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Filing # 135771457 E-Filed 10/01/2021 04:03:20 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA.
V.C.A UNITED, LLC, CASE NO. 50-2020-CA-007471
Plaintiff,
vs.
MELISSA L. HANSLER; and INTEGRATED
‘VASCULAR IMAGING, LLC,
Defendants.
MOTION TA CONCOT MATT
WU UI CUI
COMES NOW MELISSA L. HANSLER (“Ms. Hansler” or “Defendant”), by and through
undersigned counsel, pursuant to Rule 1.270(a), Fla. R. Civ. P., and hereby files this Motion to
Consolidate the action, MELISSA HANSLER vy. VCA United LLC., a Florida Limited Liability
Company, and JAMES HANSLER, individually, CASE NO.: 50-2021-CA-010716-XXXX-MB
(Division AE) (the “Second Filed Action”) into the action styled VCA United LLC., a Florida
Limited Liability Company v. MELISSA L. HANSLER; and INTEGRATED VASCULAR
IMAGING, LLC. Case No. 50-2020-CA-007471-XXXX-MB (Division AE), originally filed on
July 16, 2020 (the “First Filed Action”).
1. The two actions arise from the same set of facts and circumstances, both concerning
alleged breaches of fiduciary duties amongst managers of VCA UNITED, LLC (“VCA”) as well
as business and coniractuai disputes arising from the operations of VCA.
2. The Second Filed Action was recently transferred to Division AE on September 28,
2021. See Agreed Order on Motion to Transfer at Exhibit “A.”
3. To facilitate maximum efficiency and to avoid the possibility of inconsistent
results, the Plaintiff in this action is seeking to consolidate both cases for the purposes of discovery
CHEN. DAIAARCACUAAIINTY Cl INeGEDU ARDIIV7ZN FLED 4NINAINNAA NA.ND-9N DNA
Pn. PAL DLA VUUINE TT, FL, vUOL I mDnuecy, ULL, Uru eu.) ut.ul.2u civand trial so the rights of all parties can be adjudicated in a single action.
4. The Court should consider the following factors, all of which warrant consolidation
of the First Filed Action and the Second Filed Action for discovery and trial:
(1) Whether the trial process will be accelerated due to the
consolidation.
(2) | Whether unnecessary costs and delays can be avoided by
consolidation.
(3) | Whether there is the possibility for inconsistent verdicts.
(4) | Whether consolidation would deprive a party of a substantive right.
Jallali v. Christiana Trust, 297 S0.3d 580, 583 (Fla. 4" DCA 2020).
5. Consolidation will avoid unnecessary costs or delay in both matters and will
accelerate the trial process on the Second Filed Action. The First Filed Action is not scheduled for
trial until the Court’s trial period of February 7, 2022- March 18, 2022. Consolidation would not
unnecessarily delav these proceedings and would allow for a more efficient disnosition of the
Second Filed Action. Regardless, the Fourth District Court of Appeal has found that the efficient
and proper administration of justice outweighs any delay in the disposition of a matter. Maharaj
v. Grossman, 619 So. 2d 399, 400 (Fla. 4th DCA 1993)(trial court abused its direction in denying
consolidation of matter because it was set for trial).
6. Consolidation will also avoid unnecessary costs and delays for trial and discovery
in the Second Filed Action. The issues raised and the discovery involved in the First Filed Action
are directly related to the matters in the Second Filed Action and consolidation will avoid
duplication and promote efficiency. Much of the discovery already taken in the First Filed Action
would be of use in the Second Filed Action and limits the discovery needed in the Second Filed
Action.
7. If the matters are not consolidated there is a possibility for inconsistent verdicts ifa verdict was returned in favor of Melissa Hansler in the Second Filed Action on her claims.
8. Consolidation would not deprive any party of a substantive right.
9. This Motion is timely filed before the Parties’ agreed deadline to add parties or
amend the pleadings in the First Filed Action.
WHEREFORE, Defendant MELISSA HANSLER, respectfully requests that the Court
enter an Order (1) GRANTING this Motion; (2) consolidating MELISSA HANSLER v. VCA United
LLC., a Florida Limited Liability Company, and JAMES HANSLER, individually, Case No. 50-
2021-CA-010716-XXXX-MB with VCA United LLC., a Florida Limited Liability Company v.
MELISSA L. HANSLER; and INTEGRATED VASCULAR IMAGING, LLC. Case No. 50-2020-CA-
007471-XXXX-MB,; and (3) providing such other and further relief as the Court deems just and
proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been filed via
Florida ePortal and furnished via electronic mail on this 1st day of October 2021, to all counsel of
record.
Respectfully submitted,
THE MARKARIAN GROUP
Attorneys for Melissa Hansler
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
(561) 626-4700
(561) 627-9479-fax
By. /s/ David K. Markarian
David K. Markarian, Esq.
Florida Bar No. 480691
dave@forbusinessandlife.com
Jessica R. Glickman, Esq.
