Party Notice: GOOD GATEWAY LLCet al. vs. ORLANDO GATEWAY PARTNERS LLCet al.

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 106041617 E-Filed 04/08/2020 06:25:00 PM


                                 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
                                              IN AND FOR ORANGE COUNTY, FLORIDA

                  GOOD GATEWAY, LLC, a Florida                                Case No.: 2010-CA-015315-O
                  limited liability company,
                                                                              COMPLEX BUSINESS LITIGATION
                  Plaintiff,                                                  DIVISION: 43

                  vs.

                  ORLANDO GATEWAY PARTNERS,
                  LLC, a Florida limited liability company,
                  NILHAN HOSPITALITY, LLC, a Florida
                  limited liability company, NILOY &
                  ROHAN, LLC, a Georgia limited liability
                  company, ORLANDO GATEWAY, LLC, a
                  Georgia limited liability company,
                  STEVEN C. SMITH, an individual, NILHAN
                  FINANCIAL, LLC, a Georgia limited
                  liability company, SOUTHEAST
                  INVESTMENT PROPERTIES, LLC, a
                  Georgia limited liability company, SEG                         AMENDED JUDGMENT CREDITORS
                  GATEWAY, LLC, a Florida limited                                    GOOD GATEWAY’S AND SEG
                  liability company, CHITTRANJAN K.                                GATEWAY’S NOTICE OF FULLY
                  THAKKAR, an individual, NCT SYSTEMS,                        BRIEFED MOTION FOR ENTITLEMENT
                  INC., a Florida corporation, and NILOY,                        TO ATTORNEYS’ FEES AND COSTS
                  INC., a Georgia corporation d/b/a DCT                        PURSUANT TO FLA. STAT. §57.115 AND
                  Systems,
                                                                              SUPPORTING MEMORANDUM OF LAW
                  Defendants.

                  SEG GATEWAY, LLC, a Florida limited
                  liability company,

                  Cross-Claimant,

                  vs.

                  ORLANDO GATEWAY PARTNERS, LLC,
                  NILHAN HOSPITALITY, LLC, NILOY &
                  ROHAN, LLC, CHITTRANJAN K. THAKKAR,
                  NILHAN FINANCIAL, LLC, ORLANDO
                  GATEWAY, LLC, NCT SYSTEMS, INC., and
                  NILOY, INC., d/b/a DCT Systems,

                  Cross-Defendants.
                   AMENDED JUDGMENT CREDITORS GOOD GATEWAY’S AND SEG GATEWAY’S
                     NOTICE OF FULLY BRIEFED MOTION FOR ENTITLEMENT TO ATTORNEYS’
                         FEES AND COSTS PURSUANT TO FLA. STAT. §57.115 AND SUPPORTING
                                                          MEMORANDUM OF LAW

                           COME        NOW       the   Plaintiff,    Good      Gateway,       LLC     (“Good      Gateway”
                  and/or     “Plaintiff’)    and    Cross-claimant,         SEG     Gateway,       LLC     (“SEG”      and/or
                  “Cross     Claimant”)      (collectively      “Plaintiffs”     or  “Judgment       Creditors”),      by  and
                  through      their   undersigned        attorneys,     and    hereby     files   Plaintiffs’     Amended
                  Notice of Fully Briefed Motion and states:
                           1.       Plaintiffs    file  herein    an   amended       notice    to  correct    an  error    in  a
                  previously filed notice of fully briefed motion.

                           2.       On October 1, 2019, Plaintiffs filed a Motion for Attorneys’ Fees
                  and Costs Pursuant to Fla. Stat §57.115 and Supporting Memorandum of Law
                  (e-filing no. 96569497) (“Motion”).

                           3.       Pursuant to Business Court Procedures 5.6 and 5.12, Defendants’
                  response      and    memorandum           in   opposition       to  Plaintiffs’     Motion      were     due
                  within    twenty (20) days         of  the  Plaintiffs’ filing      and service      of the   Motion     and
                  an   additional     five   (5)   days   is  added     for  electronic      service    pursuant     to   Rule
                  2.514(b)      of   the    Florida     Rules     of   Judicial     Administration,         extending       the
                  Defendant’s deadline for filing any response and memorandum.

                           4.       Defendants filed their response on October 22, 2019.

                           5.       Plaintiffs    filed   a Notice     of  Fully   Briefed     Motion      on  Feb.7,    2020
                  contained      an   error   that   affects    the   court’s    order.     The    notice    states   that   no
                  opposition was filed.          This was an error.



                                                                           2
                                                                           - -
                           6.       Upon       entry     of   the    order,     Plaintiffs’      counsel       immediately
                  contacted defendants counsel, Stephen Breuer by phone and email.                                Later, Mr.
                  Breuer     thanked       counsel     for   letting    him    know.          Plaintiffs’     counsel      also
                  emailed the Court and informed his Honor of the mistake.

                           7.       Plaintiffs    apologize      again   to  the  Court    and   to  defendants      counsel
                  for any inconvenience.             Plaintiffs submit that the order may still be entered on
                  the   merits   of   Plaintiffs’    motion     as  a  prevailing     party    in  collections,     but  have
                  no objection to the entry of a corrected order.
                  Dated: April 8, 2020                                           Respectfully submitted,
                                                                                 MORGAN & MORGAN, P.A.
                                                                                 The Business Trial Group
                                                                                 Attorneys for Claimants

                                                                                 /s/ Clay M. Townsend
                                                                                 Clay M. Townsend, Esq.
                                                                                 Florida Bar No. 363375
                                                                                 20 N. Orange Avenue, Suite 1600
                                                                                 Orlando, FL 32801
                                                                                 Telephone: (407) 418-2075
                                                                                 Facsimile: (305) 245-3346
                                                                                 CTowsend@forthepeople.com


                                                     CERTIFICATE OF SERVICE

                           I HEREBY         CERTIFY         that  on   April   8,  2020,    by  using    the  Florida    Courts     E-
                  Filing   Portal    System.     Accordingly,       a  copy    of  the  foregoing      is being    served    on   this
                  day   to  all attorney(s)/interested         parties    identified    on   the  ePortal    Electronic     Service
                  List,   via   transmission       of   Notices     of   Electronic      Filing    generated      by   the   ePortal
                  System.


                                                                           3
                                                                           - -
                                                                                 /s/ Clay M. Townsend
                                                                                 Clay M. Townsend, Esq.




                                                                           4
                                                                           - -