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Filing # 163836495 E-Filed 12/29/2022 02:54:08 PM
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.: 22-000212-CA
YANARA BARKER,
Plaintiff(s),
V.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant(s).
/
DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF
COMES NOW, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION
(hereinafter, “Defendant” or "Citizens”), by and through undersigned counsel and moves
this Honorable Court for an Order imposing sanctions on Plaintiff, and as grounds in
support, therefore states as follows:
1 This is a breach of contract action, which arises from a property damage insurance
claim submitted by Plaintiff under the policy of insurance issued by Defendant (the
Policy”), which insured Plaintiff's property, located at 18098 Eau Gallie Cir, Port
Charlotte, FL 33948 (the “Property”), against certain perils set forth in the Policy.
Specifically, Plaintiff alleges that their property suffered wind damage on or about
July 26, 2021, as result of a windstorm, and that Defendant breached the subject
policy in its adjustment of Plaintiff's claim.
Case No.: 22-000212-CA
Page 2 of 7
3. On September 1, 2022, the Defendant filed a Motion for Entry Upon Land seeking
to inspect the alleged damage. Please see Defendant's Motion for Entry upon Land
attached hereto as Exhibit “A”.
In response, Plaintiff filed a conditional objection to the scope of the inspection,
but otherwise stated they were in agreement with Defendant's re-inspection of the
property. Please see Plaintiff's Conditional Objection on Defendant's Request for
Entry Upon attached hereto as Exhibit “B”.
Defendant's Motion and Plaintiff's limited objections were addressed by the Court
on September 9, 2022, wherein the Court ruled the inspection would occur on
October 20, 2022, October 27, 2022, November 1, 2022, or November 2, 2022.
Please see the Order on Plaintiff's Motion to Compel Mediation attached hereto as
Exhibit "C”.
Pursuant to the Court's order and agreement of the Parties, the inspection was
scheduled for November 1, 2022, at 4:00pm. Please see the Email Confirming
Inspection Date and Time attached hereto as Exhibit “D”.
On November 1, 2022, Defendant's counsel and expert engineer were present at
the Plaintiff's residence—18098 Eau Gallie Circle, Port Charlotte, FL 33948—for the
mutually coordinated property inspection.
However, upon arrival at the property, Plaintiff Yanara Barker refused to allow
Defendant's expert to complete the inspection of the property by denying him
Case No.: 22-000212-CA
Page 3 of 7
access to the property—including the property's roof. As such, Defendant was
unable to perform the Court ordered and mutually scheduled inspection.
This was a direct violation of the Court's September 15, 2022 order, which explicitly
ruled that an inspection of the property “shall” occur on one of the listed dates.
Please see the Order on Plaintiff's Motion to Compel Mediation attached hereto as
Exhibit “C".
10. Pursuant Rule 1.380(d), Fla. R. Civ. P., “[i]f a party... fails... to serve a written
response to a request for inspection submitted under rule 1.350 after proper
service of the request, the court in which the action is pending may take any action
authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule.”
11. Pursuant to Rule 1.380(b)(2), Fla. R. Civ. P., the court may make any of the following
orders:
(A) An order that the matters regarding which the questions were asked
or any other designated facts shall be taken to be established for the
purposes of the action in accordance with the claim of the party
obtaining the order.
(B) An order refusing to allow the disobedient party to support or
oppose designated claims or defenses, or prohibiting that party from
introducing designated matters in evidence.
(C) An order striking out pleadings or parts of them or staying further
proceedings until the order is obeyed, or dismissing the action or
proceeding or any part of it, or rendering a judgment by default
against the disobedient party.
12. The central question in this case is the condition of the subject property, and the
cause of the alleged damage. As such, by refusing to allow Defendant to inspect
Case No.: 22-000212-CA
Page 4 of 7
the property—in spite of a Court order compelling same—the Plaintiff has
completely thwarted Defendant's ability to prepare its defense.
13. Additionally, by waiting until Defendant's counsel and expert were present at the
property to refuse entry, Plaintiff additionally caused Defendant to incur costs and
fees without the benefit of obtaining the Discovery these costs and fees were
meant to facilitate in the first place.
14. As such, Defendant hereby moves for an order awarding sanctions against Plaintiff
in the form of a judgment by default pursuant to Rule 1.380(b)(2)(C), and awarding
fees and costs pursuant to Rule 1.380(b)(2).
15. Overall, Florida has a longstanding policy favoring adjudication of lawsuits on the
merits. Hanft v. Church, 671 So. 2d 249 (Fla. 3d DCA 1996); Cinkat Transp. Inc. v.
Maryland Casualty Co.,596 So. 2d 746 (Fla. 3d DCA 1992). However, in the instant
case, there is no other remedy that can alleviate the prejudice Plaintiff has willfully
and intentionally caused to Defendant.
16.In light of Plaintiff's actions, Defendant asserts that this case presents a set of facts
wherein rendering a judgment by default against the disobedient party would be
appropriate.
17. Alternatively, Defendant would request an order ruling that the condition of the
property and causes of the alleged damage “shall be taken to be established for
Case No.: 22-000212-CA
Page 5 of 7
the purposes of the action in accordance with the claim of the party obtaining the
order.”
18. Additionally, pursuant to Rule 1.380(b)(2), Fla. R. Civ. P., Defendant is entitled
recover the reasonable expenses caused by Plaintiff's failure to obey the order,
which may include attorneys’ fees.
Instead of any of the foregoing orders or in addition to them, the
court shall require the party failing to obey the order to pay the
reasonable expenses caused by the failure, which may include
attorneys’ fees, unless the court finds that the failure was
substantially justified or that other circumstances make an award of
expenses unjust.
Rule 1.380(b)(2), Fla. R. Civ. P. (emphasis added).
19. Because of Plaintiff's refusal to allow the inspection to go forward after it had been
coordinated and Defendant's expert was physically present at the property,
Defendant has incurred $2,770.81 in costs; not including attorney's fees.
20. Defendant hereby moves for an order which additionally awards fees and costs to
Defendant pursuant to Rule 1.380(b)(2).
21. The Defendant further states that it has, in good faith, conferred with Plaintiff's
counsel to resolve this matter prior to hearing and court intervention.
WHEREFORE, the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION,
respectfully request this Honorable Court enter an Order granting:
1) Default Judgment against Plaintiff pursuant to Rule 1.380(b)(2)(C);
Case No.: 22-000212-CA
Page 6 of 7
2) awarding $2,770.81 in costs incurred from Defendant's Expert's thwarted
inspection of Plaintiff's property pursuant to Rule 1.380(b)(2);
3) awarding attorney's fees to Defendant for Counsel's time in relation to the
thwarted inspection of Plaintiff's property and the instant motion pursuant to Rule
1.380(b)(2); and
4) and any other relief this Court deems appropriate under the circumstances.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via Electronic Mail, to all counsel of record listed on the attached Service List,
this 29th day of December, 2022.
LUKS, SANTANIELLO, PETRILLO, COHEN
& PETERFRIEND
Attorneys for Defendant
1422 HENDRY STREET
3rd Floor
FORT MYERS, FL 33901
Telephone: (239) 561-2828
Facsimile: (239) 561-2841
By: ‘s/ Vanessa Hornedo, Esq
Howard W. Holden
Florida Bar No.: 814067
Vanessa Hornedo
Florida Bar No.: 1011646
LUKSFTM-Pleadings@Is-law.com
VHornedo@insurancedefense.net
ARClark@insurancedefense.net
Case No.: 22-000212-CA
Page 7 of 7
SERVICE LIST
Leidy Cuervo, Esq.
