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Filing # 103074664 E-Filed 02/10/2020 05:30:16 PM
IN THE CIRCUIT COURT OF THE 15th
JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASENO.: —50-2018-CA-015763-XXXX-MB
ELIZABETH L. BALZARANO, individually,
And as Personal Representative of the
Estate of MICHELLE L. BALZARANO,
Plaintiff,
v.
LIFELINE RECOVERY, LLC, d/b/a
TIDET IE DECAUEDV CTIDDNDT CEDUTIOTS 4
DIP GLUING ADU VON QULEUINL OUINVIULY, a
Foreign Corporation; JOHN BROGAN; LIFE
CHANGES ADDICTION TREATMENT CENTER
OF THE PALM BEACHES; WARBIRD PROPERTIES, LLC
d/b/a CAMERON VILLA, LLC, a Florida Corporation;
EMILIO DUBOY, M.D.
/
MOTION TO EXTEND TIME TO FILE RESPONSIVE PLEADING TO
2NP AMENDED COMPLAINT
Defendant, WARBIRD PROPERTIES, LLC, d/b/a CAMERON
VILLA, LLC (“Defendant”) by and through their undersigned Counsel,
respectfully submits this First Motion for Enlargement of Time to respond to
Plaintiffs Second Amended Complaint, and in support thereof states as
follows:
1. Plaintiffs File their Original Complaint against Defendants on
December 14, 2018.
CHEN. DAIAARCACU AAIINTY Cl CUADAND ANAY FLED noMAINNON NE-2n.4e DAA
PILL. PAL DLA VUUINE TT, EL, OHI. DUUN, ULLIAN, ver iureucy v.uU. FU vt50-2018-CA-015763-XXXX-MB
2. Plaintiff served Defendant with the Original Complaint on February
6, 2019.
3. The undersigned Counsel for the Defendant immediately contacted
the Plaintiff's counsel to discuss the case and to discuss the potential for
insurance coverage.
4. The counsels remained in communication even through the
Plaintiff's filing of the First Amended Complaint, whereby the Plaintiff's
counsel delivered a copy of the First Amended Complaint to the
undersigned via email.
5. The Defendant, Warbird tendered its insurance policy to the
Plaintiff in or about March 2019 and filed a claim against its insurance
policy.
6. The Defendant, Warbird tendered a letter of Dislaimer of Insurance
received from its insured on or about April 27, 2019, and had discussions
with the Plaintiffs counsel regarding claims made in the Amended
Complaint which disqualified coverage under the terms of the
Defendant’s policy.
7. The Defendant, Warbird through numerous communications
between April and June of 2019, in an attempt to resolve the claims in this
case with the Plaintiff’s counsel.50-2018-CA-015763-XXXX-MB
8. In the latter part of June, 2019 Plaintiffs counsel agreed that if
Plaintiff was willing to settle the case he would communicate with the
undersigned counsel.
9. The communication between the attorneys went silent from June
2019 to February 2020.
10. On February 5, 2020, the undersigned received a call and an email
from Plaintiff's counsel stating that the Plaintiff was being deposed and
that the undersigned could call into the deposition. The Plaintiff's counsel
did not provide notice to the undersigned of the taking of any deposition.
11. Plaintiff never served the Defendant or Defendant’s counsel with
the 2"? Amended Complaint which she filed on October 4, 2019.
12. The undersigned just received today, February 10, 2020, a copy of
the 2™ Amended Complaint against Warbird, and seeks an additional time
within which to file a responsive pleading.
13. Defendant, Warbird, respectfully requests that this Court grant the
enlargement of time through and including Monday, March 9, 2020.
14. This motion is not submitted for the purpose of unnecessary delay.
15. Furthermore, neither party will be prejudiced in the event the Court
grants this instant Motion, however the failure to grant the motion will
prejudice the Defendant in this case.50-2018-CA-015763-XXXX-MB
WHEREFORE, Defendant respectfully requests this Court enter an
Order granting all appropriate relief, including an enlargement of time for
Defendant to file a Responsive Pleading to the Plaintiff's Second Amended
Complaint.
