Archive | August, 2018

The Monson Law Firm Obtains Voluntary Dismissal With No Payment

The Monson Law Firm attorney Lindsay Frenkel Lobello recently obtained a voluntary dismissal on behalf of Lloyd’s Underwriters in the case of “Danny Daniel, v. Certain Underwriters at Lloyd’s, London”, pending in the 11th Judicial Circuit in Miami-Dade County, Florida, Case No. 2018-3899.   In this case, Mr. Daniel filed suit seeking additional funds under a homeowner’s policy for damage to a bathroom allegedly caused by a sewer backup.  At the time of the inspection, the bathroom had already been demolished and was in the process of a complete renovation.
In response to the suit, The Monson Law Firm prepared a Motion to Dismiss and For Sanctions pursuant to Florida Statute §57.105, as Underwriters were clearly prejudiced in their ability to investigate the claimed loss.  Please click here for a copy of the Motion to Dismiss.
 
Upon receiving The Monson Law Firm motion, counsel for plaintiff filed a Notice of Voluntary Dismissal with the court within the 21 day safe harbor statutory deadline to avoid sanctions.  Please click here for a copy of the Notice of Dismissal.

Temporary Restraining Order Issued Against Nader “Anthony” Odeh Under Louisiana Protection from Stalking Act

On August 1, 2018, Erika Luening filed for and obtained a Temporary Restraining Order against Nader “Anthony” Odeh pursuant to La. R.S. 46:2171 et seq., otherwise known as the Louisiana Protection from Stalking Act. Luening operates a business at 4409 Zenith Street, directly next door to the office of Claims Consulting & Contracting at 4405 Zenith Street. Currently pending in the 24th Judicial District Court for the Parish of Jefferson, Case No. 786-208, Luening alleges that Odeh “said he had guns and would use them on us if anyone came near his parking lot”. According to Luening, the police “recommend a protection order for myself and children who come to work with me. They also recommended that we get police details because the situation is violent.” Please click here to see the Petition Odeh Stalking Petition and here to see the Temporary Restraining Order. Odeh Temporary Restraining Order

On September 19, 2016 The Monson Law Firm also obtained a restraining order against Odeh, preventing him from harassing Dale Velez or any of the employees of The Velez Corporation. Please click here to see the previous post! The Monson Law Firm Wins Restraining Order Against Nader Anthony Odeh.

RESTRAINING ORDER red Rubber Stamp over a white background.

The Monson Law Firm Excludes Nader “Anthony” Odeh as Witness

In the case of “Americas Insurance Company v. Billie J. Haynes, et al”, the Honorable Jay Zainey issued an order excluding both Nader “Anthony” Odeh and Maria Odeh as witnesses for the claimants. The Monson Law Firm requested the depositions of the Odehs, who were identified by claimants in discovery as their witnesses. The Monson Law Firm was informed by claimants’ attorney that “I am no longer in contact with Maria Odeh and/or Nader Anthony Odeh for various reasons. If you do schedule either of their depositions, the location will have to be either at your offices, at the Bar Association, or a neutral location. My firm is not travelling to Mr. Odeh’s office on Zenith Street due to safety concerns, so please subpoena their presence elsewhere.” Please see counsel’s correspondence here. Counsel Email

Service of deposition subpoenas was attempted by a private process server on October 18, October 23, October 30, December 1, December 4 (twice), and December 7, 2017. Despite these many attempts, service could not be obtained at the Odehs’ offices or their personal residence. On October 18, the process server observed Odeh at his office but Odeh did not answer the door.

After The Monson Law Firm filed a Motion to Exclude Witnesses due to the Odehs’ non-participation, Judge Zainey ordered “if Anthony Odeh and Maria Odeh have not submitted to a deposition they will not testify at trial under any circumstances.” Please see the Court’s Order here. Odeh Excluded

The Monson Law Firm Wins Summary Judgment in Slip and Fall Case

Attorney Sarah Barro recently won a Motion for Summary Judgment in the case of “Angel Ellis v. Vintage Square, Inc. d/b/a Arcade Theater, et al.” in the 22nd Judicial District Court for the Parish of St. Tammany. Plaintiff alleged that she tripped and fell down stairs at a wedding venue due to a loose bannister. In the Motion for Summary Judgment, The Monson Law Firm successfully argued that defendant lacked notice of the loose bannister prior to the accident. Plaintiff admitted that she used the subject stairs minutes prior to her fall and did not notice any issues with the bannister. The Honorable Alan Zaunbrecher granted the motion by judgment signed on July 11, 2018 and dismissed plaintiff’s claims, with prejudice. Please click here for a copy of that judgment. Ellis Judgment