Preview
Filing # 81186174 E-Filed 11/26/2018 01:08:38 PM
IN THE CIRCUIT COURT OF THE 11"
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2018-032555-CA-01
JUTA BOIANGIN, an individual,
Plaintiff,
v.
BLUE JAY TRUCKING, INC.,
a Florida for profit corporation, and
IMPACT LOGISTICS SERVICES, LLC,
a New Jersey limited liability company,
Defendants.
/
DEFENDANT, BLUE JAY TRUCKING, INC.’S, MOTION TO DISMISS
COMES NOW Defendant, BLUE JAY TRUCKING, INC., by and through its undersigned
counsel, hereby moves this Honorable Court to Dismiss Plaintiff's Complaint pursuant to Florida
Rules of Civil Procedure 1.140(b)(6), and as grounds therefore states as follows:
1. This matter stems from an automobile accident, when on February 19, 2018, at 6:15
a.m., the eighty-eight (88) year-old Plaintiff struck a stationary trailer parked on the opposite side
of the road from her lane and direction of travel.
2. The trailer in question is owned by Defendant Impact Logistics Services, LLC.
Defendant, Blue Jay Trucking, Inc., has never owned, leased or operated the trailer, Furthermore.
Blue Jay has never had any business relationship with Impact Logistics and has never used the
trailer for any reason,
3. Blue Jay Trucking, Inc., is a trucking business located a little more than a block
away from the accident site, in an area near the airport populated by many trucking and shipping
businesses. After being alerted to the accident, and simply in an attempt to be helpful, Blue Jay
ACTIVE\79162795.v1-1 1/26/18CASE NO: 2018-032555-CA-01
moved both the Plaintiff's vehicle and the trailer out of the swale area. Although not plead in the
Complaint, this is the only indication Plaintiff is relying on to (improperly) link Blue Jay to the
trailer.
4, Plaintiff has sued Blue Jay alleging that “upon information and belief Defendant
Blue Jay Trucking, Inc. was leasing the trailer from Defendant Impact Logistics Services, LLC.”
See Complaint attached hereto as Exhibit “A” at § 7. Plaintiff further alleges that Defendant Blue
was the “owner and/or operator of the Trailer.” See Exhibit “A” at 15.
5. Again, Blue Jay never leased, owned, or operated the subject trailer, and Plaintiff’s
conclusory opinion allegations in this regard are false.
6. The Supreme Court has held that in order for a complaint to be legally sufficient,
Plaintiffs must plead ultimate facts to support each element of the cause of action. See Eastern
Airlines y. King, 557 So. 2d 574 (Fla. 1990). Florida is a “fact-pleading” jurisdiction, which
requires pleading facts sufficient to support each cause of action alleged. See Continental Baking
Co. v. Vincent, 634 So. 2d 242 (Fla. 5th DCA 1994) (court noted that Florida's pleading
requirements are more demanding than federal notice pleading requirements). In practice, this
means pleading facts that show each element of a cause of action. It insufficient to allege legal
conclusions or opinions that the pleader is entitled to relief.
7. Indeed, Plaintiff has been advised that Blue Jay had no relationship to the trailer,
yet Plaintiff attempts to subject Blue Jay to costly and unnecessary litigation and discovery.
Candidly, Plaintiff knows who owns the trailer (Impact Logistics), and should take discovery from
Impact Logistics before improperly dragging Blue Jay into this litigation.
8. Nevertheless, Plaintiff's claim against Blue Jay must be dismissed as Plaintiff's
Complaint does not plead with specificity any ultimate facts which show that Blue Jay leased,
ACTIVE\79162795.v1-1 1/26/18CASE NO: 2018-032555-CA-01
owned, or operated the trailer in question. Plaintiffs allegation “upon information and belief” is
not sufficient to state a cause of action and the Complaint must be dismissed or Plaintiff should be
required to provide more definite and specific allegations.
9. Other grounds to be argued ore tenus.
WHEREFORE, Defendant, BLUE JAY TRUCKING, INC., respectfully requests that this
Court enter an order dismissing Plaintiffs Complaint, and awarding BLUE JAY TRUCKING,
INC. all fees and costs so awardable, and for any additional relief that this Court deems equitable,
just, and proper.
FOX ROTHSCHILD LLP
Attorneys for Blue Jay Trucking, Inc.
