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Filing # 103645689 E-Filed 02/20/2020 03:19:03 PM
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR INDIAN RIVER COUNTY, FLORIDA
LEAH M. HUBBARD CASENO. 312019CA000232
Plaintiff
CIVIL DIVISION
vs.
E, CLAYTON YATES, P.A.
Defendant(s).
/
MOTION TO STRIKE NOTICE OF HEARING, SPECIAL APPOINTMENT-15
MINUTE RESERVED
COMES NOW the Plaintiff, LEAH M. HUBBARD, and respectfully moves this
Honorable Court to grant this Motion to Strike Notice of Hearing, Special Appointment-15
Minute Reserved and as grounds therefor would show:
1. On October 10, 2019, this Court heard the Defendant’s Motion for Summary Final
Judgment with prejudice and entered an Order Granting Defendant, E. Clayton Yates, P.A.’s
Motion for Final Summary Judgment without prejudice and Final Judgment in Favor of
Defendant per the Court’s transcript allowing the Plaintiff to pursue exoneration in the Criminal
court Indian River County, FL.
2. On October 18, 2019, the Defendant filed Defendant’s Motion to Determine Entitlement
to Attorney’s Fees and Motion for Entry of Attorney’s Fees Judgment.
3. On October 21, 2019, the Defendant filed Defendant’s Motion to Tax Costs.
4. On October 29, 2019, the Defendant filed a Notice of Hearing, Motion Calendar, for
November 8, 2019 at 8:30 a.m. for Defendant’s Motion to Tax Costs and Defendant’s Motion to
Determine Entitlement to Attorney’s Fees and Motion for Entry of Attorney’s Fees Judgment.
5. On November 8, 2019 at 8:30 a.m. the Plaintiff and the Defendant’s counsel were present
before this Court and both parties made argument regarding the Motion to Tax Costs andDefendant’s Motion to Determine Entitlement to Attorney’s Fees and Motion for Entry of
Attorney’s Fees Judgment. This Court determined that the hearings were not ripe because the
Plaintiff was seeking exoneration in the criminal court Indian River County which has not been
resolved,
6. On November 8, 2019, the Defendant’s counsel chased the Plaintiff down the hallway
attempting to force resolution of the attorney’s fees and threatening the Plaintiff that “I will get
attorney’s fees from you because you’re GUILTY”. This Court’s bailiff was standing at the
courtroom door when counsel threatened the Plaintiff.
7. On or about February 11, 2020, the Plaintiff received an email from the Defendant’s
counsel regarding communications with this Court for case Odom & Sirmons v. JMT, et al; Case
No. 312017000881XXXXX together with an e-mail with available dates to set attorney’s fees
from the defendant’s counsel’s office staff. The Plaintiff disregarded the emails because she is
not a party to this action.
8. On February 12, 2020, the Plaintiff received another an e-mail from Defendant's
counsel’s office requesting setting a hearing. The Plaintiff responded that she was not a party to
the case. The Defendant’s counsel’s office responded that it was for a case she is a party to the
Plaintiff responded that she had not received a new Motion for Attormey’s fees.
9. The Plaintiff received no additional correspondence from the Defendant’s counsel's
office.
10. On February 19, 2020, the Plaintiff received a Notice of Hearing, Special Appointment
15 minutes Reserved for the Defendant’s Motion to Tax Costs. The Notice states that the
“Movant counsel certifies that a bona fide effort to agree or to narrow the issues on the Motion
was made before this Motion was set on the Court's calendar”,iL. The Plaintiff is unaware if the Court will be hearing the October 21, 2019 Motion to Tax
Costs already heard and denied on November 8, 2019 nor has the movant’s counsel made a bona
fide effort, other than threats on November 8, 2019, to narrow down the issues.
12. In addition to, the Plaintiffs counsel, Patrick E. MacRae, Esquire has withdrawn as the
Plaintiff's counsel in the criminal court for medical reasons and Ryan DiGiovanni, Esquire will
be filing his Notice of Appearance, after his honeymoon, on or about March 1, 2020. The 3.850
Motions are still pending in the criminal court Indian River County, FL and there has been no
change since the Court’s Order dated October 16, 2019,
13. For judicial economy, the Plaintiff is asking this Court to strike the Defendant’s Notice of
Hearing, Special Appointment — 15 Minutes Reserved for the Defendant’s Motion to T, ax Costs
and set said hearing when it is ripe for ruling.
WHEREFORE, the Plaintiff prays that this Honorable Court grant the Plaintiff's Motion
to Strike Notice of Hearing, Special Appointment — 15 Minutes Reserved and for any other
further relief this Court deems just and proper.