Law Offices of Scott Klotzman, P.A.
2001 Tyler Street, Suite 5
Hollywood, Florida 33020
954.915.7405
eservice@scottklotzman.com
Filing # 156580891 E-Filed 09/01/2022 09:30:40 AM EXHIBIT "A"
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.: 22-000212-CA
YANARA BARKER,
Plaintiff(s),
Vv.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant(s).
II
MOTION FOR ENTRY UPON LAND
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through its
undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, requests that Plaintiff, YANARA
BARKER, permit representatives of CITIZENS PROPERTY INSURANCE CORPORATION to
enter upon the subject property that is located at 18098 Eau Gallie Circle, Port Charlotte, FL 33948
(the “subject property”).
The purpose for the entry upon the subject property in the possession and control of
Plaintiff's for re-inspection of the subject property regarding claimed damage, verification of
measurements, and photographing claimed damage. There will be no destructive testing
performed. The subject property is the property described in Plaintiff's Complaint. The inspection
shall occur at a mutually convenient date and time coordinated by the undersigned.
Case No.: 2021-CA-3626
Page 2
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via Electronic Mail, to all counsel of record listed on the attached Service List, this 1“ day of
September, 2022.
LUKS, SANTANIELLO, PETRILLO, COHEN
& PETERFRIEND
Attorneys for Defendant
1422 HENDRY STREET
3rd Floor
FORT MYERS, FL 33901
Telephone: (239) 561-2828
Facsimile: (239) 561-2841
By:___/s/ Vanessa Hornedo, Esq
Howard W. Holden
Florida Bar No.: 814067
Vanessa Hornedo
Florida Bar No.: 1011646
LUKSFTM-Pleadings@Is-law.com
VHornedo@insurancedefense.net
DPerez@insurancedefense.net
SERVICE LIST
Leidy Cuervo, Esq.
Law Offices of Scott Klotzman, P.A.
2001 Tyler Street, Suite 5
Hollywood, Florida 33020
954.915.7405
eservice@scottklotzman.com
Filing # 156636001 E-Filed 09/01/2022 03:53:06 PM EXHIBIT "B"
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL = CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 22000212CA
YANARA BARKER,
Plaintiff,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
PLAINTIFF’S CONDITIONAL OBJECTION ON DEFENDANT'S
RE ST FOR ENTRY UPON LAND
COMES NOW, Plaintiff's; YANARA BARKER, through undersigned counsel, hereby
files with the Court Plaintiff Conditional Objection to Defendant’s Request for Entry Upon Land
and as grounds therefore, states as follows:
1 Plaintiff is in agreement with Defendant's re-inspection of the property through their
request to enter the land with the limitations as expressed herein.
2. Defendant’s re-inspection of the land shall be limited to the scope of discovery under
Florida Rule Civil Procedure 1.280 and 1.350 (Reasonable Time, Place, and Manner), as framed
by the pleadings, and as set forth in Plaintiff's damages estimate.
3 Defendant's re-inspection of the land shall be limited to three (3) hours.
4 Defendant is entitled to this re-inspection. No other inspection shall take place, except
for good cause.
WHEREFORE, premises considered, Plaintiff, allows the requested entry into Plaintiffs
residence with the above limitations.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via
electronic correspondence to: Joseph Piomelli, Esq., (Attorney for Defendant), from LUKS,
SANTANIELLO, PETRILLO, COHEN & PETERFRIEND, 1422 HENDRY STREET 3rd Floor
FORT MYERS, FL 33901 at: JPiomelli@insurancedefense.net, LUKSFTM-Pleadings@ls-
law.com, and DPerez@insurancedefense.net on September 1°‘, 2022.
Respectfully submitted,
Law Offices of Scott Klotzman, P.A.
Attorney for Plaintiff
2001 Tyler Street, Suite 5
Hollywood, Florida 33020
Phone: 954.915.7405
Email: eservice@scottklotzman.com
By. /s/ Leidy Cuervo
Scott Klotzman, Esq.
Florida Bar No.: 048099
Leidy Cuervo, Esquire
Florida Bar No.: 1008082
Filing # 157448143 E-Filed 09/15/2022 07:59:45 AM EXHIBIT "C"
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 22-000212-CA
YANARA BARKER,
Plaintiff,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
ORDER PLAINTIFF’S MOTION TO COMPEL MEDIATION
This cause having come to be considered by the Court on Plaintiff's Motion to Compel
Mediation, and the Court having considered all arguments on September 9, 2022, it is hereby
ORDERED AND ADJUDGED as follows:
1 Plaintiff's Motion to Compel Mediation is GRANTED.
Mediation shall be conducted on or before December 30, 2022.
Defendant’s inspection of Plaintiff's property shall occur on October 20, 2022, October
27, 2022, November 1, 2022, or November 2, 2022.
4 Defendant’s inspection shall be limited to 5 hours.
Defendant nor any of Defendant’s representatives shall communicate with the
Plaintiffs other than to schedule the inspection.
6 Mediation shall be scheduled within ten (10) days from the date of this order.
DONE AND ORDERED
esi 'Y H in 22000212CA
on 15/2025 36ol
Electronic Service List
Howard W Holden , ,
Vanessa Hornedo, Esq. ,
Scott Eric Klotzman ,
Leidy Cuervo ,
HOWARD WILLIAM HOLDEN
SCOTT ERIC KLOTZMAN
SCOTT ERIC KLOTZMAN
SCOTT ERIC KLOTZMAN
SCOTT ERIC KLOTZMAN
SCOTT ERIC KLOTZMAN
SCOTT ERIC KLOTZMAN
JOSEPH PIOMELLI
EXHIBIT "D"
Vanessa V. Hornedo
From: Cynthia Oreto
Sent: Wednesday, September 21, 2022 8:48 AM
To: ‘Clifford Mothapo’; Vanessa V. Hornedo; Ciara Strub
Ce: Angelica Gonzalez; '91ef273c7+matter1408344947@maildrop.clio.com’; Leidy Cuervo;
Camila Guerrero
Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Good Morning Mr. Mothapo:
The inspection is confirmed for Tuesday, November 1, 2022, at 4:00 p.m. at the subject property. If you should need
anything further, please let me know.
Have a wonderful day.
Cynthia Oreto
Legal Assistant/Scheduler
SEE
1422 Hendry Street
3rd Floor
Fort Myers, FL 33901
Phone: 239-561-2828
Direct: 239-210-3744
Fax: 239-561-2841
iN Luks, SANTANIELLO
PETRILLO,COHEN & PETERFRIEND
oun verorers rete tHe stony —
E-Mail / Website / Offices
(CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the confidential use of the recipient(s) named above. This message
and its attachments are attorney-client privileged communications, work product and mental impressions of the above sender. If the reader of this message is not
the intended recipient or if you have received this communication in error, you are hereby notified that you have received this in error, that you should destroy it,
notify us at once and any review, dissemination or copying is strictly prohibited.
From: Clifford Mothapo
Sent: Tuesday, September 20, 2022 4:37 PM
To: Cynthia Oreto ; Vanessa V. Hornedo ; Ciara
Strub
Cc: Angelica Gonzalez ; '91ef273c7+matter1408344947 @maildrop.clio.com'
<91ef273c7+matter1408344947 @maildrop.clio.com>; Leidy Cuervo ; Camila Guerrero
Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Good afternoon,
Regarding the matter above, Ms. Barker has reconfirmed her availability for inspection on hold for Tuesday, November
01, 2022, at 4:00 PM for the below property.
