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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, Inc. v. Mt. Hawley Insurance Company et al Assigned to: Judge Adalberto Jordan Referred to: Magistrate Judge Chris M. McAliley 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 Date Filed: 05/15/2009 Jury Demand: Defendant Nature of Suit: 110 Insurance Jurisdiction: Diversity

Plaintiff EL-AD Residences at Miramar Conominium Association, Inc. a Florida not-for-profit corporation represented by Daniel S. Rosenbaum Rosenbaum Mollengarden Janssen & 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 ATTORNEY TO BE NOTICED JenniLynn E. Lawrence Schwed McGinley Kahle, LLC

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11376 North Jog Road Suite 101 Palm Beach Gardens, FL 33418 561-273-4757 Fax: 561-694-0057 Email: jlawrence@schwedmcginley.com TERMINATED: 03/02/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED John Marcus Siracusa Rosenbaum Mollengarden Janssen & Siracusa PLLC Suite 500 250 Australian Avenue. South One Clearlake Center West Palm Beach, FL 33401 561-653-2900 Fax: 561-820-2542 Email: jsiracusa@RMJSLaw.com TERMINATED: 04/16/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED 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 ATTORNEY TO BE NOTICED Mark Gerard Keegan Rosenbaum Mollengarden Janssen & Siracusa, PLLC 250 Australian Avenue South Suite 500 West Palm Beach, FL 33401 561-653-2900 Fax: 561-820-2542 Email: mkeegan@RMJSlaw.com TERMINATED: 04/16/2010

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LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Chambers Valuntas Rosenbaum Mollengarden Janssen & Siracusa, PLLC 250 Australian Ave. S., Suite 500 West Palm Beach, FL 33401 561-653-2900 Fax: 561-820-2542 Email: rvaluntas@rmjslaw.com TERMINATED: 04/16/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED 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 ATTORNEY TO BE NOTICED Craig Alan Rubinstein Katzman Wasserman & Bennardini 7900 Glades Road Suite 140 Boca Raton, FL 33434 561-477-7774 Fax: 477-7447 Email: car@kwblaw.com ATTORNEY TO BE NOTICED 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 ATTORNEY TO BE NOTICED

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Steven Mark Katzman Katzman Wasserman & Bennardini 7900 Glades Road Suite 140 Boca Raton, FL 33434 561-477-7774 Fax: 477-7447 Email: smk@kwblaw.com ATTORNEY TO BE NOTICED Yelizaveta Batres Herman Rosenbaum Mollengarden Janssen & Siracusa, PLLC 250 Australian Avenue South 5th Floor West Palm Beach, FL 33401 561-653-2900 Fax: 561-820-2542 Email: yherman@RMJSlaw.com TERMINATED: 04/16/2010 ATTORNEY TO BE NOTICED V. Defendant Mt. Hawley Insurance Company a foreign corporation represented by Thomas E. Tookey 103 11776 West Sample Road Coral Springs, FL 33065 954-344-4441 Fax: 954-344-4405 Email: Tom@tetookeylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED 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

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PRO HAC VICE ATTORNEY TO BE NOTICED 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 ATTORNEY TO BE NOTICED 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 TERMINATED: 11/22/2010 ATTORNEY TO BE NOTICED Michael D. Prough Morison Holden Derewetzky & Prough LLP 1550 Parkside Drive Third Floor Walnut Creek, CA 94596-8068 925-937-9990 Fax: 925-937-3272 Email: michael.prough@mhdplaw.com PRO HAC VICE ATTORNEY TO BE NOTICED 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

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ATTORNEY TO BE NOTICED William C. Morison Morison Holden Derewetzky & Prough LLP 1550 Parkside Drive Third Floor Walnut Creek, CA 94596-8068 925-937-9990 Fax: 925-937-3272 Email: wcm@mhdplaw.com PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Westchester Surplus Lines Insurance Company a foreign corporation TERMINATED: 09/24/2010 represented by Scott Michael Janowitz Berk Merchant & Sims PLC 2100 Ponce De Leon Boulevard Penthouse 1 Coral Gables, FL 33134 786-338-2900 Fax: 786-338-2888 Email: sjanowitz@berklawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED William S. Berk Berk Merchant & Sims PLC 2100 Ponce De Leon Boulevard Penthouse 1 Coral Gables, FL 33134 786-338-2900 Fax: 786-364-1814 Email: wberk@berklawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Melissa M. Sims Berk, Merchant & Sims, PLC 2100 Ponce de Leon Blvd. PH I Coral Gables, FL 33134 786-338-2878 Fax: 786-364-1817 Email: msims@berklawfirm.com

