On October 21, 2020 a
Motion for Default Jgmt - Party: Plaintiff Rodriguez, Jose
was filed
involving a dispute between
Rodriguez, Jose,
and
Celtic Insurance Company,
for Contract and Indebtedness
in the District Court of Broward County.
Preview
Filing # 118701755 E-Filed 12/23/2020 03:42:00 PM
IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA.
JOSE RODRIGUEZ, Case No.: CACE-20-017538
Plaintiff,
vs.
CELTIC INSURANCE COMPANY
d/b/a AMBETTER FROM SUNSHINE HEALTH,
Defendant.
/
PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT
The Plaintiff, JOSE RODRIGUEZ (“Plaintiff”), by and through the undersigned counsel
and pursuant to Florida Rules of Civil Procedure 1.140, and 1.500 propound upon Defendant,
CELTIC INSURANCE COMPANY d/b/a AMBETTER FROM SUNSHINE HEALTH
(“Defendant”), Plaintiff's Motion for Default Judgment for Defendants’ Failure to timely answer
Plaintiffs’ Complaint.
1. This is an action for Breach of Contract arising for Defendant’s failure to pay for health
insurance benefits to Plaintiff.
2. The Summons and Complaint was served upon Defendant on or about October 26, 2020.
3. The Defendant was required to file a response to Plaintiff's Complaint within twenty (20) days
from the date of service.
4. Defendant was required to Answer the Complaint on or before November 16, 2020.
5. A Motion for Default was filed on November 20, 2020.
6. A default was entered against Defendant on November 23, 2020.
7. Defense counsel filed a Notice of Appearance on December 3, 2020.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/23/2020 03:41:59 PM.****8. As of the date of the filing of this Motion, the Defendant has failed to respond to the Complaint.
9. Pursuant to Florida Rule of Civil Procedure 1.500(e), the Court may enter a default judgment
against defaulted parties.
10. Based on the aforementioned, the Plaintiff requests this Honorable Court to enter an Order
granting Plaintiffs’ Motion for Default Judgment and granting entitlement to attorneys fees
pursuant to Section 627.428 of the Florida Statutes.
WHEREFORE, Plaintiffs ask this Honorable Court to enter and Order granting
Plaintiffs’ Motion for Default Judgment as Defendant failed to timely answer Plaintiff's
Complaint; award reasonable attomey’s fees associated in bringing this action; and for any other
relief this Honorable Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing was
served this 23rd day of December 2020 on Craig H. Smith, Esq., HOGAN LOVELLS US LLP,
600 Brickell Avenue, Suite 2700, Miami, FL 33131, craig.smith@hoganlovells.com;
gladys.cata@hoganlovells.com.
Respectfully submitted,
Your Insurance Attorney, PLLC
Health and Medicine Law Firm Division
2601 S. Bayshore Drive, 18th Floor
Miami, FL 33133
Ph: 305-444-5969
Service email: health@mellawyers.com
Attorney email:
msanti@yourinsuranceattorney.com
jnunez @yourinsuranceattorney.com
By: — /s/ Maria T. Santi
MARIA T. SANTI, ESQUIRE
Florida Bar No.: 117564
[4334457/1] 2
Document Filed Date
December 23, 2020
Case Filing Date
October 21, 2020
Category
Contract and Indebtedness
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Filing # 118701755 E-Filed 12/23/2020 03:42:00 PM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. JOSE RODRIGUEZ, Case No.: CACE-20-017538 Plaintiff, vs. CELTIC INSURANCE COMPANY d/b/a AMBETTER FROM SUNSHINE HEALTH, Defendant. / PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT The Plaintiff, JOSE RODRIGUEZ (“Plaintiff”), by and through the undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.140, and 1.500 propound upon Defendant, CELTIC INSURANCE COMPANY d/b/a AMBETTER FROM SUNSHINE HEALTH (“Defendant”), Plaintiff's Motion for Default Judgment for Defendants’ Failure to timely answer Plaintiffs’ Complaint. 1. This is an action for Breach of Contract arising for Defendant’s failure to pay for health insurance benefits to Plaintiff. 2. The Summons and Complaint was served upon Defendant on or about October 26, 2020. 3. The Defendant was required to file a response to Plaintiff's Complaint within twenty (20) days from the date of service. 4. Defendant was required to Answer the Complaint on or before November 16, 2020. 5. A Motion for Default was filed on November 20, 2020. 6. A default was entered against Defendant on November 23, 2020. 7. Defense counsel filed a Notice of Appearance on December 3, 2020. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/23/2020 03:41:59 PM.****8. As of the date of the filing of this Motion, the Defendant has failed to respond to the Complaint. 9. Pursuant to Florida Rule of Civil Procedure 1.500(e), the Court may enter a default judgment against defaulted parties. 10. Based on the aforementioned, the Plaintiff requests this Honorable Court to enter an Order granting Plaintiffs’ Motion for Default Judgment and granting entitlement to attorneys fees pursuant to Section 627.428 of the Florida Statutes. WHEREFORE, Plaintiffs ask this Honorable Court to enter and Order granting Plaintiffs’ Motion for Default Judgment as Defendant failed to timely answer Plaintiff's Complaint; award reasonable attomey’s fees associated in bringing this action; and for any other relief this Honorable Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing was served this 23rd day of December 2020 on Craig H. Smith, Esq., HOGAN LOVELLS US LLP, 600 Brickell Avenue, Suite 2700, Miami, FL 33131, craig.smith@hoganlovells.com; gladys.cata@hoganlovells.com. Respectfully submitted, Your Insurance Attorney, PLLC Health and Medicine Law Firm Division 2601 S. Bayshore Drive, 18th Floor Miami, FL 33133 Ph: 305-444-5969 Service email: health@mellawyers.com Attorney email: msanti@yourinsuranceattorney.com jnunez @yourinsuranceattorney.com By: — /s/ Maria T. Santi MARIA T. SANTI, ESQUIRE Florida Bar No.: 117564 [4334457/1] 2