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   1. spelling, grammar and punctuation
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   4. IN THE CIRCUIT COURT OF THE SIXTH JUDCIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

Case No.: 20-21548-CA

HOMER SIMPSON and

MARGE SIMPSON,

Plaintiffs,

vs.

HAPPY SUMO, INC.,

a Florida Corporation,

Defendant.

_________________________/

PLAINTIFFS' MOTION TO COMPEL DISCOVERY

Plaintiffs', HOMER SIMPSON and MARGE SIMPSON, by and through their undersigned attorney, moves this Court to enter its Order compelling production of the original or a legible copy of the documents hereinafter set forth. In support of this Motion, Platinffs' would show:

1. On November 31, 2020, Plaintiffs's served defendant, HAPPY SUMO, INC., with

Plaintiffs First Request For The Production of Documents To Defendant Happy Sumo, Inc., (hereinafter referred to as Plaintiff's Request for Production) a copy of which is attached to this Motion as Exhibit A.

2. Furthermore, within Plaintiff's Request for Production, the second request states:

"All documents related to employment, including but not limited to application(s) for employment, pay stubs, W-4 forms, and performance records for all employees in the eighteen (18) month period preceding the incident."

3. On December 15, 2020, defendant, HAPPY SUMO, INC., replied to Plaintiff's Request

for Production and provided employment records for November 1, 2021, only.

4. Under Fla. R. Civ. 1.280(b)(2):

"Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence."

5. The request outlined in Plaintiff's Request for Production is within its scope of discovery.6. The defendant's initial response was deficient, and between December 22, 2021, and

January 15, 2021, the parties exchanged correspondence relating to the production required under the Plaintiff's Request for Production, however, the parties did not resolve their differences. A copy of the correspondence between the parties is attached to this Motion as Exhibit B.

7. The deadline set forth in the correspondence has now lapsed and to date, the foregoing

documents have not been provided to Plaintiff's counsel.

WHEREFORE, Plaintiffs's' moves this Court to enter its Order compelling production of the original or legible copies of the above-referenced documents, and for attorney's fees and costs.

I HEREBY CERTIFY that the foregoing has been filed with the Florida Court E-Filing Portal and a true and correct copy has been furnished by Electronic Mail to: JIM BRONSON, ESQ., on this the ___ day of March 2021.

/s/ Jane Justice .

Jane Justice, Esq.

Florida Bar No.: 912457

Attorney for Plaintiffs

Dewie, Cheatum & Howe

2112 Central Avenue, FL 33772

Telephone:

Email:

IN THE CIRCIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

Case No.: 20-21548-CA-15

HOMER SIMPSON and

MARGE SIMPSON,

Plaintiffs,

vs.

HAPPY SUMO, INC.,

a Florida Corporation,

Defendant.

_________________________/

NOTICE OF HEARNG

YOU WILL PLEASE TAKE NOTICE that a hearing on Plaintiff's Motion to Compel will be heard before the Honorable George M. Jirotka, Circuit Judge, Room 42, 315 Street, Clearwater, Florida, on May 15, 2022 at 10:30 a.m.

TIME RESERVED IS 15 MINUTES

PLEASE BE GOVERNED ACCORDINGLY.

I HEREBY CERTIFY that the foregoing has been filed with the Florida Court E-Filing Portal and a true and correct copy has been furnished by Electronic Mail to: JIM BRONSON, ESQ., on this the ___ day of October 2022.

/s/ Jane Justice .

Jane Justice, Esq.

Florida Bar No.: 912457

Attorney for Plaintiffs

Dewie, Cheatum & Howe

2112 Central Avenue, FL 33772

Telephone:

Email:

cc:

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTIES, FLORIDA

HOMER SIMPSON and

MARGE SIMPSON,

Plaintiffs, CASE NO.: 20-21548-CA-15

JUDGE: George Jirotka

vs.

HAPPY SUMO, INC.,

a Florida Corporation,

Defendant.

_________________________/

ORDER GRANTNG PLAINTIFF'S MOTION TO COMPEL DISCOVERY

THIS CAUSE came before the Court for consideration of the Plaintiff's Motion to Compel Plaintiffs First Request For The Production of Documents To Defendant Happy Sumo, Inc., and the Court having reviewed the Motion and having been sufficiently advised in the premises, the Court finds as follows:

ORDERED that the Motion is GRANTED. The Defendant shall comply with the original discovery demand within ten (10) days of the entry of this Order, failing which sanctions may be imposed.

DONE AND ORDERED in Chambers in Clearwater, Pinellas County, Florida, on this

____ day of _______, 2021.

________________________________

The Honorable George M. Jirotka

Circuit Court Judge

Copies Furnished to:

Jane Justice, Esq.

Jim Bronson, Esq.