LEE COUNTY CLERK OF COURTS CASE SUMMARY CASE NO. 19-CA-001808 Hertz Corporation et al Location: Div Plaintiff Judicial Of?cer: Hayes, Leigh Frizzell vs Filed on: 03/28/2019 Sider, Scott Defendant CASE INFORMATION Case Type: CA Contracts and Indebtedness PARTY INFORMATION Lead Attorneys Plaintiff Hertz Corporation Atwood, Scott Edward Retained 239-344-1 Hertz Global Holdings Inc Atwood, Scott Edward Retained Defendant Sider, Scott Knott, George Hayward Retained DATE EVENTS ORDERS OF THE COURT INDEX 11 03/28/2019 Civil Cover Sheet 1/ 03/28/2019 Complaint 04/01/2019 04/18/2019 04/22/2019 04/22/2019 05/03/2019 05/03/2019 05/09/2019 05/17/2019 05/22/2019 06/03/2019 06/12/2019 Standing Order in Civil Cases a Motion to Appear Pro Hac Vice 4! Motion to Appear Pro Hac Vice Motion to Appear Pro Hac Vice Acceptance of Service a] Stipulation Notice of Unavailability Motion to Dismiss Order Granting Motion of David Dunn to Appear Pro Hac Vice Order Granting Motion of Herbert Beige! to appear Pro Hac Vice Stipulation to Transfer Venue with Proposed Order .. PAGE 1 OF 2 Printed on 06/2 6/201 9 at 9:2 7 AM LEE COUNTY CLERK OF COURTS CASE SUMMARY CASE NO. 19-CA-001808 Order Transferring Case (Judicial Of?cer: Hayes, Leigh Frizzell) Instrument# Recording Needed (Grantors: Hertz Corporation; Hertz Global Holdings Inc, Grantees: Sider, 2019000143638 Scott) 06/18/2019 Notice of Filing Fees Due 06/21/2019 1% Order Granting Motion to Appear Pro Hav Vice DATE FINANCIAL INFORMATION Defendant Sider, Scott Total Charges 100.00 Total Payments and Credits 100.00 Balance Due as of 6/26/2019 0.00 Movant Viducich, Robert Total Charges 100.00 Total Payments and Credits 100.00 Balance Due as of 6/26/2019 0.00 Plaintiff Hertz Corporation Total Charges 500.00 Total Payments and Credits 500.00 Balance Due as of 6/26/2019 0.00 i CERTIFY DOCUMENT TO BE A TRUE CORRECT COPY OF THE RECORD ON FILE IN MY OFFICE. JUN 28 2019 t[dogget?m Cle their-cant our un . or?: a By: o.c. PAGE 2 OF 2 Printed on 06/26/2019 at 9:27 AM 4/1/2019 8:22 AM Filed Lee County Clerk of Courts IN THE CIRCUIT COURT FOR THE TWENTIETH IUDICLAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION CASE NO: 19-CA-001808 Hertz Corporation et a1 Plaintiff vs Sider, Scott Defendant STANDING ORDER IN CIVIL CASES IN THE TWENTIETH JUDICIAL CIRCUIT PURSUANT to Florida Rule of Civil Procedure Florida Rule of Judicial Administration 2.545, and Administrative Order 1.13 entered by the Chief Judge of this Circuit, the parties are ordered to adhere to the following information and procedures applicable to civil lawsuits: 1. SERVICE OF THIS ORDER. The Plaintiff is directed to serve a copy of this order with each Summons issued in this case. One copy of this Order is to be ?led with the Clerk of the Circuit Court with proof of service. The Plaintiff shall pay the appropriate statutory clerk?s fees on copies for each Standing Order issued and attached to the Summons. 2. CIVIL CASE MANAGEMENT SYSTEM. The Supreme Court of Florida has established guidelines for the prompt processing and resolution of civil cases. This Court has adopted a case management system to help meet those guidelines. In contested cases (other than residential mortgage foreclosures which have a separate standing order and case management track; involuntary commitment of sexually violent predators; and eminent domain cases), the parties are required to participate in the case management system. The case management system requires early consultation and cooperation among the parties for the preparation and submission of an Agreed Case Management Plan, early interaction with a Civil Case Manager and early involvement by the Court. The Agreed Case Management Plan requires the parties to identify a case track, confer in a good faith attempt to narrow the matters in controversy, identify the issues that require direct involvement by the Court, and establish a schedule for addressing those issues.1 The Agreed Case Management Plan may be accessed at the Court?s website at: Unless all of the Defendants have been served and have defaulted, an Agreed Case Management Plan will be submitted to the Civil Case Manager, at the Lee County Justice Center, 1700 Monroe Street, Fort Myers, FL 33901, on or before 150 days ?om the date of ?ling of the initial complaint. If the parties are unable to agree on an Agreed Case Management Plan, a case management conference will be scheduled by the Court. If a case management conference is scheduled, attendance by trial counsel and those parties who are not represented by counsel is mandatory. 1 Case Track options include Expedited, Standard or Complex. Case Tracks have been established in order to comply with the case disposition standards set forth in Florida Rule ofJudicial Administration 3. ALTERNATIVE DISPUTE RESOLUTION (ADR). ADR provides parties with an out-of-court alternative to settling disagreements. The Court requires the parties to participate in ADR prior to trial. Mediation is mandatory unless the parties agree to another form of ADR. Mediation is a conference at which an independent third party attempts to arrange a settlement between the parties. 4. RULES OF PROFESSIONALISM. The Twentieth Judicial Circuit has adopted Administrative Order 2.20, which sets forth standards of professional courtesy and conduct for all counsel or pro-se litigants practicing within the Circuit. The Court requires that all familiarize themselves and comply with Administrative Order 2.20. Administrative Order 2.20 may be viewed on the Court?s website at: adminasp 5. CONTACT INFORMATION. Attorneys and pro se parties are required to keep the court apprised of their current address, telephone numbers and email address. This information is also required to be included in all pleadings ?led in your case. DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida Alane C. Laboda (electronicallv siznec? Administrative Circuit Judge on ?le in the of?ce of the Circuit Court Administrative Judge, Lee County Filing 7/51 88223887 E=Fi1ed 041/1 8/2019 05:25:31 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY. FLORIDA CIVIL ACTION THE HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, INC, Plaintiffs, v. Case No. 19-CA-1808 Judge: Leigh Frizzell Hayes SCOTT SIDER Defendant. VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE 0F JUDICIAL ADMINISTRATION 2.510 Comes now David Dunn, Movant herein, and respectfully represents the following: 1. Movant currently resides in New York, New York and is not a resident of the State of Florida. 