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Filing #69811621 E-Filed 03/26/2018 03:50:01 PM
IN THE CIRCUIT COURT OF THE 16™ JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
GALWAY BAY MOBILE HOMEOWNERS CASE NO.: 2017-CA-000166 MR
ASSOCIATION, INC.,
Plaintiff,
vs.
BIZA, CORP, d/b/a GALWAY BAY MOBILE
HOME PARK,
Defendant.
/
DEFENDANT'S RESPONSE TO PLAINTIFF’S RESPONSE IN OPPOSITION
TO DEFENDANT’S MOTION FOR EXTENSION OF TIME TO PRODUCE
DOCUMENTS RESPONSIVE TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
Defendant, BIZA, CORP. d/b/a GALWAY BAY MOBILE HOME PARK, moves this
Court to strike paragraphs 7 and 8 from Plaintiffs Response in Opposition to Defendant's
Motion for Extension of Time to Produce Documents Responsive to Plaintiff's First Request
for Production filed on March 13, 2018, pursuant to Florida Rule of Civil Procedure
1.140(f), and for an order directing the Clerk of Court to redact these paragraphs from the
court record.
1 Plaintiff does not indicate in any way that it is prejudiced by the request for
extension of time. Rather, Plaintiff disparages Defendant's reasons for the request.
2, Rule 1.140(f) states a party may request the court to strike “redundant,
immaterial, impertinent, or scandalous matter from any pleading at any time’.
3 The statements made in paragraphs 7 and 8 in Plaintiff's March 13, 2018
filing are impertinent and scandalous and were included for the sole purpose of prejudicing
the court against the officers and owners of the Defendant corporation and to embarrass
them.
4 The statements made serve no purpose in resolving the dispute at issue.
WHEREFORE, Defendant requests this Court to strike paragraphs 7 and 8 from
Plaintiffs March 13, 2018 Response in Opposition and to order the Clerk of Court to redact
them from the court record.
Respectfully submitted, this 26" day of March, 2018.
/s/ David D. Eastman
DAViD D. EASTMAN (FBN 454559)
eastman@floridahousinglaw.com
CAROL S. GRONDZIK (FBN 0156833)
csgrondzik@floridahousinglaw.com
gayledcason@floridahousinglaw.com
Lutz, Bobo & Telfair, P.A.
2155 Delta Blvd. Suite 210-B
Tallahassee, FL 32303
(850) 521-0890 telephone
(850) 521-0891 facsimile
Attorneys for Defendant
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished electronically via the Florida e-filing portal to Nejla Calvo, Esq., and Jeffrey M.
Hearne, Esq., Attorneys for Plaintiff, LEGAL SERVICES OF GREATER MIAMI, INC., 4343
West Flagler Street, Suite 100, Miami, FL 33137 (ncalvo@legalservicesmiami.org:
jhearne@legalservicesmiami.org: crodriguez@legalservicesmiami.org:
pleadings@legalservicesmiami.org, and Scott L. Baena, Esq., and Jennifer Junger,
Esq., Attorneys for Plaintiff, Bilzin Sumberg Baena Price & Axelrod, LLP, 1450 Brickell
Ave., Ste. 2300, Miami. FL 33131-3456 (sbaena@bilzin.com; jjunger@bilzin.com;
stapanes@bilzin.com; eservice@bilzin.com) this 26" day of March, 2018.
/s/ David D. Eastman
Attorney
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Filing #69811621 E-Filed 03/26/2018 03:50:01 PM IN THE CIRCUIT COURT OF THE 16™ JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION GALWAY BAY MOBILE HOMEOWNERS CASE NO.: 2017-CA-000166 MR ASSOCIATION, INC., Plaintiff, vs. BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, Defendant. / DEFENDANT'S RESPONSE TO PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION FOR EXTENSION OF TIME TO PRODUCE DOCUMENTS RESPONSIVE TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Defendant, BIZA, CORP. d/b/a GALWAY BAY MOBILE HOME PARK, moves this Court to strike paragraphs 7 and 8 from Plaintiffs Response in Opposition to Defendant's Motion for Extension of Time to Produce Documents Responsive to Plaintiff's First Request for Production filed on March 13, 2018, pursuant to Florida Rule of Civil Procedure 1.140(f), and for an order directing the Clerk of Court to redact these paragraphs from the court record. 1 Plaintiff does not indicate in any way that it is prejudiced by the request for extension of time. Rather, Plaintiff disparages Defendant's reasons for the request. 2, Rule 1.140(f) states a party may request the court to strike “redundant, immaterial, impertinent, or scandalous matter from any pleading at any time’. 3 The statements made in paragraphs 7 and 8 in Plaintiff's March 13, 2018 filing are impertinent and scandalous and were included for the sole purpose of prejudicing the court against the officers and owners of the Defendant corporation and to embarrass them. 4 The statements made serve no purpose in resolving the dispute at issue. WHEREFORE, Defendant requests this Court to strike paragraphs 7 and 8 from Plaintiffs March 13, 2018 Response in Opposition and to order the Clerk of Court to redact them from the court record. Respectfully submitted, this 26" day of March, 2018. /s/ David D. Eastman DAViD D. EASTMAN (FBN 454559) eastman@floridahousinglaw.com CAROL S. GRONDZIK (FBN 0156833) csgrondzik@floridahousinglaw.com gayledcason@floridahousinglaw.com Lutz, Bobo & Telfair, P.A. 2155 Delta Blvd. Suite 210-B Tallahassee, FL 32303 (850) 521-0890 telephone (850) 521-0891 facsimile Attorneys for Defendant CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished electronically via the Florida e-filing portal to Nejla Calvo, Esq., and Jeffrey M. Hearne, Esq., Attorneys for Plaintiff, LEGAL SERVICES OF GREATER MIAMI, INC., 4343 West Flagler Street, Suite 100, Miami, FL 33137 (ncalvo@legalservicesmiami.org: jhearne@legalservicesmiami.org: crodriguez@legalservicesmiami.org: pleadings@legalservicesmiami.org, and Scott L. Baena, Esq., and Jennifer Junger, Esq., Attorneys for Plaintiff, Bilzin Sumberg Baena Price & Axelrod, LLP, 1450 Brickell Ave., Ste. 2300, Miami. FL 33131-3456 (sbaena@bilzin.com; jjunger@bilzin.com; stapanes@bilzin.com; eservice@bilzin.com) this 26" day of March, 2018. /s/ David D. Eastman Attorney