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ATTORNEY TO BE NOTICED Defendant Latite Roofing and Sheet Metal Company represented by Bradley Ryan Weiss 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 ATTORNEY TO BE NOTICED

Intervenor Alan B. Garfinkel represented by Alexandra Sierra-De Varona (See above for address) ATTORNEY TO BE NOTICED Craig Alan Rubinstein (See above for address) ATTORNEY TO BE NOTICED 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 ATTORNEY TO BE NOTICED 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 ATTORNEY TO BE NOTICED Intervenor Leigh C Katzman represented by Alexandra Sierra-De Varona (See above for address) ATTORNEY TO BE NOTICED

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Frederick S. Wermuth (See above for address) ATTORNEY TO BE NOTICED Mayanne Downs (See above for address) ATTORNEY TO BE NOTICED

Date Filed 05/15/2009

#

Docket Text

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) 2 Summons Issued as to Mt. Hawley Insurance Company, Westchester Surplus Lines Insurance Company. (vt) (Entered: 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) 4 NOTICE of Attorney Appearance by Thomas E. Tookey on behalf of Mt. Hawley Insurance Company (Tookey, Thomas) (Entered: 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) 6 NOTICE of Attorney Appearance by Scott Michael Janowitz on behalf of Westchester Surplus Lines Insurance Company (Janowitz, Scott) (Entered: 07/07/2009) 7 NOTICE of Change of Address by Scott Michael Janowitz (Janowitz, Scott) (Entered: 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) 9 NOTICE of Attorney Appearance by William S. Berk on behalf of Westchester Surplus Lines Insurance Company (Berk, William) (Entered: 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)

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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) 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) 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) 14 MOTION to Dismiss 1 Complaint by Mt. Hawley Insurance Company. Responses due by 8/13/2009 (Tookey, Thomas) (Entered: 07/27/2009) 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) 16 MOTION for Limited Appearance, Consent to Designation and Request to 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) 17 MOTION for Limited Appearance, Consent to Designation and Request to 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) 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) 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) 20 ORDER denying 16 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Attorney Brian E. Sims. Signed by Judge Adalberto Jordan on 8/5/2009. (ail) (Entered: 08/05/2009) 21 ORDER denying 15 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings of Attorney William C. Morison. Signed by Judge Adalberto Jordan on 8/5/2009.

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(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) 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) 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) 25 RESPONSE/REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS by Mt. Hawley Insurance Company. (Coultoff, Daniel) (Entered: 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) 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) 28 Motion for Renewal / Reconsideration of MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for William C. Morison. Filing Fee $75. Receipt # 1005649. (cw) (Entered: 09/08/2009) 29 Motion for Renewal / Reconsideration of MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Brian E. Sims. Filing Fee $75. Receipt # 1005651. (cw) (Entered: 09/08/2009) 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) 31 ORDER granting 28 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) 32 ORDER granting 29 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)

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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) 34 ANSWER and Affirmative Defenses to Complaint by Mt. Hawley Insurance Company.(Tookey, Thomas) (Entered: 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) 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) 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) 38 Discovery Procedure For Magistrate Judge Chris M. McAliley. Signed by Judge Adalberto Jordan on 11/4/2009. (cqs) (Entered: 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) 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) 41 DISCOVERY PROCEDURE For Magistrate Judge Chris M. McAliley. Signed by Judge Adalberto Jordan on 11/4/2009. (ail) (Entered: 11/05/2009) 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)

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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) 44 Initial Disclosure(s) by Westchester Surplus Lines Insurance Company. (Janowitz, Scott) (Entered: 11/16/2009) 45 CERTIFICATE of Interested Party by Westchester Surplus Lines Insurance Company. (Janowitz, Scott) (Entered: 11/16/2009) 46 MOTION for Protective Order by Mt. Hawley Insurance Company, See image DE 42 (lk) (Entered: 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) 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) 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) 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) 51 Request for Clerk to Appoint Mediator(Lawrence, JenniLynn) (Entered: 12/03/2009) 52 Clerk's Appointment of Mediator: John S. Freud added (pj) (Entered: 12/03/2009) 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) 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)

