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Filing# 147617942 E-Filed 04/13/2022 12:44:37 PM
IN THE CIRCUITCOURT OF THE 17
7TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JOY FURER, GENERAL JURISDICTION DIVISION
Plaintiff, CASE NO: CACE-21-016578
VS.
GG RE HOLLYWOOD BEACH 613 LLC,
and DESIGNEDVR HOLDINGS LLC,
Defendants.
i
PLAINTIFF'S MOTION FOR PROTECTIVE ODER TO
PERMIT PLAINTIFF TO APPEAR REMOTELY FOR HER
DEPOSITION, OR IN THE ALTERNATIVE, TO COMPEL ANY
COMPULSORY MEDICAL EXAMINATION TO OCCUR SHORTLY
AFTER THE DEPOSITION OR IN HER LOCATION OF RESIDENCE
COMES NOW, JOY
Plaintiff, FURER, by and through the undersigned counsel, and
hereby files this Plaintiff' s Motion to Permit Plaintiff to Appear Remotely for her Deposition,or
in the alternative,
to Compel any Compulsory Medical Examination to Occur Immediately After
the Deposition or in her Location of Residence, and as grounds therefore states as follows:
1. This is a negligentsecuritycase where Plaintiff,a New York resident,was cadacked at
gunpoint while in the unlightedparking lot of the Neptune Hollywood Beach hotel while
she was in Florida on vacation.
2. During the attack,Plaintiff suffered severe and significant that have necessitated
injuries
surgery.
3. Defendant GG RE HOLLYWOOD BEACH 613 LLC was the owner of the property and
Defendant DESIGNEDVR HOLDINGS, LLC was the manager ofthe property on the date
of the incident.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/13/2022 12:44:37 PM.****
4. Defendant GG RE HOLLYWOOD BEACH 613 LLC has requested a depositionof
Plaintiff.
5. who resides permanently in
Plaintiff, New York, has requested that the depositionoccur
remotely given her concerns over the pandemic and her current physicalhealth.
6. Plaintiffis immunocompromised and asthmatic and does not want to subjectherself to the
COVID-related risks of air travel.
7. Additionally, injuriesfrom
Plaintiff suffered significant this incident and as recentlyas
March 2,2022, her treatingorthopedicopined that she was 100% disabled and unable to
return to work.
8. It would be a tremendous physicalhardshipfor Plaintiffto travel from New York to Florida
for this depositionthat can easilybe accomplished through a remote platform.
9. It would also be a financial hardship for Plaintiff.
10. Plaintiff has requestedthat her depositionbe taken remotely.However, Counsel for GG
RE HOLLYWOOD BEACH 613 LLC has refused that request and has insisted that the
depositiontake place locally.
11. Plaintiff will agree to any reasonable accommodations that Defendants request regarding
her depositionso long as it can be taken remotely.
12. Plaintiff will be in
Additionally, New York during her depositionand her Counsel will be
in Florida so there is no fear of any type of improprietyoccurringduring the deposition.
13. Florida Rule of Civil Procedure 1.280(c)specifically to control the
gives a court the ability
terms and conditions of discovery,"includinga designationof the time or place."
14. Plaintiff is requestingthat this Honorable Court exercise its authorityand permit Plaintiff
to appear for her by remote means.
deposition
15. There is also support for this exercise of authority
in common law. See Cio'ofMiami Beach
v.
Woge, 83 So.2d 774 (Fla.1955) (the Court upheld an order that requiredthat "the
of her residence in New York, or that she
depositionofthe plaintiffbetaken in the locality
be examined in Dade County one week before the scheduled trial.")
16. In the event, that this Court does not permit Plaintiff to appear remotely,Plaintiff would
request that this Court minimize the burden to Plaintiff and requireDefendants to conduct
any compulsory medical examinations during the same tr* or to conduct any future
examination in New York or be requiredto pay for any return tripto Florida.
