Re: [CLC-Discussion] Enforcement of Settlement Provisions in Bankruptcy
Good Morning All,
Mr. Hammes and Mr. Nardella have been gracious enough to provide permission for me to circulate the attached outline to our group. If there is additional interest, they would be pleased to talk to us during one of our monthly meetings. I do not know if CLE credit was authorized yet for this presentation, but I am sure that can be arranged.
Sherry Lambson-Eisele, Esq.
South Milhausen, P.A.
Gateway Plaza, Suite 1200
1000 Legion Place
Orlando, FL 32801
sleisele@southmilhausen.commailto:sleisele@southmilhausen.com
Tel. (407)539-1638 x 340
Fax. (407)539-2679
Mobile. (407)405-8801
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Group:
What is considered to broad of a discovery request in a 558 notice? I have asked for some pretty relevant documents and the other side is refusing to provide based on the fact that my request is to broad and I can obtain from public records. I have asked for soil compaction test, etc…
Erum Siddiqui Kistemaker
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1651 N. Clyde Morris Blvd. #2
Daytona Beach, FL 32117
Tel: (386)310-7997
Cell: (386)566-1899
Fax: (386) 478-4425
ekistemaker@e-kbusinesslaw.commailto:certl@e-kbusinesslaw.com
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From: Sherry Eisele [mailto:sleisele@southmilhausen.com]
Sent: Monday, July 16, 2012 11:50 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Enforcement of Settlement Provisions in Bankruptcy
Good Morning All,
Mr. Hammes and Mr. Nardella have been gracious enough to provide permission for me to circulate the attached outline to our group. If there is additional interest, they would be pleased to talk to us during one of our monthly meetings. I do not know if CLE credit was authorized yet for this presentation, but I am sure that can be arranged.
Sherry Lambson-Eisele, Esq.
South Milhausen, P.A.
Gateway Plaza, Suite 1200
1000 Legion Place
Orlando, FL 32801
sleisele@southmilhausen.commailto:sleisele@southmilhausen.com
Tel. (407)539-1638 x 340
Fax. (407)539-2679
Mobile. (407)405-8801
NOTICE: The information contained in this electronic mail transmission is intended by this law firm for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee. It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply e-mail or calling the above telephone number (collect) so that our address record can be corrected. Thank you for your cooperation.
This Disclaimer is regarding the Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50). If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually-affixed original signatures on original documents.
When our study committee came up with the changes to 558 a few years ago, one of the items that we were concerned with was a soup-to-nuts request for documents at an early stage, the failure to respond to which being sanctionable in later litigation. The early version of 558 was so broad that no one could tell just what was required to be produced. It is my understanding that under today’s law the only items required to be furnished in response to a 558.04(15) request are the items specified therein. That is not to say that other items that could be helpful in assessing settlement may not be requested. It is my understanding that items requested outside of the list in the statute are for voluntary response. You have to convince the other side that such additional documents would be helpful to assess settlement because …
Remember that the goal of 558 is settlement, not to load up in anticipation of litigation (and I am not saying you are).
Having said that, our committee’s determination of what should be produced (as enacted) may be subject to further statutory change. I know that since the last statutory change I have thought that some items not in the list could be helpful to assess settlement.
