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Filing # 191979332 E-Filed 02/14/2024 04:22:30 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2020 CA 002872 AN
ASBEL ALEXANDER LLERENA,
Plaintiff,
v.
ADRIAN RODRIGUEZ CHAVEZ AND
GRANNY'S GARDEN II, INC.,
Defendants.
_______________________________/
MOTION TO COMPEL PLAINTIFF TO RESPOND TO DEFENDANTS SECOND SET
OF EXPERT INTERROGATORIES, SECOND SET OF BOECHER
INTERROGATORIES AND SECOND EXPERT REQUEST TO PRODUCE
Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC.,
files this Motion to Compel Plaintiff to respond to Defendants Second Set of Expert
Interrogatories, Second Set of Boecher Interrogatories and Second Expert Request to
Produce and in support states as follows:
1. Plaintiff filed the above lawsuit seeking damages allegedly resulting from an
auto mobile accident on or about December 3, 2019.
2. On January 10, 2024, Defendants filed their Second Set of Expert
Interrogatories, Second Set of Boecher Interrogatories and Second Set of Expert Request
to Produce.
3. To date, Plaintiff has failed to respond and/or fully respond to the
Defendants second set of expert discovery requests. Specifically, Defendants require
discovery responses that disclose Dr. Bundy’s financial relationship with Plaintiff’s law
firm in advance of Dr. Bundy’s deposition currently set for March 6, 2024. Defendants
are prejudiced by Plaintiff’s failure to respond to the discovery as it is necessary to
conduct the deposition of Plaintiff’s expert(s).
4. The movant, in good faith, has conferred or attempted to confer with the
Plaintiff in an effort to secure the deposition without court action.
5. This case is set for trial on March 11, 2024 and Defendant is set to conduct
the continuation of Plaintiff’s Life Care Planner Dr. Bundy on March 6, 2024 and requires
this information in advance to adequately prepare and conduct same.
WHEREFORE, Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S
GARDEN II, INC., respectfully request this Court to grant this motion and enter an Order
compelling Plaintiff to fully and completely respond to the Defendants Second Set of
Expert Interrogatories, Second Set of Boecher Interrogatories and Second Expert
Request to Produce within 5 days of the date of the hearing granting the motion, together
with all relief necessary and appropriate under the circumstances, including fees and
costs.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 14th day of February, 2024, a true and correct
copy of the foregoing was filed with the Clerk of Osceola County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan &
Morgan, P.A., malzate@forthepeople.com; imerlos@forthepeople.com;
anajera@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452-
6990/(407) 452-1597 (F), Attorney for Plaintiff, Asbel Alexander Llerena.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant ADRIAN RODRIGUEZ
CHAVEZ AND GRANNY'S GARDEN II, INC.
Tower Place, Suite 400
1900 Summit Tower Boulevard
Orlando, Florida 32810
Telephone (321) 972-0011
Facsimile (321) 972-0099
Primary e-mail: scott.shelton@csklegal.com
Secondary e-mail: gary.lewis@csklegal.com
Alternate e-mail:
sandra.mcintosh@csklegal.com
By: /s/ Gary L. Lewis
SCOTT A. SHELTON
Florida Bar No.: 36486
GARY L. LEWIS
Florida Bar No.: 158887
0487.2384-00
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Filing # 191979332 E-Filed 02/14/2024 04:22:30 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2020 CA 002872 AN ASBEL ALEXANDER LLERENA, Plaintiff, v. ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., Defendants. _______________________________/ MOTION TO COMPEL PLAINTIFF TO RESPOND TO DEFENDANTS SECOND SET OF EXPERT INTERROGATORIES, SECOND SET OF BOECHER INTERROGATORIES AND SECOND EXPERT REQUEST TO PRODUCE Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., files this Motion to Compel Plaintiff to respond to Defendants Second Set of Expert Interrogatories, Second Set of Boecher Interrogatories and Second Expert Request to Produce and in support states as follows: 1. Plaintiff filed the above lawsuit seeking damages allegedly resulting from an auto mobile accident on or about December 3, 2019. 2. On January 10, 2024, Defendants filed their Second Set of Expert Interrogatories, Second Set of Boecher Interrogatories and Second Set of Expert Request to Produce. 3. To date, Plaintiff has failed to respond and/or fully respond to the Defendants second set of expert discovery requests. Specifically, Defendants require discovery responses that disclose Dr. Bundy’s financial relationship with Plaintiff’s law firm in advance of Dr. Bundy’s deposition currently set for March 6, 2024. Defendants are prejudiced by Plaintiff’s failure to respond to the discovery as it is necessary to conduct the deposition of Plaintiff’s expert(s). 4. The movant, in good faith, has conferred or attempted to confer with the Plaintiff in an effort to secure the deposition without court action. 5. This case is set for trial on March 11, 2024 and Defendant is set to conduct the continuation of Plaintiff’s Life Care Planner Dr. Bundy on March 6, 2024 and requires this information in advance to adequately prepare and conduct same. WHEREFORE, Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., respectfully request this Court to grant this motion and enter an Order compelling Plaintiff to fully and completely respond to the Defendants Second Set of Expert Interrogatories, Second Set of Boecher Interrogatories and Second Expert Request to Produce within 5 days of the date of the hearing granting the motion, together with all relief necessary and appropriate under the circumstances, including fees and costs. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 14th day of February, 2024, a true and correct copy of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A., malzate@forthepeople.com; imerlos@forthepeople.com; anajera@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452- 6990/(407) 452-1597 (F), Attorney for Plaintiff, Asbel Alexander Llerena. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC. Tower Place, Suite 400 1900 Summit Tower Boulevard Orlando, Florida 32810 Telephone (321) 972-0011 Facsimile (321) 972-0099 Primary e-mail: scott.shelton@csklegal.com Secondary e-mail: gary.lewis@csklegal.com Alternate e-mail: sandra.mcintosh@csklegal.com By: /s/ Gary L. Lewis SCOTT A. SHELTON Florida Bar No.: 36486 GARY L. LEWIS Florida Bar No.: 158887 0487.2384-00