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Filing # 155488178 E-Filed 08/17/2022 09:40:26 AM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR LAKE
COUNTY, FLORIDA
ERLENE FEDRICK,
Plaintiff,
vs.
CASE NO: 2022-CA-754
PATRICK DONALD HENES and ARCH CIVIL DIVISION
INSURANCE COMPANY, a Foreign Profit
Corporation,
Defendants
/
DEFENDANT'S MOTION TO COMPEL DISCOVERY
Defendant, PATRICK DONALD HENES, by and through the undersigned counsel, and
pursuant to Fla. R. Civ. P. 1.380, hereby moves to compel discovery, and states:
1 On or about May 20, 2022, Defendant served upon ERLENE FEDRICK the
following discovery requests: Interrogatories and Request for Production.
2. Responses to the aforementioned discovery are overdue and to date, ERLENE
FEDRICK has failed to respond or object to the above-referenced discovery.
3 Counsel for Defendant previously advised Counsel for ERLENE FEDRICK by
letter, that the discovery responses were overdue. A copy of this letter is attached hereto as
Exhibit “A”.
4 As of this date, no responses or objections have been received.
5 The aforementioned discovery is necessary to properly prepare the defense of this
litigation.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 08/17/2022 09:41:13 AM
CASE NO: 2022-CA-754
6 Movant counsel certifies that a good faith effort was made to obtain the discovery
without Court action, and that Movant counsel has conferred or attempted to confer with counsel
for ERLENE FEDRICK in an effort to secure the requested discovery without Court action.
WHEREFORE, it is requested that the Court enter an Order compelling ERLENE
FEDRICK to answer the aforementioned discovery, and further, that the Court award Defendant,
PATRICK DONALD HENES, costs, including attorney’s fees, associated with the preparation
and hearing of this Motion.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished via E-Mail on August 12, 2022 to Devry R. Kelley, Esquire, Dan Newlin & Partners
(Orlando), Attorney for Plaintiff, Erlene Fedrick,
Devry.pleadings@newlinlaw.com;Devry.Kelley@newlinlaw.com;Patricia.Croc@newlinlaw.com
, (321) 234-3859/(863) 225-9853 (F).
Law Office of Terryl Blackmon Walker
Attorneys for Defendant
901 N. Lake Destiny Rd., Suite 105
Maitland, FL 32751
(407) 618-8935 (Asst.)/(407) 949-3450 (Direct)
Fax: (866) 516-8617
SERVICE DESIGNATIONS:
Primary: NOFLBI@progressive.com
Secondary akapsall@progressive.com
Myla Kapsates
B
: AYDA KAPSALES, ESQUIRE
Florida Bar No. 98224
“Salaried Employees of Progressive Casualty Insurance Company’
EXHIBIT "A"
LAW OFFICE OF TERRYL BLACKMON WALKER
Not a Partnership, Not a Corporation
901 N. LAKE DESTINY RD., SUITE 105
MAITLAND, FL 32751
Ayda Kapsales, Esquire
Direct Dial: (407) 949-3450
akapsall@progressive.com SALARIED EMPLOYEES OF
PROGRESSIVE CASUALTY
Facsimile: (866) 516-8617
INSURANCE COMPANY
July 18, 2022
VIA EMAIL ONLY
Devry R. Kelley, Esquire
Dan Newlin & Partners (Orlando)
7335 W. Sand Lake Road, Suite 300
Orlando, FL 32819
RE: Erlene Fedrick vs. Patrick Henes and Arch Insurance
Case No: 2022-CA-754
Claim No: 203799133
Dear Ms. Kelley:
Please accept this correspondence as my good faith attempt to resolve a pending discovery dispute.
On May 20, 2022, I forwarded to your client, Erlene Fedrick, Interrogatories and Request to
Produce. To date, I have not received the discovery responses.
I would request that you contact me concerning the reason for your delay or forward your
responses. IfI do not hear from you or receive the discovery responses within ten (10) days of the
date of this correspondence, I will file the attached draft Motion to Compel, and then set for
hearing, the referenced Motion.
I look forward to hearing from you or receiving your responses.
Very truly yours,
yl Kapsates
Ayda Kapsales, Esquire
AK/ska
Enclosure(s)
cc: Troy Beecher, Esq.
