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CLOSED, MEDREQ, REF_DISCOV, STAYED, STB

U.S. District Court


Southern District of Florida (Key West)
CIVIL DOCKET FOR CASE #: 4:08-cv-10116-JEM

Paradise Divers, Inc. v. ACE American Insurance Company Date Filed: 12/31/2008
Assigned to: Judge Jose E. Martinez Date Terminated: 02/09/2010
Referred to: Ch. Magistrate Judge Stephen T. Brown Jury Demand: Plaintiff
Demand: $1,600,000 Nature of Suit: 110 Insurance
Cause: 28:1332 Diversity-Insurance Contract Jurisdiction: Diversity
Plaintiff
Paradise Divers, Inc. represented by Michelle Melin Niemeyer
a Florida Corporation 3250 Mary Street
Suite 302
Coconut Grove, FL 33133-2007
305-443-1818
Fax: 443-8368
Email: mniemeyer@paymyclaim.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
ACE American Insurance Company represented by B. Richard Young
Young Bill Fugett & Roumbos
PO Box 1070
Pensacola, FL 32591-1070
850-432-2222
Fax: 432-1444
Email: ryoung@flalawyer.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Adam Alexander-Speer Duke


Young Bill Fugett & Roumbos
PO Box 1070
Pensacola, FL 32591-1070
850-432-2222
Email: aduke@flalawyer.net
ATTORNEY TO BE NOTICED

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Date Filed # Docket Text


12/31/2008 1 COMPLAINT against ACE American Insurance Company Receipt#: Pending,
filed by Paradise Divers, Inc..(lh) Filing Fee $300.00 Receipt# 992957 Modified
on 1/6/2009 (vp). (Entered: 12/31/2008)
01/06/2009 2 Summons Issued as to ACE American Insurance Company. (cqs) (Entered:
01/06/2009)
01/12/2009 3 Order Requiring Parties to Meet and File Joint Scheduling Report. Signed by
Judge Jose E. Martinez on 1/12/2009. (dq) (Entered: 01/12/2009)
05/04/2009 4 MOTION to Dismiss 1 Complaint and Incorporated Memorandum of Law by
ACE American Insurance Company. Responses due by 5/21/2009 (Young, B.)
(Entered: 05/04/2009)
05/07/2009 5 Amended MOTION to Dismiss 1 Complaint and Incorporated Memorandum of
Law by ACE American Insurance Company. Responses due by 5/26/2009
(Young, B.) (Entered: 05/07/2009)
05/11/2009 6 Corporate Disclosure Statement by ACE American Insurance Company
identifying Corporate Parent ACE Limited for ACE American Insurance
Company. (Young, B.) (Entered: 05/11/2009)
05/15/2009 7 Plaintiff's MOTION for Extension of Time to File Response as to 5 Amended
MOTION to Dismiss 1 Complaint and Incorporated Memorandum of Law by
Paradise Divers, Inc.. (Niemeyer, Michelle) (Entered: 05/15/2009)
05/18/2009 8 Paperless ORDER granting 7 Motion for Extension of Time to Respond re 5
Amended MOTION to Dismiss. Responses due by 6/1/2009. Signed by Judge
Jose E. Martinez on 5/18/2009. (lc2) (Entered: 05/18/2009)
06/01/2009 9 Second MOTION for Extension of Time to File Response as to 5 Amended
MOTION to Dismiss 1 Complaint and Incorporated Memorandum of Law by
Paradise Divers, Inc.. (Niemeyer, Michelle) (Entered: 06/01/2009)
06/03/2009 10 RESPONSE to Motion re 9 Second MOTION for Extension of Time to File
Response as to 5 Amended MOTION to Dismiss 1 Complaint and Incorporated
Memorandum of Law filed by ACE American Insurance Company. Replies due
by 6/15/2009. (Duke, Adam) (Entered: 06/03/2009)
06/04/2009 11 Paperless ORDER granting 9 Motion for Extension of Time to Respond re 5
Amended MOTION to Dismiss. Responses due by 6/11/2009. Signed by Judge
Jose E. Martinez on 6/4/2009. (lc2) (Entered: 06/04/2009)
06/11/2009 12 Third MOTION for Extension of Time to File Response as to 5 Amended
MOTION to Dismiss 1 Complaint and Incorporated Memorandum of Law by
Paradise Divers, Inc.. (Niemeyer, Michelle) (Entered: 06/11/2009)

