Preview
Filing # 133393255 E-Filed 08/25/2021 01:42:32 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN
AND FOR BROWARD COUNTY, FLORIDA
JESUS VILLEDA AND
JHANETH VILLEDA,
Plaintiffs,
V
CASE NO.: CACE-19-021344
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
DEFENDANT'S NOTICE OF CANCELLATION
OF TAKING DEPOSITIONDUCES TECUM
PLEASE TAKE NOTICE that at the deposition has been cancelled.
NAME:
Donald Wilcox.
Damage Expert
Deponent
Date and Time
Place
DONALD WILCOX
Thursday, August 26th,
VIA ZOOM
Damage Expert
2021 at 11:00 a.m.
Empire Legal
Reporting
Phone 954.241.1010
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/25/2021 01:42:32 PM.****
Upon oral examination before Notary Public or any other Notary Public or officer)
authorized by law to take depositions in the State of Florida. The deposition will be recorded by
stenographic means. The oral examination will continue from day to day until completed. This
deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes
as are permitted under the applicablerules of Court.
YOU ARE REQUIRED TO HAVE WITH YOU ALL ORIGINAL DOCUMENTS THAT
YOU HAVE WHICH ARE LISTED IN THE ATTACHMENT"A.,,
In an effort to expedite the deposition, Defendant's counsel requestthat the requested
documents responsive to Schedule "A" be produced at least ten (10) davs before the date of
the deposition to allow the parties to conductthe deposition quicklyand efficiently.This will
eliminate the need for Defendant's counsel to review the documents for the first time at the
deposition. Defendant will reimburse deponent for all reasonablecosts associatedwith
producing
the requested prior to the deposition.
Further, to the extent any privilege or confidentiality is claimed to apply to the requested
documents,the deponent is directed to bring such responsivedocumentsto the deposition so that
they can fully answer all of counsel's questions. However, a privilege log as contemplated under
Florida Rule of Civil Procedure 1.280(b)(5)may be produced prior to and at the deposition in lieu
of the actual documents over which such claim(s) is asserted.Any such privileged documents are
nonetheless requested to be available at the deposition for the deponent to review during the
deposition in order to fully answer all questions. Such review will not be deemed a waiver of any
claimed privilege.
[IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, persons with
disabilities needing a special accommodation should contact the undersigned at (954) 251-
5500 no later than seven (7) business days prior to the proceedings. Defendant recognizes
2
there is no legal requirement for this but makes said request to allow the deposition to
proceed more efficiently.].
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy ofthe foregoing has been provided
via electronic correspondence to: Anette Del Aguila, Esq., at,
and
on this 25=th day ofAugust, 2021.
RUBINTON SIMMS, P.A.
3440 Hollywood Blvd, Suite 460
Hollywood, Florida 33021
Telephone: 954-251-5500
Fax:
954-251-5501
By:
/s/
Jesus
R.
Goatache
JEFFREY A. RUBINTON, ESQ.
Florida Ban 821756
JESUS R GOATACHE, ESQ.
Florida Ban 1101321
PrimaryE-Mail
SecondaryE-Mail:
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SCHEDULE "A"
DEFINITIONS AND INSTRUCTIONS
1. The term "document" shall mean the term as it is commonlyunderstood and applied in
Florida civil litigationand includes, but is not limited to, all contracts,agreements,correspondence,
records, charts, memoranda, recordings, notes, letters, instructions, intra-office and inter-office
communications, conversations or telephone calls, records of conversations (whether or not
mechanically or electronically recorded), calendars, books, work papers, invoices, sales receipts,
canceled checks, reports, studies, surveys, price lists, records, prescriptions and any other written,
printed, or recordedmaterial or statements of any kind known to you or in your custody or control.
Documents shall be produced regardlessofthe format in which they are kept (i.e., paper, ESI, etc.).
2. The words "or," "and," "all," "any" and similar words of guidance are intendedmerely
as such and should not be construed as words of limitation. The words "or" and "and" shall include
each other whenever possible to expand, not restrict, the scope of the document request.
3. "Person" shall mean any natural person, corporation, association, organization,
partnership, or any other business enterprise, governmentalbody, group, business entity or other
entity.
4. Electronically Stored Information. To the extent any request seeks items that are
Electronically Stored Information ("ESI") (i.e. Excel spreadsheets, PDF files, Microsoft Word
files, etc., please provide that ESI both in hardcopy (i.e., paper) and in its native file format with
all metadata preserved. Emails sent or received using Microsoft Outlook should be produced as a
pst. file and in hardcopy (i.e., paper) format. If any electronic files are proprietaryand not viewable
by off the shelf software,these should be printed and then produced. If you or your employees do
not possess the technical ability to produce any or all responsive ESI without expense and/or
outside assistance,please notify counsel so that productionof such informationmay be addressed.
No other production should be withheld due to any technical delays regarding the production of
ESI. If any ESI is encrypted, such informationmust be produced in an unencryptedformat with its
original metadata preserved.
DