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Filing # 127841835 E-Filed 06/01/2021 11:41:32 AM
IN THE CIRCUIT COURT OF THE
14™ JUDICIAL CIRCUIT IN AND
FOR BAY COUNTY, FLORIDA
CASE NO.: 19004412CA
JAMIE AND JENNIFER CARR,
Plaintiffs,
V.
GULFSTREAM PROPERTY & CASUALTY
INSURANCE COMPANY
Defendant.
|
DEFENDANT’S MOTION TO STRIKE PLAINTIFFS’ EXPERT WITNESSES
OR TO COMPEL DEPOSITIONS OF PLAINTIFFS’ EXPERT WITNESSES
COMES NOW the Defendant, GULFSTREAM PROPERTY & CASUALTY
INSURANCE COMPANY (“Gulfstream”), by and through undersigned counsel, and
moves to strike Plaintiffs’ experts or in the alternative, to compel depositions of Plaintiffs’
expert witnesses. In support thereof, Gulfstream states:
1. On December 9, 2020, the Court issued an Order Setting Jury Trial and
Pretrial Conference.
2. Paragraph 3 of the Order required the parties to disclose lay and expert
witnesses within two weeks of the Order Setting Trial.
3. Both parties complied with paragraph 3 of the Order.
4. Paragraph 4 of the Order required the Plaintiffs to furnish reports of their
expert witnesses no later than January 8, 2021.
5. Plaintiffs did not provide reports of their experts at any time prior to this
Motion.
6. Gulfstream requested dates for the depositions of Plaintiffs’ experts by e-
mail dated May 27, 2021. See Exhibit “A” attached hereto.
7. Counsel for the Plaintiffs refused to provide dates for the depositions on the
ground that the discovery period had expired. See Exhibit “B” attached hereto.
8. Paragraph 11 of the Order Setting Trial stated that “Failure to comply with
the requirements of this Order shall subject counsel to such sanctions as the Court shall
deem just and proper under the circumstances.”
WHEREFORE, Gulfstream requests that the Court either strike Plaintiffs’ expert
witnesses for failure to comply with the Court’s Order, or in the alternative, that the Court
compel Plaintiffs to provide reports of their experts and dates on which their depositions
may be taken.
BUTLER WEIHMULLER KATZ CRAIG LLP
Syed. uke|
C)
KATHY J. MAUS, ESQ.
Florida Bar No.: 0896330
kmaus@butler.legal
JULIUS F. PARKER, III,ESQ.
Florida Bar No.: 0160857
jparker@butler.legal
Secondary: apinnock@butler.legal
Mail Center: 400 N. Ashley Drive, Suite 2300
Tampa, Florida 33602
Telephone: (850) 894-4111
Facsimile: (850) 894-4999
Attorneys for Defendant
CERTIFICATE OF SERVICE
| certify that a copy hereof has been furnished to:
Scott M. Rosso, Esq.
David R. Shaheen, Esq.
GED Lawyers, LLP
7171 North Federal Highway
Boca Raton, FL 33487
pdlittaw@gedlawyers.com
Secondary: bgoetsch@gedlawyers.com
Attorneys For: Plaintiffs
by e-Portal on June 1, 2021.
vet. Obs
JULIUS F. PARKER, Ill,ESQ.
Subject: Carr
CAUTION: This email originated from outside of the organization. Exercise caution when clicking on links or
opening attachments even if you recognize the sender.
David:
Per our telephone conversation, please provide dates when we can depose:
Jose Puentes
Jack Husband
Marshall Austin
Your clients.
Thank you.
_ Julius F. "Rick" Parker Ill: Partner
: BUTLER WEIHMULLER KATZ CRAIG LLP
_ 3600 Maclay Boulevard, Suite 101 ; Tallahassee,FL 32312
_ Office 850.894.4111
PLEASE SEND ALL MAIL TO: 400 N. Ashley Drive, Suite 2300 | Tampa, FL 33602
| www.butler.legal | email | vCard | location
COvVID-19 UPDATE: Butler Weihmuller Katz Craig LLP values the health and safety of our employees, our clients, and
the public-at-large. For this reason, while we remain open through these difficult times, the overwhelming majority of our
employees are working remotely from home. However, through the use of enhanced technology, we have continued to
provide high-quality legal services to our clients without compromising the health and well-being of our team and others.
