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61325-7
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
BETTE VERP and MARTIN VERP, her GENERAL JURISDICTION DIVISION
husband,
CASE NO. 50 2008 CA 002451XXXX MB
Plaintiffs,
* FILED
PORTA BELLA YACHT & TENNIS CLUB
CONDOMINIUM ASSOCIATION, a Florida NOV 2 0 2008
corporation, SHARC 8. soe
CLERK & Comp
Defendant. CIRCUIT CIVIL DIVISION
/
MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES
AND RESPONSE TO REQUEST TO PRODUCE
PROPOUNDED ON SEPTEMBER 17, 2008
The Defendant, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM
ASSOCIATION, INC., by and through the undersigned attorneys, requests this Honorable Court
to compel the Plaintiffs, BETTE VERP and MARTIN VERP, to respond to Supplemental
Interrogatories and Request to Produce, and as grounds in support of this motion states:
1 The Defendant propounded Supplemental Interrogatories and Request to Produce
on September 17, 2008. A copy of which is attached as Exhibit “A.”
2. That to date, the Plaintiffs have not responded to the Defendant’s Supplemental
Interrogatories and Request to Produce, nor have the Plaintiffs objected to the same.
3. Defendant has made a good faith attempt to obtain a response from Plaintiffs’
counsel and Plaintiffs’ counsel has declined to respond. See copy of correspondence to Plaintiffs
regarding said discovery attached hereto as Exhibit “B.”
4. The Defendant’s position has been prejudiced by the Plaintiffs’ failure to comply
with discovery.CASE NO. 50 2008 CA 002451XXXX MB
WHEREFORE, the Defendant, PORTA BELLA YACHT & TENNIS CLUB
CONDOMINIUM ASSOCIATION, INC., requests this Court to enter an Order compelling the
Plaintiffs, BETTE VERP and MARTIN VERP, to fully respond to Defendant’s Supplemental
Interrogatories and Request to Produce.
WE HEREBY CERTIFY that a true copy of the foregoing was mailed this 19” day of
November, 2008 to all parties on the attached service list.
WICKER, SMITH, O'HARA, MCCOY &
FORD, P.A.
Attorney for Porta Bella Yacht & Tennis Club
Condominium Association, Inc.
515 E. Las Olas Boulevard
SunTrust Center, Suite 1400
P.O. Box 14460
Ft. Lauderdale, FL 33302
Phone: (954) 847-4800
Fax: (9:
By
‘GMasel@wickersmith.com
Florida Bar No. 26532
Service List
Geri Sue Straus, Esq.
Jacobs & Straus, P.A.
2595 NW Boca Raton Boulevard, #200
Boca Raton, FL 3343161325-7
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
BETTE VERP and MARTIN VERP, her GENERAL JURISDICTION DIVISION
husband,
CASE NO. 50 2008 CA 002451XXXX MB
Plaintiffs,
vs.
PORTA BELLA YACHT & TENNIS
CLUB CONDOMINIUM
ASSOCIATION, a Florida corporation,
Defendant.
/
NOTICE OF SERVING SUPPLEMENTAL INTERROGATORIES TO THE PLAINTIFF
Defendant, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM
ASSOCIATION, INC., propounds the attached supplemental interrogatories to Plaintiffs,
BETTE VERP and MARTIN VERP, her husband, to be responded to within the time and
manner prescribed by Florida Rule of Civil Procedure 1.340.
WE HEREBY CERTIFY that the signed original of this facesheet was filed with
the Court, and that an original of the interrogatories along with a copy of this facesheet
was mailed this_/77” day of September, 2008 to all parties on the attached service
list.
WICKER, SMITH, O'HARA, MCCOY &
FORD, P.A.
Attomeys for Porta Bella Yacht & Tennis Club
Condominium Association, Inc.
515 E. Las Olas Boulevard
SunTrust Center, Suite 1400
P.O. Box 14460
Ft. Lauderdale, FL 33302
Phone: (954) 847-4800
Fax: (954)
By:
Jamey E. Zloch
Florida Bar No. 241776
Gary I. Masel
Florida Bar No. 26532CASE NO. 50 2008 CA 002451XXXX MB
Service List
Geri Sue Straus, Esq.