CERTIFICATE OF SERVICE
IT HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-
service to Jeffrey K. Rubin, Esq., simberg.com and
berg.com, this 20" day of February, 2020.
ae
5820 33" Street
Vero Beach, FL 32966
407-866-4931
leahhubbard0706@gmail.comFiling # 98055646 E-Filed 10/29/2019 03:43:23 PM
1932201
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY,
FLORIDA
CASE NO. 312019CA00232
LEAH M. HUBBARD,
Plaintiff,
ve
E. CLAYTON YATES, P.A.,
Defendant.
/
NOTICE OF HEARING
MOTION CALENDAR
TO: Ms. Leah M. Hubbard, Pro Se
Pro Se
2046 79th Avenue
Vero Beach, FL 32966
leahhubbard0706@gmail.com
YOU ARE HEREBY NOTIFIED that the above is set down for hearing upon the
following matters:
DEFENDANT'S MOTION TO TAX COSTS AND DEFENDANT'S MOTION TO
DETERMINE ENTITLEMENT TO ATTORNEY'S FEES AND MOTION FOR ENTRY OF
ATTORNEY'S FEES JUDGMENT
before the Honorable Janet Croom, one of the Judges of the above-styled Court, on the
8th day of November, 2019, at 8:30 a.m., or as soon thereafter as may be heard, in her
Chambers at the indian River County Courthouse, 2000 16th Avenue, Vero Beach, FL
32960.
PLEASE GOVERN YOURSELF ACCORDINGLY.CASE NO. 312019CA00232
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy hereof has been furnished by service through the
eportal to Leah M. Hubbard, Pro Se, 2046 79th Avenue, Vero Beach, FL 32966, Pro Se
on this 29th day of October, 2019.
CONROY SIMBERG
Attorney for Defendant, E. Clayton Yates, P.A.
1801 Centrepark Drive East, Suite 200
West Palm Beach, FL 33401
Telephone: 561-697-8088
Facsimile: 561-697-8664
Primary Email: eservicewpb@conroysimberg.com
Secondary Email: jlurvey@conroysimberg.com
By: /s/ Jeffrey K. Rubin
Jeffrey K. Rubin, Esquire
Florida Bar No. 042084
ADA NOTICE
Ifyou are a person with a disability who needs any accommodation in order
to participate in this preceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact ADA Coordinator, 250 NW
Country Club Drive, Suite 217, Port St. Lucie, FL 34986, (772) 807-4370 at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.Filing # 97319301 E-Filed 10/15/2019 04:01:44 PM
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY,
FLORIDA
CASE NO. 312018CA00232
(CONSOLIDATED WITH CASE NO. 2018 CC 001057)
LEAH M. HUBBARD,
Plaintiff,
v.
E. CLAYTON YATES, P.A.,
Defendant.
/
ORDER ON DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL
SUMMARY JUDGMENT
THIS CAUSE having come on to be heard on the Defendant, E. CLAYTON
YATES, P.A’s, Motion for Final Summary Judgment, and the Court having reviewed
the Defendant's Motion, Defendant's Supplemental Memorandum of Law filed on or
about August 19, 2019, the materials filed by Plaintiff, and being otherwise advised in
the premises, it is hereupon,
ORDERED and ADJUDGED that the Defendant, E. CLAYTON YATES, P.A's,
Motion for Final Summary Judgment is (GRANTED? DENIES oy the
reasons Stated on the teeov Louth
Venserspe Plat pf (tt Aefbe A Akan Saf
i La. d, Supe Saded lt.CASE NO. 312019CA00232
ORDER ON DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL SUMMARY
JUDGMENT
\
\
\o
DONE AND ORDERED in Chambers, at Vero Beach, Indian River County,
Florida, this_/O day of DrA&<4 2019. *
CNL
HONORABLE JANET a CROOM
CIRCUIT COURT JUDGE
Copies furnished to:
Jeffrey K. Rubin, Esquire, Conroy Simberg, Defendant's counsel, 1801 Centrepark
Drive East, Suite 200, West Palm Beach, FL 33401, jrubin@conroysimber com,
eservicewpb@conroysimberg.com
Leah M. Hubbard, Plaintiff Pro Se, leahhubbard0706. mail.com, 2046 79th
Avenue, Vero Beach, FL 32966 .
E. Clayton Yates, Esq., Counsel for Defendant / Counter-Plaintiff in consolidated
case, cyates@feevatesiaw.com, Fee, Yates & Fee, PLLC, 426 Avenue A, Fort
Pierce, Florida 34950 .
