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Filing # 161113203 E-Filed 11/13/2022 09:21:03 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
SANDRA PARSLEY, CASE NO.: 21-001118-CA
Plaintiff,
vs.
THE STAINTON CORPORATION d/b/a
DEAN’S SOUTH OF THE BORDER,
Defendant.
/
DEFENDANT, THE STAINTON CORPORATION d/b/a DEAN’S SOUTH OF THE
BORDER’S MOTION FOR EXTENSION OF TIME TO RESPOND
TO PLAINTIFF’S EXPERT DISCOVERY
Defendant, THE STAINTON CORPORATION d/b/a DEAN’ S SOUTH OF THE BORDER,
(“Defendant”), by and through its undersigned counsel, pursuant to applicable Florida Rules of Civil
Procedure, moves for an extension of time to respond to Plaintiff’ s Expert Interrogatories and Expert
Request to Produce.
1 The Plaintiff is seeking monetary damages for alleged injuries sustained when she
allegedly fell while dancing at the Defendant’s premises on November 6, 2020. According to
Plaintiff's deposition testimony, a paver shifted.
2 On October 14, 2022, Plaintiff propounded her Boecher/Expert Jnterrogatories and
Boeccher/Worley/Northrup Request to Produce upon Defendant (collectively the “Expert
Discovery”).
3 In November 2022, Defendant served its Third-Party Complaint upon Anderson
Builders, the general contractor which constructed the paver patio upon which Plaintiff allegedly fell.
Thus, this action is no longer at issue.
4 On or about September 20, 2022 [Filing #15779 1620], this Honorable Court entered
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER « 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 * FAX 954-340-2210
an Order Setting Jury Trial/Non-Jury Trial and Pretrial Conference (the “Trial Order”). However,
on November 4, 2022, Defendant filed its Motion to Continue/ Strike this action from the Trial
docket, given the newly-filed Third-Party Complaint (the “Motion”) and the forthcoming
involvement of the Third-Party Defendant, Anderson Builders, in this action.
5 Given the pending Motion and likelihood that this action will be stricken from the
Trial docket, opening the door for new pretrial deadlines including expert disclosures, and given that
Defendant’s expert-related needs are likely to change once the Third-Party Defendant, Anderson
Builders, becomes involved, Defendant seeks an extension to respond to the Expert Discovery until
after the Motion has been heard and/or new pretrial deadlines are set.
6. Also upon information and belief, the Plaintiff recently underwent another surgery,
necessitating additional written discovery, an update deposition, and possibly the passage ofa short,
additional period of time prior to a Compulsory Medical Examination.
7
This Motion is brought in good faith and not for the purpose of delaying this
litigation. Defendant is in the process of scheduling the Motion for hearing.
WHEREFORE, Defendant respectfully requests this Court enter an Order granting this
Motion and extending Defendant’s time to respond to Plaintiff's Expert Discovery until after the
Court rules upon the Motion and/or sets new pretrial deadlines, and for such other and further relief
as this Court may deem just and proper.
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 * 954-340-2200 + FAX 954-340-2210
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via
electronic mail on this 13" day of November, 2022, to: All Counsel of Record on the Attached
Service List.
RITTER CHUSID, LLP
Counsel for Defendant, The Stainton Corporation
d/b/a Dean’s South of the Border
5850 Coral Ridge Drive, Suite 201
Coral Springs, Florida 33076
Telephone: (954) 340-2200
Facsimile: (954) 340-2210
By: /s/ Mitchel Chusid
Mitchel Chusid, Esq.
Florida Bar No.: 879282
mchusid@ritterchusid.com
Joshua W. Brankamp, Esq.
Florida Bar No.: 31315
jbrankamp@ritterchusid.com
Michael Rubin, Esq.
Florida Bar No.: 1027903
mrubin@ritterchusid.com
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210
SERVICE LIST
CASE NO.: 21-001118-CA
Benjamin Abdulnour, Esq.
