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Filing# 136411698 E-Filed 10/12/2021 04:28:29 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT, IN
AND FOR BROWARD COUNTY,
FLORIDA
CIVIL DIVISION
CASE NO. CACE21016240
STRIKE X LLC,
Plaintiff,
V
VILLAGE AT GULFSTREAM PARK,
LLC,
Defendant.
i
1MOTION REQUESTING REASSIGNMENT
AND TRANSFER OF BUSINESS CASE FROM GENERAL
CIVIL DIVISION TO COMPLEX [BUSINESS] LITIGATION DIVISION
Defendant, Village at Gulfstream Park, LLC ("Defendant"),by and through undersigned
counsel, and pursuant to, inter alia,Fla. R. Civ. P. 1.201 and Administrative Order No. 2017-35-
Civ, hereby moves for an order designatingthis action as complex and transferring
it to the
Complex Business Division and as grounds states:
BACKGROUND
1. Strike
Plaintiff, X LLC ("Plaintiff'),
filed its complaint in this action on August 24,
2021 in the Circuit Civil Division ofthis Court ("Complaint"),
bringingforth an action for a purported
breach of lease of commercial real property involvingrestaurant and retail space. See Compl. t 1
Plaintiff alleged in the for filing in the Complex Division of the
Complaint that the matter qualifies
court. Through this action,Plaintiffis seekingapproximately$40,000,000 in damages. Compl. t 4
As discussed below, this case satisfies the standards for designating
the matter complex, as delineated
in this Court's Amended Administrative Order EstablishingProcedures for Direct Filing or
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/12/2021 04:28:28 PM.****
Reassignment of Circuit Civil Cases to a Complex Business or Complex Tort Division
(AdministrativeOrder No. 2017-35-Civ) ("Admin. Order" or "Administrative Order") and under
Fla. R. Civ. P. 1.201.
ARGUMENT
2. Fla. R. Civ. P. 1.201 defines a "complex action" as "one that is likelyto involve
complicated legalor case management issues and that may requireextensive judicialmanagement
to In decidingwhether
expeditethe action,keep costs reasonable, or promote judicialefficiency."
an action is complex, the court "must consider" whether the action is likelyto involve:
(A) numerous pretrial motions raisingdifficult or novel legalissues or legalissues
intertwined that will be time-consuming to resolve;
that are inextricably
(B) management of a largenumber of separatelyrepresentedparties;
(C) coordination with related actions pending in one or more courts in other
counties,states, or countries,or in a federal court;
management of a largenumber of witnesses or a substantial amount of
(D) pretrial
documentary evidence;
(IF)substantial time requiredto complete the trial;
(F) management at trial of a large number of experts, witnesses, attorneys, or
exhibits;
and
(G) substantial post-judgementjudicialsupervision;
(H) any other analyticalfactors identified by the court or a party that tend to
complicate comparable actions and which are likelyto arise in the context of the
instant action.
Fla. R. Civ. P. 1.201(a)(2).
3 This Court's Administrative Order provides:
(6) A case may be directlyfiled or reassigned/transferredto a complex business
division based on a number of factors,including:(1) the nature of the case; (2)
complexity of the issues;(3)complexity of discovery;(4) number of partiesin the
case; and (5)ifthe subjectmatter of the case meets one or more ofthe following:
2
(e) the amount in controversy exceeds $150,000.00 and arises from the
purchase, sale, or lease of commercial real or personal property or security
interests.
Am. Admin. Order No. 2017-35-Civ (4),(6)(emphasisadded).
4. and Plaintiff claims that Defendant's
In this action,all partiesare business entities,
purportedbreach ofthe lease between the partiesallegedlyresulted in approximately$40,000,000 in
damages. Compl. t 4. See also Form "A" to Admin. Order No. 2017-35-Civ, which is attached
,,
hereto as Exhibit "A.'
5. Pretrial 1Management of a Large Number of Witnesses or a Substantial Amount
of Documentary Evidence. The parties' occurred over multipleyears and
business relationship
multipleiterations ofthe lease agreement at-issue. It is therefore probablethat both foimer and current
as well as a number of third parties,
employees of the parties, will have infoimation relevant to the
ofthis matter. Further,the amount of documentary evidence may be expansivegiventhat
disposition
course of conduct duringthe relevant time periodwill be critical to resolvingthis dispute.
the parties'
Although Rule 1.201 discusses either a largenumber of witnesses "or" a substantial amount of
discoveryas being sufficient to warrant a case to be complex, this action has both.
