Preview
Filing # 193770423 E-Filed 03/11/2024 04:54:36 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
ANDRE GIRACE,
Plaintiff,
vs
CASE NO. 2023-CA-797
JACQUELINE ANNE THORNBERRY
and THOMAS JOHN THORNBERRY,
Defendants.
/
MOTION TO EXTEND TIME TO RESPOND TO
PROPOSAL FOR SETTLEMENT
COME NOW The Defendants, JAQUELINE ANNE THORNBERRY and THOMAS
JOHN THORNBERRY, by and through the undersigned attorney, files this Motion to
Extend Time to Respond to Proposal for Settlement (served February 22, 2024), and
states as follows:
1
The Plaintiff served the Defendants with Proposals for Settlement that are
scheduled to expire on or about March 24, 2024. Defendants requests the Court enter
an order enlarging the time period during which Defendants can respond to Plaintiffs
Proposals for Settlement, served on February 22, 2024.
2 There is legal support to expand the time period to respond to a proposal
for settlement. See Goldy v Cordett Cranes Services, Inc, 692 So. 2d 225 (Fla 5th DCA
1997), disapproved of by Koppel v. Ochoa, 243 So. 3d 886 (Fla. 2018) (overruled on
tolling by filing motion for enlargement of time, but noting “[a] plaintiff with a sincere desire
to settle, pursuant to an offer of judgment, is not prejudiced when a court grants an
extension of time for acceptance after a good reason is shown by the offeree.”); Koppel
v. Ochoa, 243 So.3d 886 (Fla. 2018); Fla. R. Civ. P. 1.090(b).
3 Fla. R. Civ. P. 1.090(b) states:
(b) Enlargement. When an act is required or allowed to be done at or within a
specified time by order of court, by these rules, or by notice given thereunder, for
cause shown the court at any time in its discretion (1) with or without notice, may
order the period enlarged if request therefor is made before the expiration of the
period originally prescribed or as extended by a previous order, or (2) upon motion
made and notice after the expiration of the specified period, may permit the act to
be done when failure to act was the result of excusable neglect, but it may not
extend the time for making a motion for new trial, for rehearing, or to alter or amend
a judgment; making a motion for relief from a judgment under rule 1.540(b); taking
an appeal or filing a petition for certiorari; or making a motion fora directed verdict.
4 On February 9, 2024, Undersigned Defendants’ counsel’s office filed a
Motion to Compel Plaintiffs discovery responses. Defendants’ original discovery requests
were filed on July 31, 2023, and a 10-day letter’ was sent to Plaintiff on January 16, 2024.
Plaintiff served responses to the Defendants’ discovery requests only recently - on
February 21, 2024.
5 On February 22, 2024, Plaintiff filed two Proposals For Settlement.
6 Meanwhile, Plaintiff Andre Girace’s deposition is set for March 28, 2024.
The Proposals For Settlement are currently set to expire on March 24, 2024.
7 Further, to show Defendant's counsel has been diligent at discovery,
Defendant served a request for production and interrogatories on July 31, 2023, which
were due on August 30, 2023. Plaintiff did not timely respond. On January 16, 2024,
Defendant's counsel's office sent a good faith letter to Plaintiff's counsel requesting
discovery responses, which were overdue. See ExhibitA. Plaintiff ultimately responded
to discovery but waited until February 21, 2024 (see docket for notice of service), to
provide verified answers to interrogatories to defendant which contained substantial new
information, as well as documents regarding the Plaintiff's medical treatment. Therefore,
Defendant will need additional time to obtain such documents from these providers
disclosed in overdue discovery on the day before the Plaintiff served the Proposal for
Settlement at issue in this Motion.
8 Defendant needs the testimony of Plaintiff upon which to assist in assessing
this case, as well as medical records from providers disclosed in overdue answers to
interrogatories served on the day before the serving the Proposal for Settlement at issue
in this Motion.
9 The Defendant has been placed in a tenuous position and cannot respond
to Plaintiffs Proposal for Settlement. This motion has been granted by sister courts. See
Exhibit B.
WHEREFORE, the Defendants, JAQUELINE ANNE THORNBERRY and
THOMAS JOHN THORNBERRY, respectfully request this Honorable Court to extend the
time to respond to the Plaintiffs Proposal for Settlement until 60 days after Plaintiff's
deposition.
[Certificate of Service follows]
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 11" day of March 2024, | electronically filed the
foregoing with the Clerk of Court using the E-Filing Portal System which will send a
notice of electronic filing to the following:
Frank DiPlacido, Ill, Esq.
Morgan & Morgan
12800 University Drive
Suite 600
Fort Myers, Florida 33907
fdiplacido@forthepeople.com
pneira@forthepeople.com
rrosenbergjordah|@forthepeople.com
Counsel for Plaintiff
Vernis & Bowling of SWFL
Attorneys for Defendants
2369 West First Street
Fort Myers, Florida 33901
Telephone: (239) 334-3035
Facsimile: (239) 334-7702
Primary e-mail address: WKratochvil@florida-law.com
YGonzalez@florida-law.com
By: /s/ William O. Kratochvil
WILLIAM O. KRATOCHVIL, ESQ.
