On October 07, 2020 a
Proof of Service
was filed
involving a dispute between
Francis Aloyisius Mcmahon,
and
Bmw Of North America Llc,
for CONTRACT & DEBT
in the District Court of Palm Beach County.
Preview
Filing # 135459671 E-Filed 09/28/2021 12:34:38 PM
IN THE FIFTEENTH CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
FRANCIS MCMAHON
Plaintiffs
v.
Case No: 50-2020-CA-010915-XXXX-MB
BMW OF NORTH AMERICA LLC
Defendant
AMENDED CERTIFICATE OF SERVICE TO PLAINTIFF’S MOTION TO DEEM AND
REQUEST FOR DEFENDANT’S ADMISSIONS TO BE DEEMED ADMITED
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via E-
filing with
the Clerk of Court via Florida E-filing Portal to the following on this September 28 2021 to:
Suzanne M. Valles, Esq.
BIEDERMANN HOENIG SEMPREVIVO
601 Brickell Key Drive, Suite 700
Miami, FL 33131
Suzanne.valles@lawbhs.com
Francis.diaz@lawbhs.com
Counsel for BMW North America LLC
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/28/2021 12:34:38 PM ***Ellie Einhorn Esq.
ellie.einhorn@lawbhs.com
BIEDERMANN HOENIG SEMPREVIVO
601 Brickell Key Drive, Suite 700
Miami, FL 33131
Counsel for BMW North America LLC
/s/ Rachel Cichowic Esq.
3323 NE 163" St Suite 504
North Miami Beach FL 33160
Attorney for Plaintiff Francis McMahon
FL Bar ID 0092307CERTIFICATION OF COMPLIANCE
[hereby certify the below the good faith attempts at conferring pursuant to Local Rule 4 and
2.215(e), Fla. R. Jud. Admin.:
X Movant’s attorney has spoken in person or by telephone with the
attorney(s) for all parties who may be affected by the relief sought in the
motion in a good faith effort to resolve or narrow the issues raised : 8/5/2021 conferred with Elie
Einhorn on phone and let her know I did not agree to extension and admissions are late
September 17 2021 successfully conferred via email with Suzanne Valles concerning request to
deem admitted
--- Attempt 7/23/2021 “I am also requesting to confer with you conceming Plaintiff's motion
filed 7 14 2021 request to deem admissions admitted filed 7 14 2021 along with your replies
aforementioned prior to me setting anything for a hearing and coordinating also”
---Attempt 8/5/2021 “Hello I called your office to confer on the Motion to Dismiss for Francis
McMahon reconsideration motion and conferred at length with Ellie Einhorn Esq. about deem
the request for admissions admitted. I also was calling about our Motion for reconsideration we
will be filing on the motion to dismiss hearing that took place on July 19 2021. I subsequently
emailed as she said you would be calling me back to further confer on these issues.”,
--Attempt on 8/10/2021 “To Elie Einhorn and Suzanne Valles for BMW:” Hello I left you a
voicemail to confer via telephone one last time prior to filing my motion for reconsideration. I
had tried calling you once last week with no call back. I wanted to to telephone confer to see if
you have any further questions prior to me filing my motion for reconsideration as I had.
explained the grounds once on the phone to Elie and also tried calling you once before. I also
attempted to confer once prior on phone on 8 2 2021 on all matters including your late
admissions replies and the absence of a stipulation extending the tolling deadlines. If I do nothear back to you I will assume you to not have any further questions and file my motion to
reconsider. Also I left you a phone message again to confer on the request for admissions to
make it clear I did not stipulate to waive any request for admissions deadlines or grant any
extensions as when I called on 8 2 2021 to confer concerning the late replies with Elie. My
correspondence was asking to receive responses to interrogatories and production by July 2 2021
which I did receive and I wanted to avoid judicial intervention due to the lack of response to
those requests. I did finally receive some replies to the requests. I did not email or call to grant an
extension or waive any filing deadlines on the requests for admissions nor did I stipulate to do
so. There is no joint stipulation on the record nor did I authorize one I simply asked for
interrogatories responses by Jul 2 2021 to ward off. an motions to compel. I tried calling you to
confer to set that straight in the event you misinterpreted any of my emails and for clarification. I
spoke to Elie about it once but you did not pick up the phone or call me back. I left a voicemail
to confer again asking for responses to your admissions I am also again requesting to confer I left
a voicemail trying to confer with you conceming Plaintiff's motion filed 7 14 2021 request to
deem admissions admitted filed 7 14 2021 along with your replies aforementioned prior to me
setting anything for a hearing and coordinating also. You have objected to the questions on here
in numerous responses in lieu of replying, This includes reply number 2 3 4 5 6 7 8 9 and 10
which all list objections in lieu of a solid intelligible response. I still have not hard back from you
on this after 2 prior attempts at conferring. These replies are untimely and there is no agreed
order to extend the deadlines on replies.”
