Legal Documents
This is the repository for the Waterside Community legal documents. The documents are posted in a chronological order, newest to oldest).
Sussex Community Improvement Program (SCI) Program Synopsis December 2018
Read the complete document: Sussex County Improvement Chapter 96 Synopsis
Active Community Litigation
Introduction - Litigation
This case involves the respective liability of two insurance companies which had policies with the same insured, one policy covering general liability and property damage (the “General Policy”), and the other covering wind and hail damage (the “Wind Policy”), which was expressly excluded from the first policy.1 The insured under both policies is Waterside Property Owners Association, Inc., a Delaware corporation (“Waterside”), the homeowners’ association for the Townhouses of Waterside II, Phase 3, Canal Woods at Waterside, a condominium. A common element (the roof) of unit 64, Stage 1 of the condominium (the “Unit”) was allegedly damaged, causing a loss to the owner. The nearly six-year period between that occurrence and this opinion demonstrates how the twists, turns and delays that result from disputed claims among multiple insurers can result in protracted and expensive litigation.
Legal Status Report 09.08.2023
Update on Litigation
Vito vs. Waterside Property Owners Association
September 8, 2023
This summer, both insurance companies filed voluminous Motions for Summary Judgment, seeking to end the litigation in their favor and against Mr. Vito and the Association. The Association, along with Mr. Vito, filed substantive responses, that were also quite voluminous given the factual history that had amassed over 5 years prior to Mr. Vito filing suit and the need to address matters favorable to the Association that both insurance companies chose to ignore.
Because oral argument on the Motions sought by the Insurance Companies, could not be scheduled until October 19, 2023, and because the Court is being drawn into a multiple week capital murder case beginning shortly after the argument, the Court needed more time to resolve the Motions before trial in our matter could begin. Accordingly, after conferring with counsel about schedules, the Court has rescheduled the trial to April 15, 2024.
To read the details of the lawsuit: download Delaware Case Number: S21C-08-006 CAK
Respectfully submitted.
Joe Deardorff
This summer, both insurance companies filed voluminous Motions for Summary Judgment, seeking to end the litigation in their favor and against Mr. Vito and the Association. The Association, along with Mr. Vito, filed substantive responses, that were also quite voluminous given the factual history that had amassed over 5 years prior to Mr. Vito filing suit and the need to address matters favorable to the Association that both insurance companies chose to ignore.
Because oral argument on the Motions sought by the Insurance Companies, could not be scheduled until October 19, 2023, and because the Court is being drawn into a multiple week capital murder case beginning shortly after the argument, the Court needed more time to resolve the Motions before trial in our matter could begin. Accordingly, after conferring with counsel about schedules, the Court has rescheduled the trial to April 15, 2024.
To read the details of the lawsuit: download Delaware Case Number: S21C-08-006 CAK
Respectfully submitted.
Joe Deardorff
Legal Status Report 04.17.2023
Litigation Status Report -- April 17, 2022
There is little news on the Vito lawsuit other than the Trial date has been postponed. A four-day jury trial has been re-scheduled to November 6, 2023 at 9:30 a.m.
Other than Counsel for all parties identifying trial witnesses for the Pre-trial Stipulation and notifying them to take their depositions, there is minimal discussion occurring between the involved attorneys. Also, the current President of Waterside has been notified that he will be required to be available to testify as needed.
As substantive documents are provided to the Board, we will keep the homeowners informed and post those documents on the community website.
Respectfully submitted.
Joe Deardorff
There is little news on the Vito lawsuit other than the Trial date has been postponed. A four-day jury trial has been re-scheduled to November 6, 2023 at 9:30 a.m.
Other than Counsel for all parties identifying trial witnesses for the Pre-trial Stipulation and notifying them to take their depositions, there is minimal discussion occurring between the involved attorneys. Also, the current President of Waterside has been notified that he will be required to be available to testify as needed.
As substantive documents are provided to the Board, we will keep the homeowners informed and post those documents on the community website.
Respectfully submitted.
Joe Deardorff
Legal Status Report 11.20.2022
Litigation Status Report -- November 12, 2022
The litigation process continues. And while there has been progress in the proceedings, it has been slower than the Board and the Association had hoped. To keep owners up to date, a brief summary of what has transpired and what happens next appears below:
Efforts at mediation and /or settlement, to avoid having to go to trial continued. Without warning the insurance companies declined mediation. That meant going to trial. The focus is now on preparation for trial. During the Discovery phase documentation and evidence will be requested. It will include such items as documentation substantiating the insurance companies’ claim of no liability. The deadline for all Discovery is March 31, 2023. Dispositive motions with authorities and arguments must be filed by March 24, 2023, and responses with authorities and arguments filed by April 13, 2023.
