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Filing # 141970225 E-Filed 01/13/2022 04:50:05 PM
IN THE CIRCUIT COURT OF THE
1574 JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 50-2020-CA-007471
V.C.A. UNITED, LLC,
Plaintiff,
ve
MELISSA L. HANSLER; and INTEGRATED
VASCULAR IMAGING, LLC,
Defendants.
/
MOTION TO STRIKE CASE FROM TRIAL DOCKET
COMES NOW the Plaintiff, V.C.A. UNITED, LLC (“VCA”), by and through its
undersigned counsel, and files this Motion to Strike this matter from this Court’s February 7-March
22, 2022 Trial Docket (“Motion”), and in furtherance thereof would say that:
CASE IS NOT AT ISSUE
1. This Court issued its Amended Order Setting Non-Jury Trial, et. al, on August 17,
2021 (DE #71). At the time, the case as filed was at issue.
2. Subsequently, Defendant Melissa Hansler filed a separate action against Plaintiff
VCA and non-party James Hansler, and on October 1, 2021, filed a Motion to Consolidate that case
with this case (DE #85). On October 27, 2021, the Court entered an Agreed Order on the Motion,
as the parties believed, in good faith, that the case would be at issue by the time the trial docket
started, and did not want to delay the matter unnecessarily.
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/13/2022 04:50:05 PM ***3. However, the case is not at issue, and will not be at issue before the commencement
of the trial period. James Hansler and VCA filed their Motion to Dismiss the “new” complaint on
October 11, 2021; however, the matter was not heard by the Court until January 5, 2022. An Order
on the Motion to Dismiss was entered on January 10, 2022, allowing Melissa Hansler 15 days to
file an Amended Complaint. Assuming that the Amended Complaint is timely filed, a response to
same will not be due until February 4, 2022, just 3 days before the first day of the trial docket.
sought
below:
UNRESOLVED DISCOVERY ISSUE
4. In this case, VCA has, since issuing its first request to produce in September 2020,
the production of documents in this case, and the timeline of what has ensued is set forth
September 9, 2020—VCA propounds its first Request to Produce (DE #13).
October 9, 2020—Defendants file their response (DE #14), objecting to a number of the
requests on confidentiality/trade secret grounds.
January 8, 2021—Judge Kelley issues an order requiring the production of certain
documents, the preparation of a confidentiality order, followed by the production of other
documents, and the submission of the balance of the documents for an in camera inspection
(DE #19).
January 8, 2021—Melissa Hansler files a Motion for Clarification of Judge Kelley’s Order
(DE #20).
January 15, 2021—Judge Kelley issues an Order specially setting a hearing on the
discovery issue for January 20, 2021 (DE #25).
February 1, 2021—Judge Kelley issues a second order compelling production of certain
documents, and requiring the balance to be submitted for an in camera inspection (DE
#27).
March 8, 2021—Affter the in camera inspection, Judge Kelley issues an order appointing
a special master for the purpose of addressing the claims of confidentiality/trade secrets
taised by Melissa Hansler (DE #34).
May 24, 2021—The Special Master files his Report and Recommendations with the Court
(DE #43).June 2, 2021—VCA files its Exceptions to the Special Master’s Report and
Recommendations (DE #44).
June 14, 2021—Judge Kelley issues his order setting a hearing on the exceptions to the
special master’s report and recommendations, for June 21, 2021 (DE #49).
June 24, 2021—Judge Kelley issues his Order sustaining VCA’s exceptions, and directing
the Defendants to produce all requested documents, subject to the previously issued
confidentiality order (DE #51).
July 6, 2021—Defendants file their Motion for Reconsideration of Judge Kelley’s June
24, 2021 Order (DE #54).
July 22, 2021—Judge Kelley grants Defendants’ Motion for Reconsideration, and directs
the parties to schedule a hearing on the matter. Around this time, Judge Kelley leaves this
division of the Court (DE #62).
July 26, 2021—Judge Zuckerman issues an Order setting a hearing on the matter for
September 3, 2021 for one hour (DE #64).
September 17, 2021—Judge Zuckerman enters her order sustaining, in part, VCA’s
exceptions to the special master’s report, and directing the production of certain
documents, and providing for an in camera inspection of other documents, following which
the Court would supplement this Order with further instructions (DE #82).
