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IN THE CIRCUIT COURT OF THE 15™
JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
BRIAN ARTHUR ANDERSON, CASE NO.: 502005CA011784XXXXMB
DIVISION: AD
Plaintiff,
vs.
MATTHEW ALEXANDER LINDSAY
AND LEON R. REED,
Defendants.
PLAINTIFF, BRIAN ARTHUR ANDERSON’S MOTION TO STRIKE ~-
DEFENDANTS, MATTHEW ALEXANDER LINDSAY’S AND LEON R. REED’S,
NOTICE OF FILING REPORT OF DR. BRUCE JANKE
Plaintiff, BRIAN ARTHUR ANDERSON, by and through undersigned counsel,
hereby moves this Court for the entry of an Order striking Defendants, MATTHEW
ALEXANDER LINDSAY'S and LEON R. REED’S Notice of Filing Report of Dr. Bruce
Janke. As grounds therefore, Plaintiff states as follows:
ae On April 6, 2006, this Honorable Court entered its Order Setting Jury Trial
and Directing Pretrial and Mediation Procedures in this matter.
2. In accordance with the Court’s Order Setting Jury Trial, Plaintiff, BRIAN
ARTHUR ANDERSON served his Witness and Exhibit Lists, including experts, on
November 14, 2006.
3. Defendants, MATTHEW ALEXANDER LINDSAY and LEON R. REED,
were to have filed their Witness and Exhibit Lists on November 14, 2006 as well.
However, Defendants, MATTHEW ALEXANDER LINDSAY and LEON R. REED, failed
to serve or file their Witness and Exhibit Lists as required by the Court's Order SettingCase No. 502005CA011784XXXXMB (AD)
Page 2
Jury Trial.
4. On January 19, 2007, more than two months after the deadline to disclose
experts, Defendants, MATTHEW ALEXANDER LINDSAY and LEON R. REED, served
a report of an independent review of Plaintiffs medical records which was prepared by
Dr. Bruce E. Janke on January 16, 2007.
5. On January 19, 2007, Defendants, MATTHEW ALEXANDER LINDSAY
and LEON R. REED, served their Notice of Filing Report of Dr. Bruce Janke.
6. At no time prior to January 19, 2007, did Defendants, MATTHEW
ALEXANDER LINDSAY and LEON R. REED, list Dr. Bruce E. Janke as an expert on
any witness list, as none was filed by the Defendants.
Te Defendants, MATTHEW ALEXANDER LINDSAY and LEON R. REED,
never listed Dr. Janke on any exhibit list as, again, none was filed by the Defendants.
8. The Court's Order Setting Jury Trial specifically states that “a party
desiring to use an exhibit or witness discovered after counsel have conferred pursuant
to paragraph D shall immediately furnish the Court and other counsel with a description
of the exhibit or with the witness’ name and address and the expected subject matter of
the witness’ testimony, together with the reason for the late discovery of the exhibit or
witness. Use of the exhibit or witness may be allowed by the Court for good cause
shown or to prevent manifest injustice.”
9. This case was filed with the Court on December 13, 2005. The Order
Setting Jury Trial was filed and served on April 26 2006, providing eleven (11) months’
notice to the parties of impending trial of this matter and six and one-half (6 %) month's
notice of the due date of the disclosure of witnesses and exhibits.Case No. 502005CA011784XXXXMB (AD)
Page 3
10. Defendants had more than ample opportunity to schedule Plaintiff, BRIAN
ARTHUR ANDERSON for an Independent Medical Examination but failed to timely do
so. Further, Defendants failed to provide Plaintiff with the reason for the late notice of
this witness.
11. Allowing the Defendants to file the report of Dr. Janke would unfairly
prejudice Plaintiff, BRIAN ARTHUR ANDERSON and result in “manifest injustice.”
WHEREFORE, Plaintiff, BRIAN ARTHUR ANDERSON, respectfully requests the
Court enter an Order striking Defendants’ Notice of Filing Report of Dr. Bruce Janke.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent
via U.S. mail this Mery of February, 2007 to: Harlan M. Gladstein, Esq., Law Offices
of Mark M. Carroll, 1000 S. Pine Island Road, Suite 200, Plantation, Florida 33324.
KOLEOS, ROSENBERG & DOYLE, P.A.