Patrick MacRae, Esq., Counsel for Plaintiff (limited appearance), 1358 Bayshore
Drive, Fort Pierce, FL 34949, attorneymacrae@yahoo.comFiling # 97319301 E-Filed 10/15/2019 04:01:44 PM
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY,
FLORIDA
CASE NO. 312019CA00232
(CONSOLIDATED WITH CASE NO. 2018 CC 001057)
LEAH M. HUBBARD,
Plaintiff,
v.
E. CLAYTON YATES, P.A.,
Defendant.
/
ORDER GRANTING DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION
FOR FINAL SUMMARY JUDGMENT,
AND,
FINAL JUDGMENT IN FAVOR OF THE DEFENDANT
THIS CAUSE having come on to be heard on the Defendant, E. CLAYTON
YATES, P.A.’s, Motion for Final Summary Judgment, and the Court having
reviewed the Defendant's Motion, Defendant's Supplemental Memorandum of Law
filed on or about August 19, 2019, the materials filed by Plaintiff, and being
otherwise advised in the premises, it is hereupon,
ORDERED and ADJUDGED that the Defendant, E. CLAYTON YATES,
P.A.’s, Motion Final Summary Judgment is GRANTEDp ef the Court
tran nis Psocep that the Plaintiff, LEAH HUBBARD, shall take nothing by
this action and the Defendant, E. CLAYTON YATES, P.A., shall go hence without
day. This Court expressly reserves jurisdiction to determine the Defendant'sCASE NO. 312019CA00232
ORDER GRANTING DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL
SUMMARY JUDGMENT, AND, FINAL JUDGMENT IN FAVOR OF THE DEFENDANT
entitlement to taxable costs and attorney's fees upon proper motion(s) filed by the
Defendant.
DONE AND ORDERED in Chambers, at Vero Beach, Indian River County,
Florida, this_/O day of__OcbK.4 _, 2019.
A -
HONORABLE JANET CARNEY CROOM
CIRCUIT COURTJUDGE
Copies furnished to:
Jeffrey K. Rubin, Esquire, Conroy Simberg, Defendant's counsel, 1801 Centrepark
Drive East, Suite 200, West Palm Beach, FL 33401, jrubin@conroysimberg.com,
eservicewob@conroysimberg.com
Leah M. Hubbard, Plaintiff Pro Se, leahhubbard0706@gmail.com, 2046 79th Avenue,
Vero Beach, FL 32966
E. Clayton Yates, Esq., Counsel for Defendant / Counter-Plaintiff in consolidated case,
cyates@feeyateslaw.com, Fee, Yates & Fee, PLLC, 426 Avenue A, Fort Pierce, Florida
34950
Patrick MacRae, Esq., Counsel for Plaintiff (limited appearance), 1358 Bayshore Drive,
Fort Pierce, FL 34949, attorneymacrae@yahoo.coma
Odom & Sirmons v. JMT, et al; Case No. 312017000881 XXXXX
JKR-Jeffrey K. Rubin Tue, Feb 11, 2020 at 1:41 PM
To: IRCJudge2
Cc: Clay Yates , Sarahbeth Pesta , Leah Hubbard
Dear Judge Croom:
We represent Defendant, Johnson, Mirmiran & Thompson, tne. ("JMT"). In advance of the special set hearings
on February 26, 2020 during the 1:00 p.m. and 2:30 p.m. blocks on the Defendants’ MT and Jacob
Engineering's Motions for Summary Judgment in the above-referenced case, we enclose for your review: (1)
the notice of hearing in PDF format; (2) the Defendant's Motion for Final Summary Judgment with exhibits
thereto and the applicable version of Section 768.28, Florida Statutes in PDE format; and, (3) draft blank Order
on the Motion and a draft Order granting the Motion and entering Final Summary Judgment, both of which are
in word format. | attach a cover letter as well. Should you have any questions, please have your judicial
assistant contact me at any time.
Regards,
Jeff Rubin
| JEFFREY K. RUBIN
PARTNER
(561) 697-8088
(561) 478-6090 (Direct)
(561) 697-8664 (Fax)
1801 Centrepark Drive East
Suite 200
West Palm Beach, FL 33401IVILEGE J
may be legal
the party or pi
confidenti:
is covered by
The conte
‘This com
Procedure
tachments.
y action in retia
From: JKR-Jeffrey K. Rubin
Sent: Monday, September 23, 2019 1:22 PM
To: IRCJudge2'<
; ‘Leah Hubbard’
Cc: 'Clay Yates’ <
<| ib
FGU
Subject: Hubbard v. E.
