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Filing # 74065704 E-Filed 06/25/2018 04:42:11 PM
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA
ADVANCED SOLAR TECHNOLOGIES,
INC., a Florida corporation,
Plaintiff,
vs Case No.: 01-2015-CA-4357
SYBAC SOLAR, LLC, a Florida
limited liability company,
Defendant.
/
DEFENDANT, SYBAC SOLAR, LLC'S, CASE MANAGEMENT STATEMENT
Defendant, SYBAC SOLAR, LLC, a Florida limited liability
company, by and through its undersigned counsel, files this Case
Management Statement pursuant to this Court's June 21, 2018 Order
Setting Case Management Conference and Requiring Submission of
Case Management Statement, and states as follows:
A. Brief Description of Case: Plaintiff filed an Amended
Complaint alleging breach of contract and seeking damages for
unpaid commission, lost profits and lost business opportunity.
Defendant denies that Plaintiff is entitled to any commission
and/or damages as Plaintiff did not generate any leads and/or
procure any of the projects for Defendant. In addition, Plaintiff
is an unlicensed broker and contractor and breached the agreement
by failing to perform, and Plaintiff's claims are barred by the
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"2015 CA 004357" 74065704 Filed at Alachua County Clerk 06/25/2018 04:42:15 PM EDT
statute of limitations
B. Claim and Defenses which remain for trial:
Plaintiff's Claims: Breach of Contract
Defendant's Affirmative Defenses:
-First Breach
-Unlicensed contractor
-Impossibility of performance and/or frustration
of purpose
-Unlicensed real estate broker
-Statute of Limitations
-Failure to state a cause of action
-Breach of alleged agreement by Plaintiff
B. This case is not at issue and is not ready for trial:
The case is not at issue and should not be set for trial as the
parties have not completed Court ordered mediation, pending
pretrial motions have not been resolved, all discovery in this
matter is not complete and Plaintiff has failed to produce a
corporate representative for a recent deposition, despite
receiving sufficient notice to do so.
Cc Mediation of claims: The parties have scheduled a
mediation conference for September 13, 2018.
D Estimate of time needed to conduct discovery, proposed
trial date and estimated length of trial: It is unclear as to how
much time is needed to conduct discovery as Plaintiff has failed
to produce a corporate representative for deposition, and
indicated that a possible corporate representative is attempting
to appeal a visa denial in order to possibly attend a deposition
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and/or trial. Plaintiff filed a Motion for Video Conference
Attendance of a specific corporate representative, Harald
Kegelmann, for which Defendant filed a written objection thereto.
Plaintiff has not scheduled its Motion for hearing, and indicated
at a recent hearing that Plaintiff had other corporate
representatives that could testify at trial (in lieu of Mr.
Kegelmann) regarding the claims in the lawsuit. Defendant's filed
a Motion to Compel the Deposition of Plaintiff's corporate
representative simultaneously with this Case Management Statement
and is working to schedule a hearing on such Motion.
Until the discovery issues are resolved, it is unclear when
the actual trial date can be scheduled, and/or determine how much
time is needed for trial.
Dated: June 25, 2018.
Page 3 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 25th day of June, 2018, a copy
of the foregoing was furnished via email transmission only to Shawn
T. Jewell, Esquire, Orange Legal, 800 North Magnolia Ave., Suite
1500, Orlando, FL 32803, se a ce@orlandolega com,
shawn@orlandolegal. com, angeline@orla legal.com and
d lis@f lawfirm.com.
HARDIN & BALL, P.A.
