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Filing # 167276101 E-Filed 02/22/2023 08:35:16 AM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND
FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 21-CA-410
VENISSA DRIGGER, as Personal
Representative of the Estate of David B. Flick,
Deceased,
Plaintiff(s),
vs.
MARK BARCIA, HOOTERS OF PORT
CHARLOTTE, INC., BWR NORTH PORT,
LLC d/b/a BUFFALO WINGS AND RINGS,
ATLANTA RESTAURANT PARTNERS, LLC
d/b/a TGI FRIDAYS, and JACKMONT
HOSPITALITY, INC. d/b/a TGI FRIDAYS,
Defendant(s).
SECOND AMENDED AGREED CASE MANAGEMENT PLAN AND ORDER
[Order entered on 1/7/22 Designating Action as Complex]
The parties hereby submit the following Second Amended Agreed Case Management Plan to the Court
for approval:
Case Track Assignment:
Expedited Track (Case resolved within 12 months);
(It is recommended that discovery and an alternative dispute resolution be completed
within 270 days after the complaint is filed and a final disposition entered within 365 days
after the complaint is filed)
Standard Track (Case is resolved within 18 months);
(It is recommended that discovery and an alternative dispute resolution be completed
within 450 days after the complaint is filed and a final disposition entered within 540 days
after the complaint is filed)
RK Complex Track (Case resolved within 2 years)
(Case will likely be declared complex per Florida Rule of Civil Procedure 1.201)DEADLINE OR EVENT AGREED DATE
Statement of Facts and/or Counterclaim(s)
June 28, 2022
July 12, 2022
Identification of facts the parties believe to be disputed
June 28, 2022
July 12, 2022
Identification of the issues of law to be decided by the Court
Plaintiff: | June 28, 2022
Defendant: | July 12, 2022
Motions to Add Parties or to Amend Pleadings
Plaintiff: | June 1, 2023
Defendant: | June 1, 2023
Disclosure of Fact Witnesses
Plaintiff: | July 12, 2022
Defendant: | July 27, 2022
Disclosure of Expert Witnesses
Plaintiff: | March 15, 2023
Defendant: | April 1, 2023
Filing of Exhibit List
Plaintiff: | August 1, 2023
Defendant: | August 1, 2023
Discovery Deadline for Fact Witnesses
(All discovery must be commenced in time to be
completed before this date) June 1, 2023
June 1, 2023
Expert Opinion Available to Opposing Party
(It is recommended that the last exchange occur 4 months before trial and
1-2 months before discovery deadline to allow time for expert
depositions. This does not require a written report unless otherwise
required by the rule.) Plaintiff: | July 1, 2023
Defendant: | July 15, 2023
Discovery Deadline for Expert Witnesses
Plaintiff: | July 15, 2023
Defendant:Completion of Alternative Dispute Resolution (ADR) The parties attended
(Mediation is mandatory unless the parties agree to another form of ADR. Non-binding
If early ADR is selected and it does not result in settlement or disposition Arbitration on
of this entire action, a case management conference will be scheduled January 13, 2023
within 45 days from the date of ADR ) Deadline: and an award is
Type of ADR: pending
Deadline for Filing Dispositive Motions
(Court requires filing not later than 10 days prior to the pretrial 45 days prior to pretrial
conference
Pretrial Conference Date An Order will be issued
(Unless early ADR is selected, a pretrial conference date will be by the Court scheduling
scheduled within 45 days of the date of ADR not resulting in settlement the Pretrial Conference.
or disposition of this entire action.
Other Deadlines or Events: No less than 30 days
before trial
Trial Information
Estimated Date the Case Will Be Prepared To Go To Trial
(If counsel and unrepresented parties do not agree on the estimated date September 1, 2023
on which the case will be prepared to go to trial, the Court may on its
own motion set the case for trial
Estimated Length of Trial (specify the number of trial days): 10-14 days
Identification of Jury or Non-Jury Trial
The above-referenced schedule of deadlines will be strictly adhered to by the parties unless a change is
otherwise agreed to by the parties and approved by the Court. The Court will consider a request to approve
changes to these deadlines upon a showing of good cause by either party based on matters arising from an
emergency nature or unavailability. However, once the Agreed Case Management Plan has been approved
by the Court, procrastination in completing discovery or the unavailability of counsel will not constitute
good cause for a change to these deadlines. The failure to abide by these deadlines may result in sanctions
by the Court, including the award of attomey’s fees, the striking of pleadings, and/or a dismissal of the
action.
