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Filing # 180268961 E-Filed 08/22/2023 04:59:36 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
HAI THANH NGUYEN,
CASE NO.: 16-2023-CA-002163
Plaintiff, DIVISION: CV-H
v.
JOAN CHARLENE VARNES and
ALLAN LANG VARNES,
Defendants.
PLAINTIFFS’ MOTION TO CONSOLIDATE
Plaintiff, HAI THANH NGUYEN, by and through undersigned counsel, move to
consolidate cases for trial purposes pursuant to Rule 1.270 of the Florida Rules of Civil Procedure
(Case Nos: 16-2023-CA-001664, 16-2023-CA-002002, 16-2023-CA-002039, and 16-2023-CA-
002163), and state as follows:
1. Plaintiffs, VAN THI-BICHTRAN, individually and as natural parent and legal
guardian of I.N., a minor, and J.N., a minor, and HAI THANH NGUYEN, filed their initial
Complaint on March 16, 2023 (D.E. #3), against Defendants, JOAN CHARLENE VARNES and
ALLAN LANG VARNES, in Case No. 16-2023-CA-001664.
2. Plaintiffs’ counsel was advised by the Duval County Clerk’s office that the case
could not be accepted as filed, and all parties needed to be filed separately.
3. Plaintiffs, VAN THI-BICHTRAN, individually and as natural parent and legal
guardian of I.N., a minor, filed their initial Complaint on March 17, 2023 (D.E. #3), against
Defendants, JOAN CHARLENE VARNES and ALLAN LANG VARNES, in Case No. 16-2023-
CA-002002.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 08/23/2023 02:10:31 PM
4. Plaintiffs, VAN THI-BICHTRAN, individually and as natural parent and legal
guardian of J.N., a minor, filed their initial Complaint on March 17, 3023 (D.E. #3), against
Defendants, JOAN CHARLENE VARNES and ALLAN LANG VARNES, in Case No. 16-2023-
CA-002039.
5. Plaintiff, HAI THANH NGUYEN filed his initial Complaint on March 17, 2023
(D.E. #3), against Defendants JOAN CHARLENE VARNES and ALLAN LANG VARNES, in
Case No. 16-2023-CA-002163.
6. All four (4) suits arise from the same crash that occurred on or about March 18,
2019.
7. Plaintiffs have named the same Defendants.
8. Plaintiffs now move to consolidate these cases for trial purposes, pursuant to Rule
1.270(a) of the Florida Rules of Civil Procedure which provides:
When actions involving a common question of law or fact are pending before the
court, it may order a joint hearing or trial of any or all matters in issues in the action;
it may order all the actions consolidated; and it may make such orders concerning
proceedings therein as may tend to avoid unnecessary costs or delay.
10. The elements of negligence – duty, breach, causation, and damages, to be
determined by the trier of fact are common to both claims and the same issues are to be presented
for adjudication. Moreover, because all cases arise out of the same crash, legal issues arising in
each lawsuit will overlap and many of the same parties and witnesses will need to be deposed in
all cases.
11. Consolidation is proper when it: “would eliminate duplicative efforts and trials,
thus accelerating the trial process.” Browncorp Const. Contracting, Inc. v. Stoneybrook South
Community, 47 So. 2d 965, 966 (Fla. 5th DCA 2010)(granting certiorari relief and remanding an
action to lower court for an entry of an order of consolidation).
12. Additionally, consolidation of the respective actions will expedite the
administration of justice for the Court, the Plaintiffs, and the Defendants in each case. A
consolidated trial of these cases would eliminate duplicative evidence and witnesses pertaining to
the cause of the crash, forces involved in this crash and the aftermath of the crash. This duplicative
evidence would be presented in three (3) separate trials, in front of three (3) separate juries on three
(3) separate trial dockets.
13. Thus, this duplicative testimony, duplicative witnesses and duplicative evidence,
promotes anything but efficiency, judicial economy, and will prejudice the Plaintiffs in these
actions and, therefore, consolidation of the subject cases for trial is the only way to eliminate
duplicative efforts, eliminate nearly identical trials, involving the same questions and the same
evidence, and accelerate the trial process. Consolidating these cases for trial is also the only way
to eliminate the risk of inconsistent verdicts.
14. None of the parties will be prejudiced or given an undue or unfair advantage if the
actions are consolidated.
WHEREFORE, Plaintiffs respectfully request that this Honorable Court consolidate each
of the above referenced cases for trial and grant any other relief that this Court deems just and
proper under the circumstance.
THE TRUCK ACCIDENT LAW FIRM
/s/ Gregg J. Anderson
Gregg J. Anderson
Florida Bar No.: 0587206
Joseph V. Camerlengo, B.C.S.
Florida Bar No. 008192
1200 Riverplace Boulevard, Suite 902
Jacksonville, Florida 32207
Tel. (904) 306-9220
Fax (904) 306-9221
gja@truckcrashlaw.com
jvc@truckcrashlaw.com
team@truckcrashlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 22nd day of August 2023 a copy of the foregoing has
been filed with the Court using the Florida Courts E-filing Portal which will send a notice of
electronic filing to all counsel of record.