1000 S. Pine Island Road, Suite 450
Fort Lauderdale, Florida 33324
Tel: (954) 474-9929
Fax: (954) 474-9959
Attorneys for Plaintiff,
BR wn ANDERSON
DANIEL J. KOLE
Florida Bar No.: 516325
G:\Anderson, Brian\Motion to Strike.doc
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IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA BRIAN ARTHUR ANDERSON, CASE NO.: 502005CA011784XXXXMB DIVISION: AD Plaintiff, vs. MATTHEW ALEXANDER LINDSAY AND LEON R. REED, Defendants. PLAINTIFF, BRIAN ARTHUR ANDERSON’S MOTION TO STRIKE ~- DEFENDANTS, MATTHEW ALEXANDER LINDSAY’S AND LEON R. REED’S, NOTICE OF FILING REPORT OF DR. BRUCE JANKE Plaintiff, BRIAN ARTHUR ANDERSON, by and through undersigned counsel, hereby moves this Court for the entry of an Order striking Defendants, MATTHEW ALEXANDER LINDSAY'S and LEON R. REED’S Notice of Filing Report of Dr. Bruce Janke. As grounds therefore, Plaintiff states as follows: ae On April 6, 2006, this Honorable Court entered its Order Setting Jury Trial and Directing Pretrial and Mediation Procedures in this matter. 2. In accordance with the Court’s Order Setting Jury Trial, Plaintiff, BRIAN ARTHUR ANDERSON served his Witness and Exhibit Lists, including experts, on November 14, 2006. 3. Defendants, MATTHEW ALEXANDER LINDSAY and LEON R. REED, were to have filed their Witness and Exhibit Lists on November 14, 2006 as well. However, Defendants, MATTHEW ALEXANDER LINDSAY and LEON R. REED, failed to serve or file their Witness and Exhibit Lists as required by the Court's Order SettingCase No. 502005CA011784XXXXMB (AD) Page 2 Jury Trial. 4. On January 19, 2007, more than two months after the deadline to disclose experts, Defendants, MATTHEW ALEXANDER LINDSAY and LEON R. REED, served a report of an independent review of Plaintiffs medical records which was prepared by Dr. Bruce E. Janke on January 16, 2007. 5. On January 19, 2007, Defendants, MATTHEW ALEXANDER LINDSAY and LEON R. REED, served their Notice of Filing Report of Dr. Bruce Janke. 6. At no time prior to January 19, 2007, did Defendants, MATTHEW ALEXANDER LINDSAY and LEON R. REED, list Dr. Bruce E. Janke as an expert on any witness list, as none was filed by the Defendants. Te Defendants, MATTHEW ALEXANDER LINDSAY and LEON R. REED, never listed Dr. Janke on any exhibit list as, again, none was filed by the Defendants. 8. The Court's Order Setting Jury Trial specifically states that “a party desiring to use an exhibit or witness discovered after counsel have conferred pursuant to paragraph D shall immediately furnish the Court and other counsel with a description of the exhibit or with the witness’ name and address and the expected subject matter of the witness’ testimony, together with the reason for the late discovery of the exhibit or witness. Use of the exhibit or witness may be allowed by the Court for good cause shown or to prevent manifest injustice.” 9. This case was filed with the Court on December 13, 2005. The Order Setting Jury Trial was filed and served on April 26 2006, providing eleven (11) months’ notice to the parties of impending trial of this matter and six and one-half (6 %) month's notice of the due date of the disclosure of witnesses and exhibits.Case No. 502005CA011784XXXXMB (AD) Page 3 10. Defendants had more than ample opportunity to schedule Plaintiff, BRIAN ARTHUR ANDERSON for an Independent Medical Examination but failed to timely do so. Further, Defendants failed to provide Plaintiff with the reason for the late notice of this witness. 11. Allowing the Defendants to file the report of Dr. Janke would unfairly prejudice Plaintiff, BRIAN ARTHUR ANDERSON and result in “manifest injustice.” WHEREFORE, Plaintiff, BRIAN ARTHUR ANDERSON, respectfully requests the Court enter an Order striking Defendants’ Notice of Filing Report of Dr. Bruce Janke. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. mail this Mery of February, 2007 to: Harlan M. Gladstein, Esq., Law Offices of Mark M. Carroll, 1000 S. Pine Island Road, Suite 200, Plantation, Florida 33324. KOLEOS, ROSENBERG & DOYLE, P.A. 1000 S. Pine Island Road, Suite 450 Fort Lauderdale, Florida 33324 Tel: (954) 474-9929 Fax: (954) 474-9959 Attorneys for Plaintiff, BR wn ANDERSON DANIEL J. KOLE Florida Bar No.: 516325 G:\Anderson, Brian\Motion to Strike.doc