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Filing # 82041759 E-Filed 12/12/2018 06:26:48 PM
IN THE CIRCUIT COURT OF THE 15™
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO.: 2016-CA-009367 (AO)
UWADIAE B. OMOREGIE,
Plaintiff,
: vs.-
YEFIM KOZA and
EFN INVESTMENTS LLC,
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,. a Florida Limited Liability Company,
Defendant(s).
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DEFENDANTS’ MOTION TO EXTEND PRETRIAL DISCOVERY DEADLINE AND TO
COMPELTJPDATED DEPOSITION OF UWADIAE B. OMOREGIE
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, COMES NOW Yefim Koza and EFN Investments, LLC (hereinafter “Defendants”), by and
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through the undersigned counsel, and file this Motion seeking an extension of the pretrial discovery
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deadline set in this matter pursuant to the Order Setting Jury Trial and Directing Pretrial and
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Mediation Procedures, and to compel the updated deposition of the Plaintiff, and in support states as
follows:
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1. This is an auto negligence action filed by the Plaintiff stemming from a motor vehicle
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collision involving the Defendants, which occurred in April of 2014. Plaintiff is seeking
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i approximately $900.00 in damages for repairs to the vehicle and approximately $67,000.00 in relation
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to medical expenses.
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2. This matter is currently set for a Jury Trial on a six week Trial Docket from January
21, 2019 through March 1, 2019. Pursuant to the Trial Order dated July 24, 2018, all parties are
required to complete discovery no later than 30 days before Calendar Call i.e. December 12, 2018.
See section II. C of attached Exhibit “A
3. Plaintiff respectfully seeks an Order extending the time to complete discovery in this
CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500
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FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 12/12/2018 06:26:48 PM
matter due to the fact that the Defendants have been unable to take the deposition of Mr. Dante
Omoregie, a listed critical before-and-after witness that lives with the Plaintiff and is the Plaintiffs
brother.
4. Mr. Omoregie was properly served with a Subpoena for the deposition on October 27,
2018. See Affidavit of Service as Exhibit “B”. However, he failed to appear at the deposition on
November 28, 2018. See Certificate ofNonappearance as Exhibit “C”.
5. Accordingly, Plaintiff is seeking to compel Mr. Omoregie’s appearance at a deposition
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and currently has a Motion for Order to Show Cause Why Dante Omoregie Should Not be Held in
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Indirect Criminal Contempt of Court and to Compel Attendance, pending and scheduled for hearing
on December 20, 2018. ;
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6. Due to this unforeseeable circumstance, and the sever prejudice the Defendants would
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face at trial if they were unable to take this material witness deposition, Defendants respectfully seek
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an extension of the pretrial discovery deadline ordered in this matter, so that the undersigned may
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take a deposition of this critical before-and-after witness.
7. Additionally, the Defendants have requested to take an updated deposition of the
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Plaintiff who was previously deposed in February 2018; however, the Plaintiff has refused to provide
dates to conduct the deposition. As such, Defendants seek to compel a deposition of the Plaintiff as
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well.
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8. No parties will be prejudiced by the granting of this Motion. Defendants further certify
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that this request is made in good faith and not for the purpose of delay.
WHEREFORE, Defendants respectfully seek an Order extending the pretrial discovery
deadline in this matter so that the Defendants may take the deposition of the material before-and-after
witness, compelling an updated deposition of the Plaintiff, and for any other relief the Court deems
just and proper.
CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E-
mail on December 12, 2018, to Maria Abellon, Esquire, 2119 South Dixie Highway, Building II,
West Palm Beach, FL 33401, Maria@abellonlaw.com, Court@abellonlaw.com;
clerk@abellonlaw.com and J. Freddy Rhoads, Esquire, 6701 S. Dixie Highway, West Palm Beach,
FL 33405; freddy@rhoadslawgroup.com; assistant! @rhoadslawgroup.com .
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CONRAD & SCHERER, LLP
Counselfor Defendants
633 South Federal Highway
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Fort Lauderdale, FL 33301
Tel: (954) 847-3305
Fax: (954) 463-9244
Email: sosber@conradscherer.com
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Email: Lmananzan@conradscherer.com
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By: /.?/ Steven H. Osber
Steven H. Osber, Esq.
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Florida Bar No.: 086088
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EXHIBIT “A”
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION: AO
CASE NO.: 50-2016-CA-009367-XXXX-MB
UWADIAE OMOREGIE,
P laintiff/P etitioner
vs.
EFN INVESTMENTS LLC,
YEFIM KOZA,
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Defendant/Respondents,
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ORDER SETTING JURY TRIAL AND DIRECTING
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PRETRIAL AND MEDIATION PROCEDURES
I. SCHEDULING
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This action is set for Jury Trial on the six week Trial Docket from JANUARY 21.
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2019 through MARCH 1, 2019 in Courtroom HE, PalmBeach County Courthouse, 205
N. Dixie Highway, West Palm Beach, FL 33401. The Court understands [4] days are
requested for the trial of this matter.
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The trial will be scheduled sometime during the calendar, at a date and time to be
provided at the calendar call, subject to the court's ordering a later case setting.
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In Person Trial Calendar Call is January 11, 2019 @ 09:00 am. The Calendar call must
be attended by counsel trying the case for each party or who have full knowledge of the
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case and authority to make decision regarding any aspect of the case. Failure to appear
could result in sanctions, including but not limited to dismissal Telephone appearances
are NOT permitted.
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Counselfor the Plaintiff shall bring to the Calendar Call (1) a copy of the Joint Pre-
Trial Stipulation discussed below and (2) a completed Case Information Sheet in the
form attached as Exliibit A to this Order.
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All counsel are charged with the duty of strict compliance with this order, however
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counsel for the Plaintiff/Petitioner must initiate procedures to ensure its mandates are met.
Pro se litigants are held to the same obligations imposed upon counsel. Failure to comply
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with tire deadlines set forth herein, absent a showing of good cause, may result in
sanctions including dismissal of the action or defenses and the exclusion of evidence.
