Filing# 144824942 E-Filed 03/01/2022 02:08:27 PM
`
`IN THE CIRCUIT COURT OF THE 17th
`JUDICIAL CIRCUIT IN AND FOR
`BROWARD COUNTY, FLORIDA
`
`ASBESTOS LITIGATION
`
`CIRCUIT CIVIL DIVISION
`
`CASE NO- CACE 21-012069 (27)
`
`GREGORY SULLIVAN, and
`JANET SULLIVAN, his wife
`
`Plaintiffs,
`
`VS.
`
`AIR & LIQUID SYSTEMS
`CORPORATION, et al.,
`
`Defendants.
`
`i
`
`DEFENDANT BLACKMER PUMP COMPANY'S RESPONSE IN OPPOSITION TO
`PLAINTIFFS , "MOTION TO COMPEL FOR DISCOVERY REQUESTS'"'
`COMES NOW Defendant Blackmer Pump Company, by and through the undersigned
`
`counsel,and hereby files this Response in Oppositionto Plaintiffs' Motion to Compel Answers to
`
`Discovery Requests. Plaintiffs' Motion to Compel is due to be denied as (a)it does not set forth
`
`the discoveryrequests for which Plaintiffs' seek responses, but merely sets out, in incomplete
`
`detail,the discoveryback-and-forth ofthe parties;and (b)if it is a motion to compel the deposition
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`of Blackmer Pump Company, it fails to set forth this demand as well. Furthermore, Plaintiffs'
`
`Motion to Compel is premature, at best, as the partieshave not fullyconferred in an attempt to
`
`resolve any disputes.
`
`I.
`
`Alleged Deficiencies in Written Discovery Responses
`
`In their motion to compel, Plaintiffs describe the series of events which transpired
`
`following Plaintiffs' service of discovery requests upon Blackmer, and Blackmer's responses
`
`thereto. (Motion to Compel at lili2-5). As Plaintiffs note, followingthe "deficiencyletter" from
`
`Plaintiffs,a meet-and-confer between the partiestook placeon January 28,2022. The undersigned
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/01/2022 02:08:26 PM.****
`
`
`
`IN THE CIRCUIT COURT OF THE 17th
`JUDICIAL CIRCUIT IN AND FOR
`BROWARD COUNTY, FLORIDA
`
`ASBESTOS LITIGATION
`
`CIRCUIT CIVIL DIVISION
`
`CASE NO- CACE 21-012069 (27)
`
`GREGORY SULLIVAN, and
`JANET SULLIVAN, his wife
`
`Plaintiffs,
`
`VS.
`
`AIR & LIQUID SYSTEMS
`CORPORATION, et al.,
`
`Defendants.
`
`i
`
`DEFENDANT BLACKMER PUMP COMPANY'S RESPONSE IN OPPOSITION TO
`PLAINTIFFS , "MOTION TO COMPEL FOR DISCOVERY REQUESTS'"'
`COMES NOW Defendant Blackmer Pump Company, by and through the undersigned
`
`counsel,and hereby files this Response in Oppositionto Plaintiffs' Motion to Compel Answers to
`
`Discovery Requests. Plaintiffs' Motion to Compel is due to be denied as (a)it does not set forth
`
`the discoveryrequests for which Plaintiffs' seek responses, but merely sets out, in incomplete
`
`detail,the discoveryback-and-forth ofthe parties;and (b)if it is a motion to compel the deposition
`
`of Blackmer Pump Company, it fails to set forth this demand as well. Furthermore, Plaintiffs'
`
`Motion to Compel is premature, at best, as the partieshave not fullyconferred in an attempt to
`
`resolve any disputes.
`
`I.
`
`Alleged Deficiencies in Written Discovery Responses
`
`In their motion to compel, Plaintiffs describe the series of events which transpired
`
`following Plaintiffs' service of discovery requests upon Blackmer, and Blackmer's responses
`
`thereto. (Motion to Compel at lili2-5). As Plaintiffs note, followingthe "deficiencyletter" from
`
`Plaintiffs,a meet-and-confer between the partiestook placeon January 28,2022. The undersigned
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/01/2022 02:08:26 PM.****
`
`
`
`came to the discussion preparedto discuss the allegeddiscoverydeficiencies;however, Plaintiffs'
`
`counsel showed no interest in doing so. Rather, Plaintiffs' counsel wanted to open settlement
`
`discussions and, therefore, the discovery matters were "tabled" with the understanding that
`
`settlement discussions would be forthcoming. After that conversation, however, no one from
`
`Plaintiffs' attorneys'law firm contacted Blackmer's counsel or made any effort to open
`
`discussions on case resolution.
`
`It was not until mediation that any discussions on case resolution commenced.
