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Filing # 163140148 E-Filed 12/15/2022 03:00:14 PM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 16-2022-CA-004328
DIVISION: CV-G
CLARENCE MITCHELL,
Plaintiff,
vs.
VICTORIA NIKALE GREEN, an individual,
JULENE TURBEVILLE, an individual, and
LINDSAY TYLER DENNIS, an individual,
Defendants.
/
DEFENDANT LINDSAY DENNIS’
MOTION TO COMPEL
Defendant, Lindsay Dennis, pursuant to Rule 1.380, Florida Rules of Civil Procedure,
files this Motion to Compel Plaintiff, Clarence Mitchell, to respond to Defendant’s initial
Request for Production and Interrogatories and moves the Court to enter an Order compelling
Plaintiff to respond to said discovery. As grounds, the Defendant states:
1 This lawsuit arises from a motor vehicle accident that occurred on April 7, 2022.
Plaintiffs filed suit on July 28, 2022.
On September 13, 2022, Defendant filed her Answer. On September 22, 2022,
Defendant served her Request for Production and propounded Interrogatories to Plaintiff.
Plaintiffs’ responses were due no later than October 22, 2022.
With no responses, objections, or requests for additional time, the undersigned counsel
reached out to counsel for the Plaintiff seeking to obtain responses to said discovery
Page 1 of 3
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/16/2022 03:29:13 PM
without judicial intervention on November 15, 2022. See November 15, 2022, letter
attached hereto as Exhibit “A.”
As of the date of this Motion, Defendant has not received a response to the November
15, 2022, letter or the basic, initial discovery.
The aforementioned discovery is necessary to fairly evaluate the Plaintiff’s claims and
prohibits the Defendant from properly preparing the defense of this litigation.
Pursuant to the First Amended Administrative Order No. 88-2, counsel for the
undersigned certifies that he has conferred with counsel for the Plaintiff as detailed
above, and to date, the discovery dispute remains unresolved.
Wherefore, Defendant respectfully request this Honorable Court enter an Order
compelling Plaintiff to respond to Defendant’s Request for Production and Interrogatories,
as well as an Order awarding fees and costs associated with seeking said Order.
O'HARA LAW FIRM,
Professional Association
Brian M. Guter
Florida Bar No, 113681
Michael P. Regan, Jr.
Florida Bar No. 20311
4811 Beach Boulevard, Suite 303
Jacksonville, FL 32207
Telephone (904) 346-3166
Facsimile (904) 346-5445
Service E-Mail: eService@oharalawfirm.com
Attorneys for Lindsay Tyler Dennis
Page 2 of 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been furnished to Devan Hill, Esquire,
Morgan & Morgan, P.A., 501 Riverside Avenue, Suite 1200, Jacksonville, FL 32202, via e-
service at dhill@forthepeople.com. tgilbert@forthepeople.com.
mpanganiban@forthepeople.com, mdick@forthepeople.com, and rkisling@forthepeople.com
and to Kendra B. Therrell, Esquire, Law Offices of Kubicki Draper, 76 South Laura Street, Suite
1400, Jacksonville, FL 32202, via e-service at KBT-KD@kubickidraper.com and to E. Holland
Howanitz, Esquire, Wicker Smith O’Hara Mccoy & Ford P.A., 50 North Laura Street, Suite
2700, Jacksonville, FL 32202, via e-service at JAXcrtpleadings@wickersmith.com on this 15“
day of December, 2022.
Brian M. Guter
Page 3 of 3
EXHIBIT A
AJAY DABAS
JAMES C. DURSTEIN
BRIAN M. GUTER *
Onaw °. fi
A fe LAW_FIRM NATASHA E. JACKSON
KENNETH A. JENKINS
Professional Association ‘TIFFANY M. JONES**
PETER J. KELLOGG *
Serving Central and North Florida \VIVIEN LURLENE
JAMES D. MORGAN *
JERILYNN M. O'HARA
SHANNON P. POSADA
MICHAELP. REGAN, JR+
RAYMOND L. ROEBUCK.
MARGARETE. D. SI
J. STEPHEN O'HARA, JR 1950-2020
* Alsolicensed in Georgie
**Based in Orlando
++ Board Certified Civil Trial Lawyer
November 15, 2022
VIA E-MAIL dhill@forthepeople.com
Devan Hill, Esquire
Morgan & Morgan, P.A.
501 Riverside Avenue, Suite 1200
Jacksonville, FL 32202
RE: Mitchell v. Dennis
Duval Cir. Ct. Case No.: 2022-CA-4328
AFICS Claim No.: 01-004-572102
AFICS Insured: Tracy Furr
Date of Loss: April 7, 2022
Our File No.: 268-024
Dear Ms. Hill:
Ihave reviewed the Plaintiff's Motion for Leave to Amend the Complaint. I have no
objection thereto. Can you tell me the Turbeville and Green settlement amounts?