2. Movant is an attorney and a member of the law ?rm of Hogan Lovells US LLP, with of?ces currently located at 875 Third Avenue, New York, New York 10022, telephone number of As of April 29, 2019, the of?ces of Hogan Lovells US LLP will be located at 390 Madison Avenue, New York, New York 10017. 3. Movant has been retained as a member of the above-named law ?rm on April 9, 2019, by Defendant, Scott Sider, to provide legal representation in connection with the above- styled matter now pending before the above-named court of the State of Florida. 4. Movant is an active member in good standing and currently eligible to practice law in New York under the bar number 1236769. Other jurisdictions/bar numbers are as follows: JURISDICTION NUMBER District of Columbia Reg. No. 250621 eFiled Lee County Clerk of Courts Page ?1 IURISDICTI Wisconsin (West District) #1236769 Wisconsin (Eastern District) n/a U.S. District Court EDNY U.S. District Court SDNY U.S. District Court NDNY, Reg. No. 510305 U.S. District Court DDC U.S. District Court Michigan (Eastern District) U.S. District Court ND Cal. U.S. Court of Appeals 2'1d Circuit U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 5m Circuit U.S. Court of Appeals 10111 Circuit U.S. Court of Appeals - 11th Circuit U.S. Court of Appeals DC Circuit U.S. Supreme Court DATE OF ADMISSION September 11, 2018 May 23, 1997 March 15, 1979 March 21, 1979 February 1, 2000 December 1, 1980 1984 December 4, 1979 May 3, 1979 August 1, 1989 June 21, 2018 September 28, 1987 January 30, 1981 January 18, 1982 5. There have been no disciplinary, suspension, disbarment, or contempt proceedings initiated against Movant in the preceding 5 years. 6. Movant, either by resignation, withdrawal, or otherwise, never has terminated or disciplinary, disbarment, or suspension proceedings. attempted to terminate Movant?s of?ce as an attorney in order to avoid administrative, 7. Movant is not an inactive member of The Florida Bar. 8. Movant is not now a member of The Florida Bar. eFiled Lee County Clerk of Courts Page 2 9. Movant is not a suspended member of The Florida Bar. 10. Movant is not a disbarred member of The Florida Bar nor has Movant received a disciplinary resignation or disciplinary revocation from The Florida Bar. 11. Movant has not previously been disciplined or held in contempt by reason of misconduct committed while engaged in representation pursuant to Florida Rule of Judicial Administration 2.510. 12. Movant has not ?led any motion to appear as counsel in Florida state courts during the past ?ve (5) years. 13. Local counsel of record associated with Movant in this matter is George H. Knott (Florida Bar No. 0375918) who is an active member in good standing of The Florida Bar and has o?ices at 1625 Hendry Street, Suite 301, Fort Myers, FL 33901, telephone number (239) 332? 2722. 14. Movant has read the applicable provisions of Florida Local Rule of Judicial Administration 2.510 and Rule 1-3.10 of the Rules Regulating The Florida Bar and certi?es that this veri?ed motion complies with those rules. 15. Movant agrees to comply with the provisions of the Florida Rules of Professional Conduct and consents to the jurisdiction of the courts and the Bar of the State of Florida. WHEREFORE, Movant respectfully requests permissi . -. .. . in this court for this cause only. DATED this 5] of April, 2019. Movant David HOGAN VELLS US LLP 875 Third Avenue New York, NY 10022 (212)-91 8-3000 sFiled Lee County Clerk of Courts Page 3 david.dunn anloveils.com STATE OF NEW YORK COUNTY OF NEW YORK Before me, the undersigned notary, on this day personally appeared David Dunn, the af?ant, whose identity is known to me. After I administered an oath, a?iant testi?ed as follows: 1, David Dunn, do hereby swear or af?rm under penalty of perjury that I am the Movant in the above-styled matter; that I have read the f. - and the contents are true ofmy own knowia-ry . . '7 and know the contents thereof, SWORN TO AND SUSCRIBED before me by Da mm on this ay of April, 2019. Notary eFiled Lee County Clerk of Courts Page 4 I hereby consent to be associated as local counsel of record in this cause pursuant to Florida Rule of Judicial Administration 2.510. DATED this 33: day of April, 2019. BY. v6U< eorge H. Kn Bar 75918 Local Counsel of Record Knott Ebelini Hart 1625 Hendry Street, Suite 301 Fort Myers, FL 33901 Telephone: (239) 332-2722 Facsimile: (239) 334?2801 lg. meowele?knottdawcom CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing motion was served by mail to PHV Admissions, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399?2333 accompanied by payment of the $250.00 ?ling fee made payable to The Florida Bar; and by electronic ?ling and served upon the individuals identi?ed in the below Service List via e-mail through the Florida Courts E-?ling Portal Local jounse of Record Knott Ebelini Hart 1625 Hendry Street, Suite 301 Fort Myers, FL 33901 Telephone: (239) 332?2722 Facsimile: (239) 334-2801 glgnot?aiknott?iawcom moomelef??lknottvlawcom eFiled Lee County Clerk of Courts Page. 5 Scott E. Attwood, Esq. Henderson, Franklin, Stames Holt, RA. 1715 Monroe Street Fort Myers, Florida 33902 Phone: (239) 344-1100 Fax: (239) 344?1571 Email: Attorneys ?Jr Plainti?is Robert Viducich, Esq. Law Of?ce of Robert R. Viducich 40 Wall Street, 28th Floor New York, ew York 10005 Phone: (212) 400-7135 Email: Pro hac vice application to be ?led Attorneys for Plaintz?fs Herbert Beigel, Esq. Law Of?ces of Herbert Beigel 5641 N. Chic-?an Trail Tucson, AZ 85750 Phone: (520) 825-1995 Mobile: (520) 869?5836 Fax: (520) 844-6215 Email: hbeigelgdimexom Pro hac vice application to be ?led eFiled Lee County Clerk of Courts Page 6 Filing 88331317 E?Filed 04/22/2019 03:35:02 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA . CIVIL ACTION HE. HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, me, - CIVIL ACTION Plainb'??s, 7 FILE NO, v. SIDER, Defendant. VERIFIED MOTION OF HERBERT FOR ADMISSION TO APPEAR PRO HAG VICE PURSUANT TO FLORIDA RULE JUDICIAL ADMINISTRATION 2.510 Movant, HERBERT BEIGEL, respectfully represents the follouiing: 1. Movan?t resides in Tucson, Arizona. Mevant is not a resident of the State of Florida. 2- Movant is an. attorney and a member of the Law Of?ces of Herbert Beigel, 5641 N- Chie?an Trail;.Tucson, Arizona 85750:. .3. Movant is. a member of the above-named ?Iew ?rm and was, retained by Plaintiffs,- The Hertz ?CorporatIOn and Hertz Global Holdings, Inc. to provide legal representation in. connection with the above?styled. matter now pending before this court. .4. 