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Filing # 72995412 E-Filed 06/04/2018 12:15:54 AM
Plaintiff's Objection to Motion For Sanctions, 180604
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO: CACE-17-002198
JAMES MILLER,
CIVIL DIVISION: 25
Plaintiff;
VS.
HENDERSON MACHINE, INC.,
Defendant.
/
PLAINTIFF'S RESPONSE IN OBJECTION TO DEFENSE'S
MOTION FOR SANCTIONS FOR INTENTIONAL SPOLIATION OF EVIDENCE
PLAINTIFF, James Miller, Pro Se, hereby responds in Objection to Defense's 05/07/18
Motion For Sanctions Based On Intentional Negligent Spoliation Of Evidence as erroneous,
frivolous, harassing and willfully filed in Bad Faith, and in support so states:
1 This cause of action as referenced by Defense counselor Cullen ("Mr. Cullen")
stems from the incompetent work and flowing therefrom Breach of Contract by Henderson
Machine, Inc. ("HMI"), by and through its President, Daniel J. Henderson actions or inactions.
2 Defense counselor Cullen ("Mr. Cullen") files this Motion in bad faith, because
Mr. Cullen is well aware from personal, good faith admission by Plaintiff of the full
circumstances to a small quantity of "rocker arms" ("Parts") having been accidentally sold which
were not originally part of this complaint; as they were believed to have been "good."
3 Plaintiff gives an accounting of those in his Affidavit for damages filed in the
Second Amended Motion For Summary Judgment. (See EXHIBIT "1", attached hereto).
4 A second lot of seventy (70) Parts is explained by that Affidavit (Ex. "1", 98),
which at some time were inadvertently lost in storage or transportation after inspection by non-
Party certified inspection station, LIGI TOOL; and may still be recovered, but were previously
deemed "junk" as attested to, of which is stipulated therein as being of "post inspection."
1 James Miller vs. Henderson Machine, Broward County, FL.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 6/4/2018 12:15:53 AM.****
Plaintiff's Objection to Motion For Sanctions, 180604
5 As also attested to in good faith by the Affidavit (Ex. "1", §11) filed much PRIOR
to Mr. Cullen's frivolous and harassing Motion of 05/07/18, the eighty (80) Parts that were
assembled, lost or sold, for which in fact only sixty-four (64) were possibly sold or lost, as
sixteen (16) are still accounted for; eighty (80) were deducted from the claim in that they were
assembled from parts believed to have been good, PRIOR to the second inspection. So even
though it has been discovered in the second inspection that these eighty (80) parts were also bad,
having failed to have been inspected for axial alignment in the first inspection, the Defendant has
been relieved of any claim of damages for those eight (80) parts. However, Mr. Cullen chooses
to harass and comingle his facts to manufacture his version of new facts for the Court.
WHEREFORE, for the reasons set forth herein, Plaintiff respectfully moves the Court to
DENY Defendant's desperate, frivolous, baseless Motion.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing instrument was served to:
Mark A. Cullen, Esq., 500 S. Australian Ave., #543; West Palm Beach, FL 33401;
via FL Courts E-Filing Portal to: mailbox@cullenlawfirm.net, on: 4 June 2018.
By: Is) LM. Miller Date: June 4, 2018
J.M. Miller, Pro Se June 4, 2018
1775 Blount Rd. #413
Pompano Beach, FL 33069
954-978-9890 (jimil@aol.com)
James Miller vs. Henderson Machine, Broward County, FL.
Affidavit Of Damages, 180207
IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY, FLORIDA
JAMES MILLER,
CASE NO: CACE-17-02198
Plaintiff;
CIVIL DIVISION: 25
VS.
HENDERSON MACHINE, INC., EXHIBIT "1"
Defendant.
/
FOURTH AMENDED MOTION FOR SUMMARY JUDGMENT
AFFIDAVIT OF DAMAGES
STATE OF FLORIDA )
) ss:
COUNTY OF BROWARD _)
BEFORE ME, the undersigned authority, duly authorized to take acknowledgements and
administer oaths in the State and County aforesaid, personally appeared James Miller, who after
being first duly sworn on oath, deposes and says:
1 I am a natural born U.S. Citizen and resident of Broward County, Florida, and
over the age if eighteen (18) years; and I am the Plaintiff, Pro Se, in this cause of action; and I
have personal firsthand knowledge of the facts, experiences and testimony that I present herein.
