Garcia Motion for Continuance

7/28/2019 Garcia Motion for Continuance

1/5

UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDATAMPA DIVISION

LUIS GARCIA, and wife, ROCIO GARCIAPlaintiffs,

vs.CHURCH OF SCIENTOLOGY RELIGIOUSTRUST; U.S. lAS MEMBERS TRUST;CHURCH OF SCIENTOLOGY FLAG SERVICEORGANIZATION, INC. ; CHURCH OFSCIENTOLOGY FLAG SHIP SERVICEORGANIZATION, INC. d/b/a Majestic CruiseLines; and DAVID MISCA VIGE,

Defendants.I-------------------------------------

Case No. 8:13-CV-220-T27 TBM

JOINT MOTION FOR CONTINUANCE OF HEARING ON DEFENDANTS'MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL

COME NOW, Plaintiffs , Luis Garcia and Rocio Garcia, and Defendants, Church ofScientology, Church of Scientology Flag Ship Service Organization, Inc. , lAS Administrationsand the Church of Scientology Religious Trust, pursuant to Local Rule 3.09, and respectfullymove this Court for entry of an Order granting a continuance of the hearing on Defendants 'Motion to Disqualify Plaintiffs ' Counsel currently scheduled for July 24 , 2013 , and in supporthereof states as follows:1. Currently pending before this Court is a Motion to Disqualify Plaintiffs' Counsel filed onMay 10, 2013, by Defendants Church of Scientology and the Church of Scientology Flag ShipService Organization, Inc. See D.E. 36. Defendants lAS Administrations, Inc. and the Churchof Scientology Religious Trust subsequently joined and adopted said Motion. See D.E. 37.

1

Case 8:13-cv-00220-JDW-TBM Document 51 Filed 07/03/13 Page 1 of 5 PageID 1308


2/5

Plaintiffs filed their Memorandum in Opposition to Defendants' Motion on May 28 , 2013. SeeD.E. 38.2. Subsequent to the filing of Defendants ' Motion and Plaintiffs' Opposition thereto, onJune 25 , 2013 , this Court issued an Order Setting Evidentiary Hearing, scheduling a hearingregarding same for July 24, 2013 . See D.E. 503. The parties now respectfully seek a continuance of said hearing due to the following:

a. Deposition ofBrian CulkinDefendants' Motion is supported by testimony m the form of an affidavit from

Defendants' key witness, Brian Culkin. Defendants have now requested the opportunity todepose Mr. Culkin prior to this Court ' s hearing on the pending Motion, regarding whichPlaintiffs have no objection. Mr. Culkin, however, currently resides in Boston, which requiresall parties to coordinate schedules and make travel arrangements in order to complete hisdeposition - a process which cannot be completed prior to July 24, 2013 due to counsels'unavailability as discussed below.

b. Unavailability ofCounsel and Key WitnessBoth Mr. Weil and the undersigned are leading counsels for Plaintiffs , and both are

signatories to supporting affidavits filed in opposition to Defendants' Motion. Mr. Weil isunavailable on July 24, 2013 and the surrounding dates, as is scheduled to be out of town duringthat time. Subsequent to the hearing date, Mr. Weil ' s schedule is further complicated by a trial inanother matter.

Likewise, the undersigned counsel will be in transit on that date , returning from NewYork to Florida. The undersigned is currently engaged in an ongoing rigorous depositionschedule on a federal case pending in New York , which severely restricts counsel ' s availability

2



3/5

to attend a hearing set in this matter. Coverage by another attorney versed in Plaintiffs' case andthe issues surrounding Defendants' Motion, is also, regrettably, not possible, as Mr. Leclainche,who is the undersigned's law partner, is and will continue to be, engaged in trial practice in aspecially set trial for the time period surrounding the scheduled hearing.

Finally, not only are Plaintiffs' counsels unavailable for the scheduled hearing and at anymutually agreeable times prior to the dates below, but Robert Johnson, a key witness in thismatter, is also unavailable on the hearing date and surrounding dates as he is scheduled to be outof state during that time.4. All parties have conferred with each other and agree to the relief requested herein.Should this Court grant this Motion, the parties note the following dates of availability to attendsaid hearing, given the extent of scheduling conflicts amongst the parties that currently exists:

September 26, 2013October 1, 2, 3, 8, 10, 15, 16, 17

5. Pursuant to Local Rule 3.09, this Court may grant a continuance of the currentlyscheduled hearing based upon good cause shown. Based on the foregoing, specifically notingthe extensive scheduling conflicts of counsels, both parties argue that this standard is not onlymet, but exceeded.

WHEREFORE , the parties respectfully request that this Joint Motion for Continuance ofHearing on Defendants' Motion to Disqualify Plaintiffs' Counsel be granted, and that this Courtgrant any and all relief deemed jus t and appropriate.

3



4/5

CERTIFICATE OF GOOD FAITH CONFERENCEPursuant to Local Rule 3.01(g), on July 3, 2013, Plaintiffs' counsel conferred with

Defendants' counsel in a good faith effort to resolve the issues raised in this Motion. As notedherein, all parties agree to the filing of this Motion.

Dated: July 3, 2013Respectfully submitted,s/ Theodore BabbittTheodore Babbitt, Esq.Florida Bar No: 091146Babbitt Johnson Osborne & LeClainche, P.A.1641 Worthington Road, Suite 100West Palm Beach, FL 33409Phone: 561-684-2500Fax: [email protected]

-and-Ronald P. Weil, Esq.Florida Bar No: 169966Amanda M. McGovernFlorida Bar No: 964263Weil Quaranta McGovern, P.A.Southeast Financial Center, Suite 900200 South Biscayne Blvd.Miami, FL 33131Phone: 305-372-5352Fax: [email protected]@weillaw.netCounsel for Plaintiffs Luis A. Garcia Saz andMaria Del Rocio Burgos Garcia

CERTIFICATE OF SERVICEWe hereby certify that, on July 3, 2013, we electronically filed the foregoing documentwith the Clerk of the Court using CM/ECF. We also certify that the foregoing document is beingserved this day on all counsel or pro se parties identified below in the manner specified, either

4



5/5

via transmission of Notices of Electronic Filing generated by CM/ECF or in some otherauthorized manner for those counsel or parties who are not authorized to receive electronicallyNotices of Electronic Filings.

F. Wallace Pope, Jr. , Esq.FBN 124449Johnson Pope Bokor Ruppel& Burns, LLPP.o. Box 1368Clearwater, FL 33757Phone: (727) 461-1818Fax: (727) 462-0365E-mail: [email protected] for Defendants

Marie Tomassi, Esq.FBN 772062Trenam Kember Scharf Barkin FryeO'Neill & Mullis, P.A.Bank of America Bujilding200 Central A venue, Suite 1600St. Petersburg, FL 33701Phone: (727) 820-3952Fax: (727) 820-3972E-mail: [email protected] for lAS Administrations, Inc.And U.S. lAS Members Trust

5

Nathan M. Berman, Esq.FBN 329230E-mail : [email protected] Fugate, Esq.FBN 170928E-mail: [email protected] E. Fernandez, Esq.FBN 843751E-mail: [email protected] V. Wise, Esq.FBN 65570E-mail: [email protected] Spaeder, LLP101 E. Kennedy Blvd. , Suite 1200Tampa, FL 33602Phone: (813) 221-1010Fax: (813)223-7961Counsel for Church of ScientologyReligious Trust


Documents

Garcia Motion for Continuance