Dated: 2/21/2023
/s/ Randall Spivey /s/ Jorge W. Rodriguez Sierra
ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT, BWR North
Randall Spivey, Esq. Port, LLC d/b/a Buffalo Wings and Rings
Florida Bar No. 64742 Howard W. Holden
SPIVEY LAW FIRM Florida Bar No. 814067
13400 Parker Commons Blvd. Jorge 'W. Rodriguez Sierra, Esq.
Fort Myers, FL 33912 Florida Bar No. 1004215
2 LUKS, SANTANIELLO, PETRILLO, COHEN &
Telephone: (239) 337-7483 PETERERIEND
1422 HENDRY STREET
3rd Floor
FORT MYERS FL, 33901
Telephone: (239) 561-2828/s/ Jeffrey Jensen
ATTORNEY FOR DEFEDANT, MARK BARCIA
Jeffrey Jensen., Esq.
Florida Bar No.: 21017
UNICE, SALZMAN, JENSEN, P.A.
1815 Little Road
Trinity, FL 34655
Telephone: (727) 723-3772
/s/ Joshua W. Brankamp
ATTORNEY FOR DEFENDANT, HOOTERS OF
PORT CHARLOTTE, INC.
Michael Rubin, Esq.
Joshua W. Brankamp, Esq.
Florida Bar No.: 027903 and 31315
RITTER CHUSID, LLP
5850 Coral Ridge Drive, Suite 201
Coral Springs, Fl. 33076
Telephone: (954) 340-2200
/s/ Yasmine Kirollos
ATTORNEYS FOR JACKMONT
HOSPITALITY, INC AND ATLANTA
RESTAURANTS PARTNERS, LLC D/B/A TGI
FRIDAYS
Yasmine Kirollos, Esq.
Florida Bar No.: 110380
CONROY SIMBERG
12730 New Brittany Blvd., Suite 300
Fort Myers, FL 33907
Telephone: (239) 337-1101
ORDER APPROVING SECOND AMENDED AGREED CASE MANAGEMENT PLAN
THE COURT having reviewed the preceding Second Amended Agreed Case Management Plan
and finding it to be satisfactory, it is:
ORDERED AND ADJUDGED that the Second Amended Agreed Case Management Plan is
hereby APPROVED AND ALL PARTIES SHALL ABIDE BY THE TERMS HEREIN.
ORDERED in Charlotte County, Punta Gorda, Florida.
Electronic Service List
Curtright C. Truitt ,
James Francis Sposato Mr.
eSigh FREY H in 21000410CA,
con 02/22/2023 08:34:59 DIIDRCKb
Honorable Geoffrey H. Gentile
Circuit Court Judge
Cristobal Antonio Casal , ,
Howard W Holden , ,
Jorge W. Rodriguez Sierra ,
Joshua W. Brankamp
Michael Rubin ,
Michael Rubin
Mitchel Chusid ,
Randall L. Spivey , ,
TR Unice Jr , ,
Yasmine Kirollos , ,
HOWARD WILLIAM HOLDEN
LAURIE J ADAMS
JUDICIAL ASSISTANT
CASE MANAGEMENT
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Filing # 167276101 E-Filed 02/22/2023 08:35:16 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 21-CA-410 VENISSA DRIGGER, as Personal Representative of the Estate of David B. Flick, Deceased, Plaintiff(s), vs. MARK BARCIA, HOOTERS OF PORT CHARLOTTE, INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, and JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, Defendant(s). SECOND AMENDED AGREED CASE MANAGEMENT PLAN AND ORDER [Order entered on 1/7/22 Designating Action as Complex] The parties hereby submit the following Second Amended Agreed Case Management Plan to the Court for approval: Case Track Assignment: Expedited Track (Case resolved within 12 months); (It is recommended that discovery and an alternative dispute resolution be completed within 270 days after the complaint is filed and a final disposition entered within 365 days after the complaint is filed) Standard Track (Case is resolved within 18 months); (It is recommended that discovery and an alternative dispute resolution be completed within 450 days after the complaint is filed and a final disposition entered within 540 days after the complaint is filed) RK Complex Track (Case resolved within 2 years) (Case will likely be declared complex per Florida Rule of Civil Procedure 1.201)DEADLINE OR EVENT AGREED DATE Statement of Facts and/or Counterclaim(s) June 28, 2022 July 12, 2022 Identification of facts the parties believe to be disputed June 28, 2022 July 12, 2022 Identification of the issues of law to be decided by the Court Plaintiff: | June 28, 2022 Defendant: | July 12, 2022 Motions to Add Parties or to Amend Pleadings Plaintiff: | June 1, 2023 Defendant: | June 1, 2023 Disclosure of Fact Witnesses Plaintiff: | July 12, 2022 Defendant: | July 27, 2022 Disclosure of Expert Witnesses Plaintiff: | March 15, 2023 Defendant: | April 1, 2023 Filing of Exhibit List Plaintiff: | August 1, 2023 Defendant: | August 1, 2023 Discovery Deadline for Fact Witnesses (All discovery must be commenced in time to be completed before this date) June 1, 2023 June 1, 2023 Expert Opinion Available to