CONFLICTS: The parties shall notify the Court in writing within 20 days of this
order if: (1) inadequate time has been allowed to prepare fortrial, (2) a scheduling conflict
exists, (3) if discovery cannot be completed by the deadline ordered below, or (4) if
alternative deadlines or case management is needed.
CONTINUANCES: Any motion to continue the trial must comply with Fla. R. Civ.
P. Rule 1.460, including that they are signed by the client. Motions to continue brought
before the Court more than 30 days after the date of this order, absent exceptional
circumstances, are disfavored.
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Case No. 50-2016-CA-009367-XXXX-MB
CASE DISPOSITION: If trial becomes unnecessary due to settlement, voluntary
dismissal or otherwise, counsel must immediately notify the Court by telephone and email
to remove the case from the docket and to allow others to use the allotted time. Counsel
shall then expeditiously prepare and file the paperwork necessary to close the case.
ENLARGED JURY PANELS: Local Rules require advance approval of the Chief
Judge and Jury Office for jury panels exceeding 31 jurors. If you anticipate needing a
panel larger than 31 you are required to make a request in writing within 30 days of this
order specifying the number of jurors requested and the reason for the number requested.
II. PRETRIAL PROCEDURES
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A. EXHIBITS AND WITNESSES GENERALLY:
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1. On the last business day no later tliaril 20 days prior to Calendar Call, the
parties shall exchange lists of all trial exhibits, names and addresses of all trial
witnesses, and names and addresses of all expert witnesses.
2. On the last business day no later than 90 days prior to Calendar Calk the
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parties shall exchange lists of names and addresses of all rebuttal witnesses.
3. EXPERT DISCLOSURES: In addition to names and addresses of each
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expert retained to formulate an expert opinion with regard to this cause, both
on the initial listing and on rebuttal listing, the parties shall provide:
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a. The subject matter about which the expert is expected to testify.
b. The substance of the facts and opinions to which the expert is expected
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to testify.
c. A summary of the grounds for each opinion.
d. A copy of any written reports issued by the expert regarding this case.
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e. A copy of the expert's curriculum vitae.
4. ONE EXPERT PER SPECIALITY: The parties will be limited to one
expert witness per specialty unless they obtain leave of Court to list and call
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more than one expert witness per specialty, no later than 60 days prior to
calendar call.
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B. DAUBERT HEARINGS AND MOTIONS IN LIMINE: All Daubert Motions
and other challenges to the admissibility of an expert's opinion must be heard 20
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days before the start of the trial. All other pre-trial motions, including motions in
limine, shall be filed, scheduled and heard prior to Calendar Call.
C. DISCOVERY. To allow the parties and the Court time to address pre-trial matters
in advance of trial, all discovery must be completed no later than 30 days hefore
the Calendar Call, absent agreement for later discovery specifically stated in the
Pre-Trial Stipulation or with permission of the Cowl for other good cause shown.
Absent exigent circumstances, failure to timely complete discovery is not grounds
for a continuance.
D. PARTIES' CASE MANAGEMENT CONFERENCE: On the last business day
no later than 20 days prior to calendar call, the parties shall meet and confer to:
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Case No. 50-20 J6-CA-009367-XXXX-MB
1.discuss settlement;
2. simplify the issues and stipulate to as many facts and issues as possible.
3. prepare a Pre-Trial Stipulation mandated in Paragraph E, below.
4. Examine all exhibits and list any objections to them. Objections that a trial
exhibit is not what the proponent said it would be will not be sustained if the
objecting party did not observe the actual exhibit at the parties' Case
Management Conference.
5. Designate any portions of depositions counsel intends to introduce at trial in
lieu of live testimony.
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E. PRETRIAL STIPULATION: It shall be tire duty of counsel for the Plaintiff to
see that the Pre-Trial Stipulation is drawn, executed by counsel for all parties, and
filed with the Clerk no later than 10 days prior to calendar call. Unilateral
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stipulations are not allowed absent a showing of good cause. Counsel for all parties
are charged with good faith cooperation in this regard. Where agreement cannot, in
good faith, be reached, the parties respective positions shall be concisely stated for
each disputed position.
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The Pre-Trial Stipulation shall contain in separately numbered paragraphs:
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1. Statements of the Case (generally one paragraph each), including:.^
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a. A short, concise description of the overall case that can be read to the
jury at the commencement of jury selection.
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b. A statement from each party outlining their contentions.
c. A statement from each party seeking relief, specifying what is being
sought, i.e. damages, etc....
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2. A list of all pending motions requiring action by the Court and the dates those
motions are set for hearing. All motions, especially evidentiary motions (i.e.
motions in limine and motions addressing evidentiary objections) must be
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heard before Calendar Call. Any motions not identified shall be deemed
waived.
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3. A statement of agreements and stipulated facts which require no proof at trial
which may be read to the trier of fact.
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4. A statement of all issues of fact for determination at trial.
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5. A list of any unique legal questions the parties reasonably anticipate may arise
during tidal and for which memoranda are required to be submitted by this
order (See, Paragraph G), including evidentiary issues likely to arise at trial.
6. Lists of exhibits, including depositions to be read at trial, itemized as follows: ;
a. Exhibits to be admitted by Plaintiff without objection;
b. Exhibits to be admitted by Defendant without objection;
c. Plaintiffs exhibits that are objected to, with the specific basis for the
objection stated.
d. Defendant's exhibits that are objected to, with the specific basis for the
objection.
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Case No. 50-2016-CA-009367-XXXX-MB
Note: Reasonably specific description of each exhibit is required. Non
specific descriptions like "all documents produced in discovery" are not
acceptable.
7. Each parly's numbered list of trial witnesses with addresses and a brief
statement outlining the nature of their testimony (including all known rebuttal
witnesses); the list of witnesses shall be on separate schedules attached to the
Stipulation. Witnesses not listed may not be called for trial.