17. In Tsutras v. Duhe, 685 So.2d 979 (Fla.5th DCA 1997),the Fifth District Court ofAppeals
moved to Virginiaafter the
addressed a similar situation. In that case, a Florida plaintiff
initiation of a personalinjurycase and the defendant sought to requirethe plaintiffto
appear
at a CME in Florida after the plaintiffhadalreadyappeared in Florida for their deposition.
18. The trial court requiredthe plaintiff's
appearance at the CME in Florida at the plaintiff's
expense and the Fifth District Court of Appeals reversed the trial court and quashed the
order.
19. The Court held that where a plaintiff
had alreadytraveled to Florida for a deposition,the
defendant was required to either "set an IME at a location which has the appropriate
and which
medical specialties is convenient to the nonresident plaintiff,
or as suggestedby
as a condition of yet another tripby plaintiff
plaintiff, to Florida before trial,
requirethat
defense cover all expenses of the trip."
20. Plaintiff is requestingthe same relief grantedby the Court in Tsutras.
21. If Plaintiff is requiredto appear for a depositionin Florida,Plaintiff would either request
that any CME occur during the same trip,
that any future CME take place in a location
or that Defendants pay for any return tripto Florida for a future
convenient to Plaintiff,
CME.
WHEREFORE, Plaintiff respectfullyrequests this Court, in the interest of justice,
to permit
Plaintiff to appear remotely for her depositionor to requirethat any CME occur during the same
tripor to requireany future CME to occur near Plaintiff in New York or requireDefendants pay
for any future tripto Florida for the CME and for any other relief this Court deems just.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy o f the foregoingwas served by
Electronic Service via the Florida Courts E-filing
Eportalpursuant to the Supreme Court
Administrative Order AOSC13-49 on April 13,2022.
FLANAGAN & BODENHEIMER INJURY AND
WRONGFUL DEATH LAW FIRM
Attorney for Plaintiff
2525 Ponce de Leon Blvd., Suite 650
Coral Gables, FL 331345
Tel: (305) 637-4143
Fax: (305) 397-2636
/s/ Zachary Bodenheimer
BY
Zachary D. Bodenheimer, Esq.,Fla. Bar No.. 91322
Emails: zdb@florida-justice.corn
mtfassistant@florida-justice.com
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Filing# 147617942 E-Filed 04/13/2022 12:44:37 PM IN THE CIRCUITCOURT OF THE 17 7TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JOY FURER, GENERAL JURISDICTION DIVISION Plaintiff, CASE NO: CACE-21-016578 VS. GG RE HOLLYWOOD BEACH 613 LLC, and DESIGNEDVR HOLDINGS LLC, Defendants. i PLAINTIFF'S MOTION FOR PROTECTIVE ODER TO PERMIT PLAINTIFF TO APPEAR REMOTELY FOR HER DEPOSITION, OR IN THE ALTERNATIVE, TO COMPEL ANY COMPULSORY MEDICAL EXAMINATION TO OCCUR SHORTLY AFTER THE DEPOSITION OR IN HER LOCATION OF RESIDENCE COMES NOW, JOY Plaintiff, FURER, by and through the undersigned counsel, and hereby files this Plaintiff' s Motion to Permit Plaintiff to Appear Remotely for her Deposition,or in the alternative, to Compel any Compulsory Medical Examination to Occur Immediately After the Deposition or in her Location of Residence, and as grounds therefore states as follows: 1. This is a negligentsecuritycase where Plaintiff,a New York resident,was cadacked at gunpoint while in the unlightedparking lot of the Neptune Hollywood Beach hotel while she was in Florida on vacation. 2. During the attack,Plaintiff suffered severe and significant that have necessitated injuries surgery. 3. Defendant GG RE HOLLYWOOD BEACH 613 LLC was the owner of the property and Defendant DESIGNEDVR HOLDINGS, LLC was the manager ofthe property on the date of the incident. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/13/2022 12:44:37 PM.**** 4. Defendant GG RE HOLLYWOOD BEACH 613 LLC has requested a depositionof Plaintiff. 5. who resides permanently in Plaintiff, New York, has requested that the depositionoccur remotely given her concerns over the pandemic and her current physicalhealth. 6. Plaintiffis immunocompromised and asthmatic and does not want to subjectherself to the COVID-related risks of air travel. 