The contents of this e-mail message and any attachments are intended for the addressee(s} named in this message. This communication is intended to be and to
remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient af this message, or if this
message has been addressed to you In error, please imrnediately alert the sender by reply e-mail and then delete this message and its attachments. Do not
deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclase the contents or take any action in
reliance upon the information cantained in this communication or any attachments.
EXHIBIT
2
Rick Parker
eC
From: Rick Parker
Sent: Thursday, May 27, 2021 9:47 AM
To: ‘Scott Rosso’; David Shaheen
Ce: Andreka Ruddock-Pinnock; Sheryl Hutchinson; Elaina Roland; Beliana Goetsch; Virginia
Henson
Subject: RE: Carr
The trial order says you were supposed to furnish written reports frorn your experts by January 8, 2027. Ihave
never received any reporis from your experts (other than the TCS estimate).
i suppose we can hancie this several ways. 1) you could provide the reports and allow me to depose the
experts; 2) |could move to strike your experts for failure to provide their reports; 3) we could move for
continuance to allow time to depose your experts.
Perhaps there is another option. Let me know how you would like to proceed, please. Thank you.
Rick Parker
Partner
Butler Weihmuller Katz Craig LLP
From: Scott Rosso
Sent: Thursday, May 27, 2021 9:40 AM
To: David Shaheen ; Rick Parker
Ce: Andreka Ruddock-Pinnock ; Sheryl Hutchinson ; Elaina Roland
; Beliana Goetsch ; Virginia Henson
Subject: RE: Carr
The discovery deadline passed.
From: David Shaheen
Sent: Thursday, May 27, 2021 9:38 AM
To: 'Rick Parker'
Cc: Andreka Ruddock-Pinnock ; Sheryl Hutchinson ; Elaina Roland
; Belilana Goetsch ; Scott Rosso ;
Virginia Henson
Subject: RE: Carr
Rick,
i have copied my team who will assist with scheduling. Thanks
EXHIBIT
DS B
From: Rick Parker
Sent: Thursday, May 27, 2021 9:38 AM
To: David Shaheen
Cc: Andreka Ruddock-Pinnock ; Sheryl Hutchinson ; Elaina Roland
1
Preview
Filing # 127841835 E-Filed 06/01/2021 11:41:32 AM IN THE CIRCUIT COURT OF THE 14™ JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 19004412CA JAMIE AND JENNIFER CARR, Plaintiffs, V. GULFSTREAM PROPERTY & CASUALTY INSURANCE COMPANY Defendant. | DEFENDANT’S MOTION TO STRIKE PLAINTIFFS’ EXPERT WITNESSES OR TO COMPEL DEPOSITIONS OF PLAINTIFFS’ EXPERT WITNESSES COMES NOW the Defendant, GULFSTREAM PROPERTY & CASUALTY INSURANCE COMPANY (“Gulfstream”), by and through undersigned counsel, and moves to strike Plaintiffs’ experts or in the alternative, to compel depositions of Plaintiffs’ expert witnesses. In support thereof, Gulfstream states: 1. On December 9, 2020, the Court issued an Order Setting Jury Trial and Pretrial Conference. 2. Paragraph 3 of the Order required the parties to disclose lay and expert witnesses within two weeks of the Order Setting Trial. 3. Both parties complied with paragraph 3 of the Order. 4. Paragraph 4 of the Order required the Plaintiffs to furnish reports of their expert witnesses no later than January 8, 2021. 5. Plaintiffs did not provide reports of their experts at any time prior to this Motion. 6. Gulfstream requested dates for the depositions of Plaintiffs’ experts by e- mail dated May 27, 2021. See Exhibit “A” attached hereto. 7. Counsel for the Plaintiffs refused to provide dates for the depositions on the ground that the discovery period had expired. See Exhibit “B” attached hereto. 8. Paragraph 11 of the Order Setting Trial stated that “Failure to comply with the requirements of this Order shall subject counsel to such sanctions as the Court shall deem just and proper under the circumstances.” WHEREFORE, Gulfstream requests that the Court either strike Plaintiffs’ expert witnesses for failure to comply with the Court’s Order, or in the alternative, that the Court compel Plaintiffs to provide reports of their experts and dates on which their depositions may be taken. BUTLER WEIHMULLER KATZ CRAIG LLP Syed. uke| C) KATHY J. MAUS, ESQ. Florida Bar No.: 0896330 kmaus@butler.legal JULIUS F. PARKER, III,ESQ. Florida Bar No.: 0160857 jparker@butler.legal Secondary: apinnock@butler.legal Mail Center: 400 N. Ashley Drive, Suite 2300 Tampa, Florida 33602 Telephone: (850) 894-4111 Facsimile: (850) 894-4999 Attorneys for Defendant CERTIFICATE OF SERVICE | certify that a copy hereof has been furnished to: Scott M. Rosso, Esq. David R. Shaheen, Esq. GED Lawyers, LLP 7171 North Federal Highway Boca Raton, FL 33487 pdlittaw@gedlawyers.com Secondary: bgoetsch@gedlawyers.com Attorneys For: Plaintiffs by e-Portal on June 1, 2021. vet. Obs JULIUS F. PARKER, Ill,ESQ. Subject: Carr CAUTION: This email originated from outside of the organization. Exercise caution when clicking on links or opening attachments even if you recognize the sender. David: Per our telephone conversation, please provide dates when we can depose: Jose Puentes Jack Husband Marshall Austin Your clients. Thank you. _ Julius F. "Rick" Parker Ill: Partner : BUTLER WEIHMULLER KATZ CRAIG LLP _ 3600 Maclay Boulevard, Suite 101 ; Tallahassee,FL 32312 _ Office 850.894.4111 PLEASE SEND ALL MAIL TO: 400 N. Ashley Drive, Suite 2300 | Tampa, FL 33602 | www.butler.legal | email | vCard | location COvVID-19 UPDATE: Butler Weihmuller Katz Craig LLP values the health and safety of our employees, our clients, and the public-at-large. For this reason, while we remain open through these difficult times, the overwhelming majority of our employees are working remotely from home. However, through the use of enhanced technology, we have continued to provide high-quality legal services to our clients without compromising the health and well-being of our team and others. The contents of this e-mail message and any attachments are intended for the addressee(s} named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient af this message, or if this message has been addressed to you In error, please imrnediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclase the contents or take any action in reliance upon the information cantained in this communication or any attachments. EXHIBIT 2 Rick Parker eC From: Rick Parker Sent: Thursday, May 27, 2021 9:47 AM To: ‘Scott Rosso’; David Shaheen Ce: Andreka Ruddock-Pinnock; Sheryl Hutchinson; Elaina Roland; Beliana Goetsch; Virginia Henson Subject: RE: Carr The trial order says you were supposed to furnish written reports frorn your experts by January 8, 2027. Ihave never received any reporis from your experts (other than the TCS estimate). i suppose we can hancie this several ways. 1) you could provide the reports and allow me to depose the experts; 2) |could move to strike your experts for failure to provide their reports; 3) we could move for continuance to allow time to depose your experts. Perhaps there is another option. Let me know how you would like to proceed, please. Thank you. Rick Parker Partner Butler Weihmuller Katz Craig LLP From: Scott Rosso Sent: Thursday, May 27, 2021 9:40 AM To: David Shaheen ; Rick Parker Ce: Andreka Ruddock-Pinnock ; Sheryl Hutchinson ; Elaina Roland ; Beliana Goetsch ; Virginia Henson Subject: RE: Carr The discovery deadline passed. From: David Shaheen Sent: Thursday, May 27, 2021 9:38 AM To: 'Rick Parker' Cc: Andreka Ruddock-Pinnock ; Sheryl Hutchinson ; Elaina Roland ; Belilana Goetsch ; Scott Rosso ; Virginia Henson Subject: RE: Carr Rick, i have copied my team who will assist with scheduling. Thanks EXHIBIT DS B From: Rick Parker Sent: Thursday, May 27, 2021 9:38 AM To: David Shaheen Cc: Andreka Ruddock-Pinnock ; Sheryl Hutchinson ; Elaina Roland 1