This Stipulation is entered into by and amongthe parties hereto, through their respective undersigned attorneys, with reference to the following facts: WHEREAS,on November 18, 2021, the Court entered an ordersetting pre-trial deadlines (the “Scheduling Order,” NYSCEF No. 246); WHEREAS, underthe Scheduling Order, the production of all documents not subject to unresolved objections was to be completed by December 16, 2021; _ WHEREAS, after service of the requests for disclosure and the responses thereto and document productions, certain disputes arose concerning the parties’ discovery obligations; WHEREAS,byletters dated February 2, 2022, the parties separately informed the Court of certain of these discovery disputes on which the parties had met and conferred but had reached impasse, in addition to other disputes on which the parties reserved rights;

WHEREAS,in an order dated February 4, 2022, the Court directed the parties to meet and confer with regard to retaining a private Special Referee to managethe parties’ discovery disputes (NYSCEFNo.

271); | | WHEREAS,on April 5, 2022, the Court entered an order(i) appointing a private Special Referee to managethe parties’ discovery disputes,(ii) suspending the deadlinesin'the Scheduling Order, to be replaced by an amended scheduling order pending the parties’ joint submission of a proposed amended scheduling order to befiled within fourteen (14) business days ofthe entry of the order and (iii) providing that the amended scheduling ordershall set an end dateof fact ‘discovery ofNovember 30, 2022 (NYSCEFNo.286); cad WHEREAS,the parties have conferred and propose that the deadlines in the Scheduling Order be amendedas follows:

- 6, This Stipulation may be executed in two or more counterparts, each ofwhichshall be deemed anoriginal, but all of which shall constitute one and the same instrument.

Attorneysfor Defendant Aviva Insurance’ Company of Canada, as successor to Commercial Union Assurance Co., Ltd. COUGHLIN DUFFY,LLP .

This Stipulation is entered into by and among the parties hereto, through their respective undersigned attorneys, with reference to the following facts: WHEREAS, on November 18, 2021, the Court entered an order setting pre-trial deadlines (the “Scheduling Order,” NYSCEF No. 246); WHEREAS, under the Scheduling Order, the production of all documents not subject to unresolved objections was to be completed by December 16, 2021; WHEREAS, after service of the requests for disclosure and the responses thereto and document productions, certain disputes arose concerning the parties’ discovery obligations; WHEREAS, by letters dated February 2, 2022, the parties separately informed the Court of certain of these discovery disputes on which the parties had met and conferred but had reached impasse, in addition to other disputes on which the parties reserved rights;

WHEREAS, in an order dated February 4, 2022, the Court directed the parties to meet and confer with regard to retaining a private Special Referee to manage the parties’ discovery disputes (NYSCEF No. 271); WHEREAS, on April 5, 2022, the Court entered an order (i) appointing a private Special Referee to manage the parties’ discovery disputes, (ii) suspending the deadlines in the Scheduling Order, to be replaced by an amended scheduling order pending the parties’ joint submission of a proposed amended scheduling order to be filed within fourteen (14) business days of the entry of the order and (iii) providing that the amended scheduling order shall set an end date of fact discovery of November 30, 2022 (NYSCEF No. 286); WHEREAS, the parties have conferred and propose that the deadlines in the Scheduling Order be amended as follows: Event Deadline under Scheduling Order Proposed Amended Deadline Completion of fact depositions.

April 4, 2022 October 28, 2022 Completion of fact discovery.

June 1, 2022 January 20, 2023 Deadline to serve expert rebuttal reports.

This Stipulation may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

neta enoctennnenntoeiomnesiawthwimweineronones ementsX ’ WHEREAS,the parties to this action served requests for disclosure, including demandsfor discovery and inspection and interrogatories, and corresponding responses to these requests, pursuant to CPLR Article 31; WHEREAS,after service of the requests for disclosure and the responses thereto, certain disputes arose concerningthe parties’ disclosure obligations; WHEREAS,byletters dated February 2, 2022,the parties separately informed the Court ofcertain ofthese disclosure disputes on which the parties had met and conferred but had reached impasse, in addition to other disputes on which the parties reserved rights; | WHEREAS,in an order dated February 4, 2022, the Court directed the partiesto (i) meet and confer with regard to retaining a private Special Referee to managethe parties’ discovery

ofJAMS should be appointed, pursuantto CPLR 3104, as the private Special Referee to supervise disclosure in this action, with all ofthe powers ofthe Court specifiedunder CPLR 3104(c) available to him; WHEREAS,the parties further agree that any application for review of an order of the private Special Referee shall be made pursuant to CPLR 3104(d), provided, however, that an application for reviewshall bedeemedtimely for all purposes under CPLR 3104(d)ifthe motion is made within ten (10) business daysafter the Ruling to be reviewed is madein writing and issued via emailto all parties by the private Special Referee; WHEREAS,the parties agree that the private Special Referee’s fees and costs for his service will be paid by the parties; WHEREAS, the discovery scheduleiin this action is set forth in an order dated November 18, 2021 (the “Scheduling Order,” NYSCEF No. 246), under which fact depositions areto be ~ completed by April4, 2022: ; | WHEREAS, the parties request that the Scheduling Order be amended in light of the .

