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*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 4/19/2013 5:04:26 PM.****
Electronically Filed 04/19/2013 05:07:48 PM ET
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 062012CA019330AXXXE
MARY JOHNSTON,
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant. /
DEFENDANT'S MOTION TO EXTEND PRE-TRIAL DEADLINES
Defendant, VLN DEVELOPMENT, LLC, by and through its undersigned counsel and
pursuant to the applicable rules of Florida Rules of Civil Procedure, hereby files this Motion to
Extend the Court’s Pre-Trial Deadlines and as grounds thereof states as follows:
1. This matter stems from an alleged slip and fall incident that occurred on or about
April 6, 2011.
2. Plaintiff's Complaint was filed on or about July, 2012.
3. Upon service of process, Defendant’s Answer and Affirmative Defenses to the
Complaint was timely filed on or about July 23, 2012.
4, This matter is being expedited due to Plaintiffs age, 97 years old, and this case is
currently set for trial on this Honorable Court’s two-week jury trial docket commencing, June 10,
2013.
5. Pursuant to the Trial Order, the cut-off date for medical examinations was April
11, 2013 and the discovery cut-off date is April 26, 2013.
6. The parties have been working to have this matter ready for trial, however, the
Defendant needs additional time to complete discovery.
7. During a recent conversation between the attorneys for the parties in February
2013, Plaintiffs counsel informed the undersigned that Plaintiff was recently hospitalized and/orreceived medical treatment. Plaintiffs counsel was not clear as to whether the hospitalization or
medical treatment was related to the incident that is the subject of this lawsuit. Therefore, the
undersigned immediately propounded a Second Set of Interrogatories upon Plaintiff regarding
the Plaintiff's additional or continued medical treatment. Although Plaintiff's responses to the
discovery request were duc on or about March 11, 2013, Plaintiff served her responses to the
discovery requests on March 29, 2013.
8. In her responses to the Second Set of Interrogatories, Plaintiff listed at least three
additional medical providers, which were not previously disclosed in Plaintiff's responses to
Defendant’s Initial Interrogatories, or during Plaintiff's deposition that took place March 11,
2013. The undersigned has subpoenaed these additional medical providers seeking the
production of their medical records pertaining to Plaintiff and Defendant’s counsel currently
awaits the same.
9. The undersigned is not certain as to what information the medical records will
provide and hereby requests the opportunity to conduct additional discovery once the recently
subpoenaed records are received.
10. Furthermore, during Plaintiff's deposition, Plaintiff testified that she had not
recently visited any doctors for the injuries she claims were related to the subject incident and
that she did not have any immediate plans to see any additional doctors for the injuries. The
deposition testimony appears to be in direct contradiction with the Plaintiff's discovery responses
served approximately two weeks later.
11. Upon information and belief, counsel for Defendant is of the belief that Plaintiff
will change her testimony again as it relates to her current health condition, recent medical
treatment and further medical treatment to be sought. Therefore, Defendant seeks an extension
of the deadline cut-off for medical examinations in order to compel Plaintiff to undergo a
Compulsory Medical Examination.
12. Finally, the undersigned did not receive Plaintiff's Expert Disclosures until April
16, 2013, the date of Mediation in this matter.
13. Plaintiff listed her son, John Johnston, as her expert and his deposition is schedule
for April 25, 2013. Defendant seeks an extension the discovery cut-off in order to be able to
conduct additional discovery, if necessary, following Mr. Johnston’s deposition.
14. Based on the foregoing, Defendant seeks an extension of the discovery andmedical examination cut-offs set forth in the Trial Order up to May 15, 2013.
15. The foregoing Motion is made in good faith and not for the purpose of hindrance
or delay.
16. No party will be prejudiced by the granting of this Motion.
WHEREFORE, the Defendant, VLN, INC., prays this Honorable Court enter an Order
granting this Motion and extending the discovery and medical examinations cut-offs, and
granting any further relief that the Court deems proper and just under the circumstances.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via email this 19" day of April, 2013, to: Shyamie Dixit, Jr., Esquire, respectivly:
sdixit@dixitlaw.com; shyamiedixit@gmail.com; scampbell@dixitlaw.com.