8. A statement of total estimated trial time and estimates for the time needed per
side for (1) jury selection, (2) opening arguments, (3) each case in chief, and
(4) closing arguments.
9. Names of attorneys to try the case.
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10. Number of peremptory challenges per party.
Objections may not be "reserved" in the Pre-Trial Stipulation. Failure to specify an
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objection constitutes its waiver.
Failure to file tire Pre-Trial Stipulation may result in the case being stricken from the
Court's calendar at its sounding or other sanctions.
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F. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the
parties shall be strictly limited to exhibits and witnesses disclosed and objections
stated in the Pre-Trial Stipulation and its schedules, absent agreement specifically
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stated in the Pre-Trial Stipulation or an order of the Court upon good cause shown.
Failure to state an objection in the Pre-Trial Stipulation constitutes a waiver.
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G. PRE-TRIAL CONFERENCES. If pursuant to Fla. R. Civ. P. 1.200, a pre-trial
conference is set by the Court or upon1 motion of a party, counsel shall meet,
prepare and file the Pre-Trial Stipulation mandated herein no later than 5 days
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before (he conference and provide a copy to the Court's Chambers immediately
upon its filling. Failure to request a pre-trial conference in a timely fashion
constitutes a waiver of the notice of requirement of Rule 1.200. Motions for
Summary Judgment will not be heard at any pre-trial conference without prior
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permission.
H UNIQUE QUESTIONS OF LAW. Prior to calendar call, counsel for the parties
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are directed to exchange and simultaneously submit to the Court appropriate
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memoranda with citations to legal authority in support of any unique legal questions
which may reasonably be anticipated to arise during the trial.
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I. JURY INSTRUCTIONS. A joint set of proposed jury instructions and a proposed
verdict from shall be provided to the Court no less than 48 hours before trial in a
printed form appropriate for submission to the juiy and in Microsoft Word format.
Where the parties disagree on a proposed instmetion it shall be noted and the
specific objection explained with citation to authority and an alternative instruction
provided, as appropriate.
J. PREMARKING AND IDENTTFICATON OF TRIAL EXHIBITS: Prior to
trial, each party shall contact the Clerk for pre-marking instructions at (561) 355-
2986 and all exhibits shall be marked for identification before trial.
K. COURT REPORTERS: All trial matters are to be reported. Counsel for the
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Case No. 50-2016-CA-009367-XXXX-MB
Plaintiff is responsible for having a court reporter present. Failure to do so may be
grounds for cancellation of the trial.
III. MEDIATION.
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A. All parties are required to participate in mediation.
1. The appearance of counsel who will try the case and representatives of each
party with full authority to enter into a complete compromise and settlement is
mandatory. If insurance is involved, an adjuster with authority up to the policy
limits or the most recent demand, whichever is lower, shall attend.
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2. At least one week before (lie medialion conference, all parties shall file
with the mediator a brief, written summary of the case containing a list of
issues as to each party. If an attorney or party filing the summary wishes its
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content to remain confidential, he/she must advise the mediator in writing when
the report is filed.
3. All discussions, representations, and statements made at the mediation
conference shall be privileged consistent with Florida Statutes sections
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44.102 and 90.408.
4. The mediator has no power to compel or enforce a settlement agreement. If a
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settlement is reached, it shall be the responsibility of the attorneys or parties
to reduce the agreement to writing and to comply with Florida Rule of Civil
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Procedure 1.730(b), unless waived.
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B. The Plaintiffs attorney shall be responsible for scheduling mediation. The parties
should agree on a mediator. If they are unable to agree, any party may apply to the
Court for appointment of a mediator in conformity with Rule 1.720 (f), Fla. R. Civ. P.
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The lead attorney or party shall file and serve on all parties and the mediator a
Notice of Mediation giving the time, place, and date of the mediation and the
mediator's name. The mediator shall be paid $175.00 per hour, unless otherwise
agreed by the parties.
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C. Completion of mediation prior to calendar call is a prerequisite to trial. If mediation
is not conducted, or if a party fails to participate in mediation, the case, at the
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Court's discretion, may be stricken from the trial calendar, pleadings may be
stricken, and other sanctions may be imposed.
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D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure
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1,700(b).
IV. NONCOMPEANCE
NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY RESULT
IN THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS, OR
IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST.
Any failure of any counsel to act in good faith or reasonably attempt to comply with this
order shall be reported to tire Court by the filing of a "Suggestion of Non-Compliance
with Pre-Trial Order" and must be set in a timely manner for a hearing. The Suggestion
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Case No. 50-2016-CA-009367-XXXX-MB
should name the non-compliant counsel, describe the act of non-compliance, be served
upon all parties and be sent to the Court's chambers.
NOTE: In accordance with the 15th Judicial Circuit's Administrative Order 2.310-
4/13, please ensure that primary and secondary email addresses are registered with
Court Administration ahwww.l5thcircuit.(:om/oniiheservices. The filing of an email
designation with the Clerk's Office is NOT a registration with Court Administration
for judicial e-service of orders. If you (lb not register with the 15tb Gircull as set
forth above, your c-scrvicc address will auto-populate with your Florida Bar e-mail
address and may rcstilt in orders going to e-mail addresses which arc not frequently
checked of are no longer in use.
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In accordance with Administrative Order 2.311-2/13. when an attorney is no longer
counsel ofrecord on a case, the attorney must update his or her primary and
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secondary email addresses with the Clerk of Court. (See.:exhibits 'attdclied to AO,
2.311.)
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DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida, this 24th
day of July, 2018.
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50-2016-CA-009367-XXXX-MB 07/24/2018
James Nutt
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Judge
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Case No. 50-2016-CA-009367-XXXX-MB
ORDER SETTING JURYTRIAL AND DIRECTING PRETRIAL AND
MEDIATION PROC1-DURES
EXHIBIT A - CASE INFORMATION SHEET FOR CALENDAR GALL
Short Style:v., Case No.
