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Filing # 186555400 E-Filed 11/20/2023 09:37:38 PM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO. 16001754CA
WILLIAM H. SCHMITZ and JANICE K. SCHMITZ,
as Husband and Wife,
Plaintiffs,
Vv.
ALEXMAR PIMIENTA GARRIDO, JLL LOGISTIC INC.,
and ROBERTO LI,
Defendants.
/
MOTION TO ESTABLISH DEADLINES FOR BRIEFING ATTORNEY-DEFENDANTS’
MOTION TO INTERVENE A: OTION TO VACATE THE ORDER APPOINTING A
RECEIVER FOR JLL, LOGISTIC INC.
HENDERSON, FRANKLIN, STARNES & HOLT, P.A. (“Henderson Franklin”) and
WILLIAM BOLTREK, III (“Mr. Boltrek”) (collectively, Attorney-Defendants”), hereby file this
Motion to Establish Deadlines for Briefing the Attorney-Defendants’ Motion to Intervene and
Motion to Vacate the Order Appointing a Receiver For JLL, Logistic Inc. pursuant to the applicable
Florida Rules of Civil Procedure.
1 This case involved an auto accident where a consent judgment was ultimately entered
against JLL Logistic, Inc. (“JLL”). Later, the Court signed and entered Plaintiffs’
proposed order appearing to appoint Mr. McHale Receiver for JLL (the “Receivership
Order”). D.E. 82. However, the Receivership Order was entered without a notice of a
hearing or a corresponding hearing, and did not meet the requirements for dispensing
with either.
CASE NO. 16001754CA.
Under the colorable authority of the Receivership Order and pursuant to advice from
Plaintiffs’ counsel, Mr. McHale filed suit against JLL’s former attorneys, the Attorney-
Defendants in Case No. 20000066CA (“the malpractice action”). Both cases were
initially assigned to the Honorable Lisa Porter and later assigned to the Honorable
Geoffrey Gentile.
In the malpractice action the Court ordered the issue of the Receiver’s standing to be
resolved and imposed the following deadlines to that end:
a. November 10, 2023: Dispositive Motions.
b. December 1, 2023: Responses to Dispositive Motions.
c. December 15, 2023: Replies to Responses to Dispositive Motions.
d. December 19, 2023: Submission of all materials to Court.
These deadlines were agreed upon with the date of the hearing and mediation in mind
— December 14" and 21* respectively.
On October 25" in the malpractice action, the Attorney-Defendants alerted the Court
and all malpractice parties they intended to file a motion to vacate the order appointing
Mr. McHale in this case. Case No. 20000066CA, D.E. 338.
On November 8"" the undersigned emailed Plaintiffs’ counsel alerting him the Attorney-
Defendants intended to file a motion to vacate the order appointing Mr. McHale in this
case on November 10" whether Plaintiffs’ counsel or any other party had an objection
to having the motion to vacate heard during the same time slot reserved for the
dispositive motions in the malpractice action — December 21“. Ex. A.
CASE NO. 16001754CA.
7. On November 9" the Attorney-Defendants filed their motion to vacate in this case and
motion for final summary judgment in the malpractice case. Notably, the motion for
summary judgment incorporated the motion to vacate argument.
On November 9", Plaintiffs’ counsel responded he could not agree until he reviewed
the motion and determined whether he would need bring on additional counsel to
respond to the motion. Ex. A.
Between November 9" and 17", the Attorney-Defendants did not hear back from
Plaintiffs.
10. On November 17" in the malpractice case, a case management conference was held
where the malpractice parties and the Court agreed to have the motion to vacate and
cross motions for summary judgment heard during the same time slot on December
21*, upon the consent of the Plaintiffs. The malpractice parties also agreed to have the
motion to vacate heard first since it was outcome dispositive and would avoid
duplicative arguments - the Attorney-Defendants motion includes the motion to vacate
arguments. After the hearing, the undersigned relayed this information to Plaintiff’s and
requested consent once again. Ex. A.
11 On November 20" Plaintiffs’ counsel consented and the parties agreed to have the
motion to vacate heard first. However, the parties could not agree upon briefing
deadlines. Initially, the Attorney-Defendants proposed mirroring the deadlines in the
malpractice action. But Plaintiffs’ additional counsel indicated her travel plans did not
make her amenable to a Dec. 1“ deadline for a Response. Accordingly, the Attorney-
Defendants proposed a December 8'" deadline for Responses, with the deadlines for
Replies remaining December 15". Counsel for both the Plaintiffs and Mr. McHale
CASE NO. 16001754CA.
rejected said proposal and indicated they would file their responses at their leisure in a
reasonable time in relation to the hearing date. Ex. A.
12. The Attorney-Defendants respectfully submit that without the following briefing
deadlines the matter may not be adequately briefed for the Court’s consideration and
require the hearing date for one or both motions to be continued.
a. December 8, 2023: Responses to Dispositive Motions.
b. December 15, 2023: Replies to Responses to Dispositive Motions.
c. December 19, 2023: Submission of all materials to Court.
13. Notably, these deadlines provide Plaintiffs and Mr. McHale with 4 weeks to respond to
the motion to vacate, and twenty days from the filing of this motion.
14. Counsel for the Attorney-Defendants certifies a good-faith effort to resolve this matter
without the Court’s intervention was undertaken.
CASE NO. 16001754CA.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed
electronically and was sent by E-Mail through the Florida Courts’ E-Filing Portal system to counsel
Scot Goldberg and Michelle Keezel (ScotGoldberg@goldberg-law.com;
MichelleKeezel@goldberg-law.com) Goldberg, Noone, Abraham, LLC., 1533 Hendry Street,
Suite 200, Fort Meyers, FL 33901 on this 20th day of November, 2023.
Respectfully submitted,
DEMAHY LABRADOR DRAKE & CABEZA
Attorney for Defendants, Henderson, Franklin, Starnes &
Holt, PA. And William Boltrek, III.
