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Filing # 156417987 E-Filed 08/30/2022 02:13:15 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA
XIAO SHENG YUE,
Plaintiff,
CASE NO.: 2020-CA-1106AN
v.
CYNTHIA M. FOERSTER AND
CHAPP, INC.,
Defendants.
______________________________/
DEFENDANTS’ MOTION TO COMPEL DISCOVERY
COMES NOW, the Defendants, CYNTHIA M. FOERSTER and CHAPP, INC.,
(“DEFENDANTS”), by and through undersigned counsel and pursuant to the Florida Rules of
Civil Procedure, hereby files this Motion to Compel Discovery served upon Plaintiff, XIAO
SHENG YUE (“PLAINTIFF”), and states:
1. On February 17, 2022, the Defendants served upon Plaintiff Updated
Interrogatories and Update Request for Production of Documents (attached hereto as Composite
Exhibit “A”).
2. Pursuant to Fla.R.Civ.P. 1.340, et seq., the Plaintiff’s Answers to the Update
Interrogatories and responses to Update Request for Production were due on March 19, 2022.
2. In a good faith effort, Counsel for the Defendants sent via-email to Plaintiff,
correspondence giving ten (10) days for Plaintiff to provide Answers to Interrogatories and
responses to Request for Production (Exhibit B).
3. To date, Plaintiff has failed to respond or object to said interrogatories and request
for production.
WHEREFORE, the Defendants, CYNTHIA M. FOERSTER and CHAPP, INC.,
respectfully move this Court to enter an order compelling the Plaintiff, XIAO SHENG YUE, to
answer Defendant’s Update Interrogatories and provide responses to Update Request for
Production within ten (10) days of the date of the Court’s Order and any other further relief as is
just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on this 30th day of August, 2022, I electronically filed the
foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in
compliance with Rule 2.516, Florida Rules of Judicial Administration, which completes service
by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record.
LAW OFFICES OF SANTEIRO & GARRISON
/s/ Jorge Santeiro, Jr.
Jorge Santeiro, Jr.
FBN 66230
6300 University Parkway
Suite 101
Sarasota, FL 34240
Tel: (800) 226-3224 Ext. 1021
Primary: jsanteiro@fcci-group.com
Secondary: ssmith5@fcci-group.com
Secondary: legalservice@fcci-group.com
Attorney for Defendants
Filing # 144151720 E-Filed 02/17/2022 04:26:57 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA
XIAO SHENG YUE,
Plaintiff,
CASE NO.: 2020-CA-1106AN
v.
CYNTHIA M. FOERSTER AND
CHAPP, INC.,
Defendants.
______________________________/
DEFENDANTS, CYNTHIA M. FOERSTER AND CHAPP, INC.’S NOTICE OF
SERVING UPDATE INTERROGATORIES TO PLAINTIFF
COME NOW, the Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., by and
through the undersigned counsel, and pursuant to Fla.R.Civ.P. 1.340, hereby propound to the
Plaintiff, XIAO SHENG YUE, the attached update interrogatories numbers 1 through 3, the
answers to which will be due in thirty (30) days of the service hereof.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on this 17th day of February 2022, I electronically filed the
foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in
compliance with Rule 2.516, Florida Rules of Judicial Administration, which completes service
by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record.
LAW OFFICES OF SANTEIRO & GARRISON
/s/ Jorge Santeiro
Jorge Santeiro
FBN 66230
6300 University Parkway
Suite 101
Sarasota, FL 34240
Tel: (800) 226-3224, Ext. 1021
Primary: jsanteiro@fcci-group.com
Secondary: ssmith5@fcci-group.com
Secondary: legalservice@fcci-group.com
Attorney for Defendants
COMPOSITE EXHIBIT "A"
DEFENDANTS’ NOTICE OF SERVING UPDATE INTERROGATORIES TO
PLAINTIFF
1. List the names and addresses of all pharmacies you have used since the date you last
answered Defendants’ Interrogatories.
2. List the names and business addresses of each medical care provider who has treated or
examined you, and each medical facility where you have received any treatment or
examination for the injuries for which you seek damages in this case; and state as to each,
the date of treatment or examination and the injury or condition for which you were
examined or treated since the date you last answered Defendants’ Interrogatories.
3. List the names and business addresses of all other physicians, medical facilities or other
health care providers by whom or at which you have been examined or treated; and state
as to each the dates of examination or treatment and the condition of injury for which you
were examined or treated since the date you last answered Defendants’ Interrogatories.
____________________________
XIAO SHENG YUE
STATE OF FLORIDA )
COUNTY OF ________________________)
BEFORE ME, this date appeared XIAO SHENG YUE, personally known to me or who
produced_________________________________ as identification and who, being first duly
sworn, deposes and says the answers contained in the foregoing interrogatories are true to the
best of his/her knowledge and belief.
SUBSCRIBED AND SWORN TO before me this _______day of ______________,
2022.
__________________________
Notary Public
My Commission Expires:
(Notary Stamp)
Filing # 144151720 E-Filed 02/17/2022 04:26:57 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA
XIAO SHENG YUE,
Plaintiff,
CASE NO.: 2020-CA-1106AN
v.
CYNTHIA M. FOERSTER AND
CHAPP, INC.,
Defendants.
______________________________/
DEFENDANTS, CYNTHIA M. FOERSTER AND CHAPP, INC.’S REQUEST FOR
UPDATED PRODUCTION TO PLAINTIFF
Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., by and through undersigned
counsel and pursuant to Fla. R. Civ. P. 1.350, hereby request that Plaintiff produce for inspection
and/or copying the following documents, which shall be produced at the office of the undersigned
counsel within thirty (30) days from the date of service of this Request:
1. Copies of all doctor, hospital, therapy, nursing and other medical bills or other
expenses, including costs of prescriptions, incurred because of the incident described in the
Complaint, since the date of last production.
2. Copies of all medical records, hospital records, chiropractic records, osteopathic
records, faith healer’s records, X-Ray reports, MRI Scan reports, CT-Scan reports, nurses notes,
physical therapy records, and any other non-privileged medical information in Plaintiff’s
possession, including copies of any radiographic materials such as X-Ray films, CT Films, MRI
Films, etc., for treatment of Plaintiff for any injuries sustained because of the incident described
in the Complaint, since the date of last production.
3. Copies of all medical records, hospital records, chiropractic records, osteopathic
records, faith healer’s records, X-Ray reports, MRI Scan reports, CT-Scan reports, nurses notes,
physical therapy records, and any other non-privileged medical information in Plaintiff’s
possession, including copies of any radiographic materials such as X-Ray films, CT Films, MRI
Films, etc., for treatment of Plaintiff for any reason since the incident described in the Complaint,
since the date of last production.
4. Copies of all bills, statements and receipts relating to any non-medical expenses
claimed as damages in this lawsuit which have not been produced in response to the preceding
paragraphs, since the date of last production.
Legible copies of the above, furnished on or before the date fixed for production, if
accompanied by a Certificate of Compliance or similar document indicting that the copies
furnished are copies of all such documents available, will be deemed in compliance with this
request.
Defendants would show that they are unable to obtain the materials requested without
undue expense and hardship. The articles are in the sole or exclusive possession of the Plaintiff,
his agents or attorneys, and as such these items are necessary for the Defendant to properly
prepare this case for trial.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on this 17th day of February, 2022, I electronically filed the
foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in
compliance with Rule 2.516, Florida Rules of Judicial Administration, which completes service
by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record.
LAW OFFICES OF SANTEIRO & GARRISON
/s/ Jorge Santeiro
Jorge Santeiro
FBN 66230
6300 University Parkway
Suite 101
Sarasota, FL 34240
Tel: (800) 226-3224, Ext. 1021
Primary: jsanteiro@fcci-group.com
Secondary: ssmith5@fcci-group.com
Secondary: legalservice@fcci-group.com
Attorney for Defendants
Law Offices of Santeiro & Garrison*
Jorge Santeiro, Esq.
Mark Garrison, B.C.S.+ +Florida Bar Certified in Civil Trial Law
Christine M. Hoke, Esq.++ ++Florida Bar Board Certified in Construction Law
August 10, 2022
Via Email Only
mstefan@forthepeople.com
cvictor@forthepeople.com
Manuel Stefan, Esq.
Morgan & Morgan, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Re: Yue, Xiao Sheng v. Cynthia M. Foerster and Chapp, Inc.
Dear Mr. Stefan:
Please allow this letter to serve as our ten (10) day notice for your client, Xiao Sheng Yue,
to respond to Defendants’ Request for Update Production and Answers to Update Interrogatories,
which were due on or before March 19, 2022. If we do not receive responses within ten (10) days,
I will have no alternative but to file a Motion to Compel.
Should you have any questions or need additional information, please do not hesitate to
contact me.