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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) 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) 57 NOTICE by Westchester Surplus Lines Insurance Company NOTICE OF SERVING SUBPOENAS DUCES TECUM WITHOUT DEPOSITION (Berk, William) (Entered: 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) 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) 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) 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) 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)

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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) 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) 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) 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) 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) 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) 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) 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) 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) 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

01/29/2010

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Order)(Tookey, Thomas) (Entered: 02/11/2010) 02/12/2010 02/26/2010 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) 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) 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) 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) 77 FINAL REPORT of Mediation Disposition: Impasse(Riemer, Laurie) (Entered: 03/11/2010) 78 NOTICE by Westchester Surplus Lines Insurance Company JOINT NOTICE OF WITHDRAWAL OF EXPERT WITNESS (Janowitz, Scott) (Entered: 03/18/2010) 79 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Cortland Putbrese. Filing Fee $75.00. Receipt # 1019487 (ra) (Entered: 03/25/2010) 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) 81 NOTICE by Westchester Surplus Lines Insurance Company re 80 MOTION Appoint Special Master for Alan Garfinkel's Deposition Proposed Order (Janowitz, Scott) (Entered: 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) 83 ORDER granting 79 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Adalberto Jordan on 3/29/2010. (lbc) (Entered: 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

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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) 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) 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) 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) 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) 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) 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) 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) 93 MOTION to Quash Subpoena Duces Tecum With Deposition by Latite Roofing and Sheet Metal Company. (Weiss, Bradley) (Entered: 04/01/2010) 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) 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)

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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) 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) 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) 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) 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) 101 Unopposed MOTION LEAVE OF COURT TO DEPOSE MS. DIETZ by Westchester Surplus Lines Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certification Cert of Service and LR Compliance)(Janowitz, Scott) (Entered: 04/05/2010) 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) 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) 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...

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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) 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) 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) 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) 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) 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) 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) 112 Minute Entry for proceedings held before Magistrate Judge Chris M. 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)

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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) 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) 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) 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) 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) 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) 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) 120 ORDER granting 82 Motion to Quash. Signed by Magistrate Judge Chris M. McAliley on 4/27/2010. (tmi) (Entered: 04/27/2010) 121 Joint MOTION Request for Judicial Inquiry As Ordered by the Court by Westchester Surplus Lines Insurance Company. (Janowitz, Scott) (Entered:

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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) 123 NOTICE by EL-AD Residences at Miramar Conominium Association, Inc. 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 (Attachments: # 1 Affidavit of Tucker H. Byrd)(Lambdin, Keith) (Entered: 05/03/2010) 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) 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) 126 ORDER denying 58 Motion for Partial Summary Judgment. Signed by Judge Adalberto Jordan on 5/11/2010. (tb) (Entered: 05/11/2010) 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) 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) 129 MEMORANDUM 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 by Mt. Hawley Insurance Company. (Attachments: # 1 Exhibit Transcript of Status Conference Hearing)(Tookey, Thomas) (Entered: 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)

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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) 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) 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 Westchester Surplus Lines Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Janowitz, Scott) (Entered: 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) 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) 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) 138 ORDER denying w/o prejudice 135 Motion for Appearance Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of 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) 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) 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) 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)

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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) Attorney Frederick S. Wermuth representing Garfinkel, Alan B. (Intervenor) Activated. (yc) (Entered: 05/28/2010) 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) Attorney Mayanne Downs representing Garfinkel, Alan B. (Intervenor) Activated. (yc) (Entered: 05/28/2010) 143 REPLY to Response to Motion 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 EL-AD Residences at Miramar Conominium Association, Inc.. (Lambdin, Keith) (Entered: 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) 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) 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) 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. McAliley on 6/2/2010. (tmi) (Entered: 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) 149 Agreed MOTION for Extension of Time to File Pre-Trial Motions other than Motions in Limine by EL-AD Residences at Miramar Conominium

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CM/ECF - Live Database - flsd

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?9234688827963...

