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Filing # 124831590 E-Filed 04/13/2021 02:09:56 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
JOSHUA PARDUE, derivatively on
behalf of Nominal Defendant,
CATERED FIT HOLDINGS, INC.,
Plaintiff,
v. CASE NO.: CACE-19-022558-12
CATERED FIT CORP, a Florida corporation,
CATERED FIT SERVICES, INC., and
ADAM FRIDEN,
Defendants,
and
CATERED FIT HOLDINGS, INC.,
Nominal Defendant.
/
MOTION TO CONSOLIDATE
Plaintiff, Joshua Pardue, in the above-captioned action, pursuant to Fla.R.Civ.P.
1.270, moves the Court to consolidate this action with an earlier filed action involving the
same parties, and in support of this Motion, says:
1. Plaintiff, Joshua Pardue, as a shareholder of Catered Fit Holdings, Inc., filed
the above action derivatively against Catered Fit Corp., Catered Fit Services, Inc. and
Adam Friden. Plaintiff named Catered Fit holdings, Inc. as Nominal Defendant.
2. Plaintiffs, Catered Fit Holdings, Inc. and Catered Fit Corp., filed Case No.
190017304-09 against Pardue Advisory, LLC and Joshua Pardue. (“Direct Action”).
3. The Direct Action was filed on August 19, 2019.
4. The Derivative Action was filed on October 30, 2019.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/13/2021 02:09:56 PM.****5. The Derivative Action and the Direct Action arise out of the same core of
operative facts, involve the same parties, the facts and issues in the two cases are
inextricably intertwined, and the discovery, evidence and testimony for each case is or
will be substantially overlapping.
6. It would be most efficient and economical for the Court, the parties, and for
counsel to have these two actions consolidated, rather than handled separately.
7. Florida law provides for the relief requested. Specifically, Fla.R.Civ.P.
1.270(a) provides for consolidation “when actions involving a common question of law or
fact are pending”, in which case the Court “may order a joint hearing or trial of any or all
of the matters in issue in the actions; it may order all the actions consolidated; and it may
make such orders concerning proceedings therein as may tend to avoid unnecessary cost
or delay.” At least for purposes of discovery and pretrial issues, the Court should
consolidate this case with the earlier filed Direct Action. In the Direct Action, the parties
have engaged in discovery and the discovery in the Direct Action is relevant to the issues
in the Derivative Action.
8. Once consolidated for discovery, the Court in the Direct Action can consider
whether the Direct and Derivative Actions should also be consolidated for trial.
WHEREFORE, the Plaintiff requests that the Court consolidate this action with the
Direct Action for discovery and pretrial purposes and grant such other relief as the Court
deems appropriate.
CERTIFICATE OF GOOD FAITH EFFORT
Counsel for Plaintiffs, prior to filing this Motion, provided counsel for Defendants a
copy of this Motion and attempted to confer with counsel for the Defendants to resolvethe Motion. To date, counsel for Defendants has not consented to the relief requested in
the Motion.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
electronically filed with the Clerk of the Court utilizing the Florida Courts E-Filing Portal
system this 13th day of April 2021, which will automatically transmit an electronic copy to:
JORDAN A. SHAW, ESQ.
KIMBERLY A. SLAVEN, ESQ.
ZERBESKY PAYNE SHAW LEWENZ, LLP
110 S.E. 6" Street, Suite 2150
Ft. Lauderdale, Florida 33301
jshaw@zpllp.com
kslaven@spllp.com
mperez@zpllp.com
medmondson@zpllp.com
Counsel for Plaintiffs
JOHNSON, POPE, BOKOR,
RUPPEL & BURNS, LLP
By: _/s/ Darryl R. Richards
DARRYL R. RICHARDS, ESQ.
