Preview
Filing # 55898086 E-Filed 05/03/2017 09:53:11 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO. CACE-16-022725 (04)
JOHN SPAIN,
Plaintiff,
vs.
RIVERSTONE COMMUNITIES, LLC and
ORANGE BLOSSOM MHP, LLC,
Defendants.
/
PLAINTIFF'S MOTION TO COMPEL AND FOR SANCTIONS
COMES NOW the Plaintiff, JOHN SPAIN by and through his undersigned counsel, and files
this Motion to Compel and For Sanctions and as grounds to support thereof, states:
1. This is a personal injury action.
2. Plaintiff served Defendants, RIVERSTONE COMMUNITIES, LLC and ORANGE
BLOSSOM MPP, LLC, with initial interrogatories and a request to produce on December 20, 2016,
along with service of the summons and complaint.
3. Discovery responses were initially due by January 25, 2017. On February 14, 2017,
Defendants moved for an extension of time to respond to Plaintiff's discovery which Plaintiff agreed
to, resulting in entry of an agreed order requiring defendant to respond to Plaintiff's initial discovery
by March 6, 2017. (Exhibit “A”)
4. Upon Defendants’ request, Plaintiff thereafter agreed to give Defendant until March
21, 2017 to respond to the discovery.
5. Despite multiple extensions of time, Defendants, RIVERSTONE COMMUNITIES,
LLC and ORANGE BLOSSOM MHP, LLC, did not respond to the discovery in accordance with the
Court’s Order and the subsequent extension.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 5/3/2017 9:53:11 AM.****6. On April 17, 2017, undersigned counsel again requested that Defendants,
RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC, respond to the discovery
but Defendants have still failed or refused to respond, (Exhibit “B”) thus forcing Plaintiff to file this motion.
7. Defendants, RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC,
have willfully failed to comply with this Court's Order and to respond to Plaintiff's outstanding discovery
requests.
8. Defendants’ failure to comply has prejudiced Plaintiff's ability to prosecute this matter.
9. Defendants should be compelled to respond to Plaintiff's discovery immediately and
sanctioned for its failure to comply with this Court's order.
410. Undersigned counsel was forced to file this motion due to Defendants’ conduct in this matter
and has incurred attorney fees for the preparation and prosecution of this motion.
WHEREFORE, Plaintiff, JOHN SPAIN, respectfully requests this Court enter an order granting this
Motion to Compel and For Sanctions, including but not limited to an award of attorney fees and/or costs.
| HEREBY CERTIFY that a copy of the foregoing has been furnished by E-Mail to: GENEVIEVE P.
RUPELLI, ESQUIRE, Cole, Scott & Kissane, P.A., Attorneys for Defendants, genevieve.rupelli@csklegal.com:
tiffany.gomez@csklegal.com; this_!_ day of May, 2017.
KOPPEL & ASSOCIATES, P.A.
Attorneys for Plaintiff
817 South University Drive, #100
Plantation, FL 33324
954) 370-7878/Fax: 370-7849
<\V >
Mh
JAYNE S. KOPPEL
FLA. BAR NO. 699543
E-mail: Service@koppeliaw.net
Wayne@koppellaw.netFiling # 52451392 E-Filed 02/14/2017 09:57:28 AM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, INAND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE 16-022725 (04)
JOHN SPAIN,
Plaintiff,
Vv.
RIVERSTONE COMMUNITIES, LLC AND
ORANGE BLOSSOM MHP, LLC,
Defendant.
/
DEFENDANT’S MOTION FOR EXTENSION
OF TIME TO RESPOND TO DISCOVERY
COME NOW the Defendants, RIVERSTONE COMMUNITIES, LLC AND
ORANGE BLOSSOM MHP, LLC, (hereinafter “Defendants”) by and through its
undersigned counsel, hereby files this Motion for Extension of Time to Respond to the
Interrogatories and Request to Produce, and as grounds therefore states as follows:
41. Plaintiff served Defendants’ initial Interrogatories and Request to Produce
along with the Summons and Complaint on December 20, 2016.
3. As of the date of the filing of this motion, the undersigned has not received
all the required information and documents to be able to fully and properly respond to
Plaintiff's discovery.
4. There is no trial pending in this matter at this time, and this motion is not
intended for the purposes of delay. The granting of this Motion will not prejudice either
party.