6. 1Management at Trial of a Large Number of Experts, Witnesses, Attorneys, or
Exhibits. Due to the protracted
nature ofthe parties' a largenumber of experts,
business relationship,
witnesses,attorneys, and exhibits will be necessary at trial.
7. Other analyticalfactors identified that tend to complicate comparable actions
and which are likelyto arise in the context of the instant action. The complexityof ascertaining
the damages sought by as it relates to its claims for consequential,
Plaintiffin this action,particularly
and incidental and consequentialdamages, including lost profits(see Compl. t 41), further
complicatesthis action as compared with other standard breach of lease claims.
3
8. No party will be prejudicedby the relief soughtherein. In fact,Plaintiff's Complaint
consents to the transfer ofthis action to the Complex Business Division. See Compl. t 6 ("Thiscase
is subjectto reassignment to the Complex LitigationDivision because the amount in controversy
exceeds $150,000 and arises from the purchase,sale,or lease of commercial, real or personalproperty
or security The parties
interests."). will benefit should this matter be designateda complex action and
reassignedand transferred to the Complex Business Division, as it will expeditethe action while
keeping costs down and promotingjudicial Because
efficiency. this is stillin
litigation its infancy,
there is no concern that reassigningthe case to the Complex Business Division will cause any relevant
issues to be unnecessarily resources to be wasted.
or judicial
re-litigated
9. The undersignedcounsel has conferred with Plaintiff's counsel on this motion.
CONCLUSION
WHEREFORE, requests an order
Defendant Village at Gulfstream, LLC, respectfully
reassigningand transferring
this action to the Complex Business Division, and for such other relief
as the Court deems justand proper.
Respectfullysubmitted,
GREENBERG TRAURIG, P.A.
333 S.E. 2 nd Avenue, Suite 4400
Miami, Florida 33131
Telephone:(305) 579-0519
Facsimile: (305) 579-0717
By: s/Michael N. Kreitzer
1Michael N. Kreitzer, Esq.
Florida Bar No. 705561
kreitzerm@gtlaw.com
belloy@gtlaw.com
flservice@gtlaw.com
Jordanna Ishmael, Esq.
Florida Bar No. 1011647
ishmaelj@gtlaw.com
abrahamd@gtlaw.com
Attorneysfor Villageat Gulfstream Park, LLC
4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoingwas served by e-mail
via the Florida Court E-FilingPortal,this 12th day of October, 2021, on:
ZARCO EINHORN SALKOWSKI & BRITO, P.A.
One Biscayne Tower
2 South Biscayne Boulevard, 34th Floor
Miami, Florida 33131
Telephone: (305) 374-5418
Facsimile: (305) 374-5428
Robert Zarco
Florida Bar No. 502138
rzarco@zarcolaw.com
Robert F. Salkowski
Florida Bar No. 903124
rsalkowski@zarcolaw.com
acoro@zarcolaw.com
Mary Nikezic
Florida Bar No. 92928
mnikezic@zarcolaw.com
eservice@zarcolaw.com
Colby Conforti
Florida Bar No. 903124
cconforti@zarcolaw.com
eservice@zarcolaw.com
By: s/Michael N. Kreitzer
5
EXH131'll A
FORM"A"
(To be utilized only when seekingto reassignor transfer a pending case into a complex business
or tort division)
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
Case Number CACE21016240
STRIKE X LLC, Plaintiff,
V
VILLAGE AT GULFSTREAM PARK, LLC,
Defendant.
