On July 10, 148 a
Motion,Ex Parte
was filed
involving a dispute between
Biberstein, Harry,
and
All Others Whom It May Concern,
Deville, Carol,
Frazer, Christine,
Golden Key Properties Llc,
Kirchberger, Andreas,
Kirchberger, Gabriel,
Kirchberger, Niclas X,
Moonstone Holdings, Llc, A Nevada Limited Liability Company,
Southern Shores Enterprises, Llc, A Florida Limited Liability Company,
for Other - Matters not falling within the Other Civil Subcategories
in the District Court of Charlotte County.
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Filing # 89735374 E-Filed 05/17/2019 04:07:35 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA onal VIL ACTION
HARRY BIEBERSTEIN,
Plaintiff,
Â¥. Case No. 17-917 CA
GABRIEL KIRCHBERGER, et ai.,
Defendants.
wee
DEFENDANTS DEVILLE'S and SOUTHERN SHORES ENTERPRISES, LLC's
MOTION TO STRIKE ORDER SETTING TRIAL or ALTERNATIV TO ELY
EXTEND CASE
MANAGEMENT PLAN DEADLINES
COMES NOW CAROL DEVILLE and SOUTHERN SHORES ENTERPRISES, LLC.
Defendants, by and through their undersigned counsel and file this Motion to Strike Order
Setting Trial or alternatively to Extend Case Management Plan Deadlines and for reasons
States as follows:
1} Plaintiff filed a First Amended Complaint on September 5, 2018 and Defendant
DEVILLE on September 13, 2018 and Defendant SOUTHERN SHORE ENTERPRISES,
LLC on September 23, 2018 filed a Motion to Dismiss pursuant to Florida Statute
§726.110.
2) Plaintiff filed a Motion for Reconsideration of the Court's previous dismissal of the
original Complaint on March 14, 2019
3) The Court on its own motion pursuant to the previously entered Agreed Case
Management Plan and Order entered March 26, 2018 entered an Order on May 4, 2079
Setting Trial for the period beginning September 10, 2019 however the pleading phase is
Not closed and the matter is nol at issue as the Motions directed to the last pleading (First
Amended Complaint) have not been disposed of as required by Fla.R Civ.P. Rule 1.440{(a)
ee
nemesis
WHEREFORE, Defendants seek to strike the Order setting Trial or alternatively to
extend Case Management Pian Deadlines or require that all motions directed to the last
pleading are disposed of before an Order Setting Trial is entered
CERTIFICA
OF TE SERVICE
| HEREBY CERTIFY that a true and correct copy of the above and foregoi
ng Notice
of Unavailability has been sent via Florida Courts & Filing Portal to counsel of
record this
17° day of May, 2019
Nad
3 iC phe
Cola
DAVID K. OAKS, PA.
407 East Marion Ave. Suite 104
Punta Gorda, Fl. 33950
(941)639-7627
Fiorida Bar No. 0301817
Attorney for Defendants DEVILLE
& SOUTHERN SHORE
ENTERPRISES, LLC
Email: doaksesq@comcast.net
Document Filed Date
May 17, 2019
Case Filing Date
July 10, 148
Category
Other - Matters not falling within the Other Civil Subcategories
Related Content
in Charlotte County
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Filing # 89735374 E-Filed 05/17/2019 04:07:35 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA onal VIL ACTION HARRY BIEBERSTEIN, Plaintiff, ¥. Case No. 17-917 CA GABRIEL KIRCHBERGER, et ai., Defendants. wee DEFENDANTS DEVILLE'S and SOUTHERN SHORES ENTERPRISES, LLC's MOTION TO STRIKE ORDER SETTING TRIAL or ALTERNATIV TO ELY EXTEND CASE MANAGEMENT PLAN DEADLINES COMES NOW CAROL DEVILLE and SOUTHERN SHORES ENTERPRISES, LLC. Defendants, by and through their undersigned counsel and file this Motion to Strike Order Setting Trial or alternatively to Extend Case Management Plan Deadlines and for reasons States as follows: 1} Plaintiff filed a First Amended Complaint on September 5, 2018 and Defendant DEVILLE on September 13, 2018 and Defendant SOUTHERN SHORE ENTERPRISES, LLC on September 23, 2018 filed a Motion to Dismiss pursuant to Florida Statute §726.110. 2) Plaintiff filed a Motion for Reconsideration of the Court's previous dismissal of the original Complaint on March 14, 2019 3) The Court on its own motion pursuant to the previously entered Agreed Case Management Plan and Order entered March 26, 2018 entered an Order on May 4, 2079 Setting Trial for the period beginning September 10, 2019 however the pleading phase is Not closed and the matter is nol at issue as the Motions directed to the last pleading (First Amended Complaint) have not been disposed of as required by Fla.R Civ.P. Rule 1.440{(a) ee nemesis WHEREFORE, Defendants seek to strike the Order setting Trial or alternatively to extend Case Management Pian Deadlines or require that all motions directed to the last pleading are disposed of before an Order Setting Trial is entered CERTIFICA OF TE SERVICE | HEREBY CERTIFY that a true and correct copy of the above and foregoi ng Notice of Unavailability has been sent via Florida Courts & Filing Portal to counsel of record this 17° day of May, 2019 Nad 3 iC phe Cola DAVID K. OAKS, PA. 407 East Marion Ave. Suite 104 Punta Gorda, Fl. 33950 (941)639-7627 Fiorida Bar No. 0301817 Attorney for Defendants DEVILLE & SOUTHERN SHORE ENTERPRISES, LLC Email: doaksesq@comcast.net