Preview
Filing # 110503941 E-Filed 07/20/2020 04:14:49 PM
20-9562
MRP/
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04)
(Judge Sandra Perlman)
Plaintiff,
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S.
MOTION TO COMPEL DISCOVERY
COMES NOW, the Defendant, CITIZENS PROPERTY INSURANCE
CORPORATION, by and through undersigned counsel, and pursuant to Rule 1.380, Florida Rules
of Civil Procedure, files its Motion to Compel Plaintiffs, JIMMY AMAYA & AMELIS RAMOS,
to provide responses to Citizens’ First Set of Interrogatories and Request to Produce dated
February 27, 2020, and in support thereof states as follows:
1. On February 27, 2020, Defendant propounded its First Set of Interrogatories and
Request for Production upon Plaintiffs. (See copies of Defendant's First Set of Interrogatories and
Request to Produce attached hereto as Exhibit "A”’).
2. Pursuant to Fla. R. Civ. P. 1.340, Plaintiffs’ Responses to Defendant’s First Set of
Interrogatories and Request for Production were due within thirty (30) days after service, which
was on or about March 30, 2020.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/20/2020 04:14:48 PM.****3. On March 12, 2020, Plaintiff filed a Motion for Extension of Time to respond to
Defendant’s Discovery Requests.
3. The Plaintiffs’ discovery responses were not received and as such, on July, 8, 2020,
the undersigned counsel forwarded correspondence to Plaintiffs’ counsel seeking review of a
proposed Agreed Order on Plaintiff's Motion for Enlargement of Time (See copy of the July 8,
2020 correspondence attached hereto as Exhibit “B’”’).
4. Still having not received Plaintiffs’ discovery responses, the undersigned counsel
forward a second correspondence dated July 9, 2020 seeking review of a proposed Agreed Order
on Plaintiff's Motion for Enlargement of Time (See copy of the July 9, 2020 correspondence
attached hereto as Exhibit “C’”’).
5. Still having not received Plaintiffs’ discovery responses, the undersigned counsel
forward a second correspondence dated July 15, 2020 seeking review of a proposed Agreed Order
on Plaintiff's Motion for Enlargement of Time (See copy of the July 15, 2020 correspondence
attached hereto as Exhibit “D”’)
6. As of this date, the Plaintiffs have not responded to discovery requests propounded
by Citizens in February 27, 2020.
7. Due to Plaintiff's failure to comply with its discovery obligations, Defendant seeks
an order of this Court compelling Plaintiff to respond to all outstanding discovery within ten (10)
daysWHEREFORE, the Defendant respectfully request that this Court enter an Order
requiring the Plaintiffs to provide answers to the aforementioned Discovery within ten (10) days
from the date of this Court’s Order and for such other and further relief as this Court deems just
and proper.
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
sent by e-mail on this the 20th day of July, 2020, to Daniel Cruz, Esq., The Diener Firm, P.A.,
Attorneys for Plaintiff, service@dienerfirm.com, daniel@dienerfirm.com,
alissa@dienerfirm.com.
BRONSTEIN & CARMONA, P.A.
Attorneys for Defendant
8000 Peters Road, Suite A-200
Fort Lauderdale, FL 33324
(954) 358-0444 — Phone
(954) 358-0445 — Fax
service@bronstein-carmona.com
By: /s/
Michael R. Podolsky
Florida Bar No: 105484Filing #104030296
20-9562
MRP/fib
IN THE CIRCUIT COURT OF THE 17”
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04)
(Judge Sandra Perlman)
Plaintiff,
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
qe ee Eee
DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S
NOTICE OF SERVING ITS FIRST SET OF INTERROGATORIES TO PLAINTIFF
COMES NOW the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION
(hereinafter “Citizens”), a Florida Governmental Entity, by and through its undersigned, hereby
files its Notice of Serving its First Set of Interrogatories to Plaintiffs.
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
sent by e-mail on this the 27th day of February, 2020, to Daniel Cruz, Esq., The Diener Firm,
P.A., Attorneys for _— Plaintiff, — service@dienerfirm.com, —_ daniel@dienerfirm.com
alissa@dienerfirm.com.
BRONSTEIN & CARMONA, P.A.
Attorneys for Defendant
8000 Peters Road, Suite A-200
Fort Lauderdale, FL 33324
(954) 358-0444 — Phone
(954) 358-0445 — Fax
service@bronstein-carmona.com
By: /s/
Michael R. Podolsky
Florida Bar No: 105484
EXHIBIT "A"FIRST SET OF INTERROGATORIES TO PLAINTIFF
. Please state the name, address and telephone number of all persons who are assisting you
in providing responses to these Interrogatories, and include the nature of the relationship
between you and that person.
. Please describe in detail what events transpired at the subject property on or about
September 10, 2017 that caused or contributed to the alleged loss that is the subject
matter of this cause of action against Citizens, including how the loss was discovered and
who discovered the loss.
. Please state the date that any of the damages being claimed, as alleged in the Complaint
for Damages, were first reported to Citizens and state how the damages were reported as
well as the name of the person to whom the damages were reported.
. Please describe in detail, what efforts, if any, were made to mitigate any damage(s) to the
Property after the loss as alleged in the Complaint for Damages.
. Please state with specificity the dollar amount you are claiming that you are entitled to be
paid with respect to your claim for damage to the Property, as a result of the alleged loss
which occurred on or about September 10, 2017, as alleged in the Complaint.
Additionally, please include the following:
a. The date that the damage was first noticed.
b. Describe where within the property the damage was located.c. Describe all damage to the property which occurred on September 10, 2017 as a
result of the alleged loss.
d. As to each item of damage claimed, please describe the status of the damage
(whether repaired or pending).
e. Ifthe damage claimed has been repaired, please state the names and addresses of
the individual or contractor that made repairs, when the repairs were made, and
the costs of the repairs.
f. State whether any photographs were taken of damage to the Property prior to any
repairs. If so, identify who took the photos.
g. Ifadditional repairs are necessary, state what repairs need to be completed.
