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Filing # 131401028 E-Filed 07/26/2021 02:29:04 PM
Filing # 131228649 E-Filed 07/22/2021 03:27:58 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA
DIANA K. WINKLER and
MICHAEL J. WINKLER, CASE NO. 48-2018-CA-006581-O
Plaintiffs,
v
CHRISTOPHER P. HANCOCK; LUXUS
LEGAL, LLC; HANCOCK & ASSOCIATES,
P.A.; ANDREA A. MCCREARY; MICHAEL
E. MORRIS; LAW OFFICE OF MICHAEL E.
MORRIS, P.A.; HYATT LEGAL PLANS OF
FLORIDA, INC.; JENNIFER ENGLERT; and
THE ORLANDO LAW GROUP,
Defendants.
_____________________________________/
HYATT LEGAL’S UNOPPOSED MOTION TO APPEAR BY
VIDEOCONFERENCE AT HEARING
Defendant, HYATT LEGAL PLANS OF FLORIDA, INC. (“Hyatt Legal”) by and
through undersigned counsel, respectfully moves for entry of an Order permitting its counsel,
Jeffrey M. Landau, Esq., to appear on its behalf by videoconference at the hearing on the Order
to Show Cause currently scheduled to be heard before the Court on Thursday, August 19, 2021
at 2:30 p.m. The grounds for this motion are:
1. On July 20, 2021, this Court entered an Order to Show Cause (the “Order”)
setting a hearing for Thursday, August 19, 2021 at 2:30 p.m., to be conducted at the Orange
County Courthouse.
2. The Order provided that counsel should appear in person “unless a motion
requesting videoconference appearance is filed and granted before the hearing.”
3. The Order relates to the Court’s prior order of June 25, 2021 and various motions
for enlargement and/or for stay that had been filed by various parties after Plaintiffs filed a
Notice of Appeal in April, seeking to appeal that part of this Court’s order of March 22, 2021
that dismissed various claims against Hyatt Legal without prejudice. The motions for
enlargement and/or stay had been filed while proceedings were pending in the Fifth District
Court of Appeals. To be clear, other than as to Hyatt Legal, Plaintiffs did not seek to appeal any
part of the Court’s March 22nd Order as to the other defendants in this matter.
4. Hyatt Legal’s counsel is located in Miami, Florida, and has been working
remotely since March 12, 2020, and has, due to the ongoing COVID-19 pandemic, participated
in several hearings in this matter over the last year by either videoconference or telephone
without any technical issues whatsoever.
5. Given the foregoing, in order for counsel for Hyatt Legal to avoid incurring
unnecessary attorneys’ fees and costs for travel, and any COVID-19 pandemic related health
risks,1 Hyatt Legal respectfully requests that the Court grant permission for attorney Jeffrey M.
Landau to appear via videoconference for the August 19, 2021 hearing.2
6. No other party will be prejudiced by granting this motion to appear by
videoconference.
7. Undersigned counsel certifies that he has contacted counsel for all parties with
respect to the relief sought in this motion, and that counsel for Plaintiffs and counsel for
Defendants Morris, Englert, The Orlando Law Group, and McCreary all have courteously stated
that they have no objection to the relief sought herein.
1
Based on reports in today’s NEW YORK TIMES, July 22, 2021, Florida now leads the
nation in the number of new COVID-19 cases, and has shown a 227% increase in cases over the
past two weeks.
2
Granting of this motion also would be consistent with Rule 2.530, Fla.R.Jud.Admin.,
which permits appearance at hearings via communication equipment.
-2-
WHEREFORE, for the foregoing reasons and good cause having been shown,
Defendant, HYATT LEGAL PLANS OF FLORIDA, INC., respectfully requests the entry of an
Order permitting counsel for Hyatt Legal to appear by videoconference at the August 19, 2021
hearing on the Court’s Order to Show Cause, and for such other and further relief as the Court
deems reasonable and just.
