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Filing# 179098032 E-Filed 08/07/2023 04:12:47 PM
INTHE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JOY FURER, CASE NO.: CACE-21-016578
Plaintiff,
V.
GG RE HOLLYWOOD BEACH 613 LLC,
and RELAXPRO, LLC,
Defendants.
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PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT, GG RE HOLLYWOOD
BEACH 613 LLC'S MOTION TO CONTINUE AND EXTEND PRE-TRIAL DEADLINES
AND INCORPORATED MEMORANDUM OF LAW
COMES NOW, Plaintiff,JOY FURER, by
("Plaintiff'), and through her undersigned
counsel, responds to Defendant, GG RE HOLLYWOOD BEACH 613 LLC's ("GG") Motion
to Continue and Extend Pre-trial Deadlines and Incorporated Memorandum of Law, and
in opposition thereto, states as follows:
1. On January 5, 2021, Plaintiff was a victim of a carjacking and assault at gunpoint
that occurred while on the parking lot of Neptune Hollywood Beach Hotel located
at 2012 N Surf Road, Holly-wood, Florida.
2. GG RE HOLLYWOOD BEACH 613 LLC (hereinafter "GG"), owned, maintained,
possessed, and controlled the property.
3. GG breached its duty to exercise reasonable care for the safety and protection of
its invitees and the public by failing to provide adequate security for its invitees
and the public.
4. As a result of the subject assault, Plaintiff suffered significant, traumatic injuries.
5. Plaintiff was treated and continues to be treated for the injuries arising from the
subject assault.
6. Plaintiffs Complaint was filed August 31, 2021.
1
10800 Biscayne Blvd Suite 700
Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055
www.danielcourtneylaw. com dc@danielcourtneylaw. com
*** FILED: BROWARD
COUNTY, FL BRENDA D. FORMAN, CLERK 08/07/2023 04: 12:47 PM.****
7. On January 19, 2022, Plaintiffprovided the information of all significant medical
providers provided in her answer to GG's Interrogatory Number 15.
8. On January 31, 2023, this Court denied GG's Motion for Continuance but bailed
out GG by allowing the parties to jointly agree on extending deadlines so GG
could, inter alia, conduct any necessary CME's.
9. Pursuant to agreement, expert witness disclosures were due on March 15,2023.
GG disclosed an orthopedic surgeon and security expert.
10. Pursuant to agreement, the deadline to conduct CME's was March 30,2023. This
was done solely to accommodate GG's orthopedic surgeon's schedule.
11.Calendar Call for this matter was on May 1, 2023.
12.This cause was not called for trial and on May 14, 2023, the Court reset this
matter for the trial docket beginning on August 28,2023 with Calendar Call on
August 21, 2023.
13.On Monday, May 22, 2023 GG filed a Motion to Extend CME Deadline.
14. This Court granted GG's Motion to Extend CME Deadlines and Discovery Cutoff.
15. Pursuant to the Court's Order, Plaintiff underwent two (2) additional CMEs
totaling to three (3) examinations.
16. Plaintiff has executed and provided to opposing counsel 93 authorizations in
this matter.
17. Plaintiff has testified regarding her prior accidents and damages.
18. GG has gathered thousands of pages worth of transcripts and records regarding
Plaintiffs history.
19. This Court and Plaintiffs counsel have agreed to extend several deadlines to
accommodate GG.
2
10800 Biscayne Blvd Suite 700
Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055
www.danielcourtneylaw. com dc@danielcourtneylaw. com
20. Most recently, on July 26, 2023, GG's Motion to Extend Dispositive Motions,
Deposition Objections, Expert Challenges and Motions in Limine was granted by
this Court.
21. At the July 26th hearing GG testified in yet another attempt to further push this
matter that it hired counsel from New York to help with said state's subpoenas.
GG admitted to this Court that they only first retained New York counsel in July,
2023.
22. GG has had more than sufficient time to conduct discovery and gather
information to help its defense.
