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Filing # 19301178 Electronically Filed 10/13/2014 11:57:24 AM
WAREHOUSE 1050 CORP., J AND J : IN THE CIRCUIT COURT OF THE 11TH
REFRIGERATION SUPPLY, INC., and : JUDICIAL CIRCUIT IN AND FOR
AME MANUFACTURING CORP., : MIAMI-DADE COUNTY, FLORIDA
Plaintiffs, : CASE NO.: 09-36802 CA 11
v.
WALTER J. WILLIAMS, FLORIDA SOL
CORP., COMCAST CABLE
COMMUNICATIONS HOLDINGS, INC.,
COMCAST CABLE HOLDINGS, LLC,
AND JOHN & JANE DOES 1-100,
Defendants. :
/
CROSS-DEFENDANT, FLORIDA SOL SYSTEMS, INC’S., AS SUBSTITUTE
PARTY FOR DEFENDANT JOHN DOE #1, MOTION FOR LEAVE TO AMEND
ITS ANSWER AND AFFIRMATIVE DEFENSES TO CROSS-PLAINTIFF
COMCAST’S CROSS CLAIM
The Defendant, FLORIDA SOL SYSTEMS, INC., by and through their undersigned counsel,
hereby files this Motion for Leave to Amend its Answer and Affirmative Defenses to COMCAST’s
Third Party Cross-Claim and states:
1. The Defendant needs to amend its Affirmative Defenses to Comcast’s Third-Party
Cross Claim previously filed. The Proposed Amended Affirmative Defenses is
attached.
2. Florida Rule of Civil Procedure 1.190 indicates that leave of Court shall be freely
given on matters of amendments of pleadings.
3. Although this case has been litigated for several years, Plaintiff recently filed its
Fifth Amended Complaint on July 16, 2014, to which Comcast served its Reply
and Cross-Claim on July 28", 2014.
4. Additionally, Defendant, Florida Sol Systems, Inc., has most recently on October
10, 2014, filed its Answer and Affirmative Defenses in reply to Plaintiff's Fifth
Perez & Rodriguez, P.A. + 95 Merrick Way, Suite 600 + Coral Gables, Florida 33134 + Phone: (305) 667-9878Amended Complaint causing the pleadings to remain open and the case not at
issue.
5. No party to this action would be unduly prejudiced by the amendment.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY thata true and correct copy of the above and foregoing was emailed
this 13" day of October, 2014, to Mark L. Pomeranz, Esquire, Pomeranz & Associates, P.A., at
Pomeranzlawfirm@ gmail.com; llandsman@mindspring.com ; Steven J. Lachterman, Esquire, at
steven lachterman.com; Mark T. Aliff, Esquire, Office of the Attorney General, Revenue Litigation
Bureau, The Capitol, Tallahassee, Florida 32399; Gregory R. Elder, Esquire, Foreman Friedman,
P.A. at
velder@ fflegal.com: srobinson@fflegal.com; Angela D, Daker, Esq., at White & Case, LLP,
at adaker(@whitecase.com & lorozco(@whitecase.com; and James Saunders III, Esquire, Saunders
Legal Strategies & Solutions, P.L., at jes@saunderslegalstrategies.com,
PEREZ & RODRIGUEZ, P.A.
Attorneys for Defendant, FLORIDA SOL
SYSTEMS, INC.
95 Merrick Way, Suite 600
Coral Gables, Florida 33134
(305) 667-9878
By: /s/ Luis N. Perez
LUIS N. PEREZ
Florida Bar No.: 438685
ANGELICA TORRENTS ROQUE
Florida Bar No.:
CARLOS H. GAMEZ
Florida Bar No.: 58628
Service@prmiamilaw.com
Perez & Rodriguez, P.A. + 95 Merrick Way, Suite 600 + Coral Gables, Florida 33134 + Phone: (305) 667-9878
Preview
Filing # 19301178 Electronically Filed 10/13/2014 11:57:24 AM WAREHOUSE 1050 CORP., J AND J : IN THE CIRCUIT COURT OF THE 11TH REFRIGERATION SUPPLY, INC., and : JUDICIAL CIRCUIT IN AND FOR AME MANUFACTURING CORP., : MIAMI-DADE COUNTY, FLORIDA Plaintiffs, : CASE NO.: 09-36802 CA 11 v. WALTER J. WILLIAMS, FLORIDA SOL CORP., COMCAST CABLE COMMUNICATIONS HOLDINGS, INC., COMCAST CABLE HOLDINGS, LLC, AND JOHN & JANE DOES 1-100, Defendants. : / CROSS-DEFENDANT, FLORIDA SOL SYSTEMS, INC’S., AS SUBSTITUTE PARTY FOR DEFENDANT JOHN DOE #1, MOTION FOR LEAVE TO AMEND ITS ANSWER AND AFFIRMATIVE DEFENSES TO CROSS-PLAINTIFF COMCAST’S CROSS CLAIM The Defendant, FLORIDA SOL SYSTEMS, INC., by and through their undersigned counsel, hereby files this Motion for Leave to Amend its Answer and Affirmative Defenses to COMCAST’s Third Party Cross-Claim and states: 1. The Defendant needs to amend its Affirmative Defenses to Comcast’s Third-Party Cross Claim previously filed. The Proposed Amended Affirmative Defenses is attached. 2. Florida Rule of Civil Procedure 1.190 indicates that leave of Court shall be freely given on matters of amendments of pleadings. 3. Although this case has been litigated for several years, Plaintiff recently filed its Fifth Amended Complaint on July 16, 2014, to which Comcast served its Reply and Cross-Claim on July 28", 2014. 4. Additionally, Defendant, Florida Sol Systems, Inc., has most recently on October 10, 2014, filed its Answer and Affirmative Defenses in reply to Plaintiff's Fifth Perez & Rodriguez, P.A. + 95 Merrick Way, Suite 600 + Coral Gables, Florida 33134 + Phone: (305) 667-9878Amended Complaint causing the pleadings to remain open and the case not at issue. 5. No party to this action would be unduly prejudiced by the amendment. CERTIFICATE OF SERVICE WE HEREBY CERTIFY thata true and correct copy of the above and foregoing was emailed this 13" day of October, 2014, to Mark L. Pomeranz, Esquire, Pomeranz & Associates, P.A., at Pomeranzlawfirm@ gmail.com; llandsman@mindspring.com ; Steven J. Lachterman, Esquire, at steven lachterman.com; Mark T. Aliff, Esquire, Office of the Attorney General, Revenue Litigation Bureau, The Capitol, Tallahassee, Florida 32399; Gregory R. Elder, Esquire, Foreman Friedman, P.A. at velder@ fflegal.com: srobinson@fflegal.com; Angela D, Daker, Esq., at White & Case, LLP, at adaker(@whitecase.com & lorozco(@whitecase.com; and James Saunders III, Esquire, Saunders Legal Strategies & Solutions, P.L., at jes@saunderslegalstrategies.com, PEREZ & RODRIGUEZ, P.A. Attorneys for Defendant, FLORIDA SOL SYSTEMS, INC. 95 Merrick Way, Suite 600 Coral Gables, Florida 33134 (305) 667-9878 By: /s/ Luis N. Perez LUIS N. PEREZ Florida Bar No.: 438685 ANGELICA TORRENTS ROQUE Florida Bar No.: CARLOS H. GAMEZ Florida Bar No.: 58628 Service@prmiamilaw.com Perez & Rodriguez, P.A. + 95 Merrick Way, Suite 600 + Coral Gables, Florida 33134 + Phone: (305) 667-9878