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.£ 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 83901 (954) 709-3700 (854) 703-3701 FAX
Exhibit "A"CASE NO.: CACE 16-022725 (04)
5. Defendant respectfully requests this Court to enter an Order granting an
extension within which to respond to Plaintiff's Discovery.
WHEREFORE, Defendants, RIVERSTONE COMMUNITIES, LLC AND ORANGE
BLOSSOM MHP, LLC, respectfully requests that this Honorable Court enter an Order
granting its Motion for Extension of Time to Respond to Plaintiff's Discovery.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 14th day of February, 2017, a true and correct
copy of the foregoing was filed with the Clerk of Broward County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Wayne S. Koppel, Esq., Koppel &
Associates, P.A., service@koppellaw.net; wayne@koppellaw. net;
cheree@koppellaw.net, 817 South University Drive, Suite 100, Plantation, FL 33324,
(954) 370-7878/(954) 370-7849 (F), Attorney for Claimant, John Spain.
Page 2
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX0389.0058-00/5525180
CASE NO.: CACE 16-022725 (04)
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant RIVERSTONE
COMMUNITIES, LLC AND ORANGE
BLOSSOM MHP, LLC
110 Tower
110 S.E. 6th Street, Suite 2700
Fort Lauderdale, Florida 33301
Telephone (954) 703-3757
Facsimile (954) 703-3701
Primary e-mail: genevieve.rupelli@csklegal.com
Secondary e-mail: tiffany.gomez@csklegal.com
By: _s/ Genevieve P. Rupelli
GENEVIEVE P. RUPELLI
Florida Bar No.: 780901
Page 3
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110. E 6TH STREET, SUITE 2700 - FT, LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXFiling # 52747998 E-Filed 02/21/2017 10:59:22 AM
IN THE CIRCUIT COURT OF THE
417TH JUDICIAL CIRCUIT, INAND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE 16-022725 (04)
JOHN SPAIN,
Plaintiff,
ve
RIVERSTONE COMMUNITIES, LLC AND
ORANGE BLOSSOM MHP, LLC,
Defendant.
/
AGREED ORDER ON DEFENDANTS’ MOTION
FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S DISCOVERY
THIS CAUSE having been brought before the Court on Defendants’ Motion for
Extension of Time to Respond to Plaintiff's Discovery, and the Court having been advised
that the parties are in agreement, it is hereby:
ORDERED AND ADJUDGED that Defendants’ Motion for Extension of Time to
Respond to Plaintiff's Discovery is hereby GRANTED. Defendant shall have 20 days
from February 14, 2017 to respond to Plaintiff's Discovery.
DONE and ORDERED in Chambers at Broward County, Florida, this__ day of
, 2017.
SANDRA PERLMAN
CIRCUIT JUDGE
Copies furnished to:
Genevieve P. Rupelli, Esq., Cole, Scott & Kissane, P.A., 110 Tower, 110 S.E. 6th Street, Suite 2700, Fort
Lauderdale, Florida 33301, genevieve.rupelli@csklegal.com
Wayne S. Koppel, Esq., Koppel & Associates, P.A., 817 South University Drive, Suite 100, Plantation, FL 33324,
service@koppellaw.net, wayne@koppellaw.net, cheree@koppellaw.net
oA wnzrg cre Gy josean
Electronically Signed by Perlman, Sandra CACE16022725 02-21-2017 10:59 AMne Koppel & Associates, P.A. ast SREDRRAEEE!
AtTorneys AT Law Eric L. BERGER
817 SouTH Untversiry Drive, SuITE 100 * PLANTATION, FLORIDA 33324 * Tet 954.370.7878 Fax 954.370.7849 * wwWw.KOPPELLAW.NET
April 17, 2017
MAIL & FAX:(954) 703-3701
Genevieve P. Rupelli, Esquire
Cole, Scott & Kissane, P.A.
110 Tower, Suite 2700
110 S.E. 6th Street
Fort Lauderdale, FL 33301
RE: John Spain v. Riverstone Communities, LLC
Our File No. K0341-15
Dear Ms. Rupelli:
lam once again following up with you to determine when we will receive defendant's
answers to plaintiff's initial interrogatories and request for production.