2 South Biscayne Boulevard
One Biscayne Tower, Suite 2750
Miami, FL 33131
Telephone: (305) 442-6540
Facsimile: (305) 442-6541
By: /s/ Aaron H. Epstein
MICHAEL A. SASTRE
Florida Bar No. 0070335
msastre@foxrothschild.com (primary)
krodriguez@foxrothschild.com (secondary)
AARON H. EPSTEIN
Florida Bar No. 0048051
aepstein@foxrothschild.com (primary)
krodriguez@foxrothschild.com (secondary)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served utilizing
the Court’s e-filing portal and e-service in accordance with Fla. R. Jud. Admin. 2.516 on this 26TH
ACTIVE\79162795.v1-1 1/26/18CASE NO: 2018-032555-CA-01
day of day of November, 2018 to: RYAN M. CLANCY, ESQ., Ainsworth + Clancy, PLLC,
Counsel for Plaintiff, 1111 Brickell Avenue, Suite 1100, Miami, FL 33131.
By: /s/Aaron H. Epstein
AARON H. EPSTEIN
ACTIVE\79162795.v1-1 1/26/1848.03 PM
Filing ¢ 78418743 E-Filed 09/2
SCIRCTIT COURT OF THE
IT
f IWTE
ELEVENTH SL MCLAL CL
IN AND) FOR
MIAMI DADE ¢
JUNTY, FLORIDA
JUTA BOY
an indivi
ANTS,
ual
Plaintitt,
BLUE JAY TRUC
it ida for p
IMPAG LOUISTH
a New Jersey limited Ii
Deferdants,
é
C ELAINE
COMES NOW, Plandff, JOTA BOLANGIN ('Pisintiff) by ami shee:
csunsel suas Wefendants, BLUE JAY TRUCKING iN and IMPAC LOGISTICS
SERVIC
my cundersig aed
ir
SLC Deftncans’) and in support thereef sates es Collis:
JURISDICTION, VENT. ANT PARTIES
ais Honorable
1. This is au action fr damages ip ex ictional Urcits of
Court seeking over fifizen-ibousaridl 3,000) ia daswages and othee celic£
exclusive of interest, ecsts, and attorneys fees.
2. Venue is praper i
2, Plait i
instant lawsuil,
4. Defendant, BLUE JAY TRUCKING, INC., is a Floric
§ Oelendum, IMPAC LOGISTICS SERVICIS, LLC. is ¢ New Jersey lh
liabilily cotrpany, that, on ingaxmation amd belie, conshices substactial and not
ad business within Fioricla.
EXHIBIT Aon
Lh
LL
. Pleintiff unable to see Defendants trailer cue ta poor
. Plaintitf hereby reincons
. Defendant, BLUE SAY TRUC
Upen tuforniat ior. 4. ehef Qelendart, IMPAC LOGISTICS SERVICES, LLC.
A VEN 1B OWS22 EE 12197
jon and belie? Defendant, SLUF JAY TRUCKING,
W LLC,
aller
rrerns
Upen inform ING, wus
e the Trailer hom Defendaet, IMPAC LOGISTICS SERVIC
All sre-requisiies to suit hire ed or waived.
REBEVANT FACES
Plaintiff wes driving nesthhound on NW Fis Ave on or argend 6:15 AM on Lhe
monning of Pehruary 19, 2028,
roadway to stop on the side of tre road in
Plaiat ssequenthy pelled off af Ce
font of z building.
Defendant’s parked Trailer on aforementioned side of the road, in Front of the
fui.
Te
danger posed.
ing, stuck Defendant's
parkedéstationary tailer.
COUNF 1. SEGLIGENCE ~ AGAINST
ALUE JAY TRUCKING, INC
by refére-ve paragraph:
{drag if ser outin full.
is a Flusica DOT Jicensed company
to the lews, culgs,
sthoratoce aubje
and operates Trailet on Ile
Ordinances See. 33.
and regulations under Miami-Dade County, |"
S. As the owoer ardéor operator of the Trailer, Defendant by and througa ks
de by one or move of the
(, Flevida Code of Ordinances Sec.
ein fron. of
een shall anly be
g or urioading of
g ga commercial se
premises or for the the driver tina make a bemperary
se sop al Ul However, a tomeorery or
convenience step sha.. be limited |: no uiore than one hour in any
24-hour periad.
permitted for the
or persons ar é
sonSLICE SPRVICES, LLC,
6, Usen isformetian
owns tra 217 Treiber’).
imation aad belie? Befendan, BLUE JAY TAUCAING, INC. was
fam, IMPAC LOGISTIC
8. AU preerecuisites to cuit haw a perronmed ar waived.
RELEVANT FACTS
2 northburnd on WW 938 Ave on ex around 4:15 AM cn the
* OU
isasing t cirom Eston
my 18, 2018.