6. Please identify with specificity, including name, address, telephone number, company
name and job title, all contractors, sub-contractors, engineers, plumbers, architects, tile
companies, handymen, material men, and all other entities and/or individuals with whom
you have consulted with, and/or retained to inspect, repair, and/or provide estimate(s) for
the repair and/or replacement of any damages which occurred at the Property from the
September 10, 2017 loss, up_to the date of service of your_responses to these
interrogatories upon Citizens.
7. Identify with specificity, all supporting documents (and attach said documents pursuant
to Rule 1.350, Fla) R. Civ. P evidencing the observations, inspections,
repairs/replacements, and the related involvement of the entities, professionals or
individuals identified in Interrogatory No. 6, including, but not limited to plans,
estimates, reports, diagrams, field notes, illustrations, photographs, invoices, videos,
records of payment, correspondence and/or repair records.10.
11.
12.
13.
Please state with specificity each fact the Plaintiff is relying on, with regard to each item
of damage being claimed, as referenced in the Complaint.
a. Please provide the basis for each such fact being relied upon.
b. Who or whom made such a determination.
c. Whether this analysis has been put into writing and if so, when and by whom.
Please state the date that you purchased the Property and from whom you purchased it.
Please indicate whether you had the Property inspected prior to purchasing it on the date
listed in Interrogatory No. 9, and include the date of the inspection, the name of the
company, corporation, entity, business, or person that performed said inspections, and the
address and/or telephone number for said company, corporation, entity, business, or
person that performed said inspections.
Please state whether you, or your agents, allowed for Citizens to perform an inspection of
the home subsequent to the loss and if so, state who was present for Citizens’ inspection,
the date Citizens was able to inspect the alleged loss.
. Please provide the name, address and telephone number of all persons who have, or may
have knowledge of the facts set forth within the Complaint. Include the facts that each
person has knowledge of and the source of that knowledge.
Were any repairs, improvements, modifications or replacements made to the roof at the
Property prior to September 10, 2017?
Additionally, please also state:
a. Who made any such repairs, improvements, modifications or replacements;b. When such repairs, improvements, modifications or replacements were made;
c. The reason for any repairs, improvements, modifications or replacements made to
the plumbing system prior to September 10, 2017; and
d. The costs of such repairs, improvements, modifications or replacements.
14. Please describe in detail the nature of any repair(s), renovations, or construction to the
Property from the date of purchase to the present time (including but not limited to
repairs, renovations, or construction on the roof). Additionally, please identify the
name(s) and current address(es) of the individual(s) and entity(ies) who participated in
such repairs, renovations, or construction, or whom you have retained to conduct such
repairs, renovations or construction.
15. Do any individual(s) and/or entity(ies), other than yourself, have an ownership interest in
the Property? If so, please provide each person or entity’s name, address and telephone
number, as well as, the nature and scope of each person or entity's ownership interest,
when that interest was acquired or obtained, and your relationship to each person or
entity holding such ownership interest.
16. Please state in detail, and with specificity, each and every condition precedent that you
claim was waived prior to filing this lawsuit. For each condition you are claiming was
waived, please cite the specific language in the policy and set forth the facts that support
your contention that the condition precedent was waived, when the waiver occurred, in
what manner the waiver of the condition was conveyed and by whom at Citizens.17. Please describe with specificity any losses to the Property (including but not limited to:
loss to the roof throughout the Property) that occurred before and after September 10,
2017, including the cause of such damages and who made such a determination.
Additionally, please state the name(s) and current address(es) of any individual(s) and
entity(ies) who participated in the repair or whom you have retained to repair or replace
any of the damages you identified.
18. Please provide the name of the current mortgage holder(s) or lien holder(s) for the
Property. Please also state whether you currently pay/owe any monthly mortgage
payment(s). If there are any liens on the insured property, provide the amount of said
lien(s) and the names of all persons or entities holding such liens.
19. Describe with specificity any additional living expenses that you allege you incurred as a
result of the subject loss to the Property.
20. Were any repairs, improvements, modifications or replacements made to the Property as
the result of any prior homeowner insurance claims?
Additionally, please also state:
a. Who made any such repairs, improvements, modifications or replacements;
b. When such repairs, improvements, modifications or replacements were made;
c. What parts of the home were repaired, improved, modified or replaced; and
d. The costs of such repairs, improvements, modifications or replacements.
21. Describe with specificity any personal property damage that you allege you incurred as a22.
result of the subject loss to the Property including the amount of damage, the original
date of purchase, the amount the property was purchased, etc.
Was a claim made to your flood insurance carrier for damages sustained at the property
on September 10, 2017? If so, please indicate:
a. the name of the carrier,
b. what areas of the property were allegedly damaged due to flooding,
c. whether the flood insurance carrier inspected the property, and
d. whether payment was issued by the flood insurance carrier and the amount of
payment.Filing #104030296
20-9562
MRP/fib
IN THE CIRCUIT COURT OF THE 17”
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04)
(Judge Sandra Perlman)
Plaintiff,
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S
FIRST REQUEST FOR PRODUCTION
COMES NOW the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION
(hereinafter “Citizens”), a Florida Governmental Entity, by and through its undersigned and
requests Plaintiffs, to produce the following documents for inspection and/or copying within
thirty (30) days of receipt of this request at the office specified below, in accordance with the
Florida Rules of Civil Procedure.
1. All estimates, proposals, contracts, permits, invoices, receipts, work orders,
payment applications, checks, drafts, ledgers, budgets, notes, memoranda, and any and all other
documents regarding all repair and/or maintenance and/or improvement of the areas of damage
complained of, that allegedly resulted from the loss at issue in this lawsuit.
2. Complete copies of all contracts with all public adjusters who have assisted you in
any manner with the claim that is now the subject of the current lawsuit, as well as
correspondence exchanged between you and your public adjuster, any estimates prepared by
your public adjuster and all photographs taken by your public adjuster.Jimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
3. Complete copies of all contracts with all water mitigation companies or any
company who have assisted you in any manner with the claim that is now the subject of the
current lawsuit, as well as correspondence exchanged between you and this water mitigation
company, any estimates, invoices, and photographs taken by this water mitigation company.
