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Filing # 63324492 E-Filed 10/25/2017 03:56:17 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
THE JOHN B. BUDNIK AND
ELIZABET D. BUDNIK
REVOCABLE LIVING TRUST
DATED MARCH 9, 1992
Plaintiff,
Vv. CASE NO. 2017 CA 001525 NC
BILL FURST, as Sarasota County
Property Appraiser, and
LEON M. BIEGALSKI, as Executive
Director of the Florida Department of
Revenue,
Defendants.
/
DEFENDANT, BILL FURST’S, MOTION TO COMPEL RESPONSES
TO REQUEST FOR PRODUCTION AND FOR ATTORNEYS’ FEES AND COSTS
The Defendant, WILLIAM FURST, in his capacity as Sarasota County Property Appraiser,
(“Property Appraiser”), by and through his undersigned attorney, files this Motion to Compel
Responses to Request for Production and for Attorneys’ Fees and Costs, and would state:!
l, The Property Appraiser propounded a Request for Production on the Plaintiff on June 13,
2017.
2. In the Request for Production, the Property Appraiser requested basic information relevant
to the case as follows:
1. Full and complete copies of any and all Income Tax Returns (including all schedules,
attachments, supplements and/or amendments) for the years from 2006 to 2015 for
! Counsel for the Property Appraiser, in accordance with Rule 1.380(a)(2) and Rule 5 of the
Local Rules of the 12" Judicial Circuit, certifies that he has made a good faith effort to resolve
these issues with opposing counsel, to no avail.
2 ‘In accordance with the Local Rules, the Property Appraiser will reproduce the production
requests in full hereinbelow.
Filed 10/25/2017 04:07 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10.
ll.
12.
00705782-1
both John B. Budnik and/or Elizabeth D. Budnik.
Full and complete copies of any and all bank account statements from January 1,
2006 to January 1, 2015 for both John B. Budnik and/or Elizabeth D. Budnik.
Full and complete copies of any and all historical Michigan Voter Registration forms
for John B. Budnik and/or Elizabeth D. Budnik for the time period of January 1, 2006
to January 1, 2015.
Full and complete copies of any and all historical Florida Voter Registration forms
for John B. Budnik and/or Elizabeth D. Budnik for the time period of January 1, 2006
to January 1, 2015.
Full and complete copies of any and all life insurance policies for both John B.
Budnik and/or Elizabeth D. Budnik in effect at any time during the period from
January 1, 2006 to January 1, 2015.
Full and complete copies of any and all pension Declarations relating to John B.
Budnik and/or Elizabeth D. Budnik for the years from 2006 to the present date.
Full and complete copies of any documents for any retirement accounts relating to
John B. Budnik and/or Elizabeth D. Budnik for the years from 2006 to the present
date.
Full and complete copies of any and all documents evidencing chain of title for any
and all real property located anywhere in Michigan in which Plaintiff held an
ownership interest from 2006 to the present date.
Any and all documents showing ownership or beneficial interest of any trusts that
John B. Budnik and/or Elizabeth D. Budnik had an ownership interest in from 2006
to the present date.
Any and all titles or other documents showing ownership of any and all vehicles,
motor homes, or other personal property titled to John B. Budnik and/or Elizabeth
D. Budnik from 2006 to the present date.
Any and all loans, credit applications or other documents showing obligation or
application for any financial debt or loan by John B. Budnik and/or Elizabeth D.
Budnik from 2006 to the present date.
Any and all documentation which would tend to show any joint and/or cooperative
financial efforts of John B. Budnik and Elizabeth D. Budnik from 2006 to the present
date with regards to the funding of either John B. Budnik’s and/or Elizabeth D.
Budnik’s childrens’ lifestyle, education or other financial responsibilities or debts.13. | Acopy of any and all documentation which memorializes or otherwise references a
separation agreement between John B. Budnik and Elizabeth D. Budnik.
3. The Plaintiff's response to the Request for Production is months late. Despite several
follow-up requests, the Plaintiff has failed to produce any documents.
