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Filing # 32412818 E-Filed 09/23/2015 04:28:25 PM
IN THE CIRCUIT COURT OF THE
17" JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY FLORIDA
CASE NO.: CACE-14-001087(04)
PLANET T UNIFORMS, INC.,
Plaintiff,
Vv.
FLORIDA CHARTER FOUNDATION, INC.
D/B/A FRANKLIN ACADEMY CHARTER
SCHOOL, DISCOVERY SCHOOLS, _INC.,
iUNIFORMS, INC., RICHARD SHELLOW, JON
THOMAS ROGERS, AND SCOTT SZNITKEN,
Defendants.
PLAINTIFF’S, PLANET T UNIFORMS, INC., MOTION FOR EXTENSION TO
RESPOND TO DEFENDANT'S, FLORIDA CHARTER FOUNDATION, INC. D/B/A.
FRANKLIN ACADEMY CHARTER SCHOOL, REQUEST FOR PRODUCTION AND
MOTION FOR CONFIDENTIALITY ORDER TO BE ENTERED
COMES NOW Plaintiff, PLANET T UNIFORMS, INC. (“PLANET T”) by and through
the undersigned law firm, and file this Motion for an Extension to Respond to Defendant,
FLORIDA CHARTER FOUNDATION, INC. D/B/A FRANKLIN ACADEMY CHARTER
SCHOOL (“FRANKLIN”) and Motion for Confidentiality Order to be Entered, and in support of
this motion would state:
1, On or about August 12, 2015, FRANKLIN propounded Request for Production to
PLANET T.
2. On or about September 11, 2015, the undersigned requested an extension to
Respond to FRANKLIN’s Request for Production.
3. FRANKLIN’s counsel subsequently agreed to the extension request.
Page | of 4
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/23/2015 4:28:25 PM.****4.
PLANET T also requested for a Confidentiality Order for all documents
responsive to FRANKLIN’s Request for Production, as most of the documents responsive to the
Request for Production are confidential-business and trade-secret information.
5.
FRANKLIN agreed to enter into the Confidentiality Order; however, FRANKLIN
will not agree to the proposed language by PLANET T.
6.
7.
PLANET T proposes using for following language:
Any and all documents responsive to FRANKLIN’s Request for Production to
Plaintiff are protected by this Order. This responsive information is to be kept
confidential and shall not be disclosed, disseminated or distributed, and/or used
except to prepare for, or during, a trial, court hearing, deposition, witness interview or
settlement negotiation in this litigation. The only individuals other than court
reporters and courtroom personnel participating in this litigation who may become
privy to this information are lawyers specifically working on this litigation,
paralegals and secretaries working on this litigation, witnesses, potential witnesses,
and expert witnesses retained for this litigation. All personnel who receive this
information are bound by this Order and will take all necessary steps to both prevent
disclosure of this information and limit access to this information. Expert Witnesses
receiving access to information must agree to be bound by this Order prior to
receiving access to this information. A breach of this Order does not render the Order
void, allow for further breaches, or allow for the disclosure of information disclosed
in breach of this Order. This Order and the obligation to keep this information
confidential survives and persists ad infinitum even when the above captioned case is
closed, regardless of how the case is closed, Information shall be destroyed within
thirty five days of settlement, dismissal, verdict or final judgment. If a party files an
appeal, information shall be destroyed within thirty five days of the entrance of the
mandate, unless the appeal results in continued litigation.
FRANKLIN objected to the language requiring witnesses and third parties to
agree to be bound by the Confidentiality Order. Specifically, FRANKLIN would like the
Confidentiality Order language to read as follows:
Any and all documents responsive to FRANKLIN’s Request for Production to
Plaintiff are protected by this Order. This responsive information is to be kept
confidential and shall not be disclosed, disseminated or distributed, and/or used
except to prepare for, or during, a trial, court hearing, deposition, witness interview or
settlement negotiation in this litigation. The only individuals other than court
reporters and courtroom personnel participating in this litigation who may become
privy to this information are lawyers specifically working on this litigation,
Page 2 of 4paralegals and secretaries working on this litigation, witnesses, potential witnesses,
and expert witnesses retained for this litigation. All personnel who receive this
information are bound by this Order and will take all reasonably necessary steps to
both prevent disclosure of this information and limit access to this information.
