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Filing # 70653309 E-Filed 04/12/2018 05:28:40 PM
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT IN AND
FOR BREVARD COUNTY, FLORIDA
CASE NO. 05-2016-CA-53709-XXXX-XX
NEWPORT BEACH HOLDINGS, LLC,
Plaintiff,
Vv.
BRUCE GIMZEK, et al,
Defendants.
/
ORDER ON DEFENDANT’S, BRUCE GIMZEK,
SECOND AMENDED MOTION TO COMPEL RESPONSES TO DISCOVERY
THIS CAUSE having come before the Court on April 10, 2018 on Defendant’s, Bruce Gimzek,
Second Amended Motion to Compel Responses to Discovery, and the Court being duly advised in the
premises, it is
ORDERED AND ADJUDGED as follows:
1 That Defendant’s Second Amended Motion to Compel Responses to Discovery is
hereby GRANTED in part and DENIED in part.
2 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is denied as to
Interrogatory 2, and Requests for Production 18, 19, 20, 21, 25, 27, 31, and 32.
3 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to
interrogatories 5, 6, and 14, and Plaintiff shall produce the payment history within twenty (20) days of
this order.
4 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to
interrogatory 7, and Plaintiff shall answer the interrogatory within twenty (20) days from the date of this
order, but said answer is limited to the boarding procedures for verification of this loan, and the dates on
which those procedures were performed, and by whom.
Filing 70653309 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
5 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to
interrogatory 8, and Plaintiff shall answer said interrogatory as well as produce the payment history
within twenty (20) days from the date of this order.
6 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to
interrogatory 9, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of
this order.
7 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to
interrogatory 10, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of
this order.
8 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to
interrogatory 11, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of
this order.
9 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to
interrogatory 12, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of
this order.
10. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to
interrogatory 13, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of
this order.
11. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to
interrogatory 17, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of
this order. Plaintiff's answer shall be limited to “all documents relied upon by you in responding to any
of the interrogatories herein.”
12. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request
for production 4, and Plaintiff shall produce all responsive documents within twenty (20) days from the
date of this order.
Filing 70653309 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
13, Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request
for production 6, and Plaintiff shall produce all responsive documents within twenty (20) days from the
date of this order.
14. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request
for production 10, and Plaintiff shall produce all responsive documents within twenty (20) days from the
date of this order. If Plaintiff's response to this request claims that a privilege applies, plaintiff shall
specifically identify the privilege and produce a privilege log which complies with the Florida Rules of
Civil Procedure.
15. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request
for production 11, and Plaintiff shall produce all responsive documents within twenty (20) days from the
date of this order.
16. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request
for production 16, and Plaintiff shall produce its collateral and origination files within twenty (20) days
from the date of this order.
17. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request
for production 17, and Plaintiff shall produce all responsive documents within twenty (20) days from the
date of this order.
18. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request
for production 22, and Plaintiff shall produce all responsive documents within twenty (20) days from the
date of this order. Plaintiff is production is limited to “all documents identifying your internal boarding
procedures for this loan.”
19. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request
for production 23, and Plaintiff shall produce all responsive documents within twenty (20) days from the
date of this order. If Plaintiff has no further responsive documents its response shall so state.
Filing 70653309 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
20. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request
for production 33, and Plaintiff shall produce all responsive documents within twenty (20) days from the
date of this order. If Plaintiff has no further responsive documents its response shall so state.
21. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request
for production 34, and Plaintiff shall produce all responsive documents within twenty (20) days from the
date of this order. If Plaintiff has no further responsive documents its response shall so state.
22. The Court takes no action on the request for attorneys’ fees asserted in Defendant’s, Bruce
Gimzek, Second Amended Motion to Compel.
