Endoscopy Center of Ocala, Inc., et al v. MAG Mutual Insurance Company

Florida Middle District Court
Judge:James S Moody, Jr
Referred: Philip R Lammens
Case #: 5:23-cv-00626
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-(Citizenship)
Case Filed:Oct 18, 2023
Terminated:Oct 25, 2024
Last checked: Monday Apr 15, 2024 4:25 AM EDT
Defendant
MAG Mutual Insurance Company
Represented By
Lorena Michelle Alfonso
Dinsmore & Shohl LLP
contact info
Seth Victor Alhadeff
Dinsmore & Shohl LLP
contact info
Ravika Rameshwar
Dinsmore & Shohl
contact info
Plaintiff
Richard Bruce Van Eldik
Represented By
Bradley R. Killinger
Cameron, Hodges, Coleman, Lapointe & Wright
contact info
Plaintiff
Endoscopy Center of Ocala, Inc.
Represented By
Bradley R. Killinger
Cameron, Hodges, Coleman, Lapointe & Wright
contact info


Docket last updated: 05/20/2025 11:59 PM EDT
Sunday, October 27, 2024
46 46 order Order on Motion for Joinder Sun 10/27 5:39 PM
ENDORSED ORDER re 42 Mediation Disposition Report and 45 Joint Stipulation for Dismissal with Prejudice. In light of the parties' settlement, the Final Judgment entered on October 25, 2024, at Dkt. 43 is VACATED. This cause is dismissed with prejudice, with each party to bear their own fees and costs. Signed by Judge James S. Moody, Jr. on 10/27/2024. (SMB)
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Friday, October 25, 2024
45 45 motion Joinder Fri 10/25 4:53 PM
MOTION for Joinder of Dismissal w Prejudice by Endoscopy Center of Ocala, Inc.. (Killinger, Bradley)
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44 44 notice Notice to Counsel of Local Rule Fri 10/25 3:41 PM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (GL)
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43 43 order Judgment Fri 10/25 3:38 PM
JUDGMENT in favor of MAG Mutual Insurance Company against Endoscopy Center of Ocala, Inc., Richard Bruce Van Eldik. Signed by Deputy Clerk on 10/25/2024. (GL)
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42 42 adr Mediation report Fri 10/25 10:20 AM
MEDIATION report Hearing held on October 25, 2024. Hearing outcome: Settled. (Schwait, Carl) Modified text on 10/25/2024 (GL)
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41 41 2 pgs order Order on Motion for Summary Judgment Order on Motion for Miscellaneous Relief Fri 10/25 9:06 AM
ORDER terminating as moot 38 Motion for Summary Judgment; terminating as moot 40 Motion. The Clerk of Court is directed to enter Final Judgment in favor of Defendant and against Plaintiffs. The Clerk of Court is further directed to close this case. Signed by Judge James S. Moody, Jr on 10/25/2024. (JG)
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Wednesday, October 23, 2024
40 40 motion Miscellaneous Relief Wed 10/23 5:15 PM
MOTION for Miscellaneous Relief, specifically Enforce Order [DE 36] and For Entry of Judgment in Favor of Mag Mutual by MAG Mutual Insurance Company. (Alhadeff, Seth)
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Monday, October 14, 2024
39 39 notice Notice of mediation conference/hearing Mon 10/14 4:08 PM
NOTICE of mediation conference/hearing to be held on November 25, 2024 before John Vento. (Killinger, Bradley)
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Monday, September 30, 2024
38 38 motion Summary Judgment Mon 09/30 9:22 PM
MOTION for Summary Judgment by MAG Mutual Insurance Company.(Alhadeff, Seth)
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Att: 1 Exhibit Exhibit 1,
Att: 2 Exhibit Exhibit 2,
Att: 3 Exhibit Exhibit 3
37 37 order Order on Motion for Extension of Time to File Order on Motion to Compel Mon 09/30 4:15 PM
ENDORSED ORDER denying as moot 17 Motion to Compel and 35 Motion for Extension of Time. Signed by Judge James S. Moody, Jr. on 9/30/2024. (SMB)
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36 36 7 pgs order Order on Motion for Summary Judgment Mon 09/30 4:15 PM
