On April 05, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Harbor 29 Condominium Association, Inc.,
and
Aspen Specialty Insurance Company,
for Insurance Claim
in the District Court of Miami-Dade County.
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Filing # 56581777 E-Filed 05/17/2017 04:27:02 PM
IN THE CIRCUIT COURT OF THE
11™ JUDICIAL CIRCUIT IN AND FOR
MIAMI DADE COUNTY, FLORIDA
CASE NO.: 2017-008138-CA 01
HARBOR 29 CONDOMINIUM ASSOC.,
INC.,
Plaintiff,
Vv.
ASPEN SPECIALTY INSURANCE
COMPANY,
Defendant. /
DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME
TO RESPOND TO PLAINTIFF’S COMPLAINT AND DISCOVERY REQUESTS
Defendant, ASPEN SPECIALTY INSRUANCE COMPANY, (hereinafter
“ASPEN’), hereby moves for an enlargement of time to respond to the Plaintiff's
Complaint and to Plaintiff's Request for Production and Interrogatories, and in support
states the following:
1. The undersigned was recently retained to represent the interests of Aspen
in the captioned matter.
2. Defendant's Response to Plaintiffs Complaint is due May 18, 2017,
however, counsel for Aspen requests an additional twenty (20) days from May 18" to
review the issues and confer with Aspen in order to formulate an appropriate response
to Plaintiffs Complaint.
3. Additionally, Defendant's Responses to Plaintiff's Request for Production
and Interrogatories served with the Complaint are due June 16, 2017, however, counsel
BERK MERCHANT &| Sums
2 Alhambra Plaza, Suite 700 ¢ CORAL GABLES, FLORIDA 33134 @ PHONE: 786.338.2900 FAX: 786.338.2888Case No. CACE 17-08138 CA 01
Harbor 29 Condo. v. Aspen Specialty Ins.
Page 2 of 3
for Aspen requests an additional twenty (20) days from June 16" to review the issues
and confer with Aspen in order to formulate the appropriate responses to Plaintiffs
written discovery requests.
4. This Motion is made in good faith and not for purposes of unnecessary
delay.
5. There will be no prejudice to the parties herein by the granting of this
motion. However, Defendant will be severely prejudiced if the additional time to
respond to the Complaint and Plaintiff's written discovery requests are not granted.
5. Counsel for Plaintiff will be contacted, and a good faith effort to resolve the
matters set forth herein will be made, prior to any hearing set on this motion.
WHEREFORE, Defendant, ASPEN SPECIALTY INSURANCE COMPANY,
requests that this Honorable Court grant this Motion for Enlargement of Time in which to
respond to Plaintiff's Complaint and Plaintiff's Request for Production and
Interrogatories, and grant any such other relief as this Honorable Court deems just and
proper.
Respectfully submitted,
BERK, MERCHANT & SIMS, PLC.
¢s/ Steven J. Getman
William S. Berk, Esq., FBN: 349828
wberk@berklawfirm.com
mjoseph@berklawfirm.com
Steven J. Getman, Esq., FBN: 67198
Sgetman@berklawfirm.com
msoler-rodriguez@berklawfirm.com
2 Alhambra Plaza, Suite 700
Coral Gables, Florida 33134
ERK. MERCHANT /& | Sums
2 ALHAMBRA PLAZA, SUITE 700 # CORAL GABLES, FLORIDA 33134 ePHONE: 786.338.2900 FAX: 786.338.2888Case No. CACE 17-08138 CA 01
Harbor 29 Condo. v. Aspen Specialty Ins.
Page 3 of 3
T:(786) 338-2900- F: (786) 338-2888
Counsel for Defendant
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was served via
email on May 17, 2017 to:
RICHARD LITOFSKY, ESQ.
