CROCKER CIRQUE II, LLC, RICHARD J. GODUITI, and JAMES P. GODUTI, Plaintiffs
RICHARD J. ABBODANZA, ESQ., JAMES HOPKINSON, ESQ., and HOPKINSON & ABBONDANZA, P.A., Defendants
ORDER ON MOTION FOR RECONSIDERATION
the court is plaintiffs Crocker Cirque II, LLC, Richard
Goduti, and James P. Goduti's motion for reconsideration
and/or clarification of order on motion for summary judgment.
For the following reasons, the motion is denied.
filed the original complaint on August 29, 2017. Plaintiffs
filed the amended complaint on August 14, 2018. In the
amended complaint, plaintiffs alleged negligence and breach
of fiduciary duty and added defendant James Hopkinson, Esq.
Plaintiffs alleged defendants Abbondanza and Hopkinson &
Abbondanza breached the duty of care and were negligent by:
a) failing to consult with Plaintiffs regarding a change to
the time period for exercising declarant rights;
b) failing to advise Plaintiffs of the reduction in the time
period for Crocker Cirque II, LLC to exercise its right to
declare additional units from ten (10) years to seven (7)
years after filing the Amended and Restated Declaration of
Fall Line Condominium;
c) failing in June of 2012 to advise Plaintiffs that
declaration rights had to be exercised prior to April 13,
d) failing in June of 2012 to advise Plaintiffs to amend the
Fall Line Condominium Declaration based on their knowledge of
the ongoing and continuing nature of the condominium project;
e) failing in May of 2015 to advise Plaintiffs that their
rights to declare additional units had already expired.
(Pis.' Amend. Compl. ¶ 44.) Plaintiffs also alleged
defendants Hopkinson and Hopkinson & Abbondanza breached
their fiduciary duties by failing to advise plaintiffs that
they should not proceed with the new phase of construction in
light of the expiration of their declarant rights. (Pis.'
Amend. Compl. ¶ 63.)
2018, plaintiffs filed an expert witness designation for John
Cunningham, Esq., and Mark Powers, CPA, CVA. On November 30,
2018 defendants filed a motion for summary judgment.
Plaintiffs filed an opposition to the motion for summary
judgment on December 13, 2018. Defendants filed their reply
on December 26, 2018. By order dated March 1, 2019, the court
granted defendants' motion for summary judgment. (Mar. 1,
March 5, 2019, defendants filed a motion in limine to exclude
or limit plaintiffs' expert Marc Powers's testimony
and plaintiffs filed a motion in limine to exclude a portion
of the opinions of defendants' liability expert, Michael
O'Toole, Esq. The court declared both motions moot on
March 8, 2019.
filed a motion for reconsideration and/or clarification
pursuant to Rule 59(e) on March 12, 2019. Defendants filed an
objection and response on April 2, 2019. Plaintiffs filed a
reply on April 9, 2019.