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CLOSED,MEDIATION

U.S. District Court

Northern District of Florida (Tallahassee)
CIVIL DOCKET FOR CASE #: 4:20-cv-00033-WS-MJF

D&CK INC v. UNITED NATIONAL INSURANCE COMPANY Date Filed: 01/16/2020

Assigned to: SENIOR JUDGE WILLIAM STAFFORD Date Terminated: 12/28/2020
Referred to: MAGISTRATE JUDGE MICHAEL J FRANK Jury Demand: Plaintiff
Case in other court: SECOND JUDICIAL CIRCUIT, LEON Nature of Suit: 110 Insurance
COUNTY, FL, 2019-CA-002752 Jurisdiction: Diversity
Cause: 28:1332 Diversity-Notice of Removal
Plaintiff
ZARA HOTELS LLC represented by KELLY L KUBIAK
TERMINATED: 09/24/2020 MERLIN LAW GROUP - TAMPA FL
doing business as 777 S HARBOUR ISLAND BLVD STE 950
QUALITY INN & SUITES TAMPA, FL 33602
TERMINATED: 09/24/2020 Email:
kubiakpleadings@kubiaklawgroup.com
ATTORNEY TO BE NOTICED

NICOLE CHERI VINSON

MERLIN LAW GROUP - TAMPA FL
777 S HARBOUR ISLAND BLVD STE 950
TAMPA, FL 33602
813-229-1000
Email: nvinson@stockhamlawgroup.com
ATTORNEY TO BE NOTICED

Plaintiff
D&CK INC represented by STEVEN EDWARD SELLERS
doing business as DUDLEY SELLERS & HEALY PL -
SERVPRO OF NORTH LEON COUNTY TALLAHASSEE FL
SUNTRUST FINANCIAL CENTER
3522 THOMASVILLE RD STE 301
TALLAHASSEE, FL 32309
850-222-0775
Fax: 850-222-7339
Email: steve@dshattorneys.com
ATTORNEY TO BE NOTICED

V.
Intervenor Plaintiff
First Bank represented by KENNETH BLAIR JACOBS
GRAYROBINSON PA - JACKSONVILLE
FL
 50 N LAURA ST STE 1100
JACKSONVILLE, FL 32202
904-598-9929
Fax: 904-598-9109
Email: ken.jacobs@gray-robinson.com
ATTORNEY TO BE NOTICED

V.
Defendant
UNITED NATIONAL INSURANCE represented by STEPHANIE HOPE CARLTON
COMPANY LITCHFIELD CAVO LLP - FORT
LAUDERDALE FL
600 CORPORATE DR
STE 600
FT LAUDERDALE, FL 33334
561-389-5438
Email: carlton@litchfieldcavo.com
ATTORNEY TO BE NOTICED

