IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2022-CA-031547
VERIMARK HOSPITALITY GROUP INC., a Delaware corporation,
Plaintiff,
v.
IRONCLAD INDEMNITY CORPORATION, a Connecticut corporation; PINNACLE SURPLUS LINES INC., a Texas corporation; MONTCLAIR ASSURANCE COMPANY, a New York corporation; and SOVEREIGN RE LTD., a Bermuda entity,
Defendants.
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ORDER OF DISMISSAL WITH PREJUDICE
THIS MATTER came before the Court upon the Joint Stipulation of Dismissal with Prejudice filed by all parties on January 5, 2024. The Court has reviewed the Joint Stipulation, the court file, and is otherwise fully advised in the premises.
The parties have represented to the Court that they have reached a full and final settlement resolving all claims, counterclaims, crossclaims, and disputes in this action. The Joint Stipulation was executed by counsel for all parties, specifically: Elaine Forsythe, Esq. and Tiffany Rosenthal, Esq. of Calderwood & Harkness LLP, counsel for Plaintiff Verimark Hospitality Group Inc.; Gregory Stanton, Esq. and Meredith Liang, Esq. of Fendowell Rourke & Stanton LLP, counsel for Defendants Ironclad Indemnity Corporation and Pinnacle Surplus Lines Inc.; and Patricia Kraus, Esq. and Raymond Cho, Esq. of Delvecchio & Kraus LLP, counsel for Defendants Montclair Assurance Company and Sovereign Re Ltd.
Based upon the foregoing, and the Court finding good cause therefor, it is hereby
ORDERED AND ADJUDGED as follows:
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 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 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 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 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. 2022-CA-031547. There is no just reason for delay.
DONE AND ORDERED in Miami-Dade County, Florida, this \\\\\\ day of January, 2024.
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HON. CATHERINE EMBRY Circuit Court Judge Eleventh Judicial Circuit of Florida
Copies furnished to:
Elaine Forsythe, Esq. and Tiffany Rosenthal, Esq. Calderwood & Harkness LLP 333 SE 2nd Avenue, Suite 4400 Miami, FL 33131 Counsel for Plaintiff Verimark Hospitality Group Inc.
Gregory Stanton, Esq. and Meredith Liang, Esq. Fendowell Rourke & Stanton LLP 101 E. Kennedy Boulevard, Suite 3900 Tampa, FL 33602 Counsel for Defendants Ironclad Indemnity Corporation and Pinnacle Surplus Lines Inc.
Patricia Kraus, Esq. and Raymond Cho, Esq. Delvecchio & Kraus LLP 425 Park Avenue, 20th Floor New York, NY 10022 Counsel for Defendants Montclair Assurance Company and Sovereign Re Ltd.
Proposed order submitted by Plaintiff's counsel, Calderwood & Harkness LLP, for the Court's consideration.