Lead Attorneys: Plaintiff Phone:
Defendant Phone:.
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Primary Case Contact:1
Anticipated Length of Trial:Date Mediated:
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Date Pre-Trial Stipulation filed:;Jury Instructions ready: Yes/No
Any non-compliance with pre-trial order: Yes/No - if yes, what
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Outstanding motions: Yes/No If yes, date to be heard: Time needed?
Time requested for vior dire, if more than one hour per side:
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Number of jurors: .
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Trial Conflicts: (Plaintiff and Defendant)
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We ek One:
Week Two::_______________________________________________________________
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We ek Thre e:
Week Four: _______
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We ek Five: ____________________________________
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Week Six: _____________________ _________
Preferred weeks of the docket: ________
Other matters for the Court:. ____________________
1 Name and phone number o I'perso n (usually plaintiffs assistant) that die Court (usually (lie judicial ass is lain) can
contact that will pass on notice to allpailics.
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Case No. 50-2016-CA-009367-XXXX-MB
This notice is provided pursuant to Administrative OrderNo. 2.207
“If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact Tammy Anton,
Americans with Disabilities Act Coordinator, Palm Beach County
Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401;
telephone number (561) 355-4380 at least 7 days before your scheduled
court appearance, or immediately upon receiving this notification if the
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time before the scheduled appearance is less than 7 days; if you are
hearing or voice impaired, call 711.”
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“Si usted es una persona minusvalida que necesita algun
acomodamiento para poder participar en este procedimiento, usted tiene
derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la
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amabilidad de ponerse en contacto con Tammy Anton, 205 N. Dixie
Highway, West Palm Beach, Florida 33401; telefono numero (561) 355-
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4380, por lo menos 7 dias antes de la cita fijada para su comparecencia en
los tribunales, o inmediatamente despues de recibir esta notificacion si el
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tiempo antes de la comparecencia que se ha programado es menos de 7
dias; si usted tiene discapacitacion del ofdo o de la voz, llame al 711.”
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“Si ou se yon moun ki cnf'im ki bezwen akomodasyon pou w ka
patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye,
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gen pwovizyon pou jwen kek ed. Tanpri kontakte Tammy Anton,
koodonate pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte
Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida
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33401; telefon li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou
pou paret nan tribinal la, oubyen imedyatman apre ou fin resevwa
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konvokasyon an si le ou gen pou w paret nan tribinal la mwens ke 7 jou; si
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ou gen pwoblem pou w tande oubyen pale, rele 711.”
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EXHIBIT “B”
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RETURN OF SERVICE
State of Florida County of Palm Beach Circuit Court
Case Number: 2016-CA-009367-AQ Court Date: 11/8/2018
PLAINTIFF:
--------- UWADIAE B. OMOREGIE----------
vs.
DEFENDANT:
YEFIM KOZA
For: Steven H. Osber, Esq.
CONRAD & SCHERER, LLP
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Received by LANG DETECTIVE AGENCY, INC. on the 10th day of October, 2018 at 10:38 pm to be served,on DANTE
OMORgGIE, 4130 BEAR LAKES COURT, #103, WEST PALM BEACH. FLORIDA 33409. I. , IA
do hereby affirm that on the day of (5 ■ 2OJ^t^:^ZU7^»d?en/ice by
delivering a true copy of the SUBPOENA FOR DEPOSITION in accordance with state statutes in the manner marked below:
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//INDIVIDUAL SERVICE: Served the within-named person.
() SUBSTITUTE SERVICE: By serving ^_as
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’ () POSTED:, 1ST ATTEMPT ON:_^ ■ @- .AM/PM. 2ND ATTEMPT
ON:________ MMPM.
() NON SERVICE: For the reason detailed in the Comments below. IE
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**** THE INDIVIDUAL AND DEFENDANT SERVED RESPONDED (CIRCLE ONE) YES NO WHEN I ASKED HIM/HER IF
THE DEFENDANT IS CURRENTLY IN ACTIVE MILITARY STATUS HIM/HER IF
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COMMENTS:
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Age Sex^M/F Race. ft/ a-X Height (X Weight 4* cz Hair Glasses Y
I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this
service was made. Under penalty of perjury, I declare that I have read the foregoing Verified Return of Service and that the
facts stated in it are true.
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PROCESS SERVER#
Appointed in accordance
with State Statutes '
LANG DETECTIVE AGENCY, INC.
P.O. Box 350096
FL Lauderdale, FL 33335
(954) 764-8158
Our Job Serial Number: 2018017129
Copyngri Ci 1932.2005 DaUbase Services. Inc - Precess Server's Toolbox V5.5,
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EXHIBIT “0”
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1 IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
2 ____ CASE..N£L._..2_Q.1.6_-CA-00£3.6.7_ .(.AQ.)_
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UWADIAE B.. OMOREGIE,
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Plaintiff,
5 vs.
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6 YEFIM KOZA and EFN INVESTMENTS
LLC, a Florida Limited Liability
7 Company,
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8 Defendant(s) .
_________ ...------ -- - - -- - i
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CERTIFICATE OF NON-APPEARANCE
In Re. Deposition of DANTE OMOREGIE
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13 STATE OF FLORIDA )
COUNTY OF PALM BEACH )
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15 I, Lisa Cropper, Registered Professional Reporter,
Florida Professional Reporter, do hereby certify that I
16 was present at the offices of J&A Reporting, Inc., 301
Clematis Street, Suite 3000, West Palm Beach, Florida
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17 33401 on November 28, 2018 at 10:00 a.m., until 10:30
a.m., for the purpose of reporting the deposition of
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DANTE OMOREGIE, scheduled to begin at 10:00 a.m., and
that the deponent did not appear.
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19 Under penalties of perjury, I declare that I have
read the foregoing certificate and that the facts stated
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20 in it are true.
Dated this 29th day of November, 2018.
