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Filing # 140363842 E-Filed 12/14/2021 03:38:48 PM
IN THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
BRIANA DEWBERRY,
Plaintiff,
Vv. CASE NO.: 21000473CA
RACE CITY, INC., a Florida
Profit Corporation,
Defendant.
/
DEFENDANT RACE CITY, INC.’S SECOND MOTION TO COMPEL PLAINTIFF’S
RESPONSES TO DISCOVERY
COMES NOW the Defendant, RACE CITY, INC., a Florida Profit Corporation, by and
through the undersigned counsel, and hereby files this Motion to Compel Plaintiff's Responses to
Discovery propounded upon the Plaintiff, BRIANA DEWBERRY, and states as follows:
1. On May 11, 2021, respectively, the Defendant propounded a First Set of
Interrogatories and First Request for Production upon the Plaintiff.
2. Plaintiff's responses to the foregoing discovery were due no later than June 10,
2021.
3. On August 4, 2021, Defendant filed its First Motion to Compel.
4. A hearing was scheduled for November 10, 2021.
5. On November 9, 2021, a Notice of Cancellation was filed to cancel the Zoom
Audio Hearing on Defendant Race City, Inc.’s Motion to Compel Plaintiff's Response to
Discovery.
6. On November 16, 2021, the Agreed Order Granting Defendant’s Motion to
Compel was granted.
7. Both parties agreed to a November 29, 2021 extension of time.8. On November 30, 2021, Defendant’s counsel sent correspondence to Plaintiff's
counsel providing an additional ten (10) days. (See attached correspondence marked as Exhibit
“A”)
6. To date, Plaintiff has neither responded, sought an extension of time, nor objected
to said discovery requests.
7. The information requested is reasonably calculated to lead to the discovery of
admissible evidence and is necessary for a proper defense of this case.
WHEREFORE, the Defendant hereby requests this Honorable Court to enter an Order
compelling the Plaintiff to respond to said discovery within ten (10) days from the filing of this
Motion and grant other relief the Court deems just and proper.
CERTIFICATE OF SERVICE
I hereby certify that I have delivered a copy of this document by electronic email to
Jonathan B. Minchin, Esq., Morgan & Morgan Alabama, PLLC, 2020 W. Garden St., Suite 900,
Pensacola, FL 32502, jminchin@forthepeople.com kwestberry@forthepeople.com.
chuffstetler@forthepeople.com, (Attorneys for Plaintiff), on this _14th_day of December, 2021.
KUBICKI DRAPER, P.A.
125 W. Romana Street, Suite 150
Pensacola, Florida 32502
(850) 434-0003 — Telephone
(850) 434-0223 — Facsimile
SMC-KD@kubickidraper.com
By: lel Si UM.
Stephen M. Cozart, Esq.
Fla. Bar No. 148873
Attorneys for DefendantLAW OFFICES
- - penny
EEC) 125 West Romana, Suite 550 © Pensacola, Florida 32502
(850) 434-0003 © (850) 434-0223 Fax
jerdale * West Palm Beach # Fi, Myers Naples * Tampa
onville # Tallahassee # Pensacola
~— Miami * Key West * Fe. La
Professional Aseeiation Orlando # €
Founded 1963
wwwikubickidraper.com
Direct Line: 850-436-7307
sme@kubickidraper.com
November 30, 2021
jminchin@forthepeople.com
Jonathan Minchin, Esq.
220 W. Garden Street
Suite 900
Pensacola, FL 32502
RE: BRIANA DEWBERRY vy. RACE CITY, INC.
Court Case Nos. 21000473 CA
Our File No.: 0138514
Dear Mr. Minchin:
Please be advised that a Motion to Compel was filed on August 4, 2021. A hearing was
scheduled for November 10, 2021 - that hearing was cancelled on November 9, 2021. On
November 16, 2021 an Agreed Order Granting Defendant’s Motion to Compel was filed.
Additionally, we agreed to a November 29, 2021 extension of time. As of today’s date, we have
not received responses to this discovery from you. We respectfully request that you forward
your client’s responses by December 10, 2021, in an effort to avoid the filing of a Motion to
Compel.
Should you have any questions or concerns, please do not hesitate to contact our office.
Sincerely,
By: /e/ Stephen Cozant
Stephen M. Cozart, Esq.
EXHIBIT A
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Filing # 140363842 E-Filed 12/14/2021 03:38:48 PM IN THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA BRIANA DEWBERRY, Plaintiff, Vv. CASE NO.: 21000473CA RACE CITY, INC., a Florida Profit Corporation, Defendant. / DEFENDANT RACE CITY, INC.’S SECOND MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY COMES NOW the Defendant, RACE CITY, INC., a Florida Profit Corporation, by and through the undersigned counsel, and hereby files this Motion to Compel Plaintiff's Responses to Discovery propounded upon the Plaintiff, BRIANA DEWBERRY, and states as follows: 1. On May 11, 2021, respectively, the Defendant propounded a First Set of Interrogatories and First Request for Production upon the Plaintiff. 2. Plaintiff's responses to the foregoing discovery were due no later than June 10, 2021. 3. On August 4, 2021, Defendant filed its First Motion to Compel. 4. A hearing was scheduled for November 10, 2021. 5. On November 9, 2021, a Notice of Cancellation was filed to cancel the Zoom Audio Hearing on Defendant Race City, Inc.’s Motion to Compel Plaintiff's Response to Discovery. 6. On November 16, 2021, the Agreed Order Granting Defendant’s Motion to Compel was granted. 7. Both parties agreed to a November 29, 2021 extension of time.8. On November 30, 2021, Defendant’s counsel sent correspondence to Plaintiff's counsel providing an additional ten (10) days. (See attached correspondence marked as Exhibit “A”) 6. To date, Plaintiff has neither responded, sought an extension of time, nor objected to said discovery requests. 7. The information requested is reasonably calculated to lead to the discovery of admissible evidence and is necessary for a proper defense of this case. WHEREFORE, the Defendant hereby requests this Honorable Court to enter an Order compelling the Plaintiff to respond to said discovery within ten (10) days from the filing of this Motion and grant other relief the Court deems just and proper. CERTIFICATE OF SERVICE I hereby certify that I have delivered a copy of this document by electronic email to Jonathan B. Minchin, Esq., Morgan & Morgan Alabama, PLLC, 2020 W. Garden St., Suite 900, Pensacola, FL 32502, jminchin@forthepeople.com kwestberry@forthepeople.com. chuffstetler@forthepeople.com, (Attorneys for Plaintiff), on this _14th_day of December, 2021. KUBICKI DRAPER, P.A. 125 W. Romana Street, Suite 150 Pensacola, Florida 32502 (850) 434-0003 — Telephone (850) 434-0223 — Facsimile SMC-KD@kubickidraper.com By: lel Si UM. Stephen M. Cozart, Esq. Fla. Bar No. 148873 Attorneys for DefendantLAW OFFICES - - penny EEC) 125 West Romana, Suite 550 © Pensacola, Florida 32502 (850) 434-0003 © (850) 434-0223 Fax jerdale * West Palm Beach # Fi, Myers Naples * Tampa onville # Tallahassee # Pensacola ~— Miami * Key West * Fe. La Professional Aseeiation Orlando # € Founded 1963 wwwikubickidraper.com Direct Line: 850-436-7307 sme@kubickidraper.com November 30, 2021 jminchin@forthepeople.com Jonathan Minchin, Esq. 220 W. Garden Street Suite 900 Pensacola, FL 32502 RE: BRIANA DEWBERRY vy. RACE CITY, INC. Court Case Nos. 21000473 CA Our File No.: 0138514 Dear Mr. Minchin: Please be advised that a Motion to Compel was filed on August 4, 2021. A hearing was scheduled for November 10, 2021 - that hearing was cancelled on November 9, 2021. On November 16, 2021 an Agreed Order Granting Defendant’s Motion to Compel was filed. Additionally, we agreed to a November 29, 2021 extension of time. As of today’s date, we have not received responses to this discovery from you. We respectfully request that you forward your client’s responses by December 10, 2021, in an effort to avoid the filing of a Motion to Compel. Should you have any questions or concerns, please do not hesitate to contact our office. Sincerely, By: /e/ Stephen Cozant Stephen M. Cozart, Esq. EXHIBIT A