Greg and Patricia,
Happy New Year to you both. I hope you each had a restful holiday.
I am writing with regard to *Verimark Hospitality Group Inc. v. Ironclad Indemnity Corporation, Pinnacle Surplus Lines Inc., Montclair Assurance Company, and Sovereign Re Ltd.*, Case No. 2022-CA-031547, pending before the Honorable Catherine Embry in the Eleventh Judicial Circuit of Florida, Miami-Dade County. I am circulating the final, agreed-upon versions of the Joint Stipulation of Dismissal with Prejudice and the accompanying Proposed Order of Dismissal for your review and execution.
Please find attached the following two documents:
1. **Joint Stipulation of Dismissal with Prejudice** (final version) — This version incorporates all edits received from both Fendowell Rourke & Stanton and Delvecchio & Kraus since the draft was initially circulated on December 22, 2023. No substantive changes have been made from that draft; the only revisions are minor formatting corrections.
2. **Proposed Order of Dismissal** — This proposed order is for submission to Judge Embry and provides for the dismissal of all claims and counterclaims with prejudice, with each party to bear its own costs and attorneys' fees except as otherwise agreed among the parties.
The stipulation reflects the dismissal of all claims and counterclaims with prejudice, consistent with the terms of the Settlement Agreement and Mutual Release executed by the parties on December 19, 2023.
With respect to signatures, I would ask the following:
- **Greg** — please obtain signatures on behalf of Ironclad Indemnity Corporation and Pinnacle Surplus Lines Inc. - **Patricia** — please obtain signatures on behalf of Montclair Assurance Company and Sovereign Re Ltd.
I would appreciate it if you could return fully executed signature pages — or, alternatively, confirm authorization to affix electronic signatures — by no later than **Thursday, January 4, 2024**. This will allow Calderwood & Harkness to file the stipulation and proposed order with the Court on Friday, January 5, 2024. We will file on behalf of all parties once all signatures are in hand.
Upon receipt of all executed signature pages, we will e-file the stipulation and proposed order via the Florida Courts E-Filing Portal with the Clerk of the Eleventh Judicial Circuit. I will circulate file-stamped copies to all counsel once the filing has been confirmed.
Thank you both — and your respective teams — for your cooperation throughout this process and in bringing this matter to a smooth conclusion. Please do not hesitate to call or email if you have any questions.
Best regards,
**Tiffany Rosenthal** Calderwood & Harkness LLP 333 SE 2nd Avenue, Suite 4400 Miami, FL 33131 Tel: (305) 555-7200 Email: trosenthal@calderwoodharkness.com
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