Preview
we" CASE NUMBER: 502020CA002961XXXXMB Div: AE ****
Filing # 104806257 E-Filed 03/12/2020 04:25:20 PM
IN THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA.
BENJAMIN GONSHER AND
CAROLYN GONSHER CASE NO.:
Plaintiff,
Vs.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
SS
PLAINTIFF’S MOTION TO COMPEL DEPOSITION FOR DATE CERTAIN
COMES NOW, the Plaintiff, by and through the undersigned counsel and pursuant to Fla.
R. Civ. P. 1.380, and hereby files this Motion to Compel Deposition for Date Certain and states as
follows in support thereof:
1. This is an action for benefits pursuant to a contract of insurance, and the circumstances
are such that undersigned counsel hereby certifies in accordance with Fla. R. Civ. P.
1.380(a)(2) that the Plaintiff has made substantial and good faith efforts to
accommodate the Deteidait a5 it relates to Moving forward With tie deposition GF its
corporate representative.
2. More specifically, and amongst other things, correspondence to the Defendant’s
counsel in relation to this motion provided as follows.
Dear Counsel:
Attached hereto you will find a notice for the deposition of the
Defendant’s corporate representative pursuant Florida Rule of Civil
Procedure 1.310(b)(6). If you have any objection to the noticed
date, time and/or location, please set forth same in a specific and
substantive form. To avoid misunderstandings, and if applicable,
CHEN. DAIAARCACUAAIINTY Cl CUADAND ANAFY FILED naMaoinnen AAoF-ON DAA
PILL. PAL BLAU VUUINE TT, EL, OHI. DUUN, ULLIAN, vol izieucy ut. 2u.2u iviplease provide the requested information in writing and via our
designated service emails.
Please take note that this correspondence constitutes our good faith
effort to coordinate the subject deposition, and our Firm will at all
times work with you in this regard and other matters for which a
conflict or dispute may appear to exist. That said, and absent exigent
and/or unexpected circumstances, as a matter of course any effort to
reset a scheduled matter needs to take place within 3 business days
of the notice.
On a final note, and as it relates to date of the deposition, we will
not agree to cancel the deposition as noticed if you do not
contemporaneously coordinate an alternative date to take place
within 35 days of this correspondence. Moreover, you must allocate
a minimum of 6 hours for the deposition so that we can ensure its
completion.
Your anticipated cooperation and professionalism is greatly
appreciated.
In pertinent part, Florida Rule of Civil Procedure 1.380 provides as follows.
(a) Motion for Order Compelling Discovery. Upon reasonable notice to other
parties and all persons affected, a party may apply for an order compelling
discovery as follows:
(1) Appropriate Court. An application for an order to a party may be made to
the court in which the action is pending or in accordance with rule
1.310(d).
(2) Motion. If a deponent fails to answer a question propounded or submitted
under rule 1.310 or 1.320, or a corporation or other entity fails to make a
designation under rule 1.310(b)(6) or 1.320(a), or a party fails to answer
an interrogatory submitted under rule 1.340, or if a party in response to a
request for insnection submitted under rule 1.350 fails to respond that
inspection will be permitted as requested or fails to permit inspection as
requested, or if a party in response to a request for examination of a person
submitted under rule 1.360(a) objects to the examination, fails to respond
that the examination will be permitted as requested, or fails to submit to
or to produce a person in that party’s custody or legal control for
examination, the discovering party may move for an order compelling an
answer, Or a designation or an Order Compellmg mspection, OF an Order
compelling an examination in accordance with the request. The motionmust include a certification that the movant, in good faith, has conferred
or attempted to confer with the person or party failing to make the
discovery in an effort to secure the information or material without court
action.
(3) Award of Expenses of Motion. If the motion is granted and after
annortinity for hearina the court chall reanire the narty or dena
epportunif YY for hearing, the court shall require the party or deno!
whose conduct necessitated the motion or the party or counsel advising
the conduct to pay to the moving party the reasonable expenses incurred
in obtaining the order that may include attorneys’ fees, unless the court
finds that the movant failed to certify in the motion that a good faith effort
was made to obtain the discovery without court action, that the opposition
to the motion was substantially justified, or that other circumstances make
an award of expenses unjust. if the motion is denied and after opportunity
for hearing, the court shall require the moving party to pay to the party or
deponent who opposed the motion the reasonable expenses incurred in
opposing the motion that may include attorneys’ fees, unless the court
finds that the making of the motion was substantially justified or that other
circumstances make an award of expenses unjust. If the motion is granted
in part and denied in part, the court may apportion the reasonable expenses
incurred as a result of making the motion among the parties and persons.
WHEREFORE, the Plaintiff, respectfully requests that this honorable Court enters the
attached order, or alternatively, enters an order that conforms with the parameters detailed in this
motion. Further, and provided that a hearing evidences that the Defendant did not possess good
cause to oppose the relief sought herein, that referenced order include an award of reasonable
attorney’s fees and costs.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the
Defendant along with a copy of the Plaintiff's Complaint.
Respectfully submitted,
SEAN A STORANI, P.L.
