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Contract analysis / proposed-order-of-dismissal.docx
proposed-order-of-dismissal.docx
High · 0
Medium · 1
Standard · 1
1. Dismissal with Prejudice. All claims, counterclaims, crossclaims, and causes of action
1. Dismissal with Prejudice. All claims, counterclaims, crossclaims, and causes of action asserted in this action by Plaintiff Verimark Hospitality Group Inc. against Defendants Ironclad Indemnity Corporation, Pinnacle Surplus Lines Inc., Montclair Assurance Company, and Sovereign Re Ltd. are hereby DISMISSED WITH PREJUDICE.
2. Dismissal of Counterclaims and Affirmative Defenses. All counterclaims and affirmative
2. Dismissal of Counterclaims and Affirmative Defenses. All counterclaims and affirmative defenses asserted by any Defendant in this action are likewise DISMISSED WITH PREJUDICE.
3. Costs and Attorneys' Fees. Each party shall bear its own costs and attorneys' fees inc
Standard
⚑ Commercial term
3. Costs and Attorneys' Fees. Each party shall bear its own costs and attorneys' fees incurred in connection with this action, except as may otherwise be provided by separate written agreement among the parties, the terms of which are not incorporated herein.
4. Retention of Jurisdiction. The Court shall retain jurisdiction solely for the purpose
4. Retention of Jurisdiction. The Court shall retain jurisdiction solely for the purpose of enforcing the terms of the parties' settlement agreement, if necessary, upon motion by any party.
5. Pending Motions. All pending motions are hereby DENIED AS MOOT, including but not limi
Medium
⚑ Liability cap to check against exposure
5. Pending Motions. All pending motions are hereby DENIED AS MOOT, including but not limited to: (a) Plaintiff's Motion for Partial Summary Judgment re: Windstorm Sub-Limit, filed November 1, 2023; and (b) Defendants' Cross-Motion for Partial Summary Judgment, filed November 15, 2023.
6. Finality. This Order is final and disposes of all issues and all parties in Case No. 2
6. Finality. This Order is final and disposes of all issues and all parties in Case No. 2022-CA-031547. There is no just reason for delay. DONE AND ORDERED in Miami-Dade County, Florida, this \\\\\\ day of January, 2024. ________________________________________ HON. CATHERINE EMBRY Circuit Court Judge Eleventh Judicial Circuit of Florida Copies furnished to: Elaine Forsythe, Esq. and Tiffany Rosenthal, Esq. Calderwoo