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Filing # 125942121 E-Filed 04/30/2021 01:35:18 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 18-34416 CA 01
YVETTE BONHEUR, as Personal
Representative of the Estate of LEGITIME
ELISBRUN,
Plaintiff,
vs.
FLORIDA POWER & LIGHT COMPANY
and LEWIS TREE SERVICE, INC.
Defendants.
__________________________________/
JOINT MOTION TO MODIFY SCHEDULING ORDER
Plaintiff, YVETTE BONHEUR, as Personal Representative of the Estate of Legitime
Elisbrun and Defendants FLORIDA POWER & LIGHT COMPANY and LEWIS TREE
SERVICE, INC., through their respective counsel, hereby jointly move this Court for an order
modifying this Court’s Scheduling order, and state as follows:
1. This is a wrongful death action in which Plaintiff alleges that the decedent,
Legitime Elisbrun, was electrocuted while trimming a palm tree near power lines.
2. The parties have been working diligently through fact discovery in this case.
However, despite the parties’ best efforts, they have not been able to complete fact (or expert)
discovery.
3. Some of the reasons for the difficulties in completing fact discovery were issues
locating and getting a witness to attend a deposition, as well as the busy schedules of FPL witnesses
1
who are out in the field and at one point needed to tend to emergency storm-recovery efforts. In
addition, the pandemic has also created scheduling difficulties for the parties.
4. While much progress has been made, there still remains fact and expert discovery
to be completed. The parties intend to work to complete same as expeditiously as possible.
5. The parties respectfully suggest that there is good cause to modify the Court’s
scheduling order, with the new dates to be set as follows:
I. FACT WITNESS DISCOVERY/AMENDMENTS TO PLEADINGS: SHALL BE
COMPLETED BY AUGUST 13, 2021
II. EXPERT WITNESS DISCLOSURES:
a. Plaintiff’s Expert Witness Disclosure is due by August 13, 2021.
b. Defendants’ Expert Witness Disclosure is due by August 27, 2021.
c. Parties’ Rebuttal Expert Witness Disclosure is due by September 3, 2021.
d. The parties shall comply with all of the provisions regarding expert testimony
that is required by Fla.R.Civ.P. 1.280(b)(5)(A), including furnishing opposing
counsel with two (2) alternative dates of availability of all expert witnesses for
the purpose of taking their deposition. Both sides shall cooperate in the
scheduling of such expert depositions. The Defendants shall be entitled to
depose Plaintiff’s experts in each respective specialty before the defense experts
are deposed.
e. Expert depositions shall be completed by November 19, 2021.
III. DISCOVERY & MEDIATION: SHALL BE COMPLETED BY NOVEMBER 19,
2021
IV. PRE-TRIAL MOTIONS:
a. Any dispositive motion shall be filed by November 12, 2021. Any Response in
Opposition to any dispositive motion shall be filed by December 3, 2021. Any
Reply to any Response shall be filed by December 17, 2021. Thereafter,
counsel shall contact Chambers to set for Hearing.
b. Any pre-trial motions, including Daubert related motions, shall be filed by
January 14, 2022. Any Response in Opposition to same shall be filed by
February 14, 2022. Any Reply to any Response shall be filed by March 1,
2022. These motions shall be heard at the Pre-Trial Conference.
c. Proposed Jury Instructions shall be filed by February 25, 2022.
d. Exhibit lists shall be exchanged, pre-marked, objections noted, and uploaded to
2
the Clerk by March 4, 2022.
e. Any Joint Pre-Trial Stipulation shall be filed by March 4, 2022.
V. PRE-TRIAL CONFERENCE: SHALL TAKE PLACE ON MARCH XX, 2022 at
_____ am/pm (to be completed by Court)
At the Pre-Trial Conference, the parties shall be prepared to discuss all items set forth
in Fla.R.Civ.P. 1.200(b). The parties shall also be prepared to comply with Local
Administrative Memo No. 20-C 24 AF CA 01 dated 1 SEPT 2020.
