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Filing # 46432283 E-Filed 09/14/2016 12:38:34 PM
IN. THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE-15-022300
LUZ DEL CARMEN FLORES,,
Plaintiff,
ve
SAFEPOINT INSURANCE COMPANY,
INC..,,
Defendant.
(Eee EEE EEE EEEEELIs
DEFENDANT’S MOTION TO COMPEL RESPONSES TO DEFENDANT’S
INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION, AND
MOTION FOR SANCTIONS
COMES NOW Defendant, SAFEPOINT INSURANCE COMPANY, INC, by and
through its undersigned counsel, and hereby files its Motion to Compel Responses to
Defendant's Interrogatories and Defendant's Request for Production, and Motion for
Sanctions, and as grounds states:
1. This lawsuit arises from a dispute related to a claim for insurance benefits under a
homeowner's insurance policy issued by SAFEPOINT INSURANCE COMPANY,
INC. to Luz Del Carmen Flores (‘Plaintiff’).
2. On June 2, 2016, pursuant to Florida Rules of Civil Procedure 1.340 and 1.350
Defendant propounded unto Plaintiff, Defendant’s Interrogatories and Request for
Production.
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 SE. 6TH STREET, SUITE 2700 FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-9701 FAX
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/14/2016 12:38:34 PM.****CACE-15-022300
. Plaintiff filed a Motion for Extension of Time to Respond to Defendant's Discovery,
Defendant agreed to a 15-day extension making the discovery responses due on or
before August 25, 2016. An agreed order was submitted reflecting the same.
. On August 10, 2016, this Honorable Court entered an Order compelling the
Plaintiffs to respond to Defendant's discovery requests on or before August 25,
2016. [See Order attached and marked as Exhibit A]
. To date, and despite this Court's Order, the Plaintiffs have not responded to
Defendant's discovery requests.
. Plaintiff neither objected; responded nor otherwise contacted Defense Counsel with
respect to the outstanding discovery.
. Unfortunately, Defendant has been left with no other recourse but to seek further
Judicial intervention and seeks an Order Compelling Responses to Defendant's
Interrogatories and Defendant's Request for Production, as well as a rule to show
cause as to why answers have not been provided.
. The information requested in the above-mentioned discovery is vital and goes to the
heart of this litigation. Additionally, this case is set for trial: calendar call January 13,
2017 and trial period commencing January 23, 2017.
. Pursuant to Florida Rules of Civil Procedure 1.380, Defendant seeks sanctions
associated with preparing this motion and attending hearing on the same.
10.The movant, in good faith, has conferred or attempted to confer with the person or
party failing to make the discovery in an effort to secure the information or material
without court action.
Page 2
COLE, SCOTT & KISSANE, P.A.
MO TOWER 110SF 6TH STREET, SUITE 2700 -FT LAUDERDALE, FLORIDA 23201 (954) 703-3700 (954) 703-3701 FAXCACE-15-022300
WHEREFORE, the Defendant, SAFEPOINT INSURANCE COMPANY, INC.,
respectfully requests this Honorable Court enter an Order Compelling Plaintiff to
Provide Responses to Defendant's Interrogatories and Defendant's Request for
Production, and/or grant Motion for Sanctions, and any further relief deemed just and
equitable by this Honorable Court.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 14th day of September, 2016, 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: Andrew Carey Barnard, Esq.,
Barnard Law Offices, L.P., abarnard@barnardlawlp.com;office@barnardlawlp.com,
9665 South Dixie Highway, Suite 200, Miami, FL 33156, (305) 665-0000/(305) 328-
4866 (F), Attorney for Plaintiff, Luz Del Carmen Flores.
Page 3
COLE, SCOTT & KISSANE, P.A.
