Preview
7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
DONALD A. MYERS, JR.
CIRCUIT COURT JUDGE
ORANGE COUNTY COURTHOUSE
425 N. ORANGE AVENUE
ORLANDO, FLORIDA 32801
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TO SENDER
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TG FORWARD7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA.
CASE NO.: 2017-CA-5118-O
DIVISION: 35
STAY-AT-HOME HOME HEALTH
CARE, INC., a Florida corporation,
Plaintiff,
vs.
ATLANTIS PROGRAM MANAGER OF
SOUTHEAST, LLC, a Florida limited
Liability company, d/b/a ATLANTIS
HEALTH SYSTEM; ATLANTIS GLOBAL
HOLDINGS, INC., a Delaware Corporation;
ATLANTIS GLOBAL HOLDINGS, LLC; an
Arizona limited liability company;
SYED ALI KARIM, an individual, a/k/a
S. ALI KARIM; YASIR SHAREFF, an
individual; and BRIAN Z. KATZMAN,
an individual,
Defendants.
/
ORDER OF REASSIGNMENT TO
COMPL
EX BUSINESS LITIGATION COURT
Pursuant to Administrative Order 2003-17-6, Amended Order Governing
Complex Business Litigation Court Procedures and Criteria, this case is hereby
reassigned from the Honorable Heather L Higbee (Div 35) to the Honorable
Donald A. Myers, Jr. (Div. 32). All pending motions must be brought into
compliance with the Complex Business Litigation Court rules within twenty (20)
~~~" “days. “All hearings, pre-trials or trials previously scheduled are hereby7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
Atlantis Global Holdings LLC Syed Ali Karim
7047 E Greenway Parkway 1 South Orange Avenue
Scottsdale, Arizona 85254 Suite 502
Orlando, Florida 32801
Brian Z. Katzman
1 South Orange Avenue
Suite 502
Orlando, Florida 32801
CQ
Bianca DuBose
Business Court Case Manager
cc: Judge Heather L Higbee~ foradditional time-and the amount of time requested for the hearirig” The Court ~~
7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA.
CASE NO.: 2017-CA-5118-O
DIVISION: 32
STAY-AT-HOME HOME HEALTH
CARE, INC., a Florida corporation,
Plaintiff,
vs.
ATLANTIS PROGRAM MANAGER OF
SOUTHEAST, LLC, a Florida limited
Liability company, d/b/a ATLANTIS
HEALTH SYSTEM; ATLANTIS GLOBAL
HOLDINGS, INC., a Delaware Corporation;
ATLANTIS GLOBAL HOLDINGS, LLC; an
Arizona limited liability company;
SYED ALI KARIM, an individual, a/k/a
S. ALI KARIM; YASIR SHAREFF, an
individual; and BRIAN Z. KATZMAN,
an individual,
Defendants.
/
NOTICE TO PARTIES
The parties in this case are hereby notified that the Court requires that the
parties comply with the Complex Business Litigation Court Rules. Ifa Motion
filed in this case is one listed in Rule 5.12, the parties are directed to set the
Motion, if contested, during short matters if the matter may be completed in twenty
(20) minutes or less. If the Motion requires more than twenty (20) minutes, a
Motion for Oral Argument must be filed which indicates the reason for the need7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
served by the ePortal.
Proposed Orders: The e-portal does not provide for the uploading of
proposed orders to the Court. The proposed order must be submitted pursuant to
Business Court Rule 5.14. All orders must have full titles. The Court will not sign
a document titled simply “order”. Agreed Orders: If the parties have agreed
upon the form of an order, the Movant shall provide a proposed order in paper,
along with sufficient copies and addressed, stamped envelopes for those
parties that are not participating in e-service through the statewide ePortal to
serve on all counsel/parties to the action not being served by the ePortal. The order
must be accompanied by a cover letter indicating that all counsel of record have
approved the form of the order. Contested Orders: Contested proposed orders
must be submitted in paper, along with sufficient copies and addressed,
stamped envelopes for those parties that are not participating in e-service
through the statewide ePortal to serve all counsel/parties to the action not being
served by the ePortal. In addition, the contested order must be sent, in Word
format, to the division’s courtesy copy email address. The order must’be
accompanied by a cover letter indicating that opposing counsel opposes the form
of the order and setting forth the details of opposing counsel’s opposition.7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA.
