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eFile Accepted: 08/06/2014 02:34 PM
Filing # 16782400 Electronically Filed 08/06/2014 01:17:52 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR SARASOTA COUNTY, FLORIDA
McCANN HOLDINGS, LTD.,
Plaintiff, CASE NO: 2011CA003897NC
Vv.
SDC COMMUNITIES, INC.,
VOTT-A, LLC, VOTT-B, LLC,
VOTT-C, LLC, VOTT-D, LLC,
HENRY RODRIGUEZ, and
RANDALL BENDERSON
Defendants.
/
MOTION TO AUTHORIZE IDENTIFICATION OF EXPERT WITNESSES
COME NOW, VOTT-A, LLC, VOTT-B, LLC, VOTT-C, LLC, and VOTT-D, LLC
(collectively “VOTT”), and RANDALL BENDERSON (“Benderson’) by and through their
undersigned attorneys, and moves this Court for an order permitting the identification of
expert witnesses, and as grounds thereof states as follows:
1. VOTT and Benderson recently filed their Motion For Separate Trial and now
anticipate a separate trial from SDC Communities, Inc. and Henry Rodriguez and the
expert witnesses expected to be called in that trial.
2. By virtue of the Court's Order of July 18, 2014 confirming the existence of a
legislative privilege and shielding the testimony of county officials and professionals, VOTT
and Benderson concluded that it is advisable to identify an expert witness for possible use
at trial.
3. No expert depositions have been schedule or taken in this matter and no prejudicewill be suffered by the granting of this Motion.
WHEREFORE, VOTT and Benderson respectfully request that this Court authorize
VOTT and Benderson to identify an expert witness by notice to the parties, and for such
other, further, and/or alternative relief as is just and proper under the circumstances.
/s/_ Edward Vogler Il
EDWARD VOGLER II
Vogler Ashton, PLLC
2411-A Manatee Avenue West
Bradenton, FL 34205
Email: edvogler@voglerashton.com
(941) 388-9400 x104
(941) 866-7648 Fax
Florida Bar No. 0380970
Attorneys for VOTT and Benderson
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished this
6th day of August, 2014, by Electronic Mail to: Steven D. Hutton, Esq., 240 S. Pineapple Avenue,
Suite 801, Sarasota, Florida 34236 sdh@huttonlawfirm.com; pdominko@huttonlawfirm.com, and
noreen@huttonlawfirm.com, S. William Moore, Esq., 3277 Fruitville Road, Unit E, Sarasota,
Florida 34237, bmoore@mbrfirm.com, and Morgan R. Bentley, Esq. 783 S. Orange Avenue, Suite
220, Sarasota, Florida 34236 mbentley@bentleyandbruning.com, nwhite@bentieyandbruning.com,
and handrews@bentleyandbruning.com.
__/s/ Edward Vogler Il
EDWARD VOGLER IT, ESQUIRE
Florida Bar No. 0380970
Vogler Ashton, PLLC
2411 — A Manatee Avenue West
Bradenton, Florida 34205
(941) 388-9400 x104
(941) 866-7648 Facsimile
Attorney For VOTT and Benderson
edvogler@voglerashton.com
Preview
eFile Accepted: 08/06/2014 02:34 PM Filing # 16782400 Electronically Filed 08/06/2014 01:17:52 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR SARASOTA COUNTY, FLORIDA McCANN HOLDINGS, LTD., Plaintiff, CASE NO: 2011CA003897NC Vv. SDC COMMUNITIES, INC., VOTT-A, LLC, VOTT-B, LLC, VOTT-C, LLC, VOTT-D, LLC, HENRY RODRIGUEZ, and RANDALL BENDERSON Defendants. / MOTION TO AUTHORIZE IDENTIFICATION OF EXPERT WITNESSES COME NOW, VOTT-A, LLC, VOTT-B, LLC, VOTT-C, LLC, and VOTT-D, LLC (collectively “VOTT”), and RANDALL BENDERSON (“Benderson’) by and through their undersigned attorneys, and moves this Court for an order permitting the identification of expert witnesses, and as grounds thereof states as follows: 1. VOTT and Benderson recently filed their Motion For Separate Trial and now anticipate a separate trial from SDC Communities, Inc. and Henry Rodriguez and the expert witnesses expected to be called in that trial. 2. By virtue of the Court's Order of July 18, 2014 confirming the existence of a legislative privilege and shielding the testimony of county officials and professionals, VOTT and Benderson concluded that it is advisable to identify an expert witness for possible use at trial. 3. No expert depositions have been schedule or taken in this matter and no prejudicewill be suffered by the granting of this Motion. WHEREFORE, VOTT and Benderson respectfully request that this Court authorize VOTT and Benderson to identify an expert witness by notice to the parties, and for such other, further, and/or alternative relief as is just and proper under the circumstances. /s/_ Edward Vogler Il EDWARD VOGLER II Vogler Ashton, PLLC 2411-A Manatee Avenue West Bradenton, FL 34205 Email: edvogler@voglerashton.com (941) 388-9400 x104 (941) 866-7648 Fax Florida Bar No. 0380970 Attorneys for VOTT and Benderson CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished this 6th day of August, 2014, by Electronic Mail to: Steven D. Hutton, Esq., 240 S. Pineapple Avenue, Suite 801, Sarasota, Florida 34236 sdh@huttonlawfirm.com; pdominko@huttonlawfirm.com, and noreen@huttonlawfirm.com, S. William Moore, Esq., 3277 Fruitville Road, Unit E, Sarasota, Florida 34237, bmoore@mbrfirm.com, and Morgan R. Bentley, Esq. 783 S. Orange Avenue, Suite 220, Sarasota, Florida 34236 mbentley@bentleyandbruning.com, nwhite@bentieyandbruning.com, and handrews@bentleyandbruning.com. __/s/ Edward Vogler Il EDWARD VOGLER IT, ESQUIRE Florida Bar No. 0380970 Vogler Ashton, PLLC 2411 — A Manatee Avenue West Bradenton, Florida 34205 (941) 388-9400 x104 (941) 866-7648 Facsimile Attorney For VOTT and Benderson edvogler@voglerashton.com