Preview
Filing # 119744125 E-Filed 01/15/2021 05:21:46 PM
2039508
IN THE CIRCUIT COURT OF THE 14TH JUDICIAL
CIRCUIT IN AND FOR BAY COUNTY, FLORIDA
CASE NO. 20-000239-CA
MICHAEL CHRISTENSEN and JARAE
CHRISTENSEN,
Plaintiffs,
V.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S MOTION TO COMPEL DEPOSITIONS OF THE PLAINTIFFS
Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, by and
through the undersigned attorneys, hereby moves this Honorable Court for an order
compelling the depositions of the Plaintiffs pursuant to Rule 1.310(b)(6), Florida Rules of
Civil Procedure, and as grounds therefor would show:
1. On March 16, 2020, Defendant made its initial request for the depositions
of the Plaintiffs. See Exhibit “A.”
2. Defendant’s counsel followed up with Plaintiff's counsel regarding dates for
the deposition on August 11, 2020, December 14, 2020, and December 17, 2020. See
Composite Exhibit “B.”
3. To date, the Plaintiffs have not provided proposed dates for their
depositions to take place.
CASE NO. 20-000239-CA
4. Should the Court grant this Motion, Defendant respectfully requests that the
Court order the Plaintiffs to provide dates for their depositions within ten (10) days, and
for the depositions to take place within sixty (60) days.
5. Defendant has been forced to incur attorney’s fees and costs in preparing,
setting, and attending a hearing on this Motion and respectfully requests that this
Honorable Court enter the appropriate sanctions for attorney’s fees and costs.
WHEREFORE, Defendant, UNITED PROPERTY & CASUALTY INSURANCE
COMPANY, respectfully moves this Honorable Court for the entry of an Order compelling
the Plaintiffs to provide dates for their depositions within ten (10) days, and for the
depositions to take place within sixty (60) days, and for any such other and further relief
as this Court deems just and proper.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy hereof has been furnished by service through the
eportal to Kenneth R. Duboff, Esquire, Duboff Law Firm, 680 Northeast 127th Street,
North Miami, FL 33161, Attorney for Plaintiffs, courtdocument@dubofflawfirm.com on
this 15" day of _January , 2021.
CONROY SIMBERG
Attorney for Defendant, United Property & Casualty
Insurance Company
325 John Knox Road, Atrium Building, Suite 105
Tallahassee, FL 32303
Telephone: (850) 383-9103
Facsimile: (850) 383-9109
Primary Email: eservicetal@conroysimberg.com
Secondary Email: mbonfanti@conroysimberg.com
By: _/s/Michael J. Bonfanti
Michael J. Bonfanti, Esquire
Florida Bar No. 013271
2
SNK YON /
CO)\ies(OY
MICHAEL J. BONFANTI | PARTNER
325 JOHN KNOX ROAD, ATRIUM BUILDING, SUITE 105
TALLAHASSEE, FL 32303
MAIN (850} 383-9103
FAX (850) 383-9109
mbonfanti@conroysimberg.com
March 16, 2020
Kenneth R. Duboff, Esquire
Duboff Law Firm
680 Northeast 127th Street
North Miami, FL 33161
Re: CHRISTENSEN, MICHAEL & JARAE V. UNITED PROPERTY & CASUALTY
INSURANCE CO.
Claim No.: 2018FL135128
Insured: Jarae Christensen
Date of Incident: 10/10/18
Our File No.: 2039508
Dear Mr. Duboff:
Please be advised | represent United Property and Casualty Insurance Company in
connection with the above referenced case. At your earliest convenience please forward a
settlement demand, along with any supporting documentation, to my attention. | look forward
to and anticipate your response.
Additionally, this correspondence is a request for the deposition of your client, Jarae
Christensen. We request that you please provide us with dates that you will be available to
attend a deposition in this matter.
Should you have any questions, or would like to discuss this matter further, please do
not hesitate to contact our office at your earliest convenience.
Thank you for your attention in this matter.
Very truly yours,
/8/ Michaelj. Bowfanti
Michael J. Bonfanti
MJB\cms
HOLLYWOOD WEST PALM BEACH ORLANDO FORT MYERS RAMA PENSACOLA TALLAHASSEE TAMPA JACKSONVILLE HAPLES THOMASVILLE, GA
sc na ana CONROYSIMBERG.COM
EXHIBIT "B"
TMB-Mattie Birster
De
From: BC-Beverley Coleman
Sent: Tuesday, August 11, 2020 9:50 AM
To: ‘Trileen Garcia’; TMB-Mattie Birster
Ce: William J. Karoly, Jr.,Esq.
Subject: RE: 3rd & FINAL Request for Deposition / Christensen v. United Property
Good Morning Irileen:
We are working on obtaining dates for the corporate representative's deposition. Back in March, we requested dates
for the Plaintiff's deposition. Could you please provide us with some dates so we may schedule same at your earliest
opportunity.
Thank you.