Opposing Party (It is recommended that the last exchange occur 4 months before trial and 1-2 months before discovery deadline to allow time for expert depositions. This does not require a written report unless otherwise required by the rule.) Plaintiff: | July 1, 2023 Defendant: | July 15, 2023 Discovery Deadline for Expert Witnesses Plaintiff: | July 15, 2023 Defendant:Completion of Alternative Dispute Resolution (ADR) The parties attended (Mediation is mandatory unless the parties agree to another form of ADR. Non-binding If early ADR is selected and it does not result in settlement or disposition Arbitration on of this entire action, a case management conference will be scheduled January 13, 2023 within 45 days from the date of ADR ) Deadline: and an award is Type of ADR: pending Deadline for Filing Dispositive Motions (Court requires filing not later than 10 days prior to the pretrial 45 days prior to pretrial conference Pretrial Conference Date An Order will be issued (Unless early ADR is selected, a pretrial conference date will be by the Court scheduling scheduled within 45 days of the date of ADR not resulting in settlement the Pretrial Conference. or disposition of this entire action. Other Deadlines or Events: No less than 30 days before trial Trial Information Estimated Date the Case Will Be Prepared To Go To Trial (If counsel and unrepresented parties do not agree on the estimated date September 1, 2023 on which the case will be prepared to go to trial, the Court may on its own motion set the case for trial Estimated Length of Trial (specify the number of trial days): 10-14 days Identification of Jury or Non-Jury Trial The above-referenced schedule of deadlines will be strictly adhered to by the parties unless a change is otherwise agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, once the Agreed Case Management Plan has been approved by the Court, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines. The failure to abide by these deadlines may result in sanctions by the Court, including the award of attomey’s fees, the striking of pleadings, and/or a dismissal of the action. Dated: 2/21/2023 /s/ Randall Spivey /s/ Jorge W. Rodriguez Sierra ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT, BWR North Randall Spivey, Esq. Port, LLC d/b/a Buffalo Wings and Rings Florida Bar No. 64742 Howard W. Holden SPIVEY LAW FIRM Florida Bar No. 814067 13400 Parker Commons Blvd. Jorge 'W. Rodriguez Sierra, Esq. Fort Myers, FL 33912 Florida Bar No. 1004215 2 LUKS, SANTANIELLO, PETRILLO, COHEN & Telephone: (239) 337-7483 PETERERIEND 1422 HENDRY STREET 3rd Floor FORT MYERS FL, 33901 Telephone: (239) 561-2828/s/ Jeffrey Jensen ATTORNEY FOR DEFEDANT, MARK BARCIA Jeffrey Jensen., Esq. Florida Bar No.: 21017 UNICE, SALZMAN, JENSEN, P.A. 1815 Little Road Trinity, FL 34655 Telephone: (727) 723-3772 /s/ Joshua W. Brankamp ATTORNEY FOR DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC. Michael Rubin, Esq. Joshua W. Brankamp, Esq. Florida Bar No.: 027903 and 31315 RITTER CHUSID, LLP 5850 Coral Ridge Drive, Suite 201 Coral Springs, Fl. 33076 Telephone: (954) 340-2200 /s/ Yasmine Kirollos ATTORNEYS FOR JACKMONT HOSPITALITY, INC AND ATLANTA RESTAURANTS PARTNERS, LLC D/B/A TGI FRIDAYS Yasmine Kirollos, Esq. Florida Bar No.: 110380 CONROY SIMBERG 12730 New Brittany Blvd., Suite 300 Fort Myers, FL 33907 Telephone: (239) 337-1101 ORDER APPROVING SECOND AMENDED AGREED CASE MANAGEMENT PLAN THE COURT having reviewed the preceding Second Amended Agreed Case Management Plan and finding it to be satisfactory, it is: ORDERED AND ADJUDGED that the Second Amended Agreed Case Management Plan is hereby APPROVED AND ALL PARTIES SHALL ABIDE BY THE TERMS HEREIN. ORDERED in Charlotte County, Punta Gorda, Florida. Electronic Service List Curtright C. Truitt , James Francis Sposato Mr. eSigh FREY H in 21000410CA, con 02/22/2023 08:34:59 DIIDRCKb Honorable Geoffrey H. Gentile Circuit Court Judge Cristobal Antonio Casal , , Howard W Holden , , Jorge W. Rodriguez Sierra , Joshua W. Brankamp Michael Rubin , Michael Rubin Mitchel Chusid , Randall L. Spivey , , TR Unice Jr , , Yasmine Kirollos , , HOWARD WILLIAM HOLDEN LAURIE J ADAMS JUDICIAL ASSISTANT CASE MANAGEMENT