Douglas Entrance
806 Douglas Road, 12" Floor
Coral Gables, Florida 33134
Tel: (305) 443-4850
Fax: (305) 443-5960
By: s/Brandt Roen
Kenneth R. Drake, Esq.
Florida Bar Number: 375111
Email: kendrake@cmlawyers.com
Brandt Roen, Esq.
Florida Bar Number: 1033416
E-mail: broen@cmlawyers.com
5
CASE NO. 16001754CA
EXHIBIT A
11/20/23, 9:14 PM Mail - Brandt Roen - Outlook
Re: CASE NO. 16001754CA - Motion to Vacate
Reba Abraham Pearce
Mon 11/20/2023 5:12 PM
To:Brandt Roen
Cc:Kenneth Drake ;AngelaR@swopelaw.com
Dear Brandt,
Thank you for your email. You lost me at "predicament" and “moving the deadline for your
Response." Like Angela, I'd also be glad to file our response within a reasonable time frame relative
to the hearing date. If there is a local rule or order that applies to the timing of my response, please
do let me know. I'd be glad to review it.
Best,
Reba
On Mon, Nov 20, 2023 at 4:57PM Brandt Roen wrote:
Reba,
In the malpractice action the parties agreed to a deadline for Responses and Replies to Dispositive
motions. | understand your predicament, would moving the deadline for your Response and Mr.
McHale's response to Dec. 8th? Our Replies would remain due the 15th. Please note | reincluded Ms.
Rodante since she indicated at the CMC she would file a response and intended to argue in opposition
to the MTV.
Best,
Brandt
Brandt Roen
O: (305) 488-4950
From: Reba Abraham Pearce
Sent: Monday, November 20, 2023 3:06 PM
To: Brandt Roen
Subject: Re: CASE NO. 16001754CA - Motion to Vacate
Brandt,
Thank you for your email. Filing deadlines for what? | have just been engaged and am traveling
for the holidays. As such, | am not amenable to a December 1st deadline for my response on behalf
of the Schmitzes.
Best,
Reba
https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 118
11/20/23, 9:14 PM Mail - Brandt Roen - Outlook
On Mon, Nov 20, 2023 at 2:33 PM Brandt Roen wrote:
Ms. Rodante, agreed, thank you for handling. Can we all agree to maintain the filing deadlines set
in the malpractice action? Specifically Dec. 1st for Responses and Dec. 15th for Replies.
Best,
Brandt
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From: James Shaw, Jr.
Sent: Monday, November 20, 2023 2:10:57 PM
To: Reba Abraham Pearce ; Angela Rodante
Cc: Scot Goldberg ; Brandt Roen ; Kenneth
Drake ; Michelle Keezel ; Nicole Walton
; Sheba Abraham ; Mike Noone
; Natalie Shoemaker ; Team 3 eService
; Moniqua Bumoskey
Subject: RE: CASE NO. 16001754CA - Motion to Vacate
Fine with me, too.
James Michael Shaw, Jr. | Partner
BUTLER WEIHMULLER KATZ CRAIG up
2
le. ‘Butler Weihmuller
Katz Craig LLP
400 N. Ashley Drive, Suite 2300 | Tampa, FL 33602
Direct 813.594.5603 | Office 813.281.1900 | Fax 813.281.0900
www.butlerlegal | email
email || bio
bio || linkedin
linkedin || vCard
vCard | location
From: Reba Abraham Pearce
Sent: Monday, November 20, 2023 2:04 PM
To: Angela Rodante
Cc: Scot Goldberg ; Brandt Roen ; James Shaw,
https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABODAV 1menwRJxV%2B6. 218
11/20/23, 9:14 PM Mail - Brandt Roen - Outlook
Jr. ; Kenneth Drake ; Michelle Keezel
; Nicole Walton ; Sheba Abraham
; Mike Noone ; Natalie Shoemaker
; Team 3 eService
Subject: Re: CASE NO. 16001754CA - Motion to Vacate
Angela,
Thank you. That'd be fine with me.
Best,
Reba Abraham Pearce
On Mon, Nov 20, 2023 at 2:01PM Angela Rodante wrote:
Great, thanks.
I’m happy to file both notices of hearing identifying 12/21 from 12noon to 2pm for hearings
on both motions.
Are we all in agreement to take up the Motion to Vacate filed in the underlying case first,
i.e., before the Motion for Summary Judgment filed in the legal malpractice/bad faith
case?
Angela Rodante
MANAGING PARTNER
1234 5!" Ave E | Tampa, FL 33605
(813) 273.0017
(813) 223.3678
https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 3/8
11/20/23, 9:14 PM Mail - Brandt Roen - Outlook
From: Scot Goldberg
Sent: Monday, November 20, 2023 1:38 PM
To: Brandt Roen ; Angela Rodante ;
jshaw@butler.legal
Ce: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham
; Reba@staugustinelawgroup.com; Mike Noone
; Natalie Shoemaker ; Scot
Goldberg
Subject: RE: CASE NO. 16001754CA - Motion to Vacate
Mr. Roen,
| am sorry | was out of the office late last week. Our office has retained Mrs. Reba Pearce with
St. Augustine Law Group to respond to this motion and to appear at the hearing. Her office has
indicated that Mrs. Pearce is available on the hearing date that you have indicated. | have
included her in on this email so you can include her in the coordination of this hearing. Thank
you.
Scot Goldberg
Scot D. Goldberg, Esquire
Goldberg Noone Abraham, LLC
1533 Hendry Street, Suite 200
Fort Myers, FL 33901
https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 4I8
11/20/23, 9:14 PM Mail - Brandt Roen - Outlook
Phone (239) 461-5508
Fax (239) 461-3915
E-mail ScotGoldberg@goldberg-law.com
Website- www.Goldberg-law.com
CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law office. It may contain information
that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended
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From: Brandt Roen
Sent: Friday, November 17, 2023 4:35 PM
To: Scot Goldberg ; AngelaR@swopelaw.com;
jshaw@butler.legal
Cc: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham
Subject: Re: CASE NO. 16001754CA - Motion to Vacate
Importance: High
Mr. Goldberg,
Circling back on this. We had a CMC in the malpractice/bad faith case and the court encouraged us to set
the MTV in the same time slot as the MSJ special set - obviously conditioned upon your consent. The
https://outlook.office.com/mail/inbox/id/AAMKAGIZNDIiNzY5LTg5YZQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABODAv 1menwRJxV %2B6. . 5/8
11/20/23, 9:14 PM Mail - Brandt Roen - Outlook
court also moved and expanded the time slot to 12/21 12-2 PM from 1:30-3 PM. Please advise if this
works for you.