Nicole Sauvola, PA Nicole
Sauvola-LaMay, Esquire
Attorney for Defendant Warbird
Properties, LLC doa Cameron Villa
4500 PGA Blvd. Suite 200
Palm Beach Gardens, FL 33418
(561)506-5606 Office
(561)229-0169 Facsimile
Colelaw36@gmail.com
By:/s/ Nicole Sauvola tt
NICOLE SAUVOLA, ESQUIRE
FBN: 611301
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on February 10, 2020, I electronically filed the foregoing
with the Clerk of the Court by using the Florida e-portal filing system. Copies of the
foregoing will be served by electronic and/or U.S. Mail to the Service list attorneys attached.
By:/s/ Nicole Sauvola
NICOLE SAUVOLA, ESQUIRE50-2018-CA-015763-XXXX-MB
SERVICE LIST
[raamac RB SCOT ARN ESOnIRE
AAARIVALIS Boe OIRENR GBA
FBN# 178276
THOMAS D. GRAHAM, ESQUIRE
FBN#89043,
Leesfield Scolaro, P.A.
2350S. Dixie Highway
Miami, FL 33133-2314
Telephone: (305)854-4900
Facsimile: (305)854-8266
scolaro@leesfield.com
graham@leesfieldcom
ATTORNEYS FOR PLAINTFF, ELIZABETH
IBALZARANO
JONATHAN. MIDWALT. ESQUIRE
.TTORNEY FOR LIFECHANGES ADDICTION
TMENT CENTER OF THE PALM.
SEACHES,
OELLE K. SHEEHAN, ESQUIRE
N# 84677
ilson Elser
111 N. Orange Avenue
, FL 32801-2316
‘elephone: (407)203-7599
‘acsimile: (407)648-1376
: Noelle.sheehan@wilsonelser.com
ATTORNEY FOR Dr. EMILIO DUBOY
ATTORNEY FOR JANINE BEATTIE
INICOLE SAUVOLA-LAMAY, ESQ.
Florida Bar. No 611301
INICOLE SAUVOLA, PA
4500 PGA Blvd, Suite 200
Palm Beach Gardens, FL 33418
(Telephone: (561) 506-5606
Facsimile: (561) 229-0169
E-Mail: Colelaw36@gmail com
[ATTORNEY FOR WARBIRD PROPERTIES dba
(CAMERON VILLA
Preview
Filing # 103074664 E-Filed 02/10/2020 05:30:16 PM IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASENO.: —50-2018-CA-015763-XXXX-MB ELIZABETH L. BALZARANO, individually, And as Personal Representative of the Estate of MICHELLE L. BALZARANO, Plaintiff, v. LIFELINE RECOVERY, LLC, d/b/a TIDET IE DECAUEDV CTIDDNDT CEDUTIOTS 4 DIP GLUING ADU VON QULEUINL OUINVIULY, a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; WARBIRD PROPERTIES, LLC d/b/a CAMERON VILLA, LLC, a Florida Corporation; EMILIO DUBOY, M.D. / MOTION TO EXTEND TIME TO FILE RESPONSIVE PLEADING TO 2NP AMENDED COMPLAINT Defendant, WARBIRD PROPERTIES, LLC, d/b/a CAMERON VILLA, LLC (“Defendant”) by and through their undersigned Counsel, respectfully submits this First Motion for Enlargement of Time to respond to Plaintiffs Second Amended Complaint, and in support thereof states as follows: 1. Plaintiffs File their Original Complaint against Defendants on December 14, 2018. CHEN. DAIAARCACU AAIINTY Cl CUADAND ANAY FLED noMAINNON NE-2n.4e DAA PILL. PAL DLA VUUINE TT, EL, OHI. DUUN, ULLIAN, ver iureucy v.uU. FU vt50-2018-CA-015763-XXXX-MB 2. Plaintiff served Defendant with the Original Complaint on February 6, 2019. 3. The undersigned Counsel for the Defendant immediately contacted the Plaintiff's counsel to discuss the case and to discuss the potential for insurance coverage. 4. The counsels remained in communication even through the Plaintiff's filing of the First Amended Complaint, whereby the Plaintiff's counsel delivered a copy of the First Amended Complaint to the undersigned via email. 5. The Defendant, Warbird tendered its insurance policy to the Plaintiff in or about March 2019 and filed a claim against its insurance policy. 