ORDER: Plaintiffs' Motion for Summary Judgment (Dkt. 16 ) is denied. The Court provides Plaintiffs fourteen (14) days from the date of this Order to file a response indicating why the Court should not enter judgment in Defendant's favor. While the Court deems such a response futile based on its interpretation of the Policy, the Court provides the notice to Plaintiffs in an abundance of caution because Defendant did not separately move for summary judgment. If Plaintiffs do not file a response during the deadline, the Court will enter judgment in Defendant's favor and close the case. Signed by Judge James S. Moody, Jr. on 9/30/2024. (SMB)
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Thursday, September 26, 2024
35 35 motion Extension of Time to File Thu 09/26 5:55 PM
MOTION for Extension of Time to File Dispositive Motions by MAG Mutual Insurance Company. (Alhadeff, Seth)
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Tuesday, August 20, 2024
34 34 2 pgs order Order Appointing Mediator Tue 08/20 2:03 PM
ORDER appointing Carl Schwait as mediator in this action. Mediation is scheduled on October 24, 2024, at 9:00 a.m. via Zoom. Signed by Judge James S. Moody, Jr. on 8/20/2024. (SMB)
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33 33 notice Notice of mediation conference/hearing Tue 08/20 1:51 PM
NOTICE of mediation conference/hearing to be held on October 24, 2024 at 9am before Carl Schwait. (Killinger, Bradley)
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32 32 order Order on Motion for Miscellaneous Relief Tue 08/20 12:02 PM
ENDORSED ORDER granting 31 Joint Motion to Extend Deadline to Complete Mediation. The mediation deadline is extended to October 24, 2024. Signed by Judge James S. Moody, Jr. on 8/20/2024. (SMB)
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31 31 motion Miscellaneous Relief Tue 08/20 11:36 AM
Joint MOTION for Miscellaneous Relief, specifically JOINT MOTION TO EXTEND DEADLINE TO COMPLETE MEDIATION by Endoscopy Center of Ocala, Inc., Richard Bruce Van Eldik. (Killinger, Bradley)
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Friday, August 16, 2024
30 30 respm Response to motion Fri 08/16 2:05 PM
RESPONSE to Motion re27 MOTION to Compel Overrule Objections and Compel Discovery filed by Endoscopy Center of Ocala, Inc., Richard Bruce Van Eldik. (Killinger, Bradley)
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Thursday, August 15, 2024
29 29 respm Reply to Response to Motion Thu 08/15 11:18 AM
REPLY to Response to Motion re16 First MOTION for Summary Judgment filed by Endoscopy Center of Ocala, Inc.. (Killinger, Bradley)
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Monday, August 12, 2024
28 28 notice Notice (Other) Mon 08/12 3:58 PM
NOTICE by MAG Mutual Insurance Company of Filing Exhibits to Motion to Overrule Objections and Compel Discovery(Alhadeff, Seth)
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Att: 1 Exhibit Composite Exhibit A
Thursday, August 08, 2024
27 27 motion Compel Thu 08/08 9:18 AM
MOTION to Compel Overrule Objections and Compel Discovery by MAG Mutual Insurance Company. (Alhadeff, Seth)
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Tuesday, August 06, 2024
26 26 order Order on Motion for Extension of Time to File Response / Reply Tue 08/06 4:24 PM
ENDORSED ORDER granting 23 Plaintiffs' Motion for Extension of Time. Plaintiffs' deadline to Reply to Defendant's Response to Plaintiffs' Motion for Summary Judgment is extended to August 15, 2024. Signed by Judge James S. Moody, Jr. on 8/6/2024. (SMB)
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25 25 order Order Tue 08/06 3:11 PM
ENDORSED ORDER re 24 Notice of Mediation. The parties have selected a mediator, Karen A. Brimmer, who is not listed on the Court's Certified Mediator List. See Local Rule 4.02. The parties are directed to select a new mediator and file the mediation notice on or before August 20, 2024. Signed by Judge James S. Moody, Jr. on 8/6/2024. (SMB)