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22 Wo-
Lisa Gropper>) R Jp.’RI , F. P’.'R..
23 J&A Reporting, Inc.
5645 Coral Ridge Drive - #217
24 Coral Springs, Florida 33076
(954)344-0555
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J&A REPORTING, INC. (954)344-0555
EXHIBIT A
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Filing # 82041759 E-Filed 12/12/2018 06:26:48 PM IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2016-CA-009367 (AO) UWADIAE B. OMOREGIE, Plaintiff, : vs.- YEFIM KOZA and EFN INVESTMENTS LLC, PY ,. a Florida Limited Liability Company, Defendant(s). CO __________________________________ I DEFENDANTS’ MOTION TO EXTEND PRETRIAL DISCOVERY DEADLINE AND TO COMPELTJPDATED DEPOSITION OF UWADIAE B. OMOREGIE D , COMES NOW Yefim Koza and EFN Investments, LLC (hereinafter “Defendants”), by and IE through the undersigned counsel, and file this Motion seeking an extension of the pretrial discovery IF deadline set in this matter pursuant to the Order Setting Jury Trial and Directing Pretrial and RT Mediation Procedures, and to compel the updated deposition of the Plaintiff, and in support states as follows: CE 1. This is an auto negligence action filed by the Plaintiff stemming from a motor vehicle A collision involving the Defendants, which occurred in April of 2014. Plaintiff is seeking T i approximately $900.00 in damages for repairs to the vehicle and approximately $67,000.00 in relation O to medical expenses. N 2. This matter is currently set for a Jury Trial on a six week Trial Docket from January 21, 2019 through March 1, 2019. Pursuant to the Trial Order dated July 24, 2018, all parties are required to complete discovery no later than 30 days before Calendar Call i.e. December 12, 2018. See section II. C of attached Exhibit “A 3. Plaintiff respectfully seeks an Order extending the time to complete discovery in this CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500 I FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 12/12/2018 06:26:48 PM matter due to the fact that the Defendants have been unable to take the deposition of Mr. Dante Omoregie, a listed critical before-and-after witness that lives with the Plaintiff and is the Plaintiffs brother. 4. Mr. Omoregie was properly served with a Subpoena for the deposition on October 27, 2018. See Affidavit of Service as Exhibit “B”. However, he failed to appear at the deposition on November 28, 2018. See Certificate ofNonappearance as Exhibit “C”. 5. Accordingly, Plaintiff is seeking to compel Mr. Omoregie’s appearance at a deposition PY and currently has a Motion for Order to Show Cause Why Dante Omoregie Should Not be Held in CO Indirect Criminal Contempt of Court and to Compel Attendance, pending and scheduled for hearing on December 20, 2018. ; D 6. Due to this unforeseeable circumstance, and the sever prejudice the Defendants would IE face at trial if they were unable to take this material witness deposition, Defendants respectfully seek IF an extension of the pretrial discovery deadline ordered in this matter, so that the undersigned may RT take a deposition of this critical before-and-after witness. 7. Additionally, the Defendants have requested to take an updated deposition of the CE Plaintiff who was previously deposed in February 2018; however, the Plaintiff has refused to provide dates to conduct the deposition. As such, Defendants seek to compel a deposition of the Plaintiff as A well. T 8. No parties will be prejudiced by the granting of this Motion. Defendants further certify O N that this request is made in good faith and not for the purpose of delay. WHEREFORE, Defendants respectfully seek an Order extending the pretrial discovery deadline in this matter so that the Defendants may take the deposition of the material before-and-after witness, compelling an updated deposition of the Plaintiff, and for any other relief the Court deems just and proper. CONRAD & SCHERER, LLP, 633 SOUTH FEDERAL HIGHWAY, FT. LAUDERDALE, FL 33301, TEL. (954) 462-5500 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E- mail on December 12, 2018, to Maria Abellon, Esquire, 2119 South Dixie Highway, Building II, West Palm Beach, FL 33401, Maria@abellonlaw.com, Court@abellonlaw.com; clerk@abellonlaw.com and J. Freddy Rhoads, Esquire, 6701 S. Dixie Highway, West Palm Beach, FL 33405; freddy@rhoadslawgroup.com; assistant! @rhoadslawgroup.com . PY CONRAD & SCHERER, LLP Counselfor Defendants 633 South Federal Highway CO Fort Lauderdale, FL 33301 Tel: (954) 847-3305 Fax: (954) 463-9244 Email: sosber@conradscherer.com D Email: Lmananzan@conradscherer.com IE By: /.?/ Steven H. Osber Steven H. Osber, Esq. IF Florida Bar No.: 086088 RT CE A T O N N O T A CE RT IF EXHIBIT “A” IE D CO PY IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION: AO CASE NO.: 50-2016-CA-009367-XXXX-MB UWADIAE OMOREGIE, P laintiff/P etitioner vs. EFN INVESTMENTS LLC, YEFIM KOZA, PY Defendant/Respondents, ____________ ! ORDER SETTING JURY TRIAL AND DIRECTING CO PRETRIAL AND MEDIATION PROCEDURES I. SCHEDULING D This action is set for Jury Trial on the six week Trial Docket from JANUARY 21. IE 2019 through MARCH 1, 2019 in Courtroom HE, PalmBeach County Courthouse, 205 N. Dixie Highway, West Palm Beach, FL 33401. The Court understands [4] days are requested for the trial of this matter. IF The trial will be scheduled sometime during the calendar, at a date and time to be provided at the calendar call, subject to the court's ordering a later case setting. RT In Person Trial Calendar Call is January 11, 2019 @ 09:00 am. The Calendar call must be attended by counsel trying the case for each party or who have full knowledge of the CE case and authority to make decision regarding any aspect of the case. Failure to appear could result in sanctions, including but not limited to dismissal Telephone appearances are NOT permitted. A Counselfor the Plaintiff shall bring to the Calendar Call (1) a copy of the Joint Pre- Trial Stipulation discussed below and (2) a completed Case Information Sheet in the form attached as Exliibit A to this Order. T All counsel are charged with the duty of strict compliance with this order, however O counsel for the Plaintiff/Petitioner must initiate procedures to ensure its mandates are