Os
uv E>
layton Yates, PA.; case no. 312019CA00232
Dear Judge Croom:
| represent the Defendant, E. Clayton Yates, PA., in the above-referenced civil action. In
advance of the October 10, 2019 hearing at 11:00 a.m. on the Defendant’s Motion for
Final Summary Judgment, | attach in PDF format, a cover letter, the Defendant's hearing
binder including a table of contents, Defendant's Motion, Defendant’s Supplemental
Memorandum in support of the Motion, Defendant's Notices of Supplementai Legal
Authority, and pertinent legal authority cited in the Motion. Thank you for your continued
courtesy.
Regards,
Jeff Rubin
JEFFREY K. RUBIN
ASSOCIATE
(561) 697-8088
(561) 478-6090 (Direct)
(561) 697-8664 (Fax)
1801 Centrepark Drive East
Suite 200
West Paim Beach, FL 33401i
PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered hy the Electronic Communications Privacy Act, 18 U.S.C. 2510-2522 and
may be legally privileged pursuant to Florida Statute 90.502, The contents of this e-mail message and any attachments are intended solely for
the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain
confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of
this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail, delete this message
and its attachments and, if the recipient is an attorney or legal assistant, please immediately comply with Florida Rule of Civil Procedure
1,.285(b). Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.
Although this E-mail and any attachments are believed to be free of. any virus or other defect that might affect any computer system into which
itis received and opened, itis the responsibility of the recipient to ensure that itis virus free and no responsibility is accepted by Conroy
Simberg for damage arising in any way from its use.M
Our File Number: 1932201 Hubbard, Leah
DZM-Dina M. Mayorga
To: leahhubbard0706@gmail.com
Good afternoon,
We wouid like to schedule a Special Set Hearing on Defendant's Motion to Tax Cost, and Defendant's Motion
for Attorney Fees. These are the dates Honorable Judge Janey Croom is available:
March 4" at 9:00a.m. or 12p.m.
March 5" at 9:10a.m. or 10:00a.m. or 11:00a.m.
March 234 at 8:30a.m.
Kindly advise as to which date works best for you
Thank you,
Dina Mayorga
DINA M. MAYORGA
SCHEDULING ASSISTANT
(561) 697-8088
s MN .
1801 Centrepark Drive East
Suite 200
West Paim Beach, FL 33401PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C . 2510-2522 and
may be legally privileged pursuant to Florida Statute 90.502. The contents of this e-mail message and any attachments are intended solely for
the party or parties addressed and named in this message, This communication and all attachments, if any, are intended to he and to remain
confidential, and it may be subject to the applicable attorney - client and or work product privileges. if you are not the intended recipient of
this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail, delete this message
and its attachments and, if the recipient is an attorney or legal assistant, please immediately comply with Florida Rule of Civil Procedure
1.285(b). Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.
Although this E-mail and any attachments are believed to be free of. any virus or other defect that might affect any computer: ‘system into which
itis received and opened, itis the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Conroy
Simberg for damage arising in any way from its use.Filing # 103576814 E-Filed 02/19/2020 03:56:01 PM
1932201
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY,
FLORIDA
CASE NO. 312019CA00232
LEAH M. HUBBARD,
Plaintiff,
Vv.
E. CLAYTON YATES, P.A.,
Defendant.
/
NOTICE OF HEARING
SPECIAL APPOINTMENT-15 MINUTES RESERVED
YOU ARE HEREBY NOTIFIED that the above is set down for hearing upon the
following matters:
DEFENDANT'S MOTION TO TAX COSTS
before the Honorable Janet Croom, one of the Judges of the above-styled Court, on the
Ath day of March, 2020, at 9:00a.m., or as soon thereafter as may be heard, in her
Chambers at the Indian River County Courthouse, 218 S 2" St., Fort Pierce, FL 34950.
PLEASE GOVERN YOURSELF ACCORDINGLY.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy hereof has been furnished by service through the
eportal to Leah M. Hubbard, Pro Se, 2046 79th Avenue, Vero Beach, FL 32966, Pro Se
on this __19 day of February , 2020.