TIOTOWER 110S.C STHSTRECT. SUITE 2700 FT LAUDERDALE FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX0546.0107-00/3800726
By:
CACE-15-022300
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant SAFEPOINT
INSURANCE COMPANY, INC.,
110 Tower
110 S.E. 6th Street, Suite 2700
Fort Lauderdale, Florida 33301
Telephone (954) 703-3712
Facsimile (954) 703-3701
Primary e-mail: jennifer.smith@csklegal.com
Secondary e-mail: kevin.conneran@csklegal.com
Alternate e-mail:
s/ Kevin M. Conneran
JENNIFER J. SMITH
Florida Bar No.: 57322
KEVIN M. CONNERAN
Florida Bar No.: 119868
Page 4
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 SE, 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXFiling # 45043474 E-Filed 08/10/2016 11:54:50 AM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NO.: CACE-15-022300
LUZ DEL CARMEN FLORES,
Plaintiff,
ve
SAFEPOINT INSURANCE COMPANY, INC..,,
Defendant.
Pee eee
AGREED ORDER ON PLAINTIFF'S MOTION FOR EXTENSION OF TIME
TO RESPOND TO DEFENDANT'S DISCOVERY
THIS CAUSE having come before the Court on Plaintiff's Motion for Extension of
Time to Respond to Defendant’s Discovery and the court, having been advised that the
attorneys for the respective parties have agreed and stipulated hereto, and being otherwise fully
advised in the premises, it is,
ORDERED and ADJUDGED
1. That Plaintiff's Motion for Extension of Time to Respond to Defendant's
Discovery is hereby GRANTED.
2 That Defendant shall file its discovery responses on or before August 25, 2016.
DONE and ORDERED in Chambers at Broward County, Florida, this day of
, 2016.
BARBARA MCCARTHY
CIRCUIT COURT JUDGE
Copies furnished to:
Kevin M. Conneran, Esq., Cole, Scott & Kissane, P.A., 110 Tower, 110 S.E. 6th Street, Suite 2700, Fort Lauderdale, Florida
33301, kevin.conneran@csklegal.com
Andrew Carey Barnard, Esq., Barnard Law Offices, L.P., 9665 South Dixie Highway, Suite 200, Miami, FL 33156,
abarnard@barnardlawip.com;office@barnardiawip.com
EELS
chersoesnen 86K 0M
Electronically Signed by 21 McCarthy, Barbara (21) CACE15022300 08-10-2016 11:56 AM
*** FILED: BROWARD COUNTY. FL HOWARD FORMAN. CLERK 8/10/2016 11:56:20 AM >> *
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Filing # 46432283 E-Filed 09/14/2016 12:38:34 PM IN. THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-15-022300 LUZ DEL CARMEN FLORES,, Plaintiff, ve SAFEPOINT INSURANCE COMPANY, INC..,, Defendant. (Eee EEE EEE EEEEELIs DEFENDANT’S MOTION TO COMPEL RESPONSES TO DEFENDANT’S INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION, AND MOTION FOR SANCTIONS COMES NOW Defendant, SAFEPOINT INSURANCE COMPANY, INC, by and through its undersigned counsel, and hereby files its Motion to Compel Responses to Defendant's Interrogatories and Defendant's Request for Production, and Motion for Sanctions, and as grounds states: 1. This lawsuit arises from a dispute related to a claim for insurance benefits under a homeowner's insurance policy issued by SAFEPOINT INSURANCE COMPANY, INC. to Luz Del Carmen Flores (‘Plaintiff’). 2. On June 2, 2016, pursuant to Florida Rules of Civil Procedure 1.340 and 1.350 Defendant propounded unto Plaintiff, Defendant’s Interrogatories and Request for Production. COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 SE. 6TH STREET, SUITE 2700 FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-9701 FAX ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/14/2016 12:38:34 PM.