JASON MICHAEL CHODOS

LITCHFIELD CAVO LLP - FORT
LAUDERDALE FL
600 CORPORATE DR
STE 600
FT LAUDERDALE, FL 33334
954-689-3008
Fax: 954-689-3001
Email: jchodos@zelle.com
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/16/2020 1 NOTICE OF REMOVAL by UNITED NATIONAL INSURANCE COMPANY from
SECOND JUDICIAL CIRCUIT, LEON COUNTY, FL, case number 2019-CA-002752. (
Filing fee $ 400 receipt number AFLNDC-4781682.), filed by UNITED NATIONAL
INSURANCE COMPANY. (Attachments: # 1 Exhibit "A" - STATE COURT ACTION, # 2
Exhibit "B" - PENNSYLVANIA INSURANCE DEPARTMENT WEBSITE, # 3 Exhibit "C" -
FLORIDA DEPARTMENT OF STATE WEBSITE, # 4 Exhibit "D" - EUO EXCERPT, # 5
Exhibit "E" - DRIVERS LICENSE, # 6 Exhibit "F" - VOTER REGISTRATION, # 7 Exhibit
"G" - TIOGA COUNTY PROPERTY APPRAISER, # 8 Exhibit "H" - EXPERIAN CREDIT
RECORDS, # 9 Exhibit "I" - ALAMEDA COUNTY TAX ASSESSOR, # 10 Exhibit "J" -
PROOFS OF LOSS, # 11 Exhibit "K" - COVERAGE POSITION LETTER) (CHODOS,
JASON) (Entered: 01/16/2020)
01/16/2020 2 CIVIL COVER SHEET. (CHODOS, JASON) (Entered: 01/16/2020)
01/20/2020 3 Consent MOTION for Extension of Time to File Answer re 1 Notice of Removal,,, and
Incorporated Memorandum of Law by UNITED NATIONAL INSURANCE COMPANY.
(CHODOS, JASON) (Entered: 01/20/2020)
01/21/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 3 Consent MOTION for Extension of Time to
File Answer. (cle) (Entered: 01/21/2020)
01/21/2020 4 ORDER GRANTING DEFENDANT'S MOTION FOR EXTENSION OF TIME -
Defendant's motion (ECF No. 3 ) for an extension of time to respond to Plaintiff's complaint
IS granted. Defendant shall have up to and including 2/6/2020, to respond to Plaintiff's
complaint. Signed by SENIOR JUDGE WILLIAM STAFFORD on 1/21/2020. (cle) (Entered:
01/21/2020)
01/23/2020 5 INITIAL SCHEDULING ORDER - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement
Deadline set for 2/6/2020. Rule 26 Meeting Report due by 3/9/2020. Discovery due by
5/18/2020. Signed by SENIOR JUDGE WILLIAM STAFFORD on 1/23/2020. (cle) (Entered:
01/23/2020)
01/30/2020 6 Corporate Disclosure Statement/Certificate of Interested Persons by UNITED NATIONAL
INSURANCE COMPANY identifying Corporate Parent Global Indemnity plc for UNITED
NATIONAL INSURANCE COMPANY.. (CHODOS, JASON) (Entered: 01/30/2020)
01/30/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 6 Corporate Disclosure Statement. (cle)
(Entered: 01/30/2020)
02/05/2020 7 ANSWER to Complaint and Affirmative Defenses by UNITED NATIONAL INSURANCE
COMPANY. (CHODOS, JASON) (Entered: 02/05/2020)
02/06/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed Re: 7 Answer to Complaint. Also, the Corporate
Disclosure Statement has not been filed by ZARA HOTELS LLC. (kjw) (Entered:
02/06/2020)
02/06/2020 8 Corporate Disclosure Statement/Certificate of Interested Persons by ZARA HOTELS LLC.
(KUBIAK, KELLY) (Entered: 02/06/2020)
02/07/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed Re: 8 Corporate Disclosure Statement/Certificate
of Interested Persons. (kjw) (Entered: 02/07/2020)
02/23/2020 9 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit "A" - Joint Proposed
Modified Case Management Schedule) (CHODOS, JASON) (Entered: 02/23/2020)
02/24/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 9 Report of Rule 26(f) Planning Meeting. (cle)
(Entered: 02/24/2020)
02/24/2020 10 ORDER ADOPTING PARTIES' PROPOSED DISCOVERY SCHEDULE - re: 9 Report of
Rule 26 (f) Planning Meeting. The parties' proposed alternative discovery schedule is hereby
ADOPTED. All discovery shall be commenced in time to be completed by 12/4/2020.