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06/15/2009 13 MEMORANDUM in Opposition re 5 Amended MOTION to Dismiss 1


Complaint and Incorporated Memorandum of Law by Paradise Divers, Inc..
(Niemeyer, Michelle) (Entered: 06/15/2009)
06/15/2009 14 MEMORANDUM in Opposition re 5 Amended MOTION to Dismiss 1
Complaint and Incorporated Memorandum of Law by Paradise Divers, Inc..
(Niemeyer, Michelle) (Entered: 06/15/2009)
06/18/2009 15 JOINT Conference, Discovery, and SCHEDULING REPORT - Rule 16.1 by
ACE American Insurance Company. (Attachments: # 1 Exhibit Attachment
A)(Young, B.) Modified text on 6/19/2009 (tas). (Entered: 06/18/2009)
06/18/2009 16 NOTICE by ACE American Insurance Company re 15 SCHEDULING REPORT
- Rule 26(f)/16.1 of Filing Attachment D to Joint Conference, Discovery and
Scheduling Report (Attachments: # 1 Exhibit Attachment D)(Duke, Adam)
(Entered: 06/18/2009)
06/22/2009 17 Paperless ORDER granting 12 Motion for Extension of Time to Respond.
Plaintiff's response is accepted as filed. Signed by Judge Jose E. Martinez on
6/22/2009. (afr) (Entered: 06/22/2009)
06/22/2009 18 REPLY to Response to Motion re 5 Amended MOTION to Dismiss 1 Complaint
and Incorporated Memorandum of Law filed by ACE American Insurance
Company. (Duke, Adam) (Entered: 06/22/2009)
06/23/2009 19 NOTICE of Attorney Appearance by Adam Alexander-Speer Duke on behalf of
ACE American Insurance Company (Duke, Adam) (Entered: 06/23/2009)
06/23/2009 20 ORDER Setting Civil Trial Date and Pretrial Schedule, Requiring Mediation, and
Referring Certain Motions to Magistrate Judge. SCHEDULING ORDER: ( Jury
Trial set for 3/15/2010 before Judge Jose E. Martinez., Calendar Call set for
3/11/2010 01:45 PM in Miami Division before Judge Jose E. Martinez.,
Amended Pleadings due by 11/5/2009., Discovery due by 12/30/2009.,
Dispositive Motions due by 1/4/2010., Motions due by 2/16/2010., Pretrial
Stipulation due by 2/23/2010.), ORDER REFERRING CASE to Ch. Magistrate
Judge Stephen T. Brown for Discovery Proceedings, ORDER REFERRING
CASE to Mediation. 15 days to appoint mediator. ( Mediation Deadline
2/3/2010.). Signed by Judge Jose E. Martinez on 6/23/2009. (tas) (Entered:
06/24/2009)
07/06/2009 21 ORDER on Discovery - [see order for full details]. Signed by Ch. Magistrate
Judge Stephen T. Brown on 7/6/2009. (dt) (Entered: 07/06/2009)
09/22/2009 22 Notification of Ninety Days Expiring by ACE American Insurance Company re 5
Amended MOTION to Dismiss 1 Complaint and Incorporated Memorandum of
Law filed by ACE American Insurance Company (Duke, Adam) (Entered:
09/22/2009)
10/23/2009 23 MOTION for Extension of Time to Complete Discovery by Paradise Divers, Inc..
(Attachments: # 1, # 2)(Niemeyer, Michelle) (Entered: 10/23/2009)

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10/26/2009 24 RESPONSE to Motion re 23 MOTION for Extension of Time to Complete


