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Filing # 107485486 E-Filed 05/14/2020 02:21:57 PM
IN THE CIRCUIT COURT OF THE
17 JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NUMBER: CACE-19-025593
LARRY BAISDEN and ROSETTA BAISDEN,
Plaintiffs,
vs.
HARTFORD INSURANCE COMPANY
OF THE MIDWEST,
Defendant.
|
DEFENDANT’S RESPONSE TO PLAINTIFFS’ MOTION TO DEEM REQUEST FOR
ADMISSIONS ADMITTED
COMES NOW, the Defendant, HARTFORD INSURANCE COMPANY OF
THE MIDWEST, by and through its undersigned counsel, serves its response in
Opposition to Plaintiffs’ Motion to Deem Responses to Requests for Admissions
Admitted, and states as follows:
1. Defendant was served with Plaintiffs’ Interrogatories, Request for
Production, and Request for Admissions on January 2, 2020, with the Complaint.
2. Defendant's responses to discovery requests were initially due on
February 11, 2020.
3. However, this case was removed to Federal Court on or around February
11, 2020, and was later remanded back to State Court on or around on February 28,
2020.
4. In the midst of the transfer from State Court to Federal Court, and
eventually back to State Court, Defendant's discovery responses were not served.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/14/2020 02:21:57 PM.****5. First, the undersigned was out of town at the time this matter was
remanded, and then shortly after returning to the office, Miami-Dade County issued
shelter in place orders requiring residents to remain at home.
6. In the midst of this, the appropriate discovery deadline was not
calendared, and the undersigned did not receive a good faith communication regarding
the overdue responses.
7. Despite this, on May 4, 2020, Plaintiffs filed a Motion to Deem Request for
Admissions Admitted.
8. The use of Requests for Admissions is governed by Fla.R.Civ.P. 1.370,
which states that a matter is admitted unless a response is served within 30 days after
services, unless shortened or lengthened by a court.
9. However, Plaintiffs’ Request to deem Admissions Admitted is not
appropriate.
10. The liberal standard of civil procedure rule allow courts to relieve parties
from the effect of technical admissions when not prejudicial to party who obtained
admissions favors amendment in most cases in order to allow disposition on the merits.
Ramos v. Growing Together, Inc., App. 4 Dist., 672 So.2d 103 (1996)
11. | Moreover, in Wood v. Fortune Insurance Company, 453 So.2d 451, 451
(Fla. 4% DCA 1984), the Court held that the rules of civil procedure are flexible enough
to provide for late filing of responses when inadvertent error results in the tardy filing of
requests for admissions or responses and such tardy responses should be excused.12. Further, Courts have reversed and remanded to allow late filing of
responses where a party has failed to answer requests for admissions. A/ Hendrickson
Toyota Inc. v. Michael Yamplosky, 659 So 2. 948 (Fla 4" DCA 1997).
13. Consequently, Defendant's failure to respond to Plaintiffs’ Request for
Admissions does not serve as a waiver and this Court should deny Plaintiffs’ Motion to
Deem Request for Admissions Admitted.
14. To date no discovery responses have been served by either party, and
discovery is still ongoing. Therefore, no party will be prejudiced by the granting
Defendant's motion.
WHEREFORE, Defendant Hartford Insurance Company of the Midwest,
respectfully requests this Honorable Court deny Plaintiffs’ request to deem all
admissions admitted and waiving any objections, as well as any other relief deemed just
and proper.
Respectfully submitted,
BUTLER WEIHMULLER KATZ CRAIG LLP
aay
TRACY A. JURGUS, ESQ.
Florida Bar No.: 483737
tjurgus@butler. legal
SAMERA BESHIR, ESQ.
Florida Bar No.: 122608
Secondary: mvelez@butler.legal
Mail Center: 400 N. Ashley Drive, Suite 2300
Tampa, Florida 33602
Telephone: (305) 416-9998
Facsimile: (305) 416-6848
Attorneys for Defendant, The Hartford Insurance
Company of the MidwestCERTIFICATE OF SERVICE
| certify that a copy hereof has been furnished to:
David A. Comras, Esq.
Comras & Comras, P.A.
1975 East Sunrise Boulevard, Suite 617
Fort Lauderdale, FL 33304
dacomras@floridacourtlawyer.com
Attorneys for Plaintiff, Larry Baisden and Rosetta Baisden
by e-Portal on May 14, 2020.
osu‘
TRACY A. JURGUS, ESQ.
