Motion,Ex Parte: MULTIMED CARE, INC. VS GEICO GENERAL INSURANCE COMPANY

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                                Filing # 90109710 E-Filed 05/24/2019 03:23:48 PM

IN THE COUNTY COURT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA

CIVIL DIVISION
CASE # 19-000629 CC 26

MULTIMED CARE, INC.
A/AIO ARACELYS LEYVA,

Plaintiff,
ve

GEICO GENERAL
INSURANCE COMPANY,

Defendant.
/

PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH
COURT ORDER DATED 04/16/18 AND MOTION FOR SANCTIONS

(First Request for Production)

Plaintiff, by and through its undersigned counsel, files and serves this Motion to
Compe! Compliance with Court Order dated 04/16/19 and Motion for Sanctions and
states as follows:

4. On or about 04/16/19 this Honorable Court entered an Order compelling
Defendant to respond to Plaintiff's First Request for Production. See Court Order
attached hereto as Exhibit “A”.

2. As of the date of this motion, Defendant has failed to comply with the
Court’s Order and the time period to comply with said Order has expired.

3. As a result of Defendant's failure, unwillingness and/or refusal to comply
with Plaintiffs discovery and the attached Order, Plaintiff has been forced to file the

instant motion to compel a response from Defendant.4 Pursuant to Fla. R. Civ. Pro, 1.380(b), failure to comply with Order:

(2) lf a party.....fails to obey an order to provide or
permit discovery... the court in which the action is
pending may make any of the following orders:

(A) An order that the matters regarding which the
questions were asked or any other designated facts
shall be taken to be established for the purpose of
the action in accordance with the claim of the party
obtaining the order.

(B) An order refusing to aflow the disobedient party to
support or oppose designated claims or defenses,
or prohibiting that party from introducing
designated matters in evidence.

(C) An order striking out pleadings or parts of them or
staying further proceedings until the order is order is
obeyed, or dismissing the action or proceeding or
any part of it, or rendering a judgment by default
against the disobedient party......

(E) oo. Instead of any of the foregoing orders or in
addition to them, the court shall require the party
failing to obey the order to pay the reasonable
expenses caused by the failure, which may include
attorneys’ fees......... ” Temphasis added]

5. Accordingly, Plaintiff requests this Court enforce its Order entered on
04/16/19, by requiring the Defendant to provide responses to Plaintiff's discovery within
five (5) days from the hearing of this motion.

6. Plaintiff also seeks an award of Attorney's Fees incurred in filing and
hearing of this motion which is a direct result of Defendant's disregard to comply with
this Court's Order.

7. Finally, Plaintiff requests that this Court consider the remedies available in

Fla. R. Civ. Pro. 1.380(b\(2) in the event that Defendant fails to comply with any futureCourt Orders regarding discovery.
WHEREFORE, Plaintiff respectfully requests that the Court enter an Order
compelling compliance with Order entered on 04/16/19, award Plaintiff reasonable

attorney's fees and any further relief this Court deems just and proper.

Respectfully submitted,

MAJID VOSSOUGHI, P.A.
Attorneys for Plaintiff
3620 N.W. 7" Street
Miami, Florida 33125
Telephone: (305) 642-2661
Facsimile: (305) 642-6881

* ‘\
\ “MAUD VOSSOUGHE

\

Fla. Bar No. 0277370

   

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CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was
sent via email on this 24 day of keh? 2019 to MANUEL MENDOZA,
ESQ., Law Office of Haydee De La Rosa-Tolgyesi, 2600 Douglas Road, Suite 700,

icagbaelco. com.Exhibit “A”IN THE COUNTY COURT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA

CIVIL DIVISION
CASE # 19-000629 CC 26
MULTIMED CARE, INC.
A/AIO ARACELYS LEYVA,
Plaintiff,

Vv.

GEICO GENERAL
INSURANCE COMPANY,

Defendant.
/

EX-PARTE ORDER ON PLAINTIFF’S EX-PARTE
MOTION TO COMPEL DISCOVERY

(First Request for Production)

THIS CAUSE having come before the court upon Plaintiffs Ex-Parte Motion to
Compel Discovery, and the Court having considered same and being otherwise advised
in the premises, it is hereby;

ORDERED AND ADJUDGED that Plaintiff's Ex-Parte Motion to Compel
Discovery is hereby GRANTED. Defendant shall have fifteen (15) days from the date of
this Order to respond to Plaintiff's First Request for Production. Failure to comply with
this order may result in an appropriate order as enumerated under Florida Rules of Civil
procedure 1.380(b){2).

DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on 04/16/19.

 

COUNTY COURT JUDGEThe parties served with this Order are indicated in the accompanying 11th Circuit email
confirmation which includes all emails provided by the submitter. The movant shall
IMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email or
hand-delivery, to all parties/counsel of record for whom service is not indicated by the
accompanying 11th Circuit confirmation, and file proof of service with the Clerk of
Court.

Signed original order sent electronically to the Clerk of Courts for filing in the Court file.

Copies furnished to: COUNTY COURT JUDGE
Counsel of Record