Party Discovery: Neil Espendez Plaintiff vs. Universal Property and Casualty Insurance Company Defendant

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                                Filing# 148043680 E-Filed 04/20/2022 01:38:00                        PM


                                                                            IN   THE CIRCUIT COURT OF THE           17TH
                                                                            JUDICIALCIRCUIT IN AND FOR
                                                                            BROWARD COUNTY, FLORIDA
        NEIL ESPENDEZ,                                                      CASE NO: CACE-21-011840

                   Plaintiff.



        VS.


        UNIVERSAL PROPERTY & CASUALTY
        INSURANCE COMPANY,

                   Defendant.
                                                                 i



         PLAINTIFF'S   MOTION TO COMPEL THE DEPOSITION OF DEFENDANT'S FIELD
               ADJUSTER AND MOTION TO EXTEND DISCOVERY DEADLINE FOR TRIAL

                   COMES NOW, the Plaintiff,NEIL ESPENDEZ, by and through his undersigned counsel

        and    files this   Motion to Compel the Deposition of the Defendant's Field Adjuster and Motion              to


        Extend Discovery Deadline for Trial and thereof states as follows:

         1.        The   Plaintiff first   requestedthe depositionofthe Defendant's Field Adjuster on September

         10,2021.

        2.         Since that   initial request, Plaintiff      has requested dates of availability
                                                                                                 to depose the      field



        adjusterat least 4 more times to which no response was received until April 13, 2022, only 16 days

        priorto the Discovery Deadline mandated by the Court's Uniform                   Trial Order.


        3          On    April 13, 2022       at   4:49   PM,   after   threatening Court intervention once again, the

        Defendant provided one date and time for                this    depositionto go forward priorto the deadline of

        April 29,2022, on which            Plaintiff's counsel is    not available.


        4.         Accordingly, as more discovery,includingthe depositionof Defendant's Field Adjuster,

        needs to be completed and the partiesare unlikelyto be able to complete                 all   necessary discovery




              *** FILED:    BROWARD COUNTY,          FL   BRENDA D. FORMAN, CLERK 04/20/2022 01:38:00 PM.****
by April 29,2022,     Plaintiff now   moves the Court to compel                       of Defendant's Field
                                                                         the deposition


Adjuster and extend the discovery deadline for this matter.


       WHEREFORE,                               requests the entry of an order
                           Plaintiff respectfully                                       compelling Defendant

to coordinate the   depositionof Defendant's Field Adjuster within five (5) days of this hearing,

requests that the Court extend the discovery deadline         by thirty(30) days, and     further requests   any

other relief the Court   deems necessary and proper.



                                   CERTIFICATE OF SERVICE

       I   HEREBY CERTIFY that a true and correct copy of the foregoinghas been furnished by
email and/or ePortal this 20th day of April,2022       to:   Omar   J.   Perez, Esq., Attorney for Defendant,

Universal Property    &   Casualty Insurance Company, upciceservice01@universalproperty.com;
                            and op1215@universalproperty.com.
gs0618@universalproperty.com;



                                        By--    /s/   Racheal O. Williams
                                                RACHEAL O. WILLIAMS, ESQ.
                                                Florida Bar No: 123966
                                                THE MINEO SALCEDO LAW FIRM, P.A.
                                                Attorneys for Plaintiff
                                                5600 Davie Road
                                                Davie,       FL 33314
                                                T: (954) 463-8100          /   F: (954) 463-8106


                                                RWilliams@mineolaw.com
                                                JillB@mineolaw.com