Stockwire Research Group, Inc. et al v. Lebed et al

Filing 63

NOTICE by Constance Lebed re 54 Notice (Other) Cross-Notice of Hearing (Attachments: # 1 Exhibit Sample 1)(Aprill, Susan)

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Stockwire Research Group, Inc. et al v. Lebed et al Doc. 63 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION Case No. 07-22670 CIV-SEITZ/MCALILEY STOCKWIRE RESEARCH GROUP, INC., a Florida corporation and ADRIAN JAMES, a Texas resident, Plaintiffs, v. JONATHAN LEBED, a Florida resident, LEBED BIZ, L.L.C., a New Jersey Limited Liability Company, PIGASA, INC., a New Jersey Corporation and CONSTANCE LEBED, a New Jersey resident, Defendants. / CROSS-NOTICE OF HEARING (20 Minutes- Discovery Calendar) PLEASE TAKE NOTICE that the undersigned will call up for hearing before the Honorable Magistrate Judge John J. O'Sullivan, in the United States District Court, Southern District of Florida, U.S. Courthouse, 300 N.E. 1st Avenue, South Courtroom, Room 203, Miami, Florida 33132, on Thursday, May 1, 2008 at 10:00am, or as soon thereafter as counsel may be heard. THE SUBSTANCE OF THE DISCOVERY MATTER TO BE HEARD 1. On or about March 18, 2008, Defendant Constance Lebed received over 1500 pages of documents related to Plaintiffs' Initial Disclosures. Case No. 07-22670 CIV-SEITZ/MCALILEY 2. The bulk of the documents, approximately 1,400 pages, are highly technical log files ("Log Files") provided to Plaintiff by CIHost, Inc. on or about November 9, 2007. 3. The Log Files are indecipherable to a lay person as a trier of fact. Attached as an example are two pages of the 1,400. 4. Defendant Constance Lebed is unclear about how to interpret the Log Files given the requirements that initial disclosures are supposed to provide information that Plaintiffs claim support its position, but the Initial Disclosures do not or cannot be interpreted. PLEASE GOVERN YOURSELF ACCORDINGLY Dated: April 23, 2008 Respectfully Submitted, s:/.Susan H. Aprill s./ Fla. Bar No. 346934 FOWLER WHITE BURNETT P.A. Espirito Santo Plaza, 14th Floor 1395 Brickell Avenue Miami, Florida 33131-3302 Telephone: (305) 789-9200 Facsimile: (305) 789-920 CERTIFICATE OF GOOD FAITH WE HEREBY CERTIFY that a good faith effort has been made by counsel for the Defendant Constance Lebed prior to the filing of the cross-notice of hearing on this motion, as to all the issues set forth in the above referenced notice but was unable to resolve the issue. -2- Case No. 07-22670 CIV-SEITZ/MCALILEY CERTIFICATE OF SERVICE I hereby certify that on April 23, 2008 the foregoing document was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record on the attached Service List in the manner specified, either 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 Filing. s:/Susan H. Aprill -3- Case No. 07-22670 CIV-SEITZ/MCALILEY SERVICE LIST Stockwire Research vs. Lebed CASE NO. 07-22670 CIV-SEITZ/O'SULLIVAN U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA Peter E. Berlowe Assouline & Berlowe, P.A. 3250 Mary Street, Suite 308 Miami, FL 33133 Telephone: (305) 567-5576 Facsimile: (305) 567-9343 Attorney for Plaintiffs Service via transmission of Notices of Electronic Filing generated by CM/ECF Jonathan Lebed 49 Ivy Place Wayne, NJ 07470 Pro se Defendant Peter A. Koziol Assouline & Berlowe, P.A. 213 East Sheridan Street, Suite 3 Dania Beach, FL 33004 Telephone: (954) 929-1899 Facsimile: (954) 922-6662 Attorney for Plaintiffs Service via transmission of Notices of Electronic Filing generated by CM/ECF [jsg] W:\74714\NOTHRG99.JSG{4/23/8-16:50} -4-

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