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. $1\mathrm{.}280($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., jbronson@bronsonlaw.com; itoli@bronsonlaw.com; on this the $\_\_\_$ day of March $2021.$