On December 29, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Advanced Chiropractic And Rehabilitation Center Inc,
and
21St Century Centennial Insurance Company,
for SMALL CLAIMS PIP 2 - $100 - $500
in the District Court of Pinellas County.
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Filing # 52680596 E-Filed 02/17/2017 06:42:58 PM
IN THE COUNTY COURT OF THE 6TH
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
ADVANCED CHIROPRACTIC AND CASE NO.: 16-012134 SC
REHABILITATION CENTER, INC., a/a/o
BERNADETTE DONATO,
Plaintiff,
Vs.
21ST CENTURY CENTENNIAL
INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO
PLAINTIFF’S DISCOVERY AND OBJECTIONS
COMES NOW, the Defendant, 215 CENTURY CENTENNIAL INSURANCE
COMPANY, by and through its undersigned counsel, and files this Motion for
Enlargement of Time to Respond to Plaintiffs Discovery, pursuant to Rule 1.100 and
Rule 1.340 and Rule 1.350, Fla. R. Civ. P., and in grounds in support states:
1. Plaintiff served its First Interrogatories and and First Request To Produce
upon Defendant along with the Complaint.
2. Defendant has 45 (thirty) days to file responses to Plaintiff's discovery.
3. The undersigned requests additional time to respond to said discovery, as
he is awaiting additional documentation from his client. Therefore, Defendant is not in a
position to fully respond to the majority of Plaintiff's discovery requests.
***ELECTRONICALLY FILED 02/17/2017 06:42:57 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***4, Further, the undersigned counsel requests additional time to confer with
Defendant with respect to her written responses to Plaintiff’ s Interrogatories.
5. Therefore, Defendants request additional time to file written responses to
Plaintiff's written discovery, and provide the additional information requested in the
Request to Produce.
6. With the filing of this motion, Defendant does not waive any and all
privileges and objections to any of Plaintiffs discovery requests. In Plaintiff's First
Interrogatories (1-7) and First Request to Produce (1-18), Plaintiff requests information
that Defendant objects to on the grounds that certain requests, and certain portions of the
requests violate the attorney-client and work product privileges. Defendant further
objects to certain requests and interrogatories on the grounds that certain portions are
overly broad, vague, ambiguous, beyond the scope of discovery and are not relevant or
calculated to lead to the discovery of admissible evidence. Additionally, discovery
remains ongoing and Defendant will provide all information it intends to rely upon for
hearing and at trial in sufficient time to not prejudice Plaintiff. It has not identified its
experts at this time. Lastly, Defendant does not waive any objection if the requested
information is not maintained in its normal course of business.
7. The undersigned did not speak with counsel for Plaintiff regarding this
request prior to the undersigned filing this motion today.
8. Plaintiff would not be prejudiced by the Court granting Defendant’s
Motion, as this lawsuit is in the early stages of discovery.9. This motion is being made in good faith and not for purposes of delay.
The undersigned’s office requires additional time to prepare adequate and proper
responses to said discovery.
WHEREFORE, the Defendant respectfully requests that this Honorable Court
enter an Order enlarging the time as requested above for an additional sixty (60) days,
and any further relief it deems just and proper.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via E-Mail on February 17, 2017 to:
Marc B. Nussbaum, Esq.
Reeder & Nussbaum, P.A.
2201 4th Street North, Suite G
St. Petersburg, FL 33704
Email: attorney @counselorsoflaw.com
Attorney for Plaintiff Advanced Chirorpactic and Rehabilitation Center, Inc., a/a/o
Bernadette Donato
/s/_ James E. Peterson
JAMES E. PETERSON, ESQUIRE
FL. Bar No.: 12412
Law Offices Sanabria Llorente Marsh &
Associates
3030 N. Rocky Point Drive West
Suite 360
Tampa, FL 33607
Phone: (813) 393-4412
Fax: (813) 393-4401
Primary Email:
tampapip @ farmersinsurance.com
Attorney for Defendant
Document Filed Date
February 17, 2017
Case Filing Date
December 29, 2016
Category
SMALL CLAIMS PIP 2 - $100 - $500
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Filing # 52680596 E-Filed 02/17/2017 06:42:58 PM IN THE COUNTY COURT OF THE 6TH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA ADVANCED CHIROPRACTIC AND CASE NO.: 16-012134 SC REHABILITATION CENTER, INC., a/a/o BERNADETTE DONATO, Plaintiff, Vs. 21ST CENTURY CENTENNIAL INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF’S DISCOVERY AND OBJECTIONS COMES NOW, the Defendant, 215 CENTURY CENTENNIAL INSURANCE COMPANY, by and through its undersigned counsel, and files this Motion for Enlargement of Time to Respond to Plaintiffs Discovery, pursuant to Rule 1.100 and Rule 1.340 and Rule 1.350, Fla. R. Civ. P., and in grounds in support states: 1. Plaintiff served its First Interrogatories and and First Request To Produce upon Defendant along with the Complaint. 2. Defendant has 45 (thirty) days to file responses to Plaintiff's discovery. 3. The undersigned requests additional time to respond to said discovery, as he is awaiting additional documentation from his client. Therefore, Defendant is not in a position to fully respond to the majority of Plaintiff's discovery requests. ***ELECTRONICALLY FILED 02/17/2017 06:42:57 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***4, Further, the undersigned counsel requests additional time to confer with Defendant with respect to her written responses to Plaintiff’ s Interrogatories. 5. Therefore, Defendants request additional time to file written responses to Plaintiff's written discovery, and provide the additional information requested in the Request to Produce. 6. With the filing of this motion, Defendant does not waive any and all privileges and objections to any of Plaintiffs discovery requests. In Plaintiff's First Interrogatories (1-7) and First Request to Produce (1-18), Plaintiff requests information that Defendant objects to on the grounds that certain requests, and certain portions of the requests violate the attorney-client and work product privileges. Defendant further objects to certain requests and interrogatories on the grounds that certain portions are overly broad, vague, ambiguous, beyond the scope of discovery and are not relevant or calculated to lead to the discovery of admissible evidence. Additionally, discovery remains ongoing and Defendant will provide all information it intends to rely upon for hearing and at trial in sufficient time to not prejudice Plaintiff. It has not identified its experts at this time. Lastly, Defendant does not waive any objection if the requested information is not maintained in its normal course of business. 7. The undersigned did not speak with counsel for Plaintiff regarding this request prior to the undersigned filing this motion today. 8. Plaintiff would not be prejudiced by the Court granting Defendant’s Motion, as this lawsuit is in the early stages of discovery.9. This motion is being made in good faith and not for purposes of delay. The undersigned’s office requires additional time to prepare adequate and proper responses to said discovery. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an Order enlarging the time as requested above for an additional sixty (60) days, and any further relief it deems just and proper.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via E-Mail on February 17, 2017 to: Marc B. Nussbaum, Esq. Reeder & Nussbaum, P.A. 2201 4th Street North, Suite G St. Petersburg, FL 33704 Email: attorney @counselorsoflaw.com Attorney for Plaintiff Advanced Chirorpactic and Rehabilitation Center, Inc., a/a/o Bernadette Donato /s/_ James E. Peterson JAMES E. PETERSON, ESQUIRE FL. Bar No.: 12412 Law Offices Sanabria Llorente Marsh & Associates 3030 N. Rocky Point Drive West Suite 360 Tampa, FL 33607 Phone: (813) 393-4412 Fax: (813) 393-4401 Primary Email: tampapip @ farmersinsurance.com Attorney for Defendant