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18" Avenue, Suite 321
North Miami Beach, Florida 33162
Tel: 305-7602314
Fax: 305-760-2498
Service: service@losslitigators.com
Richard@losslitigators.com
Counsel for Plaintiff
/s/ Steven J. Getman
STEVEN J. GETMAN
ERK. MERCHANT /& Sums
2 ALHAMBRA PLAZA, SUITE 700 # CORAL GABLES, FLORIDA 33134 ePHONE: 786.338.2900 FAX: 786.338.2888
Document Filed Date
May 17, 2017
Case Filing Date
April 05, 2017
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Filing # 56581777 E-Filed 05/17/2017 04:27:02 PM IN THE CIRCUIT COURT OF THE 11™ JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA CASE NO.: 2017-008138-CA 01 HARBOR 29 CONDOMINIUM ASSOC., INC., Plaintiff, Vv. ASPEN SPECIALTY INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF’S COMPLAINT AND DISCOVERY REQUESTS Defendant, ASPEN SPECIALTY INSRUANCE COMPANY, (hereinafter “ASPEN’), hereby moves for an enlargement of time to respond to the Plaintiff's Complaint and to Plaintiff's Request for Production and Interrogatories, and in support states the following: 1. The undersigned was recently retained to represent the interests of Aspen in the captioned matter. 2. Defendant's Response to Plaintiffs Complaint is due May 18, 2017, however, counsel for Aspen requests an additional twenty (20) days from May 18" to review the issues and confer with Aspen in order to formulate an appropriate response to Plaintiffs Complaint. 3. Additionally, Defendant's Responses to Plaintiff's Request for Production and Interrogatories served with the Complaint are due June 16, 2017, however, counsel BERK MERCHANT &| Sums 2 Alhambra Plaza, Suite 700 ¢ CORAL GABLES, FLORIDA 33134 @ PHONE: 786.338.2900 FAX: 786.338.2888Case No. CACE 17-08138 CA 01 Harbor 29 Condo. v. Aspen Specialty Ins. Page 2 of 3 for Aspen requests an additional twenty (20) days from June 16" to review the issues and confer with Aspen in order to formulate the appropriate responses to Plaintiffs written discovery requests. 4. This Motion is made in good faith and not for purposes of unnecessary delay. 5. There will be no prejudice to the parties herein by the granting of this motion. However, Defendant will be severely prejudiced if the additional time to respond to the Complaint and Plaintiff's written discovery requests are not granted. 5. Counsel for Plaintiff will be contacted, and a good faith effort to resolve the matters set forth herein will be made, prior to any hearing set on this motion. WHEREFORE, Defendant, ASPEN SPECIALTY INSURANCE COMPANY, requests that this Honorable Court grant this Motion for Enlargement of Time in which to respond to Plaintiff's Complaint and Plaintiff's Request for Production and Interrogatories, and grant any such other relief as this Honorable Court deems just and proper. Respectfully submitted, BERK, MERCHANT & SIMS, PLC. ¢s/ Steven J. Getman William S. Berk, Esq., FBN: 349828 wberk@berklawfirm.com mjoseph@berklawfirm.com Steven J. Getman, Esq., FBN: 67198 Sgetman@berklawfirm.com msoler-rodriguez@berklawfirm.com 2 Alhambra Plaza, Suite 700 Coral Gables, Florida 33134 ERK. MERCHANT /& | Sums 2 ALHAMBRA PLAZA, SUITE 700 # CORAL GABLES, FLORIDA 33134 ePHONE: 786.338.2900 FAX: 786.338.2888Case No. CACE 17-08138 CA 01 Harbor 29 Condo. v. Aspen Specialty Ins. Page 3 of 3 T:(786) 338-2900- F: (786) 338-2888 Counsel for Defendant CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was served via email on May 17, 2017 to: RICHARD LITOFSKY, ESQ. LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18" Avenue, Suite 321 North Miami Beach, Florida 33162 Tel: 305-7602314 Fax: 305-760-2498 Service: service@losslitigators.com Richard@losslitigators.com Counsel for Plaintiff /s/ Steven J. Getman STEVEN J. GETMAN ERK. MERCHANT /& Sums 2 ALHAMBRA PLAZA, SUITE 700 # CORAL GABLES, FLORIDA 33134 ePHONE: 786.338.2900 FAX: 786.338.2888