2 I have this day amended in good faith my claim of damages for Plaintiff's Motion
For Summary Judgment in this cause to reflect accurate number of "Parts" as described in the
Fifth Amended Complaint, were rendered unusable as a direct or proximate result of Defendant
Henderson Machine, Inc. ("HMI") incompetence, negligence and breach of contract, as alleged.
3 The Complaint's Exhibit "A" testifies to seven hundred ninety-four (794) Parts
submitted to HMI and damaged by HMI, wherein HMI provided a packing slip upon their return
to Plaintiff (Complaint Exhibit "C") of seven hundred eighty-eight (788) Parts; whereas six (6)
more Parts having been machined and ruined by HMI were provided to Plaintiff prior to the 788.
James Miller vs. Henderson Machine, Broward County, FL.
Affidavit Of Damages, 180207
4 The original Complaint in this cause, as filed in County Court, was filed pursuant
to HMI's own inspection results, tested as instructed by Plaintiff which indicated three hundred
eleven (311) of the original 794 Parts submitted by Plaintiff were [believed] to be acceptable, as
shown by line items #1 thru #8 of Exhibit "C", where a dimensional deviation between the roller
pin axis and the bearing bore axis did not exceed .003" (three thousandths of an inch).
5 Exhibit "C" line items #4 thru #8, however, are quantities of segregated Parts
which have deviations exceeding .003", grouped as +/-.005 and +/-.010 and .010+, respectively.
6 Subsequent to Exhibit "C's" inspection, sixty-four (64) Parts had been sold from
the presumed acceptable (line items #1 thru #3).
7. Subsequent to Exhibit "C's" inspection, one hundred thirty-seven (137) Parts were
inspected by a certified facility, represented by the Fifth Amended Complaint's EXHIBIT "I",
taken from the remaining batch of Exhibit "C's" line items #1 thru #3 believed to be acceptable,
wherein they were discovered to all be "skewed", as were all other rockers still remaining.
8. During the considerable moving and sorting and inspecting, a box of seventy (70)
post inspection rockers were misplaced and/or lost, believed to have been left with the contracted
inspector, LIGI TOOL & ENGINEERING (Exhibit "I"), for which a good faith search has since
been done without result; believed to have been inadvertently discarded as junk.
9 Plaintiff cannot account for their loss of possession, but Plaintiff can and does
attest to their existence as reflected in Exhibits "A" and "C"; further, these Parts were NOT used
in any redeemable way; and their loss of possession, accidental or not, is the direct or proximate
result of prosecuting this action; for which said Parts were inspected, were accounted for as part
of the non-conforming Parts tested as shown in Exhibit "I", all skewed axis’ of NO usable value.
10. Therefore, I, as Plaintiff, suffered damages of at least $30.00 each as a result of
the damages sustained for these and all other Parts which HMI incompetently machined for me.
James Miller vs. Henderson Machine, Broward County, FL.
Affidavit Of Damages, 180207
i. Plaintiff has provided all remaining six hundred sixty (660) Parts to Defense,
pursuant to their Second Request for Production; all of which I have verified as junk.
12. Accordingly, my total loss of usable Parts as a result of HMIs breach of contract,
as alleged in the Fifth Amended Complaint is seven hundred thirty (730), at a minimum fair
market value of thirty dollars ($30.00) each; which has been supported by evidence in discovery.
13. My total damages are $21,900.00 (Twenty-One Thousand Nine Hundred Dollars),
plus all costs and fees associated with my prosecuting this action.
14. I have first person knowledge of the facts as stated herein for which | give sworn
testimony to be true and correct.
o>
FURTHER AFFIANT SAYETH NAUGHT.
es Miller, Pro Se
SWORN TO AND SUBSCRIBED before me this / day of February, 2018, by
James M. Miller, who presented identification and did so take an oath.
My Commission Expires: ( Jan 50, tou
NOTARY PUBLIC
JESSICA ATACUR!