Within fourteen (14) business days ofhis appointment, the private Special Referee shall establish procedures to be implemented for the resolution of discovery disputes.

The private Special Referee shall report all rulings either (i) in writing accompanied by a statementofreasonsor(ii) on the transcript, if made at a hearing on the disputed issues and the private Special Referee so-orders the transcript (either, a “Ruling”), and shall provide copies ofthe Ruling to the parties by email, with a copy to the Court.

order pending the parties’ joint submission of a proposed amended scheduling order, to be filed within fourteen (14) business days otthe entry of The amended schodily gybu Shall cer & | ond dake fr nee9CA 6 “Tyoveun'ger 30,260 wh geneleaoe poSeferae Dated: April 52022

of JAMS should be appointed, pursuant to CPLR 3104, as the private Special Referee to supervise disclosure in this action, with all of the powers of the Court specified under CPLR 3104(c) available to him; WHEREAS, the parties further agree that any application for review of an order of the private Special Referee shall be made pursuant to CPLR 3104(d), provided, however, that an application for review shall be deemed timely for all purposes under CPLR 3104(d) if the motion is made within ten (10) business days after the Ruling to be reviewed is made in writing and issued via email to all parties by the private Special Referee; WHEREAS, the parties agree that the private Special Referee’s fees and costs for his service will be paid by the parties; WHEREAS, the discovery schedule in this action is set forth in an order dated November 18, 2021 (the “Scheduling Order,” NYSCEF No. 246), under which fact depositions are to be completed by April 4, 2022; WHEREAS, the parties request that the Scheduling Order be amended in light of the proposed appointment of a private Special Referee.

Within fourteen (14) business days of his appointment, the private Special Referee shall establish procedures to be implemented for the resolution of discovery disputes.

The private Special Referee shall report all rulings either (i) in writing accompanied by a statement of reasons or (ii) on the transcript, if made at a hearing on the disputed issues and the private Special Referee so-orders the transcript (either, a “Ruling”), and shall provide copies of the Ruling to the parties by email, with a copy to the Court.

The private Special Referee shall be compensated at an hourly rate of $750 and JAMS will be paid a Case Management Fee of $875 per party.

The private Special Referee shall be provided a copy of the Stipulation and Order for the Production and Exchange of Confidential Information entered by the Court on November 18, 2021 (NYSCEF No. 247), and shall be deemed a permissible recipient of Confidential Information as defined in paragraph 6 thereof.

This matter is dismissed without prejudice for Plaintiff to file an Amended Complaint.

Plaintiff shall have fifteen (15) days from the date of this Order to file an Amended Complaint.

The Court finds that the Complaint does not properly aver personal jurisdiction over Defendant, and the Complaint does not sufficiently provide a claim for negligence, which Plaintiff argued was its cause of action, for which the Motion is granted.

The Complaint properly averred that Defendant did not have authorization to withdraw the payment.

All presently set hearings are canceled and will be rescheduled upon the filing of an Amended Complaint.

This includes disclosing the expert’s area of expertise, and serving a copy of each expert’s reports or answers to expert interrogatories.

Counsel is admonished to undertake, initiate and/or complete all discovery in such a manner as to comply with the time limitations set forth herein.

Failure to comply with the requirements of this Order shall subject counsel and the parties to such sanctions as the Court shall determine just and proper under the circumstances.

Counsel shall likewise notify this court in the event the parties wish to avail themselves of the “Voluntary Trial Resolution” provisions of Chapter 44 of the Florida Statutes.

Please contact Aliean Simpkins, the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2400, Miami, FL 33128, Telephone (305)

Seen ON eeeieeeeleraetneeenneeinnitX Defendant.

The following e-filed documents, listed by NYSCEF document number(Motion 005) 273, 274, 275, 276, were read on this motion to/for

Uponthe foregoing documents,it is ordered that MS 05 is granted (see Doc 280 [2/25/22 order granting MS05 pro hac vice application]).

COMPANY OF CANADA,assuccessor to COMMERCIAL UNION ASSURANCECoO., LTD.; and ZURICH INSURANCE COMPANY,LTD., Defendants.

