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Filing # 91094499 E-Filed 06/14/2019 09:09:00 AM
IN THE CIRCUIT COURT OF THE FIFTHTEETH JUDICIAL
CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO: 2018-CA-015498-XXXX-MB
ERROLL INNISS,
Plaintiff,
vs.
THE FLORIDA HIGHWAY PATROL,
A division of FLORIDA DEPARTMENT
OF HIGHWAY SAFETY & MOTOR
VEHICLES, an Agency of the State of
Florida, and TROOPER RICKY LEE
MAYO,
Defendants.
/
DEFENDANTS’, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY
LEE MAYO, MOTION FOR CASE MANAGEMENT CONFERENCE
COME NOW, Defendants, THF FLORIDA HIGHWAY PATROL and TROOPER
RICKY LEE MAYO, by and through their undersigned counsel and pursuant to Florida
Rules of Civil Procedure 1.200, file this, their Motion for Case Management Conference,
and in support thereof state the following:
1. This case arises from a motor vehicle accident occurring on April 18, 2016
in Palm Beach County, Florida.
2. The operative Complaint was filed on December 10, 2018, and served on
FHP and TROOPER MAYO, on December 13, 2018 and December 18, 2018,
respectively.
3. The Answers and Affirmative Defenses for both Defendants were filed on
January 18, 2019.
CHEN. DAIAARCACUAAIINTY Cl CUADAND ANFY FLED neil Ainnsana-na-nn Ana
PILL. PAL BLAU VUUINE TT, PL, OHI. DUUN, ULLIAN, Yur itZu ig ug.ug.uU mvInniss V_FHP and Mayo
CASE NO.: 2018-CA-015498
MOTION FOR CASE MANAGEMENT CONFERENCE
Page 2 of 3
4. Although the Plaintiff was deposed on April 16, 2019, the parties are still
working their way through discovery, including the depositions of the Defendant’s and
their representatives, and the subpoenaing and retrieval of records of past and present
providers and treaters, some of who were learned of during the deposition of the
Plaintiff.
5. Defendants would be extremely prejudiced by not having sufficient time to
complete discovery, including the failure to obtain Plaintiff's treatment records and
outstanding medical bills, including past and present treaters, and testimony from the
parties to know what fact witnesses and treaters to depose and experts to retain to be
able to adequately evaluate this case and prepare its defenses for trial.
6. Accordingly, Defendants, through their undersigned counsel are
requesting a Case Management Conference as allowed under Florida Rules of Civil
Procedure 1.200 in order to develop and effectuate an orderly, practical schedule for the
efficient administration of this case, including deadlines for the cut off of discovery,
disclosure of witnesses and experts, dispositive motions, and trial setting reflective of
the issues that developed in this case, particularly those related to the needed records
and information needed to for the proper adjudication of this case on the merits.
WHEREFORE, Defendants, THE FLORIDA HIGHWAY PATROL and TROOPER
Senshi ec
RICNT LEE MATYU, fespecuuily fequest UlS VOUTL Elen afl Orgel OF COlivene a Udse
Management Conference pursuant to Florida Rules of Civil Procedure 1.200, as well as
any and all other relief this honorable court deems just and appropriate.Inniss V. FHP and Mayo
CASE NO.: 2018-CA-015498
MOTION FOR CASE MANAGEMENT CONFERENCE
Page 3 of 3
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true copy of the foregoing has been furnished by
electronic mail only via the E-Portal to: Brett M. Steinberg, Esq. and Melanie Golden,
Esq. of Steinberg Law, PA., 10 S.E. 1% Ave, Ste. C, Delray Beach, FL 33444 on this 14th
day of June, 2019.
BOBO, CIOTOLI, WHITE & RUSSELL, P.A.
Counsel for FLORIDA HIGHWAY PATROL and
TROPPER RICKY LEE MAYO
11641 Kew Gardens Avenue
Suite 104
Palm Beach Gardens, Florida 33410
Tel. No.: 561-684-6600
Fax No.: 561-622-6288
Primary: pleadingsnpb@bobolaw.com
Secondary: dunlap@bobolaw.com
/s/David C. Dunham, Eso.
By:
James L. White, Ill, Esq.
Florida Bar No.: 0325030
E-mail: white@bobolaw.com
David C. Dunham, Esquire
Florida Bar Number: 989990
E-mail: dunham@bobolaw.com
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Filing # 91094499 E-Filed 06/14/2019 09:09:00 AM IN THE CIRCUIT COURT OF THE FIFTHTEETH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 2018-CA-015498-XXXX-MB ERROLL INNISS, Plaintiff, vs. THE FLORIDA HIGHWAY PATROL, A division of FLORIDA DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, an Agency of the State of Florida, and TROOPER RICKY LEE MAYO, Defendants. / DEFENDANTS’, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO, MOTION FOR CASE MANAGEMENT CONFERENCE COME NOW, Defendants, THF FLORIDA HIGHWAY PATROL and TROOPER RICKY LEE MAYO, by and through their undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.200, file this, their Motion for Case Management Conference, and in support thereof state the following: 1. This case arises from a motor vehicle accident occurring on April 18, 2016 in Palm Beach County, Florida. 2. The operative Complaint was filed on December 10, 2018, and served on FHP and TROOPER MAYO, on December 13, 2018 and December 18, 2018, respectively. 3. The Answers and Affirmative Defenses for both Defendants were filed on January 18, 2019. CHEN. DAIAARCACUAAIINTY Cl CUADAND ANFY FLED neil Ainnsana-na-nn Ana PILL. PAL BLAU VUUINE TT, PL, OHI. DUUN, ULLIAN, Yur itZu ig ug.ug.uU mvInniss V_FHP and Mayo CASE NO.: 2018-CA-015498 MOTION FOR CASE MANAGEMENT CONFERENCE Page 2 of 3 4. Although the Plaintiff was deposed on April 16, 2019, the parties are still working their way through discovery, including the depositions of the Defendant’s and their representatives, and the subpoenaing and retrieval of records of past and present providers and treaters, some of who were learned of during the deposition of the Plaintiff. 5. Defendants would be extremely prejudiced by not having sufficient time to complete discovery, including the failure to obtain Plaintiff's treatment records and outstanding medical bills, including past and present treaters, and testimony from the parties to know what fact witnesses and treaters to depose and experts to retain to be able to adequately evaluate this case and prepare its defenses for trial. 6. Accordingly, Defendants, through their undersigned counsel are requesting a Case Management Conference as allowed under Florida Rules of Civil Procedure 1.200 in order to develop and effectuate an orderly, practical schedule for the efficient administration of this case, including deadlines for the cut off of discovery, disclosure of witnesses and experts, dispositive motions, and trial setting reflective of the issues that developed in this case, particularly those related to the needed records and information needed to for the proper adjudication of this case on the merits. WHEREFORE, Defendants, THE FLORIDA HIGHWAY PATROL and TROOPER Senshi ec RICNT LEE MATYU, fespecuuily fequest UlS VOUTL Elen afl Orgel OF COlivene a Udse Management Conference pursuant to Florida Rules of Civil Procedure 1.200, as well as any and all other relief this honorable court deems just and appropriate.Inniss V. FHP and Mayo CASE NO.: 2018-CA-015498 MOTION FOR CASE MANAGEMENT CONFERENCE Page 3 of 3 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy of the foregoing has been furnished by electronic mail only via the E-Portal to: Brett M. Steinberg, Esq. and Melanie Golden, Esq. of Steinberg Law, PA., 10 S.E. 1% Ave, Ste. C, Delray Beach, FL 33444 on this 14th day of June, 2019. BOBO, CIOTOLI, WHITE & RUSSELL, P.A. Counsel for FLORIDA HIGHWAY PATROL and TROPPER RICKY LEE MAYO 11641 Kew Gardens Avenue Suite 104 Palm Beach Gardens, Florida 33410 Tel. No.: 561-684-6600 Fax No.: 561-622-6288 Primary: pleadingsnpb@bobolaw.com Secondary: dunlap@bobolaw.com /s/David C. Dunham, Eso. By: James L. White, Ill, Esq. Florida Bar No.: 0325030 E-mail: white@bobolaw.com David C. Dunham, Esquire Florida Bar Number: 989990 E-mail: dunham@bobolaw.com