DONE AND ORDERED in Viera, Brevard County, Florida, this _\ day of April, 2018.
ae
LISA DAVIDSON
Circuit Judge
Lisa Davidson
Ce: Charles A. Schillinger, Esquire; Damien G. Waldman, Esquire
Filing 70653309 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
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Filing # 70653309 E-Filed 04/12/2018 05:28:40 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO. 05-2016-CA-53709-XXXX-XX NEWPORT BEACH HOLDINGS, LLC, Plaintiff, Vv. BRUCE GIMZEK, et al, Defendants. / ORDER ON DEFENDANT’S, BRUCE GIMZEK, SECOND AMENDED MOTION TO COMPEL RESPONSES TO DISCOVERY THIS CAUSE having come before the Court on April 10, 2018 on Defendant’s, Bruce Gimzek, Second Amended Motion to Compel Responses to Discovery, and the Court being duly advised in the premises, it is ORDERED AND ADJUDGED as follows: 1 That Defendant’s Second Amended Motion to Compel Responses to Discovery is hereby GRANTED in part and DENIED in part. 2 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is denied as to Interrogatory 2, and Requests for Production 18, 19, 20, 21, 25, 27, 31, and 32. 3 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to interrogatories 5, 6, and 14, and Plaintiff shall produce the payment history within twenty (20) days of this order. 4 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to interrogatory 7, and Plaintiff shall answer the interrogatory within twenty (20) days from the date of this order, but said answer is limited to the boarding procedures for verification of this loan, and the dates on which those procedures were performed, and by whom. Filing 70653309 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX 5 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to interrogatory 8, and Plaintiff shall answer said interrogatory as well as produce the payment history within twenty (20) days from the date of this order. 6 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to interrogatory 9, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of this order. 7 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to interrogatory 10, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of this order. 8 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to interrogatory 11, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of this order. 9 Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to interrogatory 12, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of this order. 10. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to interrogatory 13, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of this order. 11. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to interrogatory 17, and Plaintiff shall answer said interrogatory within twenty (20) days from the date of this order. Plaintiff's answer shall be limited to “all documents relied upon by you in responding to any of the interrogatories herein.” 12. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request for production 4, and Plaintiff shall produce all responsive documents within twenty (20) days from the date of this order. Filing 70653309 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX 13, Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request for production 6, and Plaintiff shall produce all responsive documents within twenty (20) days from the date of this order. 14. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request for production 10, and Plaintiff shall produce all responsive documents within twenty (20) days from the date of this order. If Plaintiff's response to this request claims that a privilege applies, plaintiff shall specifically identify the privilege and produce a privilege log which complies with the Florida Rules of Civil Procedure. 15. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request for production 11, and Plaintiff shall produce all responsive documents within twenty (20) days from the date of this order. 16. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request for production 16, and Plaintiff shall produce its collateral and origination files within twenty (20) days from the date of this order. 17. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request for production 17, and Plaintiff shall produce all responsive documents within twenty (20) days from the date of this order. 18. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request for production 22, and Plaintiff shall produce all responsive documents within twenty (20) days from the date of this order. Plaintiff is production is limited to “all documents identifying your internal boarding procedures for this loan.” 19. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request for production 23, and Plaintiff shall produce all responsive documents within twenty (20) days from the date of this order. If Plaintiff has no further responsive documents its response shall so state. Filing 70653309 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX 20. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request for production 33, and Plaintiff shall produce all responsive documents within twenty (20) days from the date of this order. If Plaintiff has no further responsive documents its response shall so state. 21. Defendant’s, Bruce Gimzek, Second Amended Motion to Compel is granted as to request for production 34, and Plaintiff shall produce all responsive documents within twenty (20) days from the date of this order. If Plaintiff has no further responsive documents its response shall so state. 22. The Court takes no action on the request for attorneys’ fees asserted in Defendant’s, Bruce Gimzek, Second Amended Motion to Compel. DONE AND ORDERED in Viera, Brevard County, Florida, this _\ day of April, 2018. ae LISA DAVIDSON Circuit Judge Lisa Davidson Ce: Charles A. Schillinger, Esquire; Damien G. Waldman, Esquire Filing 70653309 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX