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Filing # 101126301 E-Filed 01/04/2020 11:53:37 PM
IN THE CIRCUITCOURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN
AND FOR, COLLIER, FLORIDA
CASE NUMBER: 11-2019-CA-002013
Patricia and Frank Matteo
Plaintiff,
vs.
United Property & Casualty Insurance Company,
Defendant.
/
PLAINTIFF’S MOTION FOR CONTEMPT AND SANCTIONS
COMES NOW Plaintiff, Patricia and Frank Matteo, by and through the undersigned
counsel, and pursuant to Florida Rules of Civil Procedure 1.280 and 1.380, hereby files this
Motion for Contempt and Sanctions against Defendant, United Property & Casualty Insurance
Company, and as grounds therefore states:
1. On May 29, 2019, Plaintiff's First Set of Interrogatories, Request for Admissions
and Request to Produce were served on Defendant contemporaneously with Plaintiff's
Complaint.
2. On July 30, 2019 Defendant filed a Motion for Extension to Respond to Plaintiff's
Complaint and Discovery Requests, which was unopposed by Plaintiff.
3. On October 28, 2019 an agreed order was entered on Defendant’s Motion for
Extension of Time, pursuant to this order response to discovery requests were due on November
12, 2019.
4. On November 15, 2019 a second agreed order was entered on Defendant’s
Motion for Extension of Time, pursuant to this order responses to discovery requests were due
on November 22, 2019.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 01/06/2020 11:40:15 AM5. On November 22, 2019 Defendant filed its Second Motion for Extension to
Respond to Plaintiff's Complaint and Discovery Requests.
6. To date, more than 7 months later, Plaintiff has not been served with any
responses to the discovery requests.
7. Plaintiff is prejudiced in that it cannot adequately prepare its case without
Defendant’s discovery responses.
8. Plaintiff is prejudiced in that court ordered arbitration is to be conducted before
March 12, 2020.
9. Defendant has not requested to set its Second Motion for Extension of Time to
Response to Plaintiff's Complaint and Discovery Requests for hearing.
10. Defendant is in violation and in contempt of this Court’s November 15, 2019
order and sanctions are warranted since Plaintiff has expended considerable amount of time and
attorney’s fees and costs seeking Defendant’s compliance regarding overdue discovery.
11. Pursuant to Fla.R.Civ.P. 1.380, the Defendant’s pleadings should be struck and
the Plaintiffs should be awarded attorney’s fees and costs. Florida Rules of Civil Procedure,
Rule 1.380(d) states:
“If a party ... designated under rule 1.310(b)(6) or 1.320(a) to
testify on behalf of a party fails ... (2) to serve answers or
objections to interrogatories submitted under rule 1.340 after
proper service of the interrogatories, or (3) to serve a written
response to a request for inspection submitted under rule 1.350
after proper service of the request, the court in which the action is
pending may take any action authorized under paragraphs (A), (B),
and (C) of subdivision (b)(2) of this rule. Any motion specifying a
failure under clause (2) or (3) of this subdivision shall include a
certification that the movant, in good faith, has conferred or
attempted to confer with the party failing to answer or respond in
an effort to obtain such answer or response without court action.
Instead of any order or in addition to it, the court shall require the
party failing to act to pay the reasonable expenses caused by the
2failure, which may include attorneys' fees, unless the court finds
that the failure was justified or that other circumstances make an
award of expenses unjust. The failure to act described in this
subdivision may not be excused on the ground that the discovery
sought is objectionable unless the party failing to act has applied
for a protective order as provided by rule 1.280(c).”
WHEREFORE, Plaintiff, Patricia and Frank Matteo, respectfully requests this
Honorable Court to enter an Order for contempt and sanctions against Defendant for violating
this Court’s November 15, 2019 Order, finding Defendant in contempt for failure to provide the
discovery within as ordered by this Court and continuing to delay litigation, award attorney’s
fees and costs to Plaintiff due to Defendant’s non-compliance and for necessity of this action;
and for any such other and further relief this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing has been furnished via the Florida Courts E-
Filing Portal to: Jeffrey Wank, Esq., this 4th day of January, 2020.
/s/ Gregory N. Greenberg
COHEN LAW GROUP, P.A.