FBN: 0343640
VERNIS & BOWLING
ATTORNEYS AT LAW » EST. 1970
2369 West First Street Fort Myers, Florida 33901 « Telephone: 239-334-3035 « Facsimile: 239-334-7702
January 16, 20234
Sent via electronic mail only
fdiplacido@forthepeople.com
Frank DiPlacido, III, Esq.
Morgan & Morgan
12800 University Drive
Suite 600
Fort Myers, Florida 33907
Re: Andre Girace v. Jacqueline Anne Thornberry and
Thomas John Thornberry
Case No. 2023-CA-797
Dear Mr. DiPlacido, III:
As you are aware, Defendant's Request to Produce Directed to Plaintiff and
Defendant's Interrogatories were propounded to the Plaintiff on July 31, 2023. As of
today’s date, we have not received responses to said discovery which does not
represent a good faith effort to provide discovery.
Please provide this office with responses to all discovery requests within the next
10 days. Obviously, we would like to resolve this issue quickly so that we do not need to
present it to the Court for resolution.
Thank you for your cooperation in this matter and should you have any questions
regarding the above, please do not hesitate to contact the undersigned.
‘el ty yours,
O. Kratochvil
For the Firm
WOKilak EXHIBIT
"A"
DELAND, FL JACKSONVILLE, FL PENSACOLA, FL. TLANTA, GA.
Fort MYERS, FL MELBOURNE, FL ‘St. PETERSBURG, FL. {ULFPORT, MS
HoL.ywoop, FL Miami, FL ‘TAMPA, FL ‘Lowoop, MS
ISLAMORADA, FL. NoRTH PALM BEACH, FL BIRMINGHAM, AL RLOTTE, NC
Mosite, AL ILUMBIA, SC
www.NATIONAL-LAW.COM
IN THE CIRCUIT COURT, OF THE
SEVENTH JUDICIAL CIRCUIT, IN AND
FOR VOLUSIA COUNTY, FLORIDA
CASE NO: 2019-31787-CICI
DIVISION: 32
Diana Bryant, ge
no
Plaintiff,
vs,
State Farm Insurance Company,
Defendant.
a
oi on
ORDER GRANTING DEFENDANT’S MOTION TO EXTEND TIME TO RESPOND TO
PROPOSAL FOR SETTLEMENT
THIS SaUSe having come on before the Court upon the foregoing Motion to Extend
Time to Respond to Proposal for Settlement, and the Court having considered same and being
otherwise fully advised in the premises, it is hereupon
ORDERED AND ADJUDGED as follows:
1 Defendant’s Motion is Granted,
2 The Defendant shall have until fh ‘1 LI j 2 010
to respond to Plaintiff's Proposal for Settlement.
DONE AND ORDERED in Chambers at 125 E. Orange Avenue, Daytona Beach,
FL 32114, Volusia County, this 4 day of March, 2020.
[TT A=
EXHIBIT
Michael S. Orfinger
Circuit Court Judge
| Keith C. Warnock, Lourdes Calvo-Paquette Esq.
Keith C, Warnock, P.A. Mimi 1, Smith & Assotiates
435 §. Ridgewood Avenue 250 S. Orange Avenue,| Suite 600 "B"
Daytona Beach, FL 32114 Orlando, FL 328-1
Filing # 108787503 E-Filed 06/12/2020 12:08:09 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT. IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO: 2020-CA-001463-O
DIVISION: 39
WAR TAGERMANO.
Plaintiff,
VS.
WILLIAM GULLEY AND DEBRA
GULLEY
Defendants
/
ORDER GRANTING DEFEDNANT’S MOTION FOR EXTENSION OF TIME TO.
CONSIDER PLAINTIFF’S PROPOSAL FOR SETTLEMENT.
THIS CAUSE having come on before the Court upon the foregoing Defendants’ Motion
for Extension of Time to Consider Plaintiff's Proposal for Settlement, and the Court having
considered same and being otherwise fully advised in the premises, it is hereupon
ORDERED AND ADJUDGED as follows
1 Defendants’ Motion for Extension of Time to Consider Plaintiff's Proposal for
Settlement is hereby GRANTED.
2 The deadline to accept Plaintiff's Proposal for Settlement is extended until seven
(7 days) after the date of completion of the plaintiffs initial deposition DONE AND
ORDERED in Chambers i 425 N. Orange Avenue, Orlando, FL 32801, on County,
Florida, this ll day of
Seek Chad K. Alva
Circuit Court
be
IT IS HEREBY CERTIFIED that a copy of the foregoing has been furnished by U.S
Mail Delivery, this [2 day of Vent. no to all counsel or parties listed
below.
