On August 15, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Michael Papa, D.C., P.A.,
and
Geico Indemnity Company,
for * PIP Claims > $5,000 - $15,000
in the District Court of Broward County.
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Filing # 19321972 Electronically Filed 10/13/2014 03:51:22 PM.
IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY. FLORIDA
CASE NO.: CONO 14-010665 DIV 71
Michael Papa, D. C., P.A.
(assignee of Cichanski, Kendra)
v
Plaintiff,
Geico Indemnity Company,
Defendant.
/
PLAINTIFF'S MOTION FOR LEAVE TO SERVE ADDITIONAL REQUEST FOR
ADMISSIONS
Plaintiff, by and through its undersigned counsel, hereby files Plaintiff's Motion for Leave to
Serve Additional Request for Admissions, and states:
1.
This is a personal injury protection (P.I.P.) case.
Plaintiff has propounded first and supplemental Request for Admissions upon
Defendant that do not exceed thirty (30) numbered parts.
. Defendant has objected to several of Plaintiff's supplemental Request for Admissions,
contending that, with subparts, the total number of Request for Admissions served
exceed the thirty (30) Request for Admissions permitted by the Florida Rules of Civil
Procedure.
Plaintiff counters that the subparts exist solely to explain or clarify the numbered
Request for Admissions, and thereby, should be considered part and parcel of the
single interrogatory they explain or clarify.
In the alternative, out of an abundance of caution, Plaintiff requests leave of the court
to serve what Defendant interprets to be additional Request for Admissions exceeding
the thirty (30) Request for Admissions permitted by the Florida Rules of Civil
Procedure.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/13/2014 3:51:22 PM.****6. Upon motion and notice and for good cause, the Court may permit a larger number of
Request for Admissions than prescribed by the Florida Rules of Civil Procedure.
Rule 1.340, Fla. R. Civ. P.
7. The supplemental Request for Admissions that Plaintiff propounded upon Defendant
relate to the Affirmative Defenses that Defendant has asserted in this action as well as
the issues which are Plaintiffs burden to prove.
8. Plaintiff requires the information requested in the supplemental Request for
Admissions to properly litigate this case.
9. Plaintiff will suffer undue prejudice if it is not able to obtain this information.
WHEREFORE, Plaintiff requests leave to serve additional Request for Admissions.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via email only to: Florida Claims, Geico Indemnity Company, P.O. Box 9091 Macon, GA
31208-9091, on this 13" day of October , 2014. 0» +
Florida P.I.P. Law Firm, P.A.
Attorneys for Plaintiff
4800 N Federal Hwy.
Suite D204
Boca Raton, FL 33431 ul
(T) 56 367.3256
Rory P. Biggtns, ESQ.
Florida Bar No. 40704
Service Address:
service@floridapiplawfirm.com
Document Filed Date
October 13, 2014
Case Filing Date
August 15, 2014
Category
* PIP Claims > $5,000 - $15,000
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Filing # 19321972 Electronically Filed 10/13/2014 03:51:22 PM. IN THE COUNTY COURT IN AND FOR BROWARD COUNTY. FLORIDA CASE NO.: CONO 14-010665 DIV 71 Michael Papa, D. C., P.A. (assignee of Cichanski, Kendra) v Plaintiff, Geico Indemnity Company, Defendant. / PLAINTIFF'S MOTION FOR LEAVE TO SERVE ADDITIONAL REQUEST FOR ADMISSIONS Plaintiff, by and through its undersigned counsel, hereby files Plaintiff's Motion for Leave to Serve Additional Request for Admissions, and states: 1. This is a personal injury protection (P.I.P.) case. Plaintiff has propounded first and supplemental Request for Admissions upon Defendant that do not exceed thirty (30) numbered parts. . Defendant has objected to several of Plaintiff's supplemental Request for Admissions, contending that, with subparts, the total number of Request for Admissions served exceed the thirty (30) Request for Admissions permitted by the Florida Rules of Civil Procedure. Plaintiff counters that the subparts exist solely to explain or clarify the numbered Request for Admissions, and thereby, should be considered part and parcel of the single interrogatory they explain or clarify. In the alternative, out of an abundance of caution, Plaintiff requests leave of the court to serve what Defendant interprets to be additional Request for Admissions exceeding the thirty (30) Request for Admissions permitted by the Florida Rules of Civil Procedure. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/13/2014 3:51:22 PM.****6. Upon motion and notice and for good cause, the Court may permit a larger number of Request for Admissions than prescribed by the Florida Rules of Civil Procedure. Rule 1.340, Fla. R. Civ. P. 7. The supplemental Request for Admissions that Plaintiff propounded upon Defendant relate to the Affirmative Defenses that Defendant has asserted in this action as well as the issues which are Plaintiffs burden to prove. 8. Plaintiff requires the information requested in the supplemental Request for Admissions to properly litigate this case. 9. Plaintiff will suffer undue prejudice if it is not able to obtain this information. WHEREFORE, Plaintiff requests leave to serve additional Request for Admissions. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via email only to: Florida Claims, Geico Indemnity Company, P.O. Box 9091 Macon, GA 31208-9091, on this 13" day of October , 2014. 0» + Florida P.I.P. Law Firm, P.A. Attorneys for Plaintiff 4800 N Federal Hwy. Suite D204 Boca Raton, FL 33431 ul (T) 56 367.3256 Rory P. Biggtns, ESQ. Florida Bar No. 40704 Service Address: service@floridapiplawfirm.com