Gregory N. Greenberg, Esq.,
FOR THE FIRM
Florida Bar No. 95978
350 N. Lake Destiny Road
Maitland, FL 32751
Primary: GGreenberg@ItsAboutJustice.law
Secondary: Rachael@ItsAboutJustice.law
Telephone: (407) 478-4878
Facsimile: (407) 478-0204
Attorney for Plaintiff
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Filing # 101126301 E-Filed 01/04/2020 11:53:37 PM IN THE CIRCUITCOURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR, COLLIER, FLORIDA CASE NUMBER: 11-2019-CA-002013 Patricia and Frank Matteo Plaintiff, vs. United Property & Casualty Insurance Company, Defendant. / PLAINTIFF’S MOTION FOR CONTEMPT AND SANCTIONS COMES NOW Plaintiff, Patricia and Frank Matteo, by and through the undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.280 and 1.380, hereby files this Motion for Contempt and Sanctions against Defendant, United Property & Casualty Insurance Company, and as grounds therefore states: 1. On May 29, 2019, Plaintiff's First Set of Interrogatories, Request for Admissions and Request to Produce were served on Defendant contemporaneously with Plaintiff's Complaint. 2. On July 30, 2019 Defendant filed a Motion for Extension to Respond to Plaintiff's Complaint and Discovery Requests, which was unopposed by Plaintiff. 3. On October 28, 2019 an agreed order was entered on Defendant’s Motion for Extension of Time, pursuant to this order response to discovery requests were due on November 12, 2019. 4. On November 15, 2019 a second agreed order was entered on Defendant’s Motion for Extension of Time, pursuant to this order responses to discovery requests were due on November 22, 2019. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 01/06/2020 11:40:15 AM5. On November 22, 2019 Defendant filed its Second Motion for Extension to Respond to Plaintiff's Complaint and Discovery Requests. 6. To date, more than 7 months later, Plaintiff has not been served with any responses to the discovery requests. 7. Plaintiff is prejudiced in that it cannot adequately prepare its case without Defendant’s discovery responses. 8. Plaintiff is prejudiced in that court ordered arbitration is to be conducted before March 12, 2020. 9. Defendant has not requested to set its Second Motion for Extension of Time to Response to Plaintiff's Complaint and Discovery Requests for hearing. 10. Defendant is in violation and in contempt of this Court’s November 15, 2019 order and sanctions are warranted since Plaintiff has expended considerable amount of time and attorney’s fees and costs seeking Defendant’s compliance regarding overdue discovery. 11. Pursuant to Fla.R.Civ.P. 1.380, the Defendant’s pleadings should be struck and the Plaintiffs should be awarded attorney’s fees and costs. Florida Rules of Civil Procedure, Rule 1.380(d) states: “If a party ... designated under rule 1.310(b)(6) or 1.320(a) to testify on behalf of a party fails ... (2) to serve answers or objections to interrogatories submitted under rule 1.340 after proper service of the interrogatories, or (3) to serve a written response to a request for inspection submitted under rule 1.350 after proper service of the request, the court in which the action is pending may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule. Any motion specifying a failure under clause (2) or (3) of this subdivision shall include a certification that the movant, in good faith, has conferred or attempted to confer with the party failing to answer or respond in an effort to obtain such answer or response without court action. Instead of any order or in addition to it, the court shall require the party failing to act to pay the reasonable expenses caused by the 2failure, which may include attorneys' fees, unless the court finds that the failure was justified or that other circumstances make an award of expenses unjust. The failure to act described in this subdivision may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by rule 1.280(c).” WHEREFORE, Plaintiff, Patricia and Frank Matteo, respectfully requests this Honorable Court to enter an Order for contempt and sanctions against Defendant for violating this Court’s November 15, 2019 Order, finding Defendant in contempt for failure to provide the discovery within as ordered by this Court and continuing to delay litigation, award attorney’s fees and costs to Plaintiff due to Defendant’s non-compliance and for necessity of this action; and for any such other and further relief this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been furnished via the Florida Courts E- Filing Portal to: Jeffrey Wank, Esq., this 4th day of January, 2020. /s/ Gregory N. Greenberg COHEN LAW GROUP, P.A. Gregory N. Greenberg, Esq., FOR THE FIRM Florida Bar No. 95978 350 N. Lake Destiny Road Maitland, FL 32751 Primary: GGreenberg@ItsAboutJustice.law Secondary: Rachael@ItsAboutJustice.law Telephone: (407) 478-4878 Facsimile: (407) 478-0204 Attorney for Plaintiff