Short procedural history of this case to date: This present LUXCOM action was filed November 5, 2020. Palmetto Bay attempted to have this complaint dismissed as its first option, filing the first motion to dismiss on December 20, 2020. The result? Apparently the parties agreed to the Plaintiff, LUXCOM, filing an Amended complaint on May 12, 2021, and again on October 14, 2021. A renewed motion to dismiss was filed on November 9, 2021. The issue was finally ready for hearing on the motion to dismiss on March 31, 2022. The Judge, after review of the pleadings filed and hearing the arguments of the attorneys, denied Palmetto Bay's motion to dismiss by order rendered April 18, 2022. The Order refers back to the separately filed transcript for the specifics relating to reasons for denial.
Palmetto Bay's Answer and Defenses is the 52nd substantive document filed in this case that now enters its 18th month of litigation. Review a copy of the official court public online docket current as of April 28, 2022. The answer is the defendant’s respond to the complaint and to put forth any defenses if he or she so desires (those not raised are usually considered waived). The answer may also contain defenses (affirmative defenses) that the defendant offers in response. The defendant may offer affirmative defenses, as Palmetto Bay attorneys listed in their answer. The Defendant (Palmetto Bay) has the burden of proving these defenses.
This case now moves on to what can be expected as a very detailed discovery phase. Documents will be exchanged. Depositions will be taken where various staff and village council members will be called upon to provide testimony under oath for use in either the summary motions or trial, if this case goes that far. The case does not necessarily wait for trial to be resolved. Either side may be entitled to a summary judgement in its favor based upon how the case develops through discovery. I will post on those options should they become relevant in order to keep readers in the loop.
BACKGROUND – PRIOR RELATED POSTS: