

Steven Mark Katzman

Yelizaveta Batres Herman

PRO HAC VICE

Daniel Howard Coultoff

Scott Michael Janowitz

Craig Alan Rubinstein

Date Filed # Docket Text

(ail) (Entered: 08/05/2009)

11/16/2009 43 Defendant's MOTION for Hearing re 42 Defendant's MOTION to Quash and

01/29/2010 63 MOTION for Extension of Time to File Response to Subpoena to Produce

Order)(Tookey, Thomas) (Entered: 02/11/2010)

CM/ECF Administrative Procedures (lk) (Entered: 03/30/2010)

Motion referred to Magistrate Judge Chris M. McAliley for appropriate

Association, Inc., Mt. Hawley Insurance Company, Westchester Surplus Lines

Company. Responses due by 7/6/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit

(Attachments: # 1 Exhibit A)(Janowitz, Scott) (Entered: 07/23/2010)

8/4/2010 (ls). (Entered: 08/02/2010)

08/25/2010 193 NOTICE by EL-AD Residences at Miramar Conominium Association, Inc. of

09/16/2010 219 MOTION in Limine to Preclude Testimony of Jack Brown by EL-AD

10/01/2010 241 RESPONSE in Opposition re 206 Defendant's MOTION in Limine No. 1 to

instructions in the CM/ECF Attorney User's Manual. (asl) (Entered:

PACER Service Center

You might also like