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Filing# 172789987 E-Filed 05/09/2023 04:58:51 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.
I
PLAINTIFF'S RESPONSE TO DEFENDANT, GG RE HOLLYWOD BEACH 613 LLC'S
MOTION TO STRIKE PLAINTIFF'S LIABILTY EXPERT, DAVID R. WARD
COMES NOW, Plaintiff, JOY FURER, ("Plaintiff'),by and through her
undersigned counsel, responds to Defendant, GG RE HOLLYWOOD BEACH 613 LLC's
("GG") Motion to Strike Plaintiffs Liability Expert, David R. Ward, and in opposition
thereto, states as follows:
1. As a result of Defendants' failure to provide reasonable and adequate security,
Plaintiff was carjacked on Defendants' property on January 5, 2021.
2. During the struggle with two (2) armed criminals, Plaintiff escaped and in the
process tore the lateral meniscus in her left knee.
3. Plaintiffs Complaint was filed August 31, 2021.
4. Plaintiff obtained expert witness, David R. Ward, to investigate and assess the
security practices employed by Defendants on the subject premises.
5. Plaintiff upheld her duty to disclose the necessary information regarding expert,
David R. Ward, in her Expert Witness Disclosure, filed March 15,2023.
6. On March 30, 2023, Plaintiff confirmed with GG's counsel (as seen in the email
correspondence attached hereto as "Exhibit A") that April 26,2023 at 10:00a.m.
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 05/09/2023 04:58:50 PM.****
was an agreeable time and date for Mr. Ward's deposition, to which the counsel
for Defendant, RelaxPro, LLC, also agreed.
7. Within that same email, Plaintiff stated clearly that "Mr. Ward requires that
payment for his deposition be made beforehand," while providing as an
attachment Mr. Ward's invoice.
8. More than three (3) weeks later, on April 25, 2023-the day before the
scheduled spoke with Mr. Ward to provide the Zoom
information, when Mr. Ward advised Plaintiff that he had not yet received the
subject payment.
9. Plaintiff thereafter contacted GG's counsel who then explained that they had
forgotten to provide a check.
10. Mr. Ward agreed to proceed with the deposition if he received the check in hand
prior to the start of the deposition, which was 24 hours thereafter.
11. GG chose not to hand deliver a check prior to the deposition.
12. GG chose not to transfer funds via bank wire or some other method to Mr.
Ward.
13. Instead, GG canceled the deposition.
14. GG requested other dates and times to which the Deposition might be
rescheduled.
15. Even though Plaintiff had no obligation, as the period for conducting discovery
depositions was transpiring on April 28, 2023, Plaintiff conferred with Mr.
Ward, reached out to GG, and offered May 3,2023, for GG to depose Mr. Ward.
16. Incredibly, rather than responding, GG unnecessarily filed this Motion to have
Mr. Ward stricken entirely as an expert.
2
10800 Biscayne Blvd Suite 700
Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055
www.danielcourtneylaw. com dc@danielcourtneylaw. com
17. Despite GG's failure to pay Mr. Ward in advance of a deposition, both Plaintiff
and Mr. Ward were cooperative in attempting to allow GG to depose Mr. Ward.
18. GG had ample time and options to ensure that Mr. Ward be paid prior to the
April 26, 2023, 10:00a.m. deposition, which they failed to arrange, and more
importantly failed to conduct his deposition a week later when given the option.
19. Plaintiff would be greatly prejudiced if expert witness, David R. Ward, were
stricken.
WHEREFORE, Plaintiff respectfully requests that this Court deny Defendant,
GG RE HOLLYWOOD BEACH 613 LLC's Motion to Strike Plaintiffs Liability
Expert, David R. Ward.
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; and jglenn@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 gth day of May, 2023.
DANIEL W. COURTNEY, P.A.
