Preview
Filing# 147732787 E-Filed 04/14/2022 03:50:44 PM
IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE-19- 021390
PETER SOBOTA AND LISA
SOBOTA,
Plaintiffs,
V
CITIZENS PROPERTY
INSURANCE CORPORATION,
Defendant.
'
DEFENDANT'S EMERGENCY 1MOTION TO CONTINUE TRIAL
COMES NOW, the Defendant, CITIZENS PROPERTY INSURANCE
CORPORATION, ("Citizens")
by and throughundersignedcounsel, and pursuant to Fla. R. Civ.
P. 1.460, hereby files this Emergency Motion to Continue Trial,and in support thereof states as
follows:
1.
This cause is set for trial duringthe April 18,2022, trial period.
2.
As the Court may recall,duringcalendar call for this matter, on March 28,2022,
undersigned informed the Court that Mr. Ashrafwas scheduled to be out ofthe country, duringthe
first two weeks of this Honorable Court's Trial Period, for the purpose of obtainingmedical
treatment. At that time, we informed the Court that Mr. Ashraf, would be back from the medical
tripwith sufficient time to permit the Trial of this matter to proceed duringthe week of April 18,
2022.
3
However, on April 14, 2022, Citizens' testifyingexpert witness in this matter, Mr.
Syed Mehdi Ashraf, P.E., of Ashraf ConsultingEngineers,informed Defendant that he cannot
participate
in the trial of this matter duringthe periodof April 18, 2022, as he continues to be
1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/14/2022 03:50:43 PM.****
"currentlyout of the country for a familyemergency." See Exhibitk Defendant's Expert Witness
Disclosure, without attachments, and Exhibit B, correspondence from Ashraf Consulting
Engineers attached as Exhibit B.
4.
Therefore, and because Defendant's sole expert witness will not be able to attend
the trial of this matter due to a medical emergency, that is outside of Defendant's control,and
because without this expert witness testimony,Defendant's abilityto present a defense in this
matter will be severelyhampered and unduly prejudiced,Defendant has been left with no choice
but seek a continuance of the trial for this matter. See Exhibit B, correspondence from Ashray
Consulting Engineers attached as Exhibit B.
5.
The request for continuance is not made to waste the Court's or Plaintiffs' time.
Our finn tries cases and is ready to try this matter, but for the Defendant's expert witness' medical
emergency.
6.
The Defendant has providedthe consent for the filingof this Motion. See Exhibit
C.
7.
Defendant sincerelyasks the Court to grant this Motion for Continuance based on
the reasons outlined above.
8.
Neither party shall be prejudicedby the grantingofthis motion, and the grantingof
this motion will ensure that this case is decided fairlyand on the merits.
9.
Defendant is making this request in good faith and not for the purpose of delay.
WHEREFORE, Defendant, Citizens Property Insurance Corporation,respectfully
requests
this Court grant Defendant's Motion for Continuance and continue the trial currentlyset to
commence on April 18,2022.
[Certificateof Service on Following Page]
2
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoingwas
served via the Florida Courts E-FilingPortal,pursuant to Fla. R. Jud. Admin. 2.516(b)(1),on
April 14, 2022 to:
Joel K. Ortega, Esq.
jortega@kpattorney.com
Kanner & Pintaluga,P.A.
FirstPartyEService@kpattorney.com
2020 Ponce De Leon PH 2
Coral Gables, FL 33134
LAW OFFICES OF HOFFMAN & HOFFMAN, P.A.
66 W. FlaglerStreet,Suite 200, Miami, Florida 33130
Telephone:305.372.2877 / Facsimile: 305.372.2875
EService E-mail: eservice@hoffmanpa.com
By:
/s/ Maria Carmona, Esq.
John D. Hoffman, Esq.
Board CertMed Civil Trial Lawyer
Florida Bar No. 825859 / E-mail: john@hoffmanpa.com
Claudia Feldman, Esq.
Florida Bar No. 99646 / E-mail: claudia@hoffmanpa.com
Maria Carmona, Esq.
Florida Bar No. 118599 / E-mail: mcarmona@hoffmanpa.com
3
Filing# 113307951 E-Filed 09/14/2020 12:45:18 PM
A
IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE-19- 021390
PETER SOBOTA AND LISA
SOBOTA,
Plaintiffs,
V
CITIZENS PROPERTY
INSURANCE CORPORATION,
Defendant.