Attorneys for Plaintiff
1806 N. Flamingo Rd. Ste. 324
Pembroke Pines, FL 33028
Tel: (954) 805-1555; Fax: (954) 573-6467
Email: storanilaw@gmail.com
BY: /s/ Sean Storani.
SEAN STORANI, ESQ.
Florida Bar #: 0011681
Preview
we" CASE NUMBER: 502020CA002961XXXXMB Div: AE **** Filing # 104806257 E-Filed 03/12/2020 04:25:20 PM IN THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA. BENJAMIN GONSHER AND CAROLYN GONSHER CASE NO.: Plaintiff, Vs. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. SS PLAINTIFF’S MOTION TO COMPEL DEPOSITION FOR DATE CERTAIN COMES NOW, the Plaintiff, by and through the undersigned counsel and pursuant to Fla. R. Civ. P. 1.380, and hereby files this Motion to Compel Deposition for Date Certain and states as follows in support thereof: 1. This is an action for benefits pursuant to a contract of insurance, and the circumstances are such that undersigned counsel hereby certifies in accordance with Fla. R. Civ. P. 1.380(a)(2) that the Plaintiff has made substantial and good faith efforts to accommodate the Deteidait a5 it relates to Moving forward With tie deposition GF its corporate representative. 2. More specifically, and amongst other things, correspondence to the Defendant’s counsel in relation to this motion provided as follows. Dear Counsel: Attached hereto you will find a notice for the deposition of the Defendant’s corporate representative pursuant Florida Rule of Civil Procedure 1.310(b)(6). If you have any objection to the noticed date, time and/or location, please set forth same in a specific and substantive form. To avoid misunderstandings, and if applicable, CHEN. DAIAARCACUAAIINTY Cl CUADAND ANAFY FILED naMaoinnen AAoF-ON DAA PILL. PAL BLAU VUUINE TT, EL, OHI. DUUN, ULLIAN, vol izieucy ut. 2u.2u iviplease provide the requested information in writing and via our designated service emails. Please take note that this correspondence constitutes our good faith effort to coordinate the subject deposition, and our Firm will at all times work with you in this regard and other matters for which a conflict or dispute may appear to exist. That said, and absent exigent and/or unexpected circumstances, as a matter of course any effort to reset a scheduled matter needs to take place within 3 business days of the notice. On a final note, and as it relates to date of the deposition, we will not agree to cancel the deposition as noticed if you do not contemporaneously coordinate an alternative date to take place within 35 days of this correspondence. Moreover, you must allocate a minimum of 6 hours for the deposition so that we can ensure its completion. Your anticipated cooperation and professionalism is greatly appreciated. In pertinent part, Florida Rule of Civil Procedure 1.380 provides as follows. (a) Motion for Order Compelling Discovery. Upon reasonable notice to other parties and all persons affected, a party may apply for an order compelling discovery as follows: (1) Appropriate Court. An application for an order to a party may be made to the court in which the action is pending or in accordance with rule 1.310(d). (2) Motion. If a deponent fails to answer a question propounded or submitted under rule 1.310 or 1.320, or a corporation or other entity fails to make a designation under rule 1.310(b)(6) or 1.320(a), or a party fails to answer an interrogatory submitted under rule 1.340, or if a party in response to a request for insnection submitted under rule 1.350 fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, or if a party in response to a request for examination of a person submitted under rule 1.360(a) objects to the examination, fails to respond that the examination will be permitted as requested, or fails to submit to or to produce a person in that party’s custody or legal control for examination, the discovering party may move for an order compelling an answer, Or a designation or an Order Compellmg mspection, OF an Order compelling an examination in accordance with the request. The motionmust include a certification that the movant, in good faith, has conferred or attempted to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action. (3) Award of Expenses of Motion. If the motion is granted and after annortinity for hearina the court chall reanire the narty or dena epportunif YY for hearing, the court shall require the party or deno! whose conduct necessitated the motion or the party or counsel advising the conduct to pay to the moving party the reasonable expenses incurred in obtaining the order that may include attorneys’ fees, unless the court finds that the movant failed to certify in the motion that a good faith effort was made to obtain the discovery without court action, that the opposition to the motion was substantially justified, or that other circumstances make an award of expenses unjust. if the motion is denied and after opportunity for hearing, the court shall require the moving party to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion that may include attorneys’ fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred as a result of making the motion among the parties and persons. WHEREFORE, the Plaintiff, respectfully requests that this honorable Court enters the attached order, or alternatively, enters an order that conforms with the parameters detailed in this motion. Further, and provided that a hearing evidences that the Defendant did not possess good cause to oppose the relief sought herein, that referenced order include an award of reasonable attorney’s fees and costs.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant along with a copy of the Plaintiff's Complaint. Respectfully submitted, SEAN A STORANI, P.L. Attorneys for Plaintiff 1806 N. Flamingo Rd. Ste. 324 Pembroke Pines, FL 33028 Tel: (954) 805-1555; Fax: (954) 573-6467 Email: storanilaw@gmail.com BY: /s/ Sean Storani. SEAN STORANI, ESQ. Florida Bar #: 0011681