Sincerely,
Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL 33323
Phone: 954-514-0984
Fax: 954-514-0985 e-mail: leiby@mkpalaw.com
Board Certified in Construction Law
Fla. Supreme Court Certified Circuit Court Civil Mediator
Member, Leiby Alexander Brandt ADR Group, LLC
Member, JAMS Global Engineering and Construction Panel
Fellow, College of Commercial Arbitrators
[cid:image003.jpg@01CD6400.9020AAD0]
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Erum Kistemaker
Sent: Tuesday, July 17, 2012 9:19 AM
To: 'Sherry Eisele'; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Enforcement of Settlement Provisions in Bankruptcy
Group:
What is considered to broad of a discovery request in a 558 notice? I have asked for some pretty relevant documents and the other side is refusing to provide based on the fact that my request is to broad and I can obtain from public records. I have asked for soil compaction test, etc…
Erum Siddiqui Kistemaker
[cid:image004.jpg@01CD6400.9020AAD0]
1651 N. Clyde Morris Blvd. #2
Daytona Beach, FL 32117
Tel: (386)310-7997
Cell: (386)566-1899
Fax: (386) 478-4425
ekistemaker@e-kbusinesslaw.commailto:certl@e-kbusinesslaw.com
www.e-kbusinesslaw.comhttp://www.e-kbusinesslaw.com/
Like Us On Facebook! http://www.facebook.com/#!/ekbusinesslaw
CONFIDENTIAL
The information contained in this e-mail transmission and any attachments thereto is legally privileged and confidential information intended only for the use of the recipient(s) named above. If the reader of this transmission is not an intended recipient, you are hereby notified that any dissemination, distribution, or copying of this transmission is strictly prohibited. If you have received this transmission in error, please immediately alert the sender by reply e-mail and delete this message and any attachments.
[cid:image005.jpg@01CD6400.9020AAD0]please consider the environment before printing this email [cid:image005.jpg@01CD6400.9020AAD0]
From: Sherry Eisele [mailto:sleisele@southmilhausen.com]
Sent: Monday, July 16, 2012 11:50 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Enforcement of Settlement Provisions in Bankruptcy
Good Morning All,
Mr. Hammes and Mr. Nardella have been gracious enough to provide permission for me to circulate the attached outline to our group. If there is additional interest, they would be pleased to talk to us during one of our monthly meetings. I do not know if CLE credit was authorized yet for this presentation, but I am sure that can be arranged.
Sherry Lambson-Eisele, Esq.
South Milhausen, P.A.
Gateway Plaza, Suite 1200
1000 Legion Place
Orlando, FL 32801
sleisele@southmilhausen.commailto:sleisele@southmilhausen.com
Tel. (407)539-1638 x 340
Fax. (407)539-2679
Mobile. (407)405-8801
NOTICE: The information contained in this electronic mail transmission is intended by this law firm for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee. It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply e-mail or calling the above telephone number (collect) so that our address record can be corrected. Thank you for your cooperation.
This Disclaimer is regarding the Uniform Electronic Transactions Act ("UETA") (Florida Statutes Section 668.50). If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually-affixed original signatures on original documents.
Can anyone recommend a surveyor in the Plant City area?
Jennifer Isaksen, Esq.
ISAKSEN LAW FIRM
6814 W County Road 48
Bushnell, Florida 33513
Phone (352) 793-4001
Fax (813) 354-4748
Email: jisaksen@isaksenlawfirm.com
David Hurley at Landmark Engineering...they are in east Hillsborough County
and very knowledgeable of that area. Google Landmark Engineering and get
their contact info. You can use my name if you want. I 've used David as an
expert in cases and he also does CLE classes on easements.
Good Luck.
Mike DeLoach
Description: logo
R. Michael DeLoach, Esq.
Board Certified Civil Trial Lawyer
Board Certified Construction Lawyer
R. Michael DeLoach, P.A.
P.O. Box 2349
Brandon, FL 33509-2349
(813) 654-3411
(813) 654-6912 fax
mailto:michael@deloachlegal.com michael@deloachlegal.com
http://www.deloachlegal.com www.deloachlegal.com
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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Jennifer
Isaksen
Sent: Thursday, July 19, 2012 7:27 AM
To: 'Larry Leiby'; Erum Kistemaker; 'Sherry Eisele';
clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Surveyor
Can anyone recommend a surveyor in the Plant City area?
Jennifer Isaksen, Esq.
ISAKSEN LAW FIRM
6814 W County Road 48
Bushnell, Florida 33513
Phone (352) 793-4001
Fax (813) 354-4748
Email: jisaksen@isaksenlawfirm.com
