On May 31, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Firewater Restoration Llc,
and
Universal Property & Casualty Insurance Company,
for Insurance Claim
in the District Court of Collier County.
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Filing # 95337641 E-Filed 09/08/2019 11:22:28 AM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR COLLIER COUNTY, FLORIDA
CASE NUMBER: 2019-CA-002174
Firewater Restoration, LLC
a/a/o Michael McClure
Plaintiff,
VS.
Universal Property & Casualty Insurance Company
Defendant.
/
PLAINTIFF’S MOTION TO COMPEL DISCOVERY
COMES NOW Plaintiff, Firewater Restoration, LLC a/a/o Michael McClure, by and
through the undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.280 and
1.380, hereby files this Motion to Compel Discovery against Defendant, Universal Property &
Casualty Insurance Company, and as grounds therefore states:
1. Plaintiff initiated this action for breach of contract against Defendant on or about May 31,
2019.
2. On June 11, 2019, Plaintiffs First Set of Interrogatories and Request to Produce were
served on Defendant contemporaneously with Plaintiff's Complaint.
3. Defendant’s responses to Plaintiff's First Set of Interrogatories and Request to Produce
were due on or before July 26, 2019.
4. On August 22, 2019, Plaintiff sent a good faith letter in efforts to resolve this matter
requesting Defendant’s discovery responses within 5 days. Attached hereto as Exhibit
“A”.
5. However, to date, Defendant has not provided responses to Plaintiffs discovery requests.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 09/08/2019 11:22:28 AM10.
Furthermore, Defendant has neither requested a further extension of time to respond nor
has it objected to the discovery.
Plaintiff is prejudiced in that it cannot adequately prepare its case without Defendant’s
discovery responses.
Defendant’s complete failure to respond to Plaintiff's discovery requests waives any and
all objections it may have with the exception of attorney-client and work-product
privileges.
Plaintiff seeks an award of fees and costs incurred related to the filing of this motion
pursuant to 1.380(a)(4), Fla. R. Civ. P.
Plaintiff hereby certifies it conferred, or attempted to confer, in good faith with the person
or party failing to make the subject discovery in an effort to secure the information or
material prior to the hearing on this motion.
WHEREFORE, Plaintiff, Firewater Restoration, LLC a/a/o Michael McClure,
respectfully requests this Honorable Court to grant its Motion to Compel Discovery, compelling
Defendant to provide complete responses without objections to Plaintiffs First Set of
Interrogatories and Request to Produce within ten (10) days and any and all additional relief
deemed just and proper by this Court.
CERTIFICATE OF SERVICE
IT HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
Florida E-Portal to Defense Counsel this 8" day of September, 2019.
‘s/ Natisha N. Quijano
Natisha N. Quijano, Esquire
Florida Bar Number: 096485
Cohen Law Group
Attorney for Plaintiff
350 North Lake Destiny Road, Suite 300
Maitland, Florida 32751
Phone: (407) 478-4878
Fax: (407) 478-0204
Primary: nquijano@itsaboutjustice.law
Secondary: ashley@itsaboutjustice.lawExhibit “A”’350 North Lake Destiny Road
CoO H E N Maitland, Florida 32751
GF LAW GROUP D sonarasee
(B 407.478.0204
ITSABOUTJUSTICE.LAW
August 22, 2019
Universal Property and Casualty Insurance Company
Attention: Ashanti King, Esquire
1110 W. Commercial Blvd.,
Fort Lauderdale, FL 33309
VIA EMAIL
Re: _ FireWater Restoration, LLC a/a/o Michael McClure v. Universal Property & Casualty
Insurance Co.
Case Number: 11-2019-CA-002174-0001-XX
Dear Ms. King:
Please be advised that Defendant’s responses to Plaintiff's discovery requests which were served
with the complaint on June 11, 2019 are past due.
Please provide us with Defendant’s responses to Plaintiff's outstanding Request for Production
and Interrogatories within the next five (5) business days to avoid Court intervention. Please
consider this our good faith effort to resolve this matter.