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24 24 notice Notice of mediation conference/hearing Tue 08/06 2:25 PM
NOTICE of mediation conference/hearing to be held on September 3, 2024 at 10:00 a.m. before Karen A. Brimmer. (Alhadeff, Seth)
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23 23 motion Extension of Time to File Response / Reply Tue 08/06 1:26 PM
MOTION for Extension of Time to File Response/Reply by Endoscopy Center of Ocala, Inc., Richard Bruce Van Eldik. (Killinger, Bradley)
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Monday, July 08, 2024
22 22 respm Response to motion Mon 07/08 6:25 PM
RESPONSE to Motion re16 First MOTION for Summary Judgment filed by MAG Mutual Insurance Company.(Alhadeff, Seth)
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Att: 1 Exhibit Exhibit 1,
Att: 2 Exhibit Exhibit 2,
Att: 3 Exhibit Exhibit 3
Monday, June 24, 2024
21 21 notice Notice to Counsel of Local Rule Mon 06/24 3:18 PM
NOTICE TO COUNSEL Bradley R. Killinger of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (GL)
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20 20 order Order on Motion for Extension of Time to File Response / Reply Mon 06/24 11:32 AM
ENDORSED ORDER granting 19 Defendant's Unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment. Defendant's response deadline is extended to July 8, 2024. Signed by Judge James S. Moody, Jr. on 6/24/2024. (SMB)
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19 19 motion Extension of Time to File Response / Reply Mon 06/24 11:07 AM
Unopposed MOTION for Extension of Time to File Response/Reply as to16 First MOTION for Summary Judgment by MAG Mutual Insurance Company. (Alhadeff, Seth)
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Friday, May 24, 2024
18 18 order Order on Motion for Extension of Time to File Response / Reply Fri 05/24 9:45 AM
ENDORSED ORDER granting 17 Defendant's Unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment. Defendant's response deadline is extended to June 27, 2024. Signed by Judge James S. Moody, Jr. on 5/24/2024. (SMB)
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Thursday, May 23, 2024
17 17 motion Extension of Time to File Response / Reply Thu 05/23 4:44 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to16 First MOTION for Summary Judgment by MAG Mutual Insurance Company. (Alhadeff, Seth)
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Tuesday, May 14, 2024
16 16 motion Summary Judgment Tue 05/14 10:27 AM
First MOTION for Summary Judgment by Endoscopy Center of Ocala, Inc.. (Killinger, Bradley)
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Tuesday, December 12, 2023
15 15 order Case Management Scheduling Order Tue 12/12 2:00 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 8/30/2024; Dispositive motions due by 9/30/2024; Pretrial Conference is set on TUESDAY, FEBRUARY 4, 2025, AT 9:45 A.M in Tampa Courtroom 17 before Judge James S. Moody Jr. Jury Trial is set on the MARCH 2025 trial tern in Tampa Courtroom 17 before Judge James S. Moody Jr. Conduct mediation hearing by 9/13/2024. Lead counsel to coordinate dates. Signed by Judge James S. Moody, Jr. on 12/12/2023. (SMB)
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14 14 misc Case Management Report Tue 12/12 12:47 PM
CASE MANAGEMENT REPORT. (Killinger, Bradley)
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13 13 misc Corporate Disclosure Statement Tue 12/12 12:02 PM
CORPORATE Disclosure Statement by MAG Mutual Insurance Company identifying Corporate Parent MAG Mutual Holding Company, Other Affiliate MAGMUTUAL Intermediary Holding Company for MAG Mutual Insurance Company.. (Alhadeff, Seth)
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12 12 misc Corporate Disclosure Statement Tue 12/12 11:48 AM