'Movant is a member in good standing of the bar of the Stete of Arizona {331? No. 214-23, admitted 2002), the State Of New York (506-047,. admitted 2012}, the State of No. 158194. admitted 1970}, the District of Columbia (No Bar No., admitted 1969) and the respective federal courier eFiled Lee County Clerk of Courts Page 1 5. There are no disciplinary proceedings against Movant. 6. Within the past We (5) years: Movant has not been: subject to any? disciplinary proceedings- 7. Movant has never been subject to any suspension proceedings. 8. Movant haS never bean Subject to any disbarm?eht proceedings- 9? Movant, either by resignation, withdrawal, or othehnise, never has terminated or attempted to. terminate Movant?s of?ce as en'- attorney in order?to avoid administrative, disciplinary, disbarment, or suspensidn. proceedings. 10.. Movant is not an inactive member of The Florida Bar- 11, Moirant is not now: a member of The Florida Bar. ?12. Movant is not a suspended member of The Florida Bar. 13. Mov?ar'zt is not a disbarred member of The Fibrida Bar? not has Movant received 'a disciplinary resignation from The Florida Bar, 14. Movant hes not previously been disciplined nor held in contempt by readon of misco?ndUct committed while. engaged 'in representation oursuan't to Florida Rule of Jud iciai Administration 2.510. 15. Movar?rt has not ?led a motion to appear as mussel in Florida state Courts during the past 16. Local counsel of racerda?ssociated With Moxiant in this matter are Scott E. Atwood, Eeq.,_ Bar No.0060331, Who is an active member in good standing of The Florida Bar and has of?ces at Henderson, Franklin,- Stames- Holt, PA, 1715 Monroe Street, Fort Myers, Fiorida 33902. eFiled Lee County Clerk of Courts Page 2 Movent has read the applicable provisions of Florida Rule of IJ'udiclal Administration 2510 ?and Rule of the Rules Regulating The Flarr'da Bar and certi?es that this veri?ed motion complies with those rules; 18'. Movant agrees to oomply With the provisions of the Flo'rlda Rules of Professional Conduct and consents to the jurisdiCtion of the courts and the. Bar of the State of Florida. Movant requests permission to" appear in this court for this eau'Se only. DATED this 1.ch day of April, 2019. ?4 Herbal?: Belg Arizona Bar umber 021423 Movant Law Of?ces of Herbert Beigel 5641' N. Chie?ah Trail Tueson, AZ 85756 Phone: 52043251995 Email: hbeigel@me.com ARIZONA COUNTY OF l, Herbert Beige]. do hereby swear or af?rmunder penalty of perjury that [am the 'Movant in the above-styled matter; that have read the foreQOihg Motion and know the contents thereof, and the contents are true of my own knowledge and belief. Sworn ,nd'subecribed before 'me This day 2-019 eFiIed Lee County Clerk of Courts Page 3 WM admit PUBLIC MVCOmmission expires: ?3115 I33 I hereby consent to be aesociated ?as local counsel of record in this cause pursuant to Florida Rule of Judicial Administration 2.510. DATED this ZZM/day?ipnl 0% at E. Atwood Florida Bar No. 0060331 HENDERSON. FRANKLIN, STARNES HOLT. PA. Counsel for Plaintiffs P.0. Box 280 Fort Myers. Florida 33962~0280 Telephone: 239 344 1287 Facsimile: 239. 344- 1571- Primary? E?Mail: soottatwood@henlaw. com Secondary E?Mail: Ilse mostraVock@henlaw. Gem CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing motion was seamed by mail to PHV Admissions, The Florida Bar 651 East Jefferson Street, Tallahassee Florida 32399?2333 accompanied by payment of the $250. 00 ?ling fee made payable to The Florida Bar; ?and by email and via the Court's e?iing system to David Dunn Esq This 223}! day of April, 2019. Herbert 86$ve, f/?w Hr Movant eFiled Lee County Clerk of Courts Page 4 Filing 88331816 E-Filed 04/22/2019 03:38:19 PM IN THE CIRCUIT COURT OF THE TWENTIETH CIRCUIT IN AND FOR LEE COUNTY, FLORIDFL ACTION THE HERTZ CORPORATION End HERTZ GLOBAL HOLDINGS, Plafn?ffa ACTION FILE. NO. V. SCOTT SIDER, Defendant. 6F BERT VIDUGTCH FOR ADWSSION To APPEAR PRC HAG WEE PURSUANT FLORIDA RULE QF JUDICIAL ADMIEISTRATION 2 510 Movant, ROBERT R. VIDUCICH, reapectm?y mpresents the fEIIowing: 1- Movant maids-as in New York, New York. Movant 35 net a resident 9f the $tate'cf Florida. I 2., Mmlant is An attorney and a member Qf'The Law Of?ce 0f Robert R. VidUcich. 4.0 Wail Street, 28th Floor, New York, New Tgrk. 10005, 3. Movant is a member ET the abovemamed law ?rm and was ratai'ned by Plaintiffs, The 'HErtz Corporation and Hertz Globe! "Holdings. inc, ta previde legal representation In connection with. the above-styled matter now pending befare' {his- court. 4. Movant is an active member in good standing and cUrren?y-Eligibie (a practice law in the State of NEW York. Bar Ne. 2535540 (admitted 1993) 3M: the District 9T Columbia, Bar No. 445260 (admiited 1995). 5. There are he disciplinary proceedings against Mavam; eFiled Lee County Clerk of Courts Page 1 6. W?thin the past ?ve {53- years, Movent hes not been subject to any dieslplinary?proceedings. T. Move nt has never beensubjeet to any suspension proceedings. 8. Movent has never been subject to any disbarmenl E3, Maven; either by resignation. withdrawal, or etherwise. never has terminated or attempted t0 terminate Movanf?s an atterney in order to amid administrative, disciplinary, or seepens?ien proceedings. 10. Maven} is not an inactive member of TheFleridaBar. Movent is net new a member of The Florida Bar. 12,, ?Mevent is not a suspended member of The Florida Bar. 13. Mova'nt ls not a disbarred member of The Flerlde Bar nor has Movant. received a disciplinary reeignatien' from The Flerida Ber. 14. Movent has not previously been disciplined nor held in eentempt-by reason of misconduct semmitteci while engaged in wp'resentetlon pursuant to Florida Rule of Judicial Administration 2.510.. 15. Mevant haehot?l?eda motion. to appear as counsel in Florida state Courts during the past (5) years. 16. Lace! counsel of record essdcieted with Movant in this matter ereScott E. Ahmed, Bar No.0060331. who is an some member in-goocl standing of The Florida Bar and has of?ces at Hendersen, Franklin, Siamese 82 Halt, PA, 1715 Menroe Street, Fort Myers; Florida 33992; eFiled Lee County Clerk of Courts Page 2 Movani bee read the applicable provisions of Florida Rule of Judicial Administration 2.510 and Rule 1-6310 of the Rules Regulating The Florida Bar and certifies that thieveri?ed motion complies with those rules. 