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Filing # 105592912 E-Filed 03/30/2020 10:44:52 AM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR
MARION COUNTY, FLORIDA
MIKLE FIZER AND RACHEL CASE NO.: 19-CA-2479
GRIEBLING-FIZER,
Plaintiffs,
V.
AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA,
Defendant.
/
DEFENDANT’S MOTION TO DETERMINE SEQUENCE OF DEPOSITIONS
Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA,
(hereinafter “Defendant”) by and through its undersigned counsel, and moves for an order
pursuant to Fla. R. Civ. P. 1.280(d) regarding the requests for depositions in this matter,
and in support, states the following:
1. This matter stems from a homeowners insurance dispute regarding a reported
windstorm loss.
2. Plaintiffs filed this action which was served upon Defendant on or about November
14, 2019.
3. Plaintiffs have request taking the depositions of the Defendant's field adjuster, en-
gineer, and corporate representative.
4. The undersigned has attempted to mutually coordinate date and location on which
the requested depositions can take place.
5. Defendant has requested the depositions of the Plaintiffs.
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
Electronically Filed Marion Case # 19CA002479AX 03/30/2020 10:44:52 AMCASE NO.: 19-CA-2479
6. Furthermore, Defendant requests the Plaintiffs sit for deposition before the De-
fendant’s corporate representative.
7. Defendant contends that the Plaintiff bears the burden of proof in breach of con-
tract actions. If it appears by taking the Plaintiffs’ depositions that they can carry
said burden, the likelihood of settlement increases much earlier in the litigation
than compared to if the Defendant’s deposition is taken first.
8. Further, the Defendant submits that it is entitled to take the Deposition of the Plain-
tiff before it presents its representative for deposition so that the Defendant’s rep-
resentative can understand the allegations being made and be prepared more fully
for his deposition.
9. Moreover, by taking the Plaintiff's deposition prior to the Defendant’s Corporate
Representative, it will ensure that all of the issues relevant to this litigation, as
framed by the pleadings, are developed prior to the taking of the Defendant’s Cor-
porate Representative’s deposition.
Wherefore, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, en-
ter an order determining the sequence of depositions, and for any such relief deemed just
by this Court.
[Certificate of Service on Following Page]
2
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2000 FAXCASE NO.: 19-CA-2479
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 30th day of March, 2020, a true and correct copy
of the foregoing was filed with the Clerk of Marion 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: Marc Jandy, Esq., The Nation Law Firm,
Iryan@nationlaw.com;mjandy@nationlaw.com, 570 Crown Oak Centre Drive, Longwood,
FL 32750, (407) 339-1104/(407) 339-1118 (F), Attorney for Plaintiffs, Rachel Griebling-
Fizer and Mikle Fizer.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant, AMERICAN INTEGRITY
INSURANCE COMPANY OF FLORIDA
4301 West Boy Scout Boulevard
Suite 400
Tampa, Florida 33607
Telephone (813) 509-2608
Facsimile (813) 286-2900
Primary e-mail: paydon.broeder@csklegal.com
Secondary e-mail: keller.fisher@csklegal.com
Alternate e-mail: cheryl.white@csklegal.com
By: _s/ Keller F. Fisher
PAYDON R. BROEDER
Florida Bar No.: 106881
KELLER F. FISHER
Florida Bar No.: 126149
3
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2000 FAX
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Filing # 105592912 E-Filed 03/30/2020 10:44:52 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA MIKLE FIZER AND RACHEL CASE NO.: 19-CA-2479 GRIEBLING-FIZER, Plaintiffs, V. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. / DEFENDANT’S MOTION TO DETERMINE SEQUENCE OF DEPOSITIONS Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, (hereinafter “Defendant”) by and through its undersigned counsel, and moves for an order pursuant to Fla. R. Civ. P. 1.280(d) regarding the requests for depositions in this matter, and in support, states the following: 1. This matter stems from a homeowners insurance dispute regarding a reported windstorm loss. 2. Plaintiffs filed this action which was served upon Defendant on or about November 14, 2019. 3. Plaintiffs have request taking the depositions of the Defendant's field adjuster, en- gineer, and corporate representative. 4. The undersigned has attempted to mutually coordinate date and location on which the requested depositions can take place. 5. Defendant has requested the depositions of the Plaintiffs. COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX Electronically Filed Marion Case # 19CA002479AX 03/30/2020 10:44:52 AMCASE NO.: 19-CA-2479 6. Furthermore, Defendant requests the Plaintiffs sit for deposition before the De- fendant’s corporate representative. 7. Defendant contends that the Plaintiff bears the burden of proof in breach of con- tract actions. If it appears by taking the Plaintiffs’ depositions that they can carry said burden, the likelihood of settlement increases much earlier in the litigation than compared to if the Defendant’s deposition is taken first. 8. Further, the Defendant submits that it is entitled to take the Deposition of the Plain- tiff before it presents its representative for deposition so that the Defendant’s rep- resentative can understand the allegations being made and be prepared more fully for his deposition. 9. Moreover, by taking the Plaintiff's deposition prior to the Defendant’s Corporate Representative, it will ensure that all of the issues relevant to this litigation, as framed by the pleadings, are developed prior to the taking of the Defendant’s Cor- porate Representative’s deposition. Wherefore, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, en- ter an order determining the sequence of depositions, and for any such relief deemed just by this Court. [Certificate of Service on Following Page] 2 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2000 FAXCASE NO.: 19-CA-2479 CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 30th day of March, 2020, a true and correct copy of the foregoing was filed with the Clerk of Marion 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: Marc Jandy, Esq., The Nation Law Firm, Iryan@nationlaw.com;mjandy@nationlaw.com, 570 Crown Oak Centre Drive, Longwood, FL 32750, (407) 339-1104/(407) 339-1118 (F), Attorney for Plaintiffs, Rachel Griebling- Fizer and Mikle Fizer. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA 4301 West Boy Scout Boulevard Suite 400 Tampa, Florida 33607 Telephone (813) 509-2608 Facsimile (813) 286-2900 Primary e-mail: paydon.broeder@csklegal.com Secondary e-mail: keller.fisher@csklegal.com Alternate e-mail: cheryl.white@csklegal.com By: _s/ Keller F. Fisher PAYDON R. BROEDER Florida Bar No.: 106881 KELLER F. FISHER Florida Bar No.: 126149 3 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2000 FAX