ABORTION INDUSTRY IN MELBOURNE, FLORIDA
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
DEFENDANTS' SUGGESTION OF DEFAULT BY INSURANCE THIRD PARTY DEFENDANTS
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
AWARE WOMAN CENTER FOR CHOICE, INC., A Florida Corporation, PATRICIA BAIRD-WINDLE, and EDWARD WINDLE,
Third Party Plaintiffs,
SPHERE DRAKE INSURANCE COMPANY PLC, aka ODYSSEY RE LTD LONDON, and WESTCO CLAIMS MANAGEMENT SERVICES, INC., Foreign business entities,
Third Party Defendants.
SUGGESTION OF DEFAULT BY INSURANCE THIRD PARTY DEFENDANTS AS TO MOTION OF AWCC FOR PARTIAL SUMMARY JUDGMENT
AWCC respectfully suggests that the Third Party Insurance defendants are in material default on the pending motion for partial summary judgment. In support thereof, AWCC makes this statement and declaration:
1. On August 11, 1998, AWCC sent by certified mail, return receipt requested, the Rule 14 Third Party Complaint, and motion for leave to file, to third party defendant Westco, William Obecny, Senior Claims Examiner. Mr Obecny is the principal individual handling the AWCC claim against the insurance companies.
2. The return receipt, copy appended hereto, is dated August 17, 1998, some three months or 96 days ago, a quarter of a year.
3. Westco is the claims agent for the other insurance entities. Counsel for Westco, Mr Sift, notified AWCC that he would accept service and defend for all third party defendants.
4. On good information and belief, Mr Sift received all insurance litigation documents shortly after August 17, 1998, well over ninety days ago. The initial AWCC motion for leave stated: "AWCC will seek partial summary judgment after 20 days, based upon straightforward facts material to coverage."
5. AWCC followed as promised with a Motion for Partial Summary Judgment, memorandum, exhibits, and appendix of case law.
6. The Court entered a Milburn order mandating a response by October 13, 1998, well over thirty days ago. The insurance entities have ignored the Milburn order, made no response, and asked for no relief from the Court, according to the docket sheet, which has been regularly reviewed by counsel for AWCC and for Mr Raney. In other words, all non-insurance counsel make an attempt to monitor the docket periodically, even when that entails a long trip.
7. The insurance entities have had weeks and weeks of notice. They are in serious and deliberate default. They should not be allowed to ignore this Court with impunity and sidetrack this litigation into collateral directions that would further burden the already beleaguered and struggling AWCC.
8. AWCC accordingly suggests that the partial summary judgment be entered promptly, in a form such as the appended proposed order.
Roy Lucas <signed>
DC # 153957
c/o PO Box 1433
Melbourne, FL 32902-1433
FL # 0186018
2805 Lakeview Drive
Fern Park, FL 32730
ATTORNEYS FOR AWCC ET AL INSURED.
CERTIFICATE OF SERVICE AND RULE 3.01 COMPLIANCE:
This Suggestion of Default, exhibit thereto, and proposed Order, have been served by first class mail dispatched this 16th day of November, 1998, to Lawrence Siff, Esq, PO Box 149022, Coral Gables, FL 33114-9022, and Christopher Sapp, Esq, PO Box 1012, Lehigh Acres, FL 33970. The filing concerns a dispositive matter and pending motion, and does not require Rule 3.01 consultation.
BY: Roy Lucas <signed>
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