---Attempt 9/14/2021 “I left a voicemail to confer again asking for responses to your admissions
Iam also again requesting to confer I left a voicemail on 8 10 2021 trying to confer with you
concerning Plaintiff's motion filed 7 14 2021 request to deem admissions admitted filed 7 14
2021 along with your replies aforementioned prior to me setting anything for a hearing and
coordinating also. As you know per the judge we have to confer and set this for a hearing within
30 days. You have objected to the questions on here in numerous responses in lieu of replying,
This includes reply number 2 3 4 5 6 7 8 9 and 10 which all list objections in lieu of a solid
intelligible response. I still have not hard back from you on this after 2 prior attempts at
conferring. These replies are untimely and there is no agreed order to extend the deadlines on
replies. Please circle back to confer and to set for a hearing”
--Attempt on 9/17/2021 “McMahon v. Bmw 50-2020-CA-010915-XXXX-MB Conferring on
Motion to deem request for admissions admitted
“Conferring on request for admissions replies and Plaintiff's motion to deem admitted
We held off on the motion to compel we did not extend deadlines nor stipulate to any agreed
orders to extend deadlines
Hello there was not agreed order we did not extend your deadline by your own admission you
replies are not correct and timely
The judge never granted your extensionPlease supply us with dates so we can the cert of conferring filed and this scheduled to a hearing”
X Movant’s attorney has attempted to speak in person or by telephone
with the attorney(s) for all parties who may be affected by the relief
sought in the motion.
One or more of the parties who may be affected by the motion are self
represented.
/s/ Rachel Cichowic Esq. Attorney for Francis McMahon
3323 NE 163rd St Suite 504
North Miami Beach FL 33160
Document Filed Date
January 15, 2038
Case Filing Date
October 07, 2020
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Preview
Filing # 135459671 E-Filed 09/28/2021 12:34:38 PM IN THE FIFTEENTH CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA FRANCIS MCMAHON Plaintiffs v. Case No: 50-2020-CA-010915-XXXX-MB BMW OF NORTH AMERICA LLC Defendant AMENDED CERTIFICATE OF SERVICE TO PLAINTIFF’S MOTION TO DEEM AND REQUEST FOR DEFENDANT’S ADMISSIONS TO BE DEEMED ADMITED I HEREBY CERTIFY that a true and correct copy of the foregoing was served via E- filing with the Clerk of Court via Florida E-filing Portal to the following on this September 28 2021 to: Suzanne M. Valles, Esq. BIEDERMANN HOENIG SEMPREVIVO 601 Brickell Key Drive, Suite 700 Miami, FL 33131 Suzanne.valles@lawbhs.com Francis.diaz@lawbhs.com Counsel for BMW North America LLC *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/28/2021 12:34:38 PM ***Ellie Einhorn Esq. ellie.einhorn@lawbhs.com BIEDERMANN HOENIG SEMPREVIVO 601 Brickell Key Drive, Suite 700 Miami, FL 33131 Counsel for BMW North America LLC /s/ Rachel Cichowic Esq. 3323 NE 163" St Suite 504 North Miami Beach FL 33160 Attorney for Plaintiff Francis McMahon FL Bar ID 0092307CERTIFICATION OF COMPLIANCE [hereby certify the below the good faith attempts at conferring pursuant to Local Rule 4 and 2.215(e), Fla. R. Jud. Admin.: X Movant’s attorney has spoken in person or by telephone with the attorney(s) for all parties who may be affected by the relief sought in the motion in a good faith effort to resolve or narrow the issues raised : 8/5/2021 conferred with Elie Einhorn on phone and let her know I did not agree to extension and admissions are late September 17 2021 successfully conferred via email with Suzanne Valles concerning request to deem admitted --- Attempt 7/23/2021 “I am also requesting to confer with you conceming Plaintiff's motion filed 7 14 2021 request to deem admissions admitted filed 7 14 2021 along with your replies aforementioned prior to me setting anything for a hearing and coordinating also” ---Attempt 8/5/2021 “Hello I called your office to confer on the Motion to Dismiss for Francis McMahon reconsideration motion and conferred at length with Ellie Einhorn Esq. about deem the request for admissions admitted. I also was calling about our Motion for reconsideration we will be filing on the motion to dismiss hearing that took place on July 19 2021. I subsequently emailed as she said you would be calling me back to further confer on these