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Filing # 31105184 E-Filed 08/20/2015 12:08:40 PM
IN THE CIRCUIT COURT IN AND
FOR LAKE COUNTY, FLORIDA
Case No. 15-CA-913
NOLAND'S ROOFING, INC. a/a/o
SANDRA FECHTENBURG,
Plaintiff,
vs.
AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA, a for-profit
FLORIDA Corporation,
Defendant.
/
DEFENDANT’S MOTION TO COMPEL BETTER RESPONSES
TO DEFENDANT’S FIRST REQUEST FOR ADMISSIONS
Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA,
(“AMERICAN INTEGRITY”), by and through the undersigned counsel, pursuant to
Florida Rules of Civil Procedure, hereby serves its Motion to Compel Better Responses to
Defendant’s First Request for Admissions and moves this Honorable Court for an Order
compelling the Plaintiff, NOLAND'S ROOFING, INC. a/a/o SANDRA FECHTENBURG
(“Plaintiff”), to provide better responses to Defendant’s First Request for Admissions and
awarding the Defendant its attorney’s fees and costs associated with this Motion, and as
grounds would state as follows:
1. On June 25, 2015, Defendant propounded upon Plaintiff its First Request
for Admissions.
2. On July 15, 2015, Plaintiff served its Responses to Defendant’s First
Request for Admissions.
*** PILED: LAKE COUNTY, FL NEIL KELLY, CLERK. ***3. Plaintiff denied each request, without explanation of the cause of damage.
The effect of which means Plaintiff submitted an expert report to AMERICAN
INTEGRITY regarding the cause of damage. However, none has been received.
4, On July 22, 2015, and in a good faith effort to avoid Court intervention, the
undersigned corresponded with counsel for Plaintiff, seeking better responses, in the
alternative, the deposition of the person with the most knowledge of the reasons for the
denied (copy of the letter is attached as Exhibit “A.”)
5. The letter requested a response within ten days. As of the date of this
motion, Plaintiff has not responded.
6. The information requested in the discovery requests are relevant and
material to the subject matter of this action, within the scope of the Florida Rules of Civil
Procedure, and the AMERICAN INTEGRITY has a compelling need for the requested
information and documents.
7. Florida Rule of Civil Procedure 1.370(A) provides the party who has
requested the admissions may move to determine the sufficiency of the answers.
8. Rule 1.38(a)(4) of the Florida Rules of Civil Procedure states, “If a Motion
is granted and after opportunity for hearing, the Court shall require the party or deponent
whose conduct necessitated the Motion or the party or counsel advising the conduct to pay
to the moving party the reasonable expenses incurred in obtaining the Order that may
include attorney’s fees, unless the Court finds that the opposition to the Motion was
justified or that other circumstances make an award of expenses unjust.”
WHEREFORE, Defendant, AMERICAN INTEGRITY, hereby moves this
Honorable Court to enter an Order compelling Plaintiff to provide better responses toDefendant’s First Request for Admissions or, in the alternative, the deposition of the
person with the most knowledge of the basis of the denial.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via E-Portal on the 26? day of August, 2015 to: Lee M. Jacobson, Esquire,
Hale, Hale & Jacobson, P.A., lee@halelawfl.com and mtai@halelawfl.com.
LMB/rdd
An
Lisa M. Bernardini, Esquire
Florida Bar No. 0813052
The Rock Law Group, P.A.
1760 Fennell Street
Maitland, FL 32751
Telephone: (407) 647-9881
Telecopier: (407) 647-9966
Primary Email: pleadings@rocklawpa.com
Secondary Email: rdejesus@rocklawpa.com
Attorneys for Defendant, American Integrity
Insurance Company of FloridaTHE ROCK LAW GROUP, P. A.
ROCKLAWPA.COM
1760 FENNELL STREET
MAITLAND, FL 32751
TELEPHONE: 407-647-9881
FACSIMILE: 407-647-9966
July 22, 2015
Via Email Transmission Onl
Lee M. Jacobson, Esquire
Hale, Hale & Jacobson, P.A.
545 Delaney Avenue
Suite 7
Orlando, FL 32801
Re: Our File No.: 2097-75864
Claim No.: ACH119508
Plaintiff: Noland's Roofing, Inc. a/a/o Fechtenburg, Sandra
Defendant: American Integrity Insurance Company of Florida,
a for-profit FLORIDA Corporation
Dear Mr. Jacobson:
We received your response to request for admissions. Each request was denied,
the effect of which is that Plaintiff is in possession of an expert opinion regarding the
cause of damage to the dwelling and that the opinion was provided to American Integrity.
To date, American Integrity has not received any expert opinion from Plaintiff regarding
the cause of damage. Therefore, please consider this letter our ten (10) day courtesy
request for better responses to the request for admissions. If you maintain the denial,
please provide our office with the name of the person with the most knowledge of the
basis for the denial, within ten days of the date of this letter, so that we can take their
deposition.