Conformed and maiteu bi
Civil Conformer
WUN-+-2-2020
Jared M. Wise, Esq.
Morgan & Morgan, P.A.
20 N. Orange Avenue, 9th Floor
Orlando, FL 32802
Aboubakr Maaroufi Esq.
Mimi L. Smith & Associates
390 N. Orange Avenue, Suite 1700
Orlando, FL 32801
Attorney for Defendants, Gulley and Gulley
Filing # 112653750 E-Filed 08/31/2020 04:02:29 PM
IN THE CIRCUIT COURT, OF THE
EIGHTEENTH JUDICIAL CIRCUIT, IN
AND FOR SEMINOLE COUNTY,
FLORIDA
CASE NO: 2020-CA-000116
SEAN HUNTER, individually, and
LORI HUNTER, as parent and natural
guardian of KATELYNN
TILLOTSON, a minor,
Plaintiffs,
vs.
JAMES PARIS,
Defendant.
/
ORDER ON DEFENDANT’S MOTION FOR EXTENSION OF TIME TO RESPOND TO
PLAINTIFFS’ PROPOSALS FOR SETTLEMENT
THIS CAUSE having come on before the Court upon Defendant’s Motion for Extension
of Time to Respond to Plaintiffs’ Proposals for Settlement, and the Court having considered
same and being otherwise fully advised in the premises, it is hereby ordered and adjudged as
follows:
1 Defendant’s Motion for Extension of Time to Respond to Plaintiffs’ Proposals for
Settlement is GRANTED.
The deadline to accept Plaintiffs’ Proposals for Settlement is extended until twenty
(20) days after the date of completion of the Plaintiffs’ depositions.
DONE AND ORDERED in Chambers in 301 N. Park Avenue, Sanford, FL 32771,
Seminole County, Florida, on Monday, August 31, 2020
GLieececte
Jessica Recksiedler, Circuit Judge
59-2020-CA-000116 08/31/2020 01:57:47 PM
IT IS HEREBY CERTIFIED that a copy of the foregoing has been furnished via filing
with the Florida Courts E-Filing Portal on Monday, August 31, 2020.
B00
oy S000 ALSO se AOAONO ORO A
YU
Vanessa Lau, Judicial Assistani
59-2020-CA-000116 08/31/2020 04:02:09 PM
SCOTT JERRY LIOTTA
liotta._pleadings@newlinlaw.com
melissa.rookwood@newlinlaw.com
michelle.ramos@newlinlaw.com
NICOLE A ALLEN
flor.law-mlslaw.172019@statefarm.com
Scott J. Liotta, Esq.
Dan Newlin & Partners
7335 W. Sand Lake Road, Suite 300
Orlando, FL 32819
Nicole Allen Esq.
Mimi L. Smith & Associates
390 N. Orange Avenue, Suite 1700
Orlando, FL 32801
Attorney for Defendant, Paris
IN THE CIRCUIT COURT, OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2019-CA-003460
SAVANAH MARIE RIPLEY,
Plaintiff,
VS.
JOHN R. QUICK AND
MIRIAM ACOSTA,
Defendant
/
ORDER GRANTING DEFENDANT’S MOTION TO EXTEND TIME TO RESPOND TO
PROPOSAL FOR SETTLEMENT
THIS CAUSE having come on before the Court upon the foregoing Motion to Extend
Time to Respond to Proposal for Settlement, and the Court having considered same and being
otherwise fully advised in the premises, it is hereupon
ORDERED AND ADJUDGED as follows
1 The Defendant shall have until March 31, 2020, to respond to Plaintiff's Proposal
for Settlement, with Certificate of Service date February 3, 2020.DONE AND ORDERED in
Original fkigned. by
Chambers in 2 Courthouse Square, Kissimmee, FL 34741, Osceola, (putty, cede
Circuit Court Judge
day of 2020.
MAR 94.2020
And conformed copies were
Margaret H. Schreiber Msmed by Iuctctar Assiste
Circuit Court Judge
IT IS HEREBY CERTIFIED that a copy of the foregoing has been furnished by U.S
day of
r
Mail Delivery, this 2020, 8 aJl coun; or parties listed
below rigina igne
MANY 4-262
Judicial Assistant
Bartley G. Vickers, Esq.
Adriana Pfeiffer, Esq.
Cole, Scott & Kissane, P.A.
1900 Summit Tower Boulevard
Suite 400
Orlando, FL 32810
Daniel S. Benchimol, Esq.
Morgan & Morgan, P.A.
198 Broadway
Kissimmee, FL 34741
Lourdes Calvo-Paquette Esq.