****CACE-15-022300 . Plaintiff filed a Motion for Extension of Time to Respond to Defendant's Discovery, Defendant agreed to a 15-day extension making the discovery responses due on or before August 25, 2016. An agreed order was submitted reflecting the same. . On August 10, 2016, this Honorable Court entered an Order compelling the Plaintiffs to respond to Defendant's discovery requests on or before August 25, 2016. [See Order attached and marked as Exhibit A] . To date, and despite this Court's Order, the Plaintiffs have not responded to Defendant's discovery requests. . Plaintiff neither objected; responded nor otherwise contacted Defense Counsel with respect to the outstanding discovery. . Unfortunately, Defendant has been left with no other recourse but to seek further Judicial intervention and seeks an Order Compelling Responses to Defendant's Interrogatories and Defendant's Request for Production, as well as a rule to show cause as to why answers have not been provided. . The information requested in the above-mentioned discovery is vital and goes to the heart of this litigation. Additionally, this case is set for trial: calendar call January 13, 2017 and trial period commencing January 23, 2017. . Pursuant to Florida Rules of Civil Procedure 1.380, Defendant seeks sanctions associated with preparing this motion and attending hearing on the same. 10.The movant, in good faith, has conferred or attempted to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action. Page 2 COLE, SCOTT & KISSANE, P.A. MO TOWER 110SF 6TH STREET, SUITE 2700 -FT LAUDERDALE, FLORIDA 23201 (954) 703-3700 (954) 703-3701 FAXCACE-15-022300 WHEREFORE, the Defendant, SAFEPOINT INSURANCE COMPANY, INC., respectfully requests this Honorable Court enter an Order Compelling Plaintiff to Provide Responses to Defendant's Interrogatories and Defendant's Request for Production, and/or grant Motion for Sanctions, and any further relief deemed just and equitable by this Honorable Court. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 14th day of September, 2016, 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: Andrew Carey Barnard, Esq., Barnard Law Offices, L.P., abarnard@barnardlawlp.com;office@barnardlawlp.com, 9665 South Dixie Highway, Suite 200, Miami, FL 33156, (305) 665-0000/(305) 328- 4866 (F), Attorney for Plaintiff, Luz Del Carmen Flores. Page 3 COLE, SCOTT & KISSANE, P.A. TIOTOWER 110S.C STHSTRECT. SUITE 2700 FT LAUDERDALE FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX0546.0107-00/3800726 By: CACE-15-022300 COLE, SCOTT & KISSANE, P.A. Counsel for Defendant SAFEPOINT INSURANCE COMPANY, INC., 110 Tower 110 S.E. 6th Street, Suite 2700 Fort Lauderdale, Florida 33301 Telephone (954) 703-3712 Facsimile (954) 703-3701 Primary e-mail: jennifer.smith@csklegal.com Secondary e-mail: kevin.conneran@csklegal.com Alternate e-mail: s/ Kevin M. Conneran JENNIFER J. SMITH Florida Bar No.: 57322 KEVIN M. CONNERAN Florida Bar No.: 119868 Page 4 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 SE, 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXFiling # 45043474 E-Filed 08/10/2016 11:54:50 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-15-022300 LUZ DEL CARMEN FLORES, Plaintiff, ve SAFEPOINT INSURANCE COMPANY, INC..,, Defendant. Pee eee AGREED ORDER ON PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S DISCOVERY THIS CAUSE having come before the Court on Plaintiff's Motion for Extension of Time to Respond to Defendant’s Discovery and the court, having been advised that the attorneys for the respective parties have agreed and stipulated hereto, and being otherwise fully advised in the premises, it is, ORDERED and ADJUDGED 1. That Plaintiff's Motion for Extension of Time to Respond to Defendant's Discovery is hereby GRANTED. 2 That Defendant shall file its discovery responses on or before August 25, 2016. DONE and ORDERED in Chambers at Broward County, Florida, this day of , 2016. BARBARA MCCARTHY CIRCUIT COURT JUDGE Copies furnished to: Kevin M. Conneran, Esq., Cole, Scott & Kissane, P.A., 110 Tower, 110 S.E. 6th Street, Suite 2700, Fort Lauderdale, Florida 33301, kevin.conneran@csklegal.com Andrew Carey Barnard, Esq., Barnard Law Offices, L.P., 9665 South Dixie Highway, Suite 200, Miami, FL 33156, abarnard@barnardlawip.com;office@barnardiawip.com EELS chersoesnen 86K 0M Electronically Signed by 21 McCarthy, Barbara (21) CACE15022300 08-10-2016 11:56 AM *** FILED: BROWARD COUNTY. FL HOWARD FORMAN. CLERK 8/10/2016 11:56:20 AM >> *