Potentially dispositive motions, if any, shall be filed by 1/5/2021. Plaintiff's counsel shall
advise the court on or before 12/18/2020, whether and when the parties will attend mediation.
Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/24/2020. (cle) (Entered:
02/24/2020)
02/24/2020 11 CASE REFERRED to Mediation - see 10 ORDER ADOPTING PARTIES' PROPOSED
DISCOVERY SCHEDULE. (cle) (Entered: 02/26/2020)
09/22/2020 12 MOTION to Substitute Party by D&CK Inc. (Attachments: # 1 Exhibit ORDER) (SELLERS,
STEVEN) (Entered: 09/22/2020)
09/22/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 12 MOTION to Substitute Party. (cle) (Entered:
09/22/2020)
09/23/2020 13 MOTION TO STAY PROCEEDINGS AND FOR MODIFICATION OF CASE
MANAGEMENT SCHEDULE filed by UNITED NATIONAL INSURANCE COMPANY.
(CHODOS, JASON) Modified on 9/23/2020 to amend title of document. (cle) (Entered:
09/23/2020)
09/23/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 13 MOTION TO STAY PROCEEDINGS AND
FOR MODIFICATION OF CASE MANAGEMENT SCHEDULE. (cle) (Entered:
09/23/2020)
09/23/2020 14 NOTICE OF SUPPLEMENTAL CONFERRAL EFFORTS by UNITED NATIONAL
INSURANCE COMPANY re 13 MOTION to Stay re 10 Scheduling Order,, Proceedings and
MOTION to Amend/Correct Modify Case Management Schedule (CHODOS, JASON)
(Entered: 09/23/2020)
09/23/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 14 NOTICE OF SUPPLEMENTAL
CONFERRAL EFFORTS. (cle) (Entered: 09/23/2020)
09/24/2020 15 ORDER GRANTING ASSIGNEE'S MOTION TO SUBSTITUTE AS PARTY PLAINTIFF -
D&CK's motion (ECF No. 12 ) for substitution is GRANTED. D&CK, Inc., d/b/a ServPro of
North Leon County is SUBSTITUTED as the plaintiff in this action. Zara Hotels, LLC, is
DISMISSED as the plaintiff in the case. The clerk shall note the changes on the docket.
ZARA HOTELS LLC terminated. Signed by SENIOR JUDGE WILLIAM STAFFORD on
9/24/2020. (cle) (Entered: 09/24/2020)
09/28/2020 16 ORDER GRANTING DEFENDANT'S MOTION TO STAY PROCEEDINGS AND FOR
MODIFICATION OF DEADLINES - Defendant's "Motion to Stay Proceedings and for
Modification of Case Management Schedule" (ECF No. 13 ) is GRANTED. All scheduling
deadlines are EXTENDED for ninety days from today's date. Signed by SENIOR JUDGE
WILLIAM STAFFORD on 9/28/2020. (cle) (Entered: 09/29/2020)
10/08/2020 17 NOTICE of Settlement by UNITED NATIONAL INSURANCE COMPANY (CHODOS,
JASON) (Entered: 10/08/2020)
10/08/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 17 Notice of Settlement. (cle) (Entered:
10/08/2020)
10/09/2020 18 MOTION to Intervene by First Bank. (Attachments: # 1 Exhibit 1) (JACOBS, KENNETH)
(Entered: 10/09/2020)
10/13/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed Re: 18 MOTION to Intervene. (blb) (Entered:
10/13/2020)
10/16/2020 19 STIPULATION of Dismissal With Prejudice by UNITED NATIONAL INSURANCE
COMPANY. (CHODOS, JASON) (Entered: 10/16/2020)
10/16/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 19 Stipulation of Dismissal. (cle) (Entered:
10/16/2020)
10/22/2020 20 MOTION to Dismiss - For Entry of Final Order of Dismissal or, Alternatively ( (Internal
deadline for referral to judge if response not filed earlier: 11/5/2020).), MOTION for
Extension of Time to File Response/Reply as to 18 MOTION to Intervene and Incorporated
Memorandum of Law by UNITED NATIONAL INSURANCE COMPANY. (CHODOS,
JASON) (Entered: 10/22/2020)
10/22/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 20 MOTION to Dismiss. (cle) (Entered:
10/22/2020)
11/03/2020 21 MEMORANDUM in Opposition re 20 MOTION to Dismiss - For Entry of Final Order of