issues.”, --Attempt on 8/10/2021 “To Elie Einhorn and Suzanne Valles for BMW:” Hello I left you a voicemail to confer via telephone one last time prior to filing my motion for reconsideration. I had tried calling you once last week with no call back. I wanted to to telephone confer to see if you have any further questions prior to me filing my motion for reconsideration as I had. explained the grounds once on the phone to Elie and also tried calling you once before. I also attempted to confer once prior on phone on 8 2 2021 on all matters including your late admissions replies and the absence of a stipulation extending the tolling deadlines. If I do nothear back to you I will assume you to not have any further questions and file my motion to reconsider. Also I left you a phone message again to confer on the request for admissions to make it clear I did not stipulate to waive any request for admissions deadlines or grant any extensions as when I called on 8 2 2021 to confer concerning the late replies with Elie. My correspondence was asking to receive responses to interrogatories and production by July 2 2021 which I did receive and I wanted to avoid judicial intervention due to the lack of response to those requests. I did finally receive some replies to the requests. I did not email or call to grant an extension or waive any filing deadlines on the requests for admissions nor did I stipulate to do so. There is no joint stipulation on the record nor did I authorize one I simply asked for interrogatories responses by Jul 2 2021 to ward off. an motions to compel. I tried calling you to confer to set that straight in the event you misinterpreted any of my emails and for clarification. I spoke to Elie about it once but you did not pick up the phone or call me back. I left a voicemail to confer again asking for responses to your admissions I am also again requesting to confer I left a voicemail trying to confer with you conceming Plaintiff's motion filed 7 14 2021 request to deem admissions admitted filed 7 14 2021 along with your replies aforementioned prior to me setting anything for a hearing and coordinating also. You have objected to the questions on here in numerous responses in lieu of replying, This includes reply number 2 3 4 5 6 7 8 9 and 10 which all list objections in lieu of a solid intelligible response. I still have not hard back from you on this after 2 prior attempts at conferring. These replies are untimely and there is no agreed order to extend the deadlines on replies.” ---Attempt 9/14/2021 “I left a voicemail to confer again asking for responses to your admissions Iam also again requesting to confer I left a voicemail on 8 10 2021 trying to confer with you concerning Plaintiff's motion filed 7 14 2021 request to deem admissions admitted filed 7 14 2021 along with your replies aforementioned prior to me setting anything for a hearing and coordinating also. As you know per the judge we have to confer and set this for a hearing within 30 days. You have objected to the questions on here in numerous responses in lieu of replying, This includes reply number 2 3 4 5 6 7 8 9 and 10 which all list objections in lieu of a solid intelligible response. I still have not hard back from you on this after 2 prior attempts at conferring. These replies are untimely and there is no agreed order to extend the deadlines on replies. Please circle back to confer and to set for a hearing” --Attempt on 9/17/2021 “McMahon v. Bmw 50-2020-CA-010915-XXXX-MB Conferring on Motion to deem request for admissions admitted “Conferring on request for admissions replies and Plaintiff's motion to deem admitted We held off on the motion to compel we did not extend deadlines nor stipulate to any agreed orders to extend deadlines Hello there was not agreed order we did not extend your deadline by your own admission you replies are not correct and timely The judge never granted your extensionPlease supply us with dates so we can the cert of conferring filed and this scheduled to a hearing” X Movant’s attorney has attempted to speak in person or by telephone with the attorney(s) for all parties who may be affected by the relief sought in the motion. One or more of the parties who may be affected by the motion are self represented. /s/ Rachel Cichowic Esq. Attorney for Francis McMahon 3323 NE 163rd St Suite 504 North Miami Beach FL 33160