- CASE NO.: 2017-CA-5118-O
DIVISION: 32
STAY-AT-HOME HOME HEALTH
CARE, INC., a Florida corporation,
Plaintiff,
vs.
ATLANTIS PROGRAM MANAGER OF
SOUTHEAST, LLC, a Florida limited
Liability company, d/b/a ATLANTIS
HEALTH SYSTEM; ATLANTIS GLOBAL
HOLDINGS, INC., a Delaware Corporation;
ATLANTIS GLOBAL HOLDINGS, LLC; an
Arizona limited liability company;
SYED ALI KARIM, an individual, a/k/a
S. ALI KARIM; YASIR SHAREFF, an
individual; and BRIAN Z. KATZMAN,
an individual,
Defendants.
/
ORDER DESIGNATING CASE A “COMPLEX CASE”
DIRECTIONS TO THE CLERK OF COURT
THIS CAUSE was considered to designate this case a “complex case” as
defined in rule 1.201, Fla. R. Civ. P. Being fully advised in the circumstances, the
court determines that the case meets the criteria for proceeding under the rule and
designates it as a “complex case.”
The clerk of the court shall designate this case a “complex case,” update the
court’s records accordingly, and report such designation and the case activity to the
” Suprenié Court pursuant to section 25.075 Fla. Stat. and rule 2:245(a), Fla. R. Jud.7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA.
CASE NO.: 2017-CA-5118-O
DIVISION: 32
STAY-AT-HOME HOME HEALTH
CARE, INC., a Florida corporation,
Plaintiff,
vs.
ATLANTIS PROGRAM MANAGER OF
SOUTHEAST, LLC, a Florida limited
Liability company, d/b/a ATLANTIS
HEALTH SYSTEM; ATLANTIS GLOBAL
HOLDINGS, INC., a Delaware Corporation;
ATLANTIS GLOBAL HOLDINGS, LLC; an
Arizona limited liability company;
SYED ALI KARIM, an individual, a/k/a
S. ALI KARIM; YASIR SHAREFF, an
individual; and BRIAN Z. KATZMAN,
an individual,
Defendants.
/
ORDER SETTING CASE
-MANAGEMENT CONFERENCE
Notice is hereby given that on November 16, 2017, at 10:00 AM in Hearing
Room 17B, Orange County Courthouse, 425 North Orange Avenue, Orlando,
Florida, the undersigned shall convene a Case Management Conference com")
in this cause. All documents shall be electronically filed with the Clerk of the7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
period, the
anticipated number of fact and expert depositions to be permitted and, as
appropriate, the length and sequence of such depositions;
5. Anticipated areas of any expert testimony, timing for identification of
experts,
responses to expert discovery, and exchange of expert reports;
6, An estimate of the volume of documents and computerized information
likely to be the subject of discovery from parties and nonparties and whether there
are technological means which may render document discovery more manageable
at an acceptable cost;
7. The advisability of using the general magistrate or special magistrate for
fact finding, mediation, or discovery disputes or such other matters as the parties
may agree upon;
8. The time period after the close of discovery within which post-discovery
dispositive motions shall be filed, briefed and argued and a tentative schedule for
such activities;
9, The possibility of settlement and the timing of alternative dispute
resolution, ,
including the selection of a mediator or arbitrator(s);
10. Whether or not a party or parties desire fo use technologically advanced7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
14. A good faith estimate by counsel for each party of the length of time to
try the case;
15. Whether a demand for jury trial has been made;
16. The deadline for filing motions in limine;
17. The track to which the case will be assigned. The Complex Business
Litigation Court typically employs the following management tracks: Business
Expedited (Target Trial Date within 13 months of complaint); Business Standard
(Target Trial Date within 18 months of complaint); and Business Complex (Target
Trial Date within two years of complaint) and Complex Construction. If the case
is a Complex Construction case, then the following topics shall also be addressed:
18. The selection of a Special Magistrate to be used in the case and the
compensation for the Special Magistrate;
19. Whether the parties will produce discovery through disc exchange or
through a virtual depository. If the parties select a virtual depository, then the
parties shall designate a cloud depository service;