4, On August 7, 2017, well after the production was due, the Plaintiff filed a bare-bones
“Motion for Extension of Time to Respond to Request for Production,” in which the Plaintiff
indicated as follows:
1. Despite their best efforts, Plaintiffs require additional time to compile all responsive
documents requested,
2. Plaintiffs therefore request an extension in order to file their responses.
3. The foregoing Motion is filed in good faith and not for dilatory or other improper
purposes, and no party will be prejudiced by an Order granting this Motion for
Extension of Time.
5. The Plaintiff did not schedule the Motion for Extension of Time to Respond to Request for
Production for a hearing, and has still failed to respond, in any way, to the Request for
Production. Rather, the Plaintiff, through e-mail by his counsel, once again requested an
additional 30 days to provide the discovery responses, which the Property Appraiser agreed
to. The 30 day period came and went and the Plaintiff has still failed to provide any
discovery responses.
6. The decision to compel discovery (and impose sanctions for discovery violations) are matters
within the broad discretion of the trial court. See e.g., Mercer v. Raine, 410 So.2d 931 (Fla.
4" DCA 1981); See_also, Ford Motor Co. v. Garrison, 415 So.2d 843 (Fla. 1° DCA
1982)(holding that, generally, where a party fails to respond to discovery requests and does
not give notice and sound reason for his failure to do so, sanctions should usually be
imposed.); Walker v. Senn, 340 So.2d 975 (Fla. 1* DCA 1976)(same).
7. Based on the foregoing, the Plaintiff must be Ordered to respond to the Property Appraiser’s
Request for Production. In addition, Rule 1.380, Florida Rules of Civil Procedure provides
for an award of fees to a party who is forced to seek judicial intervention in order to obtain
proper discovery responses. Specifically, Rule 1.380, entitled “Failure to Make Discovery;
Sanctions,” provides, in relevant part, as follows:
(3) Evasive or Incomplete Answer. For purposes of this subdivision an evasive or
incomplete answer shall be treated as a failure to answer.
(4) Award of Expenses of Motion. If the motion is granted and after opportunity for
hearing, the court shall require the party or deponent whose conduct necessitated the
00705782-1motion or the party or counsel advising the conduct to pay to the moving party the
reasonable expenses incurred in obtaining the order that may include attorneys' fees,
unless the court finds that the movant failed to certify in the motion that a good faith
effort was made to obtain the discovery without court action, that the opposition to
the motion was justified, or that other circumstances make an award of expenses
unjust. If the motion is denied and after opportunity for hearing, the court shall
require the moving party to pay to the party or deponent who opposed the motion the
reasonable expenses incurred in opposing the motion that may include attorneys’ fees,
unless the court finds that the making of the motion was substantially justified or that
other circumstances make an award of expenses unjust. If the motion is granted in
part and denied in part, the court may apportion the reasonable expenses incurred as
a result of making the motion among the parties and persons.
&, The Property Appraiser should be awarded the fees incurred in prosecuting this motion, in
light of the Plaintiff's failure to meaningfully respond to the discovery request for months.
WHEREFORE, the Property Appraiser respectfully requests that this Court enter an Order
compelling the Plaintiff to respond to the Property Appraiser’s Request for Production by a date
certain, and awarding the Property Appraiser the attorneys’ fees and costs incurred in prosecuting
this motion.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk
via the Florida Courts e-Filing Portal and delivered by e-service to: Morgan R. Bentley, Esq. &
Amanda R. Kison, Esq., Bentley & Bruning, P.A., 783 South Orange Ave., Suite 220, Saroasta, FL
34236 to mbentley@bentleyandbrunin g.com, akison@ bent! eyandbru ning.com,
jbradley@bentleyandbruning.com and vengel@bentl eyandbruning, com, Attorneys for Plaintiff, this
IS day of October, 2017.
FUREN & GINSBURG, P.A.