4. All photographs or other pictorial representations of all items claimed lost or
damaged as a result of the loss at issue in this lawsuit, including all photographs and/or other
pictorial representation of the areas in and around the property at the time of, before and after the
loss.
5. Any and all documents, including all correspondence and/or written
communication from the Plaintiff or his/her agents to CITIZENS and/or CITIZENS’ agents,
pertaining to the loss/claim at issue in this lawsuit.
6. Any and all documents, including all correspondence and/or written
communication, from CITIZENS and/or CITIZENS’ agents to the Plaintiff and/or his/her agents
pertaining to the loss at issue in this litigation.
7. Any and all reports of any and all experts, contractors, engineers, inspectors, tile
companies, laboratories, water mitigation companies, testing companies, maintenance and/or
repair companies and/or individuals or the like who inspected or tested the Property and the
damages that allegedly resulted from the loss at issue, including but not limited to, any and all
notes, field notes, photographs, videos, diagrams, drawings, sketches, memoranda, calculations,
plans, protocols, estimates, proposals, invoices, dry logs, background information,
correspondence, e-mail or any other documents concerning the loss at the Property or any part
thereof, and the alleged resulting damages and/or repairs.
8. All policies of insurance, whether in your name or any other name, for the loss
location, along with all correspondence, applications, memoranda or other documents relating toJimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
the policies of insurance from the time of purchase of the Property to the present.
9. All documents relating to any prior losses sustained at the Property including, but
not limited to, photographs, videos of damages, inventories of damaged property, estimates for
repair, correspondence with insurer, correspondence with public adjusters, payments from any
insurer, contracts for repairs, proof of repairs, invoices for repairs, warranties for said repairs,
and all records for payments for repairs, such as receipts and canceled checks, from the date of
purchase of the Property to the present.
10. Copies of any and all appraisals of the Property within the past seven (7) years.
11. A complete permit history, as well as any and all documents relating to all
building permits/plumbing permits applied for and/or received for the repair of the damages at
the Property as a result of the loss at issue in this litigation.
12. A complete permit history, as well as any and all documents relating to all
building permits/plumbing permits applied for and/or received for any repairs, renovations, or
construction on the Property since the purchase of the Property.
13. A complete list of all items of personal property claimed to have been damaged as
a result of the subject loss, along with the dates the items were purchased and documentation of
ownership.
14. All records, receipts, invoices, purchase orders, contracts, bills, payment slips,
checks, credit card slips or other writings relating to the existence, sale purchase, use, repair or
replacement of each and every item claimed lost or damaged as a result of the subject loss.
15. All records, receipts, invoices, purchase orders, contracts, bills, payment slips,
checks, credit card slips or other writings relating to the existence, sale, purchase, use, repair or
replacement of any part or section of the Property from the date of purchase through the present
date.Jimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
16. All records pertaining to the purchase of the Property including, but not limited
to, the sales contract, the closing statement, all inspection reports, all disclosure statements, and
all appraisals.
17. All documents and/or information relating to any litigation or lawsuit involving
the Property during the last five years, including foreclosure actions, including the style of the
case, the names of all parties, the names of attorneys for all parties, the case number, the court
and division in which each case is pending, judgments and satisfaction of judgments.
18. Any and all documentation reflecting when you first provided notice of the
subject loss to CITIZENS and/or CITIZENS’ agents.
19. Any and all documentation reflecting when you first noticed the damages which
are the subject of this lawsuit.
20. All records or documents reflecting the maintenance, repair, renovations,
remodeling or other improvements made to the subject property and roof from the date of
purchase of the Property to the present, including, but not limited to, estimates, contracts,
receipts, cancelled checks, bills, invoices and permits pulled to make such repairs.
21. All records or documents reflecting the maintenance, repair, renovations,
remodeling or other improvements made to the roof of the home from the date of purchase of the
Property to the present, including, but not limited to, estimates, contracts, receipts, cancelled
checks, bills, invoices and permits pulled to make such repairs.
22. All records or documents reflecting the maintenance, repair, renovations,
remodeling or other improvements made to the roof at subject property from the date of purchase
of the Property to the present, including, but not limited to, estimates, contracts, receipts,
cancelled checks, bills, invoices and permits pulled to make such repairs.
23. Each and every estimate prepared on your behalf reflecting the costs to repair anyJimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
alleged damages to the Property that are at issue in this litigation.
24. All documentation relating to all losses/damages to the Property from the date of
purchase of the Property to the present, including, but not limited to photographs, videos of
damages, inventories of the damaged property, estimates for repairs, correspondence with
insurers, correspondence with public adjusters, contracts for repairs, proof of repairs, invoices for
repairs, and all records of payment for repairs such as receipts and cancelled checks.
25. All documentation regarding claims made prior to and/or after September 10,
2017 for any type of loss, under any insurance policy, indicating the name of the insurer, the
policy number and coverages in effect at the time, a list of all items claimed lost or damaged, any
and all related estimates, invoices, correspondence, memoranda, releases, proofs of loss, receipts
or other documents relating to such claims.
26. All documentation relating to any prior homeowners insurance claims, including,
but not limited to photographs, videos of damages, inventories of the damaged property,
estimates for repairs, correspondence with insurers, correspondence with public adjusters,
contracts for repairs, proof of repairs, invoices for repairs, and all records of payment for repairs
such as receipts and cancelled checks.
27. All documentation reflecting additional living expenses incurred as a result of the
subject loss, including, but not limited to, receipts, bank statements, invoices, correspondence,
memoranda, and notes.
28. — Any and all documentation relating to the roof of the subject property including,
but not limited to invoices, cancelled checks, receipts, records for payment, proof of repairs,
correspondence, photographs, and contracts for repairs.
29. Any and all documentation relating to the replacement of roof either prior to the
alleged loss or after at the subject property including, but not limited to invoices, cancelledJimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
checks, receipts, records for payment, proof of repairs, correspondence, photographs, and
contracts for repairs.