20. The selection of a court reporting service to be used in the-case;
21. The selection of a mediator to be used in the case;
22. Deadlines for destructive testing and extrapolation support testing.
Within ten (10) days of the meeting among Trial Counsel, but no less than
“tei (10) days in adVance of the Case Management Conference; the Parties shall file ~7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was filed with the Clerk of the
Court this la aay of July, 2017 by using the Florida Courts E-Filing Portal
System. Accordingly, a copy of the foregoing is being served on this day to all
attorney(s)/interested parties identified on the ePortal Electronic Service List, via
transmission of Notices of Electronic Filing generated by the ePortal System.
THEREBY CERTIFY that a copy of the foregoing was furnished on this
\atA day of July, 2017 by U.S. Mail to:
Atlantis Program Manager Of Southeast LLC Atlantis Global Holdings Inc.
1 South Orange Avenue
Suite 502
Orlando, Florida 32801
Atlantis Global Holdings LLC
7047 E Greenway Parkway
Scottsdale, Arizona 85254
Brian Z. Katzman
1 South Orange Avenue
Suite 502 oe
Orlando, Florida 32801 °'
Corporation Trust Center
1209 Orange Street
Wilmington, Delaware 19801
Syed Ali Karim
1 South Orange Avenue
Suite 502
Orlando, Florida 32801
Bianca DuBose
Business Court Case Manager
Preview
7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL DONALD A. MYERS, JR. CIRCUIT COURT JUDGE ORANGE COUNTY COURTHOUSE 425 N. ORANGE AVENUE ORLANDO, FLORIDA 32801 uTF S2GB1iFfeES | Oh (a ZIP 32801 sor § 000.67° &: 0000344929 JUL 13 2017 ager Of Southeast LLC rer ido, Florida 32801 NEIXIE pore m B 2907/20/17 TO SENDER LE AS ADDRESSED TG FORWARD7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. CASE NO.: 2017-CA-5118-O DIVISION: 35 STAY-AT-HOME HOME HEALTH CARE, INC., a Florida corporation, Plaintiff, vs. ATLANTIS PROGRAM MANAGER OF SOUTHEAST, LLC, a Florida limited Liability company, d/b/a ATLANTIS HEALTH SYSTEM; ATLANTIS GLOBAL HOLDINGS, INC., a Delaware Corporation; ATLANTIS GLOBAL HOLDINGS, LLC; an Arizona limited liability company; SYED ALI KARIM, an individual, a/k/a S. ALI KARIM; YASIR SHAREFF, an individual; and BRIAN Z. KATZMAN, an individual, Defendants. / ORDER OF REASSIGNMENT TO COMPL EX BUSINESS LITIGATION COURT Pursuant to Administrative Order 2003-17-6, Amended Order Governing Complex Business Litigation Court Procedures and Criteria, this case is hereby reassigned from the Honorable Heather L Higbee (Div 35) to the Honorable Donald A. Myers, Jr. (Div. 32). All pending motions must be brought into compliance with the Complex Business Litigation Court rules within twenty (20) ~~~" “days. “All hearings, pre-trials or trials previously scheduled are hereby7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL Atlantis Global Holdings LLC Syed Ali Karim 7047 E Greenway Parkway 1 South Orange Avenue Scottsdale, Arizona 85254 Suite 502 Orlando, Florida 32801 Brian Z. Katzman 1 South Orange Avenue Suite 502 Orlando, Florida 32801 CQ Bianca DuBose Business Court Case Manager cc: Judge Heather L Higbee~ foradditional time-and the amount of time requested for the hearirig” The Court ~~ 7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. CASE NO.: 2017-CA-5118-O DIVISION: 32 STAY-AT-HOME HOME HEALTH CARE, INC., a Florida corporation, Plaintiff, vs. ATLANTIS PROGRAM MANAGER OF SOUTHEAST, LLC, a Florida limited Liability company, d/b/a ATLANTIS HEALTH SYSTEM; ATLANTIS GLOBAL HOLDINGS, INC., a Delaware Corporation; ATLANTIS GLOBAL HOLDINGS, LLC; an Arizona limited liability company; SYED ALI KARIM, an individual, a/k/a S. ALI KARIM; YASIR SHAREFF, an individual; and BRIAN Z. KATZMAN, an individual, Defendants. / NOTICE TO