Legal Update VIII: PBFC vs. Kennedy, The Saga Continues

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Legal Update VIII: PBFC vs. Kennedy, The Saga Continues
November 28, 2020

On November 20^th, we emailed our report on the court hearing held on November 17^th. At that hearing, the Judge repeatedly implored the parties to “roll up their sleeves” to settle or at least narrow the issues, directing stern warnings to the “new” Club officers that their legal expenses will only continue to mount if they maintain their present course. He also verbally discussed various motions before him, and allowed Kennedy 10 days to cure several defects in previously-made filings. On the evening of Monday, November 23^rd, the Court posted seven written orders to the case docket:

11/23/2020 06:20:04 PM	Order Denying (Kennedy's) Motion for Temporary Attorney Fees and Costs
11/23/2020 06:20:00 PM	Order Granting Plaintiff's Motion to Correct Scriveners Error
11/23/2020 06:19:57 PM	Order Denying Motion (Denying Kennedy's Motion for Default)
11/23/2020 06:19:49 PM	Order Granting Motion to Dismiss (Kennedy's Counterclaim)
11/23/2020 06:19:45 PM	Order Compelling Discovery (Better Answers to Interrogatories by Kennedy)
11/23/2020 06:19:42 PM	Order Compelling Discovery (Better Responses to Request to Produce by Kennedy)
11/23/2020 06:19:40 PM	Order Granting Motion to Strike (Kennedy's Answer and Affirmative Defenses)

The November 23, 2020 “Order Granting Motion to Strike (Kennedy's Answer and Affirmative Defenses)” also provided that Kennedy “shall have ten (10) days to file an Amended Answer.” Likewise, the “Order Granting Motion to Dismiss (Kennedy's Counterclaim)” provided that Kennedy “shall have ten (10) days to file an Amended Counterclaim attached to his Amended Answer.” If the 10-day clock begins on the date of the order (November 23, 2020), then it seems Kennedy will have until Thursday, December 3, 2020, to make his amended filings. As of this newsletter, we have not seen any of these amended filings from Kennedy.

The pending filings notwithstanding, the Club officers have apparently rejected the Judge’s plea to roll up their sleeves in the interests of judicial efficiency and financial savings to the Club. On Wednesday, November 25, 2020 – the very last date the Club said the documents were due – the Club filed a motion to extend their deadline to produce documents to Kennedy. The Club stated that the existing deadline to produce was on “November 25, 2020 - Thanksgiving,” but also acknowledged that deadline been established on or about October 25^th (an entire month earlier). Other than the implicit impropriety of requesting an extension on the due date, the other problem is that November 25, 2020 isn’t Thanksgiving Day. The 25^th was Wednesday, the day before Thanksgiving Day, when the Club dropped this motion into the docket.

Even if it was technically legal to file such a last-minute motion, we have a hard time believing the Judge will be favorably impressed, or will believe that the Club took his counsel to heart. Of course, there could be more going on behind the scenes that we can’t see. The court’s docket system has been slow to display filings in a timely manner, so we’ll have to wait and see.

We will update the litigation pages as this case proceeds. Please feel free to continue sending feedback to news-feedback@pompanobeachflyingclub.info or just reply to this newsletter. Below are some quick links to the main areas of our web site.

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