Allied World Assurance Company v. Lee Memorial Health System et al

Filing 45

ORDER re 43 Notice (Other) filed by Allied World Assurance Company. Defendant Lee Memorial Health System is DIRECTED to do one of the following on or before October 1, 2018: File a supplemental response of no more than 3 pages; or Re-file the original Response in Opposition (Doc. 40) with any additions or corrections. Signed by Judge Sheri Polster Chappell on 9/26/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ALLIED WORLD ASSURANCE
COMPANY,
Plaintiff,
v.

Case No: 2:18-cv-158-FtM-38CM

LEE MEMORIAL HEALTH SYSTEM,
LESLEY HOLMAN, DOMINGO
PEREZ TROY and MARIA PEDRO
RUPERTO,
Defendants.
/
ORDER1
Before the Court is Allied World Assurance Company’s Notice of Filing Exhibit
(Doc. 43) and the attached Exhibit A, which Allied inadvertently omitted from its Motion
for Judgment on the Pleadings (Doc. 37). Exhibit A purports to be a letter sent from Lee
Health to Allied on December 1, 2017, in response to a request for information. In
paragraph 36 of its Answer, Lee Health admitted that it sent a response to Allied on
December 1, 2017 (Doc. 25 at ¶ 36), and Lee Health’s Response to Allied’s Motion
references a December 1, 2017 letter (Doc. 40). But because of Allied’s late submission

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of Exhibit A, Lee Health might not have had an opportunity to review it before filing its
Response.
Accordingly, it is now
ORDERED:
Defendant Lee Memorial Health System is DIRECTED to do one of the following
on or before October 1, 2018:
1. File a supplemental response of no more than 3 pages; or
2. Re-file the original Response in Opposition (Doc. 40) with any additions or
corrections.
DONE and ORDERED in Fort Myers, Florida this 26th day of September, 2018.

Copies: All Parties of Record

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