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Case Number: CACE-19-026016 Division: 18
Filing # 100580466 E-Filed 12/19/2019 12:57:12 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
STANLEY WIMBERLY and STEPHANIE
WIMBERLY, CASE NO.:
Plaintiffs,
v.
LEXINGTON INSURANCE COMPANY,
Defendant.
PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Plaintiffs ,STANLEY WIMBERLY and STEPHANIE WIMBERLY ( collectively referred to
hereafter as the “Insured”), pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby
requests that Defendant, LEXINGTON INSURANCE COMPANY (the “Insurance Company”),
make available for inspection and duplication, in response to each numbered paragraph, all
documents specified herein which are in its possession, custody or control or in the possession,
custody or control of its agents, accountants or attorneys. Defendant is requested to make such
production within the time period prescribed either by the Florida Rules of Civil Procedure or by
order of the Court, at the offices of Marin, Eljaiek, Lopez & Martinez P.L., 2601 South
Bayshore Drive, 18" Floor, Coconut Grove, Florida 33133.
I. DEFINITIONS AND INSTRUCTIONS
1. The terms "you", "your(s)", “yourselves”, “defendant”, and/or “Insurance Company”
means the party or parties to which this request is addressed, and any agents, representatives,
attorneys or other persons acting or purporting to act, on its behalf.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/19/2019 12:57:10 PM.****2. The term “person” means any natural person, individual, proprietorship, partnership,
corporation, association, organization, joint venture, firm, other business enterprise, governmental
body, group of natural persons, or other entity.
3. The “Complaint” means the Complaint filed by the Insured in this action.
4. The term "document" shall mean any written or graphic matter and other means of
preserving thought or expression and all tangible things from which information can be processed or
transcribed, including the originals and all non-identical copies, whether different from the original
by reason of any notation made on such copy or otherwise, including, but not limited to,
correspondence, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins,
meetings or other communications, inter-office and intra-office telephone calls, diaries,
chronological data, minutes, books, reports, studies, summaries, pamphlets, bulletins, printed matter,
charts, ledgers, invoices, work-sheets, receipts, returns, computer printouts, prospectuses, financial
statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics,
surveys, magazine or newspaper articles, releases (and_any and _all drafts, alterations or
modifications, changes and amendments of any of the foregoing), graphic or aural records or
representations of any kind (including without limitation, photographs, microfiche, microfilm,
videotape, records and motion pictures) and electronic, mechanical or electric records or
representations of any kind (including without limitation, tapes, cassettes, discs and records).
5. The term "all documents" means every document or group of documents as above
defined that are known to you or that can be located or discovered by reasonably diligent efforts.
(3571425/1] Page 2 of 66. The term “Insurance Company” shall refer to the Defendant in this action, its
affiliates, subsidiaries, predecessors, successors, agents, attorneys and/or anyone else acting in its
behalf.
7. The term "communication(s)" means every manner or means of disclosure, transfer or
exchange of information, whether in person, by telephone, mail, personal delivery or otherwise.
8. As used herein, the singular shall include the plural, the plural shall include the
singular, and the masculine, feminine and neuter shall include each of the other genders.
9. The terms "and", “as well as” and "or" shall be construed disjunctively as well as
conjunctively as necessary to make the interrogatory inclusive rather than exclusive. The term "all"
means "any and all." The terms "each" and “every” means "each and every," the term “including”
means “including without limitation.”
10. The terms “referring to" or "relating to" mean setting forth, pertaining to,
memorializing, constituting, embodying, discussing, analyzing, reflecting or otherwise concerning.
11. The terms "locate" or "location" means to state the present whereabouts of each
document and to identify the person(s) having possession, custody or control thereof.
12. The term "to date" shall mean the date on which you respond to this request.
13. When producing the required documents, please keep all documents segregated by the
file in which the documents are contained and indicate the name of the file in which the documents
are contained and the name of the documents being produced.
14. When producing the required documents, please produce all other documents that are
clipped, stapled or otherwise attached to any requested document.