On another note, I see that we propounded discovery on September 22, 2022, and to-date,
I don’t believe that I have received any response. Please provide me with your clients’ discovery
responses within 10 days of this letter. Of course, if you need additional time, please feel free to
let me know. I remain,
Sincerely,
Brian M. Guter
BMG/
4811 Beach Boulevard, Suite 303, Jacksonville, Florida 32207
Telephone 904-346-3166; Facsimile 904-346-5445
www.oharalawfirm.com
Sand LAW _FIRM
November 15, 2022 Professional Association
Page 2
ce: Ms. Lindsay Dennis
Mr. Tommy Gambrell, AFICS
4811 Beach Boulevard, Suite 303, Jacksonville, Florida 32207
Telephone 904-346-3166; Facsimile 904-346-5445
www.oharalawfirm.com
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Filing # 163140148 E-Filed 12/15/2022 03:00:14 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2022-CA-004328 DIVISION: CV-G CLARENCE MITCHELL, Plaintiff, vs. VICTORIA NIKALE GREEN, an individual, JULENE TURBEVILLE, an individual, and LINDSAY TYLER DENNIS, an individual, Defendants. / DEFENDANT LINDSAY DENNIS’ MOTION TO COMPEL Defendant, Lindsay Dennis, pursuant to Rule 1.380, Florida Rules of Civil Procedure, files this Motion to Compel Plaintiff, Clarence Mitchell, to respond to Defendant’s initial Request for Production and Interrogatories and moves the Court to enter an Order compelling Plaintiff to respond to said discovery. As grounds, the Defendant states: 1 This lawsuit arises from a motor vehicle accident that occurred on April 7, 2022. Plaintiffs filed suit on July 28, 2022. On September 13, 2022, Defendant filed her Answer. On September 22, 2022, Defendant served her Request for Production and propounded Interrogatories to Plaintiff. Plaintiffs’ responses were due no later than October 22, 2022. With no responses, objections, or requests for additional time, the undersigned counsel reached out to counsel for the Plaintiff seeking to obtain responses to said discovery Page 1 of 3 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/16/2022 03:29:13 PM without judicial intervention on November 15, 2022. See November 15, 2022, letter attached hereto as Exhibit “A.” As of the date of this Motion, Defendant has not received a response to the November 15, 2022, letter or the basic, initial discovery. The aforementioned discovery is necessary to fairly evaluate the Plaintiff’s claims and prohibits the Defendant from properly preparing the defense of this litigation. Pursuant to the First Amended Administrative Order No. 88-2, counsel for the undersigned certifies that he has conferred with counsel for the Plaintiff as detailed above, and to date, the discovery dispute remains unresolved. Wherefore, Defendant respectfully request this Honorable Court enter an Order compelling Plaintiff to respond to Defendant’s Request for Production and Interrogatories, as well as an Order awarding fees and costs associated with seeking said Order. O'HARA LAW FIRM, Professional Association Brian M. Guter Florida Bar No, 113681 Michael P. Regan, Jr. Florida Bar No. 20311 4811 Beach Boulevard, Suite 303 Jacksonville, FL 32207 Telephone (904) 346-3166 Facsimile (904) 346-5445 Service E-Mail: eService@oharalawfirm.com Attorneys for Lindsay Tyler Dennis Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been furnished to Devan Hill, Esquire, Morgan & Morgan, P.A., 501 Riverside Avenue, Suite 1200, Jacksonville, FL 32202, via e- service at dhill@forthepeople.com. tgilbert@forthepeople.com. mpanganiban@forthepeople.com, mdick@forthepeople.com, and rkisling@forthepeople.com and to Kendra B. Therrell, Esquire, Law Offices of Kubicki Draper, 76 South Laura Street, Suite 1400, Jacksonville, FL 32202, via e-service at KBT-KD@kubickidraper.com and to E. Holland Howanitz, Esquire, Wicker Smith O’Hara Mccoy & Ford P.A., 50 North Laura Street, Suite 2700, Jacksonville, FL 32202, via e-service at JAXcrtpleadings@wickersmith.com on this 15“ day of December, 2022. Brian M. Guter Page 3 of 3 EXHIBIT A AJAY DABAS JAMES C. DURSTEIN BRIAN M. GUTER * Onaw °. fi A fe LAW_FIRM NATASHA E. JACKSON KENNETH A. JENKINS Professional Association ‘TIFFANY M. JONES** PETER J. KELLOGG * Serving Central and North Florida \VIVIEN LURLENE JAMES D. MORGAN * JERILYNN M. O'HARA SHANNON P. POSADA MICHAELP. REGAN, JR+ RAYMOND L. ROEBUCK. MARGARETE. D. SI J. STEPHEN O'HARA, JR 1950-2020 * Alsolicensed in Georgie **Based in Orlando ++ Board Certified Civil Trial Lawyer November 15, 2022 VIA E-MAIL dhill@forthepeople.com Devan Hill, Esquire Morgan & Morgan, P.A. 501 Riverside Avenue, Suite 1200 Jacksonville, FL 32202 RE: Mitchell v. Dennis Duval Cir. Ct. Case No.: 2022-CA-4328 AFICS Claim No.: 01-004-572102 AFICS Insured: Tracy Furr Date of Loss: April 7, 2022 Our File No.: 268-024 Dear Ms. Hill: Ihave reviewed the Plaintiff's Motion for Leave to Amend the Complaint. I have no objection thereto. Can you tell me the Turbeville and Green settlement amounts? On another note, I see that we propounded discovery on September 22, 2022, and to-date, I don’t believe that I have received any response. Please provide me with your clients’ discovery responses within 10 days of this letter. Of course, if you need additional time, please feel free to let me know. I remain, Sincerely, Brian M. Guter BMG/ 4811 Beach Boulevard, Suite 303, Jacksonville, Florida 32207 Telephone 904-346-3166; Facsimile 904-346-5445 www.oharalawfirm.com Sand LAW _FIRM November 15, 2022 Professional Association Page 2 ce: Ms. Lindsay Dennis Mr. Tommy Gambrell, AFICS 4811 Beach Boulevard, Suite 303, Jacksonville, Florida 32207 Telephone 904-346-3166; Facsimile 904-346-5445 www.oharalawfirm.com