1g > ol the roadway
. Refendens's pai
bu
Trailer did
danzer posed.
&
Preview
Filing # 81186174 E-Filed 11/26/2018 01:08:38 PM IN THE CIRCUIT COURT OF THE 11" JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2018-032555-CA-01 JUTA BOIANGIN, an individual, Plaintiff, v. BLUE JAY TRUCKING, INC., a Florida for profit corporation, and IMPACT LOGISTICS SERVICES, LLC, a New Jersey limited liability company, Defendants. / DEFENDANT, BLUE JAY TRUCKING, INC.’S, MOTION TO DISMISS COMES NOW Defendant, BLUE JAY TRUCKING, INC., by and through its undersigned counsel, hereby moves this Honorable Court to Dismiss Plaintiff's Complaint pursuant to Florida Rules of Civil Procedure 1.140(b)(6), and as grounds therefore states as follows: 1. This matter stems from an automobile accident, when on February 19, 2018, at 6:15 a.m., the eighty-eight (88) year-old Plaintiff struck a stationary trailer parked on the opposite side of the road from her lane and direction of travel. 2. The trailer in question is owned by Defendant Impact Logistics Services, LLC. Defendant, Blue Jay Trucking, Inc., has never owned, leased or operated the trailer, Furthermore. Blue Jay has never had any business relationship with Impact Logistics and has never used the trailer for any reason, 3. Blue Jay Trucking, Inc., is a trucking business located a little more than a block away from the accident site, in an area near the airport populated by many trucking and shipping businesses. After being alerted to the accident, and simply in an attempt to be helpful, Blue Jay ACTIVE\79162795.v1-1 1/26/18CASE NO: 2018-032555-CA-01 moved both the Plaintiff's vehicle and the trailer out of the swale area. Although not plead in the Complaint, this is the only indication Plaintiff is relying on to (improperly) link Blue Jay to the trailer. 4, Plaintiff has sued Blue Jay alleging that “upon information and belief Defendant Blue Jay Trucking, Inc. was leasing the trailer from Defendant Impact Logistics Services, LLC.” See Complaint attached hereto as Exhibit “A” at § 7. Plaintiff further alleges that Defendant Blue was the “owner and/or operator of the Trailer.” See Exhibit “A” at 15. 5. Again, Blue Jay never leased, owned, or operated the subject trailer, and Plaintiff’s conclusory opinion allegations in this regard are false. 6. The Supreme Court has held that in order for a complaint to be legally sufficient, Plaintiffs must plead ultimate facts to support each element of the cause of action. See Eastern Airlines y. King, 557 So. 2d 574 (Fla. 1990). Florida is a “fact-pleading” jurisdiction, which requires pleading facts sufficient to support each cause of action alleged. See Continental Baking Co. v. Vincent, 634 So. 2d 242 (Fla. 5th DCA 1994) (court noted that Florida's pleading requirements are more demanding than federal notice pleading requirements). In practice, this means pleading facts that show each element of a cause of action. It insufficient to allege legal conclusions or opinions that the pleader is entitled to relief. 7. Indeed, Plaintiff has been advised that Blue Jay had no relationship to the trailer, yet Plaintiff attempts to subject Blue Jay to costly and unnecessary litigation and discovery. Candidly, Plaintiff knows who owns the trailer (Impact Logistics), and should take discovery from Impact Logistics before improperly dragging Blue Jay into this litigation. 8. Nevertheless, Plaintiff's claim against Blue Jay must be dismissed as Plaintiff's Complaint does not plead with specificity any ultimate facts which show that Blue Jay leased, ACTIVE\79162795.v1-1 1/26/18CASE NO: 2018-032555-CA-01 owned, or operated the trailer in question. Plaintiffs allegation “upon information and belief” is not sufficient to state a cause of action and the Complaint must be dismissed or Plaintiff should be required to provide more definite and specific allegations. 