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Filing # 134582622 E-Filed 09/14/2021 04:14:15 PM
IN THE CIRCUIT COYRT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
FRANCE BARONE and GABRIEL BARONE,
Plaintiffs, Case No.: 20 17-CA-003 882-0
v.
ASHFORD TRS WQ LLC, a foreign limited
liability company d/b/a WORLD QUEST
RESORT a/k/a WORLDQUEST ORLANDO
RESORT, ASHFORD WQ LICENSEE, LLC,
a foreign limited liability company, ASHFORD
TRS CORPORATION, a foreign profit
Corporation, WQ HOTEL MANAGEMENT LLC,
a foreign limited liability company,
WORLDQUEST RESORT CONDOMINIUM
ASSOCIATION, INC., a Florida not for profit
corporation,
Defendants.
I
PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S, WORLDQUEST
RESORT CONDOMINIUM ASSOCIATION, INC., AMENDED MOTION TO COMPEL
AGAINST PLAINTIFF, FRANCES BARONE, FOR BETTER ANSWERS TO FIRST SET
OF INTERROGATORIES AND BETTER RESPONSE TO FIRST REQUEST FOR
PRODUCTION
Plaintiff, FRANCES BARONE (“Plaintiff’), by and through her undersigned counsel,
hereby submits her Response in Opposition to the Defendant’s, WORLDQUEST RESORT
CONDOMINIUM ASSOCIATION, INC. (“Association”), Amended Motion to Compel against
Plaintiff, FRANCES BARONE, for Better Answers to First Set of Interrogatories and Better
Response to First Request for Production, and states as follows:
1. The Plaintiff agrees to withdraw the “General Objections” in her original Answer to
the Association’s First Set of Interrogatories.
2. Plaintiffs Answer to Interrogatory No. 14 is not deficient. Plaintiff amended her
answer, at the Association’s request, by clarifying the Plaintiffs allegations against the
Association were contained “specifically in Paragraphs 8-15 of the Fourth Amended
01396173-1
Complaint.” Paragraph Nos. 8-15 of the Fourth Amended Complaint set forth with
specificity each act or omission by the Association which constituted negligence. The
fact that the Plaintiff alleges the same negligence as to the other defendants does not
mean that this response does not fully answer the Interrogatory.
3. Plaintiff has provided the Association with the requested information from
Interrogatory No. 19.
4. The Association’s request contained in Interrogatory No. 28 can be resolved as a matter
of record in this case. The Sixth Affirmative Defense contained within the Defendants,
ASHFORD TRS WQ LLC’S, ASHFORD WQ LICENSEE, LLC’S, ASHFORD TRS
CORPORATION’S, and WQ HOTEL MANAGEMENT, LLC’S Answer and
Affirmative Defenses to Plaintiffs’ Third Amended Complaint alleges upon
information and belief, the Plaintiffs alleged fallwas caused or contributed to by the
negligence of the Association. While the Association has access to the answer for
Interrogatory No. 28, to the extent the Association requires the response in
interrogatory form, the Plaintiff is happy to comply and would consent to an order
regarding same.
5. Plaintiff has produced documents in response to Request Nos. 12, 36-39, 41, and 43-
46.
6. Plaintiff has provided Association with a transcript of the July 25, 2019 deposition of
Timothy Gross.
WHEREFORE, the Plaintiff, FRANCES BARONE, respectfully requests that this Court
deny the Defendant’s, WORLDQUEST RESORT CONDOMINIUM ASSOCIATION, INC.,
Amended Motion to Compel Against Plaintiff, FRANCES BARONE, for Better Answers to First
Set of Interrogatories and Better Response to First Request for Production.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk via the
Florida Courts e-Filing Portal and provided via eservice to: William G. Smoak, Esq., and Carla M. Sabbagh,
Esq., Smoak Trial Lawyers, 320 West Kennedy Blvd., 4th Floor, Tampa, FL 33606, Attorneys for
Defendants, Ashford TRS WQ LLC, d/b/a World Quest Resort a/k/a Worldquest Orlando Resort, Ashford
WQ Licensee, LLC, Ashford TRS Corporation and WQ Hotel Management LLC,
courtdocuments@smoaktriallawyers.com and csabbagh@smoaktriallawycrs.com, and Brian W. Bennett,
Esq. and Brett A. Marlowe, Esq., Bennett Legal Group, P.A., 214 South Lucerne Circle East, Suite 201,
Orlando, FL 32801, Attorneys for Defendant, Worldquest Resort Condominium Association, Inc.,
brian@bennettlegalgroup.com, brett@bcnnettlegalgroup.com, bonnie@bcnnenlegalgroup.com,
iordan@bennettlegalgroup.com, this day of/^7 2021 .
01396173-1
ICARD, MERRILL, CULLIS, TIMM,
FUREN & GINSBURG, P.A.