Mimi L. Smith & Associates
250 S. Orange Avenue, Suite 600
Orlando, FL 32801
Attorney for Defendant, Acosta
Filing # 109916982 E-Filed 07/08/2020 09:05:55 AM
IN THE CIRCUIT COURT, OF THE
NINTH JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO: 48-2020-CA-001915-O
DIVISION: 40
NATHALY RODRIGUEZ,
Plaintiff,
vs.
MARYCARMEN MARTINEZ,
Defendant.
/
ORDER ON DEFENDANT’S MOTION TO EXTEND TIME TO RESPOND TO
PROPOSAL
THIS CAUSE having come on before the Court upon the foregoing Defendant’s Motion
to Extend Time to Respond to Proposal for Settlement, and the Court having considered same and
being otherwise fully advised in the premises, it is hereupon
ORDERED AND ADJUDGED as follows:
1 Defendant’s Motion to Extend Time to Respond to Proposal for Settlement is
hereby GRANTED in part.
2 Defendant shall have until and including fourteen (14) days after Plaintiff's
deposition to respond to Plaintiff's Proposal for Settlement.
DONE AND ORDERED in Chambers in 425 N. Orange Avenue, Orlando, FL 32801,
Orange County, Florida, this 8 day of July, 2020.
‘Signed by Lisa T. Monee enh erees prdlXDP
Lisa T. Munyon
Circuit Court Judge
IT IS HEREBY CERTIFIED that a copy of the foregoing has been furnished by electronic
service through the e-Portal this 8th day of July,2020, to all counsel or parties listed below.
Brian S. Sandor, Esq.
Morgan & Morgan, P.A.
20 N. Orange Avenue, Suite 1600
Orlando, FL 32801
Christopher L. Dean Esq.
Mimi L. Smith & Associates
390 N. Orange Avenue, Suite 1700
Orlando, FL 32801
Attomey for Defendant, Martinez
Judge Lisa T. Munyon
Filing # 107657965 E-Filed 05/19/2020 10:07:46 AM
IN THE CIRCUIT COURT, OF THE
EIGHTEENTH JUDICIAL CIRCUIT, IN
AND FOR BREVARD COUNTY,
FLORIDA
CASE NO: 05-2019-CA-034168
SHYANNE ROSE,
Plaintiff,
vs.
JEFFREY JORDAN,
Defendant.
/
ORDER GRANTING DEFENDANT’S MOTION FOR EXTENSION OF TIME TO
RESPOND TO PROPOSAL FOR SETTLEMENT
THIS CAUSE having come before the Court on May 11, 2020 in connection with
Defendant’s Motion for Extension of Time to Respond to Proposal of Settlement, said motion
dated May 05, 2020 and the Court having considered same and being otherwise fully advised in
the premises, it is hereupon
ORDERED AND ADJUDGED as follows:
1 That Defendant’s Motion for Extension of Time to Respond to Proposal of Settlement
is granted.
2. That Defendant shall have 90 days from the date of this order to respond to Plaintiff's
Proposal for Settlement, said Proposal dated April 20, 2020
DONE AND ORDERED in Chambers in Viera, Brevard C. > Florida, this TZ cay
of YW “7 HX O
George B. Turner
Circuit Court Judge
IT IS HEREBY CERTIFIED that a copy of the foregoing has been furnished by U.S. Mail
Delivery, this 4 day or_Mos ; ana. to all counsel o parties listed below.
Judicial Assistant
Ryan McCarville, Esq.
Morgan & Morgan, P.A.
940 S Harbor City Blvd
Melbourne, FL 32901
Craig L. Brams Esq.
Mimi L. Smith & Associates
390 N. Orange Avenue, Suite 1700
Orlando, FL 32801
Attorney for Defendant, Jordan
IN THE CIRCUIT COURT, OF THE
TENTH JUDICIAL CIRCUIT, IN AND
FOR POLK COUNTY, FLORIDA
CASE NO: 2019CA001725
OTIS SERIGHT,
Plaintiff,
vs.
GLEN JERRELL PETERSON,
PLATH ENTERPRISES, INC, d/b/a L-3
ENTERPRISES. MARY HAZELWOOD and
ELSA NELSON,
Defendants
/
ORDER ON DEFENDANT’S MOTION TO EXTEND TIME TO RESPOND TO
PROPOSAL FOR SETTLEMENT
THIS CAUSE having come on before the Court upon the foregoing Motion to Extend
Time to Respond to Proposal for Settlement, and the Court having considered same and being
otherwise fully advised in the premises, it is hereupon
ORDERED AND ADJUDGED as follows:
1 Defendant’s Motion to Extend Time to Respond to Proposal for Settlement is
hereby GRANTED.
2 The Defendant, Elsa Nelson shall have ten (10) days after the completion of
Plaintiff, Otis Seright’s deposition to evaluate and respond to Plaintiff's Proposal for
Settlement. DONE AND ORDERED in Chambers in P-O-Bex-9000,Drawer-CC-2- Bartow,
FL 33831, Polk County, Florida, this day of
DEC 2 3.29
/s/ Gerald P. Hill IT
Gerald Hill
Circuit Court Judge
Anthony Merendino, Esq.