A pre-trial conference is scheduled for May 4, 2023 at 9:00 a.m. Pre-trial stipulation is due no later than noon on April 27, 2023. A four-day jury trial is on the court docket to begin June 5, 2023 at 9:00 a.m. in Superior Court, Georgetown, DE. Our attorney’s efforts are now on the preparation for trial. It is his view that little action will take place before the Thanksgiving period.
Joe Deardorff
Patricia Woodring
November 12, 2022
Note: More detailed information can be found on the internet by searching “Michael Vito vs Waterside Property Owners Association”
The litigation process continues. And while there has been progress in the proceedings, it has been slower than the Board and the Association had hoped. To keep owners up to date, a brief summary of what has transpired and what happens next appears below:
Efforts at mediation and /or settlement, to avoid having to go to trial continued. Without warning the insurance companies declined mediation. That meant going to trial. The focus is now on preparation for trial. During the Discovery phase documentation and evidence will be requested. It will include such items as documentation substantiating the insurance companies’ claim of no liability. The deadline for all Discovery is March 31, 2023. Dispositive motions with authorities and arguments must be filed by March 24, 2023, and responses with authorities and arguments filed by April 13, 2023.
A pre-trial conference is scheduled for May 4, 2023 at 9:00 a.m. Pre-trial stipulation is due no later than noon on April 27, 2023. A four-day jury trial is on the court docket to begin June 5, 2023 at 9:00 a.m. in Superior Court, Georgetown, DE. Our attorney’s efforts are now on the preparation for trial. It is his view that little action will take place before the Thanksgiving period.
Joe Deardorff
Patricia Woodring
November 12, 2022
Note: More detailed information can be found on the internet by searching “Michael Vito vs Waterside Property Owners Association”
Legal Documents
04.17.24 Stipulation of Dismissal with Prejudice
EFiled: Apr 17 2024 04:07PM EDT
Transaction ID 72770087
Case No. S21C-08-006 CAK
EFiled: Dec 11 2023 02:24PM EST
Transaction ID 71593131
Case No. S21C-08-006 CAK
Transaction ID 70799008
Case No. S21C-08-006 CAK
Transaction ID 68140692
Case No. S21C-08-006 CAK
Transaction ID 68409972 STATE OF DELAWARE
Case No. S21C-08-006 CAK
Case No. S21C-08-006 CAK
Trial by Jury of Twelve Demanded
Transaction ID 68140692
Case No. S21C-08-006 CAK09.21.22
MEMORANDUM OPINION AND ORDER SIGNED BY JUDGE CRAIG A. KARSNITZ
Response of Cross-Claim Defendant Philadelphia Indemnity Insurance Company to Third-Party Plaintiff, Waterside Property Owners Association, Inc.'s, Request for Production
Request for Admissions.pdf
EFiled: Apr 17 2024 04:07PM EDT
Transaction ID 72770087
Case No. S21C-08-006 CAK
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12.11.23 Summary JudgementEFiled: Dec 11 2023 02:24PM EST
Transaction ID 71593131
Case No. S21C-08-006 CAK
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EFiled: Sep 06 2023 08:16AM EDTTransaction ID 70799008
Case No. S21C-08-006 CAK
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EFiled: Sep 21 2022 03:34PM EDTTransaction ID 68140692
Case No. S21C-08-006 CAK
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EFiled: Nov 21 2022 09:25AM ESTTransaction ID 68409972 STATE OF DELAWARE
Case No. S21C-08-006 CAK
Read ...
EFiled May 20, 2022Case No. S21C-08-006 CAK
Trial by Jury of Twelve Demanded
Read ...
EFiled: Sep 21 2022Transaction ID 68140692
Case No. S21C-08-006 CAK09.21.22
MEMORANDUM OPINION AND ORDER SIGNED BY JUDGE CRAIG A. KARSNITZ
Read ...
Sep 30 2022Response of Cross-Claim Defendant Philadelphia Indemnity Insurance Company to Third-Party Plaintiff, Waterside Property Owners Association, Inc.'s, Request for Production
Read ...
Oct 25, 2022Request for Admissions.pdf