Discovery filed by ACE American Insurance Company. Replies due by
11/5/2009. (Duke, Adam) (Entered: 10/26/2009)
11/12/2009 25 Unopposed MOTION for Extension of Time to Complete Discovery of Expert
Witness disclosures by ACE American Insurance Company. (Attachments: # 1
Text of Proposed Order)(Duke, Adam) (Entered: 11/12/2009)
11/13/2009 26 Plaintiff's MOTION to Stay ( Responses due by 12/3/2009), Plaintiff's MOTION
for Extension of Time to Complete Discovery and Plaintiff's Motion for
Modification of Trial Deadlines by Paradise Divers, Inc.. (Niemeyer, Michelle)
(Entered: 11/13/2009)
12/02/2009 27 RESPONSE to Motion re 26 Plaintiff's MOTION to StayPlaintiff's MOTION for
Extension of Time to Complete Discovery and Plaintiff's Motion for Modification
of Trial Deadlines filed by ACE American Insurance Company. Replies due by
12/14/2009. (Duke, Adam) (Entered: 12/02/2009)
12/03/2009 28 MOTION for Protective Order (EMERGENCY) by Paradise Divers, Inc..
(Attachments: # 1 Exhibit ACE's Motion to Dismiss, # 2 Exhibit ACE's 1st
Request for Production, # 3 Exhibit Depo Notice duces tecum - Larry Wright, # 4
Exhibit Depo Notice duces tecum - Linda Kruszka, # 5 Exhibit Paradise Divers'
pending motion to stay)(Niemeyer, Michelle) (Entered: 12/03/2009)
12/03/2009 29 RESPONSE in Opposition re 28 MOTION for Protective Order (EMERGENCY)
MOTION for Protective Order (EMERGENCY) filed by ACE American
Insurance Company. (Duke, Adam) (Entered: 12/03/2009)
12/04/2009 30 REPLY to Response to Motion re 28 MOTION for Protective Order
(EMERGENCY) MOTION for Protective Order (EMERGENCY) filed by
Paradise Divers, Inc.. (Attachments: # 1 Exhibit Paradise Divers, Inc. Sunbiz
Corporate Report)(Niemeyer, Michelle) (Entered: 12/04/2009)
12/07/2009 31 Clerks Notice to Filer re 28 MOTION for Protective Order (EMERGENCY).
Emergency Document Filed Electronically; ERROR - Emergency matters may
not be filed electronically, they must be filed in the conventional paper format in
the division where the judge is chambered. The Clerk contacted Chambers and
corrected the docket text to indicate the document is an emergency matter. It is
not necessary to refile this document but future filings must comply with the
CM/ECF Administrative Procedures and Local Rules. (ls) (Entered: 12/07/2009)
12/07/2009 32 MOTION to Compel Responses to Defendant's Initial Interrogatories and First
Request for Production by ACE American Insurance Company. Responses due
by 12/24/2009 (Attachments: # 1 Exhibit A - Initial Interrogatories, # 2 Exhibit B
- First Request for Production, # 3 Text of Proposed Order)(Duke, Adam)
(Entered: 12/07/2009)
12/08/2009 33 Paperless ORDER denying 28 Plaintiff's Emergency Motion for Protective Order.
Plaintiff has not shown good cause for the issuance of a protective order. Signed

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by Judge Jose E. Martinez on 12/8/2009. (ajs) (Entered: 12/08/2009)


12/10/2009 34 Paperless ORDER denying 26 Motion to Stay; granting in part and denying in
part 26 Motion for Extension of Time to Complete Discovery. Pretrial deadlines,
including the deadline for discovery and dispositive motions, are extended thirty
(30) days. Signed by Judge Jose E. Martinez on 12/10/2009. (afr) (Entered:
12/10/2009)
12/11/2009 35 ENDORSED ORDER granting 23 Motion for Extension of Time to Complete
Discovery through and including 12/16/09. Signed by Ch. Magistrate Judge
Stephen T. Brown on 12/11/2009. (sly) (Entered: 12/11/2009)
12/11/2009 36 NOTICE by ACE American Insurance Company re 32 MOTION to Compel
Responses to Defendant's Initial Interrogatories and First Request for Production
Notice of Withdrawal of ACE's Motion to Compel (Duke, Adam) (Entered:
12/11/2009)
01/06/2010 37 ORDER granting in part and denying in part 5 Motion to Dismiss. The motion is
granted with respect to Count 1 and denied in all other respects. Signed by Judge
Jose E. Martinez on 1/6/2010. (wh) (Entered: 01/06/2010)
01/19/2010 38 AMENDED DOCUMENT by Paradise Divers, Inc.. First Amended Complaint.
(Attachments: # 1 Exhibit 1 - CIGNA Policy, # 2 Exhibit 2 - CNA/PADI Policy, #
3 Exhibit 3 - Paradise Divers Civil Remedy Notice, # 4 Exhibit 4 - Assignment of
Rights, # 5 Exhibit 5 - CNA Civil Remedy Notice)(Niemeyer, Michelle)
(Entered: 01/19/2010)
01/19/2010 39 NOTICE of Compliance by Paradise Divers, Inc. re 37 Order on Motion to
Dismiss, 38 Amended Document, filed by Paradise Divers, Inc. (Niemeyer,
Michelle) (Entered: 01/19/2010)
01/22/2010 40 MOTION for Protective Order and Incorporated Memorandum of Law by ACE
American Insurance Company. (Attachments: # 1 Exhibit A - Depo Notice)
(Duke, Adam) (Entered: 01/22/2010)
01/27/2010 41 NOTICE by Paradise Divers, Inc. of Selection of Mediator (Niemeyer, Michelle)
(Entered: 01/27/2010)
01/29/2010 42 ACE's ANSWER and Affirmative Defenses to Complaint to Plaintiff's Amended
Complaint by ACE American Insurance Company.(Duke, Adam) (Entered:
01/29/2010)
01/29/2010 43 MOTION to Continue Trial and all Related Deadlines including Discovery by
Paradise Divers, Inc.. Responses due by 2/16/2010 (Niemeyer, Michelle)
(Entered: 01/29/2010)
01/29/2010 44 MOTION to Compel Responses to Discovery by Paradise Divers, Inc.. Responses
due by 2/16/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E)(Niemeyer, Michelle) (Entered: 01/29/2010)

