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Filing # 93846494 E-Filed 08/08/2019 09:47:28 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
NORALYS GUZMAN,
CASE NO.: CACE 18000390
Plaintiff,
v.
AYESHA MOHAMMED, owner,
and NIGHAT AZIZ TAHSEEN , driver,
Defendants.
/
PLAINTIFF’S MOTION TO COMPEL AND FOR SANCTIONS AGAINST
Di IDANTS, AY!
COMES NOW, Plaintiff, NORALYS GUZMAN, by and through undersigned counsel,
and hereby files her Ex-Parte Motion to Compel and for Sanctions Against Defendants,
AYESHA MOHAMMED and NIGHAT AZIZ TAHSEEN, pursuant Fla. R. Civ. P. 1.380(a)(4),
and in support thereof states as follow:
1. This matter is set for the three-week trial period commencing on September 3, 2019.
2. On February 26, 2019, Plaintiff propounded trial discovery to Defendants comprised of
Expert Interrogatories, Expert Request for Production and Trial Request for Production.
3. Having received no timely responses to the propounded discovery, and no request for
an extension of time, on May 07, 2019, Plaintiff filed Ex-Parte Motion to Compel Defendants to
Answer Plaintiff's Expert Interrogatories, Expert Request for Production and Trial Request for
Production. Exhibit A.
4. On May 8, 2019, this Court GRANTED Plaintiffs aforementioned Ex-Parte Motion to
Compel, giving Defendants ten (10) days to provide answers to Plaintiff's Expert Interrogatories,
Expert Request for Production and Trial Request for Production. Exhibit B.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/08/2019 09:47:28 AM.****5. To date, Defendants have failed to comply with this Court’s Order dated May 8, 2019.
No responses to the sought Trial Request for Production have been provided to Plaintiff.
6. At this juncture, on the eve of trial, Plaintiff is prejudiced in her preparation for trial.
Even if Defendants provide responses after the filing of this Motion, Plaintiff has been provided
very little time to schedule, notice, and conduct any expert depositions, and/or notice and send
expert subpoenas for production.
7. Plaintiff seeks sanctions against Defendants, including attorney's fees and costs, for
having to file the instant Motion in order to compel Defendants to comply with this Court's
Order dated May 8, 2019. Florida Rule of Civil Procedure 1.380 (a)(4) states in pertinent part:
‘If the motion is granted and after opportunity for hearing, the court shall require the
party or deponent whose conduct necessitated the motion 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... (emphasis added).
8. In the present matter, the undersigned hereby certifies that good faith efforts to resolve
the issue raised in this Motion were made, as set forth in the Exhibits cited above and attached
hereto. Plaintiff has incurred expenses in bringing this matter before the court and as such,
requests sanctions be issued against the Defendants for failure to make discovery. This Motion is
made in good faith, in the interests of justice, and is not intended to delay these proceedings.
9. Plaintiff specifically seeks monetary sanctions in the amount of $900 (2 hrs x $450/hr)
for the preparation and presentation of the instant Motion pursuant to Fla. R. Civ. Pro
1.380(a)(4). Plaintiff also seeks additional sanctions against the Defendants determined by the
court to ensure future compliance with this Court's orders.WHEREFORE, Plaintiff, NORALYS GUZMAN, respectfully requests this Honorable
Court to enter an Order compelling Defendants, AYESHA MOHAMMED and NIGHAT AZIZ
TAHSEEN, to provide complete responses to the Trial Request for Production within five (5)
days of the Order, and awarding sanctions to Plaintiff as this Courts deems just.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via the Florida Courts E-Filing Portal to: Giselle M. Defalla, Esq., and Jonathan B. Kasen, Esq.,
Law Office of George L. Cimballa, IIL, ftlgeico@geico.com; gdefalla@geico.com;
jkasen@geico.com on ge day of August, 2019.
KANNER & PINTALUGA, PA
Attorneys for the Plaintiff
925 S Federal Highway, Sixth Floor
Boca Raton, FL 33432
Phone: (561) 424-0032
Fax: (844) 818-5452
Service email:
By:
FBN: 125505EXHIBIT
Filing # 89107545 E-Filed 05/07/2019 01:28:36 PM t 4
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
NORALYS GUZMAN,
CASE NO.; CACE 18000390
Plaintiff,
Vv.
AYESHA MOHAMMED, owner,
and NIGHAT AZIZ TAHSEEN, driver,
Defendants.
