Sai Hospitality Management Company, LLC v. Rockhill Insurance Company
This text of Sai Hospitality Management Company, LLC v. Rockhill Insurance Company (Sai Hospitality Management Company, LLC v. Rockhill Insurance Company) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SAI HOSPITALITY MANAGEMENT COMPANY, LLC, a Georgia Limited Liability Company,
Plaintiff,
v. Case No. 2:20-cv-00280-JLB-MRM
ROCKHILL INSURANCE COMPANY,
Defendant.
ORDER Defendant Rockhill Insurance Company (“Rockhill”) moves, in part, to strike Plaintiff Sai Hospitality Management Company, LLC’s (“SHMC”) request for consequential damages in its amended complaint. (Docs. 11, 17.) On January 21, 2021, the Florida Supreme Court held that extra-contractual, consequential damages are not permitted in first-party breach-of-contract actions that do not involve bad faith. See Citizens Prop. Ins. Corp. v. Manor House, LLC, No. SC19- 1394, 2021 WL 208455, at *4 (Fla. Jan. 21, 2021). The parties are DIRECTED to provide supplemental briefing on whether the Florida Supreme Court’s recent decision in Manor House resolves their dispute on whether consequential damages are appropriate in this case. If so, the parties shall advise the Court which issues in Rockhill’s motion remain to be resolved.1
1 The Court notes that Rockhill’s motion to dismiss Count II of the amended complaint is unopposed—the parties’ sole point of contention appears to be whether the dismissal should be with or without prejudice. SHMC shall file its supplemental brief no later than February 1, 2020. Rockhill shall file a supplemental brief no later than February 8, 2020. Neither of the briefs shall exceed five pages in length. If the parties do not dispute the effect of Manor House on this case, they are permitted and encouraged to file a joint brief in response to this Order. Similarly, the parties are encouraged to confer and amicably resolve any other issues in Rockhill’s pending motion. ORDERED in Fort Myers, Florida, on January 25, 2021. Led Ay □
JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE
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