Friday, December 6, 2019

Small bite updates on the LUXCOM DOAH litigation. Waiting on the pretrial stip, due date moved to 12/12 and the trial beginning 12/18

More litigation updates. The quick updates on the LUXCOM litigation currently pending before the Florida Division of Administrative Hearings (DOAH). Not much interesting here. Housekeeping issues. The interesting read will be the Pre Hearing Stipulation. The date for the filing has been moved from 12/8 to 12/12.

December 4: The motion filed by Palmetto Bay was granted (CLICK HERE for the prior related post - CLICK HERE to view the actual one-page order). Palmetto Bay shall be responsible for having a notary public in India with Mr. Mohammed Khan on the assigned hearing date to swear Mr. Mohammed Khan in as a witness and shall provide the requisite documentation for proof. Fla. Admin. Code R. 28-106.213(5)(b).

Palmetto Bay is also required to make all arrangements for a speaker telephone to be available at the final hearing.

IMPACT: Telephone testimony. Burden is on Palmetto Bay to make sure everything is properly set up and working if they want this testimony to go forward.

Why not teleconferencing? Not necessary. Testimony is allowed via deposition in many proceedings. Reading a deposition offers less insight into the witness you neither observe the witness live nor can the judge hear any inflection or hesitation in the voice of the witness. 

December 5: Both parties; LUXCOM and Palmetto Bay joined into an agreed motion asking the court to extend the time to submit the Pre-Hearing Stipulation from December 8, to December 12. The grounds include the 12/5 depo of Petitioner’s Expert Witness and the 12/6 deposition of Palmetto Bay’s Expert Witness. The parties point out that the issues, witnesses, and exhibits may be affected by the deposition of the expert witnesses. (CLICK HERE to read the joint motion).

December 5: The motion is granted. The Pre-hearing stipulation shall be filed with the FRANCINE M. FFOLKES, Administrative Law Judge, no later than December 12, 2019. (CLICK HERE to read this Order).

IMPACT: The pretrial stipulation will be of great interest. Tune in to review that filing. I expect it to be filed at end of day, due to the significance of this document, though it would be nice if filed early.

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