'
DEFENDANT'S EXPERT WITNESS DISCLOSURE
COMES NOW, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION
("Citizens"),
by and through HOFFMAN & HOFFMAN, P.A, and pursuant to the Court's Order
settingthis case for trial,and files this,its Expert Witness Disclosure,as follows:
1.
Syed Mehdi Ashraf, P.E.
Ashraf Consulting Engineers
1950 West 841ith Street
Hialeah, Florida 33014
Mr. Syed Mehdi Ashraf is a State of Florida licensed Professional Engineer with Ashraf
Consulting Engineers, and independent expert retained by Citizens to inspect and evaluate
damages allegedlysustained in Plaintiffs' property located at 1505 Camellia Circle, Weston,
Florida 33326, (hereinafterreferred to as the "Subject Property"). Mr. Syed Mehdi Ashraf
perfoimed an inspectionof the SubjectProperty on September 18, 2019 and prepared a report
compiling the findingsof his inspection.It is anticipatedfor Mr. Syed Mehdi Ashraf to testify
regardingthe cause of damage to the interior of the subjectproperty as reportedby the Plaintiffs.
Further,he will testify
as to any evaluations and/or estimates preparedon behalf ofthe other party
as to accuracy, necessityand reasonableness. His basis of opinionswill be derived from, among
other things,his inspectionofthe subjectproperty and observations,the photographstaken by him,
his educational training,experience,expertise,and other relevant factors and material in this case
from which to form his opinion.
Pursuant to Fla. R. Civ. P.
a) The scope of employment in the pending and the compensation for such services.
Mr. Syed Mehdi Ashraf, as a State of Florida licensed Professional Engineer with Ashraf
Consulting Engineers was hired by Citizens Property Insurance Corporation to perform an
inspectionof the property on September 18, 2019 and to prepare a report of his findings. The
report prepared by Mr. Syed Mehdi Ashrafis attached hereto as "Exhibit A." To date,Mr. Syed
Mehdi Ashraf has been paid $2,200.00 for this case.
b) The expert's general litigationexperience, including the percentage of work
performed for plaintiffs
and defendants.
Mr. Syed Mehdi Ashraf's Curriculum Vitae is attached hereto as "Exhibit B." Any information
not providedin the CV filingis not maintained by Mr. Syed Mehdi Ashraf.
c) The identityother cases, within a reasonable time period, in which the expert has
testified by deposition or at trial.
Mr. Syed Mehdi Ashraf's Curriculum Vitae is attached hereto as "Exhibit B." Any information
not provided in the CV filingis not maintained by Mr. Syed Mehdi Ashraf.
d) An approximation of the portion of the expert'sinvolvement as an expert witness,
which may be based on the number of hours, percentage of hours, or percentage of
earned income derived from serving as an expert witness; however, the expert shall
not be required to disclose his or her earnings as an expert witness or income derived
frorn other services.
Mr. Syed Mehdi Ashraf, as a State of Florida licensed Professional Engineer with Ashraf
Consulting Engineers was hired by Citizens Property Insurance Corporation to perform an
inspectionofthe property on September 18,2019 and to prepare a report of his findings.To date,
Mr. Syed Mehdi Ashraf has been paid $2,200.00 for this case. Mr. Syed Mehdi Ashraf"s
Curriculum Vitae is attached hereto as "Exhibit B. "Any information not providedin the CV filing
is not maintained by Mr. Syed Mehdi Ashraf.
2.
Defendant reserves the right to supplement this Expert Witness Disclosure as
discovery progresses.
[CERTIFICATE OF SERVICE ATTACHED]
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy ofthe foregoingwas
served via the Florida Courts E-FilingPortal,pursuant to Fla. R. Jud. Admin. 2.516(b)(1),on
September 14,2020 to:
Ms. Heather Nitch, Esq.
rosenfeldlaw@outlook.com
Rosenfeld Nitch Law, P.A.
14310 SW 8th Street,Suite 2198
Miami, FL 33184
LAW OFFICES OF HOFFMAN & HOFFMAN, P.A.
66 W. FlaglerStreet,Suite 200, Miami, Florida 33130
Telephone:305.372.2877 / Facsimile: 305.372.2875
EService E-mail: eservice@hoffmanpa.com
By:
/s/Maria Carmona, Esq.
John D. Hoffman, Esq.
Board CertifiedCivil Trial Lawyer
Florida Bar No. 825859 / E-mail: john@hoffmanpa.com
Claudia Feldman, Esq.
