Motion,Ex Parte: CUMMINGS, CHRISTOPHER vs. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY

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                                Filing #    121713154       E-Filed     02/19/2021       12:27:20     PM


                                                                        IN THE CIRCUIT         COURT OF THE           14"
                                                                        JUDICIAL CIRCUIT IN AND FOR BAY
                                                                        COUNTY, FLORIDA

                                                                        CASE NO.:       19-003062-CA


                  CHRISTOPHER CUMMINGS                  as attorney in fact
                  for MURIEL CUMMINGS,

                           Plaintiff,

                  -y-




                  UNIVERSAL PROPERTY &
                  CASUALTY INSURANCE COMPANY,

                           Defendant.
                                                                          /


                                  DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME                                       TO
                                          FILE DISCLOSURES FOR EXPERT WITNESS(ES)

                           Defendant,     UNIVERSAL          PROPERTY         &   CASUALTY          INSURANCE          COMPANY,

                  (hereinafter   “UPCIC”)     by   and  through   its undersigned     counsel,   and  pursuant    to Fla.  R. Civ.   P.

                  1.300 and   1.460, hereby moves to Enlarge the Time to file Disclosure Lists for Expert Witness(es)

                  and as grounds therefore states as follows:

                           1.       The Complaint was filed by the Plaintiff via          e-filing on August     12, 2019.

                           2.       The Court executed a trial order on August           18, 2020.

                           3.       This executed order enumerates that the parties disclose their expert witness(es) by

                  dates  certain —   Plaintiffs by February 4,     2021   (no  Experts   designated to    date)  and Defendant by

                  February    19, 2021.

                           4.       The trial period for the instant litigation commences on April 26, 2021.

                           5.       UPCIC seeks leave of the court for an extension of time to file disclosure of expert

                  witness(es)   in the instant litigation.
                                                                                                        Case No.:    19-003062-CA



                           6.       Discovery     1s still ongoing    in  this matter   and   the  availability   of  witnesses    and

                  deposition coordinating is pending in the instant matter.

                           7.       The   availability  to  attend  the  trial of this   case  of all  the foregoing    witnesses    is

                  undetermined at this time.


                           8.       This Motion is not dilatory in nature, not made to create undue delay, will preserve

                  Defendant’s due process ability to continue to defend this case in light of impending trial and will

                  not result in any prejudice to the Plaintiff.

                           WHEREFORE,            the  Defendant     respectfully    requests   that  this  Honorable     Court   grant

                  Defendant’s     Motion   for Enlargement      of Time    to file its disclosure   of expert witness(es)     and   for

                  any other relief this Court deems just and proper.




                                                      [Certificate ofService on Next Page]
                                                                                                        Case No.:    19-003062-CA




                                                         CERTIFICATE           OF SERVICE


                           I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by

                  electronic   mail  (email)   to the  designated   email   addresses    on  this 19"  day   of February,    2021   to:

                  service@gimenezandcarrillo.com;            mromo@gimenezandcarrillo.com;               Attorneys     for  Plaintiff,

                  Adry Polo, Esq., Gimenez          & Carrillo, LLC, 5775 Blue Lagoon Drive, Suite 300, Miami, Florida

                  33126 and electronically filed the foregoing with the Clerk using the Florida Courts eFiling Portal.


                                                               QUINTAIROS, PRIETO, WOOD                    &   BOYER, P.A.
                                                               Counselfor Defendant

                                                               4190 Belfort Road,      Suite 450
                                                               Jacksonville, Florida 32216
                                                               Telephone:        904.354.5500
                                                               Fax:              904.354.5501
                                                               Primary Email:             Jonathan.    Diocares@gpwblaw.com
                                                               Secondary e-mail:          JBosch@gpwblaw.com
                                                               Tertiary Email:            Breanna.    Walls@gpwblaw.com
                                                                                          Angela    Kalit@qpwblaw.com

                                                               By:  _  /s/Jonathan Diocares
                                                                        JOSE E.    BOSCH, ESQ.
                                                                        FBN:   542431

                                                                        JONATHAN M.          DIOCARES, ESQ.
                                                                        FBN:   96327


                                                      For Service Documents:              JDiocares.Pleadings(@gpwblaw.com
                                                                                          JBosch.Pleadings@gqpwblaw.com