1MOTION REQUESTING TRANSFER OF BUSINESS CASE OR TORT CASE FROM
GENERAL CIVIL DIVISION TO A COMPLEX LITIGATON DIVISION
The undersigned seeks transfer ofthe above entitled case to a division (business
complex litigation
or tort)and certifies this action is appropriatefor assignment/reassignment
to a complex litigation
division (businessor tort), and complies with Administrative Order 2017-35-Civ in that:
The case meets the criteria for one or more of the followingcategories:
E the amount in controversy exceeds $150,000.00 and is a Uniform Commercial Code non-
consumer related transaction
E the in controversy exceeds $500,000.00 and arises from the purchase and sale of
amount
businesses or the assets of a business (includingnon-consumer contract disputes,commercial
foreclosures which are accompanied by requests/motions for appointment of receiver or
assignment of rents)
E the amount in controversy exceeds $150,000.00 and the sale of goods or services by or to
business entities
E the amount in controversy exceeds $150,000.00 and involves non-consumer bank or brokerage
accounts (includingloan, deposit,cash management, and investment accounts)
E the amount
in controversy exceeds $150,000.00 and arises from the purchase,sale,financing,
or lease of commercial real or personal property or securityinterests
E the amount in controversy exceeds $150,000.00 and relates to construction litigation
(non-
personalinjury)and/or surety bonds
E the amount in controversy exceeds $150,000.00 and is a franchisee/franchisor dispute
Page 6 of 8
Preview
Filing# 136411698 E-Filed 10/12/2021 04:28:29 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO. CACE21016240 STRIKE X LLC, Plaintiff, V VILLAGE AT GULFSTREAM PARK, LLC, Defendant. i 1MOTION REQUESTING REASSIGNMENT AND TRANSFER OF BUSINESS CASE FROM GENERAL CIVIL DIVISION TO COMPLEX [BUSINESS] LITIGATION DIVISION Defendant, Village at Gulfstream Park, LLC ("Defendant"),by and through undersigned counsel, and pursuant to, inter alia,Fla. R. Civ. P. 1.201 and Administrative Order No. 2017-35- Civ, hereby moves for an order designatingthis action as complex and transferring it to the Complex Business Division and as grounds states: BACKGROUND 1. Strike Plaintiff, X LLC ("Plaintiff'), filed its complaint in this action on August 24, 2021 in the Circuit Civil Division ofthis Court ("Complaint"), bringingforth an action for a purported breach of lease of commercial real property involvingrestaurant and retail space. See Compl. t 1 Plaintiff alleged in the for filing in the Complex Division of the Complaint that the matter qualifies court. Through this action,Plaintiffis seekingapproximately$40,000,000 in damages. Compl. t 4 As discussed below, this case satisfies the standards for designating the matter complex, as delineated in this Court's Amended Administrative Order EstablishingProcedures for Direct Filing or *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/12/2021 04:28:28 PM.**** Reassignment of Circuit Civil Cases to a Complex Business or Complex Tort Division (AdministrativeOrder No. 2017-35-Civ) ("Admin. Order" or "Administrative Order") and under Fla. R. Civ. P. 1.201. ARGUMENT 2. Fla. R. Civ. P. 1.201 defines a "complex action" as "one that is likelyto involve complicated legalor case management issues and that may requireextensive judicialmanagement to In decidingwhether expeditethe action,keep costs reasonable, or promote judicialefficiency." an action is complex, the court "must consider" whether the action is likelyto involve: (A) numerous pretrial motions raisingdifficult or novel legalissues or legalissues intertwined that will be time-consuming to resolve; that are inextricably (B) management of a largenumber of separatelyrepresentedparties; (C) coordination with related actions pending in one or more courts in other counties,states, or countries,or in a federal court; management of a largenumber of witnesses or a substantial amount of (D) pretrial documentary evidence; (IF)substantial time requiredto complete the trial; (F) management at trial of a large number of experts, witnesses, attorneys, or exhibits; and (G) substantial post-judgementjudicialsupervision; (H) any other analyticalfactors identified by the court or a party that tend to complicate comparable actions and which are likelyto arise in the context of the instant action. Fla. R. Civ. P. 1.201(a)(2). 3 This Court's Administrative Order provides: (6) A case may be directlyfiled or reassigned/transferredto a complex business division based on a number of factors,including:(1) the nature of the case; (2) complexity of the issues;(3)complexity of discovery;(4) number of partiesin the case; and (5)ifthe subjectmatter of the case meets one or more ofthe following: 2 (e) the amount in controversy exceeds $150,000.00 and arises from the purchase, sale, or lease of commercial real or personal property or security interests. Am. Admin. Order No. 2017-35-Civ (4),(6)(emphasisadded). 