30. All documentation reflecting the mortgagee on the Property at the time of the loss,
and if different from what is listed on the declarations page of the subject policy, copies of the
documentation satisfying the mortgage listed on the policy and documentation showing the
current mortgagee, including but not limited to, mortgage deeds, satisfactions of mortgage,
assignment of mortgage, current mortgage statements, and/or pay off letters.
31. Any and all documents in support of any of your responses to CITIZENS’
Interrogatories.
32. If you made a claim to your flood insurance carrier, please provide any and all
documentation submitted to the flood insurer including, but not limited to, correspondence and
estimates for damages. Furthermore, please provide any documents provided to you by the flood
insurer including, but not limited to, correspondence, estimates, coverage determinations, and
copies of payments received.
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
sent by e-mail on this the 27 day of February, 2020, to Daniel Cruz, Esq., The Diener Firm,
P.A., Attorneys for Plaintiff, — service@dienerfirm.com, —_daniel@dienerfirm.com,
alissa@dienerfirm.com.
BRONSTEIN & CARMONA, P.A.
Attomeys for Defendant
8000 Peters Road, Suite A-200
Fort Lauderdale, FL 33324
(954) 358-0444 — Phone
(954) 358-0445 — Fax
service@bronstein-carmona.com
By: /s/
Michael R. Podolsky
Florida Bar No: 105484JURAT PAGES
STATE OF FLORIDA )
) Ss.
COUNTY OF )
Sworn to and subscribed before me by means of 1) physical presence or 0 online
notarization, this day of 2020 by , who, having
been by me first duly sworn, deposed and stated that the attached answers to Interrogatories are
true and correct to the best of his/her knowledge, information and belief.
Notary Public, State of Florida
Printed Name of Notary
Personally Known OR Produced Identification
Type of Identification Produced
SEALFrom: Isabela Mendonca
To: erik@dienerfirm.com; service@dienerfirm.com; alissa@dienerfirm.com
Subject: Our File #20-9562; Jimmy Amaya and Amelis Ramos v. Citizens Property Insurance Corporation; CACE 19-
021027 (04)
Date: Wednesday, July 08, 2020 10:26:01 AM
First Request
Good Morning:
Regarding case number CACE 19-021027 (04), your office filed a Motion for
Extension of Time to Respond to Discovery back on March 12, 2020. Kindly provide a
proposed Agreed Order on same.
Additionally, we'd like to set Defendant's Motion to Dismiss for hearing on one of the
following dates:
7/30 @8:45 Thru 9:30am
8/3-8/6 @8:45 Thru 9:30am
8/10-8/13 @8:45 Thru 9:30am
| look forward to hearing from you.
Isabela Mendonca
Legal Assistant to
Michael R. Podolsky, Esq.
BRONSTEIN B CARMONA
Bronstein & Carmona, P.A.
8000 Peters Road, Suite A-200
Fort Lauderdale, FL 33324
(954) 358-0444
email: imendonca@bronstein-carmona.com
court service: service@bronstein-carmona.com
EXHIBIT "B"From: Isabela Mendonca
To: alissa@dienerfirm.com; daniel@dienerfirm.com
Subject: FW: Our File #20-9562; Jimmy Amaya and Amelis Ramos v. Citizens Property Insurance Corporation; CACE 19-
021027 (04)
Date: Thursday, July 09, 2020 12:57:41 PM
Attachments: ao-plf met disc.docx
2nd Request
Good Morning,
Regarding case number CACE 19-021027 (04), | am following up on my email below
on Plaintiffs Motion for Extension of Time to Respond to Discovery, filed on 3/12/20. |
am attaching a proposed Agreed Order providing a 7-day extension, as it's been 4
Months since the Motion was filed. Kindly review and provide your approval.
| look forward to hearing from you.
Isabela Mendonca
Legal Assistant to
Michael R. Podolsky, Esq.
BRONSTEIN B CARMONA
Bronstein & Carmona, P.A.
8000 Peters Road, Suite A-200
Fort Lauderdale, FL 33324
(954) 358-0444
email: i in-
court service: service@bronstein-carmona.com
From: Isabela Mendonca
Sent: Wednesday, July 08, 2020 10:42 AM
To: erik@dienerfirm.com; service@dienerfirm.com; alissa@dienerfirm.com
Subject: Our File #20-9562; Jimmy Amaya and Amelis Ramos v. Citizens Property Insurance
Corporation; CACE 19-021027 (04)
First Request
Good Morning:
Regarding case number CACE 19-021027 (04), your office filed a Motion for
Extension of Time to Respond to Discovery back on March 12, 2020. Kindly provide a
proposed Agreed Order on same.
EXHIBIT "C"Additionally, we'd like to set Defendant's Motion to Dismiss for hearing on one of the
following dates:
7/130 @8:45 Thru 9:30am
8/3-8/6 @8:45 Thru 9:30am
8/10-8/13 @8:45 Thru 9:30am
| look forward to hearing from you.
Isabela Mendonca
Legal Assistant to
Michael R. Podolsky, Esq.
BRONSTEIN B CARMONA
Bronstein & Carmona, P.A.
8000 Peters Road, Suite A-200
Fort Lauderdale, FL 33324
(954) 358-0444
email: i in-
court service: service@bronstein-carmona.comFrom: Isabela Mendonca
To: alissa@dienerfirm.com; daniel@dienerfirm.com
Subject: Our File 20-9562; Amaya, Jimmy and Ramos, Amelis v. Citizens; CACE 19-021027 (04)
Date: Wednesday, July 15, 2020 9:15:28 AM
Attachments: 7.15.20 ao-plf met disc.docx
3rd_and Final Request
Good Morning,
As previously requested, Plaintiff's Answers to Interrogatories and Response to
Request for Production were due on or before 3/30/20. Your office filed a Motion for
Extension of Time on 3/12/20, however to date has not responded to our request for a
proposed order.
lam attaching a proposed Agreed Order providing a 7-day extension, as it's been 4
Months since the Motion was filed. Kindly review and provide your approval. Please
review and advise by the end of the day today, otherwise our office will seek the
Courts’ assistance.