Florida Bar No. 118586
davidg@forbusinessandlife.com
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Filing # 135771457 E-Filed 10/01/2021 04:03:20 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. V.C.A UNITED, LLC, CASE NO. 50-2020-CA-007471 Plaintiff, vs. MELISSA L. HANSLER; and INTEGRATED ‘VASCULAR IMAGING, LLC, Defendants. MOTION TA CONCOT MATT WU UI CUI COMES NOW MELISSA L. HANSLER (“Ms. Hansler” or “Defendant”), by and through undersigned counsel, pursuant to Rule 1.270(a), Fla. R. Civ. P., and hereby files this Motion to Consolidate the action, MELISSA HANSLER vy. VCA United LLC., a Florida Limited Liability Company, and JAMES HANSLER, individually, CASE NO.: 50-2021-CA-010716-XXXX-MB (Division AE) (the “Second Filed Action”) into the action styled VCA United LLC., a Florida Limited Liability Company v. MELISSA L. HANSLER; and INTEGRATED VASCULAR IMAGING, LLC. Case No. 50-2020-CA-007471-XXXX-MB (Division AE), originally filed on July 16, 2020 (the “First Filed Action”). 1. The two actions arise from the same set of facts and circumstances, both concerning alleged breaches of fiduciary duties amongst managers of VCA UNITED, LLC (“VCA”) as well as business and coniractuai disputes arising from the operations of VCA. 2. The Second Filed Action was recently transferred to Division AE on September 28, 2021. See Agreed Order on Motion to Transfer at Exhibit “A.” 3. To facilitate maximum efficiency and to avoid the possibility of inconsistent results, the Plaintiff in this action is seeking to consolidate both cases for the purposes of discovery CHEN. DAIAARCACUAAIINTY Cl INeGEDU ARDIIV7ZN FLED 4NINAINNAA NA.ND-9N DNA Pn. PAL DLA VUUINE TT, FL, vUOL I mDnuecy, ULL, Uru eu.) ut.ul.2u civand trial so the rights of all parties can be adjudicated in a single action. 4. The Court should consider the following factors, all of which warrant consolidation of the First Filed Action and the Second Filed Action for discovery and trial: (1) Whether the trial process will be accelerated due to the consolidation. (2) | Whether unnecessary costs and delays can be avoided by consolidation. (3) | Whether there is the possibility for inconsistent verdicts. (4) | Whether consolidation would deprive a party of a substantive right. Jallali v. Christiana Trust, 297 S0.3d 580, 583 (Fla. 4" DCA 2020). 5. Consolidation will avoid unnecessary costs or delay in both matters and will accelerate the trial process on the Second Filed Action. The First Filed Action is not scheduled for trial until the Court’s trial period of February 7, 2022- March 18, 2022. Consolidation would not unnecessarily delav these proceedings and would allow for a more efficient disnosition of the Second Filed Action. Regardless, the Fourth District Court of Appeal has found that the efficient and proper administration of justice outweighs any delay in the disposition of a matter. Maharaj v. Grossman, 619 So. 2d 399, 400 (Fla. 4th DCA 1993)(trial court abused its direction in denying consolidation of matter because it was set for trial). 6. Consolidation will also avoid unnecessary costs and delays for trial and discovery in the Second Filed Action. The issues raised and the discovery involved in the First Filed Action are directly related to the matters in the Second Filed Action and consolidation will avoid duplication and promote efficiency. Much of the discovery already taken in the First Filed Action would be of use in the Second Filed Action and limits the discovery needed in the Second Filed Action. 7. If the matters are not consolidated there is a possibility for inconsistent verdicts ifa verdict was returned in favor of Melissa Hansler in the Second Filed Action on her claims. 8. Consolidation would not deprive any party of a substantive right. 9. This Motion is timely filed before the Parties’ agreed deadline to add parties or amend the pleadings in the First Filed Action. WHEREFORE, Defendant MELISSA HANSLER, respectfully requests that the Court enter an Order (1) GRANTING this Motion; (2) consolidating MELISSA HANSLER v. VCA United LLC., a Florida Limited Liability Company, and JAMES HANSLER, individually, Case No. 50- 2021-CA-010716-XXXX-MB with VCA United LLC., a Florida Limited Liability Company v. MELISSA L. HANSLER; and INTEGRATED VASCULAR IMAGING, LLC. Case No. 50-2020-CA- 007471-XXXX-MB,; and (3) providing such other and further relief as the Court deems just and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been filed via Florida ePortal and furnished via electronic mail on this 1st day of October 2021, to all counsel of record. Respectfully submitted, THE MARKARIAN GROUP Attorneys for Melissa Hansler 2925 PGA Blvd., Suite 204 Palm Beach Gardens, FL 33410 (561) 626-4700 (561) 627-9479-fax By. /s/ David K. Markarian David K. Markarian, Esq. Florida Bar No. 480691 dave@forbusinessandlife.com Jessica R. Glickman, Esq. Florida Bar No. 118586 davidg@forbusinessandlife.com