2033 Main Street, Suite 600
Postal Drawer 4195
Sarasota, Florida 34237
(941) 366-8 1 00 - Phone
(941) 366-6384 - Fax
/ —\
/
ANTI J. MANGAN I ELLOJJVESQT
OFF Bai ^0052307
Attorneysfor Plaintiffs
a in a n ga n i e 1 1 o@ i c a rd in e rri II .com
rgrek@icardinerrill.coin
01396173-1
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Filing # 134582622 E-Filed 09/14/2021 04:14:15 PM IN THE CIRCUIT COYRT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION FRANCE BARONE and GABRIEL BARONE, Plaintiffs, Case No.: 20 17-CA-003 882-0 v. ASHFORD TRS WQ LLC, a foreign limited liability company d/b/a WORLD QUEST RESORT a/k/a WORLDQUEST ORLANDO RESORT, ASHFORD WQ LICENSEE, LLC, a foreign limited liability company, ASHFORD TRS CORPORATION, a foreign profit Corporation, WQ HOTEL MANAGEMENT LLC, a foreign limited liability company, WORLDQUEST RESORT CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, Defendants. I PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S, WORLDQUEST RESORT CONDOMINIUM ASSOCIATION, INC., AMENDED MOTION TO COMPEL AGAINST PLAINTIFF, FRANCES BARONE, FOR BETTER ANSWERS TO FIRST SET OF INTERROGATORIES AND BETTER RESPONSE TO FIRST REQUEST FOR PRODUCTION Plaintiff, FRANCES BARONE (“Plaintiff’), by and through her undersigned counsel, hereby submits her Response in Opposition to the Defendant’s, WORLDQUEST RESORT CONDOMINIUM ASSOCIATION, INC. (“Association”), Amended Motion to Compel against Plaintiff, FRANCES BARONE, for Better Answers to First Set of Interrogatories and Better Response to First Request for Production, and states as follows: 1. The Plaintiff agrees to withdraw the “General Objections” in her original Answer to the Association’s First Set of Interrogatories. 2. Plaintiffs Answer to Interrogatory No. 14 is not deficient. Plaintiff amended her answer, at the Association’s request, by clarifying the Plaintiffs allegations against the Association were contained “specifically in Paragraphs 8-15 of the Fourth Amended 01396173-1 Complaint.” Paragraph Nos. 8-15 of the Fourth Amended Complaint set forth with specificity each act or omission by the Association which constituted negligence. The fact that the Plaintiff alleges the same negligence as to the other defendants does not mean that this response does not fully answer the Interrogatory. 3. Plaintiff has provided the Association with the requested information from Interrogatory No. 19. 4. The Association’s request contained in Interrogatory No. 28 can be resolved as a matter of record in this case. The Sixth Affirmative Defense contained within the Defendants, ASHFORD TRS WQ LLC’S, ASHFORD WQ LICENSEE, LLC’S, ASHFORD TRS CORPORATION’S, and WQ HOTEL MANAGEMENT, LLC’S Answer and Affirmative Defenses to Plaintiffs’ Third Amended Complaint alleges upon information and belief, the Plaintiffs alleged fallwas caused or contributed to by the negligence of the Association. While the Association has access to the answer for Interrogatory No. 28, to the extent the Association requires the response in interrogatory form, the Plaintiff is happy to comply and would consent to an order regarding same. 5. Plaintiff has produced documents in response to Request Nos. 12, 36-39, 41, and 43- 46. 6. Plaintiff has provided Association with a transcript of the July 25, 2019 deposition of Timothy Gross. WHEREFORE, the Plaintiff, FRANCES BARONE, respectfully requests that this Court deny the Defendant’s, WORLDQUEST RESORT CONDOMINIUM ASSOCIATION, INC., Amended Motion to Compel Against Plaintiff, FRANCES BARONE, for Better Answers to First Set of Interrogatories and Better Response to First Request for Production. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk via the Florida Courts e-Filing Portal and provided via eservice to: William G. Smoak, Esq., and Carla M. Sabbagh, Esq., Smoak Trial Lawyers, 320 West Kennedy Blvd., 4th Floor, Tampa, FL 33606, Attorneys for Defendants, Ashford TRS WQ LLC, d/b/a World Quest Resort a/k/a Worldquest Orlando Resort, Ashford WQ Licensee, LLC, Ashford TRS Corporation and WQ Hotel Management LLC, courtdocuments@smoaktriallawyers.com and csabbagh@smoaktriallawycrs.com, and Brian W. Bennett, Esq. and Brett A. Marlowe, Esq., Bennett Legal Group, P.A., 214 South Lucerne Circle East, Suite 201, Orlando, FL 32801, Attorneys for Defendant, Worldquest Resort Condominium Association, Inc., brian@bennettlegalgroup.com, brett@bcnnettlegalgroup.com, bonnie@bcnnenlegalgroup.com, iordan@bennettlegalgroup.com, this day of/^7 2021 . 01396173-1 ICARD, MERRILL, CULLIS, TIMM, FUREN & GINSBURG, P.A. 2033 Main Street, Suite 600 Postal Drawer 4195 Sarasota, Florida 34237 (941) 366-8 1 00 - Phone (941) 366-6384 - Fax / —\ / ANTI J. MANGAN I ELLOJJVESQT OFF Bai ^0052307 Attorneysfor Plaintiffs a in a n ga n i e 1 1 o@ i c a rd in e rri II .com rgrek@icardinerrill.coin 01396173-1