Dismissal or, Alternatively MOTION for Extension of Time to File Response/Reply as to 18
MOTION to Intervene and Incorporated Memorandum of Law filed by First Bank.
(JACOBS, KENNETH) (Entered: 11/03/2020)
11/04/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 21 Memorandum in Opposition to Motion to
Dismiss. (cle) (Entered: 11/04/2020)
11/13/2020 22 ORDER DENYING DEFENDANT'S MOTION FOR ENTRY OF FINAL ORDER OF
DISMISSAL; GRANTING MOTION FOR EXTENSION OF TIME TO RESPOND TO
MOTION TO INTERVENE. United National's request (ECF No. 20 ) for an extension of
time is GRANTED. United National and ServPro shall have fourteen (14) days from the date
this order is entered to respond to First Bank's Motion to intervene. First Bank shall have
fourteen (14) days from the date the parties file their responses to file replies to those
responses. Defendant's motion (ECF No. 20 ) for entry of a final order of dismissal is
DENIED. ServPro and United National shall have up to and including 11/23/2020, to address
the concerns articulated by the court in section C of this order. Signed by SENIOR JUDGE
WILLIAM STAFFORD on 11/13/20. (blb) (Entered: 11/13/2020)
11/18/2020 23 REPLY to Response to Motion re 18 MOTION to Intervene Response to Part C of Court
Order - Doc 22 filed by D&CK INC. (Attachments: # 1 2020-09-25 Email, # 2 2020-04-09
Email, # 3 2020-05-01 Email, # 4 2020-08-20 Email, # 5 2020-09-08 Email, # 6 2020-09-11
Email, # 7 2020-09-21 Email, # 8 2020-09-23 Email to Zara, # 9 2020-09-23 Email to All
Attys) (SELLERS, STEVEN) (Entered: 11/18/2020)
11/18/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 23 Reply to Response to Motion. (cle) (Entered:
11/18/2020)
11/23/2020 24 RESPONSE by UNITED NATIONAL INSURANCE COMPANY re 22 Order,,,, Set
Deadlines/Hearings,,, - Response to Section C of Court Order [D.E. 22]. (Attachments: # 1
Exhibit "A" - Policy Application, Property Section) (CHODOS, JASON) (Entered:
11/23/2020)
11/23/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 24 Response. (cle) (Entered: 11/23/2020)
11/27/2020 25 MEMORANDUM OF LAW IN OPPOSITION TO FIRST BANKS MOTION TO
INTERVENE filed by UNITED NATIONAL INSURANCE COMPANY. (Attachments: # 1
Exhibit "A" - Policy Application, Property Section) (CHODOS, JASON) Modified Title on
11/30/2020 (blb). (Entered: 11/27/2020)
11/30/2020 26 RESPONSE TO PART B OF COURT ORDER (DOC 22 ) filed by D&CK INC.
(Attachments: # 1 Settlement, Release & Assignment Agreement) (SELLERS, STEVEN)
Modified Title on 11/30/2020 (blb). (Entered: 11/30/2020)
11/30/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed Re: 25 Memorandum in Opposition to Motion, 26
Response to Motion (blb) (Entered: 11/30/2020)
12/10/2020 27 REPLY to Response to Motion re 18 MOTION to Intervene filed by First Bank.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (JACOBS,
KENNETH) (Entered: 12/10/2020)
12/11/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed re: 27 Reply to Response to Motion. (cle) (Entered:
12/11/2020)
12/11/2020 28 REPLY by First Bank re 26 Response to Motion to Intervene by First Bank. (JACOBS,
KENNETH) (Entered: 12/11/2020)
12/14/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM
STAFFORD notified that action is needed Re: 28 Reply TO D&CK, INC.S RESPONSE
TOPART B OF COURT ORDER. (blb) (Entered: 12/14/2020)
12/28/2020 29 ORDER DENYING FIRST BANK'S MOTION TO INTERVENE. First Bank's motion (ECF
No. 18 ) to intervene is DENIED. The clerk shall close the case. Signed by SENIOR JUDGE
WILLIAM STAFFORD on 12/28/20. (blb) (Entered: 12/28/2020)

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