Party Discovery: Nationstar Mortgage LLC vs Thoma, John Michael, Jr

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                                Filing # 45519016 E-Filed 08/22/2016 03:24:42 PM

                        IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
                               IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

         NATIONSTAR MORTGAGE                  LLC,

                    Plaintiff,
                                                                             Case No. 13-CA-014646-N
         v

         JOHN MICHAEL             THOMA, JR., et. al.

                    Defendants,
                                                                      /

                                  MOTION TO SET ASIDE TECHNICAL ADMISSIONS

                    Defendants, JOHN MICHAEL THOMA, JR., move this Court for leave to vacate technical

         admissions, and would show:

                    1        Plaintiff served its first Request for Admissions on July 1, 2016 combined with

             Plaintiff's First Request for Production and Plaintiff's First Set of Interrogatories to Defendants.

                   2         Due to a clerical error made by the staff of the undersigned the deadline for serving

         the responses upon Plaintiff was not properly calendared and therefore passed without the filing

         of Defendants’ responses as required, through no fault of the Defendants.

                    3        Plaintiff has not filed a Motion to Compel answers to the Request for Admissions.

                   4         Defendants have filed its Response to First Request for Admissions on August 3,

         2016.

                   5         Defendants   file the instant   motion       seeking   the Court’s   approval   to have   the

         contemporaneously filed Response to Plaintiffs Request for Admissions deemed filed timely.

                   6         The Courts of this state have consistently favored the liberal application of relieving

         a party from the effect of technical admissions in favor of disposition on the merits,                Ramos v.

         Growing Together Inc., 672 So.2d 103 (Fla. 4th DCA                1996).
                   7
                             Plaintiff will suffer no prejudice as a result of the attached responses being deemed

         filed as timely, whereas the Defendants would be severely prejudiced if the technical admissions




                          08/22/2016 3:24 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
remain.

          WHEREFORE      Defendants respectfully request this Court enter an Order Granting Leave

to file the attached responses to the Plaintiff's Request for Admissions and deeming the responses

timely filed.

                                 CERTIFICATE       OF SERVICE
        I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
email to: HEATHER L. FESNAK, ESQUIRE, LESLIE K. SCHULTZ-KIN, ESQUIRE and
WILLIAM      P. HELLER, ESQUIRE, Akerman LLP, at heather.fesnak@akerman.com,
leslieshultz-kin@akerman.com, marykay.siegel@akerman.com,       William heller@akerman.com
and Lorraine.corsaro@akerman.com, counsel for Plaintiff, and JULEE K. VANCE, ESQUIRE,
Shapiro, Fishman & Gache, LLP, at SFGTampaService@logs.com (Co-counsel for Plaintiff);
and via U.S. Mail to:    BRENDA     RHEA    f/k/a UNKNOWN        PARTY      #2, 4507 Mohican   Trail,
Valrico, FL 33594 at servealaw@albertellilaw.com to Albertelli Law, on this 22"! day of August,
2016.

                                                      /s/ Jason Clark, Esq.
                                                     Mark P. Stopa, Esquire
                                                     FBN: 550507
                                                     Jason Clark, Esquire
                                                     FBN: 115936
                                                     STOPA LAW FIRM
                                                     2202 N. Westshore Blvd.
                                                     Suite 200
                                                     Tampa, FL 33607
                                                     Telephone: (727) 851-9551
                                                     foreclosurepleadings@stopalawfirm.com
                                                     ATTORNEY FOR DEFENDANT(S)




                08/22/2016 3:24 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2