met. Pro se litigants are held to the same obligations imposed upon counsel. Failure to comply N with tire deadlines set forth herein, absent a showing of good cause, may result in sanctions including dismissal of the action or defenses and the exclusion of evidence. CONFLICTS: The parties shall notify the Court in writing within 20 days of this order if: (1) inadequate time has been allowed to prepare fortrial, (2) a scheduling conflict exists, (3) if discovery cannot be completed by the deadline ordered below, or (4) if alternative deadlines or case management is needed. CONTINUANCES: Any motion to continue the trial must comply with Fla. R. Civ. P. Rule 1.460, including that they are signed by the client. Motions to continue brought before the Court more than 30 days after the date of this order, absent exceptional circumstances, are disfavored. Page 1 of 8 Case No. 50-2016-CA-009367-XXXX-MB CASE DISPOSITION: If trial becomes unnecessary due to settlement, voluntary dismissal or otherwise, counsel must immediately notify the Court by telephone and email to remove the case from the docket and to allow others to use the allotted time. Counsel shall then expeditiously prepare and file the paperwork necessary to close the case. ENLARGED JURY PANELS: Local Rules require advance approval of the Chief Judge and Jury Office for jury panels exceeding 31 jurors. If you anticipate needing a panel larger than 31 you are required to make a request in writing within 30 days of this order specifying the number of jurors requested and the reason for the number requested. II. PRETRIAL PROCEDURES PY A. EXHIBITS AND WITNESSES GENERALLY: CO 1. On the last business day no later tliaril 20 days prior to Calendar Call, the parties shall exchange lists of all trial exhibits, names and addresses of all trial witnesses, and names and addresses of all expert witnesses. 2. On the last business day no later than 90 days prior to Calendar Calk the D parties shall exchange lists of names and addresses of all rebuttal witnesses. 3. EXPERT DISCLOSURES: In addition to names and addresses of each IE expert retained to formulate an expert opinion with regard to this cause, both on the initial listing and on rebuttal listing, the parties shall provide: IF a. The subject matter about which the expert is expected to testify. b. The substance of the facts and opinions to which the expert is expected RT to testify. c. A summary of the grounds for each opinion. d. A copy of any written reports issued by the expert regarding this case. CE e. A copy of the expert's curriculum vitae. 4. ONE EXPERT PER SPECIALITY: The parties will be limited to one expert witness per specialty unless they obtain leave of Court to list and call A more than one expert witness per specialty, no later than 60 days prior to calendar call. T O B. DAUBERT HEARINGS AND MOTIONS IN LIMINE: All Daubert Motions and other challenges to the admissibility of an expert's opinion must be heard 20 N days before the start of the trial. All other pre-trial motions, including motions in limine, shall be filed, scheduled and heard prior to Calendar Call. C. DISCOVERY. To allow the parties and the Court time to address pre-trial matters in advance of trial, all discovery must be completed no later than 30 days hefore the Calendar Call, absent agreement for later discovery specifically stated in the Pre-Trial Stipulation or with permission of the Cowl for other good cause shown. Absent exigent circumstances, failure to timely complete discovery is not grounds for a continuance. D. PARTIES' CASE MANAGEMENT CONFERENCE: On the last business day no later than 20 days prior to calendar call, the parties shall meet and confer to: Page 2 of 8 Case No. 50-20 J6-CA-009367-XXXX-MB 1.discuss settlement; 2. simplify the issues and stipulate to as many facts and issues as possible. 3. prepare a Pre-Trial Stipulation mandated in Paragraph E, below. 4. Examine all exhibits and list any objections to them. Objections that a trial exhibit is not what the proponent said it would be will not be sustained if the objecting party did not observe the actual exhibit at the parties' Case Management Conference. 5. Designate any portions of depositions counsel intends to introduce at trial in lieu of live testimony. PY E. PRETRIAL STIPULATION: It shall be tire duty of counsel for the Plaintiff to see that the Pre-Trial Stipulation is drawn, executed by counsel for all parties, and filed with the Clerk no later than 10 days prior to calendar call. Unilateral CO stipulations are not allowed absent a showing of good cause. Counsel for all parties are charged with good faith cooperation in this regard. Where agreement cannot, in good faith, be reached, the parties respective positions shall be concisely stated for each disputed position. D The Pre-Trial Stipulation shall contain in separately numbered paragraphs: IE 1. Statements of the Case (generally one paragraph each), including:.^ IF a. A short, concise description of the overall case that can be read to the jury at the commencement of jury selection. RT b. A statement from each party outlining their contentions. c. A statement from each party seeking relief, specifying what is being sought, i.e. damages, etc.... CE 2. A list of all pending motions requiring action by the Court and the dates those motions are set for hearing. All motions, especially evidentiary motions (i.e. motions in limine and motions addressing evidentiary objections) must be A heard before Calendar Call. Any motions not identified shall be deemed waived. T 3. A statement of agreements and stipulated facts which require no proof at trial which may be read to the trier of fact. O 4. A statement of all issues of fact for determination at trial. N 5. A list of any unique legal questions the parties reasonably anticipate may arise during tidal and for which memoranda are required to be submitted by this order (See, Paragraph G), including evidentiary issues likely to arise at trial. 