UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

MISC. CASE NO.: 9:22-mc-82004-DMM

 

RICHARD J. LEUNG, MD, 

 

Petitioner, 

v. 

DANE STREET, LLC, 

Respondent. 

RICHARD J. LEUNG, MD, 

 

Plaintiff, 

v. 

UNUM LIFE INSURANCE COMPANY 

OF AMERICA; and DOES 1 through 10, 

inclusive, 

Defendants. 

Related CASE NO.: 3:22-cv-00767-W-JLB 

(Southern District of California) 

THIRD-PARTY, DANE STREET, LLC’S, UNOPPOSED 

MOTION TO REQUEST ALTERNATIVE HEARING DATE 

Third-Party/Respondent, Dane Street, LLC (“Dane Street”), by and through its 

undersigned counsel, hereby moves unopposed to request an alternative date for the hearing in 

this matter currently scheduled for January 27, 2023. In support of this Unopposed Motion, 

Dane Street states as follows: 

1. Plaintiff commenced this ancillary discovery-related proceeding on December 30, 

2022. [ECF No. 1]. 

2. On January 12, 2023, Dane Street filed its Combined (1) Response in Opposition 

to Plaintiff’s Motion to Compel Compliance With Subpoena and Motion to Transfer Jurisdiction 

Case 9:22-mc-82004-DMM Document 13 Entered on FLSD Docket 01/23/2023 Page 1 of 4
MISC. CASE NO.: 9:22-mc-82004-DMM 

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(the “Response”), and (2) Motion to Quash Plaintiff’s Subpoena for Deposition and/or for 

Protective Order (the “Motion to Quash and/or for Protective Order”). [ECF No. 11]. 

3. On January 19, 2023, this Court entered a Notice of Hearing scheduling this case 

for a videoconference hearing on January 27, 2023. 

4. Lead counsel for Dane Street, however, has an unavoidable conflict on the date 

scheduled for the hearing, which cannot be adjusted at this time. 

5. Accordingly, Dane Street hereby moves unopposed to request an alternative date 

for the hearing currently scheduled for January 27, 2023. 

6. On January 20, 2023, counsel for Dane Street conferred with Plaintiff’s counsel, 

who confirmed that Plaintiff does not oppose the relief requested in this Unopposed Motion. 

7. In addition, the Parties hereby propose that they are available for the hearing in 

this matter on either January 30, 2023, or February 3, 2023. 

8. Based on the foregoing, Defendant maintains that it has set forth sufficient cause 

in support of its request for an alternative hearing date. 

9. This Unopposed Motion is made in good faith and not for the purpose of delay. 

Moreover, neither Party will be prejudiced by the Court’s granting of this Unopposed Motion. 

10. A proposed order granting this Unopposed Motion is attached. 

CERTIFICATE OF CONFERRAL 

In compliance with Local Rule 7.1(a)(3), counsel for Dane Street conferred with 

Plaintiff’s counsel by email on January 20, 2023, who confirmed that Plaintiff does not oppose 

the request for alternative hearing date set forth in this Unopposed Motion. Additionally, 

Plaintiff provided alternative dates to reschedule the hearing for this matter. Counsel for Dane 

Street also conferred with counsel for Defendant, Unum, by email on January 23, 2023, who 

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MISC. CASE NO.: 9:22-mc-82004-DMM 

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confirmed that Defendant is not opposed to the relief requested in this Unopposed Motion. 

WHEREFORE, Dane Street respectfully requests that the Court enter an Order granting 

this Unopposed Motion and re-noticing the hearing for this matter on either January 30, 2023, or 

February 3, 2023. 

Dated: January 23, 2023 Respectfully submitted, 

 By: s/ Scott S. Allen 

Scott S. Allen, Esq. 

Florida Bar No. 143278 

Email: scott.allen@jacksonlewis.com

Jason A. Anon, Esq. 

Florida Bar No. 1017727 

E-mail: jason.anon@jacksonlewis.com 

JACKSON LEWIS P.C. 

Two South Biscayne Boulevard, Suite 3500 

Miami, Florida 33131 

Telephone: (305) 577-7600 

Attorneys for Third-Party, Dane Street, LLC 

CERTIFICATE OF SERVICE 

I hereby certify that on this 23rd day of January 2023, I electronically filed the foregoing 

document with the Clerk of Court using CM/ECF. I also certify that the foregoing document is 

being served this day on all counsel of record identified on the attached Service List via 

transmission of Notices of Electronic Filing generated by CM/ECF. 

s/ Scott S. Allen 

Scott S. Allen, Esq. 

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MISC. CASE NO.: 9:22-mc-82004-DMM 

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SERVICE LIST 

Seth Miles, Esq. 

Florida Bar No. 385530 

Email: seth@bucknermiles.com

Brett E. Von Borke, Esq. 

Florida Bar No. 44802 

Email: vonborke@bucknermiles.com

BUCKNER+MILES 

2020 Salzedo Street, Suite 302 

Coral Gables, Florida 33134 

Telephone: (786) 523-0483 

Michael B. Horrow, Esq., pro hac vice 

California Bar No. 162917 

Email: mhorrow@donahuehorrow.com

Nichole D. Podgurski, Esq., pro hac vice 

California Bar No. 251240 

Email: npodgurski@donahuehorrow.com

DONAHUE & HORROW, LLP 

1960 East Grand Avenue, Suite 1215 

El Segundo, California 90245 

Telephone: (310) 322-0300 

Attorneys for Plaintiff 

Scott S. Allen, Esq. (Fla. Bar No. 143278) 

Email: scott.allen@jacksonlewis.com

Jason A. Anon, Esq. (Fla. Bar No. 1017727) 

E-mail: jason.anon@jacksonlewis.com

JACKSON LEWIS P.C. 

One Biscayne Tower, Suite 3500 

Two South Biscayne Boulevard 

Miami, Florida 33131 

Telephone: (305) 577-7600 

Attorneys for Third-Party, Dane Street, LLC 

Daniel W. Maguire, Esq. 

California Bar No. 120002 

Email: dmaguire@bwslaw.com

Michael B. Bernacchi, Esq. 

California Bar No. 163657 

Email: mbernacchi@bwslaw.com

Keiko J. Kojima, Esq. 

California Bar No. 206595 

Email: kkojima@bwslaw.com

BURKE, WILLIAMS & SORENSEN, LLP 

444 South Flower Street, Suite 2400 

Los Angeles, California 90071 

Telephone: (213) 236-0600 

Attorneys for Defendant, Unum Life Insurance 

Company of America

4878-1068-5772, v. 1

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