Florida Bar No. 99646 / E-mail: claudia@hoffmanpa.com
Maria Carmona, Esq.
Florida Bar No. 118599/
E-mail:mcarmona@hoffmanpa.com
B
Genesis Navarrete
From:
la@ashengineers.com
Sent:
Thursday,April14,2022 12:33 AM
To:
Genesis Navarrete; ma@ashengineers.com
CC
Maria Carmona
Subject:
RE: CF/MCI4133IPeter Sobota v. CitizensICIaim
Number: 001-00-215651 ICase Number:
CACE19021390I Availability
for Trial
[WARNING THIS EMAILIS FROM OUTSIDEOF HOFFMANPA]
Good evening,
Mr. Ashraf will not be able to be in attendance as he is currently out of the country for a family
emergency.
Best,
Kyrah Williams
Project Manager
Ashraf Consulting Engineers
1950 W 84th Street
Hialeah, FL 33014
Office: 786-274-7600
la@ashenqineers.com
-------- Original Message --------
Subject: RE: CF/MCI4133IPeter Sobota v. CitizensICIaim Number:
001-00-215651ICase Number: CACE 19021390I Availability for Trial
From: Genesis Navarrete
Date: Wed, April 13, 2022 2:44 pm
To: "ma@ashenqineers.com" , "la@ashenqineers.com"
Cc: Maria Carmona
Good afternoon,
I wanted to confirm your availabilityfor trial in this matter in the event we are
ordered to report next week.
We have a trial subpoena headed your way but believe process server mentioned
there was no one in the office.
Let me know when you can, thank you in advance.
Genesis Navarrete
Florida Registered Paralegal
LAW OFFICES OF HOFFMAN & HOFFMAN, P.A.
66 W. Flagler St. Suite 200, Miami, Florida 33130
T: 305.372.2877/F: 305.372.2875/
http://www.hoffmanpa.com
1
C
IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE-19- 021390
PETER SOBOTA AND LISA
SOBOTA,
Plaintiffs,
V.
CITIZENS PROPERTY
INSURANCE CORPORATION,
Defendant.
DEFENDANT'S CONSENT TO CONTINUE IN SUPPORT OF MOTION FOR
CONTINUANCE OF TRIAL
My name is MALCOM JONES, and I am the CORPORATE REPRESENTATIVE assignedto the
matter of PETER SOBOTA AND LISA SOBOTA, CACE-19- 021390. I consent to a continuance
of the action.
Y-14-ZG.2-J
MALCOM JONES
Date
Corporate Representative
1
Preview
Filing# 147732787 E-Filed 04/14/2022 03:50:44 PM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-19- 021390 PETER SOBOTA AND LISA SOBOTA, Plaintiffs, V CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. ' DEFENDANT'S EMERGENCY 1MOTION TO CONTINUE TRIAL COMES NOW, the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, ("Citizens") by and throughundersignedcounsel, and pursuant to Fla. R. Civ. P. 1.460, hereby files this Emergency Motion to Continue Trial,and in support thereof states as follows: 1. This cause is set for trial duringthe April 18,2022, trial period. 2. As the Court may recall,duringcalendar call for this matter, on March 28,2022, undersigned informed the Court that Mr. Ashrafwas scheduled to be out ofthe country, duringthe first two weeks of this Honorable Court's Trial Period, for the purpose of obtainingmedical treatment. At that time, we informed the Court that Mr. Ashraf, would be back from the medical tripwith sufficient time to permit the Trial of this matter to proceed duringthe week of April 18, 2022. 3 However, on April 14, 2022, Citizens' testifyingexpert witness in this matter, Mr. Syed Mehdi Ashraf, P.E., of Ashraf ConsultingEngineers,informed Defendant that he cannot participate in the trial of this matter duringthe periodof April 18, 2022, as he continues to be 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/14/2022 03:50:43 PM.**** "currentlyout of the country for a familyemergency." See Exhibitk Defendant's Expert Witness Disclosure, without attachments, and Exhibit B, correspondence from Ashraf Consulting Engineers attached as Exhibit B. 4. Therefore, and because Defendant's sole expert witness will not be able to attend the trial of this matter due to a medical emergency, that is outside of Defendant's control,and because without this expert witness testimony,Defendant's abilityto present a defense in this matter will be severelyhampered and unduly prejudiced,Defendant has been left with no choice but seek a continuance of the trial for this matter. See Exhibit B, correspondence from Ashray Consulting Engineers attached as Exhibit B. 5. The request for continuance is not made to waste the Court's or Plaintiffs' time. Our finn tries cases and is ready to try this matter, but for the Defendant's expert witness' medical emergency. 