Movant's counsel certifies thata CONROY SIMBERG
bona fide effort to agree or to Attorney for Defendant, E. Clayton Yates, P.A.
narrow the issues on the Motion 1801 Centrepark Drive East, Suite 200
West Palm Beach, FL 33401CASE NO. 312019CA00232
was made before this Motion Telephone: 561-697-8088
was set on the Court’s calendar. Facsimile: 561-697-8664
Primary Email: eservicewpb@conroysimberg.com
Secondary Email: jlurvey@conroysimberg.com
By: /s/ Jeffrey K. Rubin
John A. Lurvey, Esquire
Florida Bar No. 570222
Jeffrey K. Rubin, Esquire
Florida Bar No. 042084
cc: Judge w/Motion
(Court Reporter)
ADA NOTICE
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact ADA Coordinator, 250 NW
Country Club Drive, Suite 217, Port St. Lucie, FL 34986, (772) 807-4376 at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
Preview
Filing # 103645689 E-Filed 02/20/2020 03:19:03 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA LEAH M. HUBBARD CASENO. 312019CA000232 Plaintiff CIVIL DIVISION vs. E, CLAYTON YATES, P.A. Defendant(s). / MOTION TO STRIKE NOTICE OF HEARING, SPECIAL APPOINTMENT-15 MINUTE RESERVED COMES NOW the Plaintiff, LEAH M. HUBBARD, and respectfully moves this Honorable Court to grant this Motion to Strike Notice of Hearing, Special Appointment-15 Minute Reserved and as grounds therefor would show: 1. On October 10, 2019, this Court heard the Defendant’s Motion for Summary Final Judgment with prejudice and entered an Order Granting Defendant, E. Clayton Yates, P.A.’s Motion for Final Summary Judgment without prejudice and Final Judgment in Favor of Defendant per the Court’s transcript allowing the Plaintiff to pursue exoneration in the Criminal court Indian River County, FL. 2. On October 18, 2019, the Defendant filed Defendant’s Motion to Determine Entitlement to Attorney’s Fees and Motion for Entry of Attorney’s Fees Judgment. 3. On October 21, 2019, the Defendant filed Defendant’s Motion to Tax Costs. 4. On October 29, 2019, the Defendant filed a Notice of Hearing, Motion Calendar, for November 8, 2019 at 8:30 a.m. for Defendant’s Motion to Tax Costs and Defendant’s Motion to Determine Entitlement to Attorney’s Fees and Motion for Entry of Attorney’s Fees Judgment. 5. On November 8, 2019 at 8:30 a.m. the Plaintiff and the Defendant’s counsel were present before this Court and both parties made argument regarding the Motion to Tax Costs andDefendant’s Motion to Determine Entitlement to Attorney’s Fees and Motion for Entry of Attorney’s Fees Judgment. This Court determined that the hearings were not ripe because the Plaintiff was seeking exoneration in the criminal court Indian River County which has not been resolved, 6. On November 8, 2019, the Defendant’s counsel chased the Plaintiff down the hallway attempting to force resolution of the attorney’s fees and threatening the Plaintiff that “I will get attorney’s fees from you because you’re GUILTY”. This Court’s bailiff was standing at the courtroom door when counsel threatened the Plaintiff. 7. On or about February 11, 2020, the Plaintiff received an email from the Defendant’s counsel regarding communications with this Court for case Odom & Sirmons v. JMT, et al; Case No. 312017000881XXXXX together with an e-mail with available dates to set attorney’s fees from the defendant’s counsel’s office staff. The Plaintiff disregarded the emails because she is not a party to this action. 8. On February 12, 2020, the Plaintiff received another an e-mail from Defendant's counsel’s office requesting setting a hearing. The Plaintiff responded that she was not a party to the case. The Defendant’s counsel’s office responded that it was for a case she is a party to the Plaintiff responded that she had not received a new Motion for Attormey’s fees. 9. The Plaintiff received no additional correspondence from the Defendant’s counsel's office. 10. On February 19, 2020, the Plaintiff received a Notice of Hearing, Special Appointment 15 minutes Reserved for the Defendant’s Motion to Tax Costs. The Notice states that the “Movant counsel certifies that a bona fide effort to agree or to narrow the issues on the Motion was made before this Motion was set on the Court's calendar”,iL. The Plaintiff is unaware if the Court will be hearing the October 21, 2019 Motion to Tax Costs already heard and denied on November 8, 2019 nor has the movant’s counsel made a bona fide effort, other than threats on November 8, 2019, to narrow down the issues. 