Respectfully submitted,
SHUTTS & BOWEN LLP
Attorneys for Hyatt Legal
200 South Biscayne Boulevard
Suite 4100
Miami, Florida 33131
Tel: (305) 358-6300
Fax: (305) 347-7890
By: /s/ Jeffrey M. Landau
John E. Meagher
Florida Bar No. 511099
jmeagher@shutts.com
Jeffrey M. Landau
Florida Bar No. 863777
jlandau@shutts.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the
Florida E-Portal in compliance with Fla. R. Civ. P. 2.516 on this 22nd day of July, 2021, to the
following Service List:
-3-
T. Scott Tufts, Esq. Michael E. Morris, Esq.
CPLS, P.A. 1060 Woodcock Road
201 E. Pine St. Orlando, FL 32803
Ste. 445 T: 407-316-7076
Orlando, FL 32801 F: 407-316-7075
T: 407.647.7887 memorrislaw@gmail.com
F: 407.647.5396 Defendant
stufts@cplspa.com
Counsel for Plaintiffs John W. Zielinski, Esq.
NeJame Law, P.A.
Christopher Hancock, pro se 189 South Orange Avenue
255 S. Westmonte Dr. Suite 1800
Altamonte Springs, FL 32714 Orlando, FL 32801
T: 407-554-4105 T: 407-500-0000
luxuslegal@gmail.com F: 407-802-1505
Defendant john@nejamelaw.com
civilservice@nejamelaw.com
Wilson Elser Moskowitz Edelman & Counsel for Morris
Dicker LLP
SEAN M. McDONOUGH, ESQUIRE AURORA MCCREARY
111 North Orange Avenue 938 Lake Baldwin Lane
Suite 1200 Orlando, FL 32814
Orlando, FL 32801 T: 407-874-1414
T: 407-203-7599 aurora@windlefamilylaw.com
F: 407-648-1376 Defendant
sean.mcdonough@wilsonelser.com
Attorneys for Defendants, Jennifer Englert
and The Orlando Law Group Hancock Law Group, P.A.
225 South Westmonte Drive
Altamonte Springs, FL 32714
Defendant
Hancock & Associates, P.A.
225 South Westmonte Drive
Altamonte Springs, FL 32714
Defendant
/s/ Jeffrey M. Landau
Of Counsel
MIADOCS 22648215
-4-
Preview
Filing # 131401028 E-Filed 07/26/2021 02:29:04 PM Filing # 131228649 E-Filed 07/22/2021 03:27:58 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA DIANA K. WINKLER and MICHAEL J. WINKLER, CASE NO. 48-2018-CA-006581-O Plaintiffs, v CHRISTOPHER P. HANCOCK; LUXUS LEGAL, LLC; HANCOCK & ASSOCIATES, P.A.; ANDREA A. MCCREARY; MICHAEL E. MORRIS; LAW OFFICE OF MICHAEL E. MORRIS, P.A.; HYATT LEGAL PLANS OF FLORIDA, INC.; JENNIFER ENGLERT; and THE ORLANDO LAW GROUP, Defendants. _____________________________________/ HYATT LEGAL’S UNOPPOSED MOTION TO APPEAR BY VIDEOCONFERENCE AT HEARING Defendant, HYATT LEGAL PLANS OF FLORIDA, INC. (“Hyatt Legal”) by and through undersigned counsel, respectfully moves for entry of an Order permitting its counsel, Jeffrey M. Landau, Esq., to appear on its behalf by videoconference at the hearing on the Order to Show Cause currently scheduled to be heard before the Court on Thursday, August 19, 2021 at 2:30 p.m. The grounds for this motion are: 1. On July 20, 2021, this Court entered an Order to Show Cause (the “Order”) setting a hearing for Thursday, August 19, 2021 at 2:30 p.m., to be conducted at the Orange County Courthouse. 2. The Order provided that counsel should appear in person “unless a motion requesting videoconference appearance is filed and granted before the hearing.” 3. The Order relates to the Court’s prior order of June 25, 2021 and various motions for enlargement and/or for stay that had been filed by various parties after Plaintiffs filed a Notice of Appeal in April, seeking to appeal that part of this Court’s order of March 22, 2021 that dismissed various claims against Hyatt Legal without prejudice. The motions for enlargement and/or stay had been filed while proceedings were pending in the Fifth District Court of Appeals. To be clear, other than as to Hyatt Legal, Plaintiffs did not seek to appeal any part of the Court’s March 22nd Order as to the other defendants in this matter. 