Jacobs & Straus, P.A.
1098 Northwest Boca Raton Boulevard
Boca Raton, FL 33432CASE NO. 50 2008 CA 002451XXXX MB
SUPPLEMENTAL INTERROGATORIES TO THE PLAINTIFF
(If answering for another person or entity, answer with respect to
that person or entity, unless otherwise stated.)
1. Please state your name and present address.
2. Have you seen any physician, psychiatrist, osteopath, chiropractor, medical
facility such as a hospital, emergency room, or health maintenance organization
or any other health care provider or practitioner of the healing arts since you last
answered interrogatories. If so, for each such health care provider, state their
name, address, telephone number, and_a brief statement of the reason for the
treatment.CASE NO. 50 2008 CA 002451XXXX MB
3. Since you last answered ‘interrogatories, have you been involved in any other
"incidents" (incident is used in its broadest sense to mean any accidental injury such
as an automobile accident, slip and fall, etc.) in which you received injuries, and if
so, for each such incident, please state the date and place it occurred, the names and
addresses of all persons who have knowledge of the incident and the names and
addresses of all persons and health care providers who rendered medical treatment to
you.
4. Please state the name and address of your present employer, the type of work that
you perform for this employer, the names and addresses of all employers that you
have worked for since your deposition was taken or since you last answered
interrogatories and, if you claim that you have lost additional time from work since
your deposition and answers to previous interrogatories, state the period of time for
which you claim you lost compensation, the exact day, month and year and the exact
amount of compensation you claim to have lost for each time period.CASE NO. 50 2008 CA 002451XXXX MB
5. Has your physical and/or mental condition improved or deteriorated since you last
answered interrogatories, and if so, please state in as much detail as possible, the
improvement or deterioration.
6. Please itemize each and every expense you are claiming as damages in this case,
including in your answer, the date and time the expense was incurred and/or paid, to
whom the expense is owed or paid, what the expense was for, and the exact amount
of the expense. (The answer to this question should include all items you claim as
damages in this case with the exception of pain and suffering, future medicals, and
future lost wages or loss of earning potential.)CASE NO. 50 2008 CA 002451XXXX MB
7. Have you, or has anyone on your behalf, filed any lawsuits, made any workmen's
compensation claims, applied for or claimed any personal injury protection benefits,
applied for or received any medical insurance benefits, and if so, for each such
occasion, please provide the names and addresses of all persons who have
information pertaining to these claims and enough information about the claims to
enable this Defendant to obtain the documents substantiating the claims you have
made.
a Amount of each Date of each
Name of Payor Claim Number payment from each payment from each
source sourceCASE NO. 50 2008 CA 002451XXXX MB
STATE OF FLORIDA )
Js.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by _, who is personally known to me
and who did take an oath.
Ss
E
A
L
Signature of person taking acknowledgment
Name of officer taking acknowledgment
Title or rank
Serial number61325-7
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
BETTE VERP and MARTIN VERP, her GENERAL JURISDICTION DIVISION
husband,
CASE NO. 50 2008 CA 002451XXXX MB
Plaintiffs,
vs.
PORTA BELLA YACHT & TENNIS
CLUB CONDOMINIUM
ASSOCIATION, a Florida corporation,
Defendant.
/
REQUEST TO PRODUCE
PURSUANT to Fla. R. Civ. P., 1.350, the Plaintiff, BETTE VERP, is requested to
produce to the Defendant, PORTA BELLA YACHT & TENNIS CLUB
CONDOMINIUM ASSOCIATION, INC., in the time required by Fla. R. Civ. P., 1.350,
_at the offices of the undersigned counsel, the following:
1.°. Update of any and all medical and/or psychological records which relate to, or
concem the Plaintiffs injuries alleged in the Complaint as a result of the subject incident;
which have not been previously produced.
2. Update of any and all medical and/or psychological bills, receipts or invoices
which you contend support, or tend to support your damage claims in this case arising
from the subject incident which have not been previously produced.
3. Update of any and all medical and/or psychological records from any physicians,
doctors, or hospitals who treated the Plaintiff as a result of the subject incident which
have not been previously produced.CASE NO. 50 2008 CA 002451XXXX MB
4. Update of any and all hospital records, nurses notes, doctors notes, progress notes,
radiology reports, MRI films, x-rays, and MRI reports and medical bills for any accidents
in which the Plaintiffs was involved in subsequent to the subject incident, which have not
been previously produced.