September 27, 2021—Defendants seek clarification of Judge Zuckerman’s Order (DE
#83).
October 2, 2021—Judge Zuckerman directs that the Motion for Clarification be set for
hearing (DE #84). Judge Zuckerman then leaves this division of the Court.
October 8, 2021—Judge Harper, the third judge in less than a year to consider this matter,
schedules a hearing on the Motion for Clarification for November 4, 2021 (DE #89).
October 29, 2021—Judge Harper, sua sponte, cancels the hearing scheduled for November
4, 2021 (DE #93).
5. The hearing on the Motion for Clarification has not been reset.
6. To compel VCA to go to trial when, through no fault of its own, and despite
multiple orders from multiple judges compelling the production of documents that have been
withheld for well over a year, is improper, and tantamount to a denial of due process.7. Under these circumstances, it is requested that this matter be stricken from the
Court’s upcoming docket, to be reset once the case is truly at issue, and after the Court has, with
finality, addressed Defendants’ Motion for Clarification, reviewed in camera whatever the Court
feels it appropriate to review, issues a FINAL order on the discovery issue, and after VCA has had
the opportunity to conduct any follow-up discovery deemed necessary and appropriate based on
the as yet undivulged “confidential” documents.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 13" day of January, 2022, I electronically filed the
foregoing document with the Clerk of the Court using the Florida Courts eFiling Portal with service
to David K. Markarian, Esquire, 2925 PGA Boulevard, Suite 204, Palm Beach Gardens, FL 33410
at dave@businessmindedlawfirm.com and davidg@businessmindedlawfirm.com.
COHEN, NORRIS, WOLMER, RAY,
TELEPMAN, BERKOWITZ & COHEN
Attorneys for Plaintiff
712 U.S. Highway One
Suite 400
North Palm Beach, FL 33408
(561) 844-3600 - Telephone
(561) 842-4104 - Facsimile
jst@cohennorris.com - Primary Email
sme@cohennorris.com - Secondary Email
fs/ James S. Telepman, Esquire
James S. Telepman, Esquire
Florida Bar No. 466786
Preview
Filing # 141970225 E-Filed 01/13/2022 04:50:05 PM IN THE CIRCUIT COURT OF THE 1574 JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 50-2020-CA-007471 V.C.A. UNITED, LLC, Plaintiff, ve MELISSA L. HANSLER; and INTEGRATED VASCULAR IMAGING, LLC, Defendants. / MOTION TO STRIKE CASE FROM TRIAL DOCKET COMES NOW the Plaintiff, V.C.A. UNITED, LLC (“VCA”), by and through its undersigned counsel, and files this Motion to Strike this matter from this Court’s February 7-March 22, 2022 Trial Docket (“Motion”), and in furtherance thereof would say that: CASE IS NOT AT ISSUE 1. This Court issued its Amended Order Setting Non-Jury Trial, et. al, on August 17, 2021 (DE #71). At the time, the case as filed was at issue. 2. Subsequently, Defendant Melissa Hansler filed a separate action against Plaintiff VCA and non-party James Hansler, and on October 1, 2021, filed a Motion to Consolidate that case with this case (DE #85). On October 27, 2021, the Court entered an Agreed Order on the Motion, as the parties believed, in good faith, that the case would be at issue by the time the trial docket started, and did not want to delay the matter unnecessarily. *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/13/2022 04:50:05 PM ***3. However, the case is not at issue, and will not be at issue before the commencement of the trial period. James Hansler and VCA filed their Motion to Dismiss the “new” complaint on October 11, 2021; however, the matter was not heard by the Court until January 5, 2022. An Order on the Motion to Dismiss was entered on January 10, 2022, allowing Melissa Hansler 15 days to file an Amended Complaint. Assuming that the Amended Complaint is timely filed, a response to same will not be due until February 4, 2022, just 3 days before the first day of the trial docket. sought below: UNRESOLVED DISCOVERY ISSUE 4. In this case, VCA has, since issuing its first request to produce in September 2020, the production of documents in this case, and the timeline of what has ensued is set forth September 9, 2020—VCA propounds its first Request to Produce (DE #13). October 9, 2020—Defendants file their response (DE #14), objecting to a number of the requests on confidentiality/trade