Expert Witnesses receiving access to information must be shown a copy of agree-to
be-boundby-this Order prior to receiving access to this information. Witnesses or
potential witnesses receiving access to this information must be shown a copy of
this Order prior to receiving access to this information. A breach of this Order
does not render the Order void, allow for further breaches, or allow for the disclosure
of information disclosed in breach of this Order. This Order and the obligation to
keep this information confidential survives and persists ad infinitum even when the
above captioned case is closed, regardless of how the case is closed. Information
shall be destroyed if reasonably possible within thirty five days of settlement,
dismissal, verdict or final judgment. If a party files an appeal, information shall be
destroyed if reasonably possible within thirty five days of the entrance of the
mandate, unless the appeal results in continued litigation.
8. It would defeat the purpose of the Confidentiality Order if FRANKLIN could
divulge the confidential information to third party witnesses and the third party witnesses were
not bound by the Confidentiality Order and able to disclose the confidential information to third
parties.
9. PLANET T agreed to respond to the Request for Production by September 25,
2015. However, due to the failure of the parties to agree on the language of the Confidentiality
Order, PLANET T cannot respond to FRANKLIN’s Request for Production on such date.
10. Accordingly, PLANET T requests an additional extension of time to respond to
FRANKLIN’s Request for Production, and for a Confidentiality Order to be entered for the
above stated reasons.
WHEREFORE, Plaintiff, PLANET T UNIFORMS, INC., respectfully requests this
Honorable Court grant its Motion for an extension to respond to FRANKLIN’s Request for
Production and enter a Confidentiality Order for all responsive documents to FRANKLIN’s
Request for Production, and any further relief this Court deems just and proper.
Page 3 of 4CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished e-
service through the Florida Courts E-Filing Portal to the Service List below on September 23,
2015.
SERVICE LIST
Christopher M. David, Esq.
Fuerst Ittleman David & Joseph, PL
1001 Brickell Bay Drive, 32"° Floor
Miami, Florida 33131
FLORIDA LITIGATION LAW FIRM
David Di Pietro Law P.A.
Tower 101
101 NE 3™ Avenue, Suite 1410
Fort Lauderdale, FL 33301
Telephone: (954) 712-3070
Facsimile: (954) 337-3824
/s/ Ashley T. Steffen
DAVID DI PIETRO, ESQ.
Florida Bar No.: 10370
david@floridalitigationlawfirm.com
ASHLEY T. STEFFEN, ESQ.
Florida Bar No.: 111238
ashley @floridalitigationlawfirm.com
Emails: cdavid@fuerstlaw.com; tdavid@fuerstlaw.com;
And jconcepcion@fuerstlaw.com
Page 4 of 4
Preview
Filing # 32412818 E-Filed 09/23/2015 04:28:25 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY FLORIDA CASE NO.: CACE-14-001087(04) PLANET T UNIFORMS, INC., Plaintiff, Vv. FLORIDA CHARTER FOUNDATION, INC. D/B/A FRANKLIN ACADEMY CHARTER SCHOOL, DISCOVERY SCHOOLS, _INC., iUNIFORMS, INC., RICHARD SHELLOW, JON THOMAS ROGERS, AND SCOTT SZNITKEN, Defendants. PLAINTIFF’S, PLANET T UNIFORMS, INC., MOTION FOR EXTENSION TO RESPOND TO DEFENDANT'S, FLORIDA CHARTER FOUNDATION, INC. D/B/A. FRANKLIN ACADEMY CHARTER SCHOOL, REQUEST FOR PRODUCTION AND MOTION FOR CONFIDENTIALITY ORDER TO BE ENTERED COMES NOW Plaintiff, PLANET T UNIFORMS, INC. (“PLANET T”) by and through the undersigned law firm, and file this Motion for an Extension to Respond to Defendant, FLORIDA CHARTER FOUNDATION, INC. D/B/A FRANKLIN ACADEMY CHARTER SCHOOL (“FRANKLIN”) and Motion for Confidentiality Order to be Entered, and in support of this motion would state: 1, On or about August 12, 2015, FRANKLIN propounded Request for Production to PLANET T. 2. On or about September 11, 2015, the undersigned requested an extension to Respond to FRANKLIN’s Request for Production. 3. FRANKLIN’s counsel subsequently agreed to the extension request. Page | of 4 *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/23/2015 4:28:25 PM.****4. PLANET T also requested for a Confidentiality Order for all documents responsive to FRANKLIN’s Request for Production, as most of the documents responsive to the Request for Production are confidential-business and trade-secret information. 5. FRANKLIN agreed to enter into the Confidentiality Order; however, FRANKLIN will not agree to the proposed language by PLANET T. 6. 