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Filing # 107485486 E-Filed 05/14/2020 02:21:57 PM IN THE CIRCUIT COURT OF THE 17 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NUMBER: CACE-19-025593 LARRY BAISDEN and ROSETTA BAISDEN, Plaintiffs, vs. HARTFORD INSURANCE COMPANY OF THE MIDWEST, Defendant. | DEFENDANT’S RESPONSE TO PLAINTIFFS’ MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED COMES NOW, the Defendant, HARTFORD INSURANCE COMPANY OF THE MIDWEST, by and through its undersigned counsel, serves its response in Opposition to Plaintiffs’ Motion to Deem Responses to Requests for Admissions Admitted, and states as follows: 1. Defendant was served with Plaintiffs’ Interrogatories, Request for Production, and Request for Admissions on January 2, 2020, with the Complaint. 2. Defendant's responses to discovery requests were initially due on February 11, 2020. 3. However, this case was removed to Federal Court on or around February 11, 2020, and was later remanded back to State Court on or around on February 28, 2020. 4. In the midst of the transfer from State Court to Federal Court, and eventually back to State Court, Defendant's discovery responses were not served. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/14/2020 02:21:57 PM.****5. First, the undersigned was out of town at the time this matter was remanded, and then shortly after returning to the office, Miami-Dade County issued shelter in place orders requiring residents to remain at home. 6. In the midst of this, the appropriate discovery deadline was not calendared, and the undersigned did not receive a good faith communication regarding the overdue responses. 7. Despite this, on May 4, 2020, Plaintiffs filed a Motion to Deem Request for Admissions Admitted. 8. The use of Requests for Admissions is governed by Fla.R.Civ.P. 1.370, which states that a matter is admitted unless a response is served within 30 days after services, unless shortened or lengthened by a court. 9. However, Plaintiffs’ Request to deem Admissions Admitted is not appropriate. 10. The liberal standard of civil procedure rule allow courts to relieve parties from the effect of technical admissions when not prejudicial to party who obtained admissions favors amendment in most cases in order to allow disposition on the merits. Ramos v. Growing Together, Inc., App. 4 Dist., 672 So.2d 103 (1996) 11. | Moreover, in Wood v. Fortune Insurance Company, 453 So.2d 451, 451 (Fla. 4% DCA 1984), the Court held that the rules of civil procedure are flexible enough to provide for late filing of responses when inadvertent error results in the tardy filing of requests for admissions or responses and such tardy responses should be excused.12. Further, Courts have reversed and remanded to allow late filing of responses where a party has failed to answer requests for admissions. A/ Hendrickson Toyota Inc. v. Michael Yamplosky, 659 So 2. 948 (Fla 4" DCA 1997). 13. Consequently, Defendant's failure to respond to Plaintiffs’ Request for Admissions does not serve as a waiver and this Court should deny Plaintiffs’ Motion to Deem Request for Admissions Admitted. 14. To date no discovery responses have been served by either party, and discovery is still ongoing. Therefore, no party will be prejudiced by the granting Defendant's motion. WHEREFORE, Defendant Hartford Insurance Company of the Midwest, respectfully requests this Honorable Court deny Plaintiffs’ request to deem all admissions admitted and waiving any objections, as well as any other relief deemed just and proper. Respectfully submitted, BUTLER WEIHMULLER KATZ CRAIG LLP aay TRACY A. JURGUS, ESQ. Florida Bar No.: 483737 tjurgus@butler. legal SAMERA BESHIR, ESQ. Florida Bar No.: 122608 Secondary: mvelez@butler.legal Mail Center: 400 N. Ashley Drive, Suite 2300 Tampa, Florida 33602 Telephone: (305) 416-9998 Facsimile: (305) 416-6848 Attorneys for Defendant, The Hartford Insurance Company of the MidwestCERTIFICATE OF SERVICE | certify that a copy hereof has been furnished to: David A. Comras, Esq. Comras & Comras, P.A. 1975 East Sunrise Boulevard, Suite 617 Fort Lauderdale, FL 33304 dacomras@floridacourtlawyer.com Attorneys for Plaintiff, Larry Baisden and Rosetta Baisden by e-Portal on May 14, 2020. osu‘ TRACY A. JURGUS, ESQ.