12. In addition to, the Plaintiffs counsel, Patrick E. MacRae, Esquire has withdrawn as the Plaintiff's counsel in the criminal court for medical reasons and Ryan DiGiovanni, Esquire will be filing his Notice of Appearance, after his honeymoon, on or about March 1, 2020. The 3.850 Motions are still pending in the criminal court Indian River County, FL and there has been no change since the Court’s Order dated October 16, 2019, 13. For judicial economy, the Plaintiff is asking this Court to strike the Defendant’s Notice of Hearing, Special Appointment — 15 Minutes Reserved for the Defendant’s Motion to T, ax Costs and set said hearing when it is ripe for ruling. WHEREFORE, the Plaintiff prays that this Honorable Court grant the Plaintiff's Motion to Strike Notice of Hearing, Special Appointment — 15 Minutes Reserved and for any other further relief this Court deems just and proper. CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e- service to Jeffrey K. Rubin, Esq., simberg.com and berg.com, this 20" day of February, 2020. ae 5820 33" Street Vero Beach, FL 32966 407-866-4931 leahhubbard0706@gmail.comFiling # 98055646 E-Filed 10/29/2019 03:43:23 PM 1932201 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO. 312019CA00232 LEAH M. HUBBARD, Plaintiff, ve E. CLAYTON YATES, P.A., Defendant. / NOTICE OF HEARING MOTION CALENDAR TO: Ms. Leah M. Hubbard, Pro Se Pro Se 2046 79th Avenue Vero Beach, FL 32966 leahhubbard0706@gmail.com YOU ARE HEREBY NOTIFIED that the above is set down for hearing upon the following matters: DEFENDANT'S MOTION TO TAX COSTS AND DEFENDANT'S MOTION TO DETERMINE ENTITLEMENT TO ATTORNEY'S FEES AND MOTION FOR ENTRY OF ATTORNEY'S FEES JUDGMENT before the Honorable Janet Croom, one of the Judges of the above-styled Court, on the 8th day of November, 2019, at 8:30 a.m., or as soon thereafter as may be heard, in her Chambers at the indian River County Courthouse, 2000 16th Avenue, Vero Beach, FL 32960. PLEASE GOVERN YOURSELF ACCORDINGLY.CASE NO. 312019CA00232 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy hereof has been furnished by service through the eportal to Leah M. Hubbard, Pro Se, 2046 79th Avenue, Vero Beach, FL 32966, Pro Se on this 29th day of October, 2019. CONROY SIMBERG Attorney for Defendant, E. Clayton Yates, P.A. 1801 Centrepark Drive East, Suite 200 West Palm Beach, FL 33401 Telephone: 561-697-8088 Facsimile: 561-697-8664 Primary Email: eservicewpb@conroysimberg.com Secondary Email: jlurvey@conroysimberg.com By: /s/ Jeffrey K. Rubin Jeffrey K. Rubin, Esquire Florida Bar No. 042084 ADA NOTICE Ifyou are a person with a disability who needs any accommodation in order to participate in this preceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact ADA Coordinator, 250 NW Country Club Drive, Suite 217, Port St. Lucie, FL 34986, (772) 807-4370 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.Filing # 97319301 E-Filed 10/15/2019 04:01:44 PM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO. 312018CA00232 (CONSOLIDATED WITH CASE NO. 2018 CC 001057) LEAH M. HUBBARD, Plaintiff, v. E. CLAYTON YATES, P.A., Defendant. / ORDER ON DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL SUMMARY JUDGMENT THIS CAUSE having come on to be heard on the Defendant, E. CLAYTON YATES, P.A’s, Motion for Final Summary Judgment, and the Court having reviewed the Defendant's Motion, Defendant's Supplemental Memorandum of Law filed on or about August 19, 2019, the materials filed by Plaintiff, and being otherwise advised in the premises, it is hereupon, ORDERED and ADJUDGED that the Defendant, E. CLAYTON YATES, P.A's, Motion for Final Summary Judgment is (GRANTED? DENIES oy the reasons Stated on the teeov Louth Venserspe Plat pf (tt Aefbe A Akan Saf i La. d, Supe Saded lt.CASE NO. 312019CA00232 ORDER ON DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL SUMMARY JUDGMENT \ \ \o DONE AND ORDERED in Chambers, at Vero Beach, Indian River County, Florida, this_/O day of DrA&<4 2019. * CNL HONORABLE JANET a CROOM CIRCUIT COURT JUDGE Copies furnished to: Jeffrey K. Rubin, Esquire, Conroy Simberg, Defendant's counsel, 1801 Centrepark Drive East, Suite 200, West Palm Beach, FL 33401, jrubin@conroysimber