On August 19, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Terrie Cooper,
and
Cypress Property And Casualty Insurance Company,
for CONTRACT & DEBT
in the District Court of Palm Beach County.
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Filing # 134532495 E-Filed 09/14/2021 10:54:22 AM
40347
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO.: 502021CA009913XXXXMB
TERRIE COOPER,
Plaintiff,
v.
CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S MOTION TO STAY DISCOVERY PENDING
RULING ON DEFENDANT’S MOTION TO DISMISS
Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
(“CYPRESS”), by and through undersigned counsel, and requests this Court enter an order
staying discovery in this action pending resolution or ruling on Defendant’s pending Motion to
Dismiss Plaintiff's Complaint, and in support thereof would state as follows:
1, This is asserted as an action for breach of contract which involves an insurance
claim and is brought by Plaintiff.
2. Plaintiff served CYPRESS with initial discovery requests including Plaintiff's
Request for Admissions, Plaintiffs First Set of Interrogatories, and Plaintiff's Request for
Production with the Complaint (hereinafter “Discovery Requests”).
3. On September 9, 2021, CYPRESS timely filed a Motion to Dismiss the
Plaintiff's Complaint.
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/14/2021 10:54:22 AM ***4. Counsel for CYPRESS has not responded to the outstanding discovery at this
time, and is requesting that this Honorable Court will stay discovery as counsel does not want to
risk compromising the legal rights or defenses of the insurer by actively participating in
discovery on a claim that is believed to be pled incorrectly.
WHEREFORE, Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE
COMPANY, respectfully requests this Court enter an order staying any further discovery or any
obligation to respond to Plaintiff’s outstanding Discovery Requests and/or participate in any
depositions pending a ruling on the Motion to Dismiss Plaintiff's Complaint.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
to Grant Grimes, Esq. by electronic mail to pleadings@thepropertyadvocates.com and
team15@thepropertyadvocates.com; this 14'" day of September, 2021.
GROELLE & SALMON, P.
Attorneys for Defendant
11301 Okeechobee Blvd., Second Floor
West Palm Beach, FL 33411
(561) 963-5500 / Facsimile: (561) 963-2265
Primary Email: gswcourtdocs@gspalaw.com
Email: tgroelle@gspalaw.com
/s/ Tyler R. Groelle
By
TYLER R. GROELLE, ESQUIRE
Fla. Bar No.: 1015859
Document Filed Date
September 14, 2021
Case Filing Date
August 19, 2021
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Filing # 134532495 E-Filed 09/14/2021 10:54:22 AM 40347 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502021CA009913XXXXMB TERRIE COOPER, Plaintiff, v. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION TO STAY DISCOVERY PENDING RULING ON DEFENDANT’S MOTION TO DISMISS Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY (“CYPRESS”), by and through undersigned counsel, and requests this Court enter an order staying discovery in this action pending resolution or ruling on Defendant’s pending Motion to Dismiss Plaintiff's Complaint, and in support thereof would state as follows: 1, This is asserted as an action for breach of contract which involves an insurance claim and is brought by Plaintiff. 2. Plaintiff served CYPRESS with initial discovery requests including Plaintiff's Request for Admissions, Plaintiffs First Set of Interrogatories, and Plaintiff's Request for Production with the Complaint (hereinafter “Discovery Requests”). 3. On September 9, 2021, CYPRESS timely filed a Motion to Dismiss the Plaintiff's Complaint. '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/14/2021 10:54:22 AM ***4. Counsel for CYPRESS has not responded to the outstanding discovery at this time, and is requesting that this Honorable Court will stay discovery as counsel does not want to risk compromising the legal rights or defenses of the insurer by actively participating in discovery on a claim that is believed to be pled incorrectly. WHEREFORE, Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, respectfully requests this Court enter an order staying any further discovery or any obligation to respond to Plaintiff’s outstanding Discovery Requests and/or participate in any depositions pending a ruling on the Motion to Dismiss Plaintiff's Complaint. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Grant Grimes, Esq. by electronic mail to pleadings@thepropertyadvocates.com and team15@thepropertyadvocates.com; this 14'" day of September, 2021. GROELLE & SALMON, P. Attorneys for Defendant 11301 Okeechobee Blvd., Second Floor West Palm Beach, FL 33411 (561) 963-5500 / Facsimile: (561) 963-2265 Primary Email: gswcourtdocs@gspalaw.com Email: tgroelle@gspalaw.com /s/ Tyler R. Groelle By TYLER R. GROELLE, ESQUIRE Fla. Bar No.: 1015859