Laurette A. Balinsky, Esq.
Luks, Santaniello, Petrillo & Jones
255 S. Orange Ave
Suite 750
Orlando, FL 32801
Alexandra M. De Maio, Esq.
Law Office of Glenn G. Gomer
4350 W. Cypress Street
Meridian One, Suite 900
Tampa, FL 33607
A. Crosby Crane, Esq.
Morgan & Morgan, P.A.
201 N Franklin Street
Suite 700
Tampa, FL 33602
Lourdes Calvo-Paquette Esq.
Mimi L. Smith & Associates
250 S. Orange Avenue, Suite 600
Orlando, FL 32801
Attorney for Defendant, Nelson
Preview
Filing # 193770423 E-Filed 03/11/2024 04:54:36 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION ANDRE GIRACE, Plaintiff, vs CASE NO. 2023-CA-797 JACQUELINE ANNE THORNBERRY and THOMAS JOHN THORNBERRY, Defendants. / MOTION TO EXTEND TIME TO RESPOND TO PROPOSAL FOR SETTLEMENT COME NOW The Defendants, JAQUELINE ANNE THORNBERRY and THOMAS JOHN THORNBERRY, by and through the undersigned attorney, files this Motion to Extend Time to Respond to Proposal for Settlement (served February 22, 2024), and states as follows: 1 The Plaintiff served the Defendants with Proposals for Settlement that are scheduled to expire on or about March 24, 2024. Defendants requests the Court enter an order enlarging the time period during which Defendants can respond to Plaintiffs Proposals for Settlement, served on February 22, 2024. 2 There is legal support to expand the time period to respond to a proposal for settlement. See Goldy v Cordett Cranes Services, Inc, 692 So. 2d 225 (Fla 5th DCA 1997), disapproved of by Koppel v. Ochoa, 243 So. 3d 886 (Fla. 2018) (overruled on tolling by filing motion for enlargement of time, but noting “[a] plaintiff with a sincere desire to settle, pursuant to an offer of judgment, is not prejudiced when a court grants an extension of time for acceptance after a good reason is shown by the offeree.”); Koppel v. Ochoa, 243 So.3d 886 (Fla. 2018); Fla. R. Civ. P. 1.090(b). 3 Fla. R. Civ. P. 1.090(b) states: (b) Enlargement. When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect, but it may not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion for relief from a judgment under rule 1.540(b); taking an appeal or filing a petition for certiorari; or making a motion fora directed verdict. 4 On February 9, 2024, Undersigned Defendants’ counsel’s office filed a Motion to Compel Plaintiffs discovery responses. Defendants’ original discovery requests were filed on July 31, 2023, and a 10-day letter’ was sent to Plaintiff on January 16, 2024. Plaintiff served responses to the Defendants’ discovery requests only recently - on February 21, 2024. 5 On February 22, 2024, Plaintiff filed two Proposals For Settlement. 6 Meanwhile, Plaintiff Andre Girace’s deposition is set for March 28, 2024. The Proposals For Settlement are currently set to expire on March 24, 2024. 7 Further, to show Defendant's counsel has been diligent at discovery, Defendant served a request for production and interrogatories on July 31, 2023, which were due on August 30, 2023. Plaintiff did not timely respond. On January 16, 2024, Defendant's counsel's office sent a good faith letter to Plaintiff's counsel requesting discovery responses, which were overdue. See ExhibitA. Plaintiff ultimately responded to discovery but waited until February 21, 2024 (see docket for notice of service), to provide verified answers to interrogatories to defendant which contained substantial new information, as well as documents regarding the Plaintiff's medical treatment. Therefore, Defendant will need additional time to obtain such documents from these providers disclosed in overdue discovery on the day before the Plaintiff served the Proposal for Settlement at issue in this Motion. 8 Defendant needs the testimony of Plaintiff upon which to assist in assessing this case, as well as medical records from providers disclosed in overdue answers to interrogatories served on the day before the serving the Proposal for Settlement at issue in this Motion. 