Upon the foregoing papers submitted,itis, ORDEREDthat the motion to admit Jonathan Hacker, Esq. of O’Melveny & Myers LLP pro hacvice is granted; and it is further ORDEREDthat Jonathan Hacker, Esq. is permitted to appear andto participate in this action on behalf of defendants Federal Insurance Company, Chubb Insurance Company of Canada, and Vigilant Insurance Company;andit is further ORDEREDthat Jonathan Hacker, Esq. shall at all times duringthis action be associated with counsel who is a memberin goodstanding ofthe Bar of the State of New York andis attorney of record for the aforesaid parties in question; and it is further 28517665v.1 -|-

ORDEREDthatall pleadings, briefs, and other papers filed with the court shall be signed by the attorney of record whoshall be responsible for such papers andfor the conduct of this action; andit is further ORDEREDthat, pursuant to 22 NYCRR § 520.11(a)(1) and 22NYCRR § 602.2(a), an attorney admitted pro hacvice shall abide by the standards of professional conduct imposed upon members ofthe New York Bar, including the rules ofthe courts governing the conduct of!

attorneys and the Rules ofProfessional Conduct; and it is further | ORDEREDthat said counsel shall be subject to the jurisdiction ofthe courts ofthe State .

ofNew York with respect to any acts occurring during the course ofthis participation in this matter; and it is further ORDERED that said counsel shall notify the court immediately ofany matter or event in this or any other jurisdiction that affects their standing as a memberofthe bar.

COMPANY OF CANADA,assuccessor to COMMERCIAL UNION ASSURANCECoO., LTD.; and ZURICH INSURANCE COMPANY,LTD., Defendants.

Upon the foregoing papers submitted,itis, ORDEREDthat the motion to admit Jonathan Hacker, Esq. of O’Melveny & Myers LLP pro hacvice is granted; and it is further ORDEREDthat Jonathan Hacker, Esq. is permitted to appear andto participate in this action on behalf of defendants Federal Insurance Company, Chubb Insurance Company of Canada, and Vigilant Insurance Company;andit is further ORDEREDthat Jonathan Hacker, Esq. shall at all times duringthis action be associated with counsel who is a memberin goodstanding ofthe Bar of the State of New York andis attorney of record for the aforesaid parties in question; and it is further 28517665v.1 -|-

ORDEREDthatall pleadings, briefs, and other papers filed with the court shall be signed by the attorney of record whoshall be responsible for such papers andfor the conduct of this action; andit is further ORDEREDthat, pursuant to 22 NYCRR § 520.11(a)(1) and 22NYCRR § 602.2(a), an attorney admitted pro hacvice shall abide by the standards of professional conduct imposed upon members ofthe New York Bar, including the rules ofthe courts governing the conduct of!

attorneys and the Rules ofProfessional Conduct; and it is further | ORDEREDthat said counsel shall be subject to the jurisdiction ofthe courts ofthe State .

ofNew York with respect to any acts occurring during the course ofthis participation in this matter; and it is further ORDERED that said counsel shall notify the court immediately ofany matter or event in this or any other jurisdiction that affects their standing as a memberofthe bar.

GOVERNORS and NHL ENTERPRISES, INC., Plaintiffs,

COMPANY OF CANADA, as successor to

and ZURICH INSURANCE COMPANY, LTD., Defendants.

Upon the foregoing papers submitted, it is, ORDERED that the motion to admit Jonathan Hacker, Esq. of O’Melveny & Myers LLP pro hac vice is granted; and it is further ORDERED that Jonathan Hacker, Esq. is permitted to appear and to participate in this action on behalf of defendants Federal Insurance Company, Chubb Insurance Company of Canada, and Vigilant Insurance Company; and it is further ORDERED that Jonathan Hacker, Esq. shall at all times during this action be associated with counsel who is a member in good standing of the Bar of the State of New York and is attorney of record for the aforesaid parties in question; and it is further 28517665v.1 ORDERED that all pleadings, briefs, and other papers filed with the court shall be signed by the attorney of record who shall be responsible for such papers and for the conduct of this action; and it is further ORDERED that, pursuant to 22 NYCRR § 520.11(a)(1) and 22NYCRR § 602.2(a), an attorney admitted pro hac vice shall abide by the standards of professional conduct imposed upon members of the New York Bar, including the rules of the courts governing the conduct of attorneys and the Rules of Professional Conduct; and it is further ORDERED that said counsel shall be subject to the jurisdiction of the courts of the State of New York with respect to any acts occurring during the course of this participation in this matter; and it is further ORDERED that said counsel shall notify the court immediately of any matter or event in this or any other jurisdiction that affects their standing as a member of the bar.

