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Filing # 69263390 E-Filed 03/14/2018 02:44:10 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH
JUDICIAL CIRCUIT IN AND FOR BREVARD
COUNTY, FLORIDA
NEWPORT BEACH HOLDINGS, LLC, CASE NO. 05-2016-CA-53709-XXXX-XX
Plaintiff,
v,
BRUCE GIMZEK, et al,
Defendants.
/
MOTION TO COMPEL RESPONSES TO DISCOVERY
COMES NOW, the Defendant, BRUCE GIMZEK., by and through the undersigned attorney and
pursuant to Rule 1.380 of the Florida Rules of Civil Procedure, files this Motion to Compel Responses to
Discovery, and in support states:
1 On January 16, 2018, Defendant, BRUCE GIMZEK, served Plaintiff, NEWPORT BEACH
HOLDINGS, LLC, with a Request for Production of Documents (“Request”). A true and exact copy of the
Request is attached hereto as Exhibit A.
2 Also on January 16, 2018, Defendant served Plaintiff with interrogatories (“Interrogatories”).
A true and exact copy of the Interrogatories are attached hereto as Exhibit B.
3 Accordingly, Plaintiff's responses to the Request and Interrogatories were due on or before
February 15, 2018.
4 On February 14, 2018 Plaintiff filed its Motion for Extension of Time (Docket #50) in which
it, without providing any basis, requested an indefinite extension to respond to the Request and Interrogatories.
5 To date, no responses to the Request and Interrogatories have been provided.
6. On February 23, 2018, Defendant granted Plaintiff the courtesy of an extension through March
9, 2018 within which to respond to discovery. Plaintiff was also advised that its responses to the discovery
were untimely, and therefore any objections other than privileged were waived.
1
Filing 69263390 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
7 Plaintiff failed to provide the discovery responses by the agreed upon date of March 9, 2018.
Accordingly, Defendant granted a second extension through 12pm on March 14, 2018 within which to provide
the discovery responses. No such responses were provided within that extension.
8 Based upon the foregoing and pursuant to Rule 1.380 of the Florida Rules of Civil Procedure,
Defendant, Bruce Gimzek, is entitled to an order compelling Plaintiff to provide the requested discovery
responses identified herein. Any potential objections Plaintiff would have in responding to the Request and
Interrogatories (other than those based on privilege) are waived as untimely. Insurance Company of North
America v. Noya, 398 So.2d 836, 838 (Fla. 5"" DCA 1981)
9. Defendant has hired the undersigned attorneys to represent him in this matter for which he is
obligated to pay a reasonable fee. Pursuant to Rule 1.380(a)(4) of the Florida Rules of Civil Procedure,
Plaintiff is obligated to pay Defendant’s reasonable attorney’s fees incurred in having to seek an order
compelling discovery.
WHEREFORE, Defendant, Bruce Gimzek, respectfully requests this Court enter an order compelling
production of requested discovery, an award of attorneys’ fees and costs incurred herein, and for all other
relief this Court deems just and proper.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic
Mail through the Florida E-Portal, which will serve copies to: Damian G. Waldman, Esquire,
service@dwaldmanlaw.com, on this 14" day of March, 2018.
SCHILLINGER & COLEMAN, P.A.
Attorneys for Defendant, Bruce Gimzek
1311 Bedford Drive
Melbourne, FL 32940
(321) 255-3737
Primary Email: cschillinger@fla-lawyers.com
Secondary Emails: bvargas@fla-lawyers.com
By: /s/ Joel A. Goldfarb
CHARLES A. SCHILLINGER, ESQ.
Florida Bar No. 0870595
JOEL A. GOLDFARB, ESQ.
Florida Bar No. 0068855
2
Filing 69263390 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
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Filing # 69263390 E-Filed 03/14/2018 02:44:10 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA NEWPORT BEACH HOLDINGS, LLC, CASE NO. 05-2016-CA-53709-XXXX-XX Plaintiff, v, BRUCE GIMZEK, et al, Defendants. / MOTION TO COMPEL RESPONSES TO DISCOVERY COMES NOW, the Defendant, BRUCE GIMZEK., by and through the undersigned attorney and pursuant to Rule 1.380 of the Florida Rules of Civil Procedure, files this Motion to Compel Responses to Discovery, and in support states: 1 On January 16, 2018, Defendant, BRUCE GIMZEK, served Plaintiff, NEWPORT BEACH HOLDINGS, LLC, with a Request for Production of Documents (“Request”). A true and exact copy of the Request is attached hereto as Exhibit A. 2 Also on January 16, 2018, Defendant served Plaintiff with interrogatories (“Interrogatories”). A true and exact copy of the Interrogatories are attached hereto as Exhibit B. 3 Accordingly, Plaintiff's responses to the Request and Interrogatories were due on or before February 15, 2018. 4 On February 14, 2018 Plaintiff filed its Motion for Extension of Time (Docket #50) in which it, without providing any basis, requested an indefinite extension to respond to the Request and Interrogatories. 5 To date, no responses to the Request and Interrogatories have been provided. 6. On February 23, 2018, Defendant granted Plaintiff the courtesy of an extension through March 9, 2018 within which to respond to discovery. Plaintiff was also advised that its responses to the discovery were untimely, and therefore any objections other than privileged were waived. 1 Filing 69263390 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX 7 Plaintiff failed to provide the discovery responses by the agreed upon date of March 9, 2018. Accordingly, Defendant granted a second extension through 12pm on March 14, 2018 within which to provide the discovery responses. No such responses were provided within that extension. 8 Based upon the foregoing and pursuant to Rule 1.380 of the Florida Rules of Civil Procedure, Defendant, Bruce Gimzek, is entitled to an order compelling Plaintiff to provide the requested discovery responses identified herein. Any potential objections Plaintiff would have in responding to the Request and Interrogatories (other than those based on privilege) are waived as untimely. Insurance Company of North America v. Noya, 398 So.2d 836, 838 (Fla. 5"" DCA 1981) 9. Defendant has hired the undersigned attorneys to represent him in this matter for which he is obligated to pay a reasonable fee. Pursuant to Rule 1.380(a)(4) of the Florida Rules of Civil Procedure, Plaintiff is obligated to pay Defendant’s reasonable attorney’s fees incurred in having to seek an order compelling discovery. WHEREFORE, Defendant, Bruce Gimzek, respectfully requests this Court enter an order compelling production of requested discovery, an award of attorneys’ fees and costs incurred herein, and for all other relief this Court deems just and proper. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail through the Florida E-Portal, which will serve copies to: Damian G. Waldman, Esquire, service@dwaldmanlaw.com, on this 14" day of March, 2018. SCHILLINGER & COLEMAN, P.A. Attorneys for Defendant, Bruce Gimzek 1311 Bedford Drive Melbourne, FL 32940 (321) 255-3737 Primary Email: cschillinger@fla-lawyers.com Secondary Emails: bvargas@fla-lawyers.com By: /s/ Joel A. Goldfarb CHARLES A. SCHILLINGER, ESQ. Florida Bar No. 0870595 JOEL A. GOLDFARB, ESQ. Florida Bar No. 0068855 2 Filing 69263390 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX