RSUI Indemnity Company v. Desai et al

Filing 142

ORDER: The Report and Recommendation 141 of the Magistrate Judge is adopted, confirmed, and approved in all respects. The Dispositive Joint Motion to Enforce Settlement Against Defendants Akshay M. Desai and Seema Desai and Request to Remove from Trial Docket and Continue all Deadlines 116 is DENIED. This case is re-opened and the stay is lifted. The case is set for the Court's December 2017 term. The Court will issue a Fifth Amended Case Management and Scheduling Order. Signed by Judge James S. Moody, Jr on 11/28/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
RSUI INDEMNITY COMPANY,
Plaintiff,
v.

Case No: 8:13-cv-2629-T-30TGW

AKSHAY M. DESAI, SANDIP I. PATEL,
SEEMA DESAI, JEFF LUDY, DEEPAK
DESAI, STEVEN J. SCHAEFER, THE
FLORIDA DEPARTMENT OF
FINANCIAL SERVICES and
UNIVERSAL HEALTH CARE GROUP,
INC.,
Defendants.

ORDER
THIS CAUSE is before the Court on the Report and Recommendation submitted
by Magistrate Judge Thomas G. Wilson (Dkt. #141). The Court notes that neither party
filed written objections to the Report and Recommendation and the time for filing such
objections has elapsed.
In this declaratory judgment action concerning the application of a Directors and
Officers Liability policy, the plaintiff and all but two defendants believe that all the parties
reached a settlement agreement, and these parties moved for an order enforcing that
purported settlement. Defendants Akshay and Seema Desai, believing that no such
agreement was ever reached, opposed the motion. The Court referred the matter to
Magistrate Judge Wilson, who held a hearing on the motion. Judge Wilson then issued a

Report and Recommendation that painstakingly detailed the history of this case and, more
important, the history of the negotiations between the parties.
The Court has carefully considered the Report and Recommendation and
independently examined the record. The Court is of the opinion that the Magistrate Judge's
Report and Recommendation should be adopted, confirmed, and approved in all respects.
It is therefore ORDERED AND ADJUDGED that:
1.

The Report and Recommendation (Dkt. #141) of the Magistrate Judge is

adopted, confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.
2.

The Dispositive Joint Motion to Enforce Settlement Against Defendants

Akshay M. Desai and Seema Desai and Request to Remove from Trial Docket and
Continue all Deadlines (Dkt. 116) is DENIED.
It is further ORDERED AND ADJUDGED that:
1.

This case is re-opened and the stay is lifted.

2.

The case is set for the Court’s December 2017 term.

3.

The Court will issue a Fifth Amended Case Management and Scheduling
Order.

DONE and ORDERED in Tampa, Florida, this 28th day of November, 2016.

Copies Furnished To:
Counsel/Parties of Record

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