Party Discovery: BROWN, CAROLYN V LEON, FRANK III

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                                *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK.***

Filing # 13917818 Electronically Filed 05/21/2014 11:19:30 AM

12-1201-P1-TF

IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT, IN AND
FOR, PALM BEACH COUNTY, FLORIDA

CAROLYN BROWN, CASE NO: 502014CA001210XXXXMB

Plaintiff(s),
vs.

FRANK LEON, III and
TERRY'S AUTO SUPPLY, INC.,

Defendant(s).

 

 

PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF
DOCUMENTS TO DEFENDANT, TERRY’S AUTO SUPPLY, INC.

 

COMES NOW, the Plaintiff, Carolyn Brown, by and through the undersigned counsel,
pursuant to Florida Rule of Civil Procedure 1.350, hereby moves this|Honorable Court for an
Order compelling the Defendant, Terry's Auto Supply, Inc., to produce certain documents and in
support thereof would state: |
1. The Plaintiff propounded a Request for Production to Defendant, Terry’s Auto

Supply, Inc. with the service of the subject Complaint secking documents relevant

to the present action. :

2. Specifically, Request Seven (7) sought documents the Defendant relied upon in
asserting its affirmative defenses and Request Sixteen (16) sought documents

regarding legal actions this Defendant has been involved in the past ten years. A

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12-1201-PL-TE |

copy of the Request to Produce to this Defendant is attached as “Exhibit A.”

3. The Defendant objected to the production of document responsive to both
Request Seven (7) and Request Sixteen (16) claiming ‘ the requests were
overly broad, unduly burdensome and not reasonably limited in scope of time
and/or subject matter. A copy of this Defendant’s Response to Request to Produce
is attached “Exhibit B.”

4. These objections are without merit. It is not unduly bufdensome, nor over broad to
request copies of documents used and/or reviewed in preparation of Defendant’s
Affirmative Defenses. Any document that supports tn Defendant’s Affirmative
Defenses are wholly relevant and will likely lead to the discovery of additional
evidence. Moreover, documents pertaining to past litigation are relevant and
would allow the Plaintiff to obtain prior deposition eucrps of Defendant’s
employees.

5. The Defendant’s objections should be overruled and Defendant should be
compelled to produce the requested documents. |

6. Plaintiff will be prejudiced if the Defendant is not opin to produce the
requested documents. !

7. This Motion is made in good faith and not for the purposed of delay. The
undersigned has attempted to resolve this matter with Defendant’s counsel prior to

setting this Motion for hearing. However, to date, the parties have been unable to

resolve this matter.

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WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter an Order
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compelling the Defendant, Terry’s Auto Supply, Inc., to produce all documents in its possession
responsive to the Requests and for any and all other relief deemed enfopsite

1 HEREBY CERTIFY that a copy of the above and foregoing has been furnished by US
Mail this Al st day of May, 2014 to: Mark Hektner, Esq., Law ori of Peter J.
Delahunty, Loggerhead Plaza North 14241 US Hwy 1, Juno Beach, H

33408, mark hektner@zurichna.com,dawn.mills@zurichna.com,usz. slwpb.delahunty@zurichna.c

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om,arelis.dujon@zurichna.com.

Timothy C. Feli¢e, Esq.

The Felice Law Group, PLLC

3030 S. Dixie Highway

Suite 8

West Palm Beach, FL 33405

(561) 444-8822 + Telephone

(561) 514-4946 | Facsimile

Primary Email J cfelice@fgwpblaw.com
Secondary Email ~ TF ‘elice@fgwpblaw.com
Florida Bar # 0013199

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