Motion,Ex Parte: HERNAN LOPEZ ET AL VS WESTON INSURANCE COMPANY

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                                Filing # 148038782 E-Filed 04/20/2022 01:01:53 PM


                  146448                                                         IN THE CIRCUIT COURT OF THE 11th
                                                                                 JUDICIAL CIRCUIT IN AND FOR
                                                                                 MIAMI-DADE COUNTY, FLORIDA

                                                                                 CASE NO.: 2021-020616-CA-01

                  HERNAN LOPEZ and IBETTY LOPEZ,

                           Plaintiffs,

                  vs.

                  WESTON PROPERTY & CASUALTY
                  INSURANCE COMPANY (F/K/A WESTON
                  INSURANCE COMPANY),

                           Defendant.
                  _______________________________/

                   DEFENDANT’S MOTION TO COMPEL PLAINTIFFS’ RESPONSES TO DISCOVERY


                           COMES NOW the Defendant, WESTON PROPERTY & CASUALTY INSURANCE

                  COMPANY, by and through the undersigned counsel, and hereby moves this Court to enter an

                  order compelling the Plaintiffs, HERNAN LOPEZ and IBETTY LOPEZ to respond to First Set

                  of Interrogatories and First Request for Production propounded to Plaintiffs on February 28,

                  2022 and as grounds therefore states as follows:


                           1.       That no objection to the aforementioned discovery requests were filed nor was an

                  extension of time in which to respond obtained.


                           2.       That the Defendant’s counsel sent correspondence to Plaintiffs’ counsel on March

                  31, 2022 giving an additional seven (7) days to provide the outstanding responses to discovery..

                  (See correspondence attached as Defendant’s Exhibit A).


                           3.       To date, the Plaintiffs have failed to respond to First Set of Interrogatories and

                  First Request for Production, although they seek relevant, material information on issues raised
                  by the pleadings, are reasonably calculated to lead to the discovery of admissible evidence and

                  are in complete conformity with the applicable rules.


                           WHEREFORE, Defendant moves the Court to enter an Order compelling the Plaintiffs

                  to respond to the foregoing discovery requests.


                                                         CERTIFICATE OF SERVICE

                           WE HEREBY CERTIFY that a true and correct copy of the foregoing was submitted via
                  eService       this    20th      day      of    April,      2022,      to    Beatriz      Benitez,       Esq.,     at
                  service10@vargasgonzalez.com and BBenitez@vargasgonzalez.com .

                                                                                 Kubicki Draper
                                                                                 9100 S. Dadeland Blvd., 18th Floor
                                                                                 Miami, Florida 33156
                                                                                 Direct Line: (305) 982-6735
                                                                                 SRG-eservice@KubickiDraper.com
                                                                                 (for pleadings only)
                                                                                  SRG@kubickidraper.com
                                                                                 (for all other correspondence)

                                                                                 BY: /s/ __Sarah Goldberg___________
                                                                                 SARAH GOLDBERG, ESQ.
                                                                                 Florida Bar No. 92085
                    From:              Stephanie Calcagno
                    To:                Service10@VargasGonzalez.com; bbenitez@vargasgonzalez.com
                    Subject:           Hernan & Ibetty Lopez v. Weston Ins. Co. - Case #2021-020616 CA 01
                    Date:              Thursday, March 31, 2022 12:36:29 PM



                    Dear Counsel:

                    This correspondence is to bring to your attention that we have not received Plaintiffs’
                    responses to our First Set of Interrogatories & First Request for Production dated February
                    28, 2022.

                    Please provide the outstanding responses within the next seven (7) days to avoid the
                    necessity of filing any future Motion with the Court.

                    If you should have any questions, please do not hesitate to contact me at any time.

                    Thank you,
                    Stephanie Calcagno




                                                                       Exhibit A