6. Lists of exhibits, including depositions to be read at trial, itemized as follows: ; a. Exhibits to be admitted by Plaintiff without objection; b. Exhibits to be admitted by Defendant without objection; c. Plaintiffs exhibits that are objected to, with the specific basis for the objection stated. d. Defendant's exhibits that are objected to, with the specific basis for the objection. Page 3 of 8 Case No. 50-2016-CA-009367-XXXX-MB Note: Reasonably specific description of each exhibit is required. Non specific descriptions like "all documents produced in discovery" are not acceptable. 7. Each parly's numbered list of trial witnesses with addresses and a brief statement outlining the nature of their testimony (including all known rebuttal witnesses); the list of witnesses shall be on separate schedules attached to the Stipulation. Witnesses not listed may not be called for trial. 8. A statement of total estimated trial time and estimates for the time needed per side for (1) jury selection, (2) opening arguments, (3) each case in chief, and (4) closing arguments. 9. Names of attorneys to try the case. PY 10. Number of peremptory challenges per party. Objections may not be "reserved" in the Pre-Trial Stipulation. Failure to specify an CO objection constitutes its waiver. Failure to file tire Pre-Trial Stipulation may result in the case being stricken from the Court's calendar at its sounding or other sanctions. D IE F. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the parties shall be strictly limited to exhibits and witnesses disclosed and objections stated in the Pre-Trial Stipulation and its schedules, absent agreement specifically IF stated in the Pre-Trial Stipulation or an order of the Court upon good cause shown. Failure to state an objection in the Pre-Trial Stipulation constitutes a waiver. RT G. PRE-TRIAL CONFERENCES. If pursuant to Fla. R. Civ. P. 1.200, a pre-trial conference is set by the Court or upon1 motion of a party, counsel shall meet, prepare and file the Pre-Trial Stipulation mandated herein no later than 5 days CE before (he conference and provide a copy to the Court's Chambers immediately upon its filling. Failure to request a pre-trial conference in a timely fashion constitutes a waiver of the notice of requirement of Rule 1.200. Motions for Summary Judgment will not be heard at any pre-trial conference without prior A permission. H UNIQUE QUESTIONS OF LAW. Prior to calendar call, counsel for the parties T are directed to exchange and simultaneously submit to the Court appropriate O memoranda with citations to legal authority in support of any unique legal questions which may reasonably be anticipated to arise during the trial. N I. JURY INSTRUCTIONS. A joint set of proposed jury instructions and a proposed verdict from shall be provided to the Court no less than 48 hours before trial in a printed form appropriate for submission to the juiy and in Microsoft Word format. Where the parties disagree on a proposed instmetion it shall be noted and the specific objection explained with citation to authority and an alternative instruction provided, as appropriate. J. PREMARKING AND IDENTTFICATON OF TRIAL EXHIBITS: Prior to trial, each party shall contact the Clerk for pre-marking instructions at (561) 355- 2986 and all exhibits shall be marked for identification before trial. K. COURT REPORTERS: All trial matters are to be reported. Counsel for the Page 4 of 8 Case No. 50-2016-CA-009367-XXXX-MB Plaintiff is responsible for having a court reporter present. Failure to do so may be grounds for cancellation of the trial. III. MEDIATION. » A. All parties are required to participate in mediation. 1. The appearance of counsel who will try the case and representatives of each party with full authority to enter into a complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. PY 2. At least one week before (lie medialion conference, all parties shall file with the mediator a brief, written summary of the case containing a list of issues as to each party. If an attorney or party filing the summary wishes its CO content to remain confidential, he/she must advise the mediator in writing when the report is filed. 3. All discussions, representations, and statements made at the mediation conference shall be privileged consistent with Florida Statutes sections D 44.102 and 90.408. 4. The mediator has no power to compel or enforce a settlement agreement. If a IE settlement is reached, it shall be the responsibility of the attorneys or parties to reduce the agreement to writing and to comply with Florida Rule of Civil IF Procedure 1.730(b), unless waived. RT B. The Plaintiffs attorney shall be responsible for scheduling mediation. The parties should agree on a mediator. If they are unable to agree, any party may apply to the Court for appointment of a mediator in conformity with Rule 1.720 (f), Fla. R. Civ. P. CE The lead attorney or party shall file and serve on all parties and the mediator a Notice of Mediation giving the time, place, and date of the mediation and the mediator's name. The mediator shall be paid $175.00 per hour, unless otherwise agreed by the parties. A C. Completion of mediation prior to calendar call is a prerequisite to trial. If mediation is not conducted, or if a party fails to participate in mediation, the case, at the T Court's discretion, may be stricken from the trial calendar, pleadings may be stricken, and other sanctions may be imposed. O D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure N 1,700(b). IV. NONCOMPEANCE NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY RESULT IN THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS, OR IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST. Any failure of any counsel to act in good faith or reasonably attempt to comply with this order shall be reported to tire Court by the filing of a "Suggestion of Non-Compliance with Pre-Trial Order" and must be set in a timely manner for a hearing. The Suggestion Page 5 of 8 Case No. 50-2016-CA-009367-XXXX-MB should name the non-compliant counsel, describe the act of non-compliance, be served upon all parties and be sent to the Court's chambers. NOTE: In accordance with the 15th Judicial Circuit's Administrative Order 2.310- 4/13, please ensure that primary and secondary email addresses are registered with Court Administration ahwww.l5thcircuit.