Association, Inc., Mt. Hawley Insurance Company, Westchester Surplus Lines Insurance Company. (Lambdin, Keith) (Entered: 06/02/2010) 06/04/2010 06/07/2010 06/08/2010 06/09/2010 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) 151 MOTION to Intervene and Incorporated Memorandum of Law by Daniel S. Rosenbaum. (Rosenbaum, Daniel) (Entered: 06/07/2010) 152 ORDER granting 151 Motion to Intervene. Signed by Magistrate Judge Chris M. McAliley on 6/8/2010. (tmi) (Entered: 06/08/2010) 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) 154 Minute Entry for proceedings held before Magistrate Judge Chris M. McAliley: Status Conference held on 6/10/2010. (Digital 09:58:26.) (Tape #10H-44-630, 45-1.) (sl) (Entered: 06/10/2010) 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) 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) 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) 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) 158 Defendant's MOTION to Compel Alan Garfinkel's further Deposition and Production of Documents; Memorandum in Support by Mt. Hawley Insurance

06/10/2010

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CM/ECF - Live Database - flsd

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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 06/22/2010 160 Sealed Document (ra) (Entered: 06/21/2010) 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) 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) 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) 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) 165 Sealed Document (jc) (Entered: 06/29/2010) 166 Sealed Document (nc) (Entered: 07/01/2010) 167 Sealed Document (nc) (Entered: 07/01/2010) 168 Sealed Document (nc) (Entered: 07/02/2010) 169 Sealed Document (nc) (Entered: 07/09/2010) 170 Sealed Document (nc) (Entered: 07/09/2010) 171 Defendant's MOTION for Extension of Time to File Dispositive Pretrial Motions by Mt. Hawley Insurance Company. (Tookey, Thomas) (Entered: 07/22/2010) 172 NOTICE by Westchester Surplus Lines Insurance Company Of Objections to Plaintiff's Deposition Duces Tecum of Westchester's 30b6 Claims Rep

06/23/2010

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CM/ECF - Live Database - flsd

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?9234688827963...

(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) 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) 175 NOTICE by Westchester Surplus Lines Insurance Company of Filing Offer of Judgment (Janowitz, Scott) (Entered: 07/23/2010) 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) 177 ORDER appointing to Special Master. Lazaro Fernandez, Jr appointed. Signed by Judge Adalberto Jordan on 7/29/10. (ch1) (Entered: 07/29/2010) 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) 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) 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) 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

07/23/2010

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CM/ECF - Live Database - flsd

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8/4/2010 (ls). (Entered: 08/02/2010) 08/05/2010 08/06/2010 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) 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) 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) 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) 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) 187 ORDER granting 186 Motion Access to courthouse. Signed by Magistrate Judge Chris M. McAliley on 8/11/2010. (tmi) (Entered: 08/11/2010) 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) 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, Keith) (Entered: 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) 191 NOTICE by EL-AD Residences at Miramar Conominium Association, Inc. re 190 Response in Opposition to Motion (Attachments: # 1 Deposition Wefer) (Lambdin, Keith) (Entered: 08/25/2010) 192 NOTICE by EL-AD Residences at Miramar Conominium Association, Inc. re 190 Response in Opposition to Motion Notice of Filing (Attachments: # 1 Deposition Driscoll)(Lambdin, Keith) (Entered: 08/25/2010)

08/09/2010

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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) 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) 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) 196 MOTION in Limine by EL-AD Residences at Miramar Conominium Association, Inc.. (Attachments: # 1 Exhibit A)(Lambdin, Keith) (Entered: 08/30/2010) 197 Proposed Jury Instructions by Mt. Hawley Insurance Company. (Coultoff, Daniel) (Entered: 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) 199 Initial Disclosure(s) MT. HAWLEY'S RULE 26(a)(3) DISCLOSURES by Mt. Hawley Insurance Company (Coultoff, Daniel) (Entered: 08/30/2010) 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) 201 NOTICE by EL-AD Residences at Miramar Conominium Association, Inc. re 195 Pretrial Stipulation (Attachments: # 1 Designation Driscoll, # 2 Designation Wefer)(Lambdin, Keith) (Entered: 08/31/2010) 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)

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CM/ECF - Live Database - flsd

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?9234688827963...

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) 204 NOTICE of Settlement with Westchester Insurance Co ONLY by EL-AD Residences at Miramar Conominium Association, Inc. (Lambdin, Keith) (Entered: 09/07/2010) 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) 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) 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) 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) 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) 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) 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)

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CM/ECF - Live Database - flsd

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?9234688827963...