(3571425/1] Page 3 of 615. In the event such file(s) or document(s) has (have) been removed, either for the
purpose of this action or for some other purpose, please state the name and address of the person who
removed the file, the title of the file and each sub-file, if any, maintained within the file, and the
present location of the file.
16. The words "and" and "or" shall be construed either conjunctively or disjunctively to
bring within the scope of these requests any documents which might otherwise be construed to be
outside their scope.
17. If you claim that the attorney/client or any other privilege or the attorney's work
product doctrine applies to any document, the production of which is called for by these requests,
then for each such document, state its date, subject matter, author(s), recipient(s), present custodian
and all past custodians, and such additional information concerning the claim of privilege or work
product doctrine as will permit the adjudication of the propriety of the claim.
18. If youccontend that it would be unreasonably burdensome to obtain and provide all of
the documents called for in response to any one of these requests, then in response to the appropriate
request:
(a) furnish each such document that is available to you without
undertaking what you contend to be an unreasonable burden;
(b) state with particularity the grounds on which you contend that
additional efforts to obtain such documents would be unreasonably
burdensome; and
(c) describe with particularity the efforts made by you to secure such
documents, including, without limitation, the identity of all persons
consulted, and files, records, and documents reviewed, and the
identity of each person who participated in gathering such documents,
including the duration of time spent and nature of work done by each
person.
(3571425/1] Page 4 of 619. Unless otherwise indicated, all requests include the time period from the date of the
Loss through the date you respond to this request.
20. The term “Insured” shall refer to the Plaintiff(s), affiliates, predecessors, successors,
agents, attorneys and/or anyone else acting in their behalf.
I. LOST/DESTROYED DOCUMENTS
If any document to be produced was, but is no longer, in your possession, custody or control
and/or has been destroyed or is otherwise incapable of production or state: (a) the date, place and
means of the destruction; (b) the name and address of each person deciding upon, participating in
and having knowledge of the destruction; (c) the reason for the destruction; (d) if not destroyed, the
reason why the document is incapable of production; and (e) the subject matter of the document.
Ill. DOCUMENTS REQUESTED
1. A true and correct certified copy of the insurance policy provided by the Insurance
Company to the Insured, for which this lawsuit is premised, including but not limited to, declaration
sheet(s), all addendums and attachments.
2. Each and every timesheet, log and all other documents reflecting time spent by the
Insurance Company at the Property.
3. Each and every document, evidencing the name, address, and the position/relationship
with the Insurance Company, of every individual who has visited or plans to visit the Property on
behalf of the Insurance Company.
4. Any and all correspondence or written communications from the Insurance Company
to the Insured, which in any manner pertain to the Insured’s loss as described in the Complaint.
(3571425/1] Page 5 of 65. Any and all correspondence or written communications from the Insured, to the
Insurance Company which in any manner pertains to the Insured’s loss as described in the
Complaint.
6. Any and all photographs taken by the Insurance Company of the Property.
7. All documents containing information regarding a statement by the Insured at any
time during the Insurance Company’s handling of the Insured’s loss, including adjuster notes, claim
reports, interoffice memorandum, tape recordings and any transcripts or written statements from the
Insured.
8. Any and all bills or estimates for repairs to the Property submitted to the Insurance
Company by the Insured.
9. Any and all checks paid to, or on behalf of the Insured, representing insurance
coverage payment(s) for the loss.
CERTIFICATE OF SERVICE
JHEREBY CERTIFY that a true and correct copy of the foregoing was served via U.S. mail
to: LEXINGTON INSURANCE COMPANY c/o The Florida Chief Financial Officer as RA, 200 E.
Gaines Street, Tallahassee, Florida 32399-4201, on this 19" day of December 2019.
Marin, Eljaiek, Lopez & Martinez P.L.
Counsel for the Insured
2601 South Bayshore Drive, 18th Floor
Coconut Grove, Florida 33133
Telephone No. (305) 444-5969
Facsimile No. (305) 444-1939
Email: Eservice@mellawyers.com
Secondary Email: MellawS@mellawyers.com
By. /s/ David Garcia
David Garcia, Esq.
Florida Bar No. 87055
Idelys Martinez, Esq.
Florida Bar No. 1011047
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