The responses were initially due March 6" and we gave you an extension until
March 21* but have not received anything yet.
If we don't hear from you by the end of the week, we will file a motion to compel and
for sanctions.
Thanks for your anticipated cooperation.
Very truly yours,
WAYNE S. KOPPEL
WSK:ctc
Exhibit “B"
Preview
Filing # 55898086 E-Filed 05/03/2017 09:53:11 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-16-022725 (04) JOHN SPAIN, Plaintiff, vs. RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC, Defendants. / PLAINTIFF'S MOTION TO COMPEL AND FOR SANCTIONS COMES NOW the Plaintiff, JOHN SPAIN by and through his undersigned counsel, and files this Motion to Compel and For Sanctions and as grounds to support thereof, states: 1. This is a personal injury action. 2. Plaintiff served Defendants, RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MPP, LLC, with initial interrogatories and a request to produce on December 20, 2016, along with service of the summons and complaint. 3. Discovery responses were initially due by January 25, 2017. On February 14, 2017, Defendants moved for an extension of time to respond to Plaintiff's discovery which Plaintiff agreed to, resulting in entry of an agreed order requiring defendant to respond to Plaintiff's initial discovery by March 6, 2017. (Exhibit “A”) 4. Upon Defendants’ request, Plaintiff thereafter agreed to give Defendant until March 21, 2017 to respond to the discovery. 5. Despite multiple extensions of time, Defendants, RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC, did not respond to the discovery in accordance with the Court’s Order and the subsequent extension. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 5/3/2017 9:53:11 AM.****6. On April 17, 2017, undersigned counsel again requested that Defendants, RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC, respond to the discovery but Defendants have still failed or refused to respond, (Exhibit “B”) thus forcing Plaintiff to file this motion. 7. Defendants, RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC, have willfully failed to comply with this Court's Order and to respond to Plaintiff's outstanding discovery requests. 8. Defendants’ failure to comply has prejudiced Plaintiff's ability to prosecute this matter. 9. Defendants should be compelled to respond to Plaintiff's discovery immediately and sanctioned for its failure to comply with this Court's order. 410. Undersigned counsel was forced to file this motion due to Defendants’ conduct in this matter and has incurred attorney fees for the preparation and prosecution of this motion. WHEREFORE, Plaintiff, JOHN SPAIN, respectfully requests this Court enter an order granting this Motion to Compel and For Sanctions, including but not limited to an award of attorney fees and/or costs. | HEREBY CERTIFY that a copy of the foregoing has been furnished by E-Mail to: GENEVIEVE P. RUPELLI, ESQUIRE, Cole, Scott & Kissane, P.A., Attorneys for Defendants, genevieve.rupelli@csklegal.com: tiffany.gomez@csklegal.com; this_!_ day of May, 2017. KOPPEL & ASSOCIATES, P.A. Attorneys for Plaintiff 817 South University Drive, #100 Plantation, FL 33324 954) 370-7878/Fax: 370-7849 <\V > Mh JAYNE S. KOPPEL FLA. BAR NO. 699543 E-mail: Service@koppeliaw.net Wayne@koppellaw.netFiling # 52451392 E-Filed 02/14/2017 09:57:28 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, INAND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 16-022725 (04) JOHN SPAIN, Plaintiff, Vv. RIVERSTONE COMMUNITIES, LLC AND ORANGE BLOSSOM MHP, LLC, Defendant. / DEFENDANT’S MOTION FOR EXTENSION OF TIME TO RESPOND TO DISCOVERY COME NOW the Defendants, RIVERSTONE COMMUNITIES, LLC AND ORANGE BLOSSOM MHP, LLC, (hereinafter “Defendants”) by and through its undersigned counsel, hereby files this Motion for Extension of Time to Respond to the Interrogatories and Request to Produce, and as grounds therefore states as follows: 41. Plaintiff served Defendants’ initial Interrogatories and Request to Produce along with the Summons and Complaint on December 20, 2016. 