POWERS MCNALIS TORRES TEEBAGY LUONGO
P.O. Box 21289
West Palm Beach, FL 33416-1289
(561) 588-3000 Telephone
(561) 588-3705 Facsimile
Service Email: eservice@powersmenalis.com
Counsel for Defendant, VLN Development
Be acceso
fir Jamila V. Alexander, Esquire
Florida Bar No.: 587141
12470/345
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*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 4/19/2013 5:04:26 PM.**** Electronically Filed 04/19/2013 05:07:48 PM ET IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 062012CA019330AXXXE MARY JOHNSTON, Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant. / DEFENDANT'S MOTION TO EXTEND PRE-TRIAL DEADLINES Defendant, VLN DEVELOPMENT, LLC, by and through its undersigned counsel and pursuant to the applicable rules of Florida Rules of Civil Procedure, hereby files this Motion to Extend the Court’s Pre-Trial Deadlines and as grounds thereof states as follows: 1. This matter stems from an alleged slip and fall incident that occurred on or about April 6, 2011. 2. Plaintiff's Complaint was filed on or about July, 2012. 3. Upon service of process, Defendant’s Answer and Affirmative Defenses to the Complaint was timely filed on or about July 23, 2012. 4, This matter is being expedited due to Plaintiffs age, 97 years old, and this case is currently set for trial on this Honorable Court’s two-week jury trial docket commencing, June 10, 2013. 5. Pursuant to the Trial Order, the cut-off date for medical examinations was April 11, 2013 and the discovery cut-off date is April 26, 2013. 6. The parties have been working to have this matter ready for trial, however, the Defendant needs additional time to complete discovery. 7. During a recent conversation between the attorneys for the parties in February 2013, Plaintiffs counsel informed the undersigned that Plaintiff was recently hospitalized and/orreceived medical treatment. Plaintiffs counsel was not clear as to whether the hospitalization or medical treatment was related to the incident that is the subject of this lawsuit. Therefore, the undersigned immediately propounded a Second Set of Interrogatories upon Plaintiff regarding the Plaintiff's additional or continued medical treatment. Although Plaintiff's responses to the discovery request were duc on or about March 11, 2013, Plaintiff served her responses to the discovery requests on March 29, 2013. 8. In her responses to the Second Set of Interrogatories, Plaintiff listed at least three additional medical providers, which were not previously disclosed in Plaintiff's responses to Defendant’s Initial Interrogatories, or during Plaintiff's deposition that took place March 11, 2013. The undersigned has subpoenaed these additional medical providers seeking the production of their medical records pertaining to Plaintiff and Defendant’s counsel currently awaits the same. 9. The undersigned is not certain as to what information the medical records will provide and hereby requests the opportunity to conduct additional discovery once the recently subpoenaed records are received. 10. Furthermore, during Plaintiff's deposition, Plaintiff testified that she had not recently visited any doctors for the injuries she claims were related to the subject incident and that she did not have any immediate plans to see any additional doctors for the injuries. The deposition testimony appears to be in direct contradiction with the Plaintiff's discovery responses served approximately two weeks later. 11. Upon information and belief, counsel for Defendant is of the belief that Plaintiff will change her testimony again as it relates to her current health condition, recent medical treatment and further medical treatment to be sought. Therefore, Defendant seeks an extension of the deadline cut-off for medical examinations in order to compel Plaintiff to undergo a Compulsory Medical Examination. 12. Finally, the undersigned did not receive Plaintiff's Expert Disclosures until April 16, 2013, the date of Mediation in this matter. 13. Plaintiff listed her son, John Johnston, as her expert and his deposition is schedule for April 25, 2013. Defendant seeks an extension the discovery cut-off in order to be able to conduct additional discovery, if necessary, following Mr. Johnston’s deposition. 14. Based on the foregoing, Defendant seeks an extension of the discovery andmedical examination cut-offs set forth in the Trial Order up to May 15, 2013. 15. The foregoing Motion is made in good faith and not for the purpose of hindrance or delay. 16. No party will be prejudiced by the granting of this Motion. WHEREFORE, the Defendant, VLN, INC., prays this Honorable Court enter an Order granting this Motion and extending the discovery and medical examinations cut-offs, and granting any further relief that the Court deems proper and just under the circumstances. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via email this 19" day of April, 2013, to: Shyamie Dixit, Jr., Esquire, respectivly: sdixit@dixitlaw.com; shyamiedixit@gmail.com; scampbell@dixitlaw.com. POWERS MCNALIS TORRES TEEBAGY LUONGO P.O. Box 21289 West Palm Beach, FL 33416-1289 (561) 588-3000 Telephone (561) 588-3705 Facsimile Service Email: eservice@powersmenalis.com Counsel for Defendant, VLN Development Be acceso fir Jamila V. Alexander, Esquire Florida Bar No.: 587141 12470/345