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Filing # 132442351 E-Filed 08/11/2021 10:18:02 AM
IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 2021-008696-CC-05
MERCEDES-BENZ FINANCIAL SERVICES
USA, LLC
Plaintiff
v.
SARAHYD VILA
Defendant
_________________________________________/
MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION FOR SANCTIONS
COMES NOW Defendant Sarahyd Vila by and through her undersigned counsel, and
files her memorandum of law in support of her motion for sanctions and in support thereof states:
Objections made to document requests should be specific, not generalized. (See Fla. R.
Civ. Pro. 1.350(b) “(T)he reasons for the objection shall be stated.”) Boilerplate objections such
as “the request is overly broad, unduly burdensome, and outside the scope of permissible
discovery” are insufficient without a full, fair explanation particular to the facts of the case, as
the Plaintiff has done in its response. (“Plaintiff objects to this request on the basis and to the
extent that it is vague, ambiguous, and overbroad.”) See, Panola Land Buyers Ass’n. v. Shuman,
762 F.2d 1550, 1559 (11th Cir.1985) (citing Josephs v. Harris Corp., 677 F.2d 985, 992 (3d Cir.
1982)) (“the party resisting discovery ‘must show specifically how . . . each interrogatory is not
relevant or how each question is overly broad, burdensome or oppressive.’”)). See also Standing
Discovery Order for Palm Beach County prohibiting boilerplate discovery objections.
In Florida, “the burden of proving the validity of objections is upon the objecting party.”
Carson v. Ft. Lauderdale, 173 So. 2d 743, 744 (Fla. 2d DCA 1965). A “blanket objection” to a
discovery request is improper. Twaddell v. Twaddell, 199 So. 2d 501 (Fla. 4th DCA 1967). A
boilerplate “general objection” to a discovery request which references burdensomeness,
relevance, and privilege in a conclusory fashion constitutes an inadequate objection.
Federal courts have recently held that general objections without specificity are deemed a
waiver of all objections. See Memorandum Opinion and Order Regarding the Court’s Order to
Show Cause Why Counsel for Both Parties Should Not be Sanctioned for Discovery Abuses
rendered March 13, 2017, Liguria Foods, Inc. v. Griffith Laboratories, Inc., Case No. C 14-
3041-MWB, United States District Court Northern District of Iowa; see also Opinion & Order
rendered February 28, 2017, Fischer v. Forrest, et al., Case No. 14 Civ. 1304, United States
District Court Southern District of New York.
While this may not yet be the rule in Florida, the Florida Rules of Civil Procedure are
modeled after the Federal Rules of Civil Procedure. Florida courts often turn to federal courts for
guidance when construing Florida Rules of Civil Procedure. TGI Ins. Corp. v. Am. v. Johnson,
799 So. 2d 339, 341–42 (Fla. 4th DCA 2001)
As in this matter, absent compelling circumstances, failure to assert an objection to a
request for production within the time allowed for responding constitutes a waiver and will
preclude a party from asserting the objection in response to a motion to compel. American
Funding, Ltd. v. Hill, 402 So. 2d 1369 (Fla. 1st DCA 1981).
In this case the Plaintiff waived its objections and when presented with the opportunity to
comply with the court’s order still failed to comply in a meaningful manner.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 11th day of August, 2021, I electronically filed
Defendant’s Memorandum of Law with the Clerk of Court using the Florida E-Filing Portal. I
also certify that this pleading is being served this day on all counsel of record using the e-file
portal.
Respectfully submitted,
Law Office of Alan I. Karten, PLLC
3386 Churchill Drive
Boynton Beach, Florida 33435
Telephone: (305) 490-2767
alankartenlaw@gmail.com
___/S/ Karten______________
Alan I. Karten, Esq.
Attorney for Plaintiff
Florida Bar No. 200263
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Filing # 132442351 E-Filed 08/11/2021 10:18:02 AM IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 2021-008696-CC-05 MERCEDES-BENZ FINANCIAL SERVICES USA, LLC Plaintiff v. SARAHYD VILA Defendant _________________________________________/ MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION FOR SANCTIONS COMES NOW Defendant Sarahyd Vila by and through her undersigned counsel, and files her memorandum of law in support of her motion for sanctions and in support thereof states: Objections made to document requests should be specific, not generalized. (See Fla. R. Civ. Pro. 1.350(b) “(T)he reasons for the objection shall be stated.”) Boilerplate objections such as “the request is overly broad, unduly burdensome, and outside the scope of permissible discovery” are insufficient without a full, fair explanation particular to the facts of the case, as the Plaintiff has done in its response. (“Plaintiff objects to this request on the basis and to the extent that it is vague, ambiguous, and overbroad.”) See, Panola Land Buyers Ass’n. v. Shuman, 762 F.2d 1550, 1559 (11th Cir.1985) (citing Josephs v. Harris Corp., 677 F.2d 985, 992 (3d Cir. 1982)) (“the party resisting discovery ‘must show specifically how . . . each interrogatory is not relevant or how each question is overly broad, burdensome or oppressive.’”)). See also Standing Discovery Order for Palm Beach County prohibiting boilerplate discovery objections. In Florida, “the burden of proving the validity of objections is upon the objecting party.” Carson v. Ft. Lauderdale, 173 So. 2d 743, 744 (Fla. 2d DCA 1965). A “blanket objection” to a discovery request is improper. Twaddell v. Twaddell, 199 So. 2d 501 (Fla. 4th DCA 1967). A boilerplate “general objection” to a discovery request which references burdensomeness, relevance, and privilege in a conclusory fashion constitutes an inadequate objection. Federal courts have recently held that general objections without specificity are deemed a waiver of all objections. See Memorandum Opinion and Order Regarding the Court’s Order to Show Cause Why Counsel for Both Parties Should Not be Sanctioned for Discovery Abuses rendered March 13, 2017, Liguria Foods, Inc. v. Griffith Laboratories, Inc., Case No. C 14- 3041-MWB, United States District Court Northern District of Iowa; see also Opinion & Order rendered February 28, 2017, Fischer v. Forrest, et al., Case No. 14 Civ. 1304, United States District Court Southern District of New York. While this may not yet be the rule in Florida, the Florida Rules of Civil Procedure are modeled after the Federal Rules of Civil Procedure. Florida courts often turn to federal courts for guidance when construing Florida Rules of Civil Procedure. TGI Ins. Corp. v. Am. v. Johnson, 799 So. 2d 339, 341–42 (Fla. 4th DCA 2001) As in this matter, absent compelling circumstances, failure to assert an objection to a request for production within the time allowed for responding constitutes a waiver and will preclude a party from asserting the objection in response to a motion to compel. American Funding, Ltd. v. Hill, 402 So. 2d 1369 (Fla. 1st DCA 1981). In this case the Plaintiff waived its objections and when presented with the opportunity to comply with the court’s order still failed to comply in a meaningful manner. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 11th day of August, 2021, I electronically filed Defendant’s Memorandum of Law with the Clerk of Court using the Florida E-Filing Portal. I also certify that this pleading is being served this day on all counsel of record using the e-file portal. Respectfully submitted, Law Office of Alan I. Karten, PLLC 3386 Churchill Drive Boynton Beach, Florida 33435 Telephone: (305) 490-2767 alankartenlaw@gmail.com ___/S/ Karten______________ Alan I. Karten, Esq. Attorney for Plaintiff Florida Bar No. 200263