2033 Main Street, Suite 600
Barasotdy Chis: 34237
Ne fen — __
het Pflugner, Esq.
f F lorida Bar No. 01523 304
“Jason A. Lessinger, Esquire
Florida Bar No. 091601
Anthony J. Manganiello, III., Esq.
Florida Bar No. 0052307
Attorneys for Defendant, Bill Furst
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Filing # 63324492 E-Filed 10/25/2017 03:56:17 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA THE JOHN B. BUDNIK AND ELIZABET D. BUDNIK REVOCABLE LIVING TRUST DATED MARCH 9, 1992 Plaintiff, Vv. CASE NO. 2017 CA 001525 NC BILL FURST, as Sarasota County Property Appraiser, and LEON M. BIEGALSKI, as Executive Director of the Florida Department of Revenue, Defendants. / DEFENDANT, BILL FURST’S, MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION AND FOR ATTORNEYS’ FEES AND COSTS The Defendant, WILLIAM FURST, in his capacity as Sarasota County Property Appraiser, (“Property Appraiser”), by and through his undersigned attorney, files this Motion to Compel Responses to Request for Production and for Attorneys’ Fees and Costs, and would state:! l, The Property Appraiser propounded a Request for Production on the Plaintiff on June 13, 2017. 2. In the Request for Production, the Property Appraiser requested basic information relevant to the case as follows: 1. Full and complete copies of any and all Income Tax Returns (including all schedules, attachments, supplements and/or amendments) for the years from 2006 to 2015 for ! Counsel for the Property Appraiser, in accordance with Rule 1.380(a)(2) and Rule 5 of the Local Rules of the 12" Judicial Circuit, certifies that he has made a good faith effort to resolve these issues with opposing counsel, to no avail. 2 ‘In accordance with the Local Rules, the Property Appraiser will reproduce the production requests in full hereinbelow. Filed 10/25/2017 04:07 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10. ll. 12. 00705782-1 both John B. Budnik and/or Elizabeth D. Budnik. Full and complete copies of any and all bank account statements from January 1, 2006 to January 1, 2015 for both John B. Budnik and/or Elizabeth D. Budnik. Full and complete copies of any and all historical Michigan Voter Registration forms for John B. Budnik and/or Elizabeth D. Budnik for the time period of January 1, 2006 to January 1, 2015. Full and complete copies of any and all historical Florida Voter Registration forms for John B. Budnik and/or Elizabeth D. Budnik for the time period of January 1, 2006 to January 1, 2015. Full and complete copies of any and all life insurance policies for both John B. Budnik and/or Elizabeth D. Budnik in effect at any time during the period from January 1, 2006 to January 1, 2015. Full and complete copies of any and all pension Declarations relating to John B. Budnik and/or Elizabeth D. Budnik for the years from 2006 to the present date. Full and complete copies of any documents for any retirement accounts relating to John B. Budnik and/or Elizabeth D. Budnik for the years from 2006 to the present date. Full and complete copies of any and all documents evidencing chain of title for any and all real property located anywhere in Michigan in which Plaintiff held an ownership interest from 2006 to the present date. Any and all documents showing ownership or beneficial interest of any trusts that John B. Budnik and/or Elizabeth D. Budnik had an ownership interest in from 2006 to the present date. Any and all titles or other documents showing ownership of any and all vehicles, motor homes, or other personal property titled to John B. Budnik and/or Elizabeth D. Budnik from 2006 to the present date. Any and all loans, credit applications or other documents showing obligation or application for any financial debt or loan by John B. Budnik and/or Elizabeth D. Budnik from 2006 to the present date. Any and all documentation which would tend to show any joint and/or cooperative financial efforts of John B. Budnik and Elizabeth D. Budnik from 2006 to the present date with regards to the funding of either John B. Budnik’s and/or Elizabeth D. Budnik’s childrens’ lifestyle, education or other financial responsibilities or debts.13. | Acopy of any and all documentation which memorializes or otherwise references a separation agreement between John B. Budnik and Elizabeth D. Budnik. 