PARTIES The parties in this case are hereby notified that the Court requires that the parties comply with the Complex Business Litigation Court Rules. Ifa Motion filed in this case is one listed in Rule 5.12, the parties are directed to set the Motion, if contested, during short matters if the matter may be completed in twenty (20) minutes or less. If the Motion requires more than twenty (20) minutes, a Motion for Oral Argument must be filed which indicates the reason for the need7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL served by the ePortal. Proposed Orders: The e-portal does not provide for the uploading of proposed orders to the Court. The proposed order must be submitted pursuant to Business Court Rule 5.14. All orders must have full titles. The Court will not sign a document titled simply “order”. Agreed Orders: If the parties have agreed upon the form of an order, the Movant shall provide a proposed order in paper, along with sufficient copies and addressed, stamped envelopes for those parties that are not participating in e-service through the statewide ePortal to serve on all counsel/parties to the action not being served by the ePortal. The order must be accompanied by a cover letter indicating that all counsel of record have approved the form of the order. Contested Orders: Contested proposed orders must be submitted in paper, along with sufficient copies and addressed, stamped envelopes for those parties that are not participating in e-service through the statewide ePortal to serve all counsel/parties to the action not being served by the ePortal. In addition, the contested order must be sent, in Word format, to the division’s courtesy copy email address. The order must’be accompanied by a cover letter indicating that opposing counsel opposes the form of the order and setting forth the details of opposing counsel’s opposition.7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. - CASE NO.: 2017-CA-5118-O DIVISION: 32 STAY-AT-HOME HOME HEALTH CARE, INC., a Florida corporation, Plaintiff, vs. ATLANTIS PROGRAM MANAGER OF SOUTHEAST, LLC, a Florida limited Liability company, d/b/a ATLANTIS HEALTH SYSTEM; ATLANTIS GLOBAL HOLDINGS, INC., a Delaware Corporation; ATLANTIS GLOBAL HOLDINGS, LLC; an Arizona limited liability company; SYED ALI KARIM, an individual, a/k/a S. ALI KARIM; YASIR SHAREFF, an individual; and BRIAN Z. KATZMAN, an individual, Defendants. / ORDER DESIGNATING CASE A “COMPLEX CASE” DIRECTIONS TO THE CLERK OF COURT THIS CAUSE was considered to designate this case a “complex case” as defined in rule 1.201, Fla. R. Civ. P. Being fully advised in the circumstances, the court determines that the case meets the criteria for proceeding under the rule and designates it as a “complex case.” The clerk of the court shall designate this case a “complex case,” update the court’s records accordingly, and report such designation and the case activity to the ” Suprenié Court pursuant to section 25.075 Fla. Stat. and rule 2:245(a), Fla. R. Jud.7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. CASE NO.: 2017-CA-5118-O DIVISION: 32 STAY-AT-HOME HOME HEALTH CARE, INC., a Florida corporation, Plaintiff, vs. ATLANTIS PROGRAM MANAGER OF SOUTHEAST, LLC, a Florida limited Liability company, d/b/a ATLANTIS HEALTH SYSTEM; ATLANTIS GLOBAL HOLDINGS, INC., a Delaware Corporation; ATLANTIS GLOBAL HOLDINGS, LLC; an Arizona limited liability company; SYED ALI KARIM, an individual, a/k/a S. ALI KARIM; YASIR SHAREFF, an individual; and BRIAN Z. KATZMAN, an individual, Defendants. / ORDER SETTING CASE -MANAGEMENT CONFERENCE Notice is hereby given that on November 16, 2017, at 10:00 AM in Hearing Room 17B, Orange County Courthouse, 425 North Orange Avenue, Orlando, Florida, the undersigned shall convene a Case Management Conference com") in this cause. All documents shall be electronically filed with the Clerk of the7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL period, the anticipated number of fact and expert depositions to be permitted and, as appropriate, the length and sequence of such depositions; 5. Anticipated areas of any expert testimony, timing for identification of experts, responses to expert discovery, and exchange of expert reports; 6, An estimate of the volume of documents and computerized information likely to be the subject of discovery from parties and nonparties and whether there are technological means which may render document discovery more manageable at an acceptable cost; 7. The advisability of using the general magistrate or special magistrate for fact finding, mediation, or discovery disputes or such other matters as the parties may agree upon; 8. The time period after the close of discovery within which post-discovery dispositive motions shall be filed, briefed and argued and a tentative schedule for such activities; 9, The possibility of settlement and the timing of alternative dispute resolution, , including the selection of a mediator or arbitrator(s); 10. Whether or not a party or parties desire fo use technologically advanced7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL 14. A good faith estimate by counsel for each party of the length of time to try the case; 15. Whether a demand for jury trial has been made; 16. The deadline for filing motions in limine; 17. The track to which the case will be assigned. The Complex Business Litigation Court typically employs the following management tracks: Business Expedited (Target Trial Date within 13 months of complaint); Business Standard (Target Trial Date within 18 months of complaint); and Business Complex (Target Trial Date within two years of complaint) and Complex Construction. If the case is a Complex Construction case, then the following topics shall also be addressed: 18. The selection of a Special Magistrate to be used in the case and the compensation for the Special Magistrate; 19. Whether the parties will produce discovery through disc exchange or through a virtual depository. If the parties select a virtual depository, then the parties shall designate a cloud depository service; 20. The selection of a court reporting service to be used in the-case; 21. The selection of a mediator to be used in the case; 22. Deadlines for destructive testing and extrapolation support testing. Within ten (10) days of the meeting among Trial Counsel, but no less than “tei (10) days in adVance of the Case Management Conference; the Parties shall file ~7/25/2017 1:43 PM FILED IN OFFICE TIFFANY M. RUSSELL CLERK CIRCUIT COURT ORANGE CO FL CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court this la aay of July, 2017 by using the Florida Courts E-Filing Portal System. Accordingly, a copy of the foregoing is being served on this day to all attorney(s)/interested parties identified on the ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the ePortal System. THEREBY CERTIFY that a copy of the foregoing was furnished on this \atA day of July, 2017 by U.S. Mail to: Atlantis Program Manager Of Southeast LLC Atlantis Global Holdings Inc. 1 South Orange Avenue Suite 502 Orlando, Florida 32801 Atlantis Global Holdings LLC 7047 E Greenway Parkway Scottsdale, Arizona 85254 Brian Z. Katzman 1 South Orange Avenue Suite 502 oe Orlando, Florida 32801 °' Corporation Trust Center 1209 Orange Street Wilmington, Delaware 19801 Syed Ali Karim 1 South Orange Avenue Suite 502 Orlando, Florida 32801 Bianca DuBose Business Court Case Manager