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Filing # 140570675 E-Filed 12/17/2021 10:08:59 AM
IN THE CIRCUIT COURT OF THE 1Sth
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
MARION J. YOUNG BUTERA
AND THOMAS BUTERA, her spouse,
Plaintiffs, CASE NO: 50-2021-CA-010108
v.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA and THE
BRIGHTVIEW LANDSCAPES, LLC,
Defendants.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA,
Cross-Plaintiff,
Vv.
THE BRIGHTVIEW LANDSCAPES, LLC,
Cross-Defendant.
/
DEFENDANT, THE BRIGHTVIEW LANDSCAPES, LLC’S RE-NOTICE OF TAKING
VIDEO RECORDED DEPOSITION DUCES TECUM OF PLAINTIFE
(Please note deposition currently scheduled for January 28, 2022 is cancelled)
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of:
NAME AND ADDRESS
Plaintiff, Marion J. Young Butera
c/o Barry Hoffman, Esquire
DATE AND TIME:
February 3, 2022, at 1:00 p.m.
LOCATION OF DEPOSITION
Esquire Deposition via Zoom, with link to be provided
31947204.v1
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/17/2021 10:08:59 AM ***upon oral examination before Esquire Deposition, a Notary Public, or before some other officer
authorized by law to administer oaths. The deposition is taken for the purpose of discovery or
use as evidence in this action, or for such other purposes as authorized under applicable statutes
or rules of the Court. The deposition will continue from day to day until completed, and will be
recorded by a videographer.
- SEE ATTACHED ADDENDUM —
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded
electronically to Barry G. Hoffman, Esquire, (Attorney for Plaintiff) hchlawoffice@aol.com,
BARRY G. HOFFMAN LAW FIRM, P.A., 9045 La Fontana Blvd., Suite 106, Boca Raton, FL
33434; Mitchell H. Katler, Esquire, (Attorney for Defendant, Edens Limited Partnership d/b/a
Sunshine Square Plaza), MKatler@travelers.com. EGuilbea@travelers.com;
TGruende@travelers.com; Law Offices of James W. Kehoe, II, 3230 West Commercial Blvd.,
Suite 250, Ft. Lauderdale, FL 33309, this 17" day of December, 2021. The certificate is taken as
prima facie proof of such service in compliance with Fla. R. Jud. Admin. 2.516.
/s/ David J. Majcak
GOLDBERG SEGALLA, LLP
David J. Majcak, Esquire
Florida Bar No. 0073883
Rodney Janis, Esquire
Florida Bar No. 647896
222 Lakeview Avenue, Suite 800
West Palm Beach, FL 33401
(561) 618-4466 Office
(561) 618-4549 Fax
email designations:
dmajcak@goldbergsegalla.com
dharrison@goldbergsegalla.com
31947204.v1- ADDENDUM —
1. Photo identification used to authenticate your identity: (1) driver’s license and/or (2)
passport.
2. Any photographs, audio recordings, or video recordings taken by you or given to you by
anyone else pertaining to the matter captioned above.
3. Any photographs, audio recordings, or video recordings taken by you or given to you by
anyone else pertaining to your alleged injuries from the subject accident.
4. Any photographs, audio recordings, or video recordings taken by you or given to you by
anyone else of the: subject black sprinkler head, the subject cut out pathway, and anyone
utilizing the subject cut out pathway.
5. Any letters, e-mails, correspondence, incident reports, written or recorded statements or
documentation within your possession or provided to you by Defendants, EDENS
LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE
BRIGHTVIEW LANDSCAPES, LLC, pertaining to the matter captioned above.
6. Any letters, e-mails, correspondence, incident reports, written or recorded statements or
documentation you previously provided to by Defendants, EDENS LIMITED
PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHTVIEW
LANDSCAPES, LLC, pertaining to the matter captioned above.
31947204.v1
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Filing # 140570675 E-Filed 12/17/2021 10:08:59 AM IN THE CIRCUIT COURT OF THE 1Sth JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARION J. YOUNG BUTERA AND THOMAS BUTERA, her spouse, Plaintiffs, CASE NO: 50-2021-CA-010108 v. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHTVIEW LANDSCAPES, LLC, Defendants. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA, Cross-Plaintiff, Vv. THE BRIGHTVIEW LANDSCAPES, LLC, Cross-Defendant. / DEFENDANT, THE BRIGHTVIEW LANDSCAPES, LLC’S RE-NOTICE OF TAKING VIDEO RECORDED DEPOSITION DUCES TECUM OF PLAINTIFE (Please note deposition currently scheduled for January 28, 2022 is cancelled) PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of: NAME AND ADDRESS Plaintiff, Marion J. Young Butera c/o Barry Hoffman, Esquire DATE AND TIME: February 3, 2022, at 1:00 p.m. LOCATION OF DEPOSITION Esquire Deposition via Zoom, with link to be provided 31947204.v1 '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/17/2021 10:08:59 AM ***upon oral examination before Esquire Deposition, a Notary Public, or before some other officer authorized by law to administer oaths. The deposition is taken for the purpose of discovery or use as evidence in this action, or for such other purposes as authorized under applicable statutes or rules of the Court. The deposition will continue from day to day until completed, and will be recorded by a videographer. - SEE ATTACHED ADDENDUM — CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded electronically to Barry G. Hoffman, Esquire, (Attorney for Plaintiff) hchlawoffice@aol.com, BARRY G. HOFFMAN LAW FIRM, P.A., 9045 La Fontana Blvd., Suite 106, Boca Raton, FL 33434; Mitchell H. Katler, Esquire, (Attorney for Defendant, Edens Limited Partnership d/b/a Sunshine Square Plaza), MKatler@travelers.com. EGuilbea@travelers.com; TGruende@travelers.com; Law Offices of James W. Kehoe, II, 3230 West Commercial Blvd., Suite 250, Ft. Lauderdale, FL 33309, this 17" day of December, 2021. The certificate is taken as prima facie proof of such service in compliance with Fla. R. Jud. Admin. 2.516. /s/ David J. Majcak GOLDBERG SEGALLA, LLP David J. Majcak, Esquire Florida Bar No. 0073883 Rodney Janis, Esquire Florida Bar No. 647896 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 (561) 618-4466 Office (561) 618-4549 Fax email designations: dmajcak@goldbergsegalla.com dharrison@goldbergsegalla.com 31947204.v1- ADDENDUM — 1. Photo identification used to authenticate your identity: (1) driver’s license and/or (2) passport. 2. Any photographs, audio recordings, or video recordings taken by you or given to you by anyone else pertaining to the matter captioned above. 3. Any photographs, audio recordings, or video recordings taken by you or given to you by anyone else pertaining to your alleged injuries from the subject accident. 4. Any photographs, audio recordings, or video recordings taken by you or given to you by anyone else of the: subject black sprinkler head, the subject cut out pathway, and anyone utilizing the subject cut out pathway. 5. Any letters, e-mails, correspondence, incident reports, written or recorded statements or documentation within your possession or provided to you by Defendants, EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHTVIEW LANDSCAPES, LLC, pertaining to the matter captioned above. 6. Any letters, e-mails, correspondence, incident reports, written or recorded statements or documentation you previously provided to by Defendants, EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHTVIEW LANDSCAPES, LLC, pertaining to the matter captioned above. 31947204.v1