Very Truly Yours,
Jorge Santeiro
Jorge Santeiro, Esq.
JS/sas
*All attorneys and staff are employees of FCCI Services, Inc., a member of the FCCI Insurance Group
6300 University Parkway, Suite 101, Sarasota, Florida 34240, Telephone 800-226-3224, Ext. 1021
EXHIBIT "B"
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Filing # 156417987 E-Filed 08/30/2022 02:13:15 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA XIAO SHENG YUE, Plaintiff, CASE NO.: 2020-CA-1106AN v. CYNTHIA M. FOERSTER AND CHAPP, INC., Defendants. ______________________________/ DEFENDANTS’ MOTION TO COMPEL DISCOVERY COMES NOW, the Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., (“DEFENDANTS”), by and through undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby files this Motion to Compel Discovery served upon Plaintiff, XIAO SHENG YUE (“PLAINTIFF”), and states: 1. On February 17, 2022, the Defendants served upon Plaintiff Updated Interrogatories and Update Request for Production of Documents (attached hereto as Composite Exhibit “A”). 2. Pursuant to Fla.R.Civ.P. 1.340, et seq., the Plaintiff’s Answers to the Update Interrogatories and responses to Update Request for Production were due on March 19, 2022. 2. In a good faith effort, Counsel for the Defendants sent via-email to Plaintiff, correspondence giving ten (10) days for Plaintiff to provide Answers to Interrogatories and responses to Request for Production (Exhibit B). 3. To date, Plaintiff has failed to respond or object to said interrogatories and request for production. WHEREFORE, the Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., respectfully move this Court to enter an order compelling the Plaintiff, XIAO SHENG YUE, to answer Defendant’s Update Interrogatories and provide responses to Update Request for Production within ten (10) days of the date of the Court’s Order and any other further relief as is just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on this 30th day of August, 2022, I electronically filed the foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in compliance with Rule 2.516, Florida Rules of Judicial Administration, which completes service by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record. LAW OFFICES OF SANTEIRO & GARRISON /s/ Jorge Santeiro, Jr. Jorge Santeiro, Jr. FBN 66230 6300 University Parkway Suite 101 Sarasota, FL 34240 Tel: (800) 226-3224 Ext. 1021 Primary: jsanteiro@fcci-group.com Secondary: ssmith5@fcci-group.com Secondary: legalservice@fcci-group.com Attorney for Defendants Filing # 144151720 E-Filed 02/17/2022 04:26:57 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA XIAO SHENG YUE, Plaintiff, CASE NO.: 2020-CA-1106AN v. CYNTHIA M. FOERSTER AND CHAPP, INC., Defendants. ______________________________/ DEFENDANTS, CYNTHIA M. FOERSTER AND CHAPP, INC.’S NOTICE OF SERVING UPDATE INTERROGATORIES TO PLAINTIFF COME NOW, the Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., by and through the undersigned counsel, and pursuant to Fla.R.Civ.P. 1.340, hereby propound to the Plaintiff, XIAO SHENG YUE, the attached update interrogatories numbers 1 through 3, the answers to which will be due in thirty (30) days of the service hereof. CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on this 17th day of February 2022, I electronically filed the foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in compliance with Rule 2.516, Florida Rules of Judicial Administration, which completes service by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record. LAW OFFICES OF SANTEIRO & GARRISON /s/ Jorge Santeiro Jorge Santeiro FBN 66230 6300 University Parkway Suite 101 Sarasota, FL 34240 Tel: (800) 226-3224, Ext. 1021 Primary: jsanteiro@fcci-group.com Secondary: ssmith5@fcci-group.com Secondary: legalservice@fcci-group.com Attorney for Defendants COMPOSITE EXHIBIT "A" DEFENDANTS’ NOTICE OF SERVING UPDATE INTERROGATORIES TO PLAINTIFF 1. List the names and addresses of all pharmacies you have used since the date you last answered Defendants’ Interrogatories. 2. List the names and business addresses of each medical care provider who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each, the date of treatment or examination and the injury or condition for which you were examined or treated since the date you last answered Defendants’ Interrogatories. 