Please feel free to contact me to discuss this matter further.
Sincerely,
Natisha N. Quijano, Esq.
NNQ/am
Case Filing Date
May 31, 2019
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Filing # 95337641 E-Filed 09/08/2019 11:22:28 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA CASE NUMBER: 2019-CA-002174 Firewater Restoration, LLC a/a/o Michael McClure Plaintiff, VS. Universal Property & Casualty Insurance Company Defendant. / PLAINTIFF’S MOTION TO COMPEL DISCOVERY COMES NOW Plaintiff, Firewater Restoration, LLC a/a/o Michael McClure, by and through the undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.280 and 1.380, hereby files this Motion to Compel Discovery against Defendant, Universal Property & Casualty Insurance Company, and as grounds therefore states: 1. Plaintiff initiated this action for breach of contract against Defendant on or about May 31, 2019. 2. On June 11, 2019, Plaintiffs First Set of Interrogatories and Request to Produce were served on Defendant contemporaneously with Plaintiff's Complaint. 3. Defendant’s responses to Plaintiff's First Set of Interrogatories and Request to Produce were due on or before July 26, 2019. 4. On August 22, 2019, Plaintiff sent a good faith letter in efforts to resolve this matter requesting Defendant’s discovery responses within 5 days. Attached hereto as Exhibit “A”. 5. However, to date, Defendant has not provided responses to Plaintiffs discovery requests. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 09/08/2019 11:22:28 AM10. Furthermore, Defendant has neither requested a further extension of time to respond nor has it objected to the discovery. Plaintiff is prejudiced in that it cannot adequately prepare its case without Defendant’s discovery responses. Defendant’s complete failure to respond to Plaintiff's discovery requests waives any and all objections it may have with the exception of attorney-client and work-product privileges. Plaintiff seeks an award of fees and costs incurred related to the filing of this motion pursuant to 1.380(a)(4), Fla. R. Civ. P. Plaintiff hereby certifies it conferred, or attempted to confer, in good faith with the person or party failing to make the subject discovery in an effort to secure the information or material prior to the hearing on this motion. WHEREFORE, Plaintiff, Firewater Restoration, LLC a/a/o Michael McClure, respectfully requests this Honorable Court to grant its Motion to Compel Discovery, compelling Defendant to provide complete responses without objections to Plaintiffs First Set of Interrogatories and Request to Produce within ten (10) days and any and all additional relief deemed just and proper by this Court. CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Florida E-Portal to Defense Counsel this 8" day of September, 2019. ‘s/ Natisha N. Quijano Natisha N. Quijano, Esquire Florida Bar Number: 096485 Cohen Law Group Attorney for Plaintiff 350 North Lake Destiny Road, Suite 300 Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Primary: nquijano@itsaboutjustice.law Secondary: ashley@itsaboutjustice.lawExhibit “A”’350 North Lake Destiny Road CoO H E N Maitland, Florida 32751 GF LAW GROUP D sonarasee (B 407.478.0204 ITSABOUTJUSTICE.LAW August 22, 2019 Universal Property and Casualty Insurance Company Attention: Ashanti King, Esquire 1110 W. Commercial Blvd., Fort Lauderdale, FL 33309 VIA EMAIL Re: _ FireWater Restoration, LLC a/a/o Michael McClure v. Universal Property & Casualty Insurance Co. Case Number: 11-2019-CA-002174-0001-XX Dear Ms. King: Please be advised that Defendant’s responses to Plaintiff's discovery requests which were served with the complaint on June 11, 2019 are past due. Please provide us with Defendant’s responses to Plaintiff's outstanding Request for Production and Interrogatories within the next five (5) business days to avoid Court intervention. Please consider this our good faith effort to resolve this matter. Please feel free to contact me to discuss this matter further. Sincerely, Natisha N. Quijano, Esq. NNQ/am