(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) 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) 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) 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) 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) 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) 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 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)

09/14/2010

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09/16/2010

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CM/ECF - Live Database - flsd

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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) 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) 221 NOTICE of Attorney Appearance by Scott Michael Janowitz on behalf of Mt. Hawley Insurance Company (Janowitz, Scott) (Entered: 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) 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, Scott) (Entered: 09/22/2010) 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) 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) 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) 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) 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) 229 RESPONSE in Opposition 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 EL-AD Residences at Miramar Conominium Association, Inc.. (Lambdin, Keith) (Entered:

09/21/2010

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09/24/2010) 09/24/2010 09/27/2010 230 REPORT REGARDING Special Master's Order on Motions to Compel by Lazaro Fernandez, Jr (Fernandez, Lazaro) (Entered: 09/24/2010) 231 RESPONSE in Opposition re 208 Defendant's MOTION in Limine NO. 4 TO 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) 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 Association, Inc.. (Lambdin, Keith) (Entered: 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) 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) 235 ORDER. Signed by Judge Adalberto Jordan on 9/30/2010. (lbc) (Entered: 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) 237 NOTICE by Mt. Hawley Insurance Company re 201 Notice (Other) Objections to Deposition Designations of Donald Driscoll (Janowitz, Scott) (Entered: 09/30/2010) 238 RESPONSE in Opposition re 212 Defendant's MOTION in Limine NO. 8 TO PROHIBIT PLAINTIFF FROM INTRODUCING AT TRIAL ANY EXHIBIT CONTAINED ON PLAINTIFF'S TRIAL EXHIBIT LIST filed by EL-AD Residences at Miramar Conominium Association, Inc.. (Attachments: # 1 Exhibit A)(Lambdin, Keith) (Entered: 09/30/2010) 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) 240 RESPONSE in Opposition 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 EL-AD Residences at Miramar Conominium Association, Inc.. (Attachments: # 1 Exhibit)(Rubinstein, Craig) (Entered: 10/01/2010)

09/27/2010

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10/01/2010

241 RESPONSE in Opposition re 206 Defendant's MOTION in Limine No. 1 to 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) 242 RESPONSE in Opposition re 207 Defendant's MOTION in Limine NO. 2 TO PROHIBIT PLAINTIFF FROM CALLING WITNESSES AT TRIAL WHOM PLAINTIFF DID NOT DISCLOSE DURING DISCOVERY filed by EL-AD Residences at Miramar Conominium Association, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lambdin, Keith) (Entered: 10/01/2010) 243 RESPONSE in Opposition re 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 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) 244 RESPONSE in Opposition re 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 filed by EL-AD Residences at Miramar Conominium Association, Inc.. (Lambdin, Keith) (Entered: 10/01/2010) 245 RESPONSE in Opposition re 216 Defendant's MOTION in Limine NO. 11 TO EXCLUDE EVIDENCE OF "BAD FAITH"; MEMORANDUM OF LAW; CERTIFICATION filed by EL-AD Residences at Miramar Conominium Association, Inc.. (Lambdin, Keith) (Entered: 10/01/2010) 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) 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) 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 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

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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) 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) 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) 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) 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) 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) 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)

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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 (Janowitz, Scott) (Entered: 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) 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) 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) 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) 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) 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) 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) 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)

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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) 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) 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) 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) 269 REPLY to Response to Motion re 207 Defendant's MOTION in Limine NO. 2 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) 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) 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) 272 REPLY to Response to Motion re 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 filed by Mt. Hawley Insurance Company. (Attachments: # 1 Exhibit A)(Janowitz, Scott) (Entered: 11/12/2010) 273 REPLY to Response to Motion 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 Mt. Hawley Insurance Company. (Attachments: # 1 Exhibit A)(Janowitz, Scott) (Entered: 11/15/2010)

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11/15/2010

274 REPLY to Response to Motion re 216 Defendant's MOTION in Limine NO. 11 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) 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) 276 NOTICE by Mt. Hawley Insurance Company OF WITHDRAWAL AS COUNSEL (Coultoff, Daniel) (Entered: 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) Attorney Daniel Howard Coultoff terminated per 276 Notice of Withdrawal as Counsel. (asl) (Entered: 11/23/2010) 278 NOTICE by EL-AD Residences at Miramar Conominium Association, Inc. re 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) 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)

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