Preview
Filing # 185170684 E-Filed 10/31/2023 03:46:24 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA
CASE NO.: 2023-CA-001359
MAI ANAJANSIN ROCHA ARRATIA
Individually and as Parent and Natural Guardian
of IAN LUCA CERNUDA ROCHA, a Minor,
Plaintiffs,
Vv.
JOSHUA JOHN BARON, ADVENTIST
HEALTH SYSTEM SUNBELT, INC.
and PROGRESSIVE SELECT
INSURANCE CoO.,
Defendants.
/
ADVENTIST HEALTH SYSTEM SUNBELT, INC.’S MOTION FOR
SANCTIONS FOR FAILURE TO COMPLY WITH COURT ORDER
Defendant, Adventist Health System Sunbelt, Inc. (“Adventist Health”), by
and through its undersigned defense counsel, hereby files this Motion for Sanctions
for Failure to Comply with Court Order, and as grounds states as follows:
1 On June 23, 2023, Adventist Health propounded to the Plaintiff, Mai
Anajansin Rocha Arratia (“Plaintiff”), Requests for Production and Interrogatories.
2 Plaintiff did not respond.
3 On August 9, 2023, Adventist Health filed its Motion to Compel
ee F-FILED: GRANT MALOY, CLERK OF CIRCUIT COURT SEMINOLE COUNTY, FL 10/31/2023 03:46:24 PM.****
Discovery.
4 On October 18, 2023, the Court entered an Ex Parte Order requiring
Plaintiff to provide the discovery responses referred to above within ten (10) days,
or by October 28, 2023. See Exhibit “A” attached hereto and made a part hereof.
5 Plaintiff has failed to provide the discovery responses and is in violation
of the Court’s Order. Plaintiff has not sought an enlargement of time to provide
answers, nor has made any contact with Adventist Health’s counsel indicating any
effort to comply with the Court’s Order.
6. As the Plaintiff has been represented by counsel though all material
times relevant to this matter, it is Adventist Health’s position sanctions are warranted
against both the Plaintiff and her counsel.
7 Defendant has been and remains prejudiced by Plaintiffs refusal to
engage in the prosecution of her claim, which includes failures to comply with the
Florida Rules of Civil Procedure and now this Court’s Orders regarding discovery.
WHEREFORE, Defendant, Adventist Health requests this Honorable Court
enter an Order: (1) Dismissing Plaintiffs’ Complaint for failure to comply with this
Court’s Order, or in the alternative (2) imposing monetary sanctions against both the
Plaintiff and her counsel for a reasonable amount based on the lack of engagement,
prosecution and continued refusal to comply with the Court’s Order, and for such
other relief as this Court may deem appropriate.
DATED this 31 day of October, 2023.
/s/Daren J. Dorminy
DAREN J. DORMINY
Florida Bar No. 104983
ddormin morankidd.com
Moran Kidd Lyons Johnson, P.A.
111 N. Orange Avenue, Suite 900
Post Office Box 472
Orlando, Florida 32802-0472
Telephone No.: (407) 841-4141
Facsimile No.: (407) 841-4148
Attorneys for Adventist Health and Baron
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 31, 2023, I electronically filed the
foregoing with the Clerk of the Courts by using the ECF system which will send a
copy to: Lori Kemp-Ostlie, Esq. (Attorneys for Plaintiff), Dan Newlin Injury
Attorneys, 7335 W. Sand Lake Road, Suite 300, Orlando, FL 32819
(lori.ostlie@newlinlaw.com: ostlie.pleadings@newlinlaw.com; and
patricia.croc@newlinlaw.com) and Vanessa N. Pugh, Esq. (Attorneys for
Progressive), The Law Offices of Erick D. Martin, 4030 Crescent Park Dr., Suite
100- A Building/South, Riverview, FL 33578 (NOFLBI@Progressive.com and
VPUGH1@Progressive.com).
/s/Daren J. Dorminy
Daren J. Dorminy
Filing # 184290883 E-Filed 10/18/2023 09:17:52 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA
CASE NO.: 2023-CA-001359
MAI ANAJANSIN ROCHA ARRATIA
Individually and as Parent and Natural Guardian
of IAN LUCA CERNUDA ROCHA, a Minor,
Plaintiffs,
Vv.