5. Update of any and all records to support your wage loss claims and loss of
earning capacity claims including all tax returns and W-2 forms, which have not been
previously produced.
WE HEREBY CERTIFY that a true copy of the foregoing was mailed this
| } day of September, 2008, to all parties on the attached service list.
WICKER, SMITH, O'HARA, MCCOY &
FORD, P.A.
Attorney for Porta Bella Yacht & Tennis Club
515 E. Las Olas Boulevard
SunTrust Center, Suite 1400
P.O. Box 14460
Ft. Lauderdale, FL 33302
Phone: (954) 847-4800
Fax: (954) 760-9353
By:
Florida Bar No. 241776
Gary I. Masel
Florida Bar No. 26532
Geri Sue Straus, Esq.
Jacobs & Straus, P.A.
2595 NW Boca Raton Boulevard, #200
Boca Raton, FL 33431LAW OFFICES
WICKER, SmiTH, O’ Hara
McCoy & Forp, PA.
SUNTRUST CENTER, SUITE 1400
S15 EAST LAS OLAS BOULEVARD
P.O, BOX 14460
Fort LavpERDALE, Froripa 33302
(954) 847-4800
FAX (954) 760-9353
WWW.WICKERSMITH.COM
MIAMI ORLANDO NAPLES
(305) 448-3939 (407) 843-3939 (239) 430-1120
WEST PALM BEACH TAMPA JACKSONVILLE
(S61) 689-3800 (813) 222-3939 (904) 355-0225
November 14, 2008
Via E-mail Only - suestrausesg@aol.com
Geri Sue Straus, Esq.
Jacobs & Straus, P.A. ;
2595 NW Boca Raton Blvd., #200
Boca Raton, FL 33431
RE: Verp, Bette vs. Porta Bella Yacht & Tennis Condominium Association
Our File No.: 61325-7
Dear Sue:
To date we have not received Plaintiffs’ ‘responses to Defendant’s Supplemental
Interrogatories and Request to Produce, dated September 17, 2008, and due on or about October
22, 2008. A check of the online court docket further confirms that you have not filed responses
to the said discovery.
Since the discovery is several weeks over due, we would appreciate receiving your
client’s responses to the said discovery by 5:00 p.m., on Monday, November 17, 2008, or we will
be forced to file a Motion to Compel regarding same.
Thank you for your prompt attention to this matter.
Ye, Wil
Gary asel
GIM/meb
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61325-7 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA BETTE VERP and MARTIN VERP, her GENERAL JURISDICTION DIVISION husband, CASE NO. 50 2008 CA 002451XXXX MB Plaintiffs, * FILED PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, a Florida NOV 2 0 2008 corporation, SHARC 8. soe CLERK & Comp Defendant. CIRCUIT CIVIL DIVISION / MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES AND RESPONSE TO REQUEST TO PRODUCE PROPOUNDED ON SEPTEMBER 17, 2008 The Defendant, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC., by and through the undersigned attorneys, requests this Honorable Court to compel the Plaintiffs, BETTE VERP and MARTIN VERP, to respond to Supplemental Interrogatories and Request to Produce, and as grounds in support of this motion states: 1 The Defendant propounded Supplemental Interrogatories and Request to Produce on September 17, 2008. A copy of which is attached as Exhibit “A.” 2. That to date, the Plaintiffs have not responded to the Defendant’s Supplemental Interrogatories and Request to Produce, nor have the Plaintiffs objected to the same. 3. Defendant has made a good faith attempt to obtain a response from Plaintiffs’ counsel and Plaintiffs’ counsel has declined to respond. See copy of correspondence to Plaintiffs regarding said discovery attached hereto as Exhibit “B.” 4. The Defendant’s position has been prejudiced by the Plaintiffs’ failure to comply with discovery.CASE NO. 50 2008 CA 002451XXXX MB WHEREFORE, the Defendant, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC., requests this Court to enter an Order compelling the Plaintiffs, BETTE VERP and MARTIN VERP, to fully respond to Defendant’s Supplemental Interrogatories and Request to Produce. WE HEREBY CERTIFY that a true copy of the foregoing was mailed this 19” day of November, 2008 to all parties on the attached service list. WICKER, SMITH, O'HARA, MCCOY & FORD, P.A. Attorney for Porta Bella Yacht & Tennis Club Condominium Association, Inc. 515 E. Las Olas Boulevard SunTrust Center, Suite 1400 P.O. Box 14460 Ft. Lauderdale, FL 33302 Phone: (954) 847-4800 Fax: (9: By ‘GMasel@wickersmith.com Florida Bar