secret grounds. January 8, 2021—Judge Kelley issues an order requiring the production of certain documents, the preparation of a confidentiality order, followed by the production of other documents, and the submission of the balance of the documents for an in camera inspection (DE #19). January 8, 2021—Melissa Hansler files a Motion for Clarification of Judge Kelley’s Order (DE #20). January 15, 2021—Judge Kelley issues an Order specially setting a hearing on the discovery issue for January 20, 2021 (DE #25). February 1, 2021—Judge Kelley issues a second order compelling production of certain documents, and requiring the balance to be submitted for an in camera inspection (DE #27). March 8, 2021—Affter the in camera inspection, Judge Kelley issues an order appointing a special master for the purpose of addressing the claims of confidentiality/trade secrets taised by Melissa Hansler (DE #34). May 24, 2021—The Special Master files his Report and Recommendations with the Court (DE #43).June 2, 2021—VCA files its Exceptions to the Special Master’s Report and Recommendations (DE #44). June 14, 2021—Judge Kelley issues his order setting a hearing on the exceptions to the special master’s report and recommendations, for June 21, 2021 (DE #49). June 24, 2021—Judge Kelley issues his Order sustaining VCA’s exceptions, and directing the Defendants to produce all requested documents, subject to the previously issued confidentiality order (DE #51). July 6, 2021—Defendants file their Motion for Reconsideration of Judge Kelley’s June 24, 2021 Order (DE #54). July 22, 2021—Judge Kelley grants Defendants’ Motion for Reconsideration, and directs the parties to schedule a hearing on the matter. Around this time, Judge Kelley leaves this division of the Court (DE #62). July 26, 2021—Judge Zuckerman issues an Order setting a hearing on the matter for September 3, 2021 for one hour (DE #64). September 17, 2021—Judge Zuckerman enters her order sustaining, in part, VCA’s exceptions to the special master’s report, and directing the production of certain documents, and providing for an in camera inspection of other documents, following which the Court would supplement this Order with further instructions (DE #82). September 27, 2021—Defendants seek clarification of Judge Zuckerman’s Order (DE #83). October 2, 2021—Judge Zuckerman directs that the Motion for Clarification be set for hearing (DE #84). Judge Zuckerman then leaves this division of the Court. October 8, 2021—Judge Harper, the third judge in less than a year to consider this matter, schedules a hearing on the Motion for Clarification for November 4, 2021 (DE #89). October 29, 2021—Judge Harper, sua sponte, cancels the hearing scheduled for November 4, 2021 (DE #93). 5. The hearing on the Motion for Clarification has not been reset. 6. To compel VCA to go to trial when, through no fault of its own, and despite multiple orders from multiple judges compelling the production of documents that have been withheld for well over a year, is improper, and tantamount to a denial of due process.7. Under these circumstances, it is requested that this matter be stricken from the Court’s upcoming docket, to be reset once the case is truly at issue, and after the Court has, with finality, addressed Defendants’ Motion for Clarification, reviewed in camera whatever the Court feels it appropriate to review, issues a FINAL order on the discovery issue, and after VCA has had the opportunity to conduct any follow-up discovery deemed necessary and appropriate based on the as yet undivulged “confidential” documents. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 13" day of January, 2022, I electronically filed the foregoing document with the Clerk of the Court using the Florida Courts eFiling Portal with service to David K. Markarian, Esquire, 2925 PGA Boulevard, Suite 204, Palm Beach Gardens, FL 33410 at dave@businessmindedlawfirm.com and davidg@businessmindedlawfirm.com. COHEN, NORRIS, WOLMER, RAY, TELEPMAN, BERKOWITZ & COHEN Attorneys for Plaintiff 712 U.S. Highway One Suite 400 North Palm Beach, FL 33408 (561) 844-3600 - Telephone (561) 842-4104 - Facsimile jst@cohennorris.com - Primary Email sme@cohennorris.com - Secondary Email fs/ James S. Telepman, Esquire James S. Telepman, Esquire Florida Bar No. 466786