Filing # 104347375 E-Filed 03/04/2020 03:52:04 PM
`
`IN THE CIRCUIT COURT OF THE
`FIFTEENTH JUDICIAL DISTRICT IN AND
`FOR PALM BEACH COUNTY, FLORIDA
`
`CASE NO.: 50 2017 CA 003047 (AG)
`
`LJW ASSOCIATES, LLC, a
`Florida limited liability company,
`
`Plaintiff/Counter-Defendant,
`
`vs.
`
`DARLENE E. COMPAINE and
`JOSEPH R. COMPAINE, individuals,
`
`Defendants/Counter-Plaintiffs.
`______________________ I
`
`DEFENDANT/COUNTER-PLAINTIFF’S MOTION TO COMPEL DOCUMENT
`PRODUCTION AND MOTION FOR PROTECTIVE ORDER
`
`Defendant/Counter-Plaintiff Darlene E. Compaine (“D. Compaine”) hereby moves
`
`this Court for an Order compelling Plaintiff LJW Associates, LLC (“Plaintiff”) to produce
`
`documents and for a protective order as to D. Compaine’s deposition. In support, D.
`
`Compaine states as follows:
`
`1.
`
`Plaintiff seeks to conduct the continuation of D. Compaine’s deposition on
`
`March 31st following the deposition of D. Compaine taken on November 12, 2019. See
`
`NOT A CERTIFIED COPY
`
`Exhibit “A.”
`
`2.
`
`At D. Compaine’s November 12th deposition, however, it became clear that
`
`counsel for Plaintiff was seeking to question D. Compaine regarding documents and/or
`
`photographs which had previously not been produced despite such documents and
`
`photographs being responsive to D. Compaine’s prior discovery requests.
`
`*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 03/04/2020 03:52:04 PM ***
`
`
`
`IN THE CIRCUIT COURT OF THE
`FIFTEENTH JUDICIAL DISTRICT IN AND
`FOR PALM BEACH COUNTY, FLORIDA
`
`CASE NO.: 50 2017 CA 003047 (AG)
`
`LJW ASSOCIATES, LLC, a
`Florida limited liability company,
`
`Plaintiff/Counter-Defendant,
`
`vs.
`
`DARLENE E. COMPAINE and
`JOSEPH R. COMPAINE, individuals,
`
`Defendants/Counter-Plaintiffs.
`______________________ I
`
`DEFENDANT/COUNTER-PLAINTIFF’S MOTION TO COMPEL DOCUMENT
`PRODUCTION AND MOTION FOR PROTECTIVE ORDER
`
`Defendant/Counter-Plaintiff Darlene E. Compaine (“D. Compaine”) hereby moves
`
`this Court for an Order compelling Plaintiff LJW Associates, LLC (“Plaintiff”) to produce
`
`documents and for a protective order as to D. Compaine’s deposition. In support, D.
`
`Compaine states as follows:
`
`1.
`
`Plaintiff seeks to conduct the continuation of D. Compaine’s deposition on
`
`March 31st following the deposition of D. Compaine taken on November 12, 2019. See
`
`NOT A CERTIFIED COPY
`
`Exhibit “A.”
`
`2.
`
`At D. Compaine’s November 12th deposition, however, it became clear that
`
`counsel for Plaintiff was seeking to question D. Compaine regarding documents and/or
`
`photographs which had previously not been produced despite such documents and
`
`photographs being responsive to D. Compaine’s prior discovery requests.
`
`*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 03/04/2020 03:52:04 PM ***
`
`
`
`CASE NO.: 50 2017 CA 003047 (AG)
`
`3.
`
`When confronted regarding these new documents, counsel for Plaintiff
`
`indicated he would re-produce all documents appropriately Bates labeled.
`
`4.
`
`On February 14, 2020, the undersigned inquired as to when Plaintiff would
`
`be producing the documents. Counsel for Plaintiff never responded to the undersigned’s
`
`inquiry.
`
`5.
`
`6.
`
`To date, Plaintiff has utterly failed to produce the documents promised.
`
`Nonetheless, Plaintiff seeks to continue its deposition of D. Compaine and
`
`NOT A CERTIFIED COPY
`
`no doubt will continue to question D. Compaine with documents that have never been
`
`produced and which were responsive to discovery requests served on Plaintiff long ago.
`
`7.
`
`Accordingly, D. Compaine requests that the Court enter an order compelling
`
`Plaintiff to produce the documents appropriately Bates labeled as promised during D.
`
`Compaine’s November 12th deposition. Furthermore, D. Compaine requests that the
`
`Court enter a protective order excusing D. Compaine from having to attend the
`
`continuation of her deposition until such time as Plaintiff has complied with its discovery
`
`obligations.
`
`WHEREFORE, Defendant/Counter-Plaintiff Darlene Compaine respectfully
`
`request that the Court enter an order compelling to Plaintiff to produce documents
`
`appropriately Bates labeled, enter a protective order excusing D. Compaine from
`
`attending the continuation of her deposition until such time as Plaintiff has complied with
`
`its discovery obligations, and any other relief that the Court finds appropriate and proper.
`
`2
`
`
`
`DATE: March 4, 2020
`
`CASE NO.: 50 2017 CA 003047 (AG)
`
`RODRIGUEZ-ALBIZU LAW, P.A.