7. PLANET T proposes using for following language: Any and all documents responsive to FRANKLIN’s Request for Production to Plaintiff are protected by this Order. This responsive information is to be kept confidential and shall not be disclosed, disseminated or distributed, and/or used except to prepare for, or during, a trial, court hearing, deposition, witness interview or settlement negotiation in this litigation. The only individuals other than court reporters and courtroom personnel participating in this litigation who may become privy to this information are lawyers specifically working on this litigation, paralegals and secretaries working on this litigation, witnesses, potential witnesses, and expert witnesses retained for this litigation. All personnel who receive this information are bound by this Order and will take all necessary steps to both prevent disclosure of this information and limit access to this information. Expert Witnesses receiving access to information must agree to be bound by this Order prior to receiving access to this information. A breach of this Order does not render the Order void, allow for further breaches, or allow for the disclosure of information disclosed in breach of this Order. This Order and the obligation to keep this information confidential survives and persists ad infinitum even when the above captioned case is closed, regardless of how the case is closed, Information shall be destroyed within thirty five days of settlement, dismissal, verdict or final judgment. If a party files an appeal, information shall be destroyed within thirty five days of the entrance of the mandate, unless the appeal results in continued litigation. FRANKLIN objected to the language requiring witnesses and third parties to agree to be bound by the Confidentiality Order. Specifically, FRANKLIN would like the Confidentiality Order language to read as follows: Any and all documents responsive to FRANKLIN’s Request for Production to Plaintiff are protected by this Order. This responsive information is to be kept confidential and shall not be disclosed, disseminated or distributed, and/or used except to prepare for, or during, a trial, court hearing, deposition, witness interview or settlement negotiation in this litigation. The only individuals other than court reporters and courtroom personnel participating in this litigation who may become privy to this information are lawyers specifically working on this litigation, Page 2 of 4paralegals and secretaries working on this litigation, witnesses, potential witnesses, and expert witnesses retained for this litigation. All personnel who receive this information are bound by this Order and will take all reasonably necessary steps to both prevent disclosure of this information and limit access to this information. Expert Witnesses receiving access to information must be shown a copy of agree-to be-boundby-this Order prior to receiving access to this information. Witnesses or potential witnesses receiving access to this information must be shown a copy of this Order prior to receiving access to this information. A breach of this Order does not render the Order void, allow for further breaches, or allow for the disclosure of information disclosed in breach of this Order. This Order and the obligation to keep this information confidential survives and persists ad infinitum even when the above captioned case is closed, regardless of how the case is closed. Information shall be destroyed if reasonably possible within thirty five days of settlement, dismissal, verdict or final judgment. If a party files an appeal, information shall be destroyed if reasonably possible within thirty five days of the entrance of the mandate, unless the appeal results in continued litigation. 8. It would defeat the purpose of the Confidentiality Order if FRANKLIN could divulge the confidential information to third party witnesses and the third party witnesses were not bound by the Confidentiality Order and able to disclose the confidential information to third parties. 9. PLANET T agreed to respond to the Request for Production by September 25, 2015. However, due to the failure of the parties to agree on the language of the Confidentiality Order, PLANET T cannot respond to FRANKLIN’s Request for Production on such date. 10. Accordingly, PLANET T requests an additional extension of time to respond to FRANKLIN’s Request for Production, and for a Confidentiality Order to be entered for the above stated reasons. WHEREFORE, Plaintiff, PLANET T UNIFORMS, INC., respectfully requests this Honorable Court grant its Motion for an extension to respond to FRANKLIN’s Request for Production and enter a Confidentiality Order for all responsive documents to FRANKLIN’s Request for Production, and any further relief this Court deems just and proper. Page 3 of 4CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished e- service through the Florida Courts E-Filing Portal to the Service List below on September 23, 2015. SERVICE LIST Christopher M. David, Esq. Fuerst Ittleman David & Joseph, PL 1001 Brickell Bay Drive, 32"° Floor Miami, Florida 33131 FLORIDA LITIGATION LAW FIRM David Di Pietro Law P.A. Tower 101 101 NE 3™ Avenue, Suite 1410 Fort Lauderdale, FL 33301 Telephone: (954) 712-3070 Facsimile: (954) 337-3824 /s/ Ashley T. Steffen DAVID DI PIETRO, ESQ. Florida Bar No.: 10370 david@floridalitigationlawfirm.com ASHLEY T. STEFFEN, ESQ. Florida Bar No.: 111238 ashley @floridalitigationlawfirm.com Emails: cdavid@fuerstlaw.com; tdavid@fuerstlaw.com; And jconcepcion@fuerstlaw.com Page 4 of 4