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IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
AMERICAN SECURITY
GENERAL JURISDICTION DIVISION
INSTALLERS, INC., a Florida
corporation, CASE NO. 50-2008 CA 002146XXXXMB AH
Plaintiff, 3
3
vs. =
wa 7
nN
PRIME INVESTORS AND oe
DEVELOPERS, INC., a Florida 2:
corporation, =
Defendant. + ©
/
PLAINTIFF’S SECOND EX PARTE MOTION TO COMPEL RESPONSES TO
REQUEST FOR PRODUCTION AND REQUEST FOR INSPECTION
Plaintiff, AMERICAN SECURITY INSTALLERS, INC. (hereinafter referred to as
“Plaintiff’), by and through undersigned counsel and pursuant to Florida Rules of Civil Procedure §
1.380 and Local Rule 5.011(B), files their Second Ex Parte Motion to Compel Defendant’s, PRIME
INVESTORS AND DEVELOPERS, INC., (hereinafter “Defendant”), responses to Plaintiff's
Request for Production and Request for Entry to Property for Inspection, both dated March 20,
2008, and states as follows:
1. On or about March 20, 2008, Plaintiff served its first Request for Production and
Request for Entry to Property for Inspection on Defendant.
2. On or about May 12, 2008, Plaintiff filed its first Ex-Parte Motion to Compel
Tesponses to Plaintiff's Request for Production and Request for Entry to Property for Inspection,
both dated March 20, 2008.
3. On or about May 16, 2008, this Court entered an Order granting Plaintiff's Request.4. To date, Defendant has completely failed to abide by the May 16, 2008 Order and
has failed to respond to Plaintiff's first Request for Production and Request for Entry to Property for
Inspection.
5. Defendant has failed to contact the undersigned to request an extension of time to
respond to Plaintiff's first Request for Production and Request for Entry to Property for Inspection
and has further failed to file a Motion for Extension of Time to respond to same.
6. Additionally, Defendant has failed to object to Plaintiff's discovery requests.
7. Pursuant to Florida Rules of Civil Procedure § 1.380, when a party fails to respond to
discovery requests, the discovering party may move for an order compelling a response to the
discovering party’s request.
8. Pursuant to Local Rule 5.011(B), “when a motion to compel alleges a complete
failure to respond or object to discovery, and there has been no request for extension, an ex parte
order may be entered requiring compliance with the original discovery demand within ten (10) days
of the signing of the order.”
9. Accordingly, Plaintiff requests that this Honorable Court issue an Order requiring
Defendant serve its response to Plaintiff's first Request for Production and provide available dates
for inspection within 10 days of the date of the Order requiring Plaintiff to do so.
WHEREFORE, Plaintiff, AMERICAN SECURITY INSTALLERS, INC., respectfully
requests that this Honorable Court issue an Order requiring Defendant, PRIME INVESTORS AND
DEVELOPERS, INC., to respond to Plaintiff's Request for Production and Request for Entry to
Property for Inspection within 10 days of the date of the Order requiring Defendant to do so in
addition to any further relief that this Court deems just and proper.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. Mail
to Steven B. Greenfield, Esq. of Steven B. Greenfield, P.A., located at 7000 W. Palmetto Park
Road, Suite 402, Boca Raton, Florida 33433 on this@U™ day of August, 2008.
OSTRZENSKI & STRICKLIN, P.A.
Attorneys for Plaintiff
900 E. Hillsboro Boulevard, Suite A
Deerfield Beach, Florida 33441
Telephone: (954) 229-2468
Telecopy: 54) 229-2546
By:
Bartosz A. Ostrzenski, Esq.
Florida Bar No. 597600
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IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA AMERICAN SECURITY GENERAL JURISDICTION DIVISION INSTALLERS, INC., a Florida corporation, CASE NO. 50-2008 CA 002146XXXXMB AH Plaintiff, 3 3 vs. = wa 7 nN PRIME INVESTORS AND oe DEVELOPERS, INC., a Florida 2: corporation, = Defendant. + © / PLAINTIFF’S SECOND EX PARTE MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION AND REQUEST FOR INSPECTION Plaintiff, AMERICAN SECURITY INSTALLERS, INC. (hereinafter referred to as “Plaintiff’), by and through undersigned counsel and pursuant to Florida Rules of Civil Procedure § 1.380 and Local Rule 5.011(B), files their Second Ex Parte Motion to Compel Defendant’s, PRIME INVESTORS AND DEVELOPERS, INC., (hereinafter “Defendant”), responses to Plaintiff's Request for Production and Request for Entry to Property for Inspection, both dated March 20, 2008, and states as follows: 1. On or about March 20, 2008, Plaintiff served its first Request for Production and Request for Entry to Property for Inspection on Defendant. 2. On or about May 12, 2008, Plaintiff filed its first Ex-Parte Motion to Compel Tesponses to Plaintiff's Request for Production and Request for Entry to Property for Inspection, both dated March 20, 2008. 3. On or about May 16, 2008, this Court entered an Order granting Plaintiff's Request.4. To date, Defendant has completely failed to abide by the May 16, 2008 Order and has failed to respond to Plaintiff's first Request for Production and Request for Entry to Property for Inspection. 5. Defendant has failed to contact the undersigned to request an extension of time to respond to Plaintiff's first Request for Production and Request for Entry to Property for Inspection and has further failed to file a Motion for Extension of Time to respond to same. 6. Additionally, Defendant has failed to object to Plaintiff's discovery requests. 7. Pursuant to Florida Rules of Civil Procedure § 1.380, when a party fails to respond to discovery requests, the discovering party may move for an order compelling a response to the discovering party’s request. 8. Pursuant to Local Rule 5.011(B), “when a motion to compel alleges a complete failure to respond or object to discovery, and there has been no request for extension, an ex parte order may be entered requiring compliance with the original discovery demand within ten (10) days of the signing of the order.” 9. Accordingly, Plaintiff requests that this Honorable Court issue an Order requiring Defendant serve its response to Plaintiff's first Request for Production and provide available dates for inspection within 10 days of the date of the Order requiring Plaintiff to do so. WHEREFORE, Plaintiff, AMERICAN SECURITY INSTALLERS, INC., respectfully requests that this Honorable Court issue an Order requiring Defendant, PRIME INVESTORS AND DEVELOPERS, INC., to respond to Plaintiff's Request for Production and Request for Entry to Property for Inspection within 10 days of the date of the Order requiring Defendant to do so in addition to any further relief that this Court deems just and proper.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. Mail to Steven B. Greenfield, Esq. of Steven B. Greenfield, P.A., located at 7000 W. Palmetto Park Road, Suite 402, Boca Raton, Florida 33433 on this@U™ day of August, 2008. OSTRZENSKI & STRICKLIN, P.A. Attorneys for Plaintiff 900 E. Hillsboro Boulevard, Suite A Deerfield Beach, Florida 33441 Telephone: (954) 229-2468 Telecopy: 54) 229-2546 By: Bartosz A. Ostrzenski, Esq. Florida Bar No. 597600