9. Other grounds to be argued ore tenus. WHEREFORE, Defendant, BLUE JAY TRUCKING, INC., respectfully requests that this Court enter an order dismissing Plaintiffs Complaint, and awarding BLUE JAY TRUCKING, INC. all fees and costs so awardable, and for any additional relief that this Court deems equitable, just, and proper. FOX ROTHSCHILD LLP Attorneys for Blue Jay Trucking, Inc. 2 South Biscayne Boulevard One Biscayne Tower, Suite 2750 Miami, FL 33131 Telephone: (305) 442-6540 Facsimile: (305) 442-6541 By: /s/ Aaron H. Epstein MICHAEL A. SASTRE Florida Bar No. 0070335 msastre@foxrothschild.com (primary) krodriguez@foxrothschild.com (secondary) AARON H. EPSTEIN Florida Bar No. 0048051 aepstein@foxrothschild.com (primary) krodriguez@foxrothschild.com (secondary) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served utilizing the Court’s e-filing portal and e-service in accordance with Fla. R. Jud. Admin. 2.516 on this 26TH ACTIVE\79162795.v1-1 1/26/18CASE NO: 2018-032555-CA-01 day of day of November, 2018 to: RYAN M. CLANCY, ESQ., Ainsworth + Clancy, PLLC, Counsel for Plaintiff, 1111 Brickell Avenue, Suite 1100, Miami, FL 33131. By: /s/Aaron H. Epstein AARON H. EPSTEIN ACTIVE\79162795.v1-1 1/26/1848.03 PM Filing ¢ 78418743 E-Filed 09/2 SCIRCTIT COURT OF THE IT f IWTE ELEVENTH SL MCLAL CL IN AND) FOR MIAMI DADE ¢ JUNTY, FLORIDA JUTA BOY an indivi ANTS, ual Plaintitt, BLUE JAY TRUC it ida for p IMPAG LOUISTH a New Jersey limited Ii Deferdants, é C ELAINE COMES NOW, Plandff, JOTA BOLANGIN ('Pisintiff) by ami shee: csunsel suas Wefendants, BLUE JAY TRUCKING iN and IMPAC LOGISTICS SERVIC my cundersig aed ir SLC Deftncans’) and in support thereef sates es Collis: JURISDICTION, VENT. ANT PARTIES ais Honorable 1. This is au action fr damages ip ex ictional Urcits of Court seeking over fifizen-ibousaridl 3,000) ia daswages and othee celic£ exclusive of interest, ecsts, and attorneys fees. 2. Venue is praper i 2, Plait i instant lawsuil, 4. Defendant, BLUE JAY TRUCKING, INC., is a Floric § Oelendum, IMPAC LOGISTICS SERVICIS, LLC. is ¢ New Jersey lh liabilily cotrpany, that, on ingaxmation amd belie, conshices substactial and not ad business within Fioricla. EXHIBIT Aon Lh LL . Pleintiff unable to see Defendants trailer cue ta poor . Plaintitf hereby reincons . Defendant, BLUE SAY TRUC Upen tuforniat ior. 4. ehef Qelendart, IMPAC LOGISTICS SERVICES, LLC. A VEN 1B OWS22 EE 12197 jon and belie? Defendant, SLUF JAY TRUCKING, W LLC, aller rrerns Upen inform ING, wus e the Trailer hom Defendaet, IMPAC LOGISTICS SERVIC All sre-requisiies to suit hire ed or waived. REBEVANT FACES Plaintiff wes driving nesthhound on NW Fis Ave on or argend 6:15 AM on Lhe monning of Pehruary 19, 2028, roadway to stop on the side of tre road in Plaiat ssequenthy pelled off af Ce font of z building. Defendant’s parked Trailer on aforementioned side of the road, in Front of the fui. Te danger posed. ing, stuck Defendant's parkedéstationary tailer. COUNF 1. SEGLIGENCE ~ AGAINST ALUE JAY TRUCKING, INC by refére-ve paragraph: {drag if ser outin full. is a Flusica DOT Jicensed company to the lews, culgs, sthoratoce aubje and operates Trailet on Ile Ordinances See. 33. and regulations under Miami-Dade County, |" S. As the owoer ardéor operator of the Trailer, Defendant by and througa ks de by one or move of the (, Flevida Code of Ordinances Sec. ein fron. of een shall anly be g or urioading of g ga commercial se premises or for the the driver tina make a bemperary se sop al Ul However, a tomeorery or convenience step sha.. be limited |: no uiore than one hour in any 24-hour periad. permitted for the or persons ar é sonSLICE SPRVICES, LLC, 6, Usen isformetian owns tra 217 Treiber’). imation aad belie? Befendan, BLUE JAY TAUCAING, INC. was fam, IMPAC LOGISTIC 8. AU preerecuisites to cuit haw a perronmed ar waived. RELEVANT FACTS 2 northburnd on WW 938 Ave on ex around 4:15 AM cn the * OU isasing t cirom Eston my 18, 2018. 1g > ol the roadway . Refendens's pai bu Trailer did danzer posed. &