TIFF” -PAR' TI COMPEL DEF) NTS TO ANSWER
UCTION TRL TION
COMES NOW, Plaintiff, NORALYS GUZMAN, by and through undersigned counsel,
and hereby files her Ex-Parte Motion to Compel Defendants, AYESHA MOHAMMED and
NIGHAT AZIZ TAHSEEN, to Answer Plaintiff's Expert Interrogatories, Expert Request for
Production, and Trial Request for Production, propounded February 26, 2019, and in support
thereof, states as follows:
1. On February 26, 2019, Plaintiff served Defendants, AYESHA MOHAMMED and
NIGHAT AZIZ TAHSEEN, with her Expert Interrogatories, Expert Request for Production, and
Trial Request for Production. See Composite Ex. A — Pl.’s Expert Interrogs., Pl’s Expert Re. for
Produc., and Trial Re. for Produc.
2. As of the date of this Motion, Defendants, AYESHA MOHAMMED and NIGHAT
AZIZ TAHSEEN, have failed to answer Plaintiff's Expert Interrogatories, Expert Request for
Production, and Trial Request for Production. Defendants have also failed to timely object to any
of these discovery requests.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/07/2019 01:28:36 PM.*#**3. To date, Plaintiff has not been provided with Defendants’ responses/answers to
Expert Interrogatories, Expert Request for Production, and Trial Request for Production.
4. This case is set on this Honorable Court’s Trial Docket beginning June 10, 2019.
5. Accordingly, Plaintiff is unable to prepare her case for trial without
responses/answers to the aforementioned discovery. Plaintiff has already suffered prejudice due to
Defendants’ delay and will continue to be prejudiced without this discovery. As such, Defendants
should be prohibited from filing meritless objections to create further delays, and instead be
ordered to provide complete responses to all outstanding discovery.
6. Plaintiff certifies that a good faith effort was made in requesting the outstanding
discovery.
WHEREFORE, Plaintiff, NORALYS GUZMAN, respectfully requests this Honorable
Court to enter an Ex-Parte Order compelling Defendants, AYESHA MOHAMMED and NIGHAT
AZIZ TAHSEEN, to provide responses/answers to Plaintiff's Expert Interrogatories, Expert
Request for Production, and Trial Request for Production within ten (10) days of the Order.
[Certificate of Service on Following Page]CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
the Florida Courts E-Filing Portal to: Giselle M. Defalla, Esq., and Jonathan B. Kasen, Fsq., Law
Office of George L. Cimballa, IIL, ftigeico@geico.com; gdefalla@ecico.com; jkasen@geico.com
; qh
on this. {~~ day of May, 2019.
KANNER & PINTALUGA, PA
Attorneys for the Plaintiff
925 S Federal Highway, Sixth Floor
Boca Raton, FL 33432
Phone: (561) 424-0032
Fax: (844) 818-5452
Servic ail: i
By:
IN ASLAN, ESQ.
FBN: 125505EXHIBIT
12
Filing # 89214298 E-Filed 05/08/2019 06:59:59 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. CACE18000390 DIVISION 25. JUDGE Carol-lisa Phillips
Noralys Guzman
Plaintiff(s) / Petitioner(s)
v.
Ayesha Mohammed, et al
Defendant(s) / Respondent(s)
/
EX PARTE ORDER TO COMPEL
THIS CAUSE having come on Plaintiff's Ex-Parte Motion to Compel Defendants, AYESHA
MOHAMMED and NIGHAT AZIZ TAHSEEN, to Answer Plaintiffs Expert Interrogatories,
Expert Request for Production, and Trial Request for Production, and the Court having been
advised on Defendants’ failure to timely respond to this discovery, and being otherwise
advised in the premises, it is hereby:
ORDERED AND ADJUDGED as follows:
1. Plaintiff's Ex-Parte Motion to Compel is hereby GRANTED.
2. Defendants shall have ten (10) days from the date of this Order to provide responses to
Plaintiff's Expert Interrogatories, Expert Request for Production, and Trial Request for
Production.
DONE and ORDERED in Chambers, at Broward County, Florida on 05-08-2019.