Insured: Yanara Barker
Property: 18098 Eau Gallie Circle, Port Charlotte, FL 33948
As discussed, the property does not have a Tarp on the roof, it is a 1 story building and does not reside in a
gated community.
Should you have any questions or concerns, please do not hesitate to contact our office.
Thank you for taking the time to look into this matter. I look forward to your response
*To confirm a date for the inspection, please reply to this email. Please note we do not hold dates for more than
48 hours.*
Kind regards,
beste)i ohare)
Pott ao ler et. yh
EN eh lee ee)
1 OL Osi wa Oe Ae a
J oo)
Notice / Disclaimer
This message may contain confidential or privileged information.
If you are not the intended recipient, please destroy this message and notify sender by reply e-mail.
#4 Please consider the environment before printing this message
From: Cynthia Oreto
Sent: Tuesday, 20 September 2022 16:26
To: Clifford Mothapo ; Vanessa V. Hornedo ;
Ciara Strub ; Angelica Gonzalez ;
'9lef273c7+matter 1408344947@maildrop.clio.com' <9 1 ef273c7+matter1408344947@maildrop.clio.com>;
Leidy Cuervo ; Camila Guerrero
Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Good Morning Mr. Mothapo:
As mentioned in my prior email to you, October 20, 2022 at 4:00 p.m. is unavailable. Kindly note this list of
dates and times for our inspector, Mr. Duba, and advise if any will work. I stress that the inspector’s dates and
2
times are available to other firms as well, so time is of the essence. Here is the list of dates and times as
follows:
November 1, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
November 2, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
November 8, 2022 — available at 2:00 p.m.
November 16, 2022 — early morning 9:00/10:00 a.m. or afternoon 4:00 p.m.
I look forward to hearing back from you at your earliest. Have a wonderful day.
Cynthia Oreto
Legal Assistant/Scheduler
———
1422 Hendry Street
3rd Floor
Fort Myers, FL 33901
Phone: 239-561-2828
Direct: 239-210-3744
Fax: 239-561-2841
LuKS, SANTANIELLO
PerRILLO, COHEN & PETERFRIEND
—— oun verorers ret tHe stony —
E-Mail / Website / Offices
CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the
confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged
communications, work product and mental impressions of the above sender. If the reader of this message is not
the intended recipient or if you have received this communication in error, you are hereby notified that you have
received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is
strictly prohibited. SMOE client-side signature
From: Clifford Mothapo
Sent: Monday, September 19, 2022 3:49 PM
To: Cynthia Oreto ; Vanessa V. Hornedo
; Ciara Strub
Ce: Camila Guerrero ; Angelica Gonzalez ;
'9 lef273c7+matter1408344947@maildrop.clio.com' <9 lef273c7+matter1408344947@maildrop.clio.com>;
Leidy Cuervo
Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Good afternoon,
Regarding the matter above, Ms. Barker has confirmed her availability for inspection on hold for Thursday, October 20,
2022, at 4:00 PM for the below property.
Insured: Yanara Barker
Property: 18098 Eau Gallie Circle, Port Charlotte, FL 33948
Please note, the property does not have a Tarp on the roof, it is a 1 story building and does not reside in a gated
community.
Should you have any questions or concerns, please do not hesitate to contact our office.
Thank you for taking the time to look into this matter. I look forward to your response
*To confirm a date for the inspection, please reply to this email. Please note we do not hold dates for more than
48 hours.*
Kind regards,
cog i tte)ioe Teh a PT)
Teter ale mia) ns
ed 2 lee tee)
LOL
0 i Wn .@ 6 NA ie 27.
J oo)
Notice / Disclaimer
This message may contain confidential or privileged information.
If you are not the intended recipient, please destroy this message and notify sender by reply e-mail.
«4 Please consider the environment before printing this message
From: Cynthia Oreto
Sent: Friday, 16 September 2022 15:22
To: Angelica Gonzalez ; Camila Guerrero ;
'9 lef273c7+matter1408344947@maildrop.clio.com' <9 lef273c7+matter1408344947@maildrop.clio.com>;
Clifford Mothapo ; Leidy Cuervo
Ce: Vanessa V. Hornedo ; Ciara Strub
Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Good Afternoon:
Iam following up on my below email regarding inspection dates offered. Kindly choose at least two dates from
the list so that we may lock in our inspector. Dates are as follows:
October 20, 2022 at 4:00 p.m.;
October 27, 2022 - early morning: 9:00/10:00 a.m.;
November 1, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
4
November 2, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
November 8, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; and
November 16, 2022 - early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
Thanks, and have a wonderful rest of your day.
Cynthia Oreto
Legal Assistant/Scheduler
——!]
1422 Hendry Street
3rd Floor
Fort Myers, FL 33901
Phone: 239-561-2828
Direct: 239-210-3744
Fax: 239-561-2841
WN LuKS, SANTANIELLO
PeTRILLO, COHEN & PETERFRIEND
QUA VERDICTS TELL THE STORY —
E-Mail / Website / Offices
CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the
confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged
communications, work product and mental impressions of the above sender. If the reader of this message is not
the intended recipient or if you have received this communication in error, you are hereby notified that you have
received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is
strictly prohibited. SMOE client-side signature
From: Cynthia Oreto
Sent: Tuesday, September 13, 2022 3:30 PM
To: 'Angelica Gonzalez’ ; Camila Guerrero ;
91ef273c7+matter 1408344947 @maildrop.clio.com; Clifford Mothapo ; Leidy
Cuervo
Ce: Vanessa V. Hornedo ; Ciara Strub
Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Good Afternoon Mr. Mothapo:
This is the list of dates that our Inspector has available for an inspection of the subject premises.
October 20, 2022 at 4:00 p.m.;
October 27, 2022 - early morning: 9:00/10:00 a.m.;
November 1, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
November 2, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
November 8, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; and
November 16, 2022 - early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
5
If you could pick at least two of these dates, it would be greatly appreciated. . Thanks, and have a wonderful rest
of your day.
Cynthia Oreto
Legal Assistant/Scheduler
——!]
1422 Hendry Street
3rd Floor
Fort Myers, FL 33901
Phone: 239-561-2828
Direct: 239-210-3744
Fax: 239-561-2841
WN LuKS, SANTANIELLO
PeTRILLO, COHEN & PETERFRIEND
——oua vEnorers reLt me stony
E-Mail / Website / Offices
CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the
confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged
communications, work product and mental impressions of the above sender. If the reader of this message is not
the intended recipient or if you have received this communication in error, you are hereby notified that you have
received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is
strictly prohibited. SMOE client-side signature
From: Angelica Gonzalez
Sent: Tuesday, September 13, 2022 3:27 PM
To: Cynthia Oreto ; Vanessa V. Hornedo
; Ciara Strub
Ce: Leidy Cuervo ; Camila Guerrero ; Clifford Mothapo
; 91lef273c7+matter 1408344947 @maildrop.clio.com
Subject: Re: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Dear Vanessa,
Thank you, I will submit accordingly.
Once my office is in receipt of the signed Order, @Clifford Mothapo will assist you with the inspection
coordination.
Have a great day!
**Scheduling note: Please be advised we do not hold dates for more than 48 hours.
Thank you, please reply all.
Kind regards,
ONL tal eet 4
fae eT) Ph
Pe agg ee
ielesWie. nes WANE
7
Notice / Disclaimer
This message may contain confidential or privileged information.
If you are not the intended recipient, please destroy this message and notify sender by reply e-mail.
4; Please consider the environment before printing this message.
