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Filing # 35105079 E-Filed 12/03/2015 11:12:49 AM
IN THE CIRCUIT COURT OF THE 1774
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
BENJAMIN EDELL AND REBECCA EDELL, CASE NO.: CACE-15-013539 Div: 21
Plaintiffs,
vs.
HERITAGE PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ MOTION TO COMPEL DEPOSITION OF DEFENDANT’S
CORPORATE REPRESE TIVE AND FOR ATTORNEY’S FEES PURSUANT
TO RULE 1.380
COME NOW, Plaintiffs, BENJAMIN EDELL AND REBECCA EDELL (hereinafter
“Plaintiffs”), by and through undersigned counsel and pursuant to the applicable Florida Rules of
Civil Procedure, and hereby file this Motion to Compel, and in support thereof would state as
follows:
1. Plaintiffs’ undersigned counsel has attempted to schedule the deposition of Defendant’s
designated Corporate Representative pursuant to Fla. R. Civ. P. 1.310(b)(6).
2. Plaintiffs are in need of an Order from this Court compelling the deposition of Defendant’s
Corporate Representative as Plaintiffs would be severely prejudiced in their ability to prosecute
their case without this deposition.
3. Plaintiffs have been forced to file this motion despite attempts to coordinate the
deposition. See correspondence attached hereto as Exhibit “A.”
4. Plaintiffs also seek an award of attorney’s fees.
5. Pursuant to Rule 1.380(a)(4) of the Florida Rules of Civil Procedure, attorney's fees for
bringing this motion are mandatory unless the Court finds opposition to the motion was justified,
1
DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 « (F) (305) 675-2685
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/3/2015 11:12:49 AM.****or that other circumstances make an award of fees unjust.
WHEREFORE, Plaintiffs, BENJAMIN EDELL AND REBECCA EDELL, request this
Court to enter an Order compelling Defendant to coordinate and produce Defendant’s Corporate
Representative for deposition as stated above and awarding reasonable attorney’s fees and costs
pursuant to Rule 1.380(a)(4).
RTIFICATE ERV.
I HEREBY CERTIFY a true copy of the foregoing has been furnished electronically
via the Florida Courts E-Filing Portal to: Glenn H. Malin, Esq., Attorney for Defendant at
mmalin@ftl-law.com and jguarente@ftl-law.com, on December 3, 2015.
Respectfully submitted,
DAVID LOW & ASSOCIATES, P.A.
20195 N.E. 16" Place, Second Floor
Miami, Florida 33179
Tel.: (305) 935-8986
Fax: (305) 675-2685
E-Service Email: eservice@davidlowpa.com
Non-Service Email:david@davidlowpa.com
DAVID LOW, ESQ. fBN! |} 42%
fot Florida Bar No.: 67957
AMANDA WINSTON, ESQ.
Florida Bar No.: 115644
2
DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179
(T) (305) 935-8986 « (F) (305) 675-2685Davip Low, Esq.
Davin Low & Associates, P.A. Monique A. Low, Esq.
Penntt BaRasCH GOLDMANN, Esa.
November 17, 2015
Sent via E-mail: gmalin@ftl-law.com; jguarente@ftl-law.com
Glenn H. Malin, Esq.
Peterson Bernard
07 S.E. 3 Avenue, Suite 500
Fort Lauderdale, Florida 33316
Re: | BENJAMIN EDELL AND REBECCA EDELL VS. HERITAGE PROPERTY
AND CASUALTY INSURANCE COMPANY,
Case No.: CACE-15-013539 Division:21
Dear Mr. Malin:
We are requesting a mutually convenient date and time to schedule the deposition of Defendant’s
Corporate Representative pursuant to Florida Rules of Civil Procedure 1.310(b)(6) to testify on its
behalf regarding the areas of inquiry attached hereto as Exhibit “A”.
Please contact our scheduling coordinator, Nicola Wimbush, at office@davidlowpa.com and
advise of the dates that are convenient for you and the Defendant’s Corporate Representative.
If we do not hear from you within ten (10) business days from the date of this letter, we will have
no alternative but to seek judicial intervention.
Thank you in advance for your anticipated cooperation.
Very truly yours,
/s/ Amanda Winston
Amanda Winston, Esq.