JAMIN W. HARDIN, UR., ESQUIRE,
Florida Bar No.: 0500763
JULIE LANDRIGAN BALL, ESQUIRE
Florida Bar No.:
0768731
DANIEL A. ESQUIRE
FOX,
Florida Bar No.: 94648
Post Office Box 3604
Lakeland, Florida 33802-3604
Telephone: 863-688-5200
Facsimile: 863-686-0777
Email: service@hardinpalaw.com
Attorneys for Defendant/JLB
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Preview
Filing # 74065704 E-Filed 06/25/2018 04:42:11 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA ADVANCED SOLAR TECHNOLOGIES, INC., a Florida corporation, Plaintiff, vs Case No.: 01-2015-CA-4357 SYBAC SOLAR, LLC, a Florida limited liability company, Defendant. / DEFENDANT, SYBAC SOLAR, LLC'S, CASE MANAGEMENT STATEMENT Defendant, SYBAC SOLAR, LLC, a Florida limited liability company, by and through its undersigned counsel, files this Case Management Statement pursuant to this Court's June 21, 2018 Order Setting Case Management Conference and Requiring Submission of Case Management Statement, and states as follows: A. Brief Description of Case: Plaintiff filed an Amended Complaint alleging breach of contract and seeking damages for unpaid commission, lost profits and lost business opportunity. Defendant denies that Plaintiff is entitled to any commission and/or damages as Plaintiff did not generate any leads and/or procure any of the projects for Defendant. In addition, Plaintiff is an unlicensed broker and contractor and breached the agreement by failing to perform, and Plaintiff's claims are barred by the Page 1 of 4 "2015 CA 004357" 74065704 Filed at Alachua County Clerk 06/25/2018 04:42:15 PM EDT statute of limitations B. Claim and Defenses which remain for trial: Plaintiff's Claims: Breach of Contract Defendant's Affirmative Defenses: -First Breach -Unlicensed contractor -Impossibility of performance and/or frustration of purpose -Unlicensed real estate broker -Statute of Limitations -Failure to state a cause of action -Breach of alleged agreement by Plaintiff B. This case is not at issue and is not ready for trial: The case is not at issue and should not be set for trial as the parties have not completed Court ordered mediation, pending pretrial motions have not been resolved, all discovery in this matter is not complete and Plaintiff has failed to produce a corporate representative for a recent deposition, despite receiving sufficient notice to do so. Cc Mediation of claims: The parties have scheduled a mediation conference for September 13, 2018. D Estimate of time needed to conduct discovery, proposed trial date and estimated length of trial: It is unclear as to how much time is needed to conduct discovery as Plaintiff has failed to produce a corporate representative for deposition, and indicated that a possible corporate representative is attempting to appeal a visa denial in order to possibly attend a deposition Page 2 of 4 and/or trial. Plaintiff filed a Motion for Video Conference Attendance of a specific corporate representative, Harald Kegelmann, for which Defendant filed a written objection thereto. Plaintiff has not scheduled its Motion for hearing, and indicated at a recent hearing that Plaintiff had other corporate representatives that could testify at trial (in lieu of Mr. Kegelmann) regarding the claims in the lawsuit. Defendant's filed a Motion to Compel the Deposition of Plaintiff's corporate representative simultaneously with this Case Management Statement and is working to schedule a hearing on such Motion. Until the discovery issues are resolved, it is unclear when the actual trial date can be scheduled, and/or determine how much time is needed for trial. Dated: June 25, 2018. Page 3 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 25th day of June, 2018, a copy of the foregoing was furnished via email transmission only to Shawn T. Jewell, Esquire, Orange Legal, 800 North Magnolia Ave., Suite 1500, Orlando, FL 32803, se a ce@orlandolega com, shawn@orlandolegal. com, angeline@orla legal.com and d lis@f lawfirm.com. HARDIN & BALL, P.A. JAMIN W. HARDIN, UR., ESQUIRE, Florida Bar No.: 0500763 JULIE LANDRIGAN BALL, ESQUIRE Florida Bar No.: 0768731 DANIEL A. ESQUIRE FOX, Florida Bar No.: 94648 Post Office Box 3604 Lakeland, Florida 33802-3604 Telephone: 863-688-5200 Facsimile: 863-686-0777 Email: service@hardinpalaw.com Attorneys for Defendant/JLB Page 4 of 4