com, eservicewpb@conroysimberg.com Leah M. Hubbard, Plaintiff Pro Se, leahhubbard0706. mail.com, 2046 79th Avenue, Vero Beach, FL 32966 . E. Clayton Yates, Esq., Counsel for Defendant / Counter-Plaintiff in consolidated case, cyates@feevatesiaw.com, Fee, Yates & Fee, PLLC, 426 Avenue A, Fort Pierce, Florida 34950 . Patrick MacRae, Esq., Counsel for Plaintiff (limited appearance), 1358 Bayshore Drive, Fort Pierce, FL 34949, attorneymacrae@yahoo.comFiling # 97319301 E-Filed 10/15/2019 04:01:44 PM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO. 312019CA00232 (CONSOLIDATED WITH CASE NO. 2018 CC 001057) LEAH M. HUBBARD, Plaintiff, v. E. CLAYTON YATES, P.A., Defendant. / ORDER GRANTING DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL SUMMARY JUDGMENT, AND, FINAL JUDGMENT IN FAVOR OF THE DEFENDANT THIS CAUSE having come on to be heard on the Defendant, E. CLAYTON YATES, P.A.’s, Motion for Final Summary Judgment, and the Court having reviewed the Defendant's Motion, Defendant's Supplemental Memorandum of Law filed on or about August 19, 2019, the materials filed by Plaintiff, and being otherwise advised in the premises, it is hereupon, ORDERED and ADJUDGED that the Defendant, E. CLAYTON YATES, P.A.’s, Motion Final Summary Judgment is GRANTEDp ef the Court tran nis Psocep that the Plaintiff, LEAH HUBBARD, shall take nothing by this action and the Defendant, E. CLAYTON YATES, P.A., shall go hence without day. This Court expressly reserves jurisdiction to determine the Defendant'sCASE NO. 312019CA00232 ORDER GRANTING DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL SUMMARY JUDGMENT, AND, FINAL JUDGMENT IN FAVOR OF THE DEFENDANT entitlement to taxable costs and attorney's fees upon proper motion(s) filed by the Defendant. DONE AND ORDERED in Chambers, at Vero Beach, Indian River County, Florida, this_/O day of__OcbK.4 _, 2019. A - HONORABLE JANET CARNEY CROOM CIRCUIT COURTJUDGE Copies furnished to: Jeffrey K. Rubin, Esquire, Conroy Simberg, Defendant's counsel, 1801 Centrepark Drive East, Suite 200, West Palm Beach, FL 33401, jrubin@conroysimberg.com, eservicewob@conroysimberg.com Leah M. Hubbard, Plaintiff Pro Se, leahhubbard0706@gmail.com, 2046 79th Avenue, Vero Beach, FL 32966 E. Clayton Yates, Esq., Counsel for Defendant / Counter-Plaintiff in consolidated case, cyates@feeyateslaw.com, Fee, Yates & Fee, PLLC, 426 Avenue A, Fort Pierce, Florida 34950 Patrick MacRae, Esq., Counsel for Plaintiff (limited appearance), 1358 Bayshore Drive, Fort Pierce, FL 34949, attorneymacrae@yahoo.coma Odom & Sirmons v. JMT, et al; Case No. 312017000881 XXXXX JKR-Jeffrey K. Rubin Tue, Feb 11, 2020 at 1:41 PM To: IRCJudge2 Cc: Clay Yates , Sarahbeth Pesta , Leah Hubbard Dear Judge Croom: We represent Defendant, Johnson, Mirmiran & Thompson, tne. ("JMT"). In advance of the special set hearings on February 26, 2020 during the 1:00 p.m. and 2:30 p.m. blocks on the Defendants’ MT and Jacob Engineering's Motions for Summary Judgment in the above-referenced case, we enclose for your review: (1) the notice of hearing in PDF format; (2) the Defendant's Motion for Final Summary Judgment with exhibits thereto and the applicable version of Section 768.28, Florida Statutes in PDE format; and, (3) draft blank Order on the Motion and a draft Order granting the Motion and entering Final Summary Judgment, both of which are in word format. | attach a cover letter as well. Should you have any questions, please have your judicial assistant contact me at any time. Regards, Jeff Rubin | JEFFREY K. RUBIN PARTNER (561) 697-8088 (561) 478-6090 (Direct) (561) 697-8664 (Fax) 1801 Centrepark Drive East Suite 200 West Palm Beach, FL 33401IVILEGE J may be legal the party or pi confidenti: is covered by The conte ‘This com Procedure tachments. y action in retia From: JKR-Jeffrey K. Rubin Sent: Monday, September 23, 2019 1:22 PM To: IRCJudge2'< ; ‘Leah Hubbard’ Cc: 'Clay Yates’ < <| ib FGU Subject: Hubbard v. E. Os uv E> layton Yates, PA.; case no. 312019CA00232 Dear Judge Croom: | represent the Defendant, E. Clayton Yates, PA., in the above-referenced civil action. In advance of the October 10, 2019 hearing at 11:00 a.m. on the Defendant’s Motion for Final Summary Judgment, | attach in PDF format, a cover letter, the Defendant's hearing binder including a table of