18. Moirant agrees to comply with the provisions of the Florida Rules of Professional Conduct'enci consents to the jurisdiction of the courts and-me Bar of the State of Florida. WHEREFGRE, movent respectfully requests permission to appear in this oounfor this cause only. -7 rt: EATER) this 19 day oprnl??g 9 Roger: R. New York Bar Number 2535540 Movarrt Law-Of?ce of Robert RrVidUCiGh 40'Wali Skeet, 28th Floor New York, New York 10005 Phone: "212-40041 35 Email: widuoich?grwlawoom STATE OF NEW YORK COUNTY OF NEW YORK 1, Robert R1 Viducioh. do hereby 'sWeer or af?nn under penalty of? liern the Moment in the aboveetyled merrier; that ,i have read the foregoing Motion and know the contents thereof and tire oonterpe are tr of my own knowledge and belief; a" Robert Movant Far Sworn and subscribed before me This 13 dayol?April 2019 eFiled Lee County Clerk of Courts Page 3 ESTEFANY CABDENAS 140mm mam-emu; or New Yam: ?irt? 1/ (51.4333 NOTARY FIU BLIC Qua?ifiad in Queens Gaunt; (In a - My cummission' expires: KP 23 2022 i hereby consent ta be associated as iecak cuunsel of record in this cause pursuant to Fiorida Rule of Judicial Administrati one H510 DATED .t'nis ?1223:1311 'on?da earNo 00553331 HENDERSON, STARNES 8r HOLT, PA. Counseifer Plaintiffs Box 280 Fort Myers Florida 3339030280 Telephone: 239 344. 1287 Facsimile: 239 34.4 1571 Primary E-Mail: scett.atwood@henlaw.com Secondary E-Meil: CERTIFICATE 95.553V?c? I that a true and goeect cepy ef the foregoing me?en was served by mail to PHV Admissions Tue Florida Bar 351.3213 Jefferson Street Taflahassee Florida 32399-2333 accompanied by payment of the $250 09 ?ling fee made payable to The Fiorida Bar; and by email and via the Court e??iing system to David Dunn. Esq This 22% day otApr?i eFiled Lee County Clerk of Courts Page 4 Filing 88938570 E-Filed 05/03/2019 10:34:49 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY. FLORIDA CIVIL ACTION THE HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, INC, Plaintiffs, v. Case No. 19-CA-1808 Judge: Leigh Frizzell Hayes SCOTT SIDER Defendant. ACCEPTANCE OF SERVICE Defendant, Scott Sider, by and through his undersigned attorney, hereby accepts and acknowledges service of the Complaint in the above-styled action and, by agreement of the parties, shall ?le a responsive pleading to the Complaint on or before May 20, 2019. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been electronically ?led through the Florida Courts E?Filing Portal and sent via electronic mail to the parties listed on the attached Service List this day of May 2019. EBELINI HART Attorney for the Defendant 1625 Hendry Street, Suite 301 Fort Myers, FL 33901 Ph: (239) 334-2722 Fax: (239) 334-2801 (Primary) ggi?i?i?knottnlawcom (Primary) Georg Florida Bar No. 109093 e'Filed Lee County Clerk of Courts Page 1 Scott E. Atwood, Esq. Henderson, Franklin, Starnes Holt, RA. 1715 Monroe Street Fort Myers, Florida 33902 Phone: (239) 344-1100 Fax: (239) 344-1571 Email: Attorneys for Plainti?fs David Dunn, Esq. Hogan Lovells US LLP 875 Third Avenue New York, New York 10022 Phone: (212) 918-3515 Fax: (212) 918-3100 Email: Attorney for Defendant Pro hac vice application pending SERVICE LIST Herbert Beigel, Esq. Law Of?ces of Herbert Beigel 5641 N. Chie?an Trail Tucson, AZ 85750 Phone: (520) 825-1995 Mobile: (520) 869-5836 Fax: (520) 844-6215 Email: hbei- el?nreeom Attorney ?Jr Plainti?fv Pro hac vice application pending eFiled Lee County Clerk of Courts Page 2 .Filing 88938570 E-Filed 05/03/2019 10:34:49 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION THE I-IERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, INC, Plainti?'s, v. Case No. 19-CA-1808 Judge: Leigh Frizzell Hayes SCOTT SIDBR Defendant. STIPULATION The parties hereby stipulate and agree that a responsive pleading to the Complaint shall be due from Defendant, Scott Sider, on or before May 20, 2019. The patties further stipulate and agree to the entry of orders permitting David Dunn and Herbert Beige] to appear in the above-referenced case pro hac vice. Scott E. Atwood, Esq. George H. Knott, Esq. Henderson, Franklin, Knott Ebelini Hart Stames Holt, P.A. 1625 Hendry Sgtreet, Suite 301 1715 Monroe Street Fort myes, Florida 33901 Myers, Florida 33902 Ph: (23 9) 334-27 22 Phone: (239) 344-1100 Fax: (239) 334-2801 Fax: (239) 344-1571 gkno?wott-lawxom Email: scottatwood a ?henlaw. com meomejg?cw Afro: w?n Coun%%fendmt ?if! BY agcott Atwood I: Florida BarNo. 0060331 Dated: 5;;230? I eFiIed Lee County Clerk of Courts Page 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been electronically ?led through the Florida Courts E-Filing Portal and sent via electronic mail to the parties listed on the attached Service List this may of May 2019. KNOTT EBELINI HART Local Counsel for the Defendant 1625 Hendry Street, Suite 301 Fort Myers, FL 33901 Ph: (239) 334-2722 Fax: (239) 334-2801 Gknotth?knott?lawcom (Primary) knott-lawcom (Primary) vknott?lawcom (Secondary) eFiled Lee County Clerk of Courts Page 2 Scott E. Atwood, Esq. Henderson, Franklin, Stames Holt, RA. 1715 Monroe Street Fort Myers, Florida 33902 Phone: (239) 3444100 Fax: (239) 344-1571 Email: Attorneys for Plainn?S' David Dunn, Esq. Hogan Lovells US LLP 875 Third Avenue New York, New York 10022 Phone: (212) 918?3515 Fax: (212) 918-3100 Email: Daviddung?hoaanjovellsoom Attorneyjbr Defendant Pro hac vice application pending eFiled Loo C3 Herbert Beigel, Esq. Law Of?ces of Herbert Beige! 5641 N. Chic?an Trail Tucson, AZ 85750 Phone: (520) 825-1995 Mobile: (520) 869?5836 Fax: (520) 844-6215 Email: Izbeigelfi?mcgom Altorney?r Plainti?s' Pro hac vice application pending oLm'ty Clerk of Courts Page :3 Filing 89247941 E-Filed 05/09/2019 01:09:53 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY. FLORIDA CIVIL ACTION THE I-IERTZ CORPORATION and I-IERTZ GLOBAL HOLDINGS, IN C., Plaintiffs, v. Case No. Judge: Leigh Frizzell Hayes SCOTT SIDER . Defendant. . . NOTICE OF UNAVAILABILITY PLEASE BE ADVISED that George H. Knott of the law ?rm of Knott Ebelini Hart will be unavailable commencing July 22, 2019, and will not be returning to the of?ce until July 30, 2019 and will be unavailable commencing August 9, 2019, and will not be returning to the of?ce until August 20, 2019. It is respectfully requested that no hearings, depositions, or other matters that require the presence of counsel be conducted during this time. