filed a state tort claim against Singh and Cox after she was rear-ended by a vehicle owned by Singh and driven by Cox. Pursuant to a Settlement and Assignment Agreement, Milinazzo is an assignee of Singh and Cox’s rights and interest in any cause of action they made have against State Farm for allegedly failing to defend, indemnify, and/or settle that claim within the policy limits. 3 . Federal Rule of Civil Procedure 37(a)(2)(b) requires the movant to "in good faith confer[] or attempt[] to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action." 4 . But see Tower 1515 Condo. Apartments Assoc., Inc. v. QBE Ins. Corp., No. 05-80780-CIV-Hur-ley, 2006 U.S. Dist. LEXIS 73401, at *5 (S.D.Fla. August 23, 2006) (<HOLDING>). The Atrium court acknowledged, but declined
holding that breach of contract claim related back to misrepresentation claim because operative facts upon which the breach of contract claim was based were contained in the misrepresentation counts of the original complaint holding that the plaintiffs breach of contract claim was properly a statutory claim under the personnel management act recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract holding that claim file discovery was premature in a firstparty breach of contract claim holding that a breach of contract claim against one defendant related back to interference with contract claim against that defendant and breach of contract claim against second defendant because it was based on same set of operative facts