If we do not receive a response within ten (10) days of the date of this letter, we
will file a motion to compel the deposition of the person with the most knowledge of the
reasons for the denial of the request for admissions. Thank you for your anticipated
cooperation.
ry truly yours,
ar
Lisa M. Bernardini
LMB/rdd
ce: American Integrity Insurance Company of Florida
EXHIBIT
i A
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Filing # 31105184 E-Filed 08/20/2015 12:08:40 PM IN THE CIRCUIT COURT IN AND FOR LAKE COUNTY, FLORIDA Case No. 15-CA-913 NOLAND'S ROOFING, INC. a/a/o SANDRA FECHTENBURG, Plaintiff, vs. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, a for-profit FLORIDA Corporation, Defendant. / DEFENDANT’S MOTION TO COMPEL BETTER RESPONSES TO DEFENDANT’S FIRST REQUEST FOR ADMISSIONS Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, (“AMERICAN INTEGRITY”), by and through the undersigned counsel, pursuant to Florida Rules of Civil Procedure, hereby serves its Motion to Compel Better Responses to Defendant’s First Request for Admissions and moves this Honorable Court for an Order compelling the Plaintiff, NOLAND'S ROOFING, INC. a/a/o SANDRA FECHTENBURG (“Plaintiff”), to provide better responses to Defendant’s First Request for Admissions and awarding the Defendant its attorney’s fees and costs associated with this Motion, and as grounds would state as follows: 1. On June 25, 2015, Defendant propounded upon Plaintiff its First Request for Admissions. 2. On July 15, 2015, Plaintiff served its Responses to Defendant’s First Request for Admissions. *** PILED: LAKE COUNTY, FL NEIL KELLY, CLERK. ***3. Plaintiff denied each request, without explanation of the cause of damage. The effect of which means Plaintiff submitted an expert report to AMERICAN INTEGRITY regarding the cause of damage. However, none has been received. 4, On July 22, 2015, and in a good faith effort to avoid Court intervention, the undersigned corresponded with counsel for Plaintiff, seeking better responses, in the alternative, the deposition of the person with the most knowledge of the reasons for the denied (copy of the letter is attached as Exhibit “A.”) 5. The letter requested a response within ten days. As of the date of this motion, Plaintiff has not responded. 6. The information requested in the discovery requests are relevant and material to the subject matter of this action, within the scope of the Florida Rules of Civil Procedure, and the AMERICAN INTEGRITY has a compelling need for the requested information and documents. 7. Florida Rule of Civil Procedure 1.370(A) provides the party who has requested the admissions may move to determine the sufficiency of the answers. 8. Rule 1.38(a)(4) of the Florida Rules of Civil Procedure states, “If a Motion is granted and after opportunity for hearing, the Court shall require the party or deponent whose conduct necessitated the Motion or the party or counsel advising the conduct to pay to the moving party the reasonable expenses incurred in obtaining the Order that may include attorney’s fees, unless the Court finds that the opposition to the Motion was justified or that other circumstances make an award of expenses unjust.” WHEREFORE, Defendant, AMERICAN INTEGRITY, hereby moves this Honorable Court to enter an Order compelling Plaintiff to provide better responses toDefendant’s First Request for Admissions or, in the alternative, the deposition of the person with the most knowledge of the basis of the denial. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via E-Portal on the 26? day of August, 2015 to: Lee M. Jacobson, Esquire, Hale, Hale & Jacobson, P.A., lee@halelawfl.com and mtai@halelawfl.com. LMB/rdd An Lisa M. Bernardini, Esquire Florida Bar No. 0813052 The Rock Law Group, P.A. 1760 Fennell Street Maitland, FL 32751 Telephone: (407) 647-9881 Telecopier: (407) 647-9966 Primary Email: pleadings@rocklawpa.com Secondary Email: rdejesus@rocklawpa.com Attorneys for Defendant, American Integrity Insurance Company of FloridaTHE ROCK LAW GROUP, P. A. ROCKLAWPA.COM 1760 FENNELL STREET MAITLAND, FL 32751 TELEPHONE: 407-647-9881 FACSIMILE: 407-647-9966 July 22, 2015 Via Email Transmission Onl Lee M. Jacobson, Esquire Hale, Hale & Jacobson, P.A. 545 Delaney Avenue Suite 7 Orlando, FL 32801 Re: Our File No.: 2097-75864 Claim No.: ACH119508 Plaintiff: Noland's Roofing, Inc. a/a/o Fechtenburg, Sandra Defendant: American Integrity Insurance Company of Florida, a for-profit FLORIDA Corporation Dear Mr. Jacobson: We received your response to request for admissions. Each request was denied, the effect of which is that Plaintiff is in possession of an expert opinion regarding the cause of damage to the dwelling and that the opinion was provided to American Integrity. To date, American Integrity has not received any expert opinion from Plaintiff regarding the cause of damage. Therefore, please consider this letter our ten (10) day courtesy request for better responses to the request for admissions. If you maintain the denial, please provide our office with the name of the person with the most knowledge of the basis for the denial, within ten days of the date of this letter, so that we can take their deposition. If we do not receive a response within ten (10) days of the date of this letter, we will file a motion to compel the deposition of the person with the most knowledge of the reasons for the denial of the request for admissions. Thank you for your anticipated cooperation. ry truly yours, ar Lisa M. Bernardini LMB/rdd ce: American Integrity Insurance Company of Florida EXHIBIT i A