On October 15, 2019 a
Motion to Compel - Party: Plaintiff Villeda , Jesus Plaintiff Villeda , Jhaneth
was filed
involving a dispute between
Villeda , Jesus,
Villeda , Jhaneth,
and
Citizens Property Insurance Corporation,
for Contract and Indebtedness
in the District Court of Broward County.
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Filing # 102441063 E-Filed 01/29/2020 03:46:35 PM
IN THE CIRCUIT COURT OF THE
JESUS VILLEDA and 17TH JUDICIAL CIRCUIT IN AND
JHANETH VILLEDA, FOR BROWARD COUNTY, FLORIDA
Plaintiffs,
CASE NO.: CACE-19-021344
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
PLAINTIFFS’ MOTION TO COMPEL DISCOVERY RESPONSES
Plaintiffs, JESUS VILLEDA and JHANETH VILLEDA, by and through the undersigned
counsel, and pursuant to Fla. R. Civ. P. 1.380(a), hereby files this Motion to Compel Discovery
Responses against Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, and in
support thereof state as follows:
1. On October 15, 2019, Defendant was served with Plaintiffs’ First Set of
Interrogatories and Plaintiff's First Request for Production of Documents. See Exhibit “A”
2. Pursuant to Fla. R. Civ. P. 1.340(a), Defendant’s responses to Plaintiffs’
discovery requests were due within forty-five (45) days from the date of service. Thus,
Defendant’s responses to Plaintiffs’ discovery requests were due on or before November 29,
2019.
3. Defendant has failed to file a Motion for Extension of Time to Respond to
Plaintiffs’ Discovery.
4. Since the Defendant has not timely filed Responses to Plaintiffs’ First Set of
Interrogatories and First Request for Production of Documents, or sought an additional extension
of time to respond, any and all objections are deemed waived.
[3396836/1]
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/29/2020 03:46:36 PM.****5. Receipt by Plaintiffs of the requested discovery is material to the prosecution of
this case and the Plaintiffs have been unduly prejudiced by Defendant’s willful and deliberate
failure to prepare and file their discovery responses.
6. This motion was made in good faith and not for purposes of delay.
WHEREFORE, the Plaintiffs respectfully request that this Court enter an Order
compelling the Defendant to respond to all outstanding discovery within ten (10) days, deem all
objections waived and issue sanctions against the Defendant including court costs and reasonable
attomeys’ fees.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served to via the
Florida Courts E-Filing Portal to Counsel for the Defendant on this 29" day of January 2020.
Marin, Eljaiek, Lopez & Martinez, P.L.
Counsel for the Insured
2601 South Bayshore Drive — 18'" Floor
Coconut Grove, Florida 33133
Telephone No. (305) 444-5969
Facsimile No. (305) 444-1939
Service of Documents: Eservice@mellawyers.com
Primary Email: Mellaw7@mellawyers.com
By: _/s/Annette Del Aguila
Annette Del Aguila, Esq.
Florida Bar No. 40546
[3396836/1]
Document Filed Date
January 29, 2020
Case Filing Date
October 15, 2019
Category
Contract and Indebtedness
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Filing # 102441063 E-Filed 01/29/2020 03:46:35 PM IN THE CIRCUIT COURT OF THE JESUS VILLEDA and 17TH JUDICIAL CIRCUIT IN AND JHANETH VILLEDA, FOR BROWARD COUNTY, FLORIDA Plaintiffs, CASE NO.: CACE-19-021344 v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. PLAINTIFFS’ MOTION TO COMPEL DISCOVERY RESPONSES Plaintiffs, JESUS VILLEDA and JHANETH VILLEDA, by and through the undersigned counsel, and pursuant to Fla. R. Civ. P. 1.380(a), hereby files this Motion to Compel Discovery Responses against Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, and in support thereof state as follows: 1. On October 15, 2019, Defendant was served with Plaintiffs’ First Set of Interrogatories and Plaintiff's First Request for Production of Documents. See Exhibit “A” 2. Pursuant to Fla. R. Civ. P. 1.340(a), Defendant’s responses to Plaintiffs’ discovery requests were due within forty-five (45) days from the date of service. Thus, Defendant’s responses to Plaintiffs’ discovery requests were due on or before November 29, 2019. 3. Defendant has failed to file a Motion for Extension of Time to Respond to Plaintiffs’ Discovery. 4. Since the Defendant has not timely filed Responses to Plaintiffs’ First Set of Interrogatories and First Request for Production of Documents, or sought an additional extension of time to respond, any and all objections are deemed waived. [3396836/1] *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/29/2020 03:46:36 PM.****5. Receipt by Plaintiffs of the requested discovery is material to the prosecution of this case and the Plaintiffs have been unduly prejudiced by Defendant’s willful and deliberate failure to prepare and file their discovery responses. 6. This motion was made in good faith and not for purposes of delay. WHEREFORE, the Plaintiffs respectfully request that this Court enter an Order compelling the Defendant to respond to all outstanding discovery within ten (10) days, deem all objections waived and issue sanctions against the Defendant including court costs and reasonable attomeys’ fees. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served to via the Florida Courts E-Filing Portal to Counsel for the Defendant on this 29" day of January 2020. Marin, Eljaiek, Lopez & Martinez, P.L. Counsel for the Insured 2601 South Bayshore Drive — 18'" Floor Coconut Grove, Florida 33133 Telephone No. (305) 444-5969 Facsimile No. (305) 444-1939 Service of Documents: Eservice@mellawyers.com Primary Email: Mellaw7@mellawyers.com By: _/s/Annette Del Aguila Annette Del Aguila, Esq. Florida Bar No. 40546 [3396836/1]