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been electronically ?led through the Florida Courts E-Filing Portal and sent via electronic mail to the parties listed on the attached Service List this X, day of May, 2019. KNOTT EBELINI HART 1625 Hendry Street, Suite 301 Fort Myers, FL 33901 Ph: (239) 334-2722 Fax: (239) 334-2801 Gknottiwknottn-law. com (Primary) mcorneleknott-Iawwea (Secondary) Lee County Clerk of Courts Page 1 SERVICE LIST Scott E. Atwood, Esq. Henderson, Franklin, Starnes Holt, PA. 1715 Monroe Street Fort Myers, Florida 33902 Phone: (239) 344-1100 Fax: (239) 344-1571 Email: scottetnvoodg?i?henlawcom Attorneys for Plainn?fs David Dunn, Esq. Hogan Lovells US LLP 875 Third Avenue New York, New York 10022 Phone: (212) 918-3515 Fax: (212) 918-3100 Email: Baviddunn?honanlovellsxom Attorney for Defendant Pro hac vice application to be ?led Herbert Beigel, Esq. Law Of?ces of Herbert Beige] 5641 N. Chieftan Trail Tucson, AZ 85750 Phone: (520) 825-1995 Mobile: (520) 869-5836 Fax: (520) 844-6215 Email: hbeigeliig?imecom Attorney for Plainti?fs Pro hac vice application to be ?led .. eFiled LeeCounty. Clerk of. Courts Page, 2 filing at 89723271 E=Filec105/17/2019 02:38:20 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY. FLORIDA CIVIL ACTION THE HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, INC., Plaintiffs, v. Case No. 19-CA-1808 Judge: Leigh rizzell Hayes SCOTT SIDER Defendant. MOTION TO DISMISS Defendant, Scott Sider, by and through undersigned counsel, moves the Court, in accordance with Rules 1.130 and 1.140, of the Florida Rules of Civil Procedure, for an Order dismissing the Complaint and as grounds therefor say: 1. Plaintiffs, The Hertz Corporation and Hertz Global Holdings, Inc. (collectively referred to herein as ?Hertz?), brought the above?styled action against Defendant, Scott Sider (referred to herein as ?Sider?), alleging three counts of breach of contract and one count for declaratory judgment. I. INIPRQPER VENUE 2. Hertz has alleged within its Complaint that venue is proper in Lee County pursuant to section 47.011, Florida Statutes, ?because Hertz?s headquarters are in Lee County, Florida, and because the causes of actions stated herein accrued in Lee County.? Compl. 11 13. 3. Hertz must plead facts suf?cient to support a basis for venue in Lee County, and failure to make these allegations requires the Court to dismiss the action for improper venue, or Pozo v. Roadhouse Grill Inc. 790 So. 2d 1255 (Fla. 5th DCA 2001). Here, Hertz has to transfer. sFilsd Lea County C31 ark of Courts Page *1 not speci?cally pleaded factual allegations to support the venue allegation contained in Paragraph 13. 4. Section 47.011, Florida Statutes, states that ?[a]ctions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.? As such, that Hertz is now headquartered in Lee County is of no moment. 5. The question before the Court is whether the causes of action alleged in the Complaint accrued in Lee County. Sider attaches the af?davit of Scott Sider, in support of this Motion, as Exhibit and incorporates the same herein by reference. 1. Allegations Related to Breach of Contract 6. Hertz has alleged three separate causes of action for breach of contract in Counts I, II, and 7. A cause of action for breach of contract is said to have accrued in the county where the breach occurred. Precision Software Inc. v. Gauthier 605 So. 2d 592, 594 (Fla. 2d DCA 1992). In the case of an anticipatory breach of contract, the cause of action accrues where the repudiation was made. .553 Nissan N. Am., Inc. v. Vitale, 802 So. 2d 465, 467 (Fla. 2d DCA 2001) 8. Count I of the Complaint alleges that on February 13, 2019 counsel for Hertz contacted counsel for Sider and demanded return of Sider?s incentive-based compensation from ?scal years 2011, 2012, and 2013. Compl.1[ 81. 9. Count I goes on to state that Sider refused to return the demanded incentive-based compensation and that as such Sider ?materially breached his obligations under the 2010 sFlled Lee County Clerk of Courts Page 2 ClawBack Policy, and his various incentive compensation agreements, by failing to remit his incentive-based compensation from ?scal years 2011, 2012, and 2013. Comp]. 1M 82 and 83. 10. Sider did not reside in Lee County when the demand for reimbursement and his refusal to comply with that demand occurred. Sider Aff. 9 and 10. 11. Sider has lived in Collier County from December 2014 to the present. Sider Aff. 1] 11. 12. As such, venue is not proper in Lee County, and this matter should be dismissed or transferred to Collier County. ii. Allegations Related to Declaratory Judgment 13. Count II of the Complaint alleges that ?certain of the incentive-based compensation received by Sider in his Separation Agreement was ?based on achievement of ?nancial result that were the subject of the Company?s July 2015 Restatement.? Comp]. 11 87. 14. Count II alleges generally that based upon ?misconduct and gross negligence set forth above? and the ?ClawBack Policy as amended and restated in 2014? demand was made in February 13, 2019 by counsel for Hertz upon counsel for Sider for repayment of incentive-based compensation and bene?ts derived from Sider?s Separation Agreement. Compl. 1[ 89. 15. Hertz alleges that Sider materially breached his obligations under the 2010 ClawBack Policy for failure to remit the incentive-based compensation. Compl. 1[ 91. 16. Sider did not live in Lee County when the demand for reimbursement or his refusal to remit the amounts demanded occurred. ?e_e Sider 9 and 10. 17. Sider has lived in Collier County from December 2014to the present. ?e_e Sider eFilad Lee County Clerk of Courts Page :3 18. As such, venue is not proper in Lee County, and this matter should be dismissed or transferred to Collier County. Count 111 19. Count 111 alleges that Sider breached his obligations under the Standards of Business Conduct based upon ?gross negligence and misconduct, and failure to disclose the gross negligence and misconduct of the other aforementioned key senior executives, during and for the Restatement Period.? Comp]. ll 96. 20. Sider never worked for Hertz in Lee County. ?e_e Sider Aff. 9 and 10. 21. As such, venue is not proper in Lee County, and this matter should be dismissed or transferred to Collier County. Count IV 22. Count IV alleges a cause of action for declaratory judgment denying advancement of expenses and legal fees under Section 6.01 of Article VI of the Amended and Restated By? Laws. ??e_Compl. 91. 23. Hertz alleges that Sider is not entitled to indemni?cation or advancement of expenses in the contract-based actions they have brought against Sider, and that even if that were the case such would be inconsistent with and negated by the ClawBack Enforcement Provision. ?e?ompl. 105 and 106. 