On October 15, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Pacheco, Gilda,
and
Avatar Property And Casualty Insurance Company,
for Contract and Indebtedness
in the District Court of Broward County.
Preview
Filing # 119364960 E-Filed 01/11/2021 09:53:17 AM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
GILDA PACHECO,
CASE NO.: CACE-19-021365
Plaintiff,
v.
AVATAR PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S VERIFIED ANSWERS TO
DEFENDANT’S INTERROGATORIES
The Defendant, Avatar Property & Casualty Insurance Company (“Avatar”), by and
through undersigned counsel, and pursuant to the applicable Florida Rules of Civil Procedure,
move this Court for entry of an Order Compelling the Plaintiff, GILDA PACHECO, to provide
verified answers to Defendant’s Interrogatories, and in support thereof, states as follows:
1. Defendant propounded its Interrogatories to Plaintiff on July 13, 2020. (See Clerk
of Courts for Defendant Interrogatories to Plaintiff).
2. The Plaintiff filed his unverified Answers to Interrogatories on or around January 8,
2021. (See Clerk of Courts Plaintiff's Answers to Interrogatories).
3. Fla R. Civ. P. 1.340(a), in pertinent part, states,
Each interrogatory shall be answered separately and fully in writing under oath
unless it is objected to, in which event the grounds for objection shall be stated
and signed by the attommey making it. (emphasis added).
4. This Motion is made in good faith and not for the purpose of delay.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/11/2021 09:53:16 AM.****WHEREFORE, Defendant, Avatar, requests that this Honorable Court enter an Order
compelling the Plaintiffs to provide Verified Answers to the Defendant’s Interrogatories within
ten (10) days from the date of entry of this Court’s Order, along with any and all other relief this
Court deems just and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
through the State of Florida Court’s E-Filing Portal this 11% day of January, 2021 to: David
Garcia, Esq., Marin, Eljaiek, Lopez & Martinez P.L., 2601 South Bayshore Drive, 18th Floor,
Coconut Grove, Florida 33133; Eservice@mellawyers.com; mellaw5@mellawyers.com.
76.13074/PAD/MLA/kp
RUDD & DIAMOND, P.A.
Attorneys for Defendant
4000 Hollywood Blvd.
Presidential Circle, Suite 120-N
Hollywood, FL 33021
Tel. (954) 961-5059
Fax. (954) 961-8953
service@rudddiamond.com
By: /s/ Peter A. Diamond, Esq.
Michael P. Rudd
FL Bar No.: 782416
And
Peter A. Diamond
FL Bar No.: 0180051
Document Filed Date
January 11, 2021
Case Filing Date
October 15, 2019
Category
Contract and Indebtedness
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Filing # 119364960 E-Filed 01/11/2021 09:53:17 AM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GILDA PACHECO, CASE NO.: CACE-19-021365 Plaintiff, v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S VERIFIED ANSWERS TO DEFENDANT’S INTERROGATORIES The Defendant, Avatar Property & Casualty Insurance Company (“Avatar”), by and through undersigned counsel, and pursuant to the applicable Florida Rules of Civil Procedure, move this Court for entry of an Order Compelling the Plaintiff, GILDA PACHECO, to provide verified answers to Defendant’s Interrogatories, and in support thereof, states as follows: 1. Defendant propounded its Interrogatories to Plaintiff on July 13, 2020. (See Clerk of Courts for Defendant Interrogatories to Plaintiff). 2. The Plaintiff filed his unverified Answers to Interrogatories on or around January 8, 2021. (See Clerk of Courts Plaintiff's Answers to Interrogatories). 3. Fla R. Civ. P. 1.340(a), in pertinent part, states, Each interrogatory shall be answered separately and fully in writing under oath unless it is objected to, in which event the grounds for objection shall be stated and signed by the attommey making it. (emphasis added). 4. This Motion is made in good faith and not for the purpose of delay. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/11/2021 09:53:16 AM.****WHEREFORE, Defendant, Avatar, requests that this Honorable Court enter an Order compelling the Plaintiffs to provide Verified Answers to the Defendant’s Interrogatories within ten (10) days from the date of entry of this Court’s Order, along with any and all other relief this Court deems just and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished through the State of Florida Court’s E-Filing Portal this 11% day of January, 2021 to: David Garcia, Esq., Marin, Eljaiek, Lopez & Martinez P.L., 2601 South Bayshore Drive, 18th Floor, Coconut Grove, Florida 33133; Eservice@mellawyers.com; mellaw5@mellawyers.com. 76.13074/PAD/MLA/kp RUDD & DIAMOND, P.A. Attorneys for Defendant 4000 Hollywood Blvd. Presidential Circle, Suite 120-N Hollywood, FL 33021 Tel. (954) 961-5059 Fax. (954) 961-8953 service@rudddiamond.com By: /s/ Peter A. Diamond, Esq. Michael P. Rudd FL Bar No.: 782416 And Peter A. Diamond FL Bar No.: 0180051