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Filing # 127455897 E-Filed 05/25/2021 09:51:25 AM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
ELIZABETH DUARTE, Case No.: 2021CA004504XXXXMB
Plaintiff, Claim No.: 001-00-224257
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
DEFENDANT’S MOTION TO ABATE DISCOVERY
COMES NOW Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by
and through undersigned counsel, files this Motion to Abate Discovery regarding Plaintiff's
written discovery requests as well as any requests for deposition, in support thereof, and states
the following:
1. This is an action by the Plaintiff to recover damages under a homeowner’s policy
between Defendant and the named insureds.
2. On April 6, 2021, Plaintiff served discovery with its Summons and Complaint.
3. On May 12, 2021, Defendant filed a Motion to Dismiss Plaintiff's Complaint.
4. Defendant’s Responses to Plaintiff's Request to Produce and Interrogatories
would otherwise be due on or about May 28, 2021, which is forty-five (45) days after service of
the Summons and Complaint.
5. Defendant respectfully request that this Honorable Court grant the instant motion
and enter an order to abate all outstanding discovery, as well as relieving Defendant from any
obligation to respond to deposition requests and additional written discovery requests served by
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 05/25/2021 09:51:25 AM ***Plaintiff, on the basis that said discovery is not relevant to the resolution of the instant lawsuit at
this time.
6. Fla. R. Civ. P. 1.280(c) specifically states, “[u]pon motion by a party or by the
person for whom discovery is sought, and for good cause shown, the court in which the action is
pending may make any order to protect a party or person from annoyance, embarrassment,
oppression, or undue burden or expense that justice requires . . . .”
7. Moreover, Florida case law holds that, when discovery is irrelevant to the subject
matter of the pending action, it is appropriate to grant a motion to quash and motion for
protective order. See Leonhardt v. Cannack, 327 So. 2d 848 (Fla. 4th DCA 1976).
8. Furthermore, the Florida Supreme Court has held that “[d]iscovery in civil cases
must be relevant to the subject matter of the case and must be admissible or reasonably
calculated to lead to admissible evidence.” Allstate Ins. Co. v. Langston, 655 So. 2d 91, 94 (Fla.
1995); see also Oil Conservationists v. Gilbert, 471 So. 2d 650, 654 (Fla. 4th DCA 1985)
(“[O]nly matters relevant to the subject matter of the litigation are discoverable.”).
9. Gilbert further defined relevancy, as it relates to the subject matter for discovery,
as a matter that “tends to establish a fact in controversy or to render a proposition in issue more
or less probable.” Id., 471 So. 2d at 654.
10. If the Court denies Defendant’s Motion to Abate, Defendant would request this
Honorable Court grant additional time for Defendant to adequately respond to the outstanding
discovery requested by Plaintiff.
11. This Motion is not dilatory in nature and there will be no prejudice to Plaintiff in
the granting of this Motion.
Page 2 of 3
Case No. 2021CA004504XXXXMB12. Fla. R. Civ. P. 1.090(b) allows this Court to extend the time within which to
respond to Plaintiff's outstanding discovery.
13. Defendant reserves its right to object to any of Plaintiff's discovery based upon
work product, attorney-client or other applicable privilege, protection or immunity from
discovery and specifically reserves its right to subsequently raise same.
WHEREFORE, based upon the foregoing, Defendant, CITIZENS PROPERTY
INSURANCE CORPORATION, respectfully request this Honorable Court grant the instant
Motion and enter an order to abate discovery based on the Motion to Dismiss filed, and granting
any other relief deemed just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
E-Mail this 25" day of May 2021 to the following:
John S. Bernstein, Esq.
Bernstein/Polsky
95 S. Federal Hwy., Suite 200
Boca Raton, Florida 33432 at:
service@bpinjury.com
jennifer@bpinjury.com
ROIG LAWYERS
44 W. Flagler Street, Suite 2100
Miami, FL 33130
(305) 873-6030 / (305) 405-1022 Fax
Pleadings@RoigLawyers.com
By: 46/ Shawntozi Y. Campbell
SHAWNTOZI Y. CAMPBELL, ESQ.