Best regards,
Brandt Roen
O: (305) 488-4950
From: Scot Goldberg
Sent: Thursday, November 9, 2023 8:39 AM
To: Brandt Roen ; AngelaR@swopelaw.com
; jshaw@butler.legal
Ce: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham
Subject: RE: CASE NO. 16001754CA - Motion to Vacate
Mr. Roen,
| have no objection to receiving service of the motion, or any other pleading that the Schmitz’s
are a party too. As to the timing of the hearing, | cannot make any decisions on that issue until
| have received the motion and determine if | will be getting outside counsel involved or handle
it internally.
| would be more than happy to speak again about the notice for hearing time, after | have
reviewed the motion.
Thanks
Scot Goldberg
Scot D. Goldberg, Esquire
Goldberg Noone Abraham, LLC
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11/20/23, 9:14 PM Mail - Brandt Roen - Outlook
1533 Hendry Street, Suite 200
Fort Myers, FL 33901
Phone (239) 461-5508
Fax (239) 461-3915
E-mail ScotGoldberg@goldberg-law.com
Website- www.Goldberg-law.com
CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law office. It may contain information
that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended
recipient, you are hereby notified that you are not authorized to read, print, retain, copy, or disseminate this message,
any part of it, or any attachments. If you have received this message in error, please delete this message and any
attachments from your system without reading the content and notify the sender immediately of the inadvertent
transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege
that may attach to this communication. Thank you for your cooperation.
From: Brandt Roen
Sent: Wednesday, November 08, 2023 3:17 PM
To: Scot Goldberg ; AngelaR@swopelaw.com;
jshaw@butler.legal
Ce: Kenneth Drake
Subject: CASE NO. 16001754CA - Motion to Vacate
Good afternoon all,
As mentioned previously, on Friday we will be filing a motion to vacate the Receiver in CASE
NO. 16001754CA.
https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS0SOTI2LThiINDU2ZDdiMGRhY QBGAAAAAABODAV 1menwRJxV%2B6. 718
11/20/23, 9:14 PM Mail - Brandt Roen - Outlook
Mr. Goldberg, please confirm you are willing to receive service of this motion, and if not please
advise us by Friday of your decision and reasoning.
In the same vein and to all counsel, we would also ideally like to have the motion to vacate
heard on December 21°t at 12:30 PM since Judge Gentile presides over both cases and the
court already set aside 1.5 hrs to hear dispositive motions on the Receiver's standing to bring
the malpractice causes of action. Please advise if you have any objections to having the motions
heard concurrently.
Best regards,
Brandt Roen
Associate
Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP
Florida Office
806 Douglas Road | 12th Floor | Coral Gables, Florida 33134
(305) 488-4950 main line
broen@cmlawfirm.com
www.cmlawfirm.com
California | Florida | Georgia | Indiana | New Jersey | New York | Pennsylvania | Washington
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11/20/23, 9:16 PM Mail - Brandt Roen - Outlook
RE: CASE NO. 16001754CA - Motion to Vacate
Angela Rodante
Mon 11/20/2023 4:57 PM
To:Brandt Roen ;James Shaw, Jr. ;Reba Abraham Pearce
Cc:Scot Goldberg ;Kenneth Drake ;Michelle Keezel
;Nicole Walton ;Sheba Abraham
;Mike Noone ;Natalie Shoemaker
;Team 3 eService ;Moniqua Bumoskey
I do not agree the summary judgment deadlines apply to the Motion to intervene filed in
the underlying case, which also seeks to vacate the Order Appointing Receiver . While my
office will certainly do our best to provide an appropriate response and/or reply within a
reasonable time in relation to the hearing set, we do not agree those deadlines imposed in
the legal malpractice case are applicable in the other lawsuit for the pending motion.
Angela Rodante
MANAGING PARTNER
1234 5 Ave E | Tampa, FL 33605
(813) 273.0017
(813) 223.3678
From: Brandt Roen
Sent: Monday, November 20, 2023 2:33 PM
To: James Shaw, Jr. ; Reba Abraham Pearce ; Angela
Rodante
Cc: Scot Goldberg ; Kenneth Drake ; Michelle
Keezel ; Nicole Walton ; Sheba Abraham
; Mike Noone ; Natalie Shoemaker
; Team 3 eService ; Moniqua Bumoskey
Subject: Re: CASE NO. 16001754CA - Motion to Vacate
Ms. Rodante, agreed, thank you for handling. Can we all agree to maintain the filing deadlines set in the
malpractice action? Specifically Dec. 1st for Responses and Dec. 15th for Replies.
Best,
Brandt
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11/20/23, 9:16 PM Mail - Brandt Roen - Outlook
From: James Shaw, Jr.
Sent: Monday, November 20, 2023 2:10:57 PM
To: Reba Abraham Pearce ; Angela Rodante
Cc: Scot Goldberg ; Brandt Roen ; Kenneth Drake
; Michelle Keezel ; Nicole Walton
; Sheba Abraham ; Mike Noone
; Natalie Shoemaker ; Team 3 eService
; Moniqua Bumoskey
Subject: RE: CASE NO. 16001754CA - Motion to Vacate
Fine with me, too.
James Michael Shaw, Jr. | Partner
by, BUTLER WEIHMULLER KATZ CRAIG wp
le. Butler Weihmuller
400 N. Ashley Drive, Suite 2300 | Tampa, FL 33602
Katz Craig LLP
Direct 813.594.5603 | Office 813.281.1900 | Fax 813.281.0900
www-butler.legal | email
email || bio
bio || linkedin
linkedin || vCard
vCard | location
From: Reba Abraham Pearce
Sent: Monday, November 20, 2023 2:04 PM
To: Angela Rodante
Cc: Scot Goldberg ; Brandt Roen ; James Shaw, Jr.
; Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham ; Mike Noone ; Natalie Shoemaker ; Team 3
eService
Subject: Re: CASE NO. 16001754CA - Motion to Vacate
Angela,
Thank you. That'd be fine with me.
Best,
Reba Abraham Pearce
On Mon, Nov 20, 2023 at 2:01 PM Angela Rodante wrote:
Great, thanks.
I’m happy to file both notices of hearing identifying 12/21 from 12noon to 2pm for
hearings on both motions.
Are we all in agreement to take up the Motion to Vacate filed in the underlying case first,
i.e., before the Motion for Summary Judgment filed in the legal malpractice/bad faith
case?
Angela Rodante
MANAGING PARTNER
1234 5" Ave E | Tampa, FL 33605
https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 216
11/20/23, 9:16 PM Mail - Brandt Roen - Outlook
P (813) 273.0017
F (813) 223.3678
From: Scot Goldberg
Sent: Monday, November 20, 2023 1:38 PM
To: Brandt Roen ; Angela Rodante ;
jshaw@butler.legal
Ce: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham
; Reba@staugustinelawgroup.com; Mike Noone
; Natalie Shoemaker ; Scot Goldberg
Subject: RE: CASE NO. 16001754CA - Motion to Vacate
Mr. Roen,
I am sorry I was out of the office late last week. Our office has retained Mrs. Reba Pearce with St.
Augustine Law Group to respond to this motion and to appear at the hearing. Her office has indicated
that Mrs. Pearce is available on the hearing date that you have indicated. I have included her in on this
email so you can include her in the coordination of this hearing. Thank you.
Scot Goldberg
Scot D. Goldberg, Esquire
Goldberg Noone Abraham, LLC
1533 Hendry Street, Suite 200
Fort Myers, FL 33901
Phone (239) 461-5508
Fax (239) 461-3915
E-mail ScotGoldberg@goldberg-law.com
Website- www.Goldberg-law.com
CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law office. It may contain information that is
confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby
notified that you are not authorized to read, print, retain, copy, or disseminate this message, any part of it, or any attachments. If you have
https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 3/6
11/20/23, 9:16 PM Mail - Brandt Roen - Outlook
received this message in error, please delete this message and any attachments from your system without reading the content and notify
the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the
attorney-client privilege that may attach to this communication. Thank you for your cooperation.
From: Brandt Roen
Sent: Friday, November 17, 2023 4:35 PM
To: Scot Goldberg ; AngelaR@swopelaw.com;
jshaw@butler.legal
Ce: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham
Subject: Re: CASE NO. 16001754CA - Motion to Vacate
Importance: High
Mr. Goldberg,
Circling back on this. We had a CMC in the malpractice/bad faith case and the court
encouraged us to set the MTV in the same time slot as the MSJ special set - obviously
conditioned upon your consent. The court also moved and expanded the time slot to 12/21
12-2 PM from 1:30-3 PM. Please advise if this works for you.
Best regards,
Brandt Roen
O: (305) 488-4950
From: Scot Goldberg
Sent: Thursday, November 9, 2023 8:39 AM
To: Brandt Roen ; AngelaR@swopelaw.com ;
jshaw@butler.legal
Ce: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham
Subject: RE: CASE NO. 16001754CA - Motion to Vacate
Mr. Roen,
I have no objection to receiving service of the motion, or any other pleading that the Schmitz’s are a
party too. As to the timing of the hearing, I cannot make any decisions on that issue until I have
received the motion and determine if I will be getting outside counsel involved or handle it internally.
I would be more than happy to speak again about the notice for hearing time, after I have reviewed the
motion.
https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 4/6
11/20/23, 9:16 PM Mail - Brandt Roen - Outlook
Thanks
Scot Goldberg
Scot D. Goldberg, Esquire
Goldberg Noone Abraham, LLC
1533 Hendry Street, Suite 200
Fort Myers, FL 33901
Phone (239) 461-5508
Fax (239) 461-3915
E-mail ScotGoldberg@goldberg-law.com
Website- www.Goldberg-law.com
CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law office. It may contain information that is
confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby
notified that you are not authorized to read, print, retain, copy, or disseminate this message, any part of it, or any attachments. If you have
received this message in error, please delete this message and any attachments from your system without reading the content and notify
the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the
attorney-client privilege that may attach to this communication, Thank you for your cooperation.
From: Brandt Roen
Sent: Wednesday, November 08, 2023 3:17 PM
To: Scot Goldberg ; AngelaR@swopelaw.com;
jshaw@butler.legal
Ce: Kenneth Drake
Subject: CASE NO. 16001754CA - Motion to Vacate
https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS0SOTI2LThiINDU2ZDdiMGRhY QBGAAAAAABODAV 1menwRJxV%2B6. 5/6
11/20/23, 9:16 PM Mail - Brandt Roen - Outlook
Good afternoon all,
As mentioned previously, on Friday we will be filing a motion to vacate the Receiver in CASE NO.
16001754CA.
Mr. Goldberg, please confirm you are willing to receive service of this motion, and if not please advise
us by Friday of your decision and reasoning.
In the same vein and to all counsel, we would also ideally like to have the motion to vacate heard on
December 215 at 12:30 PM since Judge Gentile presides over both cases and the court already set aside
1.5 hrs to hear dispositive motions on the Receiver's standing to bring the malpractice causes of action.
Please advise if you have any objections to having the motions heard concurrently.