3. As of the date of the filing of this motion, the undersigned has not received all the required information and documents to be able to fully and properly respond to Plaintiff's discovery. 4. There is no trial pending in this matter at this time, and this motion is not intended for the purposes of delay. The granting of this Motion will not prejudice either party. COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.£ 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 83901 (954) 709-3700 (854) 703-3701 FAX Exhibit "A"CASE NO.: CACE 16-022725 (04) 5. Defendant respectfully requests this Court to enter an Order granting an extension within which to respond to Plaintiff's Discovery. WHEREFORE, Defendants, RIVERSTONE COMMUNITIES, LLC AND ORANGE BLOSSOM MHP, LLC, respectfully requests that this Honorable Court enter an Order granting its Motion for Extension of Time to Respond to Plaintiff's Discovery. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 14th day of February, 2017, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Wayne S. Koppel, Esq., Koppel & Associates, P.A., service@koppellaw.net; wayne@koppellaw. net; cheree@koppellaw.net, 817 South University Drive, Suite 100, Plantation, FL 33324, (954) 370-7878/(954) 370-7849 (F), Attorney for Claimant, John Spain. Page 2 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX0389.0058-00/5525180 CASE NO.: CACE 16-022725 (04) COLE, SCOTT & KISSANE, P.A. Counsel for Defendant RIVERSTONE COMMUNITIES, LLC AND ORANGE BLOSSOM MHP, LLC 110 Tower 110 S.E. 6th Street, Suite 2700 Fort Lauderdale, Florida 33301 Telephone (954) 703-3757 Facsimile (954) 703-3701 Primary e-mail: genevieve.rupelli@csklegal.com Secondary e-mail: tiffany.gomez@csklegal.com By: _s/ Genevieve P. Rupelli GENEVIEVE P. RUPELLI Florida Bar No.: 780901 Page 3 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110. E 6TH STREET, SUITE 2700 - FT, LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXFiling # 52747998 E-Filed 02/21/2017 10:59:22 AM IN THE CIRCUIT COURT OF THE 417TH JUDICIAL CIRCUIT, INAND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 16-022725 (04) JOHN SPAIN, Plaintiff, ve RIVERSTONE COMMUNITIES, LLC AND ORANGE BLOSSOM MHP, LLC, Defendant. / AGREED ORDER ON DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S DISCOVERY THIS CAUSE having been brought before the Court on Defendants’ Motion for Extension of Time to Respond to Plaintiff's Discovery, and the Court having been advised that the parties are in agreement, it is hereby: ORDERED AND ADJUDGED that Defendants’ Motion for Extension of Time to Respond to Plaintiff's Discovery is hereby GRANTED. Defendant shall have 20 days from February 14, 2017 to respond to Plaintiff's Discovery. DONE and ORDERED in Chambers at Broward County, Florida, this__ day of , 2017. SANDRA PERLMAN CIRCUIT JUDGE Copies furnished to: Genevieve P. Rupelli, Esq., Cole, Scott & Kissane, P.A., 110 Tower, 110 S.E. 6th Street, Suite 2700, Fort Lauderdale, Florida 33301, genevieve.rupelli@csklegal.com Wayne S. Koppel, Esq., Koppel & Associates, P.A., 817 South University Drive, Suite 100, Plantation, FL 33324, service@koppellaw.net, wayne@koppellaw.net, cheree@koppellaw.net oA wnzrg cre Gy josean Electronically Signed by Perlman, Sandra CACE16022725 02-21-2017 10:59 AMne Koppel & Associates, P.A. ast SREDRRAEEE! AtTorneys AT Law Eric L. BERGER 817 SouTH Untversiry Drive, SuITE 100 * PLANTATION, FLORIDA 33324 * Tet 954.370.7878 Fax 954.370.7849 * wwWw.KOPPELLAW.NET April 17, 2017 MAIL & FAX:(954) 703-3701 Genevieve P. Rupelli, Esquire Cole, Scott & Kissane, P.A. 110 Tower, Suite 2700 110 S.E. 6th Street Fort Lauderdale, FL 33301 RE: John Spain v. Riverstone Communities, LLC Our File No. K0341-15 Dear Ms. Rupelli: lam once again following up with you to determine when we will receive defendant's answers to plaintiff's initial interrogatories and request for production. The responses were initially due March 6" and we gave you an extension until March 21* but have not received anything yet. If we don't hear from you by the end of the week, we will file a motion to compel and for sanctions. Thanks for your anticipated cooperation. Very truly yours, WAYNE S. KOPPEL WSK:ctc Exhibit “B"