Best Regards
Isabela Mendonca
Legal Assistant to
Michael R. Podolsky, Esq.
BRONSTEIN B CARMONA
Bronstein & Carmona, P.A.
8000 Peters Road, Suite A-200
Fort Lauderdale, FL 33324
(954) 358-0444
email: imendonca@pbronstein-carmona.com
court service: service@bronstein-carmona.com
EXHIBIT "D"
Preview
Filing # 110503941 E-Filed 07/20/2020 04:14:49 PM 20-9562 MRP/ IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04) (Judge Sandra Perlman) Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S. MOTION TO COMPEL DISCOVERY COMES NOW, the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through undersigned counsel, and pursuant to Rule 1.380, Florida Rules of Civil Procedure, files its Motion to Compel Plaintiffs, JIMMY AMAYA & AMELIS RAMOS, to provide responses to Citizens’ First Set of Interrogatories and Request to Produce dated February 27, 2020, and in support thereof states as follows: 1. On February 27, 2020, Defendant propounded its First Set of Interrogatories and Request for Production upon Plaintiffs. (See copies of Defendant's First Set of Interrogatories and Request to Produce attached hereto as Exhibit "A”’). 2. Pursuant to Fla. R. Civ. P. 1.340, Plaintiffs’ Responses to Defendant’s First Set of Interrogatories and Request for Production were due within thirty (30) days after service, which was on or about March 30, 2020. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/20/2020 04:14:48 PM.****3. On March 12, 2020, Plaintiff filed a Motion for Extension of Time to respond to Defendant’s Discovery Requests. 3. The Plaintiffs’ discovery responses were not received and as such, on July, 8, 2020, the undersigned counsel forwarded correspondence to Plaintiffs’ counsel seeking review of a proposed Agreed Order on Plaintiff's Motion for Enlargement of Time (See copy of the July 8, 2020 correspondence attached hereto as Exhibit “B’”’). 4. Still having not received Plaintiffs’ discovery responses, the undersigned counsel forward a second correspondence dated July 9, 2020 seeking review of a proposed Agreed Order on Plaintiff's Motion for Enlargement of Time (See copy of the July 9, 2020 correspondence attached hereto as Exhibit “C’”’). 5. Still having not received Plaintiffs’ discovery responses, the undersigned counsel forward a second correspondence dated July 15, 2020 seeking review of a proposed Agreed Order on Plaintiff's Motion for Enlargement of Time (See copy of the July 15, 2020 correspondence attached hereto as Exhibit “D”’) 6. As of this date, the Plaintiffs have not responded to discovery requests propounded by Citizens in February 27, 2020. 7. Due to Plaintiff's failure to comply with its discovery obligations, Defendant seeks an order of this Court compelling Plaintiff to respond to all outstanding discovery within ten (10) daysWHEREFORE, the Defendant respectfully request that this Court enter an Order requiring the Plaintiffs to provide answers to the aforementioned Discovery within ten (10) days from the date of this Court’s Order and for such other and further relief as this Court deems just and proper. I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been sent by e-mail on this the 20th day of July, 2020, to Daniel Cruz, Esq., The Diener Firm, P.A., Attorneys for Plaintiff, service@dienerfirm.com, daniel@dienerfirm.com, alissa@dienerfirm.com. BRONSTEIN & CARMONA, P.A. Attorneys for Defendant 8000 Peters Road, Suite A-200 Fort Lauderdale, FL 33324 (954) 358-0444 — Phone (954) 358-0445 — Fax service@bronstein-carmona.com By: /s/ Michael R. Podolsky Florida Bar No: 105484Filing #104030296 20-9562 MRP/fib IN THE CIRCUIT COURT OF THE 17” JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04) (Judge Sandra Perlman) Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. qe ee Eee DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S NOTICE OF SERVING ITS FIRST SET OF INTERROGATORIES TO PLAINTIFF COMES NOW the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (hereinafter “Citizens”), a Florida Governmental Entity, by and through its undersigned, hereby files its Notice of Serving its First Set of Interrogatories to Plaintiffs. I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been sent by e-mail on this the 27th day of February, 2020, to Daniel Cruz, Esq., The Diener Firm, P.A., Attorneys for _— Plaintiff, — service@dienerfirm.com, —_ daniel@dienerfirm.com alissa@dienerfirm.com. BRONSTEIN & CARMONA, P.A. Attorneys for Defendant 8000 Peters Road, Suite A-200 Fort Lauderdale, FL 33324 (954) 358-0444 — Phone (954) 358-0445 — Fax service@bronstein-carmona.com By: /s/ Michael R. Podolsky Florida Bar No: 105484 EXHIBIT "A"FIRST SET OF INTERROGATORIES TO PLAINTIFF . Please state the name, address and telephone number of all persons who are assisting you in providing responses to these Interrogatories, and include the nature of the relationship between you and that person. . Please describe in detail what events transpired at the subject property on or about September 10, 2017 that caused or contributed to the alleged loss that is the subject matter of this cause of action against Citizens, including how the loss was discovered and who discovered the loss. . Please state the date that any of the damages being claimed, as alleged in the Complaint for Damages, were first reported to Citizens and state how the damages were reported as well as the name of the person to whom the damages were reported. . Please describe in detail, what efforts, if any, were made to mitigate any damage(s) to the Property after the loss as alleged in the Complaint for Damages. . Please state with specificity the dollar amount you are claiming that you are entitled to be paid with respect to your claim for damage to the Property, as a result of the alleged loss which occurred on or about September 10, 2017, as alleged in the Complaint. Additionally, please include the following: a. The date that the damage was first noticed. b. Describe where within the property the damage was located.c. Describe all damage to the property which occurred on September 10, 2017 as a result of the alleged loss. d. As to each item of damage claimed, please describe the status of the damage (whether repaired or pending). e. Ifthe damage claimed has been repaired, please state the names and addresses of the individual or contractor that made repairs, when the repairs were made, and the costs of the repairs. f. State whether any photographs were taken of damage to the Property prior to any repairs. If so, identify who took the photos. g. Ifadditional repairs are necessary, state what repairs need to be completed. 6. Please identify with specificity, including name, address, telephone number, company name and job title, all contractors, sub-contractors, engineers, plumbers, architects, tile companies, handymen, material men, and all other entities and/or individuals with whom you have consulted with, and/or retained to inspect, repair, and/or provide estimate(s) for the repair and/or replacement of any damages which occurred at the Property from the September 10, 2017 loss, up_to the date of service of your_responses to these interrogatories upon Citizens. 