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Filing # 44575808 E-Filed 07/28/2016 06:54:17 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
BRIGITTE M. EDELMAIER, CASE NO.: CACE16000038 (03)
Plaintiff,
vs.
SEAN WILKE AND STATE FARM
MUTUAL AUTOMOBILE INSURANCE
COMPANY,
Defendant.
/
DEFENDANT'S, STATE FARM, MOTION FOR SANCTIONS AGAINST PLAINTIFF
COMES NOW the Defendant, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, by and through their undersigned counsel, and files their Motion
for Sanctions against the Plaintiff, BRIGITTE M. EDELMAIER, and as grounds therefore
states as follows:
1. On February 25, 2016, Defendant propounded Interrogatories to the Plaintiff. The
Plaintiff filed her Answers to the Defendant’s Interrogatories on May 23, 2016.
2. Since the Plaintiffs Answers to Interrogatory numbers 11, 12, 26 and 29 were
incomplete, the Defendant filed a Motion to Compel Better Answers to Interrogatory numbers
11, 12, 26 and 29 on May 26, 2016,
3. On July 7, 2016, the Court entered an Order granting Defendant's Motion to
Compel Better Answers to Interrogatory numbers 11, 12, 26 and 29, wherein the Plaintiff was
ordered to provide better answers to Interrogatory numbers 11, 12, 26 and 29 by July 22, 2016.
4. Despite the Court’s Order dated July 7, 2016, the Plaintiff has failed to provide
the Defendant with the Better Answers to Interrogatories. As of the date of this Motion, the
undersigned has not received the Plaintiff's Better Answers to Interrogatories to said discovery.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/28/2016 6:54:17 PM.****5. Plaintiff's failure to comply with the Rules of Civil Procedure and deliberate
disregard of an Order of this Honorable Court has necessitated the expenditure of needless time
and expense in an attempt for the Defendant to acquire the aforesaid discovery materials.
6. Plaintiff's actions can be considered none other than obstructive and dilatory, and
as such, the Defendant should be entitled to an award of reasonable attorney’s fees associated
with all efforts to obtain the discovery materials.
WHEREFORE, Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, respectfully requests this Honorable Court enter an Order imposing appropriate
sanctions against the Plaintiff for Plaintiff's failure to comply with the Florida Rules of Civil
Procedure and the Court Order dated July 7, 2016, and for any and all further relief that this
Honorable Court deems just and proper in the premises.
I HEREBY CERTIFY that on July 28, 2016, the foregoing was electronically filed with
the Florida Courts E-Filing Portal and that as a registered participant of the Portal I have
effectuated service through the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin., on
Anthony Abiuso, Jr., Esq., Law Office of George L. Cimballa, III, 8151 Peters Road, Suite 3300
Plantation, FL 33324 , Simon E. Pineres, Esq., Simon & Zacharewski, L.L.P. and Nicholas
Zacharewski, Esq., Simon & Zacharewski, L.L.P..
Nicholas J. Ryan & Associates
110 S. E. 6th Street, Suite 2100
Fort Lauderdale, FL 33301
Telephone: (954) 627-9401
E-mail for service (FL R. Jud. Admin. 2.516):
flor.law-shericritelli.298019@statefarm.com
| Gn: Chand
Sheri Critelli-Fabiano, Esq.
Florida Bar No.: 813508
Attorney for Defendant, State Farm
By
Attomeys and Staff of Nicholas J. Ryan & Associates are Employees
of the Law Department of State Farm Mutual Automobile Insurance
Company
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Filing # 44575808 E-Filed 07/28/2016 06:54:17 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA BRIGITTE M. EDELMAIER, CASE NO.: CACE16000038 (03) Plaintiff, vs. SEAN WILKE AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. / DEFENDANT'S, STATE FARM, MOTION FOR SANCTIONS AGAINST PLAINTIFF COMES NOW the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, by and through their undersigned counsel, and files their Motion for Sanctions against the Plaintiff, BRIGITTE M. EDELMAIER, and as grounds therefore states as follows: 1. On February 25, 2016, Defendant propounded Interrogatories to the Plaintiff. The Plaintiff filed her Answers to the Defendant’s Interrogatories on May 23, 2016. 2. Since the Plaintiffs Answers to Interrogatory numbers 11, 12, 26 and 29 were incomplete, the Defendant filed a Motion to Compel Better Answers to Interrogatory numbers 11, 12, 26 and 29 on May 26, 2016, 3. On July 7, 2016, the Court entered an Order granting Defendant's Motion to Compel Better Answers to Interrogatory numbers 11, 12, 26 and 29, wherein the Plaintiff was ordered to provide better answers to Interrogatory numbers 11, 12, 26 and 29 by July 22, 2016. 4. Despite the Court’s Order dated July 7, 2016, the Plaintiff has failed to provide the Defendant with the Better Answers to Interrogatories. As of the date of this Motion, the undersigned has not received the Plaintiff's Better Answers to Interrogatories to said discovery. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/28/2016 6:54:17 PM.****5. Plaintiff's failure to comply with the Rules of Civil Procedure and deliberate disregard of an Order of this Honorable Court has necessitated the expenditure of needless time and expense in an attempt for the Defendant to acquire the aforesaid discovery materials. 6. Plaintiff's actions can be considered none other than obstructive and dilatory, and as such, the Defendant should be entitled to an award of reasonable attorney’s fees associated with all efforts to obtain the discovery materials. WHEREFORE, Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, respectfully requests this Honorable Court enter an Order imposing appropriate sanctions against the Plaintiff for Plaintiff's failure to comply with the Florida Rules of Civil Procedure and the Court Order dated July 7, 2016, and for any and all further relief that this Honorable Court deems just and proper in the premises. I HEREBY CERTIFY that on July 28, 2016, the foregoing was electronically filed with the Florida Courts E-Filing Portal and that as a registered participant of the Portal I have effectuated service through the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin., on Anthony Abiuso, Jr., Esq., Law Office of George L. Cimballa, III, 8151 Peters Road, Suite 3300 Plantation, FL 33324 , Simon E. Pineres, Esq., Simon & Zacharewski, L.L.P. and Nicholas Zacharewski, Esq., Simon & Zacharewski, L.L.P.. Nicholas J. Ryan & Associates 110 S. E. 6th Street, Suite 2100 Fort Lauderdale, FL 33301 Telephone: (954) 627-9401 E-mail for service (FL R. Jud. Admin. 2.516): flor.law-shericritelli.298019@statefarm.com | Gn: Chand Sheri Critelli-Fabiano, Esq. Florida Bar No.: 813508 Attorney for Defendant, State Farm By Attomeys and Staff of Nicholas J. Ryan & Associates are Employees of the Law Department of State Farm Mutual Automobile Insurance Company