Enclosure EXHIBIT
AA
Davip Low & Associates, PA. | 20195 N.E. 167TH Pracr, Second Floor | Miami, Froriva 33179
P: 305-935-8986 | F: 305-675-2685 | office@davidlowpa.com
www. davidlowpa.com
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Filing # 35105079 E-Filed 12/03/2015 11:12:49 AM IN THE CIRCUIT COURT OF THE 1774 JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA BENJAMIN EDELL AND REBECCA EDELL, CASE NO.: CACE-15-013539 Div: 21 Plaintiffs, vs. HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFFS’ MOTION TO COMPEL DEPOSITION OF DEFENDANT’S CORPORATE REPRESE TIVE AND FOR ATTORNEY’S FEES PURSUANT TO RULE 1.380 COME NOW, Plaintiffs, BENJAMIN EDELL AND REBECCA EDELL (hereinafter “Plaintiffs”), by and through undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure, and hereby file this Motion to Compel, and in support thereof would state as follows: 1. Plaintiffs’ undersigned counsel has attempted to schedule the deposition of Defendant’s designated Corporate Representative pursuant to Fla. R. Civ. P. 1.310(b)(6). 2. Plaintiffs are in need of an Order from this Court compelling the deposition of Defendant’s Corporate Representative as Plaintiffs would be severely prejudiced in their ability to prosecute their case without this deposition. 3. Plaintiffs have been forced to file this motion despite attempts to coordinate the deposition. See correspondence attached hereto as Exhibit “A.” 4. Plaintiffs also seek an award of attorney’s fees. 5. Pursuant to Rule 1.380(a)(4) of the Florida Rules of Civil Procedure, attorney's fees for bringing this motion are mandatory unless the Court finds opposition to the motion was justified, 1 DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 « (F) (305) 675-2685 *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/3/2015 11:12:49 AM.****or that other circumstances make an award of fees unjust. WHEREFORE, Plaintiffs, BENJAMIN EDELL AND REBECCA EDELL, request this Court to enter an Order compelling Defendant to coordinate and produce Defendant’s Corporate Representative for deposition as stated above and awarding reasonable attorney’s fees and costs pursuant to Rule 1.380(a)(4). RTIFICATE ERV. I HEREBY CERTIFY a true copy of the foregoing has been furnished electronically via the Florida Courts E-Filing Portal to: Glenn H. Malin, Esq., Attorney for Defendant at mmalin@ftl-law.com and jguarente@ftl-law.com, on December 3, 2015. Respectfully submitted, DAVID LOW & ASSOCIATES, P.A. 20195 N.E. 16" Place, Second Floor Miami, Florida 33179 Tel.: (305) 935-8986 Fax: (305) 675-2685 E-Service Email: eservice@davidlowpa.com Non-Service Email:david@davidlowpa.com DAVID LOW, ESQ. fBN! |} 42% fot Florida Bar No.: 67957 AMANDA WINSTON, ESQ. Florida Bar No.: 115644 2 DAvip Low & ASSOCIATES, P.A. * 20195 N.E. 16™ PLACE, SECOND FLOOR * MIAMI, FLORIDA 33179 (T) (305) 935-8986 « (F) (305) 675-2685Davip Low, Esq. Davin Low & Associates, P.A. Monique A. Low, Esq. Penntt BaRasCH GOLDMANN, Esa. November 17, 2015 Sent via E-mail: gmalin@ftl-law.com; jguarente@ftl-law.com Glenn H. Malin, Esq. Peterson Bernard 07 S.E. 3 Avenue, Suite 500 Fort Lauderdale, Florida 33316 Re: | BENJAMIN EDELL AND REBECCA EDELL VS. HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, Case No.: CACE-15-013539 Division:21 Dear Mr. Malin: We are requesting a mutually convenient date and time to schedule the deposition of Defendant’s Corporate Representative pursuant to Florida Rules of Civil Procedure 1.310(b)(6) to testify on its behalf regarding the areas of inquiry attached hereto as Exhibit “A”. Please contact our scheduling coordinator, Nicola Wimbush, at office@davidlowpa.com and advise of the dates that are convenient for you and the Defendant’s Corporate Representative. If we do not hear from you within ten (10) business days from the date of this letter, we will have no alternative but to seek judicial intervention. Thank you in advance for your anticipated cooperation. Very truly yours, /s/ Amanda Winston Amanda Winston, Esq. Enclosure EXHIBIT AA Davip Low & Associates, PA. | 20195 N.E. 167TH Pracr, Second Floor | Miami, Froriva 33179 P: 305-935-8986 | F: 305-675-2685 | office@davidlowpa.com www. davidlowpa.com