7. Identify with specificity, all supporting documents (and attach said documents pursuant to Rule 1.350, Fla) R. Civ. P evidencing the observations, inspections, repairs/replacements, and the related involvement of the entities, professionals or individuals identified in Interrogatory No. 6, including, but not limited to plans, estimates, reports, diagrams, field notes, illustrations, photographs, invoices, videos, records of payment, correspondence and/or repair records.10. 11. 12. 13. Please state with specificity each fact the Plaintiff is relying on, with regard to each item of damage being claimed, as referenced in the Complaint. a. Please provide the basis for each such fact being relied upon. b. Who or whom made such a determination. c. Whether this analysis has been put into writing and if so, when and by whom. Please state the date that you purchased the Property and from whom you purchased it. Please indicate whether you had the Property inspected prior to purchasing it on the date listed in Interrogatory No. 9, and include the date of the inspection, the name of the company, corporation, entity, business, or person that performed said inspections, and the address and/or telephone number for said company, corporation, entity, business, or person that performed said inspections. Please state whether you, or your agents, allowed for Citizens to perform an inspection of the home subsequent to the loss and if so, state who was present for Citizens’ inspection, the date Citizens was able to inspect the alleged loss. . Please provide the name, address and telephone number of all persons who have, or may have knowledge of the facts set forth within the Complaint. Include the facts that each person has knowledge of and the source of that knowledge. Were any repairs, improvements, modifications or replacements made to the roof at the Property prior to September 10, 2017? Additionally, please also state: a. Who made any such repairs, improvements, modifications or replacements;b. When such repairs, improvements, modifications or replacements were made; c. The reason for any repairs, improvements, modifications or replacements made to the plumbing system prior to September 10, 2017; and d. The costs of such repairs, improvements, modifications or replacements. 14. Please describe in detail the nature of any repair(s), renovations, or construction to the Property from the date of purchase to the present time (including but not limited to repairs, renovations, or construction on the roof). Additionally, please identify the name(s) and current address(es) of the individual(s) and entity(ies) who participated in such repairs, renovations, or construction, or whom you have retained to conduct such repairs, renovations or construction. 15. Do any individual(s) and/or entity(ies), other than yourself, have an ownership interest in the Property? If so, please provide each person or entity’s name, address and telephone number, as well as, the nature and scope of each person or entity's ownership interest, when that interest was acquired or obtained, and your relationship to each person or entity holding such ownership interest. 16. Please state in detail, and with specificity, each and every condition precedent that you claim was waived prior to filing this lawsuit. For each condition you are claiming was waived, please cite the specific language in the policy and set forth the facts that support your contention that the condition precedent was waived, when the waiver occurred, in what manner the waiver of the condition was conveyed and by whom at Citizens.17. Please describe with specificity any losses to the Property (including but not limited to: loss to the roof throughout the Property) that occurred before and after September 10, 2017, including the cause of such damages and who made such a determination. Additionally, please state the name(s) and current address(es) of any individual(s) and entity(ies) who participated in the repair or whom you have retained to repair or replace any of the damages you identified. 18. Please provide the name of the current mortgage holder(s) or lien holder(s) for the Property. Please also state whether you currently pay/owe any monthly mortgage payment(s). If there are any liens on the insured property, provide the amount of said lien(s) and the names of all persons or entities holding such liens. 19. Describe with specificity any additional living expenses that you allege you incurred as a result of the subject loss to the Property. 20. Were any repairs, improvements, modifications or replacements made to the Property as the result of any prior homeowner insurance claims? Additionally, please also state: a. Who made any such repairs, improvements, modifications or replacements; b. When such repairs, improvements, modifications or replacements were made; c. What parts of the home were repaired, improved, modified or replaced; and d. The costs of such repairs, improvements, modifications or replacements. 21. Describe with specificity any personal property damage that you allege you incurred as a22. result of the subject loss to the Property including the amount of damage, the original date of purchase, the amount the property was purchased, etc. Was a claim made to your flood insurance carrier for damages sustained at the property on September 10, 2017? If so, please indicate: a. the name of the carrier, b. what areas of the property were allegedly damaged due to flooding, c. whether the flood insurance carrier inspected the property, and d. whether payment was issued by the flood insurance carrier and the amount of payment.Filing #104030296 20-9562 MRP/fib IN THE CIRCUIT COURT OF THE 17” JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04) (Judge Sandra Perlman) Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S FIRST REQUEST FOR PRODUCTION COMES NOW the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (hereinafter “Citizens”), a Florida Governmental Entity, by and through its undersigned and requests Plaintiffs, to produce the following documents for inspection and/or copying within thirty (30) days of receipt of this request at the office specified below, in accordance with the Florida Rules of Civil Procedure. 1. All estimates, proposals, contracts, permits, invoices, receipts, work orders, payment applications, checks, drafts, ledgers, budgets, notes, memoranda, and any and all other documents regarding all repair and/or maintenance and/or improvement of the areas of damage complained of, that allegedly resulted from the loss at issue in this lawsuit. 