24. suit for declaratory relief does not, of itself, constitute a cause of action for the purpose of activating the venue statute." Royal Jones Associates, Inc. v. Cigna Ins. Co., 575 So. 2d 309, 310 (Fla. 2d DCA 1991). "Rather, the underlying relief sought determines venue." Jacobs Goodman, P.A. v. McLin, Burnsed, Morrison, Johnson Robuclg, P.A., 582 So. 2d 98, 100 (Fla. 5th DCA 1991). eFiled Lee County Clerk of Courts Page 4 25. The relief sought in Count IV is to avoid payment of monies that would be due under Plaintiffs? Restated By?Laws. Any indemni?cation or advancement of expenses due under Section 6.01 of Article VI of the Amended and Restated By-Laws would be payable to Sider, who resides in Collier County. The Florida Companies v. BFA Corp, 424 So. 2d 48, 49 (Fla. 3d DCA 1982) (where disputed payments were to be paid determined venue based upon ?the traditional view that the cause of action accrued where payment was to be received?) 26. Alternatively, Hertz seeks relief from Section 6.01 of Article VI of the Amended and Restated By?Laws based upon the ClawBack Policies and agreements pursuant to which Sider received incentive-based payments. Compl. 102. As stated above, none of the contractual actions based herein accrued in Lee County, but instead each and all of them accrued in Collier County. 27. As such, venue is not proper in Lee County, and this matter should be dismissed or transferred to Collier County. H- 28. Rule 1.130(a) of the Florida Rules of Civil Procedure provides that: ?[all bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, shall be incorporated in or attached to the pleading.? It is axiomatic that under Rule a pleading that asserts a claim for relief based on a written instrument is subject to dismissal for failure to state a cause of action if the instrument is not attached. Safeco Ins. Co. of America v. Ware, 401 So. 2d 1129, 1130 (Fla. 4th DCA 1981); ajsg In re Estate of Vickery, 564 So. 2d 555 (Fla. 4th DCA 1990) (complaint which failed to allege or attach agreement did not state cause of action). eFiled Lee County Clerk of Courts Rage 5 29. Hertz bases its claims in the present action upon various documents and agreements, including, but not limited to: Hertz?s 2010 Compensation Recovery Policy, Hertz's 2014 Compensation Recovery Policy, Hertz's Standards of Business Conduct, a Separation Agreement, a Performance Stock Unit, an Employee Stock Option, a Price Vested Stock Unit, a July 2015 Restatement, a Resolution of February 11, 2019, and Hertz?s Amended and Restated By?Laws (collectively referred to herein as the ?Missing However, none of these documents were attached to the Complaint. 30. Rule 1.130(a) of the Florida Rules of Civil Procedure provides that: ?[all bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, shall be incorporated in or attached to the pleading.? It is axiomatic that under Rule a pleading that asserts a claim for relief based on a written instrument is subject to dismissal for failure to state a cause of action if the instrument is not attached. Safeco Ins. Co. of America v. Me, 401 So. 2d 1129, 1130 (Fla. 4th DCA 1981); ?ee ?ow 564 So. 2d 555 (Fla. 4th DCA 1990) (complaint which failed to allege or attach agreement did not state cause of action). 31. The Missing Documents were therefore required to have been attached to the Complaint under Rule of the Florida Rules of Civil Procedure. Hertz?s failure to attach the foregoing documents mandates that the Complaint be dismissed. VIOLATION OF RULE 1.1 101m, FLORIDA RULES OF CIVIL PROCEDURE 32. Rule 1.110(b) of the Florida Rules of Civil Procedure requires a complaint to provide short and plain statements of ultimate facts. 1 See respectively Complaint paragraphs 1, 48, 74, 77, 79, 104, et a1. aFilsd Lee County Clerk of Courts Page .8 33. Hertz?s Complaint violates this rule inasmuch as each Count not only incorporates by reference the preliminary allegations of the Complaint but also incorporates by reference all of the allegations of each preceding count. Such form of pleading has been found by Florida Courts to violate Rule 1.110(b) of the Florida Rules of Civil Procedure requiring dismissal. Gerentine v. Coastal Securig Systems, 529 Sold 1191 (Fla. 5th DCA 1988) and Frugoli v. Winn-Dixie Stores Inc., 464 So.2d 1292 (Fla DCA 1985). Accordingly, Hertz? Complaint should be dismissed. CONCLUSION 34. The allegations at issue in the Complaint occurred in Collier County, and thus venue is not proper in Lee County. This is further buttressed by the fact that Sider resides and has resided for over four years in Collier County, including when he took the actions alleged in the Complaint to provide the basis for Hertz?s causes of action. See Sider Aff. 1] 4. 35. The Complaint must be dismissed, or transferred to Collier County at the expense of Hertz. 36. Hertz failed to attach to the Complaint documents upon which its actions are based as required under the provisions of Rule 1.130(a) of the Florida Rules of Civil Procedure, and the Complaint must be dismissed. 37. Hertz has failed to plead a short and plain statement of ultimate facts showing that it is entitled to relief as required by Rule 1.110(b) of the Florida Rules of Civil Procedure, and the Complaint should be dismissed. 38. To the extent the Court ?nds that the Motion to Dismiss, does not apply to all portions of the Complaint, the Sider requests an enlargement of time to respond to the Complaint until such time that the Court rules on this Motion. eFiled Lee County Clerk of Courts Page 7 CERTIFICATE or SERVICE mail through the Florida Courts B??ling Portal KNOTT EBELINI HART Attorneys For Defendant 1625 Hendry Street, Suite 301 Fort Myers, FL 33901 (239) 334-2722 H. Knott, Esquire onda Bar No. 375918 and HOGAN US LLP Attorneys for Defendant appearing Pro Hac Vice 390 Madison Avenue New York, New York 10017 (212) 918-3000 daviddunni?oganlcvells.com David Dunn, Esquire Pro Hac Vice application has been ?led .. eFiled Lee-County Clerk of Courts. Page 8. . . I HEREBY CERTIFY that a true and correct copy of the foregoing motion was served by electronic ?ling and served upon the individuals identi?ed in the below Service List via e- SERVICE Lrs'r Scott E. Attwood, Esq. Henderson, Franklin, Starnes Holt, RA. 1715 Monroe Street Fort Myers, Florida 33902 Phone: (239) 344-1100 Fax: (239) 344?1571 Email: scottetwood?henlaweom Attorneys for Plaintiffs Robert Viducich, Esq. Law Of?ce of Robert R. Viducich 40 Wall Street, 28th Floor New York, ew York 10005 Phene: (212) 400-7135 Email: widucichf?farrvlaweom Attorneys for Plainti?s Pro Hac Vice application has been ?led Herbert Beige], Esq. Law Of?ces of Herbert Beigel 5641 N- Chje?an Trail Tucson, AZ 85750 Phone: (520) 825-1995 Mobile: (520) 869?5836 Fax: (520) 844-6215 Email: hbeigelgazmecom Attorneys Plainti?is Pro Hac Vice application has been filed eFiled Lee County Clerk-of Courts Page 9 IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR LEE COUNTY: FLORIDA . CIVIL ACTION THE HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, INC, Plainti?s, v. Case No. 19-CA-17808 Judge: Leigh FriZZell Hayes SCOTT Com 1 STATE OF FLORIDA SS. COUNTY OF COLLIER BEFORE ME, the undersigned authority, Scott Sider, personally appeared who, after being ?rst duly- sworn, deposes and says: 1. That I am Scott Sides 2. That I am over the age of eighteen (18). 