Florida Bar No. 348929
Truist Place
401 E. Jackson Street, Ste. 3100
Tampa, FL 33602
(813) 225-2500 (Telephone)
(813) 223-7118 (Facsimile)
darrylr@ipfirm.com (Primary Email)
tracyt@jpfirm.com (Secondary Email)
Counsel for Defendants
6917932
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Filing # 124831590 E-Filed 04/13/2021 02:09:56 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION JOSHUA PARDUE, derivatively on behalf of Nominal Defendant, CATERED FIT HOLDINGS, INC., Plaintiff, v. CASE NO.: CACE-19-022558-12 CATERED FIT CORP, a Florida corporation, CATERED FIT SERVICES, INC., and ADAM FRIDEN, Defendants, and CATERED FIT HOLDINGS, INC., Nominal Defendant. / MOTION TO CONSOLIDATE Plaintiff, Joshua Pardue, in the above-captioned action, pursuant to Fla.R.Civ.P. 1.270, moves the Court to consolidate this action with an earlier filed action involving the same parties, and in support of this Motion, says: 1. Plaintiff, Joshua Pardue, as a shareholder of Catered Fit Holdings, Inc., filed the above action derivatively against Catered Fit Corp., Catered Fit Services, Inc. and Adam Friden. Plaintiff named Catered Fit holdings, Inc. as Nominal Defendant. 2. Plaintiffs, Catered Fit Holdings, Inc. and Catered Fit Corp., filed Case No. 190017304-09 against Pardue Advisory, LLC and Joshua Pardue. (“Direct Action”). 3. The Direct Action was filed on August 19, 2019. 4. The Derivative Action was filed on October 30, 2019. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/13/2021 02:09:56 PM.****5. The Derivative Action and the Direct Action arise out of the same core of operative facts, involve the same parties, the facts and issues in the two cases are inextricably intertwined, and the discovery, evidence and testimony for each case is or will be substantially overlapping. 6. It would be most efficient and economical for the Court, the parties, and for counsel to have these two actions consolidated, rather than handled separately. 7. Florida law provides for the relief requested. Specifically, Fla.R.Civ.P. 1.270(a) provides for consolidation “when actions involving a common question of law or fact are pending”, in which case the Court “may order a joint hearing or trial of any or all of the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary cost or delay.” At least for purposes of discovery and pretrial issues, the Court should consolidate this case with the earlier filed Direct Action. In the Direct Action, the parties have engaged in discovery and the discovery in the Direct Action is relevant to the issues in the Derivative Action. 8. Once consolidated for discovery, the Court in the Direct Action can consider whether the Direct and Derivative Actions should also be consolidated for trial. WHEREFORE, the Plaintiff requests that the Court consolidate this action with the Direct Action for discovery and pretrial purposes and grant such other relief as the Court deems appropriate. CERTIFICATE OF GOOD FAITH EFFORT Counsel for Plaintiffs, prior to filing this Motion, provided counsel for Defendants a copy of this Motion and attempted to confer with counsel for the Defendants to resolvethe Motion. To date, counsel for Defendants has not consented to the relief requested in the Motion. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically filed with the Clerk of the Court utilizing the Florida Courts E-Filing Portal system this 13th day of April 2021, which will automatically transmit an electronic copy to: JORDAN A. SHAW, ESQ. KIMBERLY A. SLAVEN, ESQ. ZERBESKY PAYNE SHAW LEWENZ, LLP 110 S.E. 6" Street, Suite 2150 Ft. Lauderdale, Florida 33301 jshaw@zpllp.com kslaven@spllp.com mperez@zpllp.com medmondson@zpllp.com Counsel for Plaintiffs JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP By: _/s/ Darryl R. Richards DARRYL R. RICHARDS, ESQ. Florida Bar No. 348929 Truist Place 401 E. Jackson Street, Ste. 3100 Tampa, FL 33602 (813) 225-2500 (Telephone) (813) 223-7118 (Facsimile) darrylr@ipfirm.com (Primary Email) tracyt@jpfirm.com (Secondary Email) Counsel for Defendants 6917932