10800 Biscayne Blvd
Suite 700
Miami, FL 33161
Telephone: (305) 579-0008
Facsimile: (305) 563-7055
s / DanielW. Courtney
Daniel W. Courtney
Florida Bar No: 0499781
dc@clanielcourtnevlaw.com
3
10800 Biscayne Blvd Suite 700Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055
www.danielcourtneylaw. com dc@danielcourtneylaw. com
Preview
Filing# 172789987 E-Filed 05/09/2023 04:58:51 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. I PLAINTIFF'S RESPONSE TO DEFENDANT, GG RE HOLLYWOD BEACH 613 LLC'S MOTION TO STRIKE PLAINTIFF'S LIABILTY EXPERT, DAVID R. WARD COMES NOW, Plaintiff, JOY FURER, ("Plaintiff'),by and through her undersigned counsel, responds to Defendant, GG RE HOLLYWOOD BEACH 613 LLC's ("GG") Motion to Strike Plaintiffs Liability Expert, David R. Ward, and in opposition thereto, states as follows: 1. As a result of Defendants' failure to provide reasonable and adequate security, Plaintiff was carjacked on Defendants' property on January 5, 2021. 2. During the struggle with two (2) armed criminals, Plaintiff escaped and in the process tore the lateral meniscus in her left knee. 3. Plaintiffs Complaint was filed August 31, 2021. 4. Plaintiff obtained expert witness, David R. Ward, to investigate and assess the security practices employed by Defendants on the subject premises. 5. Plaintiff upheld her duty to disclose the necessary information regarding expert, David R. Ward, in her Expert Witness Disclosure, filed March 15,2023. 6. On March 30, 2023, Plaintiff confirmed with GG's counsel (as seen in the email correspondence attached hereto as "Exhibit A") that April 26,2023 at 10:00a.m. 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 05/09/2023 04:58:50 PM.**** was an agreeable time and date for Mr. Ward's deposition, to which the counsel for Defendant, RelaxPro, LLC, also agreed. 7. Within that same email, Plaintiff stated clearly that "Mr. Ward requires that payment for his deposition be made beforehand," while providing as an attachment Mr. Ward's invoice. 8. More than three (3) weeks later, on April 25, 2023-the day before the scheduled spoke with Mr. Ward to provide the Zoom information, when Mr. Ward advised Plaintiff that he had not yet received the subject payment. 9. Plaintiff thereafter contacted GG's counsel who then explained that they had forgotten to provide a check. 10. Mr. Ward agreed to proceed with the deposition if he received the check in hand prior to the start of the deposition, which was 24 hours thereafter. 11. GG chose not to hand deliver a check prior to the deposition. 12. GG chose not to transfer funds via bank wire or some other method to Mr. Ward. 13. Instead, GG canceled the deposition. 14. GG requested other dates and times to which the Deposition might be rescheduled. 15. Even though Plaintiff had no obligation, as the period for conducting discovery depositions was transpiring on April 28, 2023, Plaintiff conferred with Mr. Ward, reached out to GG, and offered May 3,2023, for GG to depose Mr. Ward. 16. Incredibly, rather than responding, GG unnecessarily filed this Motion to have Mr. Ward stricken entirely as an expert. 2 10800 Biscayne Blvd Suite 700 Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055 www.danielcourtneylaw. com dc@danielcourtneylaw. com 17. Despite GG's failure to pay Mr. Ward in advance of a deposition, both Plaintiff and Mr. Ward were cooperative in attempting to allow GG to depose Mr. Ward. 18. GG had ample time and options to ensure that Mr. Ward be paid prior to the April 26, 2023, 10:00a.m. deposition, which they failed to arrange, and more importantly failed to conduct his deposition a week later when given the option. 19. Plaintiff would be greatly prejudiced if expert witness, David R. Ward, were stricken. WHEREFORE, Plaintiff respectfully requests that this Court deny Defendant, GG RE HOLLYWOOD BEACH 613 LLC's Motion to Strike Plaintiffs Liability Expert, David R. Ward. 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; and jglenn@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 gth day of May, 2023. DANIEL W. COURTNEY, P.A. 10800 Biscayne Blvd Suite 700 Miami, FL 33161 Telephone: (305) 579-0008 Facsimile: (305) 563-7055 s / DanielW. Courtney Daniel W. Courtney Florida Bar No: 0499781 dc@clanielcourtnevlaw.com 3 10800 Biscayne Blvd Suite 700Miami, FL 33161 Tel: (305)579-0008 Fax: (305)563-7055 www.danielcourtneylaw. com dc@danielcourtneylaw. com