Motion,Ex Parte: VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC

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                                Filing # 150759383 E-Filed 06/02/2022 03:43:32 PM


                      IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
                             IN AND FOR OSCEOLA COUNTY, FLORIDA
                                        CIVIL DIVISION

        VILLAS AT EMERALD LAKE HOMEOWNERS
        ASSOCIATION, INC., a Florida not for profit
        corporation,

              Plaintiff,
                                                            Case No.: 2020-CA-002942
        v.

        ROYAL OAK HOMES, LLC, a Florida limited           WEINTRAUB’S MOTION
        liability company; ADVANCED WRAPPING              FOR   EXTENSION   OF
        AND CONCRETE SOLUTIONS OF CENTRAL                 DISCOVERY    CUT-OFF
        FLORIDA, INC., a Florida corporation; DON         AND DEADLINE TO FILE
        KING’S CONCRETE, INC., a Florida corporation;     DISPOSITIVE MOTIONS
        HUGH MACDONALD CONSTRUCTION, INC.,
        a Florida corporation; IMPERIAL BUILDING
        CORPORATION, a Florida corporation; PREMIER
        PLASTERING OF CENTRAL FLORIDA, INC.
        N/K/A TGK STUCCO, INC., a Florida corporation;
        WEATHERMASTER BUILDING PRODUCTS,
        INC., a Florida corporation; WEINTRAUB
        INSPECTIONS & FORENSICS, INC. N/K/A
        WEINTRAUB             ENGINEERING       AND
        INSPECTIONS, INC., a Florida corporation;
        THE DIMILLO GROUP, LLC, a Florida limited
        liability company; WOLF’S IRRIGATION &
        LANDSCAPING, INC., a Florida corporation;
        SUMMERPARK HOMES, INC., a Florida
        corporation;      BROWN      +    COMPANY
        ARCHITECTURE, INC., a Florida corporation;
        EXPERT PAINTING & PRESSURE WASHING,
        INC., a Florida corporation,

              Defendants.
                                                    /

        ROYAL OAK HOMES, LLC, a Florida limited
        liability company;

              Crossclaim Plaintiff,

        v.
ADVANCED WRAPPING AND CONCRETE
SOLUTIONS OF CENTRAL FLORIDA, INC., a
Florida corporation; DON KING’S CONCRETE,
INC.,     a    Florida   corporation;  HUGH
MACDONALD CONSTRUCTION, INC., a
Florida corporation; IMPERIAL BUILDING
CORPORATION, a Florida corporation; PREMIER
PLASTERING OF CENTRAL FLORIDA, INC.
N/K/A TGK STUCCO, INC., a Florida corporation;
WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida corporation; WEINTRAUB
INSPECTIONS & FORENSICS, INC. N/K/A
WEINTRAUB            ENGINEERING         AND
INSPECTIONS, INC., a Florida corporation;
WOLF’S IRRIGATION & LANDSCAPING, INC.,
a Florida corporation; BROWN + COMPANY
ARCHITECTURE, INC., a Florida corporation;

       Crossclaim Defendants.
                                                     /

    WEINTRAUB’S MOTION FOR EXTENSION OF DISCOVERY CUT-OFF AND
               DEADLINE TO FILE DISPOSITIVE MOTIONS

       Defendant, WEINTRAUB INSPECTIONS & FORENSIC, INC., n/k/a WEINTRAUB

ENGINEERING AND INSPECTIONS, INC. (“Weintraub”), by and through its undersigned

counsel, hereby files this Motion for Extension of Discovery Cut-Off and Deadline to File

Dispositive Motions, and in support thereof states as follows:

       1.      This litigation involves allegations of construction defects at the Villas at Emerald

Lake townhome community, located in Kissimmee, Florida.

       2.      On April 9, 2021, the Court entered a Complex Construction Case Management

Order (the “CMO”) designating this litigation as complex, establishing a tentative trial date of

November 2022, and setting other pretrial deadlines, including the following:

               a. June 30, 2022: All Discovery Cut-Off

               b. 120 days before trial: Deadline to File Dispositive Motions



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       3.        The CMO also states that this litigation involves complex issues and a large

number of parties, documents, and claims, and that trial is likely to be prolonged. The CMO

further states that its purpose is to discourage wasteful pretrial activities, to reduce the costs of

litigation, to assist the parties in resolving their disputes, and to secure the just, speedy, and

inexpensive determination of the action.

       4.      Despite the CMO containing a tentative trial date of November 2022 and other

pre-trial deadlines, no party has moved the Court to enter a Uniform Order Setting Case for Jury

Trial and Pre-Trial Conference, and this litigation is not currently set for trial or pre-trial

conference.

       5.      Weintraub has diligently engaged in discovery to date, including the production of

substantial documentation, the exchange of interrogatories, and the deposition of multiple expert

witnesses, but several key depositions still need to be taken before the close of discovery, and

there is not sufficient time for such depositions to be taken prior to June 30, 2022. Weintraub

also intends to file dispositive motions.

       6.      Additionally, Weintraub is presently engaged in settlement discussions with all

parties that have direct claims against it, and Weintraub would benefit from additional time to

engage in such discussions prior to the close of discovery and the deadline to file dispositive

motions.

       7.      For these reasons, Weintraub requires additional time to complete discovery and

to file dispositive motions, and Weintraub respectfully requests that the Court enter an order

extending the All Discovery Cut-Off to August 31, 2022 and the Deadline to File Dispositive

Motions to 60 days before trial.




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       8.      The requested scheduling changes will not unduly delay the case, as this case has

not yet been set for trial. Rather, these changes will only further the stated purpose of the CMO “to

discourage wasteful pretrial activities, to reduce the costs of litigation, to assist the parties in

resolving their disputes, and to secure the just, speedy, and inexpensive determination of the

action.”

       9.      This request is not meant for purposes of unnecessary delay and will not prejudice

any party in the litigation. Meanwhile, Weintraub will be severely prejudiced by the inability to

depose additional key witnesses in this matter.

       WHEREFORE, Weintraub respectfully requests that the Court GRANT this Motion and

enter an order extending the All Discovery Cut-Off to August 31, 2022 and the Deadline to File

Dispositive Motions to 60 days before trial.

                                                      Respectfully submitted,

                                                      /s/ Andrew E. Holway
                                                      Rocco Cafaro
                                                      Florida Bar No. 0507121
                                                      Andrew E. Holway
                                                      Florida Bar No. 098559
                                                      Hill Ward Henderson
                                                      101 E. Kennedy Blvd., Suite 3700
                                                      Tampa, Florida 33602
                                                      Telephone: 813-221-3900
                                                      Fax: 813-221-2900
                                                      Email: andrew.holway@hwhlaw.com
                                                             rocco.cafaro@hwhlaw.com
                                                      Secondary: tracy.coale@hwhlaw.com
                                                             kathy.wernsing@hwhlaw.com
                                                             derrick.calandra@hwhlaw.com
                                                      Attorneys for Weintraub Inspections &
                                                      Forensic, Inc.




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                                CERTIFICATE OF SERVICE

        I certify that a true and correct copy of the foregoing has been electronically served

through the Florida Courts E-Filing Portal to all parties and/or counsel of record on this 2nd day

of June, 2022.

                                                    /s/ Andrew E. Holway
                                                    Attorney




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