From: Cynthia Oreto
Sent: Tuesday, September 13, 2022 15:11
To: Leidy Cuervo ; Vanessa V. Hornedo
Ce: Angelica Gonzalez ; Ciara Strub ; Camila
Guerrero ; Clifford Mothapo ;
91ef273c7+matter 1408344947 @maildrop.clio.com <91ef273c7+matter1408344947 @maildrop.clio.com>
Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Vanessa — I’ve attached the Order. Thanks
Cynthia Oreto
Legal Assistant/Scheduler
—=—=—===
1422 Hendry Street
3rd Floor
Fort Myers, FL 33901
Phone: 239-561-2828
Direct: 239-210-3744
Fax: 239-561-2841
ti
LuKS, SANTANIELLO
PETRILLO, COHEN & PETERFRIEND
—— ua viepiers rete me stony ——
E-Mail / Website / Offices
CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the
confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged
communications, work product and mental impressions of the above sender. If the reader of this message is not
the intended recipient or if you have received this communication in error, you are hereby notified that you have
received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is
strictly prohibited. SMOE client-side signature
From: Leidy Cuervo
Sent: Tuesday, September 13, 2022 3:07 PM
To: Vanessa V. Hornedo
Ce: Angelica Gonzalez ; Cynthia Oreto ; Ciara
Strub ; Camila Guerrero ; Clifford Mothapo
; 91ef273c7+matter1408344947@maildrop.clio.com
Subject: Re: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Importance: High
Vanessa,
Following up on my previous email. Please review the order and let me know so we can get it submitted and
contact our clients to coordinate the inspection.
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Notice / Disclaimer
This message may contain confidential or privileged information.
If you are not the intended recipient, please destroy this message and notify sender by reply e-mail.
Please consider the environment before printing this message.
From: Leidy Cuervo
Date: Monday, September 12, 2022 at 9:49 AM
To: "Vanessa V. Hornedo"
Ce: Angelica Gonzalez , Cynthia Oreto , Ciara
Strub , Camila Guerrero , Clifford Mothapo
, "91ef273c7-tmatter 1408344947 @maildrop.clio.com"
<9 1lef273c7+matter 1408344947 @maildrop.clio.com>
Subject: Re: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Hi Vanessa,
Please see the attached order for your review. Please let me know so we can get it submitted.
Thanks,
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From: Leidy Cuervo
Date: Friday, September 9, 2022 at 5:33 PM
To: "Vanessa V. Hornedo"
Ce: Angelica Gonzalez , Cynthia Oreto , Ciara
Strub , Camila Guerrero , Clifford Mothapo
, "91ef273c7-+matter 1408344947 @maildrop.clio.com"
<9 lef273c7+matter 1408344947 @maildrop.clio.com>
Subject: Re: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Vanessa,
Please disregard the previous email. My assistant hasn’t worked on the order per the Judge’s instructions and
rulings today. You will have the order by Monday.
Thank you
Sent from my iPhone
On Sep 9, 2022, at 5:18 PM, Vanessa V. Hornedo wrote:
Good Afternoon,
We are not in agreement with the proposed order as written; Judge Gentile addressed our motion
and your objection today during a hearing on the Motion to Compel Mediation and we will
proceed according to his ruling. Please let me know when the proposed order from today’s
hearing is ready.
Thank You,
Vanessa Hornedo
Attorney at Law
————
1422 Hendry Street
3rd Floor
Fort Myers, FL 33901
Phone: 239-561-2828
Direct: 239-215-5127
Fax: 239-561-2841
LuKS, SANTANIELLO
PerRILLO, COHEN & PETERFRIEND
—— oun verorers ret tHe stony —
E-Mail / Website / Offices / CV
CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for
the confidential use of the recipient(s) named above. This message and its attachments are
attorney-client privileged communications, work product and mental impressions of the above
sender. If the reader of this message is not the intended recipient or if you have received this
communication in error, you are hereby notified that you have received this in error, that you
should destroy it, notify us at once and any review, dissemination or copying is strictly
prohibited. SMOE client-side signature
From: Angelica Gonzalez
Sent: Friday, September 9, 2022 4:59 PM
To: Cynthia Oreto ; Ciara Strub
; Vanessa V. Hornedo
Ce: Leidy Cuervo ; Camila Guerrero <: @scottklotzman.com>;
Clifford Mothapo ;
91ef273c7+matter 1408344947 @maildrop.clio.com
Subject: Re: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
10
Dear Cynthia,
T hope all is well.
Please find attached our proposed Order on Defendant's Request for Entry Upon
Land for your review. Upon your approval we will submit the same to the Judge and coordinate
this inspection with you.
Thank you and we look forward to your response.
**Scheduling note: Please be advised we do not hold dates for more than 48 hours.
Thank you, please reply all.
Kind regards,
ONL tal eet 4
art Oi
Pe agg ee
be we Shee WALL
7
Notice / Disclaimer
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If you are not the intended recipient, please destroy this message and notify sender by reply e-mail.
54; Please consider the environment before printing this message.
From: Cynthia Oreto
Sent: Friday, September 9, 2022 16:21
To: Clifford Mothapo ; Chamaine Erasmus
; Camila Guerrero ; Leidy Cuervo
; Angelica Gonzalez
Ce: Ciara Strub ; Vanessa V. Hornedo
11
Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Good Afternoon:
| hope this email finds you well. We are looking to coordinate the inspection of the subject premises,
with our Inspector, Aaron Duba. Please see available dates and if you could provide two dates that
would work for the inspection, it would be greatly appreciated as calendars tend to get booked rather
quickly.
October 20, 2022 at 4:00 p.m.;
October 27, 2022 - early morning: 9:00/10:00 a.m.;
November 1, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
November 2, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
November 8, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; and
November 16, 2022 - early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
Again, if you can pick at least two of these dates and as soon as you are able, it would be greatly
appreciated. Thanks, and have a wonderful rest of your day and weekend.
Cynthia Oreto
Legal Assistant/Scheduler
—=—=—====
1422 Hendry Street
3rd Floor
Fort Myers, FL 33901
Phone: 239-561-2828
Direct: 239-210-3744
Fax: 239-561-2841
wy LuKS, SANTANIELLO
PerRILLO, COHEN & PETERFRIEND
—— oun verorers ret tHe stony —
E-Mail / Website / Offices
SMOE client-side signature
CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the
confidential use of the recipient(s) named above. This message and its attachments are attorney-client
privileged communications, work product and mental impressions of the above sender. If the reader of
this message is not the intended recipient or if you have received this communication in error, you are
hereby notified that you have received this in error, that you should destroy it, notify us at once and any
review, dissemination or copying is strictly prohibited. SMOE client-side signature
From: Cynthia Oreto
Sent: Wednesday, August 31, 2022 4:12 PM
To: ‘Clifford Mothapo' ; 'Chamaine Erasmus' ;
‘Camila Guerrero' ; 'Leidy Cuervo' ; ‘Angelica
Gonzalez'
Cc: Ciara Strub ; Vanessa V. Hornedo
12
Subject: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA
Good Afternoon:
| hope this email finds you well. We are looking to coordinate the inspection of the subject premises,
with our Inspector, Aaron Duba. Please see available dates and if you could provide two dates that
would work for the inspection, it would be greatly appreciated as calendars tend to get booked rather
quickly.
October 20, 2022 at 4:00 p.m.;
October 27, 2022 - early morning: 9:00/10:00 a.m.;
November 1, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
November 2, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
November 8, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; and
November 16, 2022 - early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.;
Again, if you can pick at least two of these dates and as soon as you are able, it would be greatly
appreciated. Thanks, and have a wonderful rest of your day.