Morgan & Morgan
12800 University Drive, Suite 600
Fort Myers, Florida 33907
Tel: 239-210-5350
Fax: 239-204-3813
babdulnour@forthepeople.com
nmcfarlane@forthepeople.com
Counsel for Plaintiff
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210
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Filing # 161113203 E-Filed 11/13/2022 09:21:03 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA SANDRA PARSLEY, CASE NO.: 21-001118-CA Plaintiff, vs. THE STAINTON CORPORATION d/b/a DEAN’S SOUTH OF THE BORDER, Defendant. / DEFENDANT, THE STAINTON CORPORATION d/b/a DEAN’S SOUTH OF THE BORDER’S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S EXPERT DISCOVERY Defendant, THE STAINTON CORPORATION d/b/a DEAN’ S SOUTH OF THE BORDER, (“Defendant”), by and through its undersigned counsel, pursuant to applicable Florida Rules of Civil Procedure, moves for an extension of time to respond to Plaintiff’ s Expert Interrogatories and Expert Request to Produce. 1 The Plaintiff is seeking monetary damages for alleged injuries sustained when she allegedly fell while dancing at the Defendant’s premises on November 6, 2020. According to Plaintiff's deposition testimony, a paver shifted. 2 On October 14, 2022, Plaintiff propounded her Boecher/Expert Jnterrogatories and Boeccher/Worley/Northrup Request to Produce upon Defendant (collectively the “Expert Discovery”). 3 In November 2022, Defendant served its Third-Party Complaint upon Anderson Builders, the general contractor which constructed the paver patio upon which Plaintiff allegedly fell. Thus, this action is no longer at issue. 4 On or about September 20, 2022 [Filing #15779 1620], this Honorable Court entered RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER « 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 * FAX 954-340-2210 an Order Setting Jury Trial/Non-Jury Trial and Pretrial Conference (the “Trial Order”). However, on November 4, 2022, Defendant filed its Motion to Continue/ Strike this action from the Trial docket, given the newly-filed Third-Party Complaint (the “Motion”) and the forthcoming involvement of the Third-Party Defendant, Anderson Builders, in this action. 5 Given the pending Motion and likelihood that this action will be stricken from the Trial docket, opening the door for new pretrial deadlines including expert disclosures, and given that Defendant’s expert-related needs are likely to change once the Third-Party Defendant, Anderson Builders, becomes involved, Defendant seeks an extension to respond to the Expert Discovery until after the Motion has been heard and/or new pretrial deadlines are set. 6. Also upon information and belief, the Plaintiff recently underwent another surgery, necessitating additional written discovery, an update deposition, and possibly the passage ofa short, additional period of time prior to a Compulsory Medical Examination. 7 This Motion is brought in good faith and not for the purpose of delaying this litigation. Defendant is in the process of scheduling the Motion for hearing. WHEREFORE, Defendant respectfully requests this Court enter an Order granting this Motion and extending Defendant’s time to respond to Plaintiff's Expert Discovery until after the Court rules upon the Motion and/or sets new pretrial deadlines, and for such other and further relief as this Court may deem just and proper. RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 * 954-340-2200 + FAX 954-340-2210 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via electronic mail on this 13" day of November, 2022, to: All Counsel of Record on the Attached Service List. RITTER CHUSID, LLP Counsel for Defendant, The Stainton Corporation d/b/a Dean’s South of the Border 5850 Coral Ridge Drive, Suite 201 Coral Springs, Florida 33076 Telephone: (954) 340-2200 Facsimile: (954) 340-2210 By: /s/ Mitchel Chusid Mitchel Chusid, Esq. Florida Bar No.: 879282 mchusid@ritterchusid.com Joshua W. Brankamp, Esq. Florida Bar No.: 31315 jbrankamp@ritterchusid.com Michael Rubin, Esq. Florida Bar No.: 1027903 mrubin@ritterchusid.com RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 SERVICE LIST CASE NO.: 21-001118-CA Benjamin Abdulnour, Esq. Morgan & Morgan 12800 University Drive, Suite 600 Fort Myers, Florida 33907 Tel: 239-210-5350 Fax: 239-204-3813 babdulnour@forthepeople.com nmcfarlane@forthepeople.com Counsel for Plaintiff RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210