Monday, November 11, 2019

Brief Discovery Update on LUXCOM litigation v. Palmetto Bay. LUXCOM served discovery responses and objections on Friday, 11/08/2019. Status of case.

Petitioner, LUXCOM, filed its response and objections to Respondent’s, PALMETTO BAY, First Request For Production to Petitioner dated September 26, 2019 on Friday, 11/08/2019. CLICK HERE to view the complete 25 page document.

Also filed that same day, Friday, 11/08/2019, at 4:36 PM, was Petitioner, LUXCOM's, Notice of serving its Answers to the Respondent’s, VILLAGE OF PALMETTO BAY, First Set of Interrogatories propounded September 26, 2019. [CLICK HERE to view the Notice (no attached answers)]

Note that both were filed later than 30 days from service. There were no motions to compel discovery responses filed, so the only assumption is that either a short extension was negotiated between the attorneys or filed under threat of a motion to compel.

NEXT UP - The Village of Palmetto Bay will either accept the responses and objections or will see redress with the Judge to overrule the objections, compelling LUXCOM to make full discovery.  The Village responses to the discovery requests of LUXCOM filed 10/1/2019 are now due as well, absent an agreement to extend time (note that any response will likely include, both responses and objections similar to those raised by LUXCOM).

IMPACT: Unknown at this time as I am not privy to the actual documents, the sworn answers or documents. More updates will follow as more information comes to light. The Final Hearing currently remains on schedule for December 18 through 20, 2019; beginning at 9:00 a.m., at Palmetto Bay Village Hall.




CONTINUING SPECIAL NOTE: Palmetto Bay officials continue to neglect to update the “litigation page” online to include any information relating to this action (or other recent actions) on the official village website (at least as of  10:00 AM, Monday, 11/11/2019). Posting would be for courtesy, as it is not required, but would aid in transparency. As pointed out previously, many of the documents from the prior administrations have been removed from public access online, casting shade on transparency as well as accessibility of these public records.

After all, if DOAH can post these (and many other) documents online, why can’t Palmetto Bay? Don't buy the "ADA" argument. DOAH/the Courts are under the same ADA requirements as any other government entity. There is no lack of ability for Palmetto Bay elected leaders, only a lack of will to make the records accessible.

Eugene Flinn

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