Notary Public - State of Florida
Commission
# GG 067676
My Comm. Expires Jan 39,2021
ped Or printed name.
James Miller vs. Henderson Machine, Broward County, FL
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Filing # 72995412 E-Filed 06/04/2018 12:15:54 AM Plaintiff's Objection to Motion For Sanctions, 180604 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-17-002198 JAMES MILLER, CIVIL DIVISION: 25 Plaintiff; VS. HENDERSON MACHINE, INC., Defendant. / PLAINTIFF'S RESPONSE IN OBJECTION TO DEFENSE'S MOTION FOR SANCTIONS FOR INTENTIONAL SPOLIATION OF EVIDENCE PLAINTIFF, James Miller, Pro Se, hereby responds in Objection to Defense's 05/07/18 Motion For Sanctions Based On Intentional Negligent Spoliation Of Evidence as erroneous, frivolous, harassing and willfully filed in Bad Faith, and in support so states: 1 This cause of action as referenced by Defense counselor Cullen ("Mr. Cullen") stems from the incompetent work and flowing therefrom Breach of Contract by Henderson Machine, Inc. ("HMI"), by and through its President, Daniel J. Henderson actions or inactions. 2 Defense counselor Cullen ("Mr. Cullen") files this Motion in bad faith, because Mr. Cullen is well aware from personal, good faith admission by Plaintiff of the full circumstances to a small quantity of "rocker arms" ("Parts") having been accidentally sold which were not originally part of this complaint; as they were believed to have been "good." 3 Plaintiff gives an accounting of those in his Affidavit for damages filed in the Second Amended Motion For Summary Judgment. (See EXHIBIT "1", attached hereto). 4 A second lot of seventy (70) Parts is explained by that Affidavit (Ex. "1", 98), which at some time were inadvertently lost in storage or transportation after inspection by non- Party certified inspection station, LIGI TOOL; and may still be recovered, but were previously deemed "junk" as attested to, of which is stipulated therein as being of "post inspection." 1 James Miller vs. Henderson Machine, Broward County, FL. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 6/4/2018 12:15:53 AM.**** Plaintiff's Objection to Motion For Sanctions, 180604 5 As also attested to in good faith by the Affidavit (Ex. "1", §11) filed much PRIOR to Mr. Cullen's frivolous and harassing Motion of 05/07/18, the eighty (80) Parts that were assembled, lost or sold, for which in fact only sixty-four (64) were possibly sold or lost, as sixteen (16) are still accounted for; eighty (80) were deducted from the claim in that they were assembled from parts believed to have been good, PRIOR to the second inspection. So even though it has been discovered in the second inspection that these eighty (80) parts were also bad, having failed to have been inspected for axial alignment in the first inspection, the Defendant has been relieved of any claim of damages for those eight (80) parts. However, Mr. Cullen chooses to harass and comingle his facts to manufacture his version of new facts for the Court. WHEREFORE, for the reasons set forth herein, Plaintiff respectfully moves the Court to DENY Defendant's desperate, frivolous, baseless Motion. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing instrument was served to: Mark A. Cullen, Esq., 500 S. Australian Ave., #543; West Palm Beach, FL 33401; via FL Courts E-Filing Portal to: mailbox@cullenlawfirm.net, on: 4 June 2018. By: Is) LM. Miller Date: June 4, 2018 J.M. Miller, Pro Se June 4, 2018 1775 Blount Rd. #413 Pompano Beach, FL 33069 954-978-9890 (jimil@aol.com) James Miller vs. Henderson Machine, Broward County, FL. Affidavit Of Damages, 180207 IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA JAMES MILLER, CASE NO: CACE-17-02198 Plaintiff; CIVIL DIVISION: 25 VS. HENDERSON MACHINE, INC., EXHIBIT "1" Defendant. / FOURTH AMENDED MOTION FOR SUMMARY JUDGMENT AFFIDAVIT OF DAMAGES STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD _) BEFORE ME, the undersigned authority, duly authorized to take acknowledgements and administer oaths in the State and County aforesaid, personally appeared James Miller, who after being first duly sworn on oath, deposes and says: 1 I am a natural born U.S. Citizen and resident of Broward County, Florida, and over the age if eighteen (18) years; and I am the Plaintiff, Pro Se, in this cause of action; and I have personal firsthand knowledge of the facts, experiences and testimony that I present herein. 