Best regards,
Brandt Roen
Associate
Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP
Florida Office
806 Douglas Road | 12th Floor | Coral Gables, Florida 33134
(305) 488-4950 main line
broen@cmlawfirm.com
www.cmlawfirm.com
California | Florida | Georgia | Indiana | New Jersey | New York | Pennsylvania | Washington
This message and any attachments may contain information that is CONFIDENTIAL and/or legally protected under attorney work product,
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Filing # 186555400 E-Filed 11/20/2023 09:37:38 PM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO. 16001754CA WILLIAM H. SCHMITZ and JANICE K. SCHMITZ, as Husband and Wife, Plaintiffs, Vv. ALEXMAR PIMIENTA GARRIDO, JLL LOGISTIC INC., and ROBERTO LI, Defendants. / MOTION TO ESTABLISH DEADLINES FOR BRIEFING ATTORNEY-DEFENDANTS’ MOTION TO INTERVENE A: OTION TO VACATE THE ORDER APPOINTING A RECEIVER FOR JLL, LOGISTIC INC. HENDERSON, FRANKLIN, STARNES & HOLT, P.A. (“Henderson Franklin”) and WILLIAM BOLTREK, III (“Mr. Boltrek”) (collectively, Attorney-Defendants”), hereby file this Motion to Establish Deadlines for Briefing the Attorney-Defendants’ Motion to Intervene and Motion to Vacate the Order Appointing a Receiver For JLL, Logistic Inc. pursuant to the applicable Florida Rules of Civil Procedure. 1 This case involved an auto accident where a consent judgment was ultimately entered against JLL Logistic, Inc. (“JLL”). Later, the Court signed and entered Plaintiffs’ proposed order appearing to appoint Mr. McHale Receiver for JLL (the “Receivership Order”). D.E. 82. However, the Receivership Order was entered without a notice of a hearing or a corresponding hearing, and did not meet the requirements for dispensing with either. CASE NO. 16001754CA. Under the colorable authority of the Receivership Order and pursuant to advice from Plaintiffs’ counsel, Mr. McHale filed suit against JLL’s former attorneys, the Attorney- Defendants in Case No. 20000066CA (“the malpractice action”). Both cases were initially assigned to the Honorable Lisa Porter and later assigned to the Honorable Geoffrey Gentile. In the malpractice action the Court ordered the issue of the Receiver’s standing to be resolved and imposed the following deadlines to that end: a. November 10, 2023: Dispositive Motions. b. December 1, 2023: Responses to Dispositive Motions. c. December 15, 2023: Replies to Responses to Dispositive Motions. d. December 19, 2023: Submission of all materials to Court. These deadlines were agreed upon with the date of the hearing and mediation in mind — December 14" and 21* respectively. On October 25" in the malpractice action, the Attorney-Defendants alerted the Court and all malpractice parties they intended to file a motion to vacate the order appointing Mr. McHale in this case. Case No. 20000066CA, D.E. 338. On November 8"" the undersigned emailed Plaintiffs’ counsel alerting him the Attorney- Defendants intended to file a motion to vacate the order appointing Mr. McHale in this case on November 10" whether Plaintiffs’ counsel or any other party had an objection to having the motion to vacate heard during the same time slot reserved for the dispositive motions in the malpractice action — December 21“. Ex. A. CASE NO. 16001754CA. 7. On November 9" the Attorney-Defendants filed their motion to vacate in this case and motion for final summary judgment in the malpractice case. Notably, the motion for summary judgment incorporated the motion to vacate argument. On November 9", Plaintiffs’ counsel responded he could not agree until he reviewed the motion and determined whether he would need bring on additional counsel to respond to the motion. Ex. A. Between November 9" and 17", the Attorney-Defendants did not hear back from Plaintiffs. 10. On November 17" in the malpractice case, a case management conference was held where the malpractice parties and the Court agreed to have the motion to vacate and cross motions for summary judgment heard during the same time slot on December 21*, upon the consent of the Plaintiffs. The malpractice parties also agreed to have the motion to vacate heard first since it was outcome dispositive and would avoid duplicative arguments - the Attorney-Defendants motion includes the motion to vacate arguments. After the hearing, the undersigned relayed this information to Plaintiff’s and requested consent once again. Ex. A. 11 On November 20" Plaintiffs’ counsel consented and the parties agreed to have the motion to vacate heard first. However, the parties could not agree upon briefing deadlines. Initially, the Attorney-Defendants proposed mirroring the deadlines in the malpractice action. But Plaintiffs’ additional counsel indicated her travel plans did not make her amenable to a Dec. 1“ deadline for a Response. Accordingly, the Attorney- Defendants proposed a December 8'" deadline for Responses, with the deadlines for Replies remaining December 15". Counsel for both the Plaintiffs and Mr. McHale CASE NO. 16001754CA. rejected said proposal and indicated they would file their responses at their leisure in a reasonable time in relation to the hearing date. Ex. A. 12. The Attorney-Defendants respectfully submit that without the following briefing deadlines the matter may not be adequately briefed for the Court’s consideration and require the hearing date for one or both motions to be continued. a. December 8, 2023: Responses to Dispositive Motions. b. December 15, 2023: Replies to Responses to Dispositive Motions. c. December 19, 2023: Submission of all materials to Court. 13. Notably, these deadlines provide Plaintiffs and Mr. McHale with 4 weeks to respond to the motion to vacate, and twenty days from the filing of this motion. 14. Counsel for the Attorney-Defendants certifies a good-faith effort to resolve this matter without the Court’s intervention was undertaken. CASE NO. 16001754CA. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed electronically and was sent by E-Mail through the Florida Courts’ E-Filing Portal system to counsel Scot Goldberg and Michelle Keezel (ScotGoldberg@goldberg-law.com; MichelleKeezel@goldberg-law.com) Goldberg, Noone, Abraham, LLC., 1533 Hendry Street, Suite 200, Fort Meyers, FL 33901 on this 20th day of November, 2023. Respectfully submitted, DEMAHY LABRADOR DRAKE & CABEZA Attorney for Defendants, Henderson, Franklin, Starnes & Holt, PA. And William Boltrek, III. Douglas Entrance 806 Douglas Road, 12" Floor Coral Gables, Florida 33134 Tel: (305) 443-4850 Fax: (305) 443-5960 By: s/Brandt Roen Kenneth R. Drake, Esq. Florida Bar Number: 375111 Email: kendrake@cmlawyers.com Brandt Roen, Esq. Florida Bar Number: 1033416 E-mail: broen@cmlawyers.com 5 CASE NO. 16001754CA EXHIBIT A 11/20/23, 9:14 PM Mail - Brandt Roen - Outlook Re: CASE NO. 16001754CA - Motion to Vacate Reba Abraham Pearce Mon 11/20/2023 5:12 PM To:Brandt Roen Cc:Kenneth Drake ;AngelaR@swopelaw.com Dear Brandt, Thank you for your email. You lost me at "predicament" and “moving the deadline for your Response." Like Angela, I'd also be glad to file our response within a reasonable time frame relative to the hearing date. If there is a local rule or order that applies to the timing of my response, please do let me know. I'd be glad to review it. Best, Reba On Mon, Nov 20, 2023 at 4:57PM Brandt Roen wrote: Reba, In the malpractice action the parties agreed to a deadline for Responses and Replies to Dispositive motions. | understand your predicament, would moving the deadline for your Response and Mr. McHale's response to Dec. 8th? Our Replies would remain due the 15th. Please note | reincluded Ms. Rodante since she indicated at the CMC she would file a response and intended to argue in opposition to the MTV. Best, Brandt Brandt Roen O: (305) 488-4950 From: Reba Abraham Pearce Sent: Monday, November 20, 2023 3:06 PM To: Brandt Roen Subject: Re: CASE NO. 16001754CA - Motion to Vacate Brandt, Thank you for your email. Filing deadlines for what? | have just been engaged and am traveling for the holidays. As such, | am not amenable to a December 1st deadline for my response on behalf of the Schmitzes. Best, Reba https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 118 11/20/23, 9:14 PM Mail - Brandt Roen - Outlook On Mon, Nov 20, 2023 at 2:33 PM Brandt Roen wrote: Ms. Rodante, agreed, thank you for handling. Can we all agree to maintain the filing deadlines set in the malpractice action? Specifically Dec. 1st for Responses and Dec. 15th for Replies. Best, Brandt Get Outlook for iOS From: James Shaw, Jr. Sent: Monday, November 20, 2023 2:10:57 PM To: Reba Abraham Pearce ; Angela Rodante Cc: Scot Goldberg ; Brandt Roen ; Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham ; Mike Noone ; Natalie Shoemaker ; Team 3 eService ; Moniqua Bumoskey Subject: RE: CASE NO. 16001754CA - Motion to Vacate Fine with me, too. James Michael Shaw, Jr. | Partner BUTLER WEIHMULLER KATZ CRAIG up 2 le. ‘Butler Weihmuller Katz Craig LLP 400 N. Ashley Drive, Suite 2300 | Tampa, FL 33602 Direct 813.594.5603 | Office 813.281.1900 | Fax 813.281.0900 www.butlerlegal | email email || bio bio || linkedin linkedin || vCard vCard | location From: Reba Abraham Pearce Sent: Monday, November 20, 2023 2:04 PM To: Angela Rodante Cc: Scot Goldberg ; Brandt Roen ; James Shaw, https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABODAV 1menwRJxV%2B6. 218 11/20/23, 9:14 PM Mail - Brandt Roen - Outlook Jr. ; Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham ; Mike Noone ; Natalie Shoemaker ; Team 3 eService Subject: Re: CASE NO. 16001754CA - Motion to Vacate Angela, Thank you. That'd be fine with me. Best, Reba Abraham Pearce On Mon, Nov 20, 2023 at 2:01PM Angela Rodante wrote: Great, thanks. I’m happy to file both notices of hearing identifying 12/21 from 12noon to 2pm for hearings on both motions. Are we all in agreement to take up the Motion to Vacate filed in the underlying case first, i.e., before the Motion for Summary Judgment filed in the legal malpractice/bad faith case? Angela Rodante MANAGING PARTNER 1234 5!" Ave E | Tampa, FL 33605 (813) 273.0017 (813) 223.3678 https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 3/8 11/20/23, 9:14 PM Mail - Brandt Roen - Outlook From: Scot Goldberg Sent: Monday, November 20, 2023 1:38 PM To: Brandt Roen ; Angela Rodante ; jshaw@butler.legal Ce: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham ; Reba@staugustinelawgroup.com; Mike Noone ; Natalie Shoemaker ; Scot Goldberg Subject: RE: CASE NO. 16001754CA - Motion to Vacate Mr. Roen, | am sorry | was out of the office late last week. Our office has retained Mrs. Reba Pearce with St. Augustine Law Group to respond to this motion and to appear at the hearing. Her office has indicated that Mrs. Pearce is available on the hearing date that you have indicated. | have included her in on this email so you can include her in the coordination of this hearing. Thank you. Scot Goldberg Scot D. Goldberg, Esquire Goldberg Noone Abraham, LLC 1533 Hendry Street, Suite 200 Fort Myers, FL 33901 https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 4I8 11/20/23, 9:14 PM Mail - Brandt Roen - Outlook Phone (239) 461-5508 Fax (239) 461-3915 E-mail ScotGoldberg@goldberg-law.com Website- www.Goldberg-law.com CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law office. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy, or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege that may attach to this communication. Thank you for your cooperation. From: Brandt Roen Sent: Friday, November 17, 2023 4:35 PM To: Scot Goldberg ; AngelaR@swopelaw.com; jshaw@butler.legal Cc: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham Subject: Re: CASE NO. 16001754CA - Motion to Vacate Importance: High Mr. Goldberg, Circling back on this. We had a CMC in the malpractice/bad faith case and the court encouraged us to set the MTV in the same time slot as the MSJ special set - obviously conditioned upon your consent. The https://outlook.office.com/mail/inbox/id/AAMKAGIZNDIiNzY5LTg5YZQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABODAv 1menwRJxV %2B6. . 