Motion,Ex Parte: JOANNA MAIOCCO vs AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA

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                                Filing # 162864097 E-Filed 12/12/2022 04:02:55 PM


                         IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
                                   IN AND FOR DUVAL COUNTY, FLORIDA

            JOANNA MAIOCCO AND
            JOHN MAIOCCO,

                     Plaintiffs,

            VS.                                                              CASE NO.: 2022-CA-006122


            AMERICAN INTEGRITY INSURANCE
            COMPANY OF FLORIDA,

                     Defendant.
                                                               /

                  DEFENDANT AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA’S,
                    MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DISCOVERY

                     AMERICAN INTEGRITY INSURANCE COMPANY                        OF FLORIDA, (“Defendant”) by

            the undersigned counsel, and pursuant to all applicable Rules of Civil Procedure, files its Motion

            for Enlargement of Time to file and serve its responses to Plaintiffs’ discovery requests, and in

            support states:

                     1        Plaintiffs filed a Complaint alleging that Defendant breached a homeowners’

            insurance policy in response to the Plaintiff's claim for property damage to a residence.

                     2        Plaintiffs also filed discovery requests, specifically Plaintiffs’ Request to Produce

            and Plaintiffs’ Interrogatories to Defendant (hereinafter the “Discovery Requests”), with the

            Complaint.

                     3        American Integrity requests additional time to respond to the Plaintiffs’ Discovery

            Requests.

                     4        Florida Rule of Civil Procedure 1.090(b) states in pertinent part:

                              (b)    Enlargement. When an act is required or allowed to be done at or
                              within a specified time by order of court, by these rules, or by notice given




ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK,                      12/13/2022 04:31:31 PM
Joanna Maiocco vs. American Integrity Insurance Company
Case Number: 2022 CA 006122
Page 2 of 2

                  thereunder, for cause shown the court at any time in its discretion (1) with
                  or without notice, may order the period enlarged if request therefore is made
                  before the expiration of the period originally prescribed or as extended by a
                  previous order...

          5       The Court possesses broad discretion in overseeing discovery and protecting parties

that come before the Court. See, e.g. Rojas v. Ryder Truck Rental, Inc., 641 So. 2d 855 (Fla. 1994).

          6       There is no trial pending in this matter.   Further, this motion is not intended for

purposes of delay.

          7       The granting of this motion will not prejudice either party.

          WHEREFORE,          Defendant, AMERICAN INTEGRITY INSURANCE                  COMPANY        OF

FLORIDA, respectfully requests this Court to enter an Order granting Defendant an extension to

respond to Plaintiffs’ discovery.

                                     CERTIFICATE OF SERVICE

        I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via

the Florida Court’s E-File Portal to Francisco E. Serrano, II, Esq., Attorneys for Plaintiff,

Serrano       Cagan   &   Cagan,   2300 Maitland,   Center    Pkwy,    Ste. 106, Maitland,   FL   32751,

(service@serranocagan.com;          fserrano@serranocagan.com), on this 12" day of December,

2022.


                                                                  5 / Eltost
                                                                          Yi Fews
                                                         ELLIOTT W. RUSS, ESQUIRE
                                                         Fla. Bar No. 1024954
                                                         American Integrity Insurance Company
                                                         of Florida
                                                         Post Office Box 26349
                                                         Tampa,       FL 33623
                                                         (813) 505-2530
                                                         Primary email: eruss@aiiflorida.com
                                                         Secondary email: kmyers@aiiflorida.com
                                                                            dwelcker@aiiflorida.com