6. The Defendant, Warbird tendered a letter of Dislaimer of Insurance received from its insured on or about April 27, 2019, and had discussions with the Plaintiffs counsel regarding claims made in the Amended Complaint which disqualified coverage under the terms of the Defendant’s policy. 7. The Defendant, Warbird through numerous communications between April and June of 2019, in an attempt to resolve the claims in this case with the Plaintiff’s counsel.50-2018-CA-015763-XXXX-MB 8. In the latter part of June, 2019 Plaintiffs counsel agreed that if Plaintiff was willing to settle the case he would communicate with the undersigned counsel. 9. The communication between the attorneys went silent from June 2019 to February 2020. 10. On February 5, 2020, the undersigned received a call and an email from Plaintiff's counsel stating that the Plaintiff was being deposed and that the undersigned could call into the deposition. The Plaintiff's counsel did not provide notice to the undersigned of the taking of any deposition. 11. Plaintiff never served the Defendant or Defendant’s counsel with the 2"? Amended Complaint which she filed on October 4, 2019. 12. The undersigned just received today, February 10, 2020, a copy of the 2™ Amended Complaint against Warbird, and seeks an additional time within which to file a responsive pleading. 13. Defendant, Warbird, respectfully requests that this Court grant the enlargement of time through and including Monday, March 9, 2020. 14. This motion is not submitted for the purpose of unnecessary delay. 15. Furthermore, neither party will be prejudiced in the event the Court grants this instant Motion, however the failure to grant the motion will prejudice the Defendant in this case.50-2018-CA-015763-XXXX-MB WHEREFORE, Defendant respectfully requests this Court enter an Order granting all appropriate relief, including an enlargement of time for Defendant to file a Responsive Pleading to the Plaintiff's Second Amended Complaint. Nicole Sauvola, PA Nicole Sauvola-LaMay, Esquire Attorney for Defendant Warbird Properties, LLC doa Cameron Villa 4500 PGA Blvd. Suite 200 Palm Beach Gardens, FL 33418 (561)506-5606 Office (561)229-0169 Facsimile Colelaw36@gmail.com By:/s/ Nicole Sauvola tt NICOLE SAUVOLA, ESQUIRE FBN: 611301 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 10, 2020, I electronically filed the foregoing with the Clerk of the Court by using the Florida e-portal filing system. Copies of the foregoing will be served by electronic and/or U.S. Mail to the Service list attorneys attached. By:/s/ Nicole Sauvola NICOLE SAUVOLA, ESQUIRE50-2018-CA-015763-XXXX-MB SERVICE LIST [raamac RB SCOT ARN ESOnIRE AAARIVALIS Boe OIRENR GBA FBN# 178276 THOMAS D. GRAHAM, ESQUIRE FBN#89043, Leesfield Scolaro, P.A. 2350S. Dixie Highway Miami, FL 33133-2314 Telephone: (305)854-4900 Facsimile: (305)854-8266 scolaro@leesfield.com graham@leesfieldcom ATTORNEYS FOR PLAINTFF, ELIZABETH IBALZARANO JONATHAN. MIDWALT. ESQUIRE .TTORNEY FOR LIFECHANGES ADDICTION TMENT CENTER OF THE PALM. SEACHES, OELLE K. SHEEHAN, ESQUIRE N# 84677 ilson Elser 111 N. Orange Avenue , FL 32801-2316 ‘elephone: (407)203-7599 ‘acsimile: (407)648-1376 : Noelle.sheehan@wilsonelser.com ATTORNEY FOR Dr. EMILIO DUBOY ATTORNEY FOR JANINE BEATTIE INICOLE SAUVOLA-LAMAY, ESQ. Florida Bar. No 611301 INICOLE SAUVOLA, PA 4500 PGA Blvd, Suite 200 Palm Beach Gardens, FL 33418 (Telephone: (561) 506-5606 Facsimile: (561) 229-0169 E-Mail: Colelaw36@gmail com [ATTORNEY FOR WARBIRD PROPERTIES dba (CAMERON VILLA