5/8 11/20/23, 9:14 PM Mail - Brandt Roen - Outlook court also moved and expanded the time slot to 12/21 12-2 PM from 1:30-3 PM. Please advise if this works for you. Best regards, Brandt Roen O: (305) 488-4950 From: Scot Goldberg Sent: Thursday, November 9, 2023 8:39 AM To: Brandt Roen ; AngelaR@swopelaw.com ; jshaw@butler.legal Ce: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham Subject: RE: CASE NO. 16001754CA - Motion to Vacate Mr. Roen, | have no objection to receiving service of the motion, or any other pleading that the Schmitz’s are a party too. As to the timing of the hearing, | cannot make any decisions on that issue until | have received the motion and determine if | will be getting outside counsel involved or handle it internally. | would be more than happy to speak again about the notice for hearing time, after | have reviewed the motion. Thanks Scot Goldberg Scot D. Goldberg, Esquire Goldberg Noone Abraham, LLC https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 6/8 11/20/23, 9:14 PM Mail - Brandt Roen - Outlook 1533 Hendry Street, Suite 200 Fort Myers, FL 33901 Phone (239) 461-5508 Fax (239) 461-3915 E-mail ScotGoldberg@goldberg-law.com Website- www.Goldberg-law.com CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law office. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy, or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege that may attach to this communication. Thank you for your cooperation. From: Brandt Roen Sent: Wednesday, November 08, 2023 3:17 PM To: Scot Goldberg ; AngelaR@swopelaw.com; jshaw@butler.legal Ce: Kenneth Drake Subject: CASE NO. 16001754CA - Motion to Vacate Good afternoon all, As mentioned previously, on Friday we will be filing a motion to vacate the Receiver in CASE NO. 16001754CA. https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS0SOTI2LThiINDU2ZDdiMGRhY QBGAAAAAABODAV 1menwRJxV%2B6. 718 11/20/23, 9:14 PM Mail - Brandt Roen - Outlook Mr. Goldberg, please confirm you are willing to receive service of this motion, and if not please advise us by Friday of your decision and reasoning. In the same vein and to all counsel, we would also ideally like to have the motion to vacate heard on December 21°t at 12:30 PM since Judge Gentile presides over both cases and the court already set aside 1.5 hrs to hear dispositive motions on the Receiver's standing to bring the malpractice causes of action. Please advise if you have any objections to having the motions heard concurrently. Best regards, Brandt Roen Associate Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP Florida Office 806 Douglas Road | 12th Floor | Coral Gables, Florida 33134 (305) 488-4950 main line broen@cmlawfirm.com www.cmlawfirm.com California | Florida | Georgia | Indiana | New Jersey | New York | Pennsylvania | Washington This message and any attachments may contain information that is CONFIDENTIAL and/or legally protected under attorney work product, attorney-client communication, joint defense or another recognized privilege. If you are not one of the above-named recipients, your receipt of this message was inadvertent and you are not to read, copy, disseminate or otherwise use this message and attachments. If you have received this message in error, please immediately delete the message, attachments and any hard drive copies, and notify sender so that the error may be corrected. View our firm's COVID-19 policy, https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 8/8 11/20/23, 9:16 PM Mail - Brandt Roen - Outlook RE: CASE NO. 16001754CA - Motion to Vacate Angela Rodante Mon 11/20/2023 4:57 PM To:Brandt Roen ;James Shaw, Jr. ;Reba Abraham Pearce Cc:Scot Goldberg ;Kenneth Drake ;Michelle Keezel ;Nicole Walton ;Sheba Abraham ;Mike Noone ;Natalie Shoemaker ;Team 3 eService ;Moniqua Bumoskey I do not agree the summary judgment deadlines apply to the Motion to intervene filed in the underlying case, which also seeks to vacate the Order Appointing Receiver . While my office will certainly do our best to provide an appropriate response and/or reply within a reasonable time in relation to the hearing set, we do not agree those deadlines imposed in the legal malpractice case are applicable in the other lawsuit for the pending motion. Angela Rodante MANAGING PARTNER 1234 5 Ave E | Tampa, FL 33605 (813) 273.0017 (813) 223.3678 From: Brandt Roen Sent: Monday, November 20, 2023 2:33 PM To: James Shaw, Jr. ; Reba Abraham Pearce ; Angela Rodante Cc: Scot Goldberg ; Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham ; Mike Noone ; Natalie Shoemaker ; Team 3 eService ; Moniqua Bumoskey Subject: Re: CASE NO. 16001754CA - Motion to Vacate Ms. Rodante, agreed, thank you for handling. Can we all agree to maintain the filing deadlines set in the malpractice action? Specifically Dec. 1st for Responses and Dec. 15th for Replies. Best, Brandt Get Outlook for iOS https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABODAV 1menwRJxV%2B6. 1/6 11/20/23, 9:16 PM Mail - Brandt Roen - Outlook From: James Shaw, Jr. Sent: Monday, November 20, 2023 2:10:57 PM To: Reba Abraham Pearce ; Angela Rodante Cc: Scot Goldberg ; Brandt Roen ; Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham ; Mike Noone ; Natalie Shoemaker ; Team 3 eService ; Moniqua Bumoskey Subject: RE: CASE NO. 16001754CA - Motion to Vacate Fine with me, too. James Michael Shaw, Jr. | Partner by, BUTLER WEIHMULLER KATZ CRAIG wp le. Butler Weihmuller 400 N. Ashley Drive, Suite 2300 | Tampa, FL 33602 Katz Craig LLP Direct 813.594.5603 | Office 813.281.1900 | Fax 813.281.0900 www-butler.legal | email email || bio bio || linkedin linkedin || vCard vCard | location From: Reba Abraham Pearce Sent: Monday, November 20, 2023 2:04 PM To: Angela Rodante Cc: Scot Goldberg ; Brandt Roen ; James Shaw, Jr. ; Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham ; Mike Noone ; Natalie Shoemaker ; Team 3 eService Subject: Re: CASE NO. 16001754CA - Motion to Vacate Angela, Thank you. That'd be fine with me. Best, Reba Abraham Pearce On Mon, Nov 20, 2023 at 2:01 PM Angela Rodante wrote: Great, thanks. I’m happy to file both notices of hearing identifying 12/21 from 12noon to 2pm for hearings on both motions. Are we all in agreement to take up the Motion to Vacate filed in the underlying case first, i.e., before the Motion for Summary Judgment filed in the legal malpractice/bad faith case? Angela Rodante MANAGING PARTNER 1234 5" Ave E | Tampa, FL 33605 https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 216 11/20/23, 9:16 PM Mail - Brandt Roen - Outlook P (813) 273.0017 F (813) 223.3678 From: Scot Goldberg Sent: Monday, November 20, 2023 1:38 PM To: Brandt Roen ; Angela Rodante ; jshaw@butler.legal Ce: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham ; Reba@staugustinelawgroup.com; Mike Noone ; Natalie Shoemaker ; Scot Goldberg Subject: RE: CASE NO. 16001754CA - Motion to Vacate Mr. Roen, I am sorry I was out of the office late last week. Our office has retained Mrs. Reba Pearce with St. Augustine Law Group to respond to this motion and to appear at the hearing. Her office has indicated that Mrs. Pearce is available on the hearing date that you have indicated. I have included her in on this email so you can include her in the coordination of this hearing. Thank you. Scot Goldberg Scot D. Goldberg, Esquire Goldberg Noone Abraham, LLC 1533 Hendry Street, Suite 200 Fort Myers, FL 33901 Phone (239) 461-5508 Fax (239) 461-3915 E-mail ScotGoldberg@goldberg-law.com Website- www.Goldberg-law.com CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law office. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy, or disseminate this message, any part of it, or any attachments. If you have https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 3/6 11/20/23, 9:16 PM Mail - Brandt Roen - Outlook received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege that may attach to this communication. Thank you for your cooperation. From: Brandt Roen Sent: Friday, November 17, 2023 4:35 PM To: Scot Goldberg ; AngelaR@swopelaw.com; jshaw@butler.legal Ce: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham Subject: Re: CASE NO. 16001754CA - Motion to Vacate Importance: High Mr. Goldberg, Circling back on this. We had a CMC in the malpractice/bad faith case and the court encouraged us to set the MTV in the same time slot as the MSJ special set - obviously conditioned upon your consent. The court also moved and expanded the time slot to 12/21 12-2 PM from 1:30-3 PM. Please advise if this works for you. Best regards, Brandt Roen O: (305) 488-4950 From: Scot Goldberg Sent: Thursday, November 9, 2023 8:39 AM To: Brandt Roen ; AngelaR@swopelaw.com ; jshaw@butler.legal Ce: Kenneth Drake ; Michelle Keezel ; Nicole Walton ; Sheba Abraham Subject: RE: CASE NO. 16001754CA - Motion to Vacate Mr. Roen, I have no objection to receiving service of the motion, or any other pleading that the Schmitz’s are a party too. As to the timing of the hearing, I cannot make any decisions on that issue until I have received the motion and determine if I will be getting outside counsel involved or handle it internally. I would be more than happy to speak again about the notice for hearing time, after I have reviewed the motion. https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 4/6 11/20/23, 9:16 PM Mail - Brandt Roen - Outlook Thanks Scot Goldberg Scot D. Goldberg, Esquire Goldberg Noone Abraham, LLC 1533 Hendry Street, Suite 200 Fort Myers, FL 33901 Phone (239) 461-5508 Fax (239) 461-3915 E-mail ScotGoldberg@goldberg-law.com Website- www.Goldberg-law.com CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law office. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy, or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege that may attach to this communication, Thank you for your cooperation. From: Brandt Roen Sent: Wednesday, November 08, 2023 3:17 PM To: Scot Goldberg ; AngelaR@swopelaw.com; jshaw@butler.legal Ce: Kenneth Drake Subject: CASE NO. 16001754CA - Motion to Vacate https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS0SOTI2LThiINDU2ZDdiMGRhY QBGAAAAAABODAV 1menwRJxV%2B6. 5/6 11/20/23, 9:16 PM Mail - Brandt Roen - Outlook Good afternoon all, As mentioned previously, on Friday we will be filing a motion to vacate the Receiver in CASE NO. 16001754CA. Mr. Goldberg, please confirm you are willing to receive service of this motion, and if not please advise us by Friday of your decision and reasoning. In the same vein and to all counsel, we would also ideally like to have the motion to vacate heard on December 215 at 12:30 PM since Judge Gentile presides over both cases and the court already set aside 1.5 hrs to hear dispositive motions on the Receiver's standing to bring the malpractice causes of action. Please advise if you have any objections to having the motions heard concurrently. Best regards, Brandt Roen Associate Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP Florida Office 806 Douglas Road | 12th Floor | Coral Gables, Florida 33134 (305) 488-4950 main line broen@cmlawfirm.com www.cmlawfirm.com California | Florida | Georgia | Indiana | New Jersey | New York | Pennsylvania | Washington This message and any attachments may contain information that is CONFIDENTIAL and/or legally protected under attorney work product, attorney-client communication, joint defense or another recognized privilege. If you are not one of the above-named recipients, your receipt of this message was inadvertent and you are not to read, copy, disseminate or otherwise use this message and attachments. If you have received this message in error, please immediately delete the message, attachments and any hard drive copies, and notify sender so that the error may be corrected. View our firm's COVID-19 policy https://outlook.office.com/mail/inbox/id/AAMkAGIZNDIiNzY5LTg5YzQtNDE4ZS05OTI2LThiNDU2ZDdiMGRhY QBGAAAAAABObAV 1menwRJxV%2B6... 6/6