9 The Defendant has been placed in a tenuous position and cannot respond to Plaintiffs Proposal for Settlement. This motion has been granted by sister courts. See Exhibit B. WHEREFORE, the Defendants, JAQUELINE ANNE THORNBERRY and THOMAS JOHN THORNBERRY, respectfully request this Honorable Court to extend the time to respond to the Plaintiffs Proposal for Settlement until 60 days after Plaintiff's deposition. [Certificate of Service follows] CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 11" day of March 2024, | electronically filed the foregoing with the Clerk of Court using the E-Filing Portal System which will send a notice of electronic filing to the following: Frank DiPlacido, Ill, Esq. Morgan & Morgan 12800 University Drive Suite 600 Fort Myers, Florida 33907 fdiplacido@forthepeople.com pneira@forthepeople.com rrosenbergjordah|@forthepeople.com Counsel for Plaintiff Vernis & Bowling of SWFL Attorneys for Defendants 2369 West First Street Fort Myers, Florida 33901 Telephone: (239) 334-3035 Facsimile: (239) 334-7702 Primary e-mail address: WKratochvil@florida-law.com YGonzalez@florida-law.com By: /s/ William O. Kratochvil WILLIAM O. KRATOCHVIL, ESQ. FBN: 0343640 VERNIS & BOWLING ATTORNEYS AT LAW » EST. 1970 2369 West First Street Fort Myers, Florida 33901 « Telephone: 239-334-3035 « Facsimile: 239-334-7702 January 16, 20234 Sent via electronic mail only fdiplacido@forthepeople.com Frank DiPlacido, III, Esq. Morgan & Morgan 12800 University Drive Suite 600 Fort Myers, Florida 33907 Re: Andre Girace v. Jacqueline Anne Thornberry and Thomas John Thornberry Case No. 2023-CA-797 Dear Mr. DiPlacido, III: As you are aware, Defendant's Request to Produce Directed to Plaintiff and Defendant's Interrogatories were propounded to the Plaintiff on July 31, 2023. As of today’s date, we have not received responses to said discovery which does not represent a good faith effort to provide discovery. Please provide this office with responses to all discovery requests within the next 10 days. Obviously, we would like to resolve this issue quickly so that we do not need to present it to the Court for resolution. Thank you for your cooperation in this matter and should you have any questions regarding the above, please do not hesitate to contact the undersigned. ‘el ty yours, O. Kratochvil For the Firm WOKilak EXHIBIT "A" DELAND, FL JACKSONVILLE, FL PENSACOLA, FL. TLANTA, GA. Fort MYERS, FL MELBOURNE, FL ‘St. PETERSBURG, FL. {ULFPORT, MS HoL.ywoop, FL Miami, FL ‘TAMPA, FL ‘Lowoop, MS ISLAMORADA, FL. NoRTH PALM BEACH, FL BIRMINGHAM, AL RLOTTE, NC Mosite, AL ILUMBIA, SC www.NATIONAL-LAW.COM IN THE CIRCUIT COURT, OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CASE NO: 2019-31787-CICI DIVISION: 32 Diana Bryant, ge no Plaintiff, vs, State Farm Insurance Company, Defendant. a oi on ORDER GRANTING DEFENDANT’S MOTION TO EXTEND TIME TO RESPOND TO PROPOSAL FOR SETTLEMENT THIS SaUSe having come on before the Court upon the foregoing Motion to Extend Time to Respond to Proposal for Settlement, and the Court having considered same and being otherwise fully advised in the premises, it is hereupon ORDERED AND ADJUDGED as follows: 1 Defendant’s Motion is Granted, 2 The Defendant shall have until fh ‘1 LI j 2 010 to respond to Plaintiff's Proposal for Settlement. DONE AND ORDERED in Chambers at 125 E. Orange Avenue, Daytona Beach, FL 32114, Volusia County, this 4 day of March, 2020. [TT A= EXHIBIT Michael S. Orfinger Circuit Court Judge | Keith C. Warnock, Lourdes Calvo-Paquette Esq. Keith C, Warnock, P.A. Mimi 1, Smith & Assotiates 435 §. Ridgewood Avenue 250 S. Orange Avenue,| Suite 600 "B" Daytona Beach, FL 32114 Orlando, FL 328-1 Filing # 108787503 E-Filed 06/12/2020 12:08:09 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT. IN AND FOR ORANGE COUNTY, FLORIDA CASE NO: 2020-CA-001463-O DIVISION: 39 WAR TAGERMANO. Plaintiff, VS. WILLIAM GULLEY AND DEBRA GULLEY Defendants / ORDER GRANTING DEFEDNANT’S MOTION FOR EXTENSION OF TIME TO. CONSIDER PLAINTIFF’S PROPOSAL FOR SETTLEMENT. THIS CAUSE having come on before the Court upon the foregoing Defendants’ Motion for Extension of Time to Consider Plaintiff's Proposal for Settlement, and the Court having considered same and being otherwise fully advised in the premises, it is hereupon ORDERED AND ADJUDGED as follows 1 Defendants’ Motion for Extension of Time to Consider Plaintiff's Proposal for Settlement is hereby GRANTED. 