Preview
Filing # 110682052 E-Filed 07/23/2020 11:45:03 AM
IN THE CIRCUIT COURT OF THE 14TH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA
CASE NO.: 19004406CA
JAMES R. SMITH,
Plaintiff,
v.
SECURITY FIRST INSURANCE COMPANY,
Defendant.
ee
DEFENDANT’S MOTION TO COMPEL PLAINTIFF'S RESPONSE TO DEFENDANTS
INTERROGATORIES AND REQUEST FOR PRODUCTION
COMES NOW Defendant, SECURITY FIRST INSURANCE COMPANY, by and
through their undersigned counsel, and pursuant to the Florida Rule of Civil Procedure
1.280 and 1.380 hereby file its Motion to Compel a Response to Defendant's
Interrogatories and Request for Production against Plaintiff, and for grounds therefore
state:
1. On February 18, 2020, Defendant filed its Request for Interrogatories as well as
Request for Production on Plaintiff.
2. Plaintiff's responses to Defendant’s discovery requests were due within 30 days of
service, however to date Defendant has not received the Responses from Plaintiff.
3. Plaintiff requested an extension for their discovery responses to be due April 20,
2020 which the Defendant granted in good faith.
4. Plaintiff then requested a second extension for their discovery responses to be due
May 10, 2020 which the Defendant granted in good faith.
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCase No. 19004406CA
5. Defendant has not received any responses to its requests for Plaintiffs overdue
discovery responses.
6. That the Defendant, in good faith, has conferred, or attempted to confer, with the
party failing to make the discovery in an effort to secure the information without
court action. Defendant has sent multiple email correspondences and has received
no responses.
7. Defendant is prejudiced in that it cannot adequately prepare its case without
Plaintiffs Responses to the request for production and interrogatories.
8. Defendant hereby certifies its compliance with 1.380(a)(2), Fla. R. Civ. P., by
conferring, or attempting to confer, with the person or party failing to make the
subject issue in an effort to secure the information or material without court action.
(See Exhibit A to the Motion).
WHEREFORE, the Defendant, SECURITY FIRST INSURANCE COMPANY, request
this Honorable Court to grant its Motion to Compel, and order the Plaintiff to provide a
response to its interrogatories and requests for production within ten (10) days. Moreover,
Defendant seeks any other relief that this Honorable Court deems just and reasonable,
up to and including sanctions for non-compliance.
-2-
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCase No. 19004406CA
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 23" day of July, 2020, a true and correct copy of
the foregoing was filed with the Clerk of Bay County by using the Florida Courts e-Filing
Portal, which will send an automatic e-mail message to the following parties registered
with the e-Filing Portal system: Justin Petrie, Esq., Kandell, Kandall & Petrie, 2665 S.
Bayshore Drive, Suite 601, Coconut
justin@kkpfirm.com, jenni@kkpfirm.com.
By:
Grove, FL 33133, justin@kandelllaw.com,
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant
4301 West Boy Scout Boulevard
Suite 400
Tampa, Florida 33607
Telephone (813) 509-2686
Facsimile (813) 286-2900
Primary e-mail: paydon.broeder@csklegal.com
Secondary e-mail: Katherine.moran@csklegal.com
Tertiary e-mail: Michael.schweitzer@csklegal.com
s/ Katherine L. Moran
KATHERINE L. MORAN
Florida Bar No.: 1018653
PAYDON R. BROEDER
Florida Bar No.: 106881
-3-
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXEXHIBIT A
From: Katherine L. Moran
Sent: Thursday, May 14, 2020 9:45 AM
To: ‘Danica Puro’
Subject: Claim No. 158805 (UJames R. Smith v. Security First Insurance Company) CSK File:
0504.3686-00:
Danica,
Plaintiffs discovery was due 5/10 under the extension granted. Please advise of status.
Best,
Preview
Filing # 110682052 E-Filed 07/23/2020 11:45:03 AM IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 19004406CA JAMES R. SMITH, Plaintiff, v. SECURITY FIRST INSURANCE COMPANY, Defendant. ee DEFENDANT’S MOTION TO COMPEL PLAINTIFF'S RESPONSE TO DEFENDANTS INTERROGATORIES AND REQUEST FOR PRODUCTION COMES NOW Defendant, SECURITY FIRST INSURANCE COMPANY, by and through their undersigned counsel, and pursuant to the Florida Rule of Civil Procedure 1.280 and 1.380 hereby file its Motion to Compel a Response to Defendant's Interrogatories and Request for Production against Plaintiff, and for grounds therefore state: 1. On February 18, 2020, Defendant filed its Request for Interrogatories as well as Request for Production on Plaintiff. 2. Plaintiff's responses to Defendant’s discovery requests were due within 30 days of service, however to date Defendant has not received the Responses from Plaintiff. 3. Plaintiff requested an extension for their discovery responses to be due April 20, 2020 which the Defendant granted in good faith. 4. Plaintiff then requested a second extension for their discovery responses to be due May 10, 2020 which the Defendant granted in good faith. COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCase No. 19004406CA 5. Defendant has not received any responses to its requests for Plaintiffs overdue discovery responses. 6. That the Defendant, in good faith, has conferred, or attempted to confer, with the party failing to make the discovery in an effort to secure the information without court action. Defendant has sent multiple email correspondences and has received no responses. 7. Defendant is prejudiced in that it cannot adequately prepare its case without Plaintiffs Responses to the request for production and interrogatories. 8. Defendant hereby certifies its compliance with 1.380(a)(2), Fla. R. Civ. P., by conferring, or attempting to confer, with the person or party failing to make the subject issue in an effort to secure the information or material without court action. (See Exhibit A to the Motion). WHEREFORE, the Defendant, SECURITY FIRST INSURANCE COMPANY, request this Honorable Court to grant its Motion to Compel, and order the Plaintiff to provide a response to its interrogatories and requests for production within ten (10) days. Moreover, Defendant seeks any other relief that this Honorable Court deems just and reasonable, up to and including sanctions for non-compliance. -2- COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCase No. 19004406CA CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 23" day of July, 2020, a true and correct copy of the foregoing was filed with the Clerk of Bay County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Justin Petrie, Esq., Kandell, Kandall & Petrie, 2665 S. Bayshore Drive, Suite 601, Coconut justin@kkpfirm.com, jenni@kkpfirm.com. By: Grove, FL 33133, justin@kandelllaw.com, COLE, SCOTT & KISSANE, P.A. Counsel for Defendant 4301 West Boy Scout Boulevard Suite 400 Tampa, Florida 33607 Telephone (813) 509-2686 Facsimile (813) 286-2900 Primary e-mail: paydon.broeder@csklegal.com Secondary e-mail: Katherine.moran@csklegal.com Tertiary e-mail: Michael.schweitzer@csklegal.com s/ Katherine L. Moran KATHERINE L. MORAN Florida Bar No.: 1018653 PAYDON R. BROEDER Florida Bar No.: 106881 -3- COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXEXHIBIT A From: Katherine L. Moran Sent: Thursday, May 14, 2020 9:45 AM To: ‘Danica Puro’ Subject: Claim No. 158805 (UJames R. Smith v. Security First Insurance Company) CSK File: 0504.3686-00: Danica, Plaintiffs discovery was due 5/10 under the extension granted. Please advise of status. Best,