2. Complete copies of all contracts with all public adjusters who have assisted you in any manner with the claim that is now the subject of the current lawsuit, as well as correspondence exchanged between you and your public adjuster, any estimates prepared by your public adjuster and all photographs taken by your public adjuster.Jimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) 3. Complete copies of all contracts with all water mitigation companies or any company who have assisted you in any manner with the claim that is now the subject of the current lawsuit, as well as correspondence exchanged between you and this water mitigation company, any estimates, invoices, and photographs taken by this water mitigation company. 4. All photographs or other pictorial representations of all items claimed lost or damaged as a result of the loss at issue in this lawsuit, including all photographs and/or other pictorial representation of the areas in and around the property at the time of, before and after the loss. 5. Any and all documents, including all correspondence and/or written communication from the Plaintiff or his/her agents to CITIZENS and/or CITIZENS’ agents, pertaining to the loss/claim at issue in this lawsuit. 6. Any and all documents, including all correspondence and/or written communication, from CITIZENS and/or CITIZENS’ agents to the Plaintiff and/or his/her agents pertaining to the loss at issue in this litigation. 7. Any and all reports of any and all experts, contractors, engineers, inspectors, tile companies, laboratories, water mitigation companies, testing companies, maintenance and/or repair companies and/or individuals or the like who inspected or tested the Property and the damages that allegedly resulted from the loss at issue, including but not limited to, any and all notes, field notes, photographs, videos, diagrams, drawings, sketches, memoranda, calculations, plans, protocols, estimates, proposals, invoices, dry logs, background information, correspondence, e-mail or any other documents concerning the loss at the Property or any part thereof, and the alleged resulting damages and/or repairs. 8. All policies of insurance, whether in your name or any other name, for the loss location, along with all correspondence, applications, memoranda or other documents relating toJimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) the policies of insurance from the time of purchase of the Property to the present. 9. All documents relating to any prior losses sustained at the Property including, but not limited to, photographs, videos of damages, inventories of damaged property, estimates for repair, correspondence with insurer, correspondence with public adjusters, payments from any insurer, contracts for repairs, proof of repairs, invoices for repairs, warranties for said repairs, and all records for payments for repairs, such as receipts and canceled checks, from the date of purchase of the Property to the present. 10. Copies of any and all appraisals of the Property within the past seven (7) years. 11. A complete permit history, as well as any and all documents relating to all building permits/plumbing permits applied for and/or received for the repair of the damages at the Property as a result of the loss at issue in this litigation. 12. A complete permit history, as well as any and all documents relating to all building permits/plumbing permits applied for and/or received for any repairs, renovations, or construction on the Property since the purchase of the Property. 13. A complete list of all items of personal property claimed to have been damaged as a result of the subject loss, along with the dates the items were purchased and documentation of ownership. 14. All records, receipts, invoices, purchase orders, contracts, bills, payment slips, checks, credit card slips or other writings relating to the existence, sale purchase, use, repair or replacement of each and every item claimed lost or damaged as a result of the subject loss. 15. All records, receipts, invoices, purchase orders, contracts, bills, payment slips, checks, credit card slips or other writings relating to the existence, sale, purchase, use, repair or replacement of any part or section of the Property from the date of purchase through the present date.Jimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) 16. All records pertaining to the purchase of the Property including, but not limited to, the sales contract, the closing statement, all inspection reports, all disclosure statements, and all appraisals. 17. All documents and/or information relating to any litigation or lawsuit involving the Property during the last five years, including foreclosure actions, including the style of the case, the names of all parties, the names of attorneys for all parties, the case number, the court and division in which each case is pending, judgments and satisfaction of judgments. 18. Any and all documentation reflecting when you first provided notice of the subject loss to CITIZENS and/or CITIZENS’ agents. 19. Any and all documentation reflecting when you first noticed the damages which are the subject of this lawsuit. 20. All records or documents reflecting the maintenance, repair, renovations, remodeling or other improvements made to the subject property and roof from the date of purchase of the Property to the present, including, but not limited to, estimates, contracts, receipts, cancelled checks, bills, invoices and permits pulled to make such repairs. 21. All records or documents reflecting the maintenance, repair, renovations, remodeling or other improvements made to the roof of the home from the date of purchase of the Property to the present, including, but not limited to, estimates, contracts, receipts, cancelled checks, bills, invoices and permits pulled to make such repairs. 22. All records or documents reflecting the maintenance, repair, renovations, remodeling or other improvements made to the roof at subject property from the date of purchase of the Property to the present, including, but not limited to, estimates, contracts, receipts, cancelled checks, bills, invoices and permits pulled to make such repairs. 23. Each and every estimate prepared on your behalf reflecting the costs to repair anyJimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) alleged damages to the Property that are at issue in this litigation. 24. All documentation relating to all losses/damages to the Property from the date of purchase of the Property to the present, including, but not limited to photographs, videos of damages, inventories of the damaged property, estimates for repairs, correspondence with insurers, correspondence with public adjusters, contracts for repairs, proof of repairs, invoices for repairs, and all records of payment for repairs such as receipts and cancelled checks. 25. All documentation regarding claims made prior to and/or after September 10, 2017 for any type of loss, under any insurance policy, indicating the name of the insurer, the policy number and coverages in effect at the time, a list of all items claimed lost or damaged, any and all related estimates, invoices, correspondence, memoranda, releases, proofs of loss, receipts or other documents relating to such claims. 