Cynthia Oreto
Legal Assistant/Scheduler
———
1422 Hendry Street
3rd Floor
Fort Myers, FL 33901
Phone: 239-561-2828
Direct: 239-210-3744
Fax: 239-561-2841
WN
E-Mail /
LuKS, SANTANIELLO
PeTRILLO, COHEN & PETERFRIEND
QUA VERDICTS TELL THE STORY —
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analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If
suspicious content is detected, you will see a warning.
13
Preview
Filing # 163836495 E-Filed 12/29/2022 02:54:08 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 22-000212-CA YANARA BARKER, Plaintiff(s), V. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant(s). / DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF COMES NOW, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (hereinafter, “Defendant” or "Citizens”), by and through undersigned counsel and moves this Honorable Court for an Order imposing sanctions on Plaintiff, and as grounds in support, therefore states as follows: 1 This is a breach of contract action, which arises from a property damage insurance claim submitted by Plaintiff under the policy of insurance issued by Defendant (the Policy”), which insured Plaintiff's property, located at 18098 Eau Gallie Cir, Port Charlotte, FL 33948 (the “Property”), against certain perils set forth in the Policy. Specifically, Plaintiff alleges that their property suffered wind damage on or about July 26, 2021, as result of a windstorm, and that Defendant breached the subject policy in its adjustment of Plaintiff's claim. Case No.: 22-000212-CA Page 2 of 7 3. On September 1, 2022, the Defendant filed a Motion for Entry Upon Land seeking to inspect the alleged damage. Please see Defendant's Motion for Entry upon Land attached hereto as Exhibit “A”. In response, Plaintiff filed a conditional objection to the scope of the inspection, but otherwise stated they were in agreement with Defendant's re-inspection of the property. Please see Plaintiff's Conditional Objection on Defendant's Request for Entry Upon attached hereto as Exhibit “B”. Defendant's Motion and Plaintiff's limited objections were addressed by the Court on September 9, 2022, wherein the Court ruled the inspection would occur on October 20, 2022, October 27, 2022, November 1, 2022, or November 2, 2022. Please see the Order on Plaintiff's Motion to Compel Mediation attached hereto as Exhibit "C”. Pursuant to the Court's order and agreement of the Parties, the inspection was scheduled for November 1, 2022, at 4:00pm. Please see the Email Confirming Inspection Date and Time attached hereto as Exhibit “D”. On November 1, 2022, Defendant's counsel and expert engineer were present at the Plaintiff's residence—18098 Eau Gallie Circle, Port Charlotte, FL 33948—for the mutually coordinated property inspection. However, upon arrival at the property, Plaintiff Yanara Barker refused to allow Defendant's expert to complete the inspection of the property by denying him Case No.: 22-000212-CA Page 3 of 7 access to the property—including the property's roof. As such, Defendant was unable to perform the Court ordered and mutually scheduled inspection. This was a direct violation of the Court's September 15, 2022 order, which explicitly ruled that an inspection of the property “shall” occur on one of the listed dates. Please see the Order on Plaintiff's Motion to Compel Mediation attached hereto as Exhibit “C". 10. Pursuant Rule 1.380(d), Fla. R. Civ. P., “[i]f a party... fails... to serve a written response to a request for inspection submitted under rule 1.350 after proper service of the request, the court in which the action is pending may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule.” 11. Pursuant to Rule 1.380(b)(2), Fla. R. Civ. P., the court may make any of the following orders: (A) An order that the matters regarding which the questions were asked or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order. (B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence. (C) An order striking out pleadings or parts of them or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part of it, or rendering a judgment by default against the disobedient party. 12. The central question in this case is the condition of the subject property, and the cause of the alleged damage. As such, by refusing to allow Defendant to inspect Case No.: 22-000212-CA Page 4 of 7 the property—in spite of a Court order compelling same—the Plaintiff has completely thwarted Defendant's ability to prepare its defense. 13. Additionally, by waiting until Defendant's counsel and expert were present at the property to refuse entry, Plaintiff additionally caused Defendant to incur costs and fees without the benefit of obtaining the Discovery these costs and fees were meant to facilitate in the first place. 14. As such, Defendant hereby moves for an order awarding sanctions against Plaintiff in the form of a judgment by default pursuant to Rule 1.380(b)(2)(C), and awarding fees and costs pursuant to Rule 1.380(b)(2). 15. Overall, Florida has a longstanding policy favoring adjudication of lawsuits on the merits. Hanft v. Church, 671 So. 2d 249 (Fla. 3d DCA 1996); Cinkat Transp. Inc. v. Maryland Casualty Co.,596 So. 2d 746 (Fla. 3d DCA 1992). However, in the instant case, there is no other remedy that can alleviate the prejudice Plaintiff has willfully and intentionally caused to Defendant. 16.In light of Plaintiff's actions, Defendant asserts that this case presents a set of facts wherein rendering a judgment by default against the disobedient party would be appropriate. 17. Alternatively, Defendant would request an order ruling that the condition of the property and causes of the alleged damage “shall be taken to be established for Case No.: 22-000212-CA Page 5 of 7 the purposes of the action in accordance with the claim of the party obtaining the order.” 18. Additionally, pursuant to Rule 1.380(b)(2), Fla. R. Civ. P., Defendant is entitled recover the reasonable expenses caused by Plaintiff's failure to obey the order, which may include attorneys’ fees. Instead of any of the foregoing orders or in addition to them, the court shall require the party failing to obey the order to pay the reasonable expenses caused by the failure, which may include attorneys’ fees, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. Rule 1.380(b)(2), Fla. R. Civ. P. (emphasis added). 19. Because of Plaintiff's refusal to allow the inspection to go forward after it had been coordinated and Defendant's expert was physically present at the property, Defendant has incurred $2,770.81 in costs; not including attorney's fees. 20. Defendant hereby moves for an order which additionally awards fees and costs to Defendant pursuant to Rule 1.380(b)(2). 21. The Defendant further states that it has, in good faith, conferred with Plaintiff's counsel to resolve this matter prior to hearing and court intervention. WHEREFORE, the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, respectfully request this Honorable Court enter an Order granting: 1) Default Judgment against Plaintiff pursuant to Rule 1.380(b)(2)(C); Case No.: 22-000212-CA Page 6 of 7 2) awarding $2,770.81 in costs incurred from Defendant's Expert's thwarted inspection of Plaintiff's property pursuant to Rule 1.380(b)(2); 3) awarding attorney's fees to Defendant for Counsel's time in relation to the thwarted inspection of Plaintiff's property and the instant motion pursuant to Rule 1.380(b)(2); and 4) and any other relief this Court deems appropriate under the circumstances. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic Mail, to all counsel of record listed on the attached Service List, this 29th day of December, 2022. LUKS, SANTANIELLO, PETRILLO, COHEN & PETERFRIEND Attorneys for Defendant 1422 HENDRY STREET 3rd Floor FORT MYERS, FL 33901 Telephone: (239) 561-2828 Facsimile: (239) 561-2841 By: ‘s/ Vanessa Hornedo, Esq Howard W. Holden Florida Bar No.: 814067 Vanessa Hornedo Florida Bar No.: 1011646 LUKSFTM-Pleadings@Is-law.com VHornedo@insurancedefense.net ARClark@insurancedefense.net Case No.: 22-000212-CA Page 7 of 7 SERVICE LIST Leidy Cuervo, Esq. Law Offices of Scott Klotzman, P.A. 2001 Tyler Street, Suite 5 Hollywood, Florida 33020 954.915.7405 eservice@scottklotzman.com Filing # 156580891 E-Filed 09/01/2022 09:30:40 AM EXHIBIT "A" IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 22-000212-CA YANARA BARKER, Plaintiff(s), Vv. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant(s). II MOTION FOR ENTRY UPON LAND Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, requests that Plaintiff, YANARA BARKER, permit representatives of CITIZENS PROPERTY INSURANCE CORPORATION to enter upon the subject property that is located at 18098 Eau Gallie Circle, Port Charlotte, FL 33948 (the “subject property”). The purpose for the entry upon the subject property in the possession and control of Plaintiff's for re-inspection of the subject property regarding claimed damage, verification of measurements, and photographing claimed damage. There will be no destructive testing performed. The subject property is the property described in Plaintiff's Complaint. The inspection shall occur at a mutually convenient date and time coordinated by the undersigned. Case No.: 2021-CA-3626 Page 2 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic Mail, to all counsel of record listed on the attached Service List, this 1“ day of September, 2022. LUKS, SANTANIELLO, PETRILLO, COHEN & PETERFRIEND Attorneys for Defendant 1422 HENDRY STREET 3rd Floor FORT MYERS, FL 33901 Telephone: (239) 561-2828 Facsimile: (239) 561-2841 By:___/s/ Vanessa Hornedo, Esq Howard W. Holden Florida Bar No.: 814067 Vanessa Hornedo Florida Bar No.: 1011646 LUKSFTM-Pleadings@Is-law.com VHornedo@insurancedefense.net DPerez@insurancedefense.net SERVICE LIST Leidy Cuervo, Esq. Law Offices of Scott Klotzman, P.A. 2001 Tyler Street, Suite 5 Hollywood, Florida 33020 954.915.7405 eservice@scottklotzman.com Filing # 156636001 E-Filed 09/01/2022 03:53:06 PM EXHIBIT "B" IN THE CIRCUIT COURT OF THE 20TH JUDICIAL = CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 22000212CA YANARA BARKER, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. PLAINTIFF’S CONDITIONAL OBJECTION ON DEFENDANT'S RE ST FOR ENTRY UPON LAND COMES NOW, Plaintiff's; YANARA BARKER, through undersigned counsel, hereby files with the Court Plaintiff Conditional Objection to Defendant’s Request for Entry Upon Land and as grounds therefore, states as follows: 1 Plaintiff is in agreement with Defendant's re-inspection of the property through their request to enter the land with the limitations as expressed herein. 2. Defendant’s re-inspection of the land shall be limited to the scope of discovery under Florida Rule Civil Procedure 1.280 and 1.350 (Reasonable Time, Place, and Manner), as framed by the pleadings, and as set forth in Plaintiff's damages estimate. 3 Defendant's re-inspection of the land shall be limited to three (3) hours. 4 Defendant is entitled to this re-inspection. No other inspection shall take place, except for good cause. WHEREFORE, premises considered, Plaintiff, allows the requested entry into Plaintiffs residence with the above limitations. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via electronic correspondence to: Joseph Piomelli, Esq., (Attorney for Defendant), from LUKS, SANTANIELLO, PETRILLO, COHEN & PETERFRIEND, 1422 HENDRY STREET 3rd Floor FORT MYERS, FL 33901 at: JPiomelli@insurancedefense.net, LUKSFTM-Pleadings@ls- law.com, and DPerez@insurancedefense.net on September 1°‘, 2022. Respectfully submitted, Law Offices of Scott Klotzman, P.A. Attorney for Plaintiff 2001 Tyler Street, Suite 5 Hollywood, Florida 33020 Phone: 954.915.7405 Email: eservice@scottklotzman.com By. /s/ Leidy Cuervo Scott Klotzman, Esq. Florida Bar No.: 048099 Leidy Cuervo, Esquire Florida Bar No.: 1008082 Filing # 157448143 E-Filed 09/15/2022 07:59:45 AM EXHIBIT "C" IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 22-000212-CA YANARA BARKER, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / ORDER PLAINTIFF’S MOTION TO COMPEL MEDIATION This cause having come to be considered by the Court on Plaintiff's Motion to Compel Mediation, and the Court having considered all arguments on September 9, 2022, it is hereby ORDERED AND ADJUDGED as follows: 1 Plaintiff's Motion to Compel Mediation is GRANTED. Mediation shall be conducted on or before December 30, 2022. Defendant’s inspection of Plaintiff's property shall occur on October 20, 2022, October 27, 2022, November 1, 2022, or November 2, 2022. 4 Defendant’s inspection shall be limited to 5 hours. Defendant nor any of Defendant’s representatives shall communicate with the Plaintiffs other than to schedule the inspection. 6 Mediation shall be scheduled within ten (10) days from the date of this order. DONE AND ORDERED esi 'Y H in 22000212CA on 15/2025 36ol Electronic Service List Howard W Holden , , Vanessa Hornedo, Esq. , Scott Eric Klotzman , Leidy Cuervo , HOWARD WILLIAM HOLDEN SCOTT ERIC KLOTZMAN SCOTT ERIC KLOTZMAN SCOTT ERIC KLOTZMAN SCOTT ERIC KLOTZMAN SCOTT ERIC KLOTZMAN SCOTT ERIC KLOTZMAN JOSEPH PIOMELLI EXHIBIT "D" Vanessa V. Hornedo From: Cynthia Oreto Sent: Wednesday, September 21, 2022 8:48 AM To: ‘Clifford Mothapo’; Vanessa V. Hornedo; Ciara Strub Ce: Angelica Gonzalez; '91ef273c7+matter1408344947@maildrop.clio.com’; Leidy Cuervo; Camila Guerrero Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Good Morning Mr. Mothapo: The inspection is confirmed for Tuesday, November 1, 2022, at 4:00 p.m. at the subject property. If you should need anything further, please let me know. Have a wonderful day. Cynthia Oreto Legal Assistant/Scheduler SEE 1422 Hendry Street 3rd Floor Fort Myers, FL 33901 Phone: 239-561-2828 Direct: 239-210-3744 Fax: 239-561-2841 iN Luks, SANTANIELLO PETRILLO,COHEN & PETERFRIEND oun verorers rete tHe stony — E-Mail / Website / Offices (CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged communications, work product and mental impressions of the above sender. If the reader of this message is not the intended recipient or if you have received this communication in error, you are hereby notified that you have received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is strictly prohibited. From: Clifford Mothapo Sent: Tuesday, September 20, 2022 4:37 PM To: Cynthia Oreto ; Vanessa V. Hornedo ; Ciara Strub Cc: Angelica Gonzalez ; '91ef273c7+matter1408344947 @maildrop.clio.com' <91ef273c7+matter1408344947 @maildrop.clio.com>; Leidy Cuervo ; Camila Guerrero Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Good afternoon, Regarding the matter above, Ms. Barker has reconfirmed her availability for inspection on hold for Tuesday, November 01, 2022, at 4:00 PM for the below property. Insured: Yanara Barker Property: 18098 Eau Gallie Circle, Port Charlotte, FL 33948 As discussed, the property does not have a Tarp on the roof, it is a 1 story building and does not reside in a gated community. Should you have any questions or concerns, please do not hesitate to contact our office. Thank you for taking the time to look into this matter. I look forward to your response *To confirm a date for the inspection, please reply to this email. Please note we do not hold dates for more than 48 hours.