On May 24, 2021 a
Party Discovery
was filed
involving a dispute between
Elite Health Investments, Inc,
Usa Medicare Advisors Insurance Agency Llc,
and
Elite Health Investents Inc,
Usa Medicare Advisors Insurance Agency Llc,
for 3
in the District Court of Broward County.
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Filing# 140108010 E-Filed 12/10/2021 10:28:59 AM
USA MEDICARE ADVISORS INSURANCE THE CIRCUIT COURT OF THE 17TH
IN
AGENCY LLC, a Florida Limited Liability JUDICIAL CIRCUIT IN AND FOR
Company, BROWARD COUNTY, FLORIDA
Plaintiffs, CASE NO: CACE-21-010364
VS.
ELITE HEALTH INVESTMENTS, INC., a
Florida Profit Corporation,
Defendant.
DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST
REQUEST FOR ADMISSIONS
The Defendant, ELITE HEALTH INVESTMENTS, INC. ("ELITE"), by and through
undersigned counsel, files its Responses and Objections to Plaintiffs First Request for
Admissions as follows:
1. Admit that Exhibit B
of the Complaint is a true, correct, and accurate
countersigned copy of the Agreement.
Response: Admitted.
2. Admit that Exhibit C
of the Complaint contains true, correct, and accurate
invoices for lead marketing materials that You purchased and received.
Response: Denied as phrased.
3. Admit that at least one of the following Elite agents solicited,negotiated, or
sold Medicare insurance for a person or entity other than UMA between
October 26,2020, and February 8, 2021: Cody Lucas, Zachary Polumbo,
Paul Nur, Jessi Park, Susan Miller,and John O. Sullivan.
Response: Denied as phrased.
4. Admit that You typicallyconducted an average of 6,000 calls a day during
the term of the Agreement.
Response: Denied as phrased.
5. Admit that you typically contacted, called, or otherwise used a lead
marketing material within three (3) working days of receiving the same.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/10/2021 10:28:59 AM.****
Response: Denied as phrased.
6. Admit that there is no contract between Elite and UMA governing the
payment of commission bonuses.
Response: Denied as phrased.
7. Admit that there is no contract requiring UMA to pay Elite any commission
bonuses it receives for policiessold by Elite.
Response: Denied as phrased.
8. Admit that you have no evidence that UMA was required or obligated to pay
you a commission bonus.
Response: Denied as phrased.
9. Admit that you have never received a commission bonus from UMA.
Response: Denied as phrased.
10. Admit you contacted, called, or otherwise used all of the unpaid
that
marketing materials identified in Paragraph 21 and Exhibit C of the
Complaint.
Response: Denied.
11. Admit that you had unfettered access to the unpaid marketing materials
identified in Paragraph 21 and Exhibit C of the Complaint for at least 3 days
before your access to the same was terminated.
Response: Denied as phrased.
12. Admit that you received your last lead marketing material from UMA on
February 4, 2021.
Response: Denied as phrased.
13. Admit that you have no evidence from any carrier or other third-party
evidencing that UMA owes you $214,460.00 in unpaid commissions.
Response: Denied as phrased.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
via the e-portal to: Veronika Balbuzanova, Esq., Johnson IDalal, 111 N. Pine Island Road,
Suite 103, Plantation, FL 33324; (Vb@Johnsondalal.corn; on :
December 10,2021
BECK LAW, P.A.
901 Clint Moore Road, Suite C
Boca Raton, FL 33487
Tel: (561) 990-1647
Fax: (561) 717-9673
By: /s/ JOSHUA S. BECK, ESQ.
FloridaBar No.- 040659
Primary E-Mail: pleadinqs@jbecklawpa.corn
Secondary E-Mail: beck@becklawpa.corn
Attorney for Defendant/Counter-Plaintiff
Document Filed Date
December 10, 2021
Case Filing Date
May 24, 2021
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Filing# 140108010 E-Filed 12/10/2021 10:28:59 AM USA MEDICARE ADVISORS INSURANCE THE CIRCUIT COURT OF THE 17TH IN AGENCY LLC, a Florida Limited Liability JUDICIAL CIRCUIT IN AND FOR Company, BROWARD COUNTY, FLORIDA Plaintiffs, CASE NO: CACE-21-010364 VS. ELITE HEALTH INVESTMENTS, INC., a Florida Profit Corporation, Defendant. DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS The Defendant, ELITE HEALTH INVESTMENTS, INC. ("ELITE"), by and through undersigned counsel, files its Responses and Objections to Plaintiffs First Request for Admissions as follows: 1. Admit that Exhibit B of the Complaint is a true, correct, and accurate countersigned copy of the Agreement. Response: Admitted. 2. Admit that Exhibit C of the Complaint contains true, correct, and accurate invoices for lead marketing materials that You purchased and received. Response: Denied as phrased. 3. Admit that at least one of the following Elite agents solicited,negotiated, or sold Medicare insurance for a person or entity other than UMA between October 26,2020, and February 8, 2021: Cody Lucas, Zachary Polumbo, Paul Nur, Jessi Park, Susan Miller,and John O. Sullivan. Response: Denied as phrased. 4. Admit that You typicallyconducted an average of 6,000 calls a day during the term of the Agreement. Response: Denied as phrased. 5. Admit that you typically contacted, called, or otherwise used a lead marketing material within three (3) working days of receiving the same. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/10/2021 10:28:59 AM.**** Response: Denied as phrased. 6. Admit that there is no contract between Elite and UMA governing the payment of commission bonuses. Response: Denied as phrased. 7. Admit that there is no contract requiring UMA to pay Elite any commission bonuses it receives for policiessold by Elite. Response: Denied as phrased. 8. Admit that you have no evidence that UMA was required or obligated to pay you a commission bonus. Response: Denied as phrased. 9. Admit that you have never received a commission bonus from UMA. Response: Denied as phrased. 10. Admit you contacted, called, or otherwise used all of the unpaid that marketing materials identified in Paragraph 21 and Exhibit C of the Complaint. Response: Denied. 11. Admit that you had unfettered access to the unpaid marketing materials identified in Paragraph 21 and Exhibit C of the Complaint for at least 3 days before your access to the same was terminated. Response: Denied as phrased. 12. Admit that you received your last lead marketing material from UMA on February 4, 2021. Response: Denied as phrased. 13. Admit that you have no evidence from any carrier or other third-party evidencing that UMA owes you $214,460.00 in unpaid commissions. Response: Denied as phrased. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via the e-portal to: Veronika Balbuzanova, Esq., Johnson IDalal, 111 N. Pine Island Road, Suite 103, Plantation, FL 33324; (Vb@Johnsondalal.corn; on : December 10,2021 BECK LAW, P.A. 901 Clint Moore Road, Suite C Boca Raton, FL 33487 Tel: (561) 990-1647 Fax: (561) 717-9673 By: /s/ JOSHUA S. BECK, ESQ. FloridaBar No.- 040659 Primary E-Mail: pleadinqs@jbecklawpa.corn Secondary E-Mail: beck@becklawpa.corn Attorney for Defendant/Counter-Plaintiff