6. The Defendant has providedthe consent for the filingof this Motion. See Exhibit C. 7. Defendant sincerelyasks the Court to grant this Motion for Continuance based on the reasons outlined above. 8. Neither party shall be prejudicedby the grantingofthis motion, and the grantingof this motion will ensure that this case is decided fairlyand on the merits. 9. Defendant is making this request in good faith and not for the purpose of delay. WHEREFORE, Defendant, Citizens Property Insurance Corporation,respectfully requests this Court grant Defendant's Motion for Continuance and continue the trial currentlyset to commence on April 18,2022. [Certificateof Service on Following Page] 2 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoingwas served via the Florida Courts E-FilingPortal,pursuant to Fla. R. Jud. Admin. 2.516(b)(1),on April 14, 2022 to: Joel K. Ortega, Esq. jortega@kpattorney.com Kanner & Pintaluga,P.A. FirstPartyEService@kpattorney.com 2020 Ponce De Leon PH 2 Coral Gables, FL 33134 LAW OFFICES OF HOFFMAN & HOFFMAN, P.A. 66 W. FlaglerStreet,Suite 200, Miami, Florida 33130 Telephone:305.372.2877 / Facsimile: 305.372.2875 EService E-mail: eservice@hoffmanpa.com By: /s/ Maria Carmona, Esq. John D. Hoffman, Esq. Board CertMed Civil Trial Lawyer Florida Bar No. 825859 / E-mail: john@hoffmanpa.com Claudia Feldman, Esq. Florida Bar No. 99646 / E-mail: claudia@hoffmanpa.com Maria Carmona, Esq. Florida Bar No. 118599 / E-mail: mcarmona@hoffmanpa.com 3 Filing# 113307951 E-Filed 09/14/2020 12:45:18 PM A IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-19- 021390 PETER SOBOTA AND LISA SOBOTA, Plaintiffs, V CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. ' DEFENDANT'S EXPERT WITNESS DISCLOSURE COMES NOW, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION ("Citizens"), by and through HOFFMAN & HOFFMAN, P.A, and pursuant to the Court's Order settingthis case for trial,and files this,its Expert Witness Disclosure,as follows: 1. Syed Mehdi Ashraf, P.E. Ashraf Consulting Engineers 1950 West 841ith Street Hialeah, Florida 33014 Mr. Syed Mehdi Ashraf is a State of Florida licensed Professional Engineer with Ashraf Consulting Engineers, and independent expert retained by Citizens to inspect and evaluate damages allegedlysustained in Plaintiffs' property located at 1505 Camellia Circle, Weston, Florida 33326, (hereinafterreferred to as the "Subject Property"). Mr. Syed Mehdi Ashraf perfoimed an inspectionof the SubjectProperty on September 18, 2019 and prepared a report compiling the findingsof his inspection.It is anticipatedfor Mr. Syed Mehdi Ashraf to testify regardingthe cause of damage to the interior of the subjectproperty as reportedby the Plaintiffs. Further,he will testify as to any evaluations and/or estimates preparedon behalf ofthe other party as to accuracy, necessityand reasonableness. His basis of opinionswill be derived from, among other things,his inspectionofthe subjectproperty and observations,the photographstaken by him, his educational training,experience,expertise,and other relevant factors and material in this case from which to form his opinion. Pursuant to Fla. R. Civ. P. a) The scope of employment in the pending and the compensation for such services. Mr. Syed Mehdi Ashraf, as a State of Florida licensed Professional Engineer with Ashraf Consulting Engineers was hired by Citizens Property Insurance Corporation to perform an inspectionof the property on September 18, 2019 and to prepare a report of his findings. The report prepared by Mr. Syed Mehdi Ashrafis attached hereto as "Exhibit A." To date,Mr. Syed Mehdi Ashraf has been paid $2,200.00 for this case. b) The expert's general litigationexperience, including the percentage of work performed for plaintiffs and defendants. Mr. Syed Mehdi