3. The Plaintiff's response to the Request for Production is months late. Despite several follow-up requests, the Plaintiff has failed to produce any documents. 4, On August 7, 2017, well after the production was due, the Plaintiff filed a bare-bones “Motion for Extension of Time to Respond to Request for Production,” in which the Plaintiff indicated as follows: 1. Despite their best efforts, Plaintiffs require additional time to compile all responsive documents requested, 2. Plaintiffs therefore request an extension in order to file their responses. 3. The foregoing Motion is filed in good faith and not for dilatory or other improper purposes, and no party will be prejudiced by an Order granting this Motion for Extension of Time. 5. The Plaintiff did not schedule the Motion for Extension of Time to Respond to Request for Production for a hearing, and has still failed to respond, in any way, to the Request for Production. Rather, the Plaintiff, through e-mail by his counsel, once again requested an additional 30 days to provide the discovery responses, which the Property Appraiser agreed to. The 30 day period came and went and the Plaintiff has still failed to provide any discovery responses. 6. The decision to compel discovery (and impose sanctions for discovery violations) are matters within the broad discretion of the trial court. See e.g., Mercer v. Raine, 410 So.2d 931 (Fla. 4" DCA 1981); See_also, Ford Motor Co. v. Garrison, 415 So.2d 843 (Fla. 1° DCA 1982)(holding that, generally, where a party fails to respond to discovery requests and does not give notice and sound reason for his failure to do so, sanctions should usually be imposed.); Walker v. Senn, 340 So.2d 975 (Fla. 1* DCA 1976)(same). 7. Based on the foregoing, the Plaintiff must be Ordered to respond to the Property Appraiser’s Request for Production. In addition, Rule 1.380, Florida Rules of Civil Procedure provides for an award of fees to a party who is forced to seek judicial intervention in order to obtain proper discovery responses. Specifically, Rule 1.380, entitled “Failure to Make Discovery; Sanctions,” provides, in relevant part, as follows: (3) Evasive or Incomplete Answer. For purposes of this subdivision an evasive or incomplete answer shall be treated as a failure to answer. (4) Award of Expenses of Motion. If the motion is granted and after opportunity for hearing, the court shall require the party or deponent whose conduct necessitated the 00705782-1motion or the party or counsel advising the conduct to pay to the moving party the reasonable expenses incurred in obtaining the order that may include attorneys' fees, unless the court finds that the movant failed to certify in the motion that a good faith effort was made to obtain the discovery without court action, that the opposition to the motion was justified, or that other circumstances make an award of expenses unjust. If the motion is denied and after opportunity for hearing, the court shall require the moving party to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion that may include attorneys’ fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred as a result of making the motion among the parties and persons. &, The Property Appraiser should be awarded the fees incurred in prosecuting this motion, in light of the Plaintiff's failure to meaningfully respond to the discovery request for months. WHEREFORE, the Property Appraiser respectfully requests that this Court enter an Order compelling the Plaintiff to respond to the Property Appraiser’s Request for Production by a date certain, and awarding the Property Appraiser the attorneys’ fees and costs incurred in prosecuting this motion. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk via the Florida Courts e-Filing Portal and delivered by e-service to: Morgan R. Bentley, Esq. & Amanda R. Kison, Esq., Bentley & Bruning, P.A., 783 South Orange Ave., Suite 220, Saroasta, FL 34236 to mbentley@bentleyandbrunin g.com, akison@ bent! eyandbru ning.com, jbradley@bentleyandbruning.com and vengel@bentl eyandbruning, com, Attorneys for Plaintiff, this IS day of October, 2017. FUREN & GINSBURG, P.A. 2033 Main Street, Suite 600 Barasotdy Chis: 34237 Ne fen — __ het Pflugner, Esq. f F lorida Bar No. 01523 304 “Jason A. Lessinger, Esquire Florida Bar No. 091601 Anthony J. Manganiello, III., Esq. Florida Bar No. 0052307 Attorneys for Defendant, Bill Furst