26. All documentation relating to any prior homeowners insurance claims, including, but not limited to photographs, videos of damages, inventories of the damaged property, estimates for repairs, correspondence with insurers, correspondence with public adjusters, contracts for repairs, proof of repairs, invoices for repairs, and all records of payment for repairs such as receipts and cancelled checks. 27. All documentation reflecting additional living expenses incurred as a result of the subject loss, including, but not limited to, receipts, bank statements, invoices, correspondence, memoranda, and notes. 28. — Any and all documentation relating to the roof of the subject property including, but not limited to invoices, cancelled checks, receipts, records for payment, proof of repairs, correspondence, photographs, and contracts for repairs. 29. Any and all documentation relating to the replacement of roof either prior to the alleged loss or after at the subject property including, but not limited to invoices, cancelledJimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) checks, receipts, records for payment, proof of repairs, correspondence, photographs, and contracts for repairs. 30. All documentation reflecting the mortgagee on the Property at the time of the loss, and if different from what is listed on the declarations page of the subject policy, copies of the documentation satisfying the mortgage listed on the policy and documentation showing the current mortgagee, including but not limited to, mortgage deeds, satisfactions of mortgage, assignment of mortgage, current mortgage statements, and/or pay off letters. 31. Any and all documents in support of any of your responses to CITIZENS’ Interrogatories. 32. If you made a claim to your flood insurance carrier, please provide any and all documentation submitted to the flood insurer including, but not limited to, correspondence and estimates for damages. Furthermore, please provide any documents provided to you by the flood insurer including, but not limited to, correspondence, estimates, coverage determinations, and copies of payments received. I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been sent by e-mail on this the 27 day of February, 2020, to Daniel Cruz, Esq., The Diener Firm, P.A., Attorneys for Plaintiff, — service@dienerfirm.com, —_daniel@dienerfirm.com, alissa@dienerfirm.com. BRONSTEIN & CARMONA, P.A. Attomeys for Defendant 8000 Peters Road, Suite A-200 Fort Lauderdale, FL 33324 (954) 358-0444 — Phone (954) 358-0445 — Fax service@bronstein-carmona.com By: /s/ Michael R. Podolsky Florida Bar No: 105484JURAT PAGES STATE OF FLORIDA ) ) Ss. COUNTY OF ) Sworn to and subscribed before me by means of 1) physical presence or 0 online notarization, this day of 2020 by , who, having been by me first duly sworn, deposed and stated that the attached answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. Notary Public, State of Florida Printed Name of Notary Personally Known OR Produced Identification Type of Identification Produced SEALFrom: Isabela Mendonca To: erik@dienerfirm.com; service@dienerfirm.com; alissa@dienerfirm.com Subject: Our File #20-9562; Jimmy Amaya and Amelis Ramos v. Citizens Property Insurance Corporation; CACE 19- 021027 (04) Date: Wednesday, July 08, 2020 10:26:01 AM First Request Good Morning: Regarding case number CACE 19-021027 (04), your office filed a Motion for Extension of Time to Respond to Discovery back on March 12, 2020. Kindly provide a proposed Agreed Order on same. Additionally, we'd like to set Defendant's Motion to Dismiss for hearing on one of the following dates: 7/30 @8:45 Thru 9:30am 8/3-8/6 @8:45 Thru 9:30am 8/10-8/13 @8:45 Thru 9:30am | look forward to hearing from you. Isabela Mendonca Legal Assistant to Michael R. Podolsky, Esq. BRONSTEIN B CARMONA Bronstein & Carmona, P.A. 8000 Peters Road, Suite A-200 Fort Lauderdale, FL 33324 (954) 358-0444 email: imendonca@bronstein-carmona.com court service: service@bronstein-carmona.com EXHIBIT "B"From: Isabela Mendonca To: alissa@dienerfirm.com; daniel@dienerfirm.com Subject: FW: Our File #20-9562; Jimmy Amaya and Amelis Ramos v. Citizens Property Insurance Corporation; CACE 19- 021027 (04) Date: Thursday, July 09, 2020 12:57:41 PM Attachments: ao-plf met disc.docx 2nd Request Good Morning, Regarding case number CACE 19-021027 (04), | am following up on my email below on Plaintiffs Motion for Extension of Time to Respond to Discovery, filed on 3/12/20. | am attaching a proposed Agreed Order providing a 7-day extension, as it's been 4 Months since the Motion was filed. Kindly review and provide your approval. | look forward to hearing from you. Isabela Mendonca Legal Assistant to Michael R. Podolsky, Esq. BRONSTEIN B CARMONA Bronstein & Carmona, P.A. 8000 Peters Road, Suite A-200 Fort Lauderdale, FL 33324 (954) 358-0444 email: i in- court service: service@bronstein-carmona.com From: Isabela Mendonca Sent: Wednesday, July 08, 2020 10:42 AM To: erik@dienerfirm.com; service@dienerfirm.com; alissa@dienerfirm.com Subject: Our File #20-9562; Jimmy Amaya and Amelis Ramos v. Citizens Property Insurance Corporation; CACE 19-021027 (04) First Request Good Morning: Regarding case number CACE 19-021027 (04), your office filed a Motion for Extension of Time to Respond to Discovery back on March 12, 2020. Kindly provide a proposed Agreed Order on same. EXHIBIT "C"Additionally, we'd like to set Defendant's Motion to Dismiss for hearing on one of the following dates: 7/130 @8:45 Thru 9:30am 8/3-8/6 @8:45 Thru 9:30am 8/10-8/13 @8:45 Thru 9:30am | look forward to hearing from you. Isabela Mendonca Legal Assistant to Michael R. Podolsky, Esq. BRONSTEIN B CARMONA Bronstein & Carmona, P.A. 8000 Peters Road, Suite A-200 Fort Lauderdale, FL 33324 (954) 358-0444 email: i in- court service: service@bronstein-carmona.comFrom: Isabela Mendonca To: alissa@dienerfirm.com; daniel@dienerfirm.com Subject: Our File 20-9562; Amaya, Jimmy and Ramos, Amelis v. Citizens; CACE 19-021027 (04) Date: Wednesday, July 15, 2020 9:15:28 AM Attachments: 7.15.20 ao-plf met disc.docx 3rd_and Final Request Good Morning, As previously requested, Plaintiff's Answers to Interrogatories and Response to Request for Production were due on or before 3/30/20. Your office filed a Motion for Extension of Time on 3/12/20, however to date has not responded to our request for a proposed order. lam attaching a proposed Agreed Order providing a 7-day extension, as it's been 4 Months since the Motion was filed. Kindly review and provide your approval. Please review and advise by the end of the day today, otherwise our office will seek the Courts’ assistance. Best Regards Isabela Mendonca Legal Assistant to Michael R. Podolsky, Esq. BRONSTEIN B CARMONA Bronstein & Carmona, P.A. 8000 Peters Road, Suite A-200 Fort Lauderdale, FL 33324 (954) 358-0444 email: imendonca@pbronstein-carmona.com court service: service@bronstein-carmona.com EXHIBIT "D"