* Kind regards, beste)i ohare) Pott ao ler et. yh EN eh lee ee) 1 OL Osi wa Oe Ae a J oo) Notice / Disclaimer This message may contain confidential or privileged information. If you are not the intended recipient, please destroy this message and notify sender by reply e-mail. #4 Please consider the environment before printing this message From: Cynthia Oreto Sent: Tuesday, 20 September 2022 16:26 To: Clifford Mothapo ; Vanessa V. Hornedo ; Ciara Strub ; Angelica Gonzalez ; '9lef273c7+matter 1408344947@maildrop.clio.com' <9 1 ef273c7+matter1408344947@maildrop.clio.com>; Leidy Cuervo ; Camila Guerrero Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Good Morning Mr. Mothapo: As mentioned in my prior email to you, October 20, 2022 at 4:00 p.m. is unavailable. Kindly note this list of dates and times for our inspector, Mr. Duba, and advise if any will work. I stress that the inspector’s dates and 2 times are available to other firms as well, so time is of the essence. Here is the list of dates and times as follows: November 1, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; November 2, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; November 8, 2022 — available at 2:00 p.m. November 16, 2022 — early morning 9:00/10:00 a.m. or afternoon 4:00 p.m. I look forward to hearing back from you at your earliest. Have a wonderful day. Cynthia Oreto Legal Assistant/Scheduler ——— 1422 Hendry Street 3rd Floor Fort Myers, FL 33901 Phone: 239-561-2828 Direct: 239-210-3744 Fax: 239-561-2841 LuKS, SANTANIELLO PerRILLO, COHEN & PETERFRIEND —— oun verorers ret tHe stony — E-Mail / Website / Offices CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged communications, work product and mental impressions of the above sender. If the reader of this message is not the intended recipient or if you have received this communication in error, you are hereby notified that you have received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is strictly prohibited. SMOE client-side signature From: Clifford Mothapo Sent: Monday, September 19, 2022 3:49 PM To: Cynthia Oreto ; Vanessa V. Hornedo ; Ciara Strub Ce: Camila Guerrero ; Angelica Gonzalez ; '9 lef273c7+matter1408344947@maildrop.clio.com' <9 lef273c7+matter1408344947@maildrop.clio.com>; Leidy Cuervo Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Good afternoon, Regarding the matter above, Ms. Barker has confirmed her availability for inspection on hold for Thursday, October 20, 2022, at 4:00 PM for the below property. Insured: Yanara Barker Property: 18098 Eau Gallie Circle, Port Charlotte, FL 33948 Please note, the property does not have a Tarp on the roof, it is a 1 story building and does not reside in a gated community. Should you have any questions or concerns, please do not hesitate to contact our office. Thank you for taking the time to look into this matter. I look forward to your response *To confirm a date for the inspection, please reply to this email. Please note we do not hold dates for more than 48 hours.* Kind regards, cog i tte)ioe Teh a PT) Teter ale mia) ns ed 2 lee tee) LOL 0 i Wn .@ 6 NA ie 27. J oo) Notice / Disclaimer This message may contain confidential or privileged information. If you are not the intended recipient, please destroy this message and notify sender by reply e-mail. «4 Please consider the environment before printing this message From: Cynthia Oreto Sent: Friday, 16 September 2022 15:22 To: Angelica Gonzalez ; Camila Guerrero ; '9 lef273c7+matter1408344947@maildrop.clio.com' <9 lef273c7+matter1408344947@maildrop.clio.com>; Clifford Mothapo ; Leidy Cuervo Ce: Vanessa V. Hornedo ; Ciara Strub Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Good Afternoon: Iam following up on my below email regarding inspection dates offered. Kindly choose at least two dates from the list so that we may lock in our inspector. Dates are as follows: October 20, 2022 at 4:00 p.m.; October 27, 2022 - early morning: 9:00/10:00 a.m.; November 1, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; 4 November 2, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; November 8, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; and November 16, 2022 - early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; Thanks, and have a wonderful rest of your day. Cynthia Oreto Legal Assistant/Scheduler ——!] 1422 Hendry Street 3rd Floor Fort Myers, FL 33901 Phone: 239-561-2828 Direct: 239-210-3744 Fax: 239-561-2841 WN LuKS, SANTANIELLO PeTRILLO, COHEN & PETERFRIEND QUA VERDICTS TELL THE STORY — E-Mail / Website / Offices CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged communications, work product and mental impressions of the above sender. If the reader of this message is not the intended recipient or if you have received this communication in error, you are hereby notified that you have received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is strictly prohibited. SMOE client-side signature From: Cynthia Oreto Sent: Tuesday, September 13, 2022 3:30 PM To: 'Angelica Gonzalez’ ; Camila Guerrero ; 91ef273c7+matter 1408344947 @maildrop.clio.com; Clifford Mothapo ; Leidy Cuervo Ce: Vanessa V. Hornedo ; Ciara Strub Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Good Afternoon Mr. Mothapo: This is the list of dates that our Inspector has available for an inspection of the subject premises. October 20, 2022 at 4:00 p.m.; October 27, 2022 - early morning: 9:00/10:00 a.m.; November 1, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; November 2, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; November 8, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; and November 16, 2022 - early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; 5 If you could pick at least two of these dates, it would be greatly appreciated. . Thanks, and have a wonderful rest of your day. Cynthia Oreto Legal Assistant/Scheduler ——!] 1422 Hendry Street 3rd Floor Fort Myers, FL 33901 Phone: 239-561-2828 Direct: 239-210-3744 Fax: 239-561-2841 WN LuKS, SANTANIELLO PeTRILLO, COHEN & PETERFRIEND ——oua vEnorers reLt me stony E-Mail / Website / Offices CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged communications, work product and mental impressions of the above sender. If the reader of this message is not the intended recipient or if you have received this communication in error, you are hereby notified that you have received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is strictly prohibited. SMOE client-side signature From: Angelica Gonzalez Sent: Tuesday, September 13, 2022 3:27 PM To: Cynthia Oreto ; Vanessa V. Hornedo ; Ciara Strub Ce: Leidy Cuervo ; Camila Guerrero ; Clifford Mothapo ; 91lef273c7+matter 1408344947 @maildrop.clio.com Subject: Re: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Dear Vanessa, Thank you, I will submit accordingly. Once my office is in receipt of the signed Order, @Clifford Mothapo will assist you with the inspection coordination. Have a great day! **Scheduling note: Please be advised we do not hold dates for more than 48 hours. Thank you, please reply all. Kind regards, ONL tal eet 4 fae eT) Ph Pe agg ee ielesWie. nes WANE 7 Notice / Disclaimer This message may contain confidential or privileged information. If you are not the intended recipient, please destroy this message and notify sender by reply e-mail. 4; Please consider the environment before printing this message. From: Cynthia Oreto Sent: Tuesday, September 13, 2022 15:11 To: Leidy Cuervo ; Vanessa V. Hornedo Ce: Angelica Gonzalez ; Ciara Strub ; Camila Guerrero ; Clifford Mothapo ; 91ef273c7+matter 1408344947 @maildrop.clio.com <91ef273c7+matter1408344947 @maildrop.clio.com> Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Vanessa — I’ve attached the Order. Thanks Cynthia Oreto Legal Assistant/Scheduler —=—=—=== 1422 Hendry Street 3rd Floor Fort Myers, FL 33901 Phone: 239-561-2828 Direct: 239-210-3744 Fax: 239-561-2841 ti LuKS, SANTANIELLO PETRILLO, COHEN & PETERFRIEND —— ua viepiers rete me stony —— E-Mail / Website / Offices CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged communications, work product and mental impressions of the above sender. If the reader of this message is not the intended recipient or if you have received this communication in error, you are hereby notified that you have received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is strictly prohibited. SMOE client-side signature From: Leidy Cuervo Sent: Tuesday, September 13, 2022 3:07 PM To: Vanessa V. Hornedo Ce: Angelica Gonzalez ; Cynthia Oreto ; Ciara Strub ; Camila Guerrero ; Clifford Mothapo ; 91ef273c7+matter1408344947@maildrop.clio.com Subject: Re: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Importance: High Vanessa, Following up on my previous email. Please review the order and let me know so we can get it submitted and contact our clients to coordinate the inspection. 