2 The deadline to accept Plaintiff's Proposal for Settlement is extended until seven (7 days) after the date of completion of the plaintiffs initial deposition DONE AND ORDERED in Chambers i 425 N. Orange Avenue, Orlando, FL 32801, on County, Florida, this ll day of Seek Chad K. Alva Circuit Court be IT IS HEREBY CERTIFIED that a copy of the foregoing has been furnished by U.S Mail Delivery, this [2 day of Vent. no to all counsel or parties listed below. Conformed and maiteu bi Civil Conformer WUN-+-2-2020 Jared M. Wise, Esq. Morgan & Morgan, P.A. 20 N. Orange Avenue, 9th Floor Orlando, FL 32802 Aboubakr Maaroufi Esq. Mimi L. Smith & Associates 390 N. Orange Avenue, Suite 1700 Orlando, FL 32801 Attorney for Defendants, Gulley and Gulley Filing # 112653750 E-Filed 08/31/2020 04:02:29 PM IN THE CIRCUIT COURT, OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NO: 2020-CA-000116 SEAN HUNTER, individually, and LORI HUNTER, as parent and natural guardian of KATELYNN TILLOTSON, a minor, Plaintiffs, vs. JAMES PARIS, Defendant. / ORDER ON DEFENDANT’S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS’ PROPOSALS FOR SETTLEMENT THIS CAUSE having come on before the Court upon Defendant’s Motion for Extension of Time to Respond to Plaintiffs’ Proposals for Settlement, and the Court having considered same and being otherwise fully advised in the premises, it is hereby ordered and adjudged as follows: 1 Defendant’s Motion for Extension of Time to Respond to Plaintiffs’ Proposals for Settlement is GRANTED. The deadline to accept Plaintiffs’ Proposals for Settlement is extended until twenty (20) days after the date of completion of the Plaintiffs’ depositions. DONE AND ORDERED in Chambers in 301 N. Park Avenue, Sanford, FL 32771, Seminole County, Florida, on Monday, August 31, 2020 GLieececte Jessica Recksiedler, Circuit Judge 59-2020-CA-000116 08/31/2020 01:57:47 PM IT IS HEREBY CERTIFIED that a copy of the foregoing has been furnished via filing with the Florida Courts E-Filing Portal on Monday, August 31, 2020. B00 oy S000 ALSO se AOAONO ORO A YU Vanessa Lau, Judicial Assistani 59-2020-CA-000116 08/31/2020 04:02:09 PM SCOTT JERRY LIOTTA liotta._pleadings@newlinlaw.com melissa.rookwood@newlinlaw.com michelle.ramos@newlinlaw.com NICOLE A ALLEN flor.law-mlslaw.172019@statefarm.com Scott J. Liotta, Esq. Dan Newlin & Partners 7335 W. Sand Lake Road, Suite 300 Orlando, FL 32819 Nicole Allen Esq. Mimi L. Smith & Associates 390 N. Orange Avenue, Suite 1700 Orlando, FL 32801 Attorney for Defendant, Paris IN THE CIRCUIT COURT, OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2019-CA-003460 SAVANAH MARIE RIPLEY, Plaintiff, VS. JOHN R. QUICK AND MIRIAM ACOSTA, Defendant / ORDER GRANTING DEFENDANT’S MOTION TO EXTEND TIME TO RESPOND TO PROPOSAL FOR SETTLEMENT THIS CAUSE having come on before the Court upon the foregoing Motion to Extend Time to Respond to Proposal for Settlement, and the Court having considered same and being otherwise fully advised in the premises, it is hereupon ORDERED AND ADJUDGED as follows 1 The Defendant shall have until March 31, 2020, to respond to Plaintiff's Proposal for Settlement, with Certificate of Service date February 3, 2020.DONE AND ORDERED in Original fkigned. by Chambers in 2 Courthouse Square, Kissimmee, FL 34741, Osceola, (putty, cede Circuit Court Judge day of 2020. MAR 94.2020 And conformed copies were Margaret H. Schreiber Msmed by Iuctctar Assiste Circuit Court Judge IT IS HEREBY CERTIFIED that a copy of the foregoing has been furnished by U.S day of r Mail Delivery, this 2020, 8 aJl coun; or parties listed below rigina igne MANY 4-262 Judicial Assistant Bartley G. Vickers, Esq. Adriana Pfeiffer, Esq. Cole, Scott & Kissane, P.A. 1900 Summit Tower Boulevard Suite 400 Orlando, FL 32810 Daniel S. Benchimol, Esq. Morgan & Morgan, P.A. 198 Broadway Kissimmee, FL 34741 Lourdes Calvo-Paquette Esq. Mimi L. Smith & Associates 250 S. Orange Avenue, Suite 600 Orlando, FL 32801 Attorney for Defendant, Acosta Filing # 109916982 E-Filed 07/08/2020 09:05:55 AM IN THE CIRCUIT COURT, OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO: 48-2020-CA-001915-O DIVISION: 40 NATHALY RODRIGUEZ, Plaintiff, vs. MARYCARMEN