4. and Plaintiff claims that Defendant's In this action,all partiesare business entities, purportedbreach ofthe lease between the partiesallegedlyresulted in approximately$40,000,000 in damages. Compl. t 4. See also Form "A" to Admin. Order No. 2017-35-Civ, which is attached ,, hereto as Exhibit "A.' 5. Pretrial 1Management of a Large Number of Witnesses or a Substantial Amount of Documentary Evidence. The parties' occurred over multipleyears and business relationship multipleiterations ofthe lease agreement at-issue. It is therefore probablethat both foimer and current as well as a number of third parties, employees of the parties, will have infoimation relevant to the ofthis matter. Further,the amount of documentary evidence may be expansivegiventhat disposition course of conduct duringthe relevant time periodwill be critical to resolvingthis dispute. the parties' Although Rule 1.201 discusses either a largenumber of witnesses "or" a substantial amount of discoveryas being sufficient to warrant a case to be complex, this action has both. 6. 1Management at Trial of a Large Number of Experts, Witnesses, Attorneys, or Exhibits. Due to the protracted nature ofthe parties' a largenumber of experts, business relationship, witnesses,attorneys, and exhibits will be necessary at trial. 7. Other analyticalfactors identified that tend to complicate comparable actions and which are likelyto arise in the context of the instant action. The complexityof ascertaining the damages sought by as it relates to its claims for consequential, Plaintiffin this action,particularly and incidental and consequentialdamages, including lost profits(see Compl. t 41), further complicatesthis action as compared with other standard breach of lease claims. 3 8. No party will be prejudicedby the relief soughtherein. In fact,Plaintiff's Complaint consents to the transfer ofthis action to the Complex Business Division. See Compl. t 6 ("Thiscase is subjectto reassignment to the Complex LitigationDivision because the amount in controversy exceeds $150,000 and arises from the purchase,sale,or lease of commercial, real or personalproperty or security The parties interests."). will benefit should this matter be designateda complex action and reassignedand transferred to the Complex Business Division, as it will expeditethe action while keeping costs down and promotingjudicial Because efficiency. this is stillin litigation its infancy, there is no concern that reassigningthe case to the Complex Business Division will cause any relevant issues to be unnecessarily resources to be wasted. or judicial re-litigated 9. The undersignedcounsel has conferred with Plaintiff's counsel on this motion. CONCLUSION WHEREFORE, requests an order Defendant Village at Gulfstream, LLC, respectfully reassigningand transferring this action to the Complex Business Division, and for such other relief as the Court deems justand proper. Respectfullysubmitted, GREENBERG TRAURIG, P.A. 333 S.E. 2 nd Avenue, Suite 4400 Miami, Florida 33131 Telephone:(305) 579-0519 Facsimile: (305) 579-0717 By: s/Michael N. Kreitzer 1Michael N. Kreitzer, Esq. Florida Bar No. 705561 kreitzerm@gtlaw.com belloy@gtlaw.com flservice@gtlaw.com Jordanna Ishmael, Esq. Florida Bar No. 1011647 ishmaelj@gtlaw.com abrahamd@gtlaw.com Attorneysfor Villageat Gulfstream Park, LLC 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoingwas served by e-mail via the Florida Court E-FilingPortal,this 12th day of October, 2021, on: ZARCO EINHORN SALKOWSKI & BRITO, P.A. One Biscayne Tower 2 South Biscayne Boulevard, 34th Floor Miami, Florida 33131 Telephone: (305) 374-5418 Facsimile: (305) 374-5428 Robert Zarco Florida Bar No. 502138 rzarco@zarcolaw.com Robert F. Salkowski Florida Bar No. 903124 rsalkowski@zarcolaw.com acoro@zarcolaw.com Mary Nikezic Florida Bar No. 92928 mnikezic@zarcolaw.com eservice@zarcolaw.com Colby Conforti Florida Bar No. 903124 cconforti@zarcolaw.com eservice@zarcolaw.com By: s/Michael N. Kreitzer 5 EXH131'll A FORM"A" (To be utilized only when seekingto reassignor transfer a pending case into a complex business or tort division) IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Case Number CACE21016240 STRIKE X LLC, Plaintiff, V VILLAGE AT GULFSTREAM PARK, LLC, Defendant. 1MOTION REQUESTING TRANSFER OF BUSINESS CASE OR TORT CASE FROM GENERAL CIVIL DIVISION TO A COMPLEX LITIGATON DIVISION The undersigned seeks transfer ofthe above entitled case to a division (business complex litigation or tort)and certifies this action is appropriatefor assignment/reassignment to a complex litigation division (businessor tort), and complies with Administrative Order 2017-35-Civ in that: The case meets the criteria for one or more of the followingcategories: E the amount in controversy exceeds $150,000.00 and is a Uniform Commercial Code non- consumer related transaction E the in controversy exceeds $500,000.00 and arises from the purchase and sale of amount businesses or the assets of a business (includingnon-consumer contract disputes,commercial foreclosures which are accompanied by requests/motions for appointment of receiver or assignment of rents) E the amount in controversy exceeds $150,000.00 and the sale of goods or services by or to business entities E the amount in controversy exceeds $150,000.00 and involves non-consumer bank or brokerage accounts (includingloan, deposit,cash management, and investment accounts) E the amount in controversy exceeds $150,000.00 and arises from the purchase,sale,financing, or lease of commercial real or personal property or securityinterests E the amount in controversy exceeds $150,000.00 and relates to construction litigation (non- personalinjury)and/or surety bonds E the amount in controversy exceeds $150,000.00 and is a franchisee/franchisor dispute Page 6 of 8