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Filing # 166028510 E-Filed 02/02/2023 03:52:14 PM
IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT,
IN AND FOR PINELLAS COUNTY, FLORIDA
CASE NO.: 23-000460-CI
LUCIAN and ANDREA ZALESKI,
Plaintiffs,
v.
NATIONAL GENERAL INSURANCE COMPANY,
Defendant.
_________________________________________________/
DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND OBJECTIONS
TO PLAINTIFFS== DISCOVERY SERVED WITH PLAINTIFFS== COMPLAINT
Defendant, NATIONAL GENERAL INSURANCE COMPANY (hereinafter,
ADefendant@), hereby moves this Court for the entry of a Protective Order with regard to
Plaintiffs= discovery served with Plaintiffs= Complaint and otherwise serves these
Objections to Plaintiffs= discovery and states the following:
1. On February 1, 2023, Plaintiffs served Defendant with a Complaint (hereinafter,
the AComplaint@). The Complaint purports to set forth a cause of action for breach
of an insurance contract.
2. In response to the Complaint, Defendant has filed a Motion to Dismiss asserting
inter alia, that Plaintiffs have failed to name the correct party Defendant and have
failed to attach a copy of the insurance contract.
3. Plaintiffs have served First Interrogatories, First Request for Production and
Requests for Admissions (collectively, the ADiscovery@) with the Complaint in this
matter.
4. Until Defendant=s Motion to Dismiss is resolved, Defendant should not be called
***ELECTRONICALLY FILED 02/02/2023 03:52:14 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
CASE NO.: 23-000460-CI
upon to respond to the Discovery, as the mere filing of responses to the Discovery
could arguably waive Defendant=s arguments raised in the Motion to Dismiss.
See, generally, Fla. R. Civ. P. 1.280.
5. Moreover, because of the pleading deficiencies in the Complaint, including
whether Plaintiffs can advance any claims, Defendant objects to Plaintiffs= First
Interrogatories (1 through 13), First Request for Production (1 through 34) and First
Requests for Admissions (1 through 7) in their entirety as being ambiguous,
improper, compound, over broad, argumentative, irrelevant and immaterial to any
issue related to Plaintiffs= claim as currently pled.
6. Defendant also objects to the extent the discovery seeks work product privileged
and business/proprietary/trade secret information not discoverable in a first party
action. See Castle Key Ins. Co. v. Benitez, 124 So.3d 379 (Fla. 3d DCA 2013)
and State Farm Ins. Co. v. Aloni, 101 So.3d 412 (Fla. 4th DCA 2012).
7. Defendant reserves any further objections as may be applicable pending resolution
of the Motion to Dismiss currently before this Court.
8. This motion is made in good faith and is not for the purpose of undue delay or
harassment.
9. This Motion is timely filed.
WHEREFORE, Defendant, NATIONAL GENERAL INSURANCE COMPANY,
respectfully requests this Honorable Court for the entry of an Order protecting Defendant
from having to respond to Plaintiffs= First Interrogatories, First Request for Production and
2
CASE NO.: 23-000460-CI
First Requests for Admissions served with the Summons and Complaint, or alternatively,
an extension of thirty (30) days to respond to this discovery, including objections, from
the date Defendant is required to answer Plaintiffs’ Complaint or any subsequent
Amended Complaint. Defendant further requests this Court grant any and all further
relief as may be just, proper and appropriate under the circumstances.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via E-Filing Portal to: John Windle, Esq., Cohen Law Group, 350 North Lake
Destiny Road, Maitland, FL 32751 (iwindle@itsaboutiustice.law;
rhaire@itsaboutiusticeJaw ), this 2nd day of February, 2023.
