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

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

LUIS GARCIA, and wife, ROCIO GARCIA Plaintiffs, vs. CHURCH OF SCIENTOLOGY RELIGIOUS TRUST; U.S. lAS MEMBERS TRUST; CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC. ; CHURCH OF SCIENTOLOGY FLAG SHIP SERVICE ORGANIZATION, INC. d/b/a Majestic Cruise Lines; and DAVID MISCA VIGE, Defendants.

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

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

COME NOW, Plaintiffs, Luis Garcia and Rocio Garcia, and Defendants, Church of
Scientology, Church of Scientology Flag Ship Service Organization, Inc. , lAS Administrations and the Church of Scientology Religious Trust, pursuant to Local Rule 3.09, and respectfully move 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 support hereof states as follows: 1. Currently pending before this Court is a Motion to Disqualify Plaintiffs' Counsel filed on

May 10, 2013, by Defendants Church of Scientology and the Church of Scientology Flag Ship Service Organization, Inc. See D.E. 36. Defendants lAS Administrations, Inc. and the Church of Scientology Religious Trust subsequently joined and adopted said Motion.
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See D.E. 37.

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Plaintiffs filed their Memorandum in Opposition to Defendants' Motion on May 28, 2013. See D.E. 38. 2. Subsequent to the filing of Defendants' Motion and Plaintiffs' Opposition thereto, on

June 25 , 2013 , this Court issued an Order Setting Evidentiary Hearing, scheduling a hearing regarding same for July 24, 2013 . See D.E. 50 3. The parties now respectfully seek a continuance of said hearing due to the following: a. Deposition of Brian Culkin

Defendants' Motion is supported by testimony m the form of an affidavit from Defendants' key witness, Brian Culkin. Defendants have now requested the opportunity to

depose Mr. Culkin prior to this Court' s hearing on the pending Motion, regarding which Plaintiffs have no objection. Mr. Culkin, however, currently resides in Boston, which requires all parties to coordinate schedules and make travel arrangements in order to complete his deposition - a process which cannot be completed prior to July 24, 2013 due to counsels' unavailability as discussed below.
b.

Unavailability of Counsel and Key Witness

Both 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 is

unavailable on July 24, 2013 and the surrounding dates, as is scheduled to be out of town during that time. Subsequent to the hearing date, Mr. Weil ' s schedule is further complicated by a trial in another matter. Likewise, the undersigned counsel will be in transit on that date, returning from New York to Florida. The undersigned is currently engaged in an ongoing rigorous deposition

schedule on a federal case pending in New York, which severely restricts counsel ' s availability

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to attend a hearing set in this matter. Coverage by another attorney versed in Plaintiffs' case and the 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 a specially set trial for the time period surrounding the scheduled hearing. Finally, not only are Plaintiffs' counsels unavailable for the scheduled hearing and at any mutually agreeable times prior to the dates below, but Robert Johnson, a key witness in this matter, is also unavailable on the hearing date and surrounding dates as he is scheduled to be out of 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 attend said hearing, given the extent of scheduling conflicts amongst the parties that currently exists:
September 26, 2013 October 1, 2, 3, 8, 10, 15, 16, 17

5.

Pursuant to Local Rule 3.09, this Court may grant a continuance of the currently

scheduled hearing based upon good cause shown. Based on the foregoing, specifically noting the extensive scheduling conflicts of counsels, both parties argue that this standard is not only met, but exceeded.
WHEREFORE, the parties respectfully request that this Joint Motion for Continuance of

Hearing on Defendants' Motion to Disqualify Plaintiffs' Counsel be granted, and that this Court grant any and all relief deemed just and appropriate.

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CERTIFICATE OF GOOD FAITH CONFERENCE

Pursuant 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 noted herein, all parties agree to the filing of this Motion. Dated: July 3, 2013 Respectfully submitted, s/ Theodore Babbitt Theodore Babbitt, Esq. Florida Bar No: 091146 Babbitt Johnson Osborne & LeClainche, P.A. 1641 Worthington Road, Suite 100 West Palm Beach, FL 33409 Phone: 561-684-2500 Fax: 561-684-6308 tedbabbitt@babbitt-johnson.com -andRonald P. Weil, Esq. Florida Bar No: 169966 Amanda M. McGovern Florida Bar No: 964263 Weil Quaranta McGovern, P.A. Southeast Financial Center, Suite 900 200 South Biscayne Blvd. Miami, FL 33131 Phone: 305-372-5352 Fax: 305-372-5355 RPW @weillaw.net amcgovern@weillaw.net Counsel for Plaintiffs Luis A. Garcia Saz and Maria Del Rocio Burgos Garcia

CERTIFICATE OF SERVICE

We hereby certify that, on July 3, 2013 , we electronically filed the foregoing document with the Clerk of the Court using CM/ECF. We also certify that the foregoing document is being served this day on all counsel or pro se parties identified below in the manner specified, either
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via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filings.

F. Wallace Pope, Jr. , Esq. FBN 124449 Johnson Pope Bokor Ruppel & Burns, LLP P.o. Box 1368 Clearwater, FL 33757 Phone: (727) 461-1818 Fax: (727) 462-0365 E-mail: wallyp@ipfirm.com Counsel for Defendants

Nathan M. Berman, Esq. FBN 329230 E-mail : nberman@zuckerman.com Lee Fugate, Esq. FBN 170928 E-mail: lfugate@zuckerman.com Jack E. Fernandez, Esq. FBN 843751 E-mail: jfemandez@zuckerman.com Mamie V. Wise, Esq. FBN 65570 E-mail : mwise@zuckerman.com Zuckerman Spaeder, LLP 101 E. Kennedy Blvd., Suite 1200 Tampa, FL 33602 Phone: (813) 221-1010 Fax: (813)223-7961 Counsel for Church of Scientology Religious Trust

Marie Tomassi, Esq. FBN 772062 Trenam Kember Scharf Barkin Frye O'Neill & Mullis, P.A. Bank of America Bujilding 200 Central Avenue, Suite 1600 St. Petersburg, FL 33701 Phone: (727) 820-3952 Fax: (727) 820-3972 E-mail: mtomassi@trenam.com Counsel for lAS Administrations, Inc. And U.S. lAS Members Trust