4. Hyatt Legal’s counsel is located in Miami, Florida, and has been working remotely since March 12, 2020, and has, due to the ongoing COVID-19 pandemic, participated in several hearings in this matter over the last year by either videoconference or telephone without any technical issues whatsoever. 5. Given the foregoing, in order for counsel for Hyatt Legal to avoid incurring unnecessary attorneys’ fees and costs for travel, and any COVID-19 pandemic related health risks,1 Hyatt Legal respectfully requests that the Court grant permission for attorney Jeffrey M. Landau to appear via videoconference for the August 19, 2021 hearing.2 6. No other party will be prejudiced by granting this motion to appear by videoconference. 7. Undersigned counsel certifies that he has contacted counsel for all parties with respect to the relief sought in this motion, and that counsel for Plaintiffs and counsel for Defendants Morris, Englert, The Orlando Law Group, and McCreary all have courteously stated that they have no objection to the relief sought herein. 1 Based on reports in today’s NEW YORK TIMES, July 22, 2021, Florida now leads the nation in the number of new COVID-19 cases, and has shown a 227% increase in cases over the past two weeks. 2 Granting of this motion also would be consistent with Rule 2.530, Fla.R.Jud.Admin., which permits appearance at hearings via communication equipment. -2- WHEREFORE, for the foregoing reasons and good cause having been shown, Defendant, HYATT LEGAL PLANS OF FLORIDA, INC., respectfully requests the entry of an Order permitting counsel for Hyatt Legal to appear by videoconference at the August 19, 2021 hearing on the Court’s Order to Show Cause, and for such other and further relief as the Court deems reasonable and just. Respectfully submitted, SHUTTS & BOWEN LLP Attorneys for Hyatt Legal 200 South Biscayne Boulevard Suite 4100 Miami, Florida 33131 Tel: (305) 358-6300 Fax: (305) 347-7890 By: /s/ Jeffrey M. Landau John E. Meagher Florida Bar No. 511099 jmeagher@shutts.com Jeffrey M. Landau Florida Bar No. 863777 jlandau@shutts.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the Florida E-Portal in compliance with Fla. R. Civ. P. 2.516 on this 22nd day of July, 2021, to the following Service List: -3- T. Scott Tufts, Esq. Michael E. Morris, Esq. CPLS, P.A. 1060 Woodcock Road 201 E. Pine St. Orlando, FL 32803 Ste. 445 T: 407-316-7076 Orlando, FL 32801 F: 407-316-7075 T: 407.647.7887 memorrislaw@gmail.com F: 407.647.5396 Defendant stufts@cplspa.com Counsel for Plaintiffs John W. Zielinski, Esq. NeJame Law, P.A. Christopher Hancock, pro se 189 South Orange Avenue 255 S. Westmonte Dr. Suite 1800 Altamonte Springs, FL 32714 Orlando, FL 32801 T: 407-554-4105 T: 407-500-0000 luxuslegal@gmail.com F: 407-802-1505 Defendant john@nejamelaw.com civilservice@nejamelaw.com Wilson Elser Moskowitz Edelman & Counsel for Morris Dicker LLP SEAN M. McDONOUGH, ESQUIRE AURORA MCCREARY 111 North Orange Avenue 938 Lake Baldwin Lane Suite 1200 Orlando, FL 32814 Orlando, FL 32801 T: 407-874-1414 T: 407-203-7599 aurora@windlefamilylaw.com F: 407-648-1376 Defendant sean.mcdonough@wilsonelser.com Attorneys for Defendants, Jennifer Englert and The Orlando Law Group Hancock Law Group, P.A. 225 South Westmonte Drive Altamonte Springs, FL 32714 Defendant Hancock & Associates, P.A. 225 South Westmonte Drive Altamonte Springs, FL 32714 Defendant /s/ Jeffrey M. Landau Of Counsel MIADOCS 22648215 -4-