UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-23649-BLOOM/Becerra

ARLEN HOUSE CONDOMINIUM

ASSOCIATION, INC., and ARLEN

HOUSE WEST CONDOMINIUM

ASSOCIATION, INC,

Plaintiffs, 

v. 

ROCKHILL INSURANCE COMPANY, 

et al., 

Defendants. 

__________________________________/ 

OMNIBUS ORDER ON MOTION FOR LEAVE 

TO AMEND COMPLAINT AND MOTION TO EXTEND DISCOVERY

THIS CAUSE is before the Court upon Plaintiffs Arlen House Condominium Association, 

Inc. (“Arlen House”) and Arlen House West Condominium Association, Inc.’s (“Arlen House 

West”, together “Plaintiffs”) Motion for Leave to Amend Complaint to Add a Party Defendant, 

ECF No. [118] (“Motion to Amend”), and Motion to Extend Discovery and Mediation Deadlines 

Pending Ruling for Leave to Amend Complaint to Add Party Defendant, ECF. No. [119] (“Motion 

to Extend Discovery”). Defendant Rockhill filed a Response, ECF No. [122]. The Court has 

considered the Motions and is otherwise fully advised. For the following reasons, the Motion to 

Amend is granted, and the Motion to Extend Discovery is granted. 

In the Motion to Amend, Plaintiffs request that the Court grant Plaintiffs leave to amend 

the Amended Complaint, ECF No. [65], to add Liberty Surplus Insurance Corporation (“Liberty 

Surplus”), a party that Plaintiffs had named in its Complaint, ECF No. [1], but later removed based 

on Liberty Surplus’s argument that the claim against it was not ripe. ECF No. [118] at 2. Plaintiffs 

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represent that, during the course of discovery, Defendant Rockhill Insurance Company (“Rockhill”) 

provided copies of “Skinner Select” insurance policies Rockhill claims set forth additional terms of 

coverage for the Plaintiffs. Id. at 3. 

Plaintiffs further represent that Rockhill has affirmatively indicated it has less than $10 

million to satisfy the Plaintiffs’ claim, and Rockhill maintains that the next layer of coverage, in 

the amount of $15 million, is set forth within the Market Appendix. Id. Moreover, Plaintiffs assert 

that records that Rockhill has provided show that its own hired independent adjusting firm set the 

net estimate of loss after application of wind deductible at over $17 million. Id. Thus, Plaintiffs 

argue that the matter is now ripe for the addition of Liberty Surplus given the probable threat of 

exhaustion of Rockhill’s resources under the policy, as well as Liberty Surplus’s previously 

acknowledged layer of coverage. Id. 

Defendant Rockhill takes no position regarding the Motion to Amend but asserts that the 

Motion is futile based upon the applicable statute of limitations. 

“District courts are required to ‘enter a scheduling order that limits the time to . . . join 

other parties and to amend the pleadings . . .’[.]” See Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 

1418 (11th Cir. 1998) (quoting Fed. R. Civ. P. 16(b)). “Such orders ‘control the subsequent course 

of the action unless modified by a subsequent order,’ . . . and may be modified only ‘upon a 

showing of good cause.’” Id. (citation omitted). “This good cause standard precludes modification 

unless the schedule cannot ‘be met despite the diligence of the party seeking the extension.’” Id. 

(citations omitted). 

In this case, the Court entered an Order Setting Trial and Pre-Trial Schedule, Requiring 

Mediation, and Referring Certain Matters to Magistrate Judge, setting February 6, 2023 as the 

deadline for the parties to amend pleadings or join parties. ECF No. [71] at 2. Moreover, the Court 

entered an Order Amending Scheduling Order and Certain Pretrial Deadlines, which set the 

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deadline for the parties to complete discovery by January 17, 2024. ECF No. [108] at 2. Plaintiffs 

filed the Motion to Amend on December 15, 2023. 

The Court finds that the probable threat of exhaustion of Rockhill’s resources, together 

with the potential availability of another layer of insurance coverage, provides good cause for the 

Court to grant Plaintiffs’ Motion to Amend. The Court finds that Rockhill’s claim of futility does 

not change the result. An affirmative defense that the applicable statute of limitations bars the 

Plaintiff’s claim is one to be asserted by the re-joined Defendant, Liberty Surplus, and not by 

Defendant Rockhill.

Accordingly, the Court amends the Scheduling Order and permits Plaintiffs to file a Second 

Amended Complaint.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. The Motion for Leave to Amend Complaint to Add a Party Defendant, ECF No. 

[118], is GRANTED.

2. Plaintiffs shall separately file a Second Amended Complaint in accordance with the 

Local Rules. See S.D. Fla. L.R. 15.1.

3. Plaintiffs shall serve Liberty Surplus by February 1, 2024.

4. The parties have leave to reschedule mediation in accordance the schedule set forth 

below.

5. The Motion to Extend Discovery and Mediation Deadlines Pending Ruling for 

Leave to Amend Complaint to Add Party Defendant, ECF No. [119], is 

GRANTED.

6. The Order Amending Scheduling Order and Certain Pretrial Deadlines, ECF No. 

[108], is AMENDED as follows.

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a. This case is set for trial during the Court’s two-week trial calendar 

beginning on August 12, 2024, at 9:00 a.m. 

b. Calendar call will be held at 1:45 p.m. on Tuesday, August 6, 2024. No 

pre-trial conference will be held unless a party requests one at a later date 

and the Court determines that one is necessary. Unless instructed otherwise 

by subsequent order, the trial and all other proceedings in this case shall be 

conducted in Courtroom 10-2 at the Wilkie D. Ferguson, Jr. United 

States Courthouse, 400 North Miami Avenue, Miami, FL 33128. The 

parties shall adhere to the following schedule: 

April 2, 2024 Parties exchange rebuttal expert witness summaries or reports.

April 16, 2024 All discovery, including expert discovery, is completed.

April 30, 2024 Parties must have completed mediation and filed a mediation report.

May 8, 2024 All pre-trial motions, motions in limine, and Daubert motions (which 

include motions to strike experts) are filed. This deadline includes all 

dispositive motions. 

July 29, 2024 Parties submit joint pre-trial stipulation in accordance with Local Rule 

16.1(e), proposed jury instructions and verdict form, or proposed findings 

of fact and conclusions of law, as applicable.

DONE AND ORDERED in Chambers at Miami, Florida, on January 5, 2024. 

_________________________________ 

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to: 

Counsel of Record 

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