JOSHUA JOHN BARON, ADVENTIST
HEALTH SYSTEM SUNBELT, INC.
and PROGRESSIVE SELECT
INSURANCE CO.,
Defendants.
/
EX-PARTE ORDER ON ADVENTIST HEALTH’S,
MOTION TO COMPEL DISCOVERY
THIS CAUSE having come before the Court upon Defendant, Adventist
Health System Sunbelt, Inc.’s (“Adventist Health”) Motion to Compel Discovery,
and the Court being otherwise advised in the premises, it is hereby
ORDERED and ADJUDGED as follows:
1 Adventist Health’s Motion to Compel is hereby GRANTED.
2 Adventist Health filed its Motion to Compel on August 9, 2023, for
responses to Requests for Production and Interrogatories filed on June 23, 2023.
3 1The Plaintiff, Mai Anajansin Rocha Arratia (“Arratia”), shall have
ten (10) days from the date of this Order to fully respond without objection to
-EXA-
Adventist Health’s First Request for Production and First Set of Interrogatories,
and provide all available responsive documents.
4 In the event of a failure to comply with this Order, the Court may
impose sanctions for noncompliance including those specified in Rule 1.380(b)(2),
Fla.R.Civ.P., including, without limitation, costs and attorneys’ fees, striking
pleadings and entry of a default against Arratia.
DONE and ORDERED on this Wednesday, October 18, 2023.
53
BY UIOE OE OE aay ae
C¥ecceee
Jessica Recksiedler, Circuit Judge
59-2023-CA-001359 10/18/2023 09:17:46 PM
Copies have been furnished via the Florida Courts E-Filing portal to the following:
LORI KEMP OSTLIE
lori.ostlie@newlinlaw.com
ostlic.pleadings@newlinlaw.com
leydys.hernandez@newlinlaw.com
DAREN J DORMINY
ddorminy@morankidd.com
liabilityservices@morankidd.com
csnyder@morankidd.com
MELODY S ELAM
NOFLBI@progressive.com
melody_s_hope@progressive.com
Efilemadeeasy Batch Admin
courtservice@efilemadeeasy.com
Preview
Filing # 185170684 E-Filed 10/31/2023 03:46:24 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NO.: 2023-CA-001359 MAI ANAJANSIN ROCHA ARRATIA Individually and as Parent and Natural Guardian of IAN LUCA CERNUDA ROCHA, a Minor, Plaintiffs, Vv. JOSHUA JOHN BARON, ADVENTIST HEALTH SYSTEM SUNBELT, INC. and PROGRESSIVE SELECT INSURANCE CoO., Defendants. / ADVENTIST HEALTH SYSTEM SUNBELT, INC.’S MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH COURT ORDER Defendant, Adventist Health System Sunbelt, Inc. (“Adventist Health”), by and through its undersigned defense counsel, hereby files this Motion for Sanctions for Failure to Comply with Court Order, and as grounds states as follows: 1 On June 23, 2023, Adventist Health propounded to the Plaintiff, Mai Anajansin Rocha Arratia (“Plaintiff”), Requests for Production and Interrogatories. 2 Plaintiff did not respond. 3 On August 9, 2023, Adventist Health filed its Motion to Compel ee F-FILED: GRANT MALOY, CLERK OF CIRCUIT COURT SEMINOLE COUNTY, FL 10/31/2023 03:46:24 PM.**** Discovery. 4 On October 18, 2023, the Court entered an Ex Parte Order requiring Plaintiff to provide the discovery responses referred to above within ten (10) days, or by October 28, 2023. See Exhibit “A” attached hereto and made a part hereof. 5 Plaintiff has failed to provide the discovery responses and is in violation of the Court’s Order. Plaintiff has not sought an enlargement of time to provide answers, nor has made any contact with Adventist Health’s counsel indicating any effort to comply with the Court’s Order. 6. As the Plaintiff has been represented by counsel though all material times relevant to this matter, it is Adventist Health’s position sanctions are warranted against both the Plaintiff and her counsel. 