6. These modifications are set forth in good faith, and not for purposes of delay.
WHEREFORE, the Parties respectfully request that this Court enter an order modifying
the schedule as set fort above.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished by Electronic Mail on this 30th day of April, 2021 to the following recipients:
Robert E. Boan, Esquire FREIDIN BROWN P.A.
Angelica Torrents Roque, Esquire One Biscayne Tower, Suite 3100
FLORIDA POWER & LIGHT COMPANY 2 South Biscayne Boulevard
LAW DEPARTMENT Miami, FL 33131
4200 West Flagler Street Telephone: (305) 371-3666
LAW/SCS – Second Floor Facsimile: (305) 371-6725
Miami, Florida 33134 jhb@fblawyers.net
Telephone: (305) 442-5115 jf@fblawyners.net
robert.boan@fpl.com ya@fblawyers.net
angelica.roque@fpl.com pleadings@fblawyers.net
miriam.corzo.garcia@fpl.com Counsel for Plaintiff
Counsel for Florida Power & Light
By: /s/ Jonathan E. Freidin
By: /s/ Angelica Torrents Roque
JOEL H. BROWN
ANGELICA TORRENTS ROQUE Florida Bar No.: 131231
Florida Bar No.: 0037874 JONATHAN FREIDIN
ROBERT E. BOAN Florida Bar No: 098955
Florida Bar No.: 353078
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Michael K. Wilensky, Esquire Steven M. Singer, Esquire
CONROY SIMBERG STEVEN M. SINGER, P.A.
3440 Hollywood Boulevard 7901 SW 6th Court
2nd Floor Suite 305
Hollywood, Florida 33021 Plantation, FL 33324
Telephone: (954) 518-1221 steven.m.singerpa@gmail.com
mwilensky@conroysimberg.com Co-counsel for Plaintiff
ddemarais@conroysimberg.com
Counsel for Lewis Tree Services, Inc. By: /s/ Steven M. Singer
By: /s/ Michael K. Wilensky STEVEN M. SINGER
Florida Bar No.: 352381
MICHAEL K. WILENSKY
Florida Bar No.: 313289
4
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Filing # 125942121 E-Filed 04/30/2021 01:35:18 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 18-34416 CA 01 YVETTE BONHEUR, as Personal Representative of the Estate of LEGITIME ELISBRUN, Plaintiff, vs. FLORIDA POWER & LIGHT COMPANY and LEWIS TREE SERVICE, INC. Defendants. __________________________________/ JOINT MOTION TO MODIFY SCHEDULING ORDER Plaintiff, YVETTE BONHEUR, as Personal Representative of the Estate of Legitime Elisbrun and Defendants FLORIDA POWER & LIGHT COMPANY and LEWIS TREE SERVICE, INC., through their respective counsel, hereby jointly move this Court for an order modifying this Court’s Scheduling order, and state as follows: 1. This is a wrongful death action in which Plaintiff alleges that the decedent, Legitime Elisbrun, was electrocuted while trimming a palm tree near power lines. 2. The parties have been working diligently through fact discovery in this case. However, despite the parties’ best efforts, they have not been able to complete fact (or expert) discovery. 3. Some of the reasons for the difficulties in completing fact discovery were issues locating and getting a witness to attend a deposition, as well as the busy schedules of FPL witnesses 1 who are out in the field and at one point needed to tend to emergency storm-recovery efforts. In addition, the pandemic has also created scheduling difficulties for the parties. 4. While much progress has been made, there still remains fact and expert discovery to be completed. The parties intend to work to complete same as expeditiously as possible. 