3 . That I have personal knowledge ofthe facts set forth herein. 4. I reside in Collier County, Florida. 5. I was formerly employed The Hertz Corporation and Hertz Global Holdings, Inc. (collectively referred to as ?Hertz?) as the president of the rental car unit in the Americas. 6. I resigned my employment with Hertz on or about August 18, 2014. 7. At the time of my resignation, I worked for Hertz in Collier County, Florida. I never worked for Hertz at any other locationor at any other county in Florida. 8. I have never worked for Hertz in Lee County, Florida. 9. I have never worked in Lee County, Florida 10.1 have lived in Collier County from December 2014 to the date of this A?davit. 11. Before Hertz relocated its business headquarters to Collier County, Flo r: I worked for Hertz 111 New Jersey, and resided 111 that State . FURTHER AFFIANT SAYETH NAUGHT. Scott Sider .Yk The foregoing instrument was sworn to and subscribed before me this SQ day of May 2019, by Sider who is personally known to me or who has produced Id; Jet 33(? as identi?cation and who did take an oath. -- - Nam Publle Stem-or Florida 3' JesusRamon . -.. . My Cmnnussiqn 66 109695 .. . Expireommozt Exhibit My Commission expires: 55/34/074 eFiledLee County Clerk of- Courts. .Page 10 Printed Name: 31% eF?ed Lee County Clerk Ccu?rts Page Filing 89958941 E?Filed 05/22/2019 02:17:14 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COUNTY. FLORIDA CIVIL ACTION THE HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, INC., v. Case No. 19-CA-1808 Judge: Leigh Frizzell Hayes SCOTT SIDER Defendant. 0 ER GRANTNG MOTION FOR ADMISSION DAVID DUNN TO APPEAR PRO HAC VICE THIS CAUSE, having come on to be heard upon the Veri?ed Motion for Admission to Appear Pro Hac Vice Pursuant to Fla. R. Jud. Admin. 2.510, and the parties having stipulated to the entry of the Order sought, it is: ORDERED AND ADJUDGED that David Dunn, a member in good standing of the Bar of the State of New York, who is associated with local counsel and a member in good standing of the Florida Bar, George H. Knott, of Knott Ebelini Hart, 1625 Hendry Street, Suite 301, Fort Myers, Florida 33901, is hereby admitted to practice in this Court Pro Hac Vice as one of the attorneys for Defendant, Scott Sider, in accordance with Fla. R. Jud. Admin. 2.510, and the Clerk is directed to add David Dunn to the service list DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida, this day of May 2019. Ijeivgh Fn?i?zell Hayes Circuit Court Judge eFiled Lee County Clerk of courts Page 1 Service of the foregoing, Pumuant to Rule 1.080 Florida Rules of Civil Procedure, has been Served by US. Mail this 2?2 day of May, 2019 upon: Scott E. Atwood, Esq. By: Judicial Assistant to Judge Leigh Frizzell Hayes eFiled Lee County Clerk of Courts Page 2 Filing 90465951 E-Filed 06/03/2019 02:39:05 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY. FLQRIDA CIVIL ACTION THE HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, INC., CIVIL ACTION Plaintiffs, FILE NO. 19-CA-001808 v. SCOTT SIDER, Defendant. ORDER GRANTING VERIFIED MOTION FOR ADMISSION OF HERBERT BEIGEL TO APPEAR PRO THIS CAUSE, having come on to be heard upon the Veri?ed Motion for Admission to Appear Pro Hac Vice pursuant to Fla. R. Jud. Admin. 2.510, and the parties having stipulated to the entry of the Order sought, it is: ORDERED AND ADJUDGED that Herbert Beigel, a member in good standing of the Bar of the State of Arizona, who is associated with local counsel and a member in good standing of the Florida Bar, Scott E. Atwood, of Henderson Franklin Starnes Holt, 1715 Monroe Street, Fort Myers, Florida 33902, is hereby admitted to practice in this Court Pro Hac Vice as one of the attorneys for Plaintiffs The Hertz Corporation and Hertz Global Holdings, Inc., in accordance with Fla. R. Jud. Admin. 2.510, and the Clerk is directed to add Herbert Beigel to the service list. DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida, this fZ day of May 2019. ?Leigh Frizzell Hayes Circuit Court Judge eFiled Lee County Clerk of Courts Page 1 Service of the foregoing, pursuant to Rule 1.080 Florida Rules of Civil Procedure, has bee served by U. . Mail this day of 2019 upon: eorge H. Knott, Esquire By: Judicial Assistant to Judge Leigh Frizzell Hayes eFiled Lee County Clerk of Courts Page 2 Filing 91462784 E-Filed 06/21/2019 10:07:21 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION THE HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, CIVIL ACTION Plaintiffs, FILE NO. 19-CA-001808 V. SCOTT SIDER, Defendant. ORDER GRANTING VERIFIED MOTION FOR ADMISSION OF ROBERT R. VIDUCICH TO APPEAR PRO HAC VICE THIS CAUSE, having come on to be heard upon the Verified Motion for Admission to Appear Pro Hac Vice pursuant to Fla. R. Jud. Admin. 2.510, and the parties having stipulated to the entry of the Order sought, it is: ORDERED AND ADJUDGED that Robert R. Viducioh. a member in good standing of the Bar of the State of New York, who is associated with local counsel and a member in good standing of the Florida Bar, Scott. E. Atwood, of Henderson Franklin Starnes Holt, 1715 Monroe Street. Fort Myers, Florida 33902, is hereby admitted to practice in this Court Pro Hac Vice as one of the attorneys for Plaintiffs The Hertz Corporation and Hertz Global Holdings, Inc.. in accordance with Fla. R. Jud. Admin. 