2 I have this day amended in good faith my claim of damages for Plaintiff's Motion For Summary Judgment in this cause to reflect accurate number of "Parts" as described in the Fifth Amended Complaint, were rendered unusable as a direct or proximate result of Defendant Henderson Machine, Inc. ("HMI") incompetence, negligence and breach of contract, as alleged. 3 The Complaint's Exhibit "A" testifies to seven hundred ninety-four (794) Parts submitted to HMI and damaged by HMI, wherein HMI provided a packing slip upon their return to Plaintiff (Complaint Exhibit "C") of seven hundred eighty-eight (788) Parts; whereas six (6) more Parts having been machined and ruined by HMI were provided to Plaintiff prior to the 788. James Miller vs. Henderson Machine, Broward County, FL. Affidavit Of Damages, 180207 4 The original Complaint in this cause, as filed in County Court, was filed pursuant to HMI's own inspection results, tested as instructed by Plaintiff which indicated three hundred eleven (311) of the original 794 Parts submitted by Plaintiff were [believed] to be acceptable, as shown by line items #1 thru #8 of Exhibit "C", where a dimensional deviation between the roller pin axis and the bearing bore axis did not exceed .003" (three thousandths of an inch). 5 Exhibit "C" line items #4 thru #8, however, are quantities of segregated Parts which have deviations exceeding .003", grouped as +/-.005 and +/-.010 and .010+, respectively. 6 Subsequent to Exhibit "C's" inspection, sixty-four (64) Parts had been sold from the presumed acceptable (line items #1 thru #3). 7. Subsequent to Exhibit "C's" inspection, one hundred thirty-seven (137) Parts were inspected by a certified facility, represented by the Fifth Amended Complaint's EXHIBIT "I", taken from the remaining batch of Exhibit "C's" line items #1 thru #3 believed to be acceptable, wherein they were discovered to all be "skewed", as were all other rockers still remaining. 8. During the considerable moving and sorting and inspecting, a box of seventy (70) post inspection rockers were misplaced and/or lost, believed to have been left with the contracted inspector, LIGI TOOL & ENGINEERING (Exhibit "I"), for which a good faith search has since been done without result; believed to have been inadvertently discarded as junk. 9 Plaintiff cannot account for their loss of possession, but Plaintiff can and does attest to their existence as reflected in Exhibits "A" and "C"; further, these Parts were NOT used in any redeemable way; and their loss of possession, accidental or not, is the direct or proximate result of prosecuting this action; for which said Parts were inspected, were accounted for as part of the non-conforming Parts tested as shown in Exhibit "I", all skewed axis’ of NO usable value. 10. Therefore, I, as Plaintiff, suffered damages of at least $30.00 each as a result of the damages sustained for these and all other Parts which HMI incompetently machined for me. James Miller vs. Henderson Machine, Broward County, FL. Affidavit Of Damages, 180207 i. Plaintiff has provided all remaining six hundred sixty (660) Parts to Defense, pursuant to their Second Request for Production; all of which I have verified as junk. 12. Accordingly, my total loss of usable Parts as a result of HMIs breach of contract, as alleged in the Fifth Amended Complaint is seven hundred thirty (730), at a minimum fair market value of thirty dollars ($30.00) each; which has been supported by evidence in discovery. 13. My total damages are $21,900.00 (Twenty-One Thousand Nine Hundred Dollars), plus all costs and fees associated with my prosecuting this action. 14. I have first person knowledge of the facts as stated herein for which | give sworn testimony to be true and correct. o> FURTHER AFFIANT SAYETH NAUGHT. es Miller, Pro Se SWORN TO AND SUBSCRIBED before me this / day of February, 2018, by James M. Miller, who presented identification and did so take an oath. My Commission Expires: ( Jan 50, tou NOTARY PUBLIC JESSICA ATACUR! Notary Public - State of Florida Commission # GG 067676 My Comm. Expires Jan 39,2021 ped Or printed name. James Miller vs. Henderson Machine, Broward County, FL