Motion to Compel 02092009 - cranewatchdog.com by nyut545e2

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                                                           IN THE CIRCUIT COURT OF THE 15TH
                                                           JUDICIAL CIRCUIT IN AND FOR
                                                           PALM BEACH COUNTY, FLORIDA

                                                           CASE NO.: 502008CA007279XXXXMB AG

     DRAWDY BROTHERS
     CONSTRUCTION II, INC.

               Plaintiff,

     v.

     FLAGLER LANDING, L.P.

               Defendant.
     -----------~/
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     FLAGLER LANDING, L.P.
                                                                                         o
               Third-Party Plaintiff,

     v.

     THE WEITZ COMPANY,

               Third-Party Defendant.
     -----------_-:/
                    PLAINTIFF'S EX PARTE MOTION TO COMPEL DEFENDANT TO
                                 RESPOND TO INTERROGATORIES

               Pursuant to Florida Rules of Civil Procedure 1.380 and Local Admin. R. 3.202-9/08,

     Plaintiff, DRAWDY BROTHERS CONSTRUCTION II, INC., requests this Court enter an

     Order compelling the Defendant, FLAGLER LANDING, L.P., to respond to the Interrogatories

     served by Plaintiff on May 23, 2008, and in support of this Motion would state:

               I.      On May 23, 2008, Plaintiff served Interrogatories consisting of four questions on

          e Defendant. Not having received a response to the Interrogatories, Plaintiff's counsel wrote
                          ()                                                  Drawdy v. Flagler Landing
                                                               Case No. 502008CA007279XXXXMB AG
                                                             PIC's Ex Parte MTC Def to Respond to Roggs



counsel for the Defendant on January 20, 2009 requesting a response to the Interrogatories

within fifteen (15) days from the date of the letter also advising Defendant's counsel that if same

were not received, it would be necessary for Plaintiff to file a Motion to Compel with the Court

requesting an Order to compel compliance. Accordingly, the undersigned counsel states that he

attempted to resolve the discovery dispute without a hearing, but that the matter could not be

resolved.

       2.      To date of the servIce of this Motion, Plaintiff's counsel has not received

Defendant's Answers to said Interrogatories any objections to said Interrogatories, or a Request

for Extension of Time to Respond.

       3.      Pursuant to Local Admin. R. of Court 3.202-9/08, when a Motion to Compel

alleges a complete failure to respond or object to Discovery, and there have been no requests for

extension, an Ex Parte Order may be entered requiring compliance with the original Discovery

demand within ten (10) days of the signing of the Order.

       4.      Since the Defendant has failed to respond, object or request an extension of time

to respond to the Plaintiff's Interrogatories served May 23, 2008 as of the date of the service of

this Motion Defendant should be compelled to respond to Plaintiff's Interrogatories without

objection within ten (10) days from the date of the Order.

       WHEREFORE, Plaintiff requests this Court enter an Order compelling the Defendant,

FLAGLER LANDING, L.P. to respond to the Plaintiff's Interrogatories served May 23, 2008.


                                CERTIFICATE OF SERVICE

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

via U.S. Mail to Michael G. Murphy, Esq., attorneyfor Defendant, Greenberg Traurig, P.A., 450
                                                                 (I       Drawdy v. Flagler Landing
                                                           Case No. S02008CA007279XXXXMB AG
                                                         Plf's Ex Parte MTC Defto Respond to Roggs




South Ocean Avenue, Suite 650, Orlando, Florida 32801·3311 and via Hand Delivery to Linda

Dickhaus Agnant, 515 N. Flagler Dr., Suite 1900, West Palm Beach, Florida 33401 this         C(fh.
day ofFebruary, 2009.


                                           ()/II~UL
                                         MJtJw.iM"""O"'-'N"""CH=I--:C--:K--:,E=-S""'Q-.--
                                         Florida Bar No. 163991
                                         Casey Ciklin Lubitz Martens & O'Connell
                                         515 North Flagler Drive, Suite 1700
                                         West Palm Beach, FL 33402·4626
                                         Telephone: (561) 832·5900 or 515·3409
                                         Fax: (561) 820-0381
                                         Email: mmonchick@caseycildin.com

								
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