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Filing # 55100272 E-Filed 04/14/2017 04:09:49 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CESAR IZAGUIRRE, Case No. CACE-15-022554
Plaintiff,
Vv.
SENTECH EAS CORP.,
Defendant.
f
DEFENDANT’S UNOPPOSED MOTION TO APPOINT COMMISSIONER
Defendant, SenTech EAS Corp., hereby moves to appoint a commissioner for the deposition
of non-party John Nemerofsky. In support thereof, Defendant states as follows:
1. Defendant seeks to take the deposition of non-party John Nemerofsky (hereinafter
“Nemerofsky”), regarding his knowledge of SenTech’s sales in connection with the “Stanley/Big
Lots deal” asserted in Plaintiff's Complaint at § 11 and 12.
2. | Nemerofsky is located in the State of Massachusetts, and therefore the deposition
needs to occur in Massachusetts.
3. Under Florida law, the formal process for securing out-of-state depositions requires
two steps: first, the issuance of a commissioner in the Florida Court, authorizing an officer in the
jurisdiction where the deposition is to be taken; and second, the issuance of a subpoena by the
appropriate court in the other state to require the deponent to appear and testify. Freedom
Newspapers, Inc. v. Egly, 507 So.2d 1180, 1183 (Fla. 2d DCA 1987) (citing Travelers Indemnity
Co. v. Hill, 388 So.2d 648 (Fla. 5th DCA 1980), overruled on other grounds by Bill Kasper Contr.
Co. v. Morrison, 93 So.3d 1061 (Fla. 5th DCA 2012) (“Under the Uniform Foreign Depositions
Law, whenever a litigant in one state desires to depose a witness residing in another state he must
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/14/2017 4:09:49 PM.****first secure the appointment of a commissioner by the court where the litigation originates. He
may then apply to the court having personal jurisdiction over the witness for the process necessary
to secure the attendance of the witness”).
4. Defendant requests that the following commissioner be appointed for the deposition
of John Nemerofsky: Discovery Litigation Services, Regus — Massachusetts — Dedham Place, 3
Allied Drive, Dedham, MA 02026, (781) 742-7200.
5. The undersigned counsel conferred with attorney for the Plaintiff, Michael A.
Pancier, Esq., who stated he does not oppose the instant motion.
WHEREFORE, Defendant requests the appointment of Discovery Litigation Services as
Commissioner for the deposition of John Nemerofsky,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was served on April 14, 2017, by
email to Michael A. Pancier, Esq., counsel for Plaintiff, at mpancier@pancierlaw.com, Law
Offices of Michael A. Pancier, 9000 Sheridan Street, Suite 93, Pembroke Pines, Florida 33024.
Respectfully submitted,
Mavrick Law Firm
Attorneys for Defendant
SenTech EAS Corporation
1620 West Oakland Park Boulevard, Suite 300
Fort Lauderdale, Florida 33311
Telephone: (954) 564-2246
Peter T. Mavrick, Esq.
E-mail: peter(@mavricklaw.com
Cody M. McCaughan, Esq.
E-mail: cmecaughan@mavricklaw.com
BY: /s/Peter T. Mavrick
Peter T. Mavrick
Florida Bar No.: 0083739
Cody M. McCaughan
Florida Bar No.: 0123607
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Filing # 55100272 E-Filed 04/14/2017 04:09:49 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CESAR IZAGUIRRE, Case No. CACE-15-022554 Plaintiff, Vv. SENTECH EAS CORP., Defendant. f DEFENDANT’S UNOPPOSED MOTION TO APPOINT COMMISSIONER Defendant, SenTech EAS Corp., hereby moves to appoint a commissioner for the deposition of non-party John Nemerofsky. In support thereof, Defendant states as follows: 1. Defendant seeks to take the deposition of non-party John Nemerofsky (hereinafter “Nemerofsky”), regarding his knowledge of SenTech’s sales in connection with the “Stanley/Big Lots deal” asserted in Plaintiff's Complaint at § 11 and 12. 2. | Nemerofsky is located in the State of Massachusetts, and therefore the deposition needs to occur in Massachusetts. 3. Under Florida law, the formal process for securing out-of-state depositions requires two steps: first, the issuance of a commissioner in the Florida Court, authorizing an officer in the jurisdiction where the deposition is to be taken; and second, the issuance of a subpoena by the appropriate court in the other state to require the deponent to appear and testify. Freedom Newspapers, Inc. v. Egly, 507 So.2d 1180, 1183 (Fla. 2d DCA 1987) (citing Travelers Indemnity Co. v. Hill, 388 So.2d 648 (Fla. 5th DCA 1980), overruled on other grounds by Bill Kasper Contr. Co. v. Morrison, 93 So.3d 1061 (Fla. 5th DCA 2012) (“Under the Uniform Foreign Depositions Law, whenever a litigant in one state desires to depose a witness residing in another state he must *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/14/2017 4:09:49 PM.****first secure the appointment of a commissioner by the court where the litigation originates. He may then apply to the court having personal jurisdiction over the witness for the process necessary to secure the attendance of the witness”). 4. Defendant requests that the following commissioner be appointed for the deposition of John Nemerofsky: Discovery Litigation Services, Regus — Massachusetts — Dedham Place, 3 Allied Drive, Dedham, MA 02026, (781) 742-7200. 5. The undersigned counsel conferred with attorney for the Plaintiff, Michael A. Pancier, Esq., who stated he does not oppose the instant motion. WHEREFORE, Defendant requests the appointment of Discovery Litigation Services as Commissioner for the deposition of John Nemerofsky, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was served on April 14, 2017, by email to Michael A. Pancier, Esq., counsel for Plaintiff, at mpancier@pancierlaw.com, Law Offices of Michael A. Pancier, 9000 Sheridan Street, Suite 93, Pembroke Pines, Florida 33024. Respectfully submitted, Mavrick Law Firm Attorneys for Defendant SenTech EAS Corporation 1620 West Oakland Park Boulevard, Suite 300 Fort Lauderdale, Florida 33311 Telephone: (954) 564-2246 Peter T. Mavrick, Esq. E-mail: peter(@mavricklaw.com Cody M. McCaughan, Esq. E-mail: cmecaughan@mavricklaw.com BY: /s/Peter T. Mavrick Peter T. Mavrick Florida Bar No.: 0083739 Cody M. McCaughan Florida Bar No.: 0123607