5. The parties respectfully suggest that there is good cause to modify the Court’s scheduling order, with the new dates to be set as follows: I. FACT WITNESS DISCOVERY/AMENDMENTS TO PLEADINGS: SHALL BE COMPLETED BY AUGUST 13, 2021 II. EXPERT WITNESS DISCLOSURES: a. Plaintiff’s Expert Witness Disclosure is due by August 13, 2021. b. Defendants’ Expert Witness Disclosure is due by August 27, 2021. c. Parties’ Rebuttal Expert Witness Disclosure is due by September 3, 2021. d. The parties shall comply with all of the provisions regarding expert testimony that is required by Fla.R.Civ.P. 1.280(b)(5)(A), including furnishing opposing counsel with two (2) alternative dates of availability of all expert witnesses for the purpose of taking their deposition. Both sides shall cooperate in the scheduling of such expert depositions. The Defendants shall be entitled to depose Plaintiff’s experts in each respective specialty before the defense experts are deposed. e. Expert depositions shall be completed by November 19, 2021. III. DISCOVERY & MEDIATION: SHALL BE COMPLETED BY NOVEMBER 19, 2021 IV. PRE-TRIAL MOTIONS: a. Any dispositive motion shall be filed by November 12, 2021. Any Response in Opposition to any dispositive motion shall be filed by December 3, 2021. Any Reply to any Response shall be filed by December 17, 2021. Thereafter, counsel shall contact Chambers to set for Hearing. b. Any pre-trial motions, including Daubert related motions, shall be filed by January 14, 2022. Any Response in Opposition to same shall be filed by February 14, 2022. Any Reply to any Response shall be filed by March 1, 2022. These motions shall be heard at the Pre-Trial Conference. c. Proposed Jury Instructions shall be filed by February 25, 2022. d. Exhibit lists shall be exchanged, pre-marked, objections noted, and uploaded to 2 the Clerk by March 4, 2022. e. Any Joint Pre-Trial Stipulation shall be filed by March 4, 2022. V. PRE-TRIAL CONFERENCE: SHALL TAKE PLACE ON MARCH XX, 2022 at _____ am/pm (to be completed by Court) At the Pre-Trial Conference, the parties shall be prepared to discuss all items set forth in Fla.R.Civ.P. 1.200(b). The parties shall also be prepared to comply with Local Administrative Memo No. 20-C 24 AF CA 01 dated 1 SEPT 2020. 6. These modifications are set forth in good faith, and not for purposes of delay. WHEREFORE, the Parties respectfully request that this Court enter an order modifying the schedule as set fort above. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by Electronic Mail on this 30th day of April, 2021 to the following recipients: Robert E. Boan, Esquire FREIDIN BROWN P.A. Angelica Torrents Roque, Esquire One Biscayne Tower, Suite 3100 FLORIDA POWER & LIGHT COMPANY 2 South Biscayne Boulevard LAW DEPARTMENT Miami, FL 33131 4200 West Flagler Street Telephone: (305) 371-3666 LAW/SCS – Second Floor Facsimile: (305) 371-6725 Miami, Florida 33134 jhb@fblawyers.net Telephone: (305) 442-5115 jf@fblawyners.net robert.boan@fpl.com ya@fblawyers.net angelica.roque@fpl.com pleadings@fblawyers.net miriam.corzo.garcia@fpl.com Counsel for Plaintiff Counsel for Florida Power & Light By: /s/ Jonathan E. Freidin By: /s/ Angelica Torrents Roque JOEL H. BROWN ANGELICA TORRENTS ROQUE Florida Bar No.: 131231 Florida Bar No.: 0037874 JONATHAN FREIDIN ROBERT E. BOAN Florida Bar No: 098955 Florida Bar No.: 353078 3 Michael K. Wilensky, Esquire Steven M. Singer, Esquire CONROY SIMBERG STEVEN M. SINGER, P.A. 3440 Hollywood Boulevard 7901 SW 6th Court 2nd Floor Suite 305 Hollywood, Florida 33021 Plantation, FL 33324 Telephone: (954) 518-1221 steven.m.singerpa@gmail.com mwilensky@conroysimberg.com Co-counsel for Plaintiff ddemarais@conroysimberg.com Counsel for Lewis Tree Services, Inc. By: /s/ Steven M. Singer By: /s/ Michael K. Wilensky STEVEN M. SINGER Florida Bar No.: 352381 MICHAEL K. WILENSKY Florida Bar No.: 313289 4