contents, Defendant's Motion, Defendant’s Supplemental Memorandum in support of the Motion, Defendant's Notices of Supplementai Legal Authority, and pertinent legal authority cited in the Motion. Thank you for your continued courtesy. Regards, Jeff Rubin JEFFREY K. RUBIN ASSOCIATE (561) 697-8088 (561) 478-6090 (Direct) (561) 697-8664 (Fax) 1801 Centrepark Drive East Suite 200 West Paim Beach, FL 33401i PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered hy the Electronic Communications Privacy Act, 18 U.S.C. 2510-2522 and may be legally privileged pursuant to Florida Statute 90.502, The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail, delete this message and its attachments and, if the recipient is an attorney or legal assistant, please immediately comply with Florida Rule of Civil Procedure 1,.285(b). Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of. any virus or other defect that might affect any computer system into which itis received and opened, itis the responsibility of the recipient to ensure that itis virus free and no responsibility is accepted by Conroy Simberg for damage arising in any way from its use.M Our File Number: 1932201 Hubbard, Leah DZM-Dina M. Mayorga To: leahhubbard0706@gmail.com Good afternoon, We wouid like to schedule a Special Set Hearing on Defendant's Motion to Tax Cost, and Defendant's Motion for Attorney Fees. These are the dates Honorable Judge Janey Croom is available: March 4" at 9:00a.m. or 12p.m. March 5" at 9:10a.m. or 10:00a.m. or 11:00a.m. March 234 at 8:30a.m. Kindly advise as to which date works best for you Thank you, Dina Mayorga DINA M. MAYORGA SCHEDULING ASSISTANT (561) 697-8088 s MN . 1801 Centrepark Drive East Suite 200 West Paim Beach, FL 33401PRIVILEGE AND CONFIDENTIALITY NOTICE : This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C . 2510-2522 and may be legally privileged pursuant to Florida Statute 90.502. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message, This communication and all attachments, if any, are intended to he and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. if you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail, delete this message and its attachments and, if the recipient is an attorney or legal assistant, please immediately comply with Florida Rule of Civil Procedure 1.285(b). Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of. any virus or other defect that might affect any computer: ‘system into which itis received and opened, itis the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Conroy Simberg for damage arising in any way from its use.Filing # 103576814 E-Filed 02/19/2020 03:56:01 PM 1932201 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO. 312019CA00232 LEAH M. HUBBARD, Plaintiff, Vv. E. CLAYTON YATES, P.A., Defendant. / NOTICE OF HEARING SPECIAL APPOINTMENT-15 MINUTES RESERVED YOU ARE HEREBY NOTIFIED that the above is set down for hearing upon the following matters: DEFENDANT'S MOTION TO TAX COSTS before the Honorable Janet Croom, one of the Judges of the above-styled Court, on the Ath day of March, 2020, at 9:00a.m., or as soon thereafter as may be heard, in her Chambers at the Indian River County Courthouse, 218 S 2" St., Fort Pierce, FL 34950. PLEASE GOVERN YOURSELF ACCORDINGLY. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy hereof has been furnished by service through the eportal to Leah M. Hubbard, Pro Se, 2046 79th Avenue, Vero Beach, FL 32966, Pro Se on this __19 day of February , 2020. Movant's counsel certifies thata CONROY SIMBERG bona fide effort to agree or to Attorney for Defendant, E. Clayton Yates, P.A. narrow the issues on the Motion 1801 Centrepark Drive East, Suite 200 West Palm Beach, FL 33401CASE NO. 312019CA00232 was made before this Motion Telephone: 561-697-8088 was set on the Court’s calendar. Facsimile: 561-697-8664 Primary Email: eservicewpb@conroysimberg.com Secondary Email: jlurvey@conroysimberg.com By: /s/ Jeffrey K. Rubin John A. Lurvey, Esquire Florida Bar No. 570222 Jeffrey K. Rubin, Esquire Florida Bar No. 042084 cc: Judge w/Motion (Court Reporter) ADA NOTICE If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact ADA Coordinator, 250 NW Country Club Drive, Suite 217, Port St. Lucie, FL 34986, (772) 807-4376 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.