BEVERLEY COLEMAN
a LEGAL ASSISTANT TO
ppg tay poe eS y 4TAYLOR MATTIE BIRSTER, ESQ.
PooSP
LA ANY
FN ! vf \S_4 _ NICHOLAS P. BUSSE, ESQ.
% Ph ei %, L & f |
scecart ene er thc ad (850) 383-9103
“tt
oc
| \/ee
Lontll
ee ee
Vom onal!
| i
aang
eye
(850) 383-9109 (Fax)
395 John Knox Road
| Atrium Building, Suite 105
Tallahassee, FL 32303
TALLAHASSEE TAMPA JACKSONVILLE NAPLES THOMASVILLE, G4
From: BC-Beverley Coleman
Sent: Monday, December 14, 2020 10:29 AM
To: Irileen Garcia ; TMB-Mattie Birster
Ce: William J. Karoly, Jr., Esq.
Subject: RE: Request for Deposition of Plaintiff/Christensen, Michael and Jarae v. UPC
Good Morning lrileen:
We are following up with our request for proposed dates to set the Plaintiff's deposition in his matter. We look forward
to your response as soon as possible.
Thank you.
| BEVERLEY COLEMAN
: LEGAL ASSISTANT TO
worn, gots py gutsmnn,
gettting» |TAYLOR MATTIE BIRSTER, ESQ.
( f ‘i\. i bi NN f NICHOLAS P. BUSSE, ESQ.
_—A_JANES
tg| N/ — Leng
DYwg ||(850)383-9103
(850) 383-9109 (Fax)
‘Rea 8BSe 2 Based Geen a 325 John Knox Road
Atrium Building, Suite 105
: Tallahasses, FL 32303
TMB-Mattie Birster
De
From: BC-Beverley Coleman
Sent: Thursday, December 17, 2020 2:07 PM
To: ‘Trileen Garcia’; TMB-Mattie Birster
Ce: William J. Karoly, Jr.,Esq.
Subject: RE: Request for Deposition of Plaintiff/Christensen, Michael and Jarae v. UPC
irileen, can you provide us with dates for Plaintiff's depo per Attarney Karaly’s email below. We will obtain dates to
occur within the 30 days he has requested of the Plaintiff's deposition.
Thank you.
BEVERLEY COLEMAN
LEGAL ASSISTANT TO
nn pee ea # =TAYLOR MATTIE BIRSTER, ESQ.
fo‘ ‘i \ | » anaes NICHOLAS P. BUSSE, ESQ.
Seth dl I_ foe. | (850) 383-9103
"hig. \/|leone (renee roma naam | (850) 383-9109 (Fax)
eo e e» Soames i |
.
325 John Knox Road
Atrium Building, Suite 105
: Tal ahas e , FL32303
Preview
Filing # 119744125 E-Filed 01/15/2021 05:21:46 PM 2039508 IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO. 20-000239-CA MICHAEL CHRISTENSEN and JARAE CHRISTENSEN, Plaintiffs, V. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION TO COMPEL DEPOSITIONS OF THE PLAINTIFFS Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, by and through the undersigned attorneys, hereby moves this Honorable Court for an order compelling the depositions of the Plaintiffs pursuant to Rule 1.310(b)(6), Florida Rules of Civil Procedure, and as grounds therefor would show: 1. On March 16, 2020, Defendant made its initial request for the depositions of the Plaintiffs. See Exhibit “A.” 2. Defendant’s counsel followed up with Plaintiff's counsel regarding dates for the deposition on August 11, 2020, December 14, 2020, and December 17, 2020. See Composite Exhibit “B.” 3. To date, the Plaintiffs have not provided proposed dates for their depositions to take place. CASE NO. 20-000239-CA 4. Should the Court grant this Motion, Defendant respectfully requests that the Court order the Plaintiffs to provide dates for their depositions within ten (10) days, and for the depositions to take place within sixty (60) days. 5. Defendant has been forced to incur attorney’s fees and costs in preparing, setting, and attending a hearing on this Motion and respectfully requests that this Honorable Court enter the appropriate sanctions for attorney’s fees and costs. WHEREFORE, Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, respectfully moves this Honorable Court for the entry of an Order compelling the Plaintiffs to provide dates for their depositions within ten (10) days, and for the depositions to take place within sixty (60) days, and for any such other and further relief as this Court deems just and proper. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy hereof has been furnished by service through the eportal to Kenneth R. Duboff, Esquire, Duboff Law Firm, 680 Northeast 127th Street, North Miami, FL 33161, Attorney for Plaintiffs, courtdocument@dubofflawfirm.com on this 15" day of _January , 2021. CONROY SIMBERG Attorney for Defendant, United Property & Casualty Insurance Company 325 John Knox Road, Atrium Building, Suite 105 Tallahassee, FL 32303 Telephone: (850) 383-9103 Facsimile: (850) 383-9109 Primary Email: eservicetal@conroysimberg.com Secondary Email: mbonfanti@conroysimberg.com By: _/s/Michael J. Bonfanti Michael J. Bonfanti, Esquire Florida Bar No. 013271 2 SNK YON / CO)\ies(OY MICHAEL J. BONFANTI | PARTNER 325 JOHN KNOX ROAD, ATRIUM BUILDING, SUITE 105 TALLAHASSEE, FL 32303 MAIN (850} 383-9103 FAX (850) 383-9109 mbonfanti@conroysimberg.com March 16, 2020 Kenneth R. Duboff, Esquire Duboff Law Firm 680 Northeast 127th Street North Miami, FL 33161 Re: CHRISTENSEN, MICHAEL & JARAE V. UNITED PROPERTY & CASUALTY INSURANCE CO. Claim No.: 2018FL135128 Insured: Jarae Christensen Date of Incident: 10/10/18 Our File No.: 2039508 Dear Mr. Duboff: Please be advised | represent United Property and Casualty Insurance Company in connection with the above referenced case. At your earliest convenience please forward a settlement demand, along with any supporting documentation, to my attention. | look forward to and anticipate your response. Additionally, this correspondence is a request for the deposition of your client, Jarae Christensen. We request that you please provide us with dates that you will be available to attend a deposition in this matter. Should you have any questions, or would like to discuss this matter further, please do not hesitate to contact our office at your earliest convenience. Thank you for your attention in this matter. Very truly yours, /8/ Michaelj. Bowfanti Michael J. Bonfanti MJB\cms HOLLYWOOD WEST PALM BEACH ORLANDO FORT MYERS RAMA PENSACOLA TALLAHASSEE TAMPA JACKSONVILLE HAPLES THOMASVILLE, GA sc na ana CONROYSIMBERG.COM EXHIBIT "B" TMB-Mattie Birster De From: BC-Beverley Coleman Sent: Tuesday, August 11, 2020 9:50 AM To: ‘Trileen Garcia’; TMB-Mattie Birster Ce: William J. Karoly, Jr.,Esq. Subject: RE: 3rd & FINAL Request for Deposition / Christensen v. United Property Good Morning Irileen: We are working on obtaining dates for the corporate representative's deposition. Back in March, we requested dates for the Plaintiff's deposition. Could you please provide us with some dates so we may schedule same at your earliest opportunity. Thank you. BEVERLEY COLEMAN a LEGAL ASSISTANT TO ppg tay poe eS y 4TAYLOR MATTIE BIRSTER, ESQ. PooSP LA ANY FN ! vf \S_4 _ NICHOLAS P. BUSSE, ESQ. % Ph ei %, L & f | scecart ene er thc ad (850) 383-9103 “tt oc | \/ee Lontll ee ee Vom onal! | i aang eye (850) 383-9109 (Fax) 395 John Knox Road | Atrium Building, Suite 105 Tallahassee, FL 32303 TALLAHASSEE TAMPA JACKSONVILLE NAPLES THOMASVILLE, G4 From: BC-Beverley Coleman Sent: Monday, December 14, 2020 10:29 AM To: Irileen Garcia ; TMB-Mattie Birster Ce: William J. Karoly, Jr., Esq. Subject: RE: Request for Deposition of Plaintiff/Christensen, Michael and Jarae v. UPC Good Morning lrileen: We are following up with our request for proposed dates to set the Plaintiff's deposition in his matter. We look forward to your response as soon as possible. Thank you. | BEVERLEY COLEMAN : LEGAL ASSISTANT TO worn, gots py gutsmnn, gettting» |TAYLOR MATTIE BIRSTER, ESQ. ( f ‘i\. i bi NN f NICHOLAS P. BUSSE, ESQ. _—A_JANES tg| N/ — Leng DYwg ||(850)383-9103 (850) 383-9109 (Fax) ‘Rea 8BSe 2 Based Geen a 325 John Knox Road Atrium Building, Suite 105 : Tallahasses, FL 32303 TMB-Mattie Birster De From: BC-Beverley Coleman Sent: Thursday, December 17, 2020 2:07 PM To: ‘Trileen Garcia’; TMB-Mattie Birster Ce: William J. Karoly, Jr.,Esq. Subject: RE: Request for Deposition of Plaintiff/Christensen, Michael and Jarae v. UPC irileen, can you provide us with dates for Plaintiff's depo per Attarney Karaly’s email below. We will obtain dates to occur within the 30 days he has requested of the Plaintiff's deposition. Thank you. BEVERLEY COLEMAN LEGAL ASSISTANT TO nn pee ea # =TAYLOR MATTIE BIRSTER, ESQ. fo‘ ‘i \ | » anaes NICHOLAS P. BUSSE, ESQ. Seth dl I_ foe. | (850) 383-9103 "hig. \/|leone (renee roma naam | (850) 383-9109 (Fax) eo e e» Soames i | . 325 John Knox Road Atrium Building, Suite 105 : Tal ahas e , FL32303