RULE 26(a)(1) Disclosure by Endoscopy Center of Ocala, Inc., Richard Bruce Van Eldik. (Killinger, Bradley) (Modified on 12/12/2023, to edit text) (BGR)
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11 11 misc Corporate Disclosure Statement Tue 12/12 11:42 AM
DISCLOSURE Statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 by Endoscopy Center of Ocala, Inc., Richard Bruce Van Eldik. (Killinger, Bradley) (Modified on 12/12/2023, to edit text) (BGR)
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10 10 notice Notice of a Related Action Tue 12/12 11:36 AM
NOTICE of a related action 2017-CA-2122 per Local Rule 1.07(c) by Endoscopy Center of Ocala, Inc., Richard Bruce Van Eldik. Related case(s): Yes (Killinger, Bradley)
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utility Set/reset scheduling order deadlines - PUBLIC Wed 12/13 8:54 AM
Set scheduling order deadlines: Defendant disclosure of expert report due by 5/30/2024. Plaintiff disclosure of expert report due by 4/30/2024 (AJS)
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Wednesday, November 15, 2023
9 9 notice Notice to Counsel of Local Rule Wed 11/15 12:38 PM
NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (SMB)
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8 8 notice Notice to Counsel of Local Rule Wed 11/15 12:37 PM
NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (SMB)
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Wednesday, November 01, 2023
7 7 misc Jury demand Wed 11/01 5:58 PM
DEMAND for trial by jury by MAG Mutual Insurance Company. (Alhadeff, Seth)
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Wednesday, October 25, 2023
6 6 answer Answer to Complaint Wed 10/25 2:37 PM
Defendant, MAG Mutual Insurance Company's ANSWER and affirmative defenses to Complaint by MAG Mutual Insurance Company.(Alhadeff, Seth)
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Monday, October 23, 2023
5 5 notice Notice of Lead Counsel Designation Mon 10/23 11:54 AM
NOTICE of Lead Counsel Designation by Seth Victor Alhadeff on behalf of MAG Mutual Insurance Company. Lead Counsel: Seth Alhadeff. (Alhadeff, Seth)
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Thursday, October 19, 2023
4 4 notice Notice to Counsel of Local Rule Thu 10/19 11:59 AM
NOTICE to counsel of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LD)
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Wednesday, October 18, 2023
3 3 utility Case Assigned/Reassigned Wed 10/18 4:48 PM
NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:23-cv-626-JSM-PRL. (ARC)
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2 2 notice Notice (Other) Wed 10/18 4:07 PM
NOTICE by MAG Mutual Insurance Company re1 Notice of Removal Defendant, MAG Mutual Insurance Company's Notice of Filing Amended Exhibit B to the Notice of Removal [D.E.1](Alhadeff, Seth)
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Att: 1 Exhibit Amended Exhibit B
1 1 notice Notice of Removal Wed 10/18 3:17 PM
COMPLAINT and NOTICE OF REMOVAL to The United States District Court for the Middle District of Florida from 5th Judicial Circuit Court, In and For Lake County, Florida, case number 2023-CA-002100 filed in State Court on 05/24/2023. Filing fee $402, receipt number AFLMDC-21368204 filed by MAG Mutual Insurance Company.(Alhadeff, Seth) Modified on 10/19/2023 (LD)
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Att: 1 Exhibit Ex. A - Complaint with Exhibits,
Att: 2 Exhibit Ex. B - State Court Docket Sheet,
Att: 3 Exhibit Ex. C - Return of Service,
Att: 4 Exhibit Ex. D - Endoscopy Center Filing w. Secretary of State,
Att: 5 Exhibit Ex. E - Van Eldik Information,
Att: 6 Exhibit Ex. F - Declaration of Kara Cleary,
Att: 7 Exhibit Ex. G - Mag Mutual Annual Report 2023 Sec of State,
Att: 8 Exhibit Ex. H - State Court Removal,
Att: 9 Civil Cover Sheet