Goldberg Segalla
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Filing # 155488178 E-Filed 08/17/2022 09:40:26 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA ERLENE FEDRICK, Plaintiff, vs. CASE NO: 2022-CA-754 PATRICK DONALD HENES and ARCH CIVIL DIVISION INSURANCE COMPANY, a Foreign Profit Corporation, Defendants / DEFENDANT'S MOTION TO COMPEL DISCOVERY Defendant, PATRICK DONALD HENES, by and through the undersigned counsel, and pursuant to Fla. R. Civ. P. 1.380, hereby moves to compel discovery, and states: 1 On or about May 20, 2022, Defendant served upon ERLENE FEDRICK the following discovery requests: Interrogatories and Request for Production. 2. Responses to the aforementioned discovery are overdue and to date, ERLENE FEDRICK has failed to respond or object to the above-referenced discovery. 3 Counsel for Defendant previously advised Counsel for ERLENE FEDRICK by letter, that the discovery responses were overdue. A copy of this letter is attached hereto as Exhibit “A”. 4 As of this date, no responses or objections have been received. 5 The aforementioned discovery is necessary to properly prepare the defense of this litigation. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 08/17/2022 09:41:13 AM CASE NO: 2022-CA-754 6 Movant counsel certifies that a good faith effort was made to obtain the discovery without Court action, and that Movant counsel has conferred or attempted to confer with counsel for ERLENE FEDRICK in an effort to secure the requested discovery without Court action. WHEREFORE, it is requested that the Court enter an Order compelling ERLENE FEDRICK to answer the aforementioned discovery, and further, that the Court award Defendant, PATRICK DONALD HENES, costs, including attorney’s fees, associated with the preparation and hearing of this Motion. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished via E-Mail on August 12, 2022 to Devry R. Kelley, Esquire, Dan Newlin & Partners (Orlando), Attorney for Plaintiff, Erlene Fedrick, Devry.pleadings@newlinlaw.com;Devry.Kelley@newlinlaw.com;Patricia.Croc@newlinlaw.com , (321) 234-3859/(863) 225-9853 (F). Law Office of Terryl Blackmon Walker Attorneys for Defendant 901 N. Lake Destiny Rd., Suite 105 Maitland, FL 32751 (407) 618-8935 (Asst.)/(407) 949-3450 (Direct) Fax: (866) 516-8617 SERVICE DESIGNATIONS: Primary: NOFLBI@progressive.com Secondary akapsall@progressive.com Myla Kapsates B : AYDA KAPSALES, ESQUIRE Florida Bar No. 98224 “Salaried Employees of Progressive Casualty Insurance Company’ EXHIBIT "A" LAW OFFICE OF TERRYL BLACKMON WALKER Not a Partnership, Not a Corporation 901 N. LAKE DESTINY RD., SUITE 105 MAITLAND, FL 32751 Ayda Kapsales, Esquire Direct Dial: (407) 949-3450 akapsall@progressive.com SALARIED EMPLOYEES OF PROGRESSIVE CASUALTY Facsimile: (866) 516-8617 INSURANCE COMPANY July 18, 2022 VIA EMAIL ONLY Devry R. Kelley, Esquire Dan Newlin & Partners (Orlando) 7335 W. Sand Lake Road, Suite 300 Orlando, FL 32819 RE: Erlene Fedrick vs. Patrick Henes and Arch Insurance Case No: 2022-CA-754 Claim No: 203799133 Dear Ms. Kelley: Please accept this correspondence as my good faith attempt to resolve a pending discovery dispute. On May 20, 2022, I forwarded to your client, Erlene Fedrick, Interrogatories and Request to Produce. To date, I have not received the discovery responses. I would request that you contact me concerning the reason for your delay or forward your responses. IfI do not hear from you or receive the discovery responses within ten (10) days of the date of this correspondence, I will file the attached draft Motion to Compel, and then set for hearing, the referenced Motion. I look forward to hearing from you or receiving your responses. Very truly yours, yl Kapsates Ayda Kapsales, Esquire AK/ska Enclosure(s) cc: Troy Beecher, Esq. Goldberg Segalla