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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

KAREN DURDEN and

MICHAEL DURDEN,

Plaintiff,

v. CASE NO.: 5:20-cv-00106-AW-MJF

AIG PROPERTY CASUALTY COMPANY,

Defendant. 

___________________________________/

JOINT REPORT FOR PARTIES’ PLANNING CONFERENCE

AND PROPOSED ALTERNATIVE DISCOVERY AND 

SCHEDULING DEADLINES

The parties, pursuant to Rule 26(f), Federal Rules of Civil Procedure, and this 

Court’s April 8, 2020, Initial Scheduling Order (Doc. 3), hereby file the following 

Joint Report for the Parties’ Planning Conference and would state as follows:

1. CONFERENCE ATTENDANCE

On May 5, 2020, counsel for Plaintiffs, Michael P. Dickey, Esq., and counsel 

for Defendant, Thomas J. Moody, Esq., attended, by telephone, a Joint Planning 

Conference in this matter. Counsel jointly states that the following statements and 

proposed deadlines were agreed upon by both parties and respectfully requests this 

Court adopt the parties’ proposed deadlines.

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2. MAGISTRATE JURISDICTION

Pursuant to Local Rule 73.1, the parties have conferred regarding Magistrate 

Judge jurisdiction over this case.

3. NATURE AND BASIS OF CLAIMS AND DEFENSES

Plaintiff states the Durdens owned a home in Panama City Beach that was 

insured under a policy issued by defendant AIG. The home was badly damaged in 

Hurricane Michael. The Durdens contend that AIG breached its obligations under 

the policy by not paying the claim in accordance with the policy’s express terms, 

and not diligently adjusting the claim once AIG was on notice of the loss. The 

Durdens are entitled to attorneys’ fees and costs pursuant to sec. 627.428, Florida 

Statutes.

Defendant states that Plaintiffs’ cause of action is based upon an insurance 

contract, and Defendant’s duties and obligations are determined by the insurance 

contract. Defendant further states that is has complied with all of its duties and 

obligations set forth in the insurance contract. Plaintiffs have exaggerated and 

inflated their purported damages, and mischaracterized purported damages that are 

expressly excluded from coverage under the policy. Defendant further states that 

Plaintiffs have failed to comply with Plaintiffs’ duties and obligations under the 

insurance contract, and have failed to comply with the Duties After Loss provision 

of the policy. Moreover, Plaintiffs materially breached the policy, and voided 

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coverage as a matter of law. Defendant states that it does not owe Plaintiffs any 

money or other relief for the claimed loss described in the Amended Complaint.

4. PROMPT SETTLEMENT POSSIBILITY

Prompt settlement or resolution may be assisted by mediation.

5. PARTIES DISCOVERY REQUIREMENTS

The parties proposed discovery requirements and dates are set forth in the 

table below. Otherwise, the parties state that discovery will commence immediately. 

A. Disclosure or production will be limited to data reasonably 

available to the parties in the ordinary course of business.

B. The parties will make every effort to produce the electronic 

documents either via electronic dropbox/file sharing, compact discs, flash drives, or 

electronic mail.

6. DISCOVERY OF ELECTRONIC OR COMPUTER BASED 

MEDIA 

The parties will likely request or produce information from electronic or 

computer-based media.

A. Disclosure or production will be limited to data reasonably 

available to the parties in the ordinary course of business.

B. The parties will make every effort to produce the electronic 

documents either via electronic dropbox/file sharing, compact discs, flash drives, or 

electronic mail.

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C. The parties agree that reasonable measures have been taken to 

preserve potentially discoverable data from alteration or destruction in the ordinary 

course of business.

D. If privileged information is inadvertently produced, the parties 

will comply with Fed. R. Evid. 502 and Fed. R. Civ. P. 26(b)(5)(B).

No other problems are anticipated by the parties in connection with 

electronic discovery.

7. TRIAL DATE ESTIMATE 

The parties estimate that this matter will be ready and counsel will be available 

for trial in the weeks beginning April 5, April 12, May 10, or May 17, 2021. These 

dates not only account for the anticipated discovery to be completed in this matter, 

but also contemplate lead counsels’ current and pending trial commitments. Further, 

all counsel agree that this matter could not be prepared for trial before April 5, 2021. 

Therefore, undersigned counsel and the parties respectfully request this Court accept 

these proposed trial dates. Upon detailed review of the calendars of both parties, both 

parties agree that April 5, 2021 is the first mutually agreeable time that lead counsel 

for both parties have availability.

8. RULE 26(a)(1) DISCLOSURES

The parties will complete Rule 26(a)(1) disclosures on or before May 22, 

2020. The parties request that the Court accept this change to the Initial Scheduling 

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Order because the parties reasonably anticipate that they will be unable to receive 

and review materials necessary for completing the Rule 26(a)(1) disclosures prior to

May 22, 2020.

9. MANUAL FOR COMPLEX LITIGATION 

This case should not be subject to the Manual for Complex Litigation.

10. PARTIES PROPOSED TIMETABLES AND DEADLINES

EVENT PROPOSED DATES

Join Parties and Amend Pleadings Plaintiffs – May 20, 2020 

Defendant – May 27, 2020

Mandatory Initial Disclosures, pursuant 

to Fed.R.Civ.P. 26(a)(1) 

All Parties – May 22, 2020 

Mediator must be selected September 1, 2020 

Expert Witness Disclosure Plaintiffs – September 30, 2020

Defendant – October 30, 2020 

Witness and Exhibit List Under Rule 26(a)(3), in accordance 

with the Court’s Scheduling Order to 

be entered after completion of 

discovery 

Mediation shall begin by November 13, 2020 

Mediation shall be completed by November 27, 2020 

Discovery Deadline January 29, 2021

Dispositive & Daubert Motions March 1, 2021

Joint Final Pretrial Statement March 19, 2021

All Other Motions Including Motions 

in Limine 

March 19, 2021

Final Pretrial Conference In accordance with the Court’s Final 

Scheduling Order and Order Setting 

Trial 

Trial Term Begins Per Court Order 

Estimated Length of Trial 5 days 

Jury/Non-Jury Jury 

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Dated: May 20, 2020

CLAUSEN MILLER P.C.

4830 West Kennedy Blvd., #600

Tampa, FL 33609

Telephone: 312-606-7782

TMoody@clausen.com

Attorneys for Defendant

By: /s/ Thomas J. Moody 

THOMAS J. MOODY

Florida Bar No.: 123618

DUNLAP & SHIPMAN, P.A. 

2063 S. County Hwy 395

Santa Rosa Beach, FL 32459

Telephone: 850-231-3315

mdickey@dunlapshipman.com

Attorneys for Plaintiff

By: /s/ Michael P. Dickey

MICHAEL P. DICKEY

Florida Bar No.: 115606

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