`Attorney for Defendants/Counter-Plaintiffs
`Darlene E. Compaine & Joseph R.
`Compaine
`759 SW Federal Highway, Suite 203
`Stuart, FL 34994
`Tel: (772)261-5080
`
`By: /s/ Gerardo J. Rodriquez-Albizu
`Gerardo J. Rodriguez-Albizu, Esq.
`Fla. Bar No. 61685
`E-mail: grodriguez@ralawpa.com
`Margaret T. Lai, Esq.
`Fla. Bar No. 74395
`E-mail: mlai@ralawpa.com
`
`
`
`CERTIFICATE OF SERVICE
`
`NOT A CERTIFIED COPY
`
`I HEREBY CERTIFY that a true and correct copy of foregoing was sent via e-mail
`
`on this 4th day of March, 2020, to Gregory Mitchell, Esq. (gmitchell@marshallgrant.com),
`
`Marshall Grant, PLLC, 197 South Federal Highway, Suite 200, Boca Raton, FL 33432.
`
`ZsZ Gerardo J. Rodriguez-Albizu, Esq.
`Gerardo J. Rodriguez-Albizu, Esq.
`
`3
`
`
`
`Exhibit “A”
`
`NOT A CERTIFIED COPY
`
`
`
`Filing# 103104817 E-Filed02/11/2020 11:32:58 AM
`
`IN THE CIRCUIT COURT OF THE 15™
`JUDICIAL CIRCUIT, IN AND FOR PALM
`BEACH COUNTY, FLORIDA
`
`Case No. 50 2017 CA 003047 XXXX MB
`
`LJW ASSOCIATES, LLC,
`
`Plaintiff/Counter-Defendant,
`
`vs.
`
`DARLENE E. COMPAINE and JOSEPH R.
`COMPAINE,
`
`Defendants/Counter-Plaintiffs.
`________________________I
`
`RE-NOTICE OF TAKING DEPOSITION
`
`To: Darlene E. Compaine
`c/o Gerardo J. Rodriguez-Albizu, Esquire
`Rodriguez-Albizu Law, P.A.
`224 Datura Street, Suite 808
`West Palm Beach, FL 33401
`Email: grodriguez@ralawpa.com
`
`Location: Marshall Grant, PLLC
`197 South Federal Highway, Suite 200
`Boca Raton, FL 33432
`
`Court Reporter: Veritext Legal Solutions
`
`NOT A CERTIFIED COPY
`
`PLEASE TAKE NOTICE that the undersigned attorney will take the deposition of Darlene
`
`E. Compaine on March 31, 2020 at 9:00 a.m. at Marshall Grant, PLLC, 197 South Federal
`
`Highway, Suite 200, Boca Raton, FL 33432, upon oral examination(s), before a Notary Public in
`
`and for the State of Florida at Large, or some other officer duly authorized by law to take
`
`depositions. The deposition(s) will continue from day to day until completed. The deposition(s) is/are
`
`being taken for the purposes of discovery, for use at trial, or both of the foregoing, or for such other
`
`purposes as are permitted under the applicable and governing rules.
`
`
`
`LJWAssociates, LLC v. Darlene and Joseph R. Compaine
`Case No. 50 2017 CA 003047 XXXX MB
`Re-Notice of Taking Deposition
`
`(COUNSEL HAS ATTEMPTED TO COORDINATE THIS DEPOSITION WITH COUNSEL
`FOR DEPONENT. DEPONENT WILL BE SERVED THIS NOTICE OF TAKING
`DEPOSITION c/o GERARDO J. RODRIGUEZ-ALBIZU, ESQ. OF RODRIGUEZ-ALBIZU
`LAW, P.A. 224 DATURA STREET, SUITE 808 WEST PALM BEACH, FL 33401).
`
`Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or
`guardian at all times during the taking of testimony notwithstanding the invocation of the rule
`of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of
`a parent or guardian is likely to have a material, negative impact on the credibility or accuracy
`of the minor's testimony, or that the interests of the parent or guardian are in actual or
`potential conflict with the interests of the minor.
`
`If you are a person with a disability who needs any accommodation in order to participate in
`this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please
`contact [identify attorney or party taking the deposition by name, address, and telephone
`number] at least 7 days before your scheduled deposition, or immediately upon receiving this
`notification if the time before the scheduled appearance is less than 7 days; if you are hearing
`or voice impaired, call 711.
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via e-
`
`mail to: Gerardo J. Rodriguez-Albizu, Esquire, Rodriguez-Albizu Law, P.A., 224 Datura
`
`Street, Suite 808, West Palm Beach, FL 33401; grodriguez@ralawpa.com, on this 11th day of
`
`NOT A CERTIFIED COPY
`
`February, 2020.
`
`Respectfully submitted,
`
`MARSHALL GRANT, PLLC
`Counsel for Plaintiff
`197 South Federal Highway, Suite 200
`Boca Raton, FL 33432
`Telephone: 561.361.1000
`Facsimile: 561.672.7581
`Email: gmitchell@marshallgrant.com
`
`By:
`
`/s/ Gregory Mitchell
`GREGORY M. MITCHELL
`Florida Bar No. 100941
`
`2
`
`
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