1a >) ae od Uh a= A" f- am 1-000 03 3 rx lot Ga Gael tg ON eb a ene ely TOL OM i Ub .@ OM WAN FLU. ae. a a) 1) ti Notice / Disclaimer This message may contain confidential or privileged information. If you are not the intended recipient, please destroy this message and notify sender by reply e-mail. Please consider the environment before printing this message. From: Leidy Cuervo Date: Monday, September 12, 2022 at 9:49 AM To: "Vanessa V. Hornedo" Ce: Angelica Gonzalez , Cynthia Oreto , Ciara Strub , Camila Guerrero , Clifford Mothapo , "91ef273c7-tmatter 1408344947 @maildrop.clio.com" <9 1lef273c7+matter 1408344947 @maildrop.clio.com> Subject: Re: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Hi Vanessa, Please see the attached order for your review. Please let me know so we can get it submitted. Thanks, a >) ae od Uh a= Af am 1-200 0d a Nt telot lt Ga ae Groli Tad PN Od L082) ‘ TOL OMI Mb .@ FO WAN) FU. Pan oe TX: my at mM yt) Notice / Disclaimer This message may contain confidential or privileged information. If you are not the intended recipient, please destroy this message and notify sender by reply e-mail Please consider the environment before printing this message. From: Leidy Cuervo Date: Friday, September 9, 2022 at 5:33 PM To: "Vanessa V. Hornedo" Ce: Angelica Gonzalez , Cynthia Oreto , Ciara Strub , Camila Guerrero , Clifford Mothapo , "91ef273c7-+matter 1408344947 @maildrop.clio.com" <9 lef273c7+matter 1408344947 @maildrop.clio.com> Subject: Re: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Vanessa, Please disregard the previous email. My assistant hasn’t worked on the order per the Judge’s instructions and rulings today. You will have the order by Monday. Thank you Sent from my iPhone On Sep 9, 2022, at 5:18 PM, Vanessa V. Hornedo wrote: Good Afternoon, We are not in agreement with the proposed order as written; Judge Gentile addressed our motion and your objection today during a hearing on the Motion to Compel Mediation and we will proceed according to his ruling. Please let me know when the proposed order from today’s hearing is ready. Thank You, Vanessa Hornedo Attorney at Law ———— 1422 Hendry Street 3rd Floor Fort Myers, FL 33901 Phone: 239-561-2828 Direct: 239-215-5127 Fax: 239-561-2841 LuKS, SANTANIELLO PerRILLO, COHEN & PETERFRIEND —— oun verorers ret tHe stony — E-Mail / Website / Offices / CV CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged communications, work product and mental impressions of the above sender. If the reader of this message is not the intended recipient or if you have received this communication in error, you are hereby notified that you have received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is strictly prohibited. SMOE client-side signature From: Angelica Gonzalez Sent: Friday, September 9, 2022 4:59 PM To: Cynthia Oreto ; Ciara Strub ; Vanessa V. Hornedo Ce: Leidy Cuervo ; Camila Guerrero <: @scottklotzman.com>; Clifford Mothapo ; 91ef273c7+matter 1408344947 @maildrop.clio.com Subject: Re: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA 10 Dear Cynthia, T hope all is well. Please find attached our proposed Order on Defendant's Request for Entry Upon Land for your review. Upon your approval we will submit the same to the Judge and coordinate this inspection with you. Thank you and we look forward to your response. **Scheduling note: Please be advised we do not hold dates for more than 48 hours. Thank you, please reply all. Kind regards, ONL tal eet 4 art Oi Pe agg ee be we Shee WALL 7 Notice / Disclaimer This message may contain confidential or privileged information. If you are not the intended recipient, please destroy this message and notify sender by reply e-mail. 54; Please consider the environment before printing this message. From: Cynthia Oreto Sent: Friday, September 9, 2022 16:21 To: Clifford Mothapo ; Chamaine Erasmus ; Camila Guerrero ; Leidy Cuervo ; Angelica Gonzalez Ce: Ciara Strub ; Vanessa V. Hornedo 11 Subject: RE: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Good Afternoon: | hope this email finds you well. We are looking to coordinate the inspection of the subject premises, with our Inspector, Aaron Duba. Please see available dates and if you could provide two dates that would work for the inspection, it would be greatly appreciated as calendars tend to get booked rather quickly. October 20, 2022 at 4:00 p.m.; October 27, 2022 - early morning: 9:00/10:00 a.m.; November 1, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; November 2, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; November 8, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; and November 16, 2022 - early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; Again, if you can pick at least two of these dates and as soon as you are able, it would be greatly appreciated. Thanks, and have a wonderful rest of your day and weekend. Cynthia Oreto Legal Assistant/Scheduler —=—=—==== 1422 Hendry Street 3rd Floor Fort Myers, FL 33901 Phone: 239-561-2828 Direct: 239-210-3744 Fax: 239-561-2841 wy LuKS, SANTANIELLO PerRILLO, COHEN & PETERFRIEND —— oun verorers ret tHe stony — E-Mail / Website / Offices SMOE client-side signature CONFIDENTIALITY NOTICE : The information contained in this e-mail is intended only for the confidential use of the recipient(s) named above. This message and its attachments are attorney-client privileged communications, work product and mental impressions of the above sender. If the reader of this message is not the intended recipient or if you have received this communication in error, you are hereby notified that you have received this in error, that you should destroy it, notify us at once and any review, dissemination or copying is strictly prohibited. SMOE client-side signature From: Cynthia Oreto Sent: Wednesday, August 31, 2022 4:12 PM To: ‘Clifford Mothapo' ; 'Chamaine Erasmus' ; ‘Camila Guerrero' ; 'Leidy Cuervo' ; ‘Angelica Gonzalez' Cc: Ciara Strub ; Vanessa V. Hornedo 12 Subject: Inspection / Barker, Yanara v. Citizens Insurance Company / 22000212CA Good Afternoon: | hope this email finds you well. We are looking to coordinate the inspection of the subject premises, with our Inspector, Aaron Duba. Please see available dates and if you could provide two dates that would work for the inspection, it would be greatly appreciated as calendars tend to get booked rather quickly. October 20, 2022 at 4:00 p.m.; October 27, 2022 - early morning: 9:00/10:00 a.m.; November 1, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; November 2, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; November 8, 2022 — early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; and November 16, 2022 - early morning: 9:00/10:00 a.m. or afternoon 4:00 p.m.; Again, if you can pick at least two of these dates and as soon as you are able, it would be greatly appreciated. Thanks, and have a wonderful rest of your day. Cynthia Oreto Legal Assistant/Scheduler ——— 1422 Hendry Street 3rd Floor Fort Myers, FL 33901 Phone: 239-561-2828 Direct: 239-210-3744 Fax: 239-561-2841 WN E-Mail / LuKS, SANTANIELLO PeTRILLO, COHEN & PETERFRIEND QUA VERDICTS TELL THE STORY — Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. 13