`
`At
`
`mediation, Plaintiffs made their first settlement demand to Blackmer which was in an amount that
`
`far exceeded reasonableness and which, by Plaintiffs' own admission, was merely a number
`
`"thrown out there" but which bore no relation to any actual settlement value for the case as to
`
`Blackmer. Blackmer, on the other hand, appeared at mediation with settlement authorityand was
`
`preparedto negotiatein good faith to try and resolve the case and, despitethe unreasonable initial
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`demand, made what Blackmer felt was a reasonable initial offer to settle. Following this offer and
`
`without further discussion,Plaintiff abruptlyended the mediation as to Blackmer. It was apparent
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`from Plaintiffs actions that they did not appear at mediation preparedto engage in good faith
`
`discussions to resolve the case, at least as to this defendant.
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`Very shortly after the day of the mediation, Plaintiffs renewed their claims of
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`"deficiencies" and demand for a depositionof Blackmer's corporate representative.This despite
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`Plaintiffs' counsel making no effort whatsoever to actuallyengage in either a good faith meet-and-
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`confer to attempt to resolve the discoverydisputeor a good faith effort to resolve the case. Instead,
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`Plaintiffs set a unilateral and unreasonable deadline and then immediately filed a Motion to
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`Compel.
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`2
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`
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`While Plaintiffs made no efforts at good faith settlement discussions either before or since
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`the mediation, Blackmer has made efforts to contact the "negotiatingcounsel" at Simmons Hanly
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`to discuss resolution to no avail as yet. Moreover, Plaintiffs' counsel has not set forth in their
`
`Motion to Compel the allegeddeficiencies it seeks the Court to resolve (norcan they as there has
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`been no meaningful discussion between the partiesas to those claimed deficiencies);therefore,
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`Plaintiffs' Motion to Compel is due to be denied as incomplete and premature, at best.
`
`II.
`
`Request for a Deposition of Blackmer's Corporate Representative
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`In their motion, Plaintiffs ask the Court to compel the depositionof Blackmer's corporate
`
`representativeto occur "within 1 business day of the entry" of an Order to compel. (Motion to
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`Compel at 7 9 and "Wherefore" paragraph). The Court should deny Plaintiffs' request as patently
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`absurd.
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`As set forth above, Plaintiffs made the decision to "table" discussions of discoveryissues,
`
`includingthe corporate representativedeposition,in order to engage in settlement discussions and
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`then did absolutelynothingto initiate or engage in those discussions. Even at mediation, Plaintiffs
`
`refused to negotiatein good faith - rather,Plaintiffs issued an outrageous demand and then were
`
`".
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`insulted,"according to Plaintiffs' attorney Drew Sealey,at the initial settlement offer provided
`
`by Blackmer. Thereafter,it is clear,Plaintiffs actions were motivated by their hurt feelings,rather
`
`than any legitimatemotivation to litigateor resolve this case.
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`More importantly,however, Blackmer did not refuse to offer a corporate representativefor
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`deposition. Blackmer informed Plaintiffs' counsel that it could not offer dates within the
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`timeframe demanded by Plaintiffs. Blackmer is in a positionto offer a depositionof its corporate
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`representativeat a mutually agreeabledate priorto the trial ofthis case. Once again,the failure of
`
`3
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`
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`Plaintiffs' counsel to discuss these matters with Blacker has resulted in an unnecessary and
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`premature Motion that is due to be denied.
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`CONCLUSION
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`This Court should deny Plaintiffs' Motion to Compel as it is simply unnecessary and
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`premature.
`
`The partiesshould be given the opportunityto have meaningful discussion to
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`determine what issues can and cannot be resolved before the Court's time is taken.
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`WHEREFORE and for all the foregoingreasons, Defendant Blackmer Pump Company
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`respectfullyrequests that this Court DENY Plaintiffs' Motion to Compel.
`
`Respectfullysubmitted this 1Stday of March, 2022.
`
`HAWKINS PARNELL & YoUNG LLP
`
`/8/TODIBC.AUey
`Evelyn Fletcher Davis
`Florida Bar No. 0162744
`edavis@hpylaw.com
`Todd C. Alley
`Florida Bar No. 0108536
`
`talley@hpylaw.com
`303 Peachtree Street,N.E., Suite 4000
`Atlanta,Georgia 30308-3243
`(404) 614-7400 - Telephone
`(404) 614-7500 - Facsimile
`
`CounselMDefendant Blackmer Pump Company
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy ofthe foregoinghas been electronically
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`served on all counsel of record via File & Serve *ress and Florida Courts E-FilingPortal on this
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`ls?day of March, 2022.
`
`HAWKINS PARNELL & YOUNG LLP
`
`IWTODWC.AUey
`Evelyn Fletcher Davis
`Florida Bar No. 0162744
`
`edavis@hpylaw.com
`Todd C. Alley
`Florida Bar No. 0108536
`
`talley@hpylaw.com
`303 Peachtree Street,N.E., Suite 4000
`Atlanta,GA 30308-3243
`(404) 614-7400 - Telephone
`(404) 614-7500 - Facsimile
`
`Counsel for Defendant Blackmer Pump
`Company
`
`5
`
`
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