Florida Bar No. 1004416
Page 3 of 3
Case No. 2021CA004504XXXXMB
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Filing # 127455897 E-Filed 05/25/2021 09:51:25 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ELIZABETH DUARTE, Case No.: 2021CA004504XXXXMB Plaintiff, Claim No.: 001-00-224257 vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. DEFENDANT’S MOTION TO ABATE DISCOVERY COMES NOW Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through undersigned counsel, files this Motion to Abate Discovery regarding Plaintiff's written discovery requests as well as any requests for deposition, in support thereof, and states the following: 1. This is an action by the Plaintiff to recover damages under a homeowner’s policy between Defendant and the named insureds. 2. On April 6, 2021, Plaintiff served discovery with its Summons and Complaint. 3. On May 12, 2021, Defendant filed a Motion to Dismiss Plaintiff's Complaint. 4. Defendant’s Responses to Plaintiff's Request to Produce and Interrogatories would otherwise be due on or about May 28, 2021, which is forty-five (45) days after service of the Summons and Complaint. 5. Defendant respectfully request that this Honorable Court grant the instant motion and enter an order to abate all outstanding discovery, as well as relieving Defendant from any obligation to respond to deposition requests and additional written discovery requests served by '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 05/25/2021 09:51:25 AM ***Plaintiff, on the basis that said discovery is not relevant to the resolution of the instant lawsuit at this time. 6. Fla. R. Civ. P. 1.280(c) specifically states, “[u]pon motion by a party or by the person for whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense that justice requires . . . .” 7. Moreover, Florida case law holds that, when discovery is irrelevant to the subject matter of the pending action, it is appropriate to grant a motion to quash and motion for protective order. See Leonhardt v. Cannack, 327 So. 2d 848 (Fla. 4th DCA 1976). 8. Furthermore, the Florida Supreme Court has held that “[d]iscovery in civil cases must be relevant to the subject matter of the case and must be admissible or reasonably calculated to lead to admissible evidence.” Allstate Ins. Co. v. Langston, 655 So. 2d 91, 94 (Fla. 1995); see also Oil Conservationists v. Gilbert, 471 So. 2d 650, 654 (Fla. 4th DCA 1985) (“[O]nly matters relevant to the subject matter of the litigation are discoverable.”). 9. Gilbert further defined relevancy, as it relates to the subject matter for discovery, as a matter that “tends to establish a fact in controversy or to render a proposition in issue more or less probable.” Id., 471 So. 2d at 654. 10. If the Court denies Defendant’s Motion to Abate, Defendant would request this Honorable Court grant additional time for Defendant to adequately respond to the outstanding discovery requested by Plaintiff. 11. This Motion is not dilatory in nature and there will be no prejudice to Plaintiff in the granting of this Motion. Page 2 of 3 Case No. 2021CA004504XXXXMB12. Fla. R. Civ. P. 1.090(b) allows this Court to extend the time within which to respond to Plaintiff's outstanding discovery. 13. Defendant reserves its right to object to any of Plaintiff's discovery based upon work product, attorney-client or other applicable privilege, protection or immunity from discovery and specifically reserves its right to subsequently raise same. WHEREFORE, based upon the foregoing, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, respectfully request this Honorable Court grant the instant Motion and enter an order to abate discovery based on the Motion to Dismiss filed, and granting any other relief deemed just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E-Mail this 25" day of May 2021 to the following: John S. Bernstein, Esq. Bernstein/Polsky 95 S. Federal Hwy., Suite 200 Boca Raton, Florida 33432 at: service@bpinjury.com jennifer@bpinjury.com ROIG LAWYERS 44 W. Flagler Street, Suite 2100 Miami, FL 33130 (305) 873-6030 / (305) 405-1022 Fax Pleadings@RoigLawyers.com By: 46/ Shawntozi Y. Campbell SHAWNTOZI Y. CAMPBELL, ESQ. Florida Bar No. 1004416 Page 3 of 3 Case No. 2021CA004504XXXXMB