23. Plaintiff admits she has had a plethora of providers in her years on this earth and
allowing Defendants more time to see if they can track down more providers is
not sufficient grounds to further continue this case.
24. None of the issues raised in GG's Motion justify further continuing this matter.
25. All of Plaintiffs alleged failures can be exploited on cross examination at trial.
26. Plaintiff is suffering immensely as a result of this incident.
27. Plaintiff would be extraordinarily prejudiced should the Court grant GG's Motion.
WHEREFORE, Plaintiff respectfully requests that this Court deny Defendant, GG
RE HOLLYWOOD BEACH 613 LLC's Motion to Continue and Extend Pre-trial
Deadlines and Incorporated Memorandum of Law.
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10800 Biscayne Blvd Suite 700
Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055
www.danielcourtneylaw. com dc@danielcourtneylaw. com
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served
via the Florida Courts E-filing E-portal on to: Amanda N. Rumker, Esq., John J. Glenn,
Esq., ANDERSONGLENN LLP, 2650 North Military Trial, Suite 430, Boca Raton, Florida
33341 at arumker@asglaw.com; andjglenn@asglaw.com, (Counsel for GG RE Hollywood
Beach 613 LLC) and Alicia M. Corbo, Esq., Eric C. Sage, Esq., Mitrani, Rynor, Adamsky
& Toland, P.A., 1200 Weston Raod, Penthouse, Weston, Florida 33326 at
acorbo@mitrani.com; and esage@mitrani.com, (Counsel for Relaxpro, LLC) on this 7th
day of August, 2023.
DANIEL W. COURTNEY, P.A.
10800 Biscayne Blvd
Suite 700
Miami, FL 33161
Telephone: (305) 579-0008
Facsimile: (305) 563-7055
s / Daniel W. Courtney
Daniel W. Courtney
Florida Bar No: 0499781
dc@clanielcourtnevlaw.com
4
10800 Biscayne Blvd Suite 700
Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055
www.danielcourtneylaw. com dc@danielcourtneylaw. com
Preview
Filing# 179098032 E-Filed 08/07/2023 04:12:47 PM INTHE CIRCUIT COURT FOR THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JOY FURER, CASE NO.: CACE-21-016578 Plaintiff, V. GG RE HOLLYWOOD BEACH 613 LLC, and RELAXPRO, LLC, Defendants. 1 PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT, GG RE HOLLYWOOD BEACH 613 LLC'S MOTION TO CONTINUE AND EXTEND PRE-TRIAL DEADLINES AND INCORPORATED MEMORANDUM OF LAW COMES NOW, Plaintiff,JOY FURER, by ("Plaintiff'), and through her undersigned counsel, responds to Defendant, GG RE HOLLYWOOD BEACH 613 LLC's ("GG") Motion to Continue and Extend Pre-trial Deadlines and Incorporated Memorandum of Law, and in opposition thereto, states as follows: 1. On January 5, 2021, Plaintiff was a victim of a carjacking and assault at gunpoint that occurred while on the parking lot of Neptune Hollywood Beach Hotel located at 2012 N Surf Road, Holly-wood, Florida. 2. GG RE HOLLYWOOD BEACH 613 LLC (hereinafter "GG"), owned, maintained, possessed, and controlled the property. 3. GG breached its duty to exercise reasonable care for the safety and protection of its invitees and the public by failing to provide adequate security for its invitees and the public. 4. As a result of the subject assault, Plaintiff suffered significant, traumatic injuries. 5. Plaintiff was treated and continues to be treated for the injuries arising from the subject assault. 6. Plaintiffs Complaint was filed August 31, 2021. 1 10800 Biscayne Blvd Suite 700 Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055 www.danielcourtneylaw. com dc@danielcourtneylaw. com *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/07/2023 04: 12:47 PM.**** 7. On January 19, 2022, Plaintiffprovided the information of all significant medical providers provided in her answer to GG's Interrogatory Number 15. 