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02/03/2010 45 MOTION for Reconsideration re 37 Order on Motion to Dismiss OR, IN THE


ALTERNATIVE, TO STAY THE ACTION and Incorporated Memorandum of Law
by ACE American Insurance Company. (Duke, Adam). Added MOTION to Stay
the action on 2/4/2010 (tas). (Entered: 02/03/2010)
02/03/2010 46 MOTION for Summary Judgment by ACE American Insurance Company.
Responses due by 3/1/2010 (Attachments: # 1 Memorandum of Law in Support
of MSJ)(Duke, Adam) (Entered: 02/03/2010)
02/03/2010 47 Statement of: of Material Facts in Support of Motion for Summary Judgment by
ACE American Insurance Company re 46 MOTION for Summary Judgment.
(Attachments: # 1 Exhibit A - Linda Kruszka Depo Vol. I, # 2 Exhibit A - Linda
Kruszka Depo Vol. II, # 3 Exhibit B - Michell Roberts Depo, # 4 Exhibit C - Nov.
14, 2000 ltr, # 5 Exhibit D - Fed. Court Cx, # 6 Exhibit E - Dec Action Cx, # 7
Exhibit F - Notice of Voluntary Dismissal, # 8 Exhibit G - State Court Cx, # 9
Exhibit H - Order on Partial MSJ, # 10 Exhibit I - Report and Recommendation,
# 11 Exhibit J - Final Judgment, # 12 Exhibit K - Satisfaction of Judgment, # 13
Exhibit L - Larry Wright Depo)(Duke, Adam) (Entered: 02/03/2010)
02/03/2010 48 MOTION for Extension of Time to File Dispositive Motions by Paradise Divers,
Inc.. (Niemeyer, Michelle) (Entered: 02/03/2010)
02/08/2010 49 RESPONSE in Opposition re 40 MOTION for Protective Order and
Incorporated Memorandum of Law filed by Paradise Divers, Inc.. (Attachments:
# 1 Exhibit A)(Niemeyer, Michelle) (Entered: 02/08/2010)
02/09/2010 50 ORDER granting in part and denying in part 45 Motion for Reconsideration ; or
granting 45 Motion to Stay, Specifically it is granted in the ALTERNATIVE TO
STAY, this case is administratively CLOSED.. Signed by Judge Jose E. Martinez
on 2/8/2010. (cqs) (Entered: 02/09/2010)
05/14/2010 51 MOTION to Lift Stay re 50 Order on Motion for Reconsideration, Order on
Motion to Stay,, by ACE American Insurance Company. (Attachments: # 1
Exhibit Perera v. USF&G)(Duke, Adam) (Entered: 05/14/2010)
05/28/2010 52 RESPONSE to Motion re 51 MOTION to Lift Stay re 50 Order on Motion for
Reconsideration, Order on Motion to Stay,, filed by Paradise Divers, Inc.. Replies
due by 6/7/2010. (Niemeyer, Michelle) (Entered: 05/28/2010)
06/04/2010 53 REPLY to Response to Motion re 51 MOTION to Lift Stay re 50 Order on
Motion for Reconsideration, Order on Motion to Stay,, filed by ACE American
Insurance Company. (Duke, Adam) (Entered: 06/04/2010)

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