Preview
Filing # 106339833 E-Filed 04/16/2020 02:20:38 PM
IN THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
JOHN HUGHES, III, as receiver of
FLICKER CONSTRUCTION, INC., CASE NO. 2019-CA-003916
Plaintiff,
vs.
ROMAN FLICKER and MID-CONTINENT
CASUALTY COMPANY,
Defendants.
_____________________________________/
PLAINTIFF’S RESPONSE TO DEFENDANT’S,
MID-CONTINENT CASUALTY COMPANY, REQUEST FOR ADMISSIONS
Plaintiff, JOHN HUGHES, III, as receiver of FLICKER CONSTRUCTION, INC.,
hereby responds to Defendant’s, MID-CONTINENT CASUALTY COMPANY, Request for
Admissions, served on March 18, 2020, as follows:
1. Admit that the Judgment is the only outstanding debt owed by Flicker Construction,
Inc.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
2. Admit that Manuel Perea is the only creditor of Flicker Construction, Inc.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
3. Admit that the Judgment is the only outstanding balance owed by Flicker
Construction, Inc.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
4. Admit that Flicker Construction, Inc. has not received a bill from any entity from
2010 through the present which remains unpaid.
1
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
5. Admit that Flicker Construction, Inc. has no unpaid taxes, unpaid employment
expenses or any other unpaid expenses attributed to Flicker Construction from 2010 through the
present.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
6. Admit that Flicker Construction, Inc. has not received any demands for payment due
to an unpaid sum of money owed by Flicker Construction, Inc.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
7. Admit that there are no UCC filings against the assets of Flicker Construction, Inc.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
8. Admit that Flicker Construction, Inc. is not a party to any unpaid promissory note.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
9. Admit that Flicker Construction, Inc. is not a guarantor of any unpaid debts.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence and calls for a legal conclusion.
10. Admit that Flicker Construction, Inc. does not owe money to any entity other than
the parties to the Judgment.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
11. Admit that Flicker Construction, Inc. has not filed bankruptcy in the last eight years.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
12. Admit that Flicker Construction, Inc. is not a party to any unpaid loan documents.
2
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
13. Admit that the Receiver’s compensation is expected to be paid from amounts paid
by MCC, is any such amount is paid by MCC.
RESPONSE: Objection; this request for admission is not reasonably calculated to lead
to the discovery of admissible evidence.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
e-mail to Edward T. Sylvester, ESylvester@hinshawlaw.com, mislacalleiro@hinshawlaw.com,
Siobhan E.P. Grant, SGrant@hinshawlaw.com, LLeon@hinshsawlaw.com, Hinshaw &
Culbertson LLP, 2525 Ponce de Leon Blvd., 4th Floor, Coral Gables, FL 33134, on this 16th day of
April, 2020.
/s/ Brent Steinberg
BRANDON G. CATHEY
Florida Bar No.: 941891
BRENT G. STEINBERG
Florida Bar No.: 0085453
SWOPE, RODANTE P.A.
1234 E. 5th Ave., Tampa, Florida 33605
Tel: (813) 273-0017
Fax: (813) 223-3678
Team2eservice@swopelaw.com
eservice@swopelaw.com
Attorneys for Plaintiff
3
Preview
Filing # 106339833 E-Filed 04/16/2020 02:20:38 PM IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JOHN HUGHES, III, as receiver of FLICKER CONSTRUCTION, INC., CASE NO. 2019-CA-003916 Plaintiff, vs. ROMAN FLICKER and MID-CONTINENT CASUALTY COMPANY, Defendants. _____________________________________/ PLAINTIFF’S RESPONSE TO DEFENDANT’S, MID-CONTINENT CASUALTY COMPANY, REQUEST FOR ADMISSIONS Plaintiff, JOHN HUGHES, III, as receiver of FLICKER CONSTRUCTION, INC., hereby responds to Defendant’s, MID-CONTINENT CASUALTY COMPANY, Request for Admissions, served on March 18, 2020, as follows: 1. Admit that the Judgment is the only outstanding debt owed by Flicker Construction, Inc. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 2. Admit that Manuel Perea is the only creditor of Flicker Construction, Inc. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 3. Admit that the Judgment is the only outstanding balance owed by Flicker Construction, Inc. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 4. Admit that Flicker Construction, Inc. has not received a bill from any entity from 2010 through the present which remains unpaid. 1 RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 5. Admit that Flicker Construction, Inc. has no unpaid taxes, unpaid employment expenses or any other unpaid expenses attributed to Flicker Construction from 2010 through the present. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 6. Admit that Flicker Construction, Inc. has not received any demands for payment due to an unpaid sum of money owed by Flicker Construction, Inc. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 7. Admit that there are no UCC filings against the assets of Flicker Construction, Inc. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 8. Admit that Flicker Construction, Inc. is not a party to any unpaid promissory note. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 9. Admit that Flicker Construction, Inc. is not a guarantor of any unpaid debts. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence and calls for a legal conclusion. 10. Admit that Flicker Construction, Inc. does not owe money to any entity other than the parties to the Judgment. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 11. Admit that Flicker Construction, Inc. has not filed bankruptcy in the last eight years. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 12. Admit that Flicker Construction, Inc. is not a party to any unpaid loan documents. 2 RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. 13. Admit that the Receiver’s compensation is expected to be paid from amounts paid by MCC, is any such amount is paid by MCC. RESPONSE: Objection; this request for admission is not reasonably calculated to lead to the discovery of admissible evidence. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-mail to Edward T. Sylvester, ESylvester@hinshawlaw.com, mislacalleiro@hinshawlaw.com, Siobhan E.P. Grant, SGrant@hinshawlaw.com, LLeon@hinshsawlaw.com, Hinshaw & Culbertson LLP, 2525 Ponce de Leon Blvd., 4th Floor, Coral Gables, FL 33134, on this 16th day of April, 2020. /s/ Brent Steinberg BRANDON G. CATHEY Florida Bar No.: 941891 BRENT G. STEINBERG Florida Bar No.: 0085453 SWOPE, RODANTE P.A. 1234 E. 5th Ave., Tampa, Florida 33605 Tel: (813) 273-0017 Fax: (813) 223-3678 Team2eservice@swopelaw.com eservice@swopelaw.com Attorneys for Plaintiff 3