Ashraf's Curriculum Vitae is attached hereto as "Exhibit B." Any information not providedin the CV filingis not maintained by Mr. Syed Mehdi Ashraf. c) The identityother cases, within a reasonable time period, in which the expert has testified by deposition or at trial. Mr. Syed Mehdi Ashraf's Curriculum Vitae is attached hereto as "Exhibit B." Any information not provided in the CV filingis not maintained by Mr. Syed Mehdi Ashraf. d) An approximation of the portion of the expert'sinvolvement as an expert witness, which may be based on the number of hours, percentage of hours, or percentage of earned income derived from serving as an expert witness; however, the expert shall not be required to disclose his or her earnings as an expert witness or income derived frorn other services. Mr. Syed Mehdi Ashraf, as a State of Florida licensed Professional Engineer with Ashraf Consulting Engineers was hired by Citizens Property Insurance Corporation to perform an inspectionofthe property on September 18,2019 and to prepare a report of his findings.To date, Mr. Syed Mehdi Ashraf has been paid $2,200.00 for this case. Mr. Syed Mehdi Ashraf"s Curriculum Vitae is attached hereto as "Exhibit B. "Any information not providedin the CV filing is not maintained by Mr. Syed Mehdi Ashraf. 2. Defendant reserves the right to supplement this Expert Witness Disclosure as discovery progresses. [CERTIFICATE OF SERVICE ATTACHED] CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy ofthe foregoingwas served via the Florida Courts E-FilingPortal,pursuant to Fla. R. Jud. Admin. 2.516(b)(1),on September 14,2020 to: Ms. Heather Nitch, Esq. rosenfeldlaw@outlook.com Rosenfeld Nitch Law, P.A. 14310 SW 8th Street,Suite 2198 Miami, FL 33184 LAW OFFICES OF HOFFMAN & HOFFMAN, P.A. 66 W. FlaglerStreet,Suite 200, Miami, Florida 33130 Telephone:305.372.2877 / Facsimile: 305.372.2875 EService E-mail: eservice@hoffmanpa.com By: /s/Maria Carmona, Esq. John D. Hoffman, Esq. Board CertifiedCivil Trial Lawyer Florida Bar No. 825859 / E-mail: john@hoffmanpa.com Claudia Feldman, Esq. Florida Bar No. 99646 / E-mail: claudia@hoffmanpa.com Maria Carmona, Esq. Florida Bar No. 118599/ E-mail:mcarmona@hoffmanpa.com B Genesis Navarrete From: la@ashengineers.com Sent: Thursday,April14,2022 12:33 AM To: Genesis Navarrete; ma@ashengineers.com CC Maria Carmona Subject: RE: CF/MCI4133IPeter Sobota v. CitizensICIaim Number: 001-00-215651 ICase Number: CACE19021390I Availability for Trial [WARNING THIS EMAILIS FROM OUTSIDEOF HOFFMANPA] Good evening, Mr. Ashraf will not be able to be in attendance as he is currently out of the country for a family emergency. Best, Kyrah Williams Project Manager Ashraf Consulting Engineers 1950 W 84th Street Hialeah, FL 33014 Office: 786-274-7600 la@ashenqineers.com -------- Original Message -------- Subject: RE: CF/MCI4133IPeter Sobota v. CitizensICIaim Number: 001-00-215651ICase Number: CACE 19021390I Availability for Trial From: Genesis Navarrete Date: Wed, April 13, 2022 2:44 pm To: "ma@ashenqineers.com" , "la@ashenqineers.com" Cc: Maria Carmona Good afternoon, I wanted to confirm your availabilityfor trial in this matter in the event we are ordered to report next week. We have a trial subpoena headed your way but believe process server mentioned there was no one in the office. Let me know when you can, thank you in advance. Genesis Navarrete Florida Registered Paralegal LAW OFFICES OF HOFFMAN & HOFFMAN, P.A. 66 W. Flagler St. Suite 200, Miami, Florida 33130 T: 305.372.2877/F: 305.372.2875/ http://www.hoffmanpa.com 1 C IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-19- 021390 PETER SOBOTA AND LISA SOBOTA, Plaintiffs, V. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. DEFENDANT'S CONSENT TO CONTINUE IN SUPPORT OF MOTION FOR CONTINUANCE OF TRIAL My name is MALCOM JONES, and I am the CORPORATE REPRESENTATIVE assignedto the matter of PETER SOBOTA AND LISA SOBOTA, CACE-19- 021390. I consent to a continuance of the action. Y-14-ZG.2-J MALCOM JONES Date Corporate Representative 1