¢ 11:10 AM
ACE18 5-08-2019 11:
Hon. Carol-lisa Phillips
CIRCUIT JUDGE
Electronically Signed by Carol-lisa Phillips
Copies Furnished To:
+#* FILED: BROWARD COUNTY. FL BRENDA D. FORMAN, CLERK 05/08/2019 06:59:07 PM.****CaseNo: CACE18000390
Page 2 of 2
Allene D Nicholson Esq , E-mail : service@floridamediation.com
Berkin Asian , E-mail : pleadings 13 attommey.com
Giselle Defalla , E-mail : mejordan@geico.com
Giselle Defalla , E-mail : gdefalla@geico.com
Giselle Defalla , E-mail : ftlgeico@geico.com
Jerrod Edwin Mathias , E-mail : DMichel@geico.com
Jerrod Edwin Mathias , E-mail : ftlgei
Jerrod Edwin Mathias , E-mail : Jkasen@geico.com
Jonathan Brett Kasen , E-mail : jkasen@geico.com
Jonathan Brett Kasen , E-mail : ftlaeico@geico.com
Jonathan Brett Kasen , E-mail : kdayringer@geico.com
Preview
Filing # 93846494 E-Filed 08/08/2019 09:47:28 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA NORALYS GUZMAN, CASE NO.: CACE 18000390 Plaintiff, v. AYESHA MOHAMMED, owner, and NIGHAT AZIZ TAHSEEN , driver, Defendants. / PLAINTIFF’S MOTION TO COMPEL AND FOR SANCTIONS AGAINST Di IDANTS, AY! COMES NOW, Plaintiff, NORALYS GUZMAN, by and through undersigned counsel, and hereby files her Ex-Parte Motion to Compel and for Sanctions Against Defendants, AYESHA MOHAMMED and NIGHAT AZIZ TAHSEEN, pursuant Fla. R. Civ. P. 1.380(a)(4), and in support thereof states as follow: 1. This matter is set for the three-week trial period commencing on September 3, 2019. 2. On February 26, 2019, Plaintiff propounded trial discovery to Defendants comprised of Expert Interrogatories, Expert Request for Production and Trial Request for Production. 3. Having received no timely responses to the propounded discovery, and no request for an extension of time, on May 07, 2019, Plaintiff filed Ex-Parte Motion to Compel Defendants to Answer Plaintiff's Expert Interrogatories, Expert Request for Production and Trial Request for Production. Exhibit A. 4. On May 8, 2019, this Court GRANTED Plaintiffs aforementioned Ex-Parte Motion to Compel, giving Defendants ten (10) days to provide answers to Plaintiff's Expert Interrogatories, Expert Request for Production and Trial Request for Production. Exhibit B. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/08/2019 09:47:28 AM.****5. To date, Defendants have failed to comply with this Court’s Order dated May 8, 2019. No responses to the sought Trial Request for Production have been provided to Plaintiff. 6. At this juncture, on the eve of trial, Plaintiff is prejudiced in her preparation for trial. Even if Defendants provide responses after the filing of this Motion, Plaintiff has been provided very little time to schedule, notice, and conduct any expert depositions, and/or notice and send expert subpoenas for production. 7. Plaintiff seeks sanctions against Defendants, including attorney's fees and costs, for having to file the instant Motion in order to compel Defendants to comply with this Court's Order dated May 8, 2019. Florida Rule of Civil Procedure 1.380 (a)(4) states in pertinent part: ‘If the motion is granted and after opportunity for hearing, the court shall require the party or deponent whose conduct necessitated the motion 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... (emphasis added). 8. In the present matter, the undersigned hereby certifies that good faith efforts to resolve the issue raised in this Motion were made, as set forth in the Exhibits cited above and attached hereto. Plaintiff has incurred expenses in bringing this matter before the court and as such, requests sanctions be issued against the Defendants for failure to make discovery. This Motion is made in good faith, in the interests of justice, and is not intended to delay these proceedings. 9. Plaintiff specifically seeks monetary sanctions in the amount of $900 (2 hrs x $450/hr) for the preparation and presentation of the instant Motion pursuant to Fla. R. Civ. Pro 1.380(a)(4). Plaintiff also seeks additional sanctions against the Defendants determined by the court to ensure future compliance with this Court's orders.WHEREFORE, Plaintiff, NORALYS GUZMAN, respectfully requests this Honorable Court to enter an Order compelling Defendants, AYESHA MOHAMMED and NIGHAT AZIZ TAHSEEN, to provide complete responses to the Trial Request for Production within five (5) days of the Order, and awarding sanctions to Plaintiff as this Courts deems just. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the Florida Courts E-Filing Portal to: Giselle M. Defalla, Esq., and Jonathan B. Kasen, Esq., Law Office of George L. Cimballa, IIL, ftlgeico@geico.com; gdefalla@geico.com; jkasen@geico.com on ge day of August, 2019. KANNER & PINTALUGA, PA Attorneys for the Plaintiff 925 S Federal Highway, Sixth Floor Boca Raton, FL 33432 Phone: (561) 424-0032 Fax: (844) 818-5452 Service email: By: FBN: 125505EXHIBIT Filing # 89107545 E-Filed 05/07/2019 01:28:36 PM t 4 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA NORALYS GUZMAN, CASE NO.; CACE 18000390 Plaintiff, Vv. AYESHA MOHAMMED, owner, and NIGHAT AZIZ TAHSEEN, driver, Defendants. TIFF” -PAR' TI COMPEL DEF) NTS TO ANSWER UCTION TRL TION COMES NOW, Plaintiff, NORALYS GUZMAN, by and through undersigned counsel, and hereby files her Ex-Parte Motion to Compel Defendants, AYESHA MOHAMMED and NIGHAT AZIZ TAHSEEN, to Answer Plaintiff's Expert Interrogatories, Expert Request for Production, and Trial Request for Production, propounded February 26, 2019, and in support thereof, states as follows: 1. On February 26, 2019, Plaintiff served Defendants, AYESHA MOHAMMED and NIGHAT AZIZ TAHSEEN, with her Expert Interrogatories, Expert Request for Production, and Trial Request for Production. See Composite Ex. A — Pl.’s Expert Interrogs., Pl’s Expert Re. for Produc., and Trial Re. for Produc. 2. As of the date of this Motion, Defendants, AYESHA MOHAMMED and NIGHAT AZIZ TAHSEEN, have failed to answer Plaintiff's Expert Interrogatories, Expert Request for Production, and Trial Request for Production. Defendants have also failed to timely object to any of these discovery requests. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/07/2019 01:28:36 PM.*#**3. To date, Plaintiff has not been provided with Defendants’ responses/answers to Expert Interrogatories, Expert Request for Production, and Trial Request for Production. 4. This case is set on this Honorable Court’s Trial Docket beginning June 10, 2019. 5. Accordingly, Plaintiff is unable to prepare her case for trial without responses/answers to the aforementioned discovery. Plaintiff has already suffered prejudice due to Defendants’ delay and will continue to be prejudiced without this discovery. As such, Defendants should be prohibited from filing meritless objections to create further delays, and instead be ordered to provide complete responses to all outstanding discovery. 6. Plaintiff certifies that a good faith effort was made in requesting the outstanding discovery. WHEREFORE, Plaintiff, NORALYS GUZMAN, respectfully requests this Honorable Court to enter an Ex-Parte Order compelling Defendants, AYESHA MOHAMMED and NIGHAT AZIZ TAHSEEN, to provide responses/answers to Plaintiff's Expert Interrogatories, Expert Request for Production, and Trial Request for Production within ten (10) days of the Order. [Certificate of Service on Following Page]CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the Florida Courts E-Filing Portal to: Giselle M. Defalla, Esq., and Jonathan B. Kasen, Fsq., Law Office of George L. Cimballa, IIL, ftigeico@geico.com; gdefalla@ecico.com; jkasen@geico.com ; qh on this. {~~ day of May, 2019. KANNER & PINTALUGA, PA Attorneys for the Plaintiff 925 S Federal Highway, Sixth Floor Boca Raton, FL 33432 Phone: (561) 424-0032 Fax: (844) 818-5452 Servic ail: i By: IN ASLAN, ESQ. FBN: 125505EXHIBIT 12 Filing # 89214298 E-Filed 05/08/2019 06:59:59 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE18000390 DIVISION 25. JUDGE Carol-lisa Phillips Noralys Guzman Plaintiff(s) / Petitioner(s) v. Ayesha Mohammed, et al Defendant(s) / Respondent(s) / EX PARTE ORDER TO COMPEL THIS CAUSE having come on Plaintiff's Ex-Parte Motion to Compel Defendants, AYESHA MOHAMMED and NIGHAT AZIZ TAHSEEN, to Answer Plaintiffs Expert Interrogatories, Expert Request for Production, and Trial Request for Production, and the Court having been advised on Defendants’ failure to timely respond to this discovery, and being otherwise advised in the premises, it is hereby: ORDERED AND ADJUDGED as follows: 1. Plaintiff's Ex-Parte Motion to Compel is hereby GRANTED. 2. Defendants shall have ten (10) days from the date of this Order to provide responses to Plaintiff's Expert Interrogatories, Expert Request for Production, and Trial Request for Production. DONE and ORDERED in Chambers, at Broward County, Florida on 05-08-2019. ¢ 11:10 AM ACE18 5-08-2019 11: Hon. Carol-lisa Phillips CIRCUIT JUDGE Electronically Signed by Carol-lisa Phillips Copies Furnished To: +#* FILED: BROWARD COUNTY. FL BRENDA D. FORMAN, CLERK 05/08/2019 06:59:07 PM.****CaseNo: CACE18000390 Page 2 of 2 Allene D Nicholson Esq , E-mail : service@floridamediation.com Berkin Asian , E-mail : pleadings 13 attommey.com Giselle Defalla , E-mail : mejordan@geico.com Giselle Defalla , E-mail : gdefalla@geico.com Giselle Defalla , E-mail : ftlgeico@geico.com Jerrod Edwin Mathias , E-mail : DMichel@geico.com Jerrod Edwin Mathias , E-mail : ftlgei Jerrod Edwin Mathias , E-mail : Jkasen@geico.com Jonathan Brett Kasen , E-mail : jkasen@geico.com Jonathan Brett Kasen , E-mail : ftlaeico@geico.com Jonathan Brett Kasen , E-mail : kdayringer@geico.com