MARTINEZ, Defendant. / ORDER ON DEFENDANT’S MOTION TO EXTEND TIME TO RESPOND TO PROPOSAL THIS CAUSE having come on before the Court upon the foregoing Defendant’s Motion to Extend Time to Respond to Proposal for Settlement, and the Court having considered same and being otherwise fully advised in the premises, it is hereupon ORDERED AND ADJUDGED as follows: 1 Defendant’s Motion to Extend Time to Respond to Proposal for Settlement is hereby GRANTED in part. 2 Defendant shall have until and including fourteen (14) days after Plaintiff's deposition to respond to Plaintiff's Proposal for Settlement. DONE AND ORDERED in Chambers in 425 N. Orange Avenue, Orlando, FL 32801, Orange County, Florida, this 8 day of July, 2020. ‘Signed by Lisa T. Monee enh erees prdlXDP Lisa T. Munyon Circuit Court Judge IT IS HEREBY CERTIFIED that a copy of the foregoing has been furnished by electronic service through the e-Portal this 8th day of July,2020, to all counsel or parties listed below. Brian S. Sandor, Esq. Morgan & Morgan, P.A. 20 N. Orange Avenue, Suite 1600 Orlando, FL 32801 Christopher L. Dean Esq. Mimi L. Smith & Associates 390 N. Orange Avenue, Suite 1700 Orlando, FL 32801 Attomey for Defendant, Martinez Judge Lisa T. Munyon Filing # 107657965 E-Filed 05/19/2020 10:07:46 AM IN THE CIRCUIT COURT, OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR BREVARD COUNTY, FLORIDA CASE NO: 05-2019-CA-034168 SHYANNE ROSE, Plaintiff, vs. JEFFREY JORDAN, Defendant. / ORDER GRANTING DEFENDANT’S MOTION FOR EXTENSION OF TIME TO RESPOND TO PROPOSAL FOR SETTLEMENT THIS CAUSE having come before the Court on May 11, 2020 in connection with Defendant’s Motion for Extension of Time to Respond to Proposal of Settlement, said motion dated May 05, 2020 and the Court having considered same and being otherwise fully advised in the premises, it is hereupon ORDERED AND ADJUDGED as follows: 1 That Defendant’s Motion for Extension of Time to Respond to Proposal of Settlement is granted. 2. That Defendant shall have 90 days from the date of this order to respond to Plaintiff's Proposal for Settlement, said Proposal dated April 20, 2020 DONE AND ORDERED in Chambers in Viera, Brevard C. > Florida, this TZ cay of YW “7 HX O George B. Turner Circuit Court Judge IT IS HEREBY CERTIFIED that a copy of the foregoing has been furnished by U.S. Mail Delivery, this 4 day or_Mos ; ana. to all counsel o parties listed below. Judicial Assistant Ryan McCarville, Esq. Morgan & Morgan, P.A. 940 S Harbor City Blvd Melbourne, FL 32901 Craig L. Brams Esq. Mimi L. Smith & Associates 390 N. Orange Avenue, Suite 1700 Orlando, FL 32801 Attorney for Defendant, Jordan IN THE CIRCUIT COURT, OF THE TENTH JUDICIAL CIRCUIT, IN AND FOR POLK COUNTY, FLORIDA CASE NO: 2019CA001725 OTIS SERIGHT, Plaintiff, vs. GLEN JERRELL PETERSON, PLATH ENTERPRISES, INC, d/b/a L-3 ENTERPRISES. MARY HAZELWOOD and ELSA NELSON, Defendants / ORDER ON DEFENDANT’S MOTION TO EXTEND TIME TO RESPOND TO PROPOSAL FOR SETTLEMENT THIS CAUSE having come on before the Court upon the foregoing Motion to Extend Time to Respond to Proposal for Settlement, and the Court having considered same and being otherwise fully advised in the premises, it is hereupon ORDERED AND ADJUDGED as follows: 1 Defendant’s Motion to Extend Time to Respond to Proposal for Settlement is hereby GRANTED. 2 The Defendant, Elsa Nelson shall have ten (10) days after the completion of Plaintiff, Otis Seright’s deposition to evaluate and respond to Plaintiff's Proposal for Settlement. DONE AND ORDERED in Chambers in P-O-Bex-9000,Drawer-CC-2- Bartow, FL 33831, Polk County, Florida, this day of DEC 2 3.29 /s/ Gerald P. Hill IT Gerald Hill Circuit Court Judge Anthony Merendino, Esq. Laurette A. Balinsky, Esq. Luks, Santaniello, Petrillo & Jones 255 S. Orange Ave Suite 750 Orlando, FL 32801 Alexandra M. De Maio, Esq. Law Office of Glenn G. Gomer 4350 W. Cypress Street Meridian One, Suite 900 Tampa, FL 33607 A. Crosby Crane, Esq. Morgan & Morgan, P.A. 201 N Franklin Street Suite 700 Tampa, FL 33602 Lourdes Calvo-Paquette Esq. Mimi L. Smith & Associates 250 S. Orange Avenue, Suite 600 Orlando, FL 32801 Attorney for Defendant, Nelson