`JUDICIAL CIRCUIT
`IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
` CASE NO.: 2023-021345-CA-01 (24)
`
`Filing # 187835547 E-Filed 12/12/2023 10:33:57 AM
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`Plaintiff,
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`BRIAN NEARY, an individual,
`
`
`
`vs.
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`MBV R2G OWNER LLC, a foreign limited
`liability company, RPT REALTY, INC., a
`foreign corporation for profit, RED COATS,
`INC. d/b/a ADMIRAL SECURITY
`SERVICES, a foreign corporation for profit,
`THE CHEESECAKE FACTORY
`RESTAURANTS, INC., a foreign corporation
`for profit, and KEVIN GERARDO
`GONZALEZ-FAJARDO, an individual,
`
`Defendants.
`
`______________________________________/
`
`
`PLAINTIFF’S MOTION TO SET ACTION FOR JURY TRIAL
`
`Plaintiff, BRIAN NEARY (“Plaintiff”), by and through his undersigned counsel, moves
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`
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`the Court to set this action for a jury trial period no later than November 2024, and states:
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`1.
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`On October 16, 2023, the Court entered a Case Management Order with a trial
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`ready deadline of October 17, 2024.
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`2.
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`This action is at issue. On December 7, 2023, Plaintiff filed his Notice to Set Action
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`for Jury Trial.
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`3.
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`Plaintiff has attempted to confer with counsel for Defendants to select a calendar
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`call date for an agreed upon trial period. However, as of the date of this Motion, the parties have
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`been unable to agree on a trial period.
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`4.
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`Accordingly, Plaintiff respectfully requests that the Court set this action for jury
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`trial consistent with the trial ready deadline in the Case Management Order. The Court has an
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`DAVIS GOLDMAN, PLLC ∙ MIAMI │PLANTATION ∙ TEL 305∙800∙6673 ∙ FAX 305∙675∙7880
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`
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`available Calendar Call on October 31, 2024 for a jury trial period commencing on November 11,
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`2024.
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`WHEREFORE, Plaintiff BRIAN NEARY respectfully requests the entry of an Order
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`setting this action for Calendar Call on October 31, 2024 for a jury trial period commencing on
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`November 11, 2024, and for such other and further relief as this Court deems just and proper.
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`DAVIS GOLDMAN, PLLC
`Attorneys for Plaintiff Brian Neary
`1221 Brickell Avenue, Suite 1860
`Miami, FL 33131
`Telephone: (305) 800-6673
`Facsimile: (305) 675-7880
`Primary Emails: adavis@davisgoldman.com;
`mbild@davisgoldman.com
`Secondary Email: eservice@davisgoldman.com
`
`
`
`By: /s/ Aaron P. Davis
`
` AARON P. DAVIS
` Fla. Bar No.: 58463
` MICHAEL BILD
` Fla. Bar No.: 1003841
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`
`
`SALOMON SMITH, PLLC
`Attorney for Plaintiff Brian Neary
`80 SW 8th Street, Suite 2590
`Miami, FL 33130
`Telephone: (305) 297-1018
`Email: daniel@salomonsmith.com
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`
`
`
`By: /s/ Daniel S. Smith
` DANIEL S. SMITH
` Fla. Bar No.: 106694
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`
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
`e-mail via the Florida Courts eFiling Portal (pursuant to Rule 2.516, Florida Rules of Judicial
`Administration and Administrative Order SC13-49) to the person(s) identified on the attached
`Service List on this December 12, 2023.
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`2
`DAVIS GOLDMAN, PLLC ∙ MIAMI │PLANTATION ∙ TEL 305∙800∙6673 ∙ FAX 305∙675∙7880
`
`/s/ Aaron P. Davis
`AARON P. DAVIS
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`By:
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`SERVICE LIST
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`
`
`G. Jeffrey Vernis, Esq.
`Natasha Coyle, Esq.
`Vernis & Bowling of Palm Beach, P.A.
`618 U.S. Highway One, Suite 200
`North Palm Beach, FL 33408
`Telephone: (561) 775-9822
`Fax: (561) 775-9821
`Emails: GJVernisEservice@florida-law.com;
`amitchell@florida-law.com; lgrosso@florida-law.com
`Attorneys for Defendant The Cheesecake Factory Restaurants, Inc.
`
`Earleen H. Cote, Esq.
`Kubicki Draper
`110 East Broward Boulevard
`Suite 1400
`Ft. Lauderdale, FL 33301
`Telephone: (954) 713-2339
`Emails: ehc-kd@kubickidraper.com; kara.beard@kubickidraper.com;
`cindee.north@kubickidraper.com
`Attorneys for Defendant Red Coats, Inc. d/b/a Admiral Security Services
`
`Erik P. Crep, Esq.
`Wicker Smith O’Hara McCoy & Ford, P.A.
`2800 Ponce de Leon Boulevard
`Suite 800
`Coral Gables, Florida 33134
`Phone: (305) 448-3939
`Fax: (305) 441-1745
`Emails: ecrep@wickersmith.com;
`miacrtpleadings@wickersmith.com
`Attorneys for Defendants MBV R2G Owner, LLC
`and RPT Realty, Inc.
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`3
`DAVIS GOLDMAN, PLLC ∙ MIAMI │PLANTATION ∙ TEL 305∙800∙6673 ∙ FAX 305∙675∙7880
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`
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