2.510, and the Clerk is directed to add Robert R. Viducioh to the service list. DONE AND ORDERED in Chambers at Fort Myers. Lee County, Florida, this day of May 2019. Leigh Frihieu Hayes A Circuit Court Judge eFiled Lee County Clerk of Courts Page 1 Service of the for?going, pursuant to Rule 1.080 Florida Rules of Civil Procedure, has been served by us. Mail this 2! day of May, 2019 upon: George H. Knott, Esquire By: Judicial Assistant to Judge Leigh Frizzell Hayes eFiled Lee County Clerk of Courts Page 2 6/18/2019 3:07 PM Filed Lee County Clerk of Court LEECIkawas NIEMORANDUM TRANSFER FILING FEES DUE Date: June 18, 2019 To: Henderson Franklin Stames Holt PA Attorney for Plaintiff Court House Box 12 From: Michele Parker, Deputy Clerk In Re: 19-CA-001808 Hertz Corporation et al Plaintiff vs Sider, Scott Defendant Transfer of Venue We are in receipt of an order transferring the above styled case. Pursuant to ES. 47.191 and Florida Rule of Civil Procedure 1.060 we cannot complete the transfer until we are in receipt of the appropriate ?ling fee. Upon receipt of these fees, the order of transfer and certi?ed copy of the case progress docket along with the complete case ?le will be forwarded to the appropriate venue in accordance with F.S. 47.172. EPlease contact the receiving county for information on ?ling fees and make your check out accordingly. Thank you. Linda Doggett, Clerk of Court, P.O. Box 310, Fort Myers, FL 33902. (239) 533-5000 F.S. 47.191 1.060(c) Rev. 06/09/17 Filing 90999379 E=Filad 06/12/2019 03:44:10 PM IN THE CIRCUIT COURT or THE JUDICIAL CIRCUIT-IN AND FOR. LEE cagm' mum HER-T2 CORPORATION and GLOBAL HOLDINGS, INC, Plaintif?t, v. SIDBR Defenm. I CIVIL ACTION Case No. 808 Judge: Leigh Frizzoll Hayes The parties hereby stipulate and agree that venue ism; proper in the Circuit Courtin and for Lee County and, accordingly, further stipulate and agree to the an order asset forth below. .Scott?B; Atwood, Esq. Henderson, Franklin, Stames Holt, PA. '1715 quroe'Sh?eet Fort Myers, Florida 33902 Phone: (239) 3.44.1100. orida But No. 0060331 Dated: Herbart Heigei, Esq. Law Of?oas ot?H?rhert Beigel 564114. ChiehnTrail AZ 85750 P515119: (520) 825-1995 EfmiiI: Attorneys Pldinlg?l't appearing Pro. Hm: Vice BY Herbert Bei'gei Amona AmonBar No. 021423 Datadi' sF?sd Lea County George H.- Kristi, Esq. .Kn'ott Ebeiini Hart 1625 Hendry Street, Suite 30l Fort Myers, Florida 33901 Ph: (2-39) 334-2722 David Duni1,_ Esq. Hogan Loveils US 875 Third Avenue New Yorkg?Ncw York 10022 Phone: (212) 918-3515 Email: Davidmm Movallg?om Attorneyfo: Ddendant appearing Pro Has Vise David. Dun .. New. YorkBaer 12.36769 Dated: ark Cf Ccurts 99:93 ?1 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN ANDFOR LEE COUNTY. FLORIDA . CIVIL ACTION THE HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, INC ., Plaintiff?s, v. Case No. Judge: Leigh Frizzeli Hayes SCOTT SIDER Defendant STIPULATION TO TRANSFER VENUE The pax?es hereby stipulate and agree that venue is net proper in the Circuit Court in and, ?or Lee County and, accordingly, fux?ier stipulate and agree to the entry of an order as set forth below. Scat: E- Atwood, Esqi George H. Knott, Esq. Hendersen, Franklin, Stames Holt, PA. Knott Ebelini Hal-1 1715 Monroe Street 1625 Hendry Street, Suite 361 Fort Myers, Flon'da 33982 Fort Myezsn Hedda 33901 Phome; (239) 344-1 100 Ph: (2379) 334-2722 Emai mom "ott?lawmm Attorneys ?r mcom?ief?Wkno??Iaw com. Attorney or quendant By: Scott'E. Atwood Fiorida BariNo. 0060331 Dated: Herbert Beigel, Esq. David Dunn, Law O?iccs of Herbert Beigel Hogan Lovells US 5641 N. Chic?an Trail 875 Thii'd Avenue Tucsong AZ 85750 New Yerk, New York 10022 Phone: (520) 825-1995 Phone: (212) 918.3515 EmaiI. hbeigel?ecom Email: Da?ddugn?mnlove?ssom Attorneys for appearing Pro Hat: Attorneyfqr Defendant appearing Vice 9 Pro Hat: Vice _-By . By: Herbert Befgel David Dun Arizona- Bar No. 021423 New York Bar No. 1236769- Dated: 45 {(32 Dated: .h .. . I. THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR I FF.- COUNTY. FLORIDA . CIVIL ACTION THE HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, INC, Plaintiffs, v. Case No. Judge: Leigh Hayes SCOTT Mam. r' STIPULATION TO TRANSFER VENUE The parties hereby stipulate and agree that venue is not proper in the Circuit Court in and for Lee County and, accordingly, ?thher stipulate and agree to the entry of an order as set forth below. Scott E. Atwood, Esq. George H. Knott, Esq. Henderson, Franklin, Stames Holt, PA. Knott Ebelini Hart [7115 Monroe Street 1625- Hendry- Street, Suite 301 Fort Myers. Florida 33902 Fort Myers,, Florida 3390i Phone: (239)-344-1100 Ph: (239) 334-2722 Email: 33g Plainzi?fs mcomclc?knOtt?laweom Attorney or Defendant By: Scott E. Atwood Florida Bar No. 0060331 Dated-I Herbert Beigel, Esq. David Dunn, Esq. Law Of?ces of Herbert Beigel Hogan Lovells US LLP 5641 N. Chie??an Trail 875 Third Avenue Tucson, AZ 85750 New York, New York 10022 Phone: (520) 825?1995 Pho:-. Email: Wm Hmcw?mm'lg Attorneys for Plainti?i? appearing Pro Hoe AtmrnE": .- aring Vice Pro . . By: 77 By: Herbert Beige! Arizona Bar No. 021-423 eFiled Lee County Clerk of Courts Page 3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE CIVIL ACTION THE HERTZ CORPORATION and HERTZ GLOBAL HOLDINGS, INC, Plaintiffs, v. Case No. Judge: Leigh F?zzell?Hayes SCOTT SIDER Defendant. ORDER GRANTING MOTION TO TRANSFER VENUE THIS CAUSE having come on to be heard upon Defendant?s Motion to Transfer and the stipulation of the parties and the Court being otherwise duly advised in the premises, it is: ORDERED AND ADIUDGED that venue is not proper in the Circuit Court in and for Lee County and, accordingly, the clerk shall transfer the above?captioned case to the Circuit Court in and for Collier County, Florida; and it is further ORDERED AND ADJUDGED that the Clerk of the Circuit Court for Lee Coauty, Florida shall transmit to the Clerk for the Circuit Com?: in Collier County, Florida all papers ?led in this proceeding, a certi?ed copy of all entries of record in the progress docket and a copy of this Order of transfer as required under Section 47.172, Florida Statutes; and it is further ORDERED AND ADJUDGED that the Plainti??s shall payto the Clerk ofthe Circuit Court of Lee Comfy, Florida, all costs that have been accrued to date in this ac?on?including the required transfer fee associated with the change of venue contemplated herein; and it is further ORDERED AND ADJUDGED that the remaining issues raised in the Defendant?s Motion to Dismiss shall be addressed by the Circuit Court for Collier County, Florida. eFiled Lee Comb] Clerk of Courts Page 4 DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida this day of 2019. Judge Leigh Frizzell Hayes The foregoing, pursuant to Rule 1-080, Florida Rules of Civil Pmcedme, has been served by regular US. Mail this day of June, 201.9, upon: George H. Knott, Esq. Scott E. Atwood, Esq. Herbert Beige}, Esq. Robert Vi?ucich, Esq. David Dunn, Esq. By: Judicial Assistant to Judge Hayes in) eFiied Lee County Clerk c3? 69mg Page 5