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CSK Successfully Obtains Dismissal Based on Plaintiff’s Failure to Comply with Statutory Requirements

06APR

CSK Successfully Obtains Dismissal Based on Plaintiff’s Failure to Comply with Statutory Requirements

CSK West Palm Beach Partners Rachel Beige and Karly Wannos and Associate Rebecca Hertz obtained a dismissal on behalf of Norwegian Cruise Line in Miami-Dade Circuit Court based on the failure to take appropriate action to substitute a party following the Plaintiff’s death.  The Complaint was originally filed in October 2017 for breach of contract for unpaid sales commissions and unpaid wages pursuant Fla. Stat. § 448.08.  The Plaintiff passed away December 2018 and her estate closed in early January 2020 without any substitution or motion for extension being filed. On the eve of Defendant’s Motion to Dismiss, scheduled to be heard January 21, 2020, Plaintiff’s counsel filed a Motion for Extension of Time to File a Motion for Substitution of Plaintiff.  Plaintiff’s counsel asserted that in March 2019 efforts were made to contact Plaintiff’s emergency contact to locate a personal representative, and it was not until January 2020 that Plaintiff’s counsel followed up and discovered the emergency contact had never communicated his prior messages.  Plaintiff argued that even though this was after the deadline, it should be allowed due to a showing of excusable neglect.  The Court rejected Plaintiff’s argument and dismissed the action for failure to comply with statutory requirements following the death of the Plaintiff.