On November 11, 2021 a
Motion for Court's Default
was filed
involving a dispute between
Wpm Southern Llc,
and
Gates Group Llc,
Marco Island Academy,
United States Fire Insurance Company Inc,
for Contract and Indebtedness
in the District Court of Collier County.
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Filing # 152447925 E-Filed 06/29/2022 03:49:57 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA
WPM-SOUTHERN, LLC,
a Florida limited liability company,
Plaintiff, CIVIL ACTION
vs. CASE NO. 21-CA-2647
GATES GROUP, LLC, D/B/A GATES CONSTRUCTION
a Florida limited liability company,
UNITED STATES FIRE INSURANCE COMPANY, INC.,
a Foreign Corporation.
Defendants.
/
MOTION FOR ENTRY OF JUDICIAL DEFAULT
COMES NOW the Plaintiff, WPM-SOUTHERN, LLC by and through their undersigned
attorney, and makes this its Motion for the Entry of Judicial Default, and would show unto the
Court the reasons for said motion:
1. On November 11, 2021 Plaintiff filed it Complaint in the County Court of the 20%
Judicial Circuit in and for Collier County. Case No: 21-CA-2647.
2. On January 26, 2022 Defendants, GATES GROUP, LLC, D/B/A GATES
CONSTRUCTION and UNITED STATES FIRE INSURANCE COMPANY, INC.
filed a Notice of Appearance. Dkt. No. 9.
3. To Date, Defendant’s has failed to file a responsive pleading pursuant to Rule
1.110Florida Rules of Civil Procedure.
4. On May 2, 2022 Plaintiff filed its First Request of Production (Dkt. 13) and Notice of
Service of Interrogatories (Dkt. 14) which was due June 1, 2022.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 06/29/2022 03:49:57 PM5. To Date, Defendants have failed to respond to Plaintiff's Request for Production and
Notice of Service of Interrogatories.
6. Defendant, GATES GROUP, LLC, D/B/A GATES CONSTRUCTION and UNITED
STATES FIRE INSURANCE COMPANY, INC, has been provided sufficient time to
respond to the complaint.
WHEREFORE, the Plaintiff would respectfully request that this Court enter a Default
against the Defendants GATES GROUP, LLC, D/B/A GATES CONSTRUCTION and UNITED
STATES FIRE INSURANCE COMPANY, INC.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via transmission of Notices of Electronic filing generated by Florida Court E-Filing portal to all
parties on matter on this 29" day of June, 2022.
MICHAEL F. KAYUSA, ESQUIRE
Attorney for Plaintiff
Post Office Box 2237
Fort Myers, FL 33911
(239) 334-8200
(239) 334-2899 fax
mfk@mfkayusa.com
By:_/s/ Michael F. Kayusa
Michael F. Kayusa
Florida Bar No. 472433
Case Filing Date
November 11, 2021
Category
Contract and Indebtedness
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Filing # 152447925 E-Filed 06/29/2022 03:49:57 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA WPM-SOUTHERN, LLC, a Florida limited liability company, Plaintiff, CIVIL ACTION vs. CASE NO. 21-CA-2647 GATES GROUP, LLC, D/B/A GATES CONSTRUCTION a Florida limited liability company, UNITED STATES FIRE INSURANCE COMPANY, INC., a Foreign Corporation. Defendants. / MOTION FOR ENTRY OF JUDICIAL DEFAULT COMES NOW the Plaintiff, WPM-SOUTHERN, LLC by and through their undersigned attorney, and makes this its Motion for the Entry of Judicial Default, and would show unto the Court the reasons for said motion: 1. On November 11, 2021 Plaintiff filed it Complaint in the County Court of the 20% Judicial Circuit in and for Collier County. Case No: 21-CA-2647. 2. On January 26, 2022 Defendants, GATES GROUP, LLC, D/B/A GATES CONSTRUCTION and UNITED STATES FIRE INSURANCE COMPANY, INC. filed a Notice of Appearance. Dkt. No. 9. 3. To Date, Defendant’s has failed to file a responsive pleading pursuant to Rule 1.110Florida Rules of Civil Procedure. 4. On May 2, 2022 Plaintiff filed its First Request of Production (Dkt. 13) and Notice of Service of Interrogatories (Dkt. 14) which was due June 1, 2022. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 06/29/2022 03:49:57 PM5. To Date, Defendants have failed to respond to Plaintiff's Request for Production and Notice of Service of Interrogatories. 6. Defendant, GATES GROUP, LLC, D/B/A GATES CONSTRUCTION and UNITED STATES FIRE INSURANCE COMPANY, INC, has been provided sufficient time to respond to the complaint. WHEREFORE, the Plaintiff would respectfully request that this Court enter a Default against the Defendants GATES GROUP, LLC, D/B/A GATES CONSTRUCTION and UNITED STATES FIRE INSURANCE COMPANY, INC. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via transmission of Notices of Electronic filing generated by Florida Court E-Filing portal to all parties on matter on this 29" day of June, 2022. MICHAEL F. KAYUSA, ESQUIRE Attorney for Plaintiff Post Office Box 2237 Fort Myers, FL 33911 (239) 334-8200 (239) 334-2899 fax mfk@mfkayusa.com By:_/s/ Michael F. Kayusa Michael F. Kayusa Florida Bar No. 472433