No. 26532 Service List Geri Sue Straus, Esq. Jacobs & Straus, P.A. 2595 NW Boca Raton Boulevard, #200 Boca Raton, FL 3343161325-7 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA BETTE VERP and MARTIN VERP, her GENERAL JURISDICTION DIVISION husband, CASE NO. 50 2008 CA 002451XXXX MB Plaintiffs, vs. PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, a Florida corporation, Defendant. / NOTICE OF SERVING SUPPLEMENTAL INTERROGATORIES TO THE PLAINTIFF Defendant, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC., propounds the attached supplemental interrogatories to Plaintiffs, BETTE VERP and MARTIN VERP, her husband, to be responded to within the time and manner prescribed by Florida Rule of Civil Procedure 1.340. WE HEREBY CERTIFY that the signed original of this facesheet was filed with the Court, and that an original of the interrogatories along with a copy of this facesheet was mailed this_/77” day of September, 2008 to all parties on the attached service list. WICKER, SMITH, O'HARA, MCCOY & FORD, P.A. Attomeys for Porta Bella Yacht & Tennis Club Condominium Association, Inc. 515 E. Las Olas Boulevard SunTrust Center, Suite 1400 P.O. Box 14460 Ft. Lauderdale, FL 33302 Phone: (954) 847-4800 Fax: (954) By: Jamey E. Zloch Florida Bar No. 241776 Gary I. Masel Florida Bar No. 26532CASE NO. 50 2008 CA 002451XXXX MB Service List Geri Sue Straus, Esq. Jacobs & Straus, P.A. 1098 Northwest Boca Raton Boulevard Boca Raton, FL 33432CASE NO. 50 2008 CA 002451XXXX MB SUPPLEMENTAL INTERROGATORIES TO THE PLAINTIFF (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1. Please state your name and present address. 2. Have you seen any physician, psychiatrist, osteopath, chiropractor, medical facility such as a hospital, emergency room, or health maintenance organization or any other health care provider or practitioner of the healing arts since you last answered interrogatories. If so, for each such health care provider, state their name, address, telephone number, and_a brief statement of the reason for the treatment.CASE NO. 50 2008 CA 002451XXXX MB 3. Since you last answered ‘interrogatories, have you been involved in any other "incidents" (incident is used in its broadest sense to mean any accidental injury such as an automobile accident, slip and fall, etc.) in which you received injuries, and if so, for each such incident, please state the date and place it occurred, the names and addresses of all persons who have knowledge of the incident and the names and addresses of all persons and health care providers who rendered medical treatment to you. 4. Please state the name and address of your present employer, the type of work that you perform for this employer, the names and addresses of all employers that you have worked for since your deposition was taken or since you last answered interrogatories and, if you claim that you have lost additional time from work since your deposition and answers to previous interrogatories, state the period of time for which you claim you lost compensation, the exact day, month and year and the exact amount of compensation you claim to have lost for each time period.CASE NO. 50 2008 CA 002451XXXX MB 5. Has your physical and/or mental condition improved or deteriorated since you last answered interrogatories, and if so, please state in as much detail as possible, the improvement or deterioration. 6. Please itemize each and every expense you are claiming as damages in this case, including in your answer, the date and time the expense was incurred and/or paid, to whom the expense is owed or paid, what the expense was for, and the exact amount of the expense. (The answer to this question should include all items you claim as damages in this case with the exception of pain and suffering, future medicals, and future lost wages or loss of earning potential.)CASE NO. 50 2008 CA 002451XXXX MB 7. Have you, or has anyone on your behalf, filed any lawsuits, made any workmen's compensation claims, applied for or claimed any personal injury protection benefits, applied for or received any medical insurance benefits, and if so, for each such occasion, please provide the names and addresses of all persons who have information pertaining to these claims and enough information about the claims to enable this Defendant to obtain the documents substantiating the claims you have made. a Amount of each Date of each Name of Payor Claim Number payment from each payment from each source sourceCASE NO. 50 2008 CA 002451XXXX MB STATE OF FLORIDA ) Js. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by _, who is personally known to me and who did take an oath. Ss E A L Signature of person taking acknowledgment Name of officer taking acknowledgment Title or rank Serial number61325-7 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA BETTE VERP and MARTIN VERP, her GENERAL JURISDICTION DIVISION husband, CASE NO. 50 2008 CA 002451XXXX MB Plaintiffs, vs. PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, a Florida corporation, Defendant. / REQUEST TO PRODUCE PURSUANT to Fla. R. Civ. P., 1.350, the Plaintiff, BETTE VERP, is requested to produce to the Defendant, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC., in the time required by Fla. R. Civ. P., 1.350, _at the offices of the undersigned counsel, the following: 1.°. Update of any and all medical and/or psychological records which relate to, or concem the Plaintiffs injuries alleged in the Complaint as a result of the subject incident; which have not been previously produced. 2. Update of any and all medical and/or psychological bills, receipts or invoices which you contend support, or tend to support your damage claims in this case arising from the subject incident which have not been previously produced. 3. Update of any and all medical and/or psychological records from any physicians, doctors, or hospitals who treated the Plaintiff as a result of the subject incident which have not been previously produced.CASE NO. 50 2008 CA 002451XXXX MB 4. Update of any and all hospital records, nurses notes, doctors notes, progress notes, radiology reports, MRI films, x-rays, and MRI reports and medical bills for any accidents in which the Plaintiffs was involved in subsequent to the subject incident, which have not been previously produced. 5. Update of any and all records to support your wage loss claims and loss of earning capacity claims including all tax returns and W-2 forms, which have not been previously produced. WE HEREBY CERTIFY that a true copy of the foregoing was mailed this | } day of September, 2008, to all parties on the attached service list. WICKER, SMITH, O'HARA, MCCOY & FORD, P.A. Attorney for Porta Bella Yacht & Tennis Club 515 E. Las Olas Boulevard SunTrust Center, Suite 1400 P.O. Box 14460 Ft. Lauderdale, FL 33302 Phone: (954) 847-4800 Fax: (954) 760-9353 By: Florida Bar No. 241776 Gary I. Masel Florida Bar No. 26532 Geri Sue Straus, Esq. Jacobs & Straus, P.A. 2595 NW Boca Raton Boulevard, #200 Boca Raton, FL 33431LAW OFFICES WICKER, SmiTH, O’ Hara McCoy & Forp, PA. SUNTRUST CENTER, SUITE 1400 S15 EAST LAS OLAS BOULEVARD P.O, BOX 14460 Fort LavpERDALE, Froripa 33302 (954) 847-4800 FAX (954) 760-9353 WWW.WICKERSMITH.COM MIAMI ORLANDO NAPLES (305) 448-3939 (407) 843-3939 (239) 430-1120 WEST PALM BEACH TAMPA JACKSONVILLE (S61) 689-3800 (813) 222-3939 (904) 355-0225 November 14, 2008 Via E-mail Only - suestrausesg@aol.com Geri Sue Straus, Esq. Jacobs & Straus, P.A. ; 2595 NW Boca Raton Blvd., #200 Boca Raton, FL 33431 RE: Verp, Bette vs. Porta Bella Yacht & Tennis Condominium Association Our File No.: 61325-7 Dear Sue: To date we have not received Plaintiffs’ ‘responses to Defendant’s Supplemental Interrogatories and Request to Produce, dated September 17, 2008, and due on or about October 22, 2008. A check of the online court docket further confirms that you have not filed responses to the said discovery. Since the discovery is several weeks over due, we would appreciate receiving your client’s responses to the said discovery by 5:00 p.m., on Monday, November 17, 2008, or we will be forced to file a Motion to Compel regarding same. Thank you for your prompt attention to this matter. Ye, Wil Gary asel GIM/meb