Friday, October 2, 2020

Partial update on the LUXCOM litigation (Part of a series). Agreed Order rendered that provides deadlines.

The purpose of this post is to bring readers into the loop of just one of the several LUXCOM cases. I searched the Miami-Dade online court dockets to obtain this information. This update relates to the circuit court case of YACHT CLUB BY LUXCOM, LLC, v. VILLAGE OF PALMETTO BAY, FLORIDA, CASE NO: 2019-11663-CA-01. The parties reach an agreement that provides for a schedule of tis case. I am posting the specifics below. The trial Judge, the Honorable Spencer Eig, rendered an order based upon this agreement that provides as follows:

1. Pursuant to the Opinion and Mandate issued by Florida’s Third District Court of Appeal on July 21, 2020 in Case No. 3D19-1495 in connection with the instant action, this Court’s prior Order dismissing Plaintiff’s complaint with prejudice was reversed by the Third District Court of Appeal, with instructions for the case to be remanded for further proceedings before this Court. In accordance with these instructions, Defendant Village of Palmetto Bay, Florida is ordered to respond to the operative complaint filed in this action.

2. Defendant Village of Palmetto Bay shall respond to the operative complaint filed in this action by no later than ten (10) days from the date of this Order.

(EDITOR’S NOTE: Deadline is Saturday, Oct 10, 2020, so the applicable filing date falls on the Monday, October 12).

3. Fact discovery shall be concluded by both Parties in this case by no later than ninety (90) days from the date of this Order.

(EDITOR’S NOTE: Deadline: 90 calendar days after Wednesday, September 30, 2020 is Tuesday, December 29, 2020.)

4. Expert discovery shall be concluded by both Parties in this case by no later than thirty (30) days after the conclusion of fact discovery.

(EDITOR’S NOTE: This date does not fall from date of the order, but is 30 days after conclusion of the discovery. That date could change - all dates could change based upon circumstances. Assuming the fact discovery does conclude at the 90th day, the deadline would be Thursday, January 28, 2021. The 30th day depends upon discovery is completed, not necessarily 120 days from date of the order)

Now the real work begins on this case. There is an online docket maintained by the Miami-Dade County Clerk of Courts for those interested in watching this case.

For background, see prior related post: of September 28, 2020, Partial update on the LUXCOM litigation. Motion for status conference setfor Tuesday, Sept 29.




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