/s/ Gregg J. Anderson
Preview
Filing # 180268961 E-Filed 08/22/2023 04:59:36 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA HAI THANH NGUYEN, CASE NO.: 16-2023-CA-002163 Plaintiff, DIVISION: CV-H v. JOAN CHARLENE VARNES and ALLAN LANG VARNES, Defendants. PLAINTIFFS’ MOTION TO CONSOLIDATE Plaintiff, HAI THANH NGUYEN, by and through undersigned counsel, move to consolidate cases for trial purposes pursuant to Rule 1.270 of the Florida Rules of Civil Procedure (Case Nos: 16-2023-CA-001664, 16-2023-CA-002002, 16-2023-CA-002039, and 16-2023-CA- 002163), and state as follows: 1. Plaintiffs, VAN THI-BICHTRAN, individually and as natural parent and legal guardian of I.N., a minor, and J.N., a minor, and HAI THANH NGUYEN, filed their initial Complaint on March 16, 2023 (D.E. #3), against Defendants, JOAN CHARLENE VARNES and ALLAN LANG VARNES, in Case No. 16-2023-CA-001664. 2. Plaintiffs’ counsel was advised by the Duval County Clerk’s office that the case could not be accepted as filed, and all parties needed to be filed separately. 3. Plaintiffs, VAN THI-BICHTRAN, individually and as natural parent and legal guardian of I.N., a minor, filed their initial Complaint on March 17, 2023 (D.E. #3), against Defendants, JOAN CHARLENE VARNES and ALLAN LANG VARNES, in Case No. 16-2023- CA-002002. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 08/23/2023 02:10:31 PM 4. Plaintiffs, VAN THI-BICHTRAN, individually and as natural parent and legal guardian of J.N., a minor, filed their initial Complaint on March 17, 3023 (D.E. #3), against Defendants, JOAN CHARLENE VARNES and ALLAN LANG VARNES, in Case No. 16-2023- CA-002039. 5. Plaintiff, HAI THANH NGUYEN filed his initial Complaint on March 17, 2023 (D.E. #3), against Defendants JOAN CHARLENE VARNES and ALLAN LANG VARNES, in Case No. 16-2023-CA-002163. 6. All four (4) suits arise from the same crash that occurred on or about March 18, 2019. 7. Plaintiffs have named the same Defendants. 8. Plaintiffs now move to consolidate these cases for trial purposes, pursuant to Rule 1.270(a) of the Florida Rules of Civil Procedure which provides: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all matters in issues in the action; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. 10. The elements of negligence – duty, breach, causation, and damages, to be determined by the trier of fact are common to both claims and the same issues are to be presented for adjudication. Moreover, because all cases arise out of the same crash, legal issues arising in each lawsuit will overlap and many of the same parties and witnesses will need to be deposed in all cases. 11. Consolidation is proper when it: “would eliminate duplicative efforts and trials, thus accelerating the trial process.” Browncorp Const. Contracting, Inc. v. Stoneybrook South Community, 47 So. 2d 965, 966 (Fla. 5th DCA 2010)(granting certiorari relief and remanding an action to lower court for an entry of an order of consolidation). 12. Additionally, consolidation of the respective actions will expedite the administration of justice for the Court, the Plaintiffs, and the Defendants in each case. A consolidated trial of these cases would eliminate duplicative evidence and witnesses pertaining to the cause of the crash, forces involved in this crash and the aftermath of the crash. This duplicative evidence would be presented in three (3) separate trials, in front of three (3) separate juries on three (3) separate trial dockets. 13. Thus, this duplicative testimony, duplicative witnesses and duplicative evidence, promotes anything but efficiency, judicial economy, and will prejudice the Plaintiffs in these actions and, therefore, consolidation of the subject cases for trial is the only way to eliminate duplicative efforts, eliminate nearly identical trials, involving the same questions and the same evidence, and accelerate the trial process. Consolidating these cases for trial is also the only way to eliminate the risk of inconsistent verdicts. 14. None of the parties will be prejudiced or given an undue or unfair advantage if the actions are consolidated. WHEREFORE, Plaintiffs respectfully request that this Honorable Court consolidate each of the above referenced cases for trial and grant any other relief that this Court deems just and proper under the circumstance. THE TRUCK ACCIDENT LAW FIRM /s/ Gregg J. Anderson Gregg J. Anderson Florida Bar No.: 0587206 Joseph V. Camerlengo, B.C.S. Florida Bar No. 008192 1200 Riverplace Boulevard, Suite 902 Jacksonville, Florida 32207 Tel. (904) 306-9220 Fax (904) 306-9221 gja@truckcrashlaw.com jvc@truckcrashlaw.com team@truckcrashlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 22nd day of August 2023 a copy of the foregoing has been filed with the Court using the Florida Courts E-filing Portal which will send a notice of electronic filing to all counsel of record. /s/ Gregg J. Anderson