On May 22, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Ceda Health Of Downtown Little Havana,
and
State Farm Mutual Auto Ins Co,
for Personal Injury Protection ($8,001 - $15,000)
in the District Court of Miami-Dade County.
Preview
Filing # 27906019 E-Filed 06/01/2015 10:56:04 AM
Claim: 59-1J56-000 IN THE COUNTY COURT IN AND FOR
SF2-15-4014 MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 14-007750 CC 23 (02)
CEDA HEALTH OF DOWNTOWN/LITTLE
HAVANA LLC a/a/o MARISOL BARRETO,
Plaintiff,
Vv.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant,
/
DEFENDANT’S MOTION TO COMPEL DISCOVERY RESPONSES
AND FOR SANCTIONS
COMES NOW, the Defendant, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, by and through the undersigned counsel, and requests this
Court for an Order compelling the Plaintiff, EDA HEALTH OF
DOWNTOWN/LITTLE HAVANA LLC a/a/o MARISOL BARRETO, to answer
Defendant’s Supplemental Interrogatories and Supplemental Request for Production
dated December 11, 2014, and for Sanctions, and alleges:
1. That the Defendant propounded Supplemental Interrogatories and
Supplemental Request for Production to the Plaintiff dated December 11, 2014.
2. That responses to said discovery were due on or about January 15, 2015.
3. That on April 22, 2015, the Defendant, in a good faith effort, sent
correspondence to the Plaintiff advising that the responses to our Supplemental
Interrogatories and Supplemental Request for Production were overdue and giving
Plaintiff an additional 10 days to respond to same.4. That, to date, Plaintiff has still failed to provide responses to Defendant’s
Supplemental Interrogatories and Supplemental Request for Production and accordingly,
Defendant’s seeks an Order compelling the Plaintiff to file responses to Defendant’s
Supplemental Interrogatories and Supplemental Request for Production and also seeks
sanctions consisting of attorney’s fees for the filing of this motion.
5. That pursuant to the Florida Rules of Civil Procedure, the Defendant, is
entitled to reasonable attorney fees necessitated by the bringing of this motion,
preparation of this motion, and attendance at this hearing.
WHEREFORE, the Defendant, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, respectfully requests this Court to enter an Order compelling
the Plaintiff to file responses to Defendant’s Supplemental Interrogatories and
Supplemental Request for Production and impose sanctions against the Plaintiff and in
favor of the Defendant.
CERTIFICATE OF SERVICE
We hereby certify that a true and correct copy of foregoing has been furnished
this t_ day of ¢ lor { ; 2015 via electronic mail to: efilings@pip-lawyers.com,
Todd Landau, Esq., Landau & Associates, P.A., 1250 East Hallandale Beach Boulevard,
Suite 304, Hallandale Beach, FL 33009.
JONATHAN S. BROOKS, P.A.
800 Fairway Drive, Suite 100
Deerfield Beach, FL 33441
leadings@brookslawyers.com
561-353-0999 — Telephone
561-353-0998 --Faesimile
Joriathan S. Brooks, Esquire
FBN: 0151981"
Document Filed Date
June 01, 2015
Case Filing Date
May 22, 2014
Category
Personal Injury Protection ($8,001 - $15,000)
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Preview
Filing # 27906019 E-Filed 06/01/2015 10:56:04 AM Claim: 59-1J56-000 IN THE COUNTY COURT IN AND FOR SF2-15-4014 MIAMI-DADE COUNTY, FLORIDA CASE NO.: 14-007750 CC 23 (02) CEDA HEALTH OF DOWNTOWN/LITTLE HAVANA LLC a/a/o MARISOL BARRETO, Plaintiff, Vv. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant, / DEFENDANT’S MOTION TO COMPEL DISCOVERY RESPONSES AND FOR SANCTIONS COMES NOW, the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, by and through the undersigned counsel, and requests this Court for an Order compelling the Plaintiff, EDA HEALTH OF DOWNTOWN/LITTLE HAVANA LLC a/a/o MARISOL BARRETO, to answer Defendant’s Supplemental Interrogatories and Supplemental Request for Production dated December 11, 2014, and for Sanctions, and alleges: 1. That the Defendant propounded Supplemental Interrogatories and Supplemental Request for Production to the Plaintiff dated December 11, 2014. 2. That responses to said discovery were due on or about January 15, 2015. 3. That on April 22, 2015, the Defendant, in a good faith effort, sent correspondence to the Plaintiff advising that the responses to our Supplemental Interrogatories and Supplemental Request for Production were overdue and giving Plaintiff an additional 10 days to respond to same.4. That, to date, Plaintiff has still failed to provide responses to Defendant’s Supplemental Interrogatories and Supplemental Request for Production and accordingly, Defendant’s seeks an Order compelling the Plaintiff to file responses to Defendant’s Supplemental Interrogatories and Supplemental Request for Production and also seeks sanctions consisting of attorney’s fees for the filing of this motion. 5. That pursuant to the Florida Rules of Civil Procedure, the Defendant, is entitled to reasonable attorney fees necessitated by the bringing of this motion, preparation of this motion, and attendance at this hearing. WHEREFORE, the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, respectfully requests this Court to enter an Order compelling the Plaintiff to file responses to Defendant’s Supplemental Interrogatories and Supplemental Request for Production and impose sanctions against the Plaintiff and in favor of the Defendant. CERTIFICATE OF SERVICE We hereby certify that a true and correct copy of foregoing has been furnished this t_ day of ¢ lor { ; 2015 via electronic mail to: efilings@pip-lawyers.com, Todd Landau, Esq., Landau & Associates, P.A., 1250 East Hallandale Beach Boulevard, Suite 304, Hallandale Beach, FL 33009. JONATHAN S. BROOKS, P.A. 800 Fairway Drive, Suite 100 Deerfield Beach, FL 33441 leadings@brookslawyers.com 561-353-0999 — Telephone 561-353-0998 --Faesimile Joriathan S. Brooks, Esquire FBN: 0151981"