3. List the names and business addresses of all other physicians, medical facilities or other health care providers by whom or at which you have been examined or treated; and state as to each the dates of examination or treatment and the condition of injury for which you were examined or treated since the date you last answered Defendants’ Interrogatories. ____________________________ XIAO SHENG YUE STATE OF FLORIDA ) COUNTY OF ________________________) BEFORE ME, this date appeared XIAO SHENG YUE, personally known to me or who produced_________________________________ as identification and who, being first duly sworn, deposes and says the answers contained in the foregoing interrogatories are true to the best of his/her knowledge and belief. SUBSCRIBED AND SWORN TO before me this _______day of ______________, 2022. __________________________ Notary Public My Commission Expires: (Notary Stamp) Filing # 144151720 E-Filed 02/17/2022 04:26:57 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA XIAO SHENG YUE, Plaintiff, CASE NO.: 2020-CA-1106AN v. CYNTHIA M. FOERSTER AND CHAPP, INC., Defendants. ______________________________/ DEFENDANTS, CYNTHIA M. FOERSTER AND CHAPP, INC.’S REQUEST FOR UPDATED PRODUCTION TO PLAINTIFF Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., by and through undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, hereby request that Plaintiff produce for inspection and/or copying the following documents, which shall be produced at the office of the undersigned counsel within thirty (30) days from the date of service of this Request: 1. Copies of all doctor, hospital, therapy, nursing and other medical bills or other expenses, including costs of prescriptions, incurred because of the incident described in the Complaint, since the date of last production. 2. Copies of all medical records, hospital records, chiropractic records, osteopathic records, faith healer’s records, X-Ray reports, MRI Scan reports, CT-Scan reports, nurses notes, physical therapy records, and any other non-privileged medical information in Plaintiff’s possession, including copies of any radiographic materials such as X-Ray films, CT Films, MRI Films, etc., for treatment of Plaintiff for any injuries sustained because of the incident described in the Complaint, since the date of last production. 3. Copies of all medical records, hospital records, chiropractic records, osteopathic records, faith healer’s records, X-Ray reports, MRI Scan reports, CT-Scan reports, nurses notes, physical therapy records, and any other non-privileged medical information in Plaintiff’s possession, including copies of any radiographic materials such as X-Ray films, CT Films, MRI Films, etc., for treatment of Plaintiff for any reason since the incident described in the Complaint, since the date of last production. 4. Copies of all bills, statements and receipts relating to any non-medical expenses claimed as damages in this lawsuit which have not been produced in response to the preceding paragraphs, since the date of last production. Legible copies of the above, furnished on or before the date fixed for production, if accompanied by a Certificate of Compliance or similar document indicting that the copies furnished are copies of all such documents available, will be deemed in compliance with this request. Defendants would show that they are unable to obtain the materials requested without undue expense and hardship. The articles are in the sole or exclusive possession of the Plaintiff, his agents or attorneys, and as such these items are necessary for the Defendant to properly prepare this case for trial. CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on this 17th day of February, 2022, I electronically filed the foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in compliance with Rule 2.516, Florida Rules of Judicial Administration, which completes service by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record. LAW OFFICES OF SANTEIRO & GARRISON /s/ Jorge Santeiro Jorge Santeiro FBN 66230 6300 University Parkway Suite 101 Sarasota, FL 34240 Tel: (800) 226-3224, Ext. 1021 Primary: jsanteiro@fcci-group.com Secondary: ssmith5@fcci-group.com Secondary: legalservice@fcci-group.com Attorney for Defendants Law Offices of Santeiro & Garrison* Jorge Santeiro, Esq. Mark Garrison, B.C.S.+ +Florida Bar Certified in Civil Trial Law Christine M. Hoke, Esq.++ ++Florida Bar Board Certified in Construction Law August 10, 2022 Via Email Only mstefan@forthepeople.com cvictor@forthepeople.com Manuel Stefan, Esq. Morgan & Morgan, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Re: Yue, Xiao Sheng v. Cynthia M. Foerster and Chapp, Inc. Dear Mr. Stefan: Please allow this letter to serve as our ten (10) day notice for your client, Xiao Sheng Yue, to respond to Defendants’ Request for Update Production and Answers to Update Interrogatories, which were due on or before March 19, 2022. If we do not receive responses within ten (10) days, I will have no alternative but to file a Motion to Compel. Should you have any questions or need additional information, please do not hesitate to contact me. Very Truly Yours, Jorge Santeiro Jorge Santeiro, Esq. JS/sas *All attorneys and staff are employees of FCCI Services, Inc., a member of the FCCI Insurance Group 6300 University Parkway, Suite 101, Sarasota, Florida 34240, Telephone 800-226-3224, Ext. 1021 EXHIBIT "B"