Tuesday, October 1, 2019

Update on Administrative action filed by Petitioner, YACHT CLUB BY LUXCOM, LLC., Four (4) discovery demands filed Tuesday, 10/1. Read the details.

October 1, 2019, was another busy day in regarding to gathering discovery in preparation for the upcoming December Final Hearing of this case. Here is a list of what was filed on the DOAH Court docket on Tuesday, 10/1:
  • Petitioner, YACHT CLUB BY LUXCOM, LLC, served the VILLAGE OF PALMETTO BAY COUNCIL, Interrogatories #1 through # 29. CLICK HERE to review the notice.
  • Petitioner, YACHT CLUB BY LUXCOM, LLC, served the VILLAGE OF PALMETTO BAY, Interrogatories #1 through # 29. CLICK HERE to review this notice – and once again – the actual interrogatory questions are not posted online, merely the notice of service.
  • Expert Witness Interrogatories #1 - #15 were served by YACHT CLUB BY LUXCOM, LLC, upon the VILLAGE OF PALMETTO BAY. CLICK HERE to review this notice.
  • An Additional Request for Production was filed, this is a new request entitled "Petitioner's Expert Witness Request for Production of Documents", seeking Expert reports and communications as well as materials that were/are used by the Expert. CLICK HERE to review this 7 page request that seeks the following specified items:
1.                   All documents reviewed by the Experts.
2.                  All documents relied upon by the Experts.
3.                  All reports prepared by the Experts or under their direction.
4.                  All written communications (whether by email, text, letter, fax or otherwise) between the Village or its attorneys and the Experts.
5.                  All written communications (whether by email, text, letter, fax or otherwise) between the Experts and anyone other than the Village.
6.                  All engagement/retainer agreements for the Experts.
7.                   All documents reflecting all amounts paid to the Experts.
8.                  All pictures and videos taken by, reviewed by or relied upon by the Experts.
9.                  Each Experts up to date resume or curriculum vitae.
10.               All documents of any kind that relate to the opinions to be offered by the Experts.

Note – for all 4 requests, all of the interrogatories and the documents requested are to be answered and returned by the Respondent within thirty (30) days from the date of service. Obviously this time frame may be extended based upon request/agreement of the attorneys or by approval of the court.

Please note – for all items – 1-3, the Interrogatories listed above, the actual interrogatory questions are not posted online, merely the notices of service (this is consistent with the rules of procedure).

CLICK HERE to review prior explanation as to the impact of what was filed/served, including an explanation as to What are Interrogatories as well as an explanation of Requests for Production of Documents. 

CLICK HERE to view PRIOR RELATED POSTS regarding this LUXCOM administrative proceeding before DOAH.

SPECIAL NOTE: Palmetto Bay officials have continued to not 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  6:30 PM, Tuesday, 10/01/2019). 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. 

After all, if DOAH can post these (and many other) documents online, why can’t Palmetto Bay?

Eugene Flinn

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