Date:

This Stipulation is entered into by and among the parties hereto, through their respective undersigned attorneys, with reference to the following facts: WHEREAS, the parties to this action served requests for disclosure, including demands for discovery and inspection and interrogatories, and corresponding responses to these requests, pursuant to CPLR Article 31; WHEREAS, after service of the requests for disclosure and the responses thereto, certain disputes arose concerning the parties’ disclosure obligations; WHEREAS, by letters dated February 2, 2022, the parties separately informed the Court of certain of these disclosure disputes on which the parties had met and conferred but had reached impasse, in addition to other disputes on which the parties reserved rights;

WHEREAS, in an order dated February 4, 2022, the Court directed the parties to (i) meet and confer with regard to retaining a private Special Referee to manage the parties’ discovery disputes and (ii) submit a stipulation agreeing to appoint a private Special Referee with a request

to be so-ordered by February 21, 2022; WHEREAS, the parties have met and conferred and agree to the appointment of a private Special Referee under CPLR 3104; WHEREAS, the parties are continuing to meet and confer concerning the selection of a private Special Referee, the scope of disputes to be addressed by the private Special Referee and applicable procedures; NOW, the parties hereby stipulate and agree, by and through their counsel, that:

The Court will appoint a private Special Referee to be designated by the parties to manage discovery disputes in this action under CPLR 3104.

The parties will submit a stipulation and proposed order proposing a candidate to serve as a private Special Referee and setting forth the scope of disputes to be addressed by the private Special Referee and applicable procedures.

The parties are directed to meet and confer with regard to retaining a private Special ~ Referee to managetheparties’ discovery disputes.

Ifthe parties do not agree to retain a private Special Referee, they must email the court (copying all counsel) by on 2/21/22 and advise.

Unless a Special Referee is retained, the court will issue an ordersetting a final deadline by which the parties may move withregard to their unresolved discovery disputes.

All dates are final and counsel may notstipulate to adjourn or extend any deadline set by the court.

Counsel are reminded that pre-motion conferences are required and there is no stay of discovery pending motionpractice.

CANADA, as successor to COMMERCIAL UNION ASSURANCE CO., LTD.; and ZURICH INSURANCE

Item Current Deadline Original Proposed Deadline1 New Proposed Deadline File oppositions and cross-motions, if any, to plaintiff’s motion for partial summary judgment September 23, 2021 File reply in further support of plaintiff’s motion for partial summary judgment September 29, 2021

November 23, 2021 Complete productions of non- objectionable documents in response to outstanding written in discovery June 25, 2021 August 31, 2021 December 16, 2021 Compliance conference August 10, 2021 No change

December 16, 2021 Proposed by email to Chambers from R. Mott (Skadden) on April 26, 2021.

January 17, 2022 September 30, 2021 (with respect to discovery responses and document productions served by August 31, 2021) Completion of fact depositions October 1, 2021 January 4, 2022 April 4, 2022 End of fact discovery November 4, 2021 February 4, 2022 May 4, 2022 Each party to file expert report on issues for which it has the burden of proof December 7, 2021 March 7, 2022 June 1, 2022 File rebuttal expert reports January 5, 2022 April 4, 2022 July 13, 2022 Completion of expert depositions January 19, 2022 April 18, 2022 August 5, 2022 End of expert discovery January 21, 2022 April 21, 2022 August 5, 2022 Plaintiff shall file note of issue January 24, 2022 April 25, 2022 August 10, 2022 Post note of issue motions March 24, 2022 June 24, 2022 October 28, 2022

Except with the prior written consent of the Producing Party or by Order of the Court, Confidential Information shall not be furnished, shown, summarized, paraphrased or otherwise disclosed to any person or entity except to:

imaging, copying, microfilm, e-discovery and other litigation support vendors retained to assist in the recording, preservation, organization, filing, storage, review, retrieval and production of documents, information and data in connection with this action; provided, however, that each such agent is informed of the terms of this Stipulation, provided with a copy thereof, and who has been advised of their obligations hereunder;

Before any disclosure of Confidential Information is made to an expert witness or consultant pursuant to paragraph 6(d) hereof, counsel for the Receiving Party making such disclosure shall provide to the expert witness or consultant a copy of this Stipulation and obtain the expert’s or consultant’s written agreement, in the form of Exhibit A attached hereto, to comply with and be bound by its terms.

Within sixty (60) days after the final termination of this action by settlement or exhaustion of all appeals, whichever is later (“Final Termination”), Receiving Parties shall return to the Producing Party all Confidential Information produced or designated and all reproductions thereof or, at the Receiving Party’s option, use best efforts to destroy all such Confidential Information, except to the extent the Receiving Party and/or its counsel is required to maintain such records to meet its obligations under: (i) applicable reinsurance agreements; (ii) governmental rules or regulations; or (iii) a bona fide document retention policy for a period not to exceed two (2) years from Final Termination.

This Stipulation may be changed by further order of this Court, and is without prejudice to the rights of a Party to move for relief from any of its provisions, or to seek or agree to different or additional protection for any particular material or information.