7 Defendant has been and remains prejudiced by Plaintiffs refusal to engage in the prosecution of her claim, which includes failures to comply with the Florida Rules of Civil Procedure and now this Court’s Orders regarding discovery. WHEREFORE, Defendant, Adventist Health requests this Honorable Court enter an Order: (1) Dismissing Plaintiffs’ Complaint for failure to comply with this Court’s Order, or in the alternative (2) imposing monetary sanctions against both the Plaintiff and her counsel for a reasonable amount based on the lack of engagement, prosecution and continued refusal to comply with the Court’s Order, and for such other relief as this Court may deem appropriate. DATED this 31 day of October, 2023. /s/Daren J. Dorminy DAREN J. DORMINY Florida Bar No. 104983 ddormin morankidd.com Moran Kidd Lyons Johnson, P.A. 111 N. Orange Avenue, Suite 900 Post Office Box 472 Orlando, Florida 32802-0472 Telephone No.: (407) 841-4141 Facsimile No.: (407) 841-4148 Attorneys for Adventist Health and Baron CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 31, 2023, I electronically filed the foregoing with the Clerk of the Courts by using the ECF system which will send a copy to: Lori Kemp-Ostlie, Esq. (Attorneys for Plaintiff), Dan Newlin Injury Attorneys, 7335 W. Sand Lake Road, Suite 300, Orlando, FL 32819 (lori.ostlie@newlinlaw.com: ostlie.pleadings@newlinlaw.com; and patricia.croc@newlinlaw.com) and Vanessa N. Pugh, Esq. (Attorneys for Progressive), The Law Offices of Erick D. Martin, 4030 Crescent Park Dr., Suite 100- A Building/South, Riverview, FL 33578 (NOFLBI@Progressive.com and VPUGH1@Progressive.com). /s/Daren J. Dorminy Daren J. Dorminy Filing # 184290883 E-Filed 10/18/2023 09:17:52 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NO.: 2023-CA-001359 MAI ANAJANSIN ROCHA ARRATIA Individually and as Parent and Natural Guardian of IAN LUCA CERNUDA ROCHA, a Minor, Plaintiffs, Vv. JOSHUA JOHN BARON, ADVENTIST HEALTH SYSTEM SUNBELT, INC. and PROGRESSIVE SELECT INSURANCE CO., Defendants. / EX-PARTE ORDER ON ADVENTIST HEALTH’S, MOTION TO COMPEL DISCOVERY THIS CAUSE having come before the Court upon Defendant, Adventist Health System Sunbelt, Inc.’s (“Adventist Health”) Motion to Compel Discovery, and the Court being otherwise advised in the premises, it is hereby ORDERED and ADJUDGED as follows: 1 Adventist Health’s Motion to Compel is hereby GRANTED. 2 Adventist Health filed its Motion to Compel on August 9, 2023, for responses to Requests for Production and Interrogatories filed on June 23, 2023. 3 1The Plaintiff, Mai Anajansin Rocha Arratia (“Arratia”), shall have ten (10) days from the date of this Order to fully respond without objection to -EXA- Adventist Health’s First Request for Production and First Set of Interrogatories, and provide all available responsive documents. 4 In the event of a failure to comply with this Order, the Court may impose sanctions for noncompliance including those specified in Rule 1.380(b)(2), Fla.R.Civ.P., including, without limitation, costs and attorneys’ fees, striking pleadings and entry of a default against Arratia. DONE and ORDERED on this Wednesday, October 18, 2023. 53 BY UIOE OE OE aay ae C¥ecceee Jessica Recksiedler, Circuit Judge 59-2023-CA-001359 10/18/2023 09:17:46 PM Copies have been furnished via the Florida Courts E-Filing portal to the following: LORI KEMP OSTLIE lori.ostlie@newlinlaw.com ostlic.pleadings@newlinlaw.com leydys.hernandez@newlinlaw.com DAREN J DORMINY ddorminy@morankidd.com liabilityservices@morankidd.com csnyder@morankidd.com MELODY S ELAM NOFLBI@progressive.com melody_s_hope@progressive.com Efilemadeeasy Batch Admin courtservice@efilemadeeasy.com