8. On January 31, 2023, this Court denied GG's Motion for Continuance but bailed out GG by allowing the parties to jointly agree on extending deadlines so GG could, inter alia, conduct any necessary CME's. 9. Pursuant to agreement, expert witness disclosures were due on March 15,2023. GG disclosed an orthopedic surgeon and security expert. 10. Pursuant to agreement, the deadline to conduct CME's was March 30,2023. This was done solely to accommodate GG's orthopedic surgeon's schedule. 11.Calendar Call for this matter was on May 1, 2023. 12.This cause was not called for trial and on May 14, 2023, the Court reset this matter for the trial docket beginning on August 28,2023 with Calendar Call on August 21, 2023. 13.On Monday, May 22, 2023 GG filed a Motion to Extend CME Deadline. 14. This Court granted GG's Motion to Extend CME Deadlines and Discovery Cutoff. 15. Pursuant to the Court's Order, Plaintiff underwent two (2) additional CMEs totaling to three (3) examinations. 16. Plaintiff has executed and provided to opposing counsel 93 authorizations in this matter. 17. Plaintiff has testified regarding her prior accidents and damages. 18. GG has gathered thousands of pages worth of transcripts and records regarding Plaintiffs history. 19. This Court and Plaintiffs counsel have agreed to extend several deadlines to accommodate GG. 2 10800 Biscayne Blvd Suite 700 Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055 www.danielcourtneylaw. com dc@danielcourtneylaw. com 20. Most recently, on July 26, 2023, GG's Motion to Extend Dispositive Motions, Deposition Objections, Expert Challenges and Motions in Limine was granted by this Court. 21. At the July 26th hearing GG testified in yet another attempt to further push this matter that it hired counsel from New York to help with said state's subpoenas. GG admitted to this Court that they only first retained New York counsel in July, 2023. 22. GG has had more than sufficient time to conduct discovery and gather information to help its defense. 23. Plaintiff admits she has had a plethora of providers in her years on this earth and allowing Defendants more time to see if they can track down more providers is not sufficient grounds to further continue this case. 24. None of the issues raised in GG's Motion justify further continuing this matter. 25. All of Plaintiffs alleged failures can be exploited on cross examination at trial. 26. Plaintiff is suffering immensely as a result of this incident. 27. Plaintiff would be extraordinarily prejudiced should the Court grant GG's Motion. WHEREFORE, Plaintiff respectfully requests that this Court deny Defendant, GG RE HOLLYWOOD BEACH 613 LLC's Motion to Continue and Extend Pre-trial Deadlines and Incorporated Memorandum of Law. I I I I I I 3 10800 Biscayne Blvd Suite 700 Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055 www.danielcourtneylaw. com dc@danielcourtneylaw. com CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via the Florida Courts E-filing E-portal on to: Amanda N. Rumker, Esq., John J. Glenn, Esq., ANDERSONGLENN LLP, 2650 North Military Trial, Suite 430, Boca Raton, Florida 33341 at arumker@asglaw.com; andjglenn@asglaw.com, (Counsel for GG RE Hollywood Beach 613 LLC) and Alicia M. Corbo, Esq., Eric C. Sage, Esq., Mitrani, Rynor, Adamsky & Toland, P.A., 1200 Weston Raod, Penthouse, Weston, Florida 33326 at acorbo@mitrani.com; and esage@mitrani.com, (Counsel for Relaxpro, LLC) on this 7th day of August, 2023. DANIEL W. COURTNEY, P.A. 10800 Biscayne Blvd Suite 700 Miami, FL 33161 Telephone: (305) 579-0008 Facsimile: (305) 563-7055 s / Daniel W. Courtney Daniel W. Courtney Florida Bar No: 0499781 dc@clanielcourtnevlaw.com 4 10800 Biscayne Blvd Suite 700 Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055 www.danielcourtneylaw. com dc@danielcourtneylaw. com