By: /s/ Charles Andrew Tharp
Charles Andrew Tharp, Esquire
Florida Bar No.: 0746134
WYLAND & TADROS, LLP
Attorneys for Defendant
2505 Metrocentre Boulevard, 2nd Floor
West Palm Beach, FL 33407
(561) 275-2990 - Office
(561) 275-2991 - Facsimile
Atharp‘Ca)wvl‘a.ndtadros.cdm-
primary -
Wstraus@wy|a’nd?tadros.com-secondary
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Filing # 166028510 E-Filed 02/02/2023 03:52:14 PM IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO.: 23-000460-CI LUCIAN and ANDREA ZALESKI, Plaintiffs, v. NATIONAL GENERAL INSURANCE COMPANY, Defendant. _________________________________________________/ DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND OBJECTIONS TO PLAINTIFFS== DISCOVERY SERVED WITH PLAINTIFFS== COMPLAINT Defendant, NATIONAL GENERAL INSURANCE COMPANY (hereinafter, ADefendant@), hereby moves this Court for the entry of a Protective Order with regard to Plaintiffs= discovery served with Plaintiffs= Complaint and otherwise serves these Objections to Plaintiffs= discovery and states the following: 1. On February 1, 2023, Plaintiffs served Defendant with a Complaint (hereinafter, the AComplaint@). The Complaint purports to set forth a cause of action for breach of an insurance contract. 2. In response to the Complaint, Defendant has filed a Motion to Dismiss asserting inter alia, that Plaintiffs have failed to name the correct party Defendant and have failed to attach a copy of the insurance contract. 3. Plaintiffs have served First Interrogatories, First Request for Production and Requests for Admissions (collectively, the ADiscovery@) with the Complaint in this matter. 4. Until Defendant=s Motion to Dismiss is resolved, Defendant should not be called ***ELECTRONICALLY FILED 02/02/2023 03:52:14 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** CASE NO.: 23-000460-CI upon to respond to the Discovery, as the mere filing of responses to the Discovery could arguably waive Defendant=s arguments raised in the Motion to Dismiss. See, generally, Fla. R. Civ. P. 1.280. 5. Moreover, because of the pleading deficiencies in the Complaint, including whether Plaintiffs can advance any claims, Defendant objects to Plaintiffs= First Interrogatories (1 through 13), First Request for Production (1 through 34) and First Requests for Admissions (1 through 7) in their entirety as being ambiguous, improper, compound, over broad, argumentative, irrelevant and immaterial to any issue related to Plaintiffs= claim as currently pled. 6. Defendant also objects to the extent the discovery seeks work product privileged and business/proprietary/trade secret information not discoverable in a first party action. See Castle Key Ins. Co. v. Benitez, 124 So.3d 379 (Fla. 3d DCA 2013) and State Farm Ins. Co. v. Aloni, 101 So.3d 412 (Fla. 4th DCA 2012). 7. Defendant reserves any further objections as may be applicable pending resolution of the Motion to Dismiss currently before this Court. 8. This motion is made in good faith and is not for the purpose of undue delay or harassment. 9. This Motion is timely filed. WHEREFORE, Defendant, NATIONAL GENERAL INSURANCE COMPANY, respectfully requests this Honorable Court for the entry of an Order protecting Defendant from having to respond to Plaintiffs= First Interrogatories, First Request for Production and 2 CASE NO.: 23-000460-CI First Requests for Admissions served with the Summons and Complaint, or alternatively, an extension of thirty (30) days to respond to this discovery, including objections, from the date Defendant is required to answer Plaintiffs’ Complaint or any subsequent Amended Complaint. Defendant further requests this Court grant any and all further relief as may be just, proper and appropriate under the circumstances. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via E-Filing Portal to: John Windle, Esq., Cohen Law Group, 350 North Lake Destiny Road, Maitland, FL 32751 (iwindle@itsaboutiustice.law; rhaire@itsaboutiusticeJaw ), this 2nd day of February, 2023. By: /s/ Charles Andrew Tharp Charles Andrew Tharp, Esquire Florida Bar No.: 0746134 WYLAND & TADROS, LLP Attorneys for Defendant 2505 Metrocentre Boulevard, 2nd Floor West Palm Beach, FL 33407 (561) 275-2990 - Office (561) 275-2991 - Facsimile Atharp‘Ca)wvl‘a.ndtadros.cdm- primary - Wstraus@wy|a’nd?tadros.com-secondary