7. Additionally, injuriesfrom Plaintiff suffered significant this incident and as recentlyas March 2,2022, her treatingorthopedicopined that she was 100% disabled and unable to return to work. 8. It would be a tremendous physicalhardshipfor Plaintiffto travel from New York to Florida for this depositionthat can easilybe accomplished through a remote platform. 9. It would also be a financial hardship for Plaintiff. 10. Plaintiff has requestedthat her depositionbe taken remotely.However, Counsel for GG RE HOLLYWOOD BEACH 613 LLC has refused that request and has insisted that the depositiontake place locally. 11. Plaintiff will agree to any reasonable accommodations that Defendants request regarding her depositionso long as it can be taken remotely. 12. Plaintiff will be in Additionally, New York during her depositionand her Counsel will be in Florida so there is no fear of any type of improprietyoccurringduring the deposition. 13. Florida Rule of Civil Procedure 1.280(c)specifically to control the gives a court the ability terms and conditions of discovery,"includinga designationof the time or place." 14. Plaintiff is requestingthat this Honorable Court exercise its authorityand permit Plaintiff to appear for her by remote means. deposition 15. There is also support for this exercise of authority in common law. See Cio'ofMiami Beach v. Woge, 83 So.2d 774 (Fla.1955) (the Court upheld an order that requiredthat "the of her residence in New York, or that she depositionofthe plaintiffbetaken in the locality be examined in Dade County one week before the scheduled trial.") 16. In the event, that this Court does not permit Plaintiff to appear remotely,Plaintiff would request that this Court minimize the burden to Plaintiff and requireDefendants to conduct any compulsory medical examinations during the same tr* or to conduct any future examination in New York or be requiredto pay for any return tripto Florida. 17. In Tsutras v. Duhe, 685 So.2d 979 (Fla.5th DCA 1997),the Fifth District Court ofAppeals moved to Virginiaafter the addressed a similar situation. In that case, a Florida plaintiff initiation of a personalinjurycase and the defendant sought to requirethe plaintiffto appear at a CME in Florida after the plaintiffhadalreadyappeared in Florida for their deposition. 18. The trial court requiredthe plaintiff's appearance at the CME in Florida at the plaintiff's expense and the Fifth District Court of Appeals reversed the trial court and quashed the order. 19. The Court held that where a plaintiff had alreadytraveled to Florida for a deposition,the defendant was required to either "set an IME at a location which has the appropriate and which medical specialties is convenient to the nonresident plaintiff, or as suggestedby as a condition of yet another tripby plaintiff plaintiff, to Florida before trial, requirethat defense cover all expenses of the trip." 20. Plaintiff is requestingthe same relief grantedby the Court in Tsutras. 21. If Plaintiff is requiredto appear for a depositionin Florida,Plaintiff would either request that any CME occur during the same trip, that any future CME take place in a location or that Defendants pay for any return tripto Florida for a future convenient to Plaintiff, CME. WHEREFORE, Plaintiff respectfullyrequests this Court, in the interest of justice, to permit Plaintiff to appear remotely for her depositionor to requirethat any CME occur during the same tripor to requireany future CME to occur near Plaintiff in New York or requireDefendants pay for any future tripto Florida for the CME and for any other relief this Court deems just. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy o f the foregoingwas served by Electronic Service via the Florida Courts E-filing Eportalpursuant to the Supreme Court Administrative Order AOSC13-49 on April 13,2022. FLANAGAN & BODENHEIMER INJURY AND WRONGFUL DEATH LAW FIRM Attorney for Plaintiff 2525 Ponce de Leon Blvd., Suite 650 Coral Gables, FL 331345 Tel: (305) 637-4143 Fax: (305) 397-2636 /s/ Zachary Bodenheimer BY Zachary D. Bodenheimer, Esq.,Fla. Bar No.. 91322 Emails: zdb@florida-justice.corn mtfassistant@florida-justice.com