(:om/oniiheservices. The filing of an email designation with the Clerk's Office is NOT a registration with Court Administration for judicial e-service of orders. If you (lb not register with the 15tb Gircull as set forth above, your c-scrvicc address will auto-populate with your Florida Bar e-mail address and may rcstilt in orders going to e-mail addresses which arc not frequently checked of are no longer in use. PY In accordance with Administrative Order 2.311-2/13. when an attorney is no longer counsel ofrecord on a case, the attorney must update his or her primary and CO secondary email addresses with the Clerk of Court. (See.:exhibits 'attdclied to AO, 2.311.) D DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida, this 24th day of July, 2018. IE IF RT 50-2016-CA-009367-XXXX-MB 07/24/2018 James Nutt CE Judge A T O N Page 6 of 8 Case No. 50-2016-CA-009367-XXXX-MB ORDER SETTING JURYTRIAL AND DIRECTING PRETRIAL AND MEDIATION PROC1-DURES EXHIBIT A - CASE INFORMATION SHEET FOR CALENDAR GALL Short Style:v., Case No. Lead Attorneys: Plaintiff Phone: Defendant Phone:. PY Primary Case Contact:1 Anticipated Length of Trial:Date Mediated: CO Date Pre-Trial Stipulation filed:;Jury Instructions ready: Yes/No Any non-compliance with pre-trial order: Yes/No - if yes, what D Outstanding motions: Yes/No If yes, date to be heard: Time needed? Time requested for vior dire, if more than one hour per side: IE IF Number of jurors: . RT Trial Conflicts: (Plaintiff and Defendant) CE We ek One: Week Two::_______________________________________________________________ A We ek Thre e: Week Four: _______ T O We ek Five: ____________________________________ N Week Six: _____________________ _________ Preferred weeks of the docket: ________ Other matters for the Court:. ____________________ 1 Name and phone number o I'perso n (usually plaintiffs assistant) that die Court (usually (lie judicial ass is lain) can contact that will pass on notice to allpailics. Page 7 of 8 Case No. 50-2016-CA-009367-XXXX-MB This notice is provided pursuant to Administrative OrderNo. 2.207 “If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Tammy Anton, Americans with Disabilities Act Coordinator, Palm Beach County Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401; telephone number (561) 355-4380 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the PY time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” CO “Si usted es una persona minusvalida que necesita algun acomodamiento para poder participar en este procedimiento, usted tiene derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la D amabilidad de ponerse en contacto con Tammy Anton, 205 N. Dixie Highway, West Palm Beach, Florida 33401; telefono numero (561) 355- IE 4380, por lo menos 7 dias antes de la cita fijada para su comparecencia en los tribunales, o inmediatamente despues de recibir esta notificacion si el IF tiempo antes de la comparecencia que se ha programado es menos de 7 dias; si usted tiene discapacitacion del ofdo o de la voz, llame al 711.” RT “Si ou se yon moun ki cnf'im ki bezwen akomodasyon pou w ka patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye, CE gen pwovizyon pou jwen kek ed. Tanpri kontakte Tammy Anton, koodonate pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida A 33401; telefon li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou pou paret nan tribinal la, oubyen imedyatman apre ou fin resevwa T konvokasyon an si le ou gen pou w paret nan tribinal la mwens ke 7 jou; si O ou gen pwoblem pou w tande oubyen pale, rele 711.” N Page 8 of 8 N O T A CE RT IF EXHIBIT “B” IE D CO PY RETURN OF SERVICE State of Florida County of Palm Beach Circuit Court Case Number: 2016-CA-009367-AQ Court Date: 11/8/2018 PLAINTIFF: --------- UWADIAE B. OMOREGIE---------- vs. DEFENDANT: YEFIM KOZA For: Steven H. Osber, Esq. CONRAD & SCHERER, LLP PY Received by LANG DETECTIVE AGENCY, INC. on the 10th day of October, 2018 at 10:38 pm to be served,on DANTE OMORgGIE, 4130 BEAR LAKES COURT, #103, WEST PALM BEACH. FLORIDA 33409. I. , IA do hereby affirm that on the day of (5 ■ 2OJ^t^:^ZU7^»d?en/ice by delivering a true copy of the SUBPOENA FOR DEPOSITION in accordance with state statutes in the manner marked below: CO //INDIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving ^_as D ’ () POSTED:, 1ST ATTEMPT ON:_^ ■ @- .AM/PM. 2ND ATTEMPT ON:________ MMPM. () NON SERVICE: For the reason detailed in the Comments below. IE IF **** THE INDIVIDUAL AND DEFENDANT SERVED RESPONDED (CIRCLE ONE) YES NO WHEN I ASKED HIM/HER IF THE DEFENDANT IS CURRENTLY IN ACTIVE MILITARY STATUS HIM/HER IF RT COMMENTS: CE Age Sex^M/F Race. ft/ a-X Height (X Weight 4* cz Hair Glasses Y I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Under penalty of perjury, I declare that I have read the foregoing Verified Return of Service and that the facts stated in it are true. A T O N PROCESS SERVER# Appointed in accordance with State Statutes ' LANG DETECTIVE AGENCY, INC. P.O. Box 350096 FL Lauderdale, FL 33335 (954) 764-8158 Our Job Serial Number: 2018017129 Copyngri Ci 1932.2005 DaUbase Services. Inc - Precess Server's Toolbox V5.5, N O T A CE RT IF EXHIBIT “0” IE D CO PY 1 1 IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 ____ CASE..N£L._..2_Q.1.6_-CA-00£3.6.7_ .(.AQ.)_ 3 UWADIAE B.. OMOREGIE, 4 Plaintiff, 5 vs. PY 6 YEFIM KOZA and EFN INVESTMENTS LLC, a Florida Limited Liability 7 Company, CO 8 Defendant(s) . _________ ...------ -- - - -- - i 9 D 10 11 IE CERTIFICATE OF NON-APPEARANCE In Re. Deposition of DANTE OMOREGIE IF 12 RT 13 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) 14 CE 15 I, Lisa Cropper, Registered Professional Reporter, Florida Professional Reporter, do hereby certify that I 16 was present at the offices of J&A Reporting, Inc., 301 Clematis Street, Suite 3000, West Palm Beach, Florida A 17 33401 on November 28, 2018 at 10:00 a.m., until 10:30 a.m., for the purpose of reporting the deposition of 18 T DANTE OMOREGIE, scheduled to begin at 10:00 a.m., and that the deponent did not appear. O 19 Under penalties of perjury, I declare that I have read the foregoing certificate and that the facts stated N 20 in it are true. Dated this 29th day of November, 2018. 21 22 Wo- Lisa Gropper>) R Jp.’RI , F. P’.'R.. 23 J&A Reporting, Inc. 5645 Coral Ridge Drive - #217 24 Coral Springs, Florida 33076 (954)344-0555 25 J&A REPORTING, INC. (954)344-0555 EXHIBIT A