Document for DIANN MARTIR V. ALEXANDER M ROSEBOROUGH, ET AL

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                                Filing #               E-Filed 09/05/2023 01:48:39 PM



                                                           IN THE CIRCUIT COURT OF THE
                                                           SEVENTH JUDICIAL CIRCUIT IN AND
                                                           FOR VOLUSIA COUNTY

            DIANN MARTIR,                                  CASE NO.: 2023 10373 CIDL

                   Plaintiff,
            vs.

            ALEXANDER M. ROSEBOROUGH
            AND STATE FARM MUTUAL
            AUTOMOBILE INSURANCE
            COMPANY,

                   Defendant(s).


              DEFENDANT, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
                            MOTION FOR DISCOVERY SANCTIONS

                  Defendant,       STATE       FARM       MUTUAL        AUTOMOBILE          INSURANCE

           COMPANYhereby moves this Court for entry of an Order of Sanctions for failure to comply

           with discovery requests and Order of this court compelling same as follows:

                  1.      Defendant filed a Motion to Compel Discovery on July 31, 2023.

                  2.      On August 7, 2023, this court entered an Order, directing Plaintiff to comply

           with Defendant's discovery requests by August 17, 2023.

                  3.      On August 10, 2023, Plaintiff emailed requesting time to respond to

           Defendant's discovery requests until August 25, 2023. Defendant agreed to this extension

           of Time.

                  4.      To date, Plaintiff has willfully failed to comply with this court's Order.

                  5.      As a result of Plaintiff's failure to provide said discovery, Defendant has

           incurred the costs of preparing this motion and such other costs as may be required to

           schedule a hearing on same.
       WHEREFORE, Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE

COMPANY hereby moves this Court for entry of an Order of Sanctions, striking of

Plaintiff's pleadings, awarding to Defendant costs incurred and such other sanctions as

this Court deems just and proper.


                               CERTIFICATE OF SERVICE
        I HEREBY CERTIFY that a true and correct copy of the foregoing was
electronically filed with the Clerk of Court via the Florida Courts E-portal, which will serve
a Notice of Electronic Filing to: LORI KEMP OSTLIE, ESQ., lori.ostlie@newlinlaw.com,
ostlie.pleadings@newlinlaw.com,                                patricia.croc@newlinlaw.com,
laura.brancato@newlinlaw.com on September 5, 2023.

                                                    /s/Brandv D. Rood
                                              BRANDY D. ROOD, ESQUIRE
                                              Florida Bar No.: 109238
                                              Law Offices of Wilkerson & Rood, PA
                                              156 McGregor Road
                                              DeLand, FL 32720
                                              (386) 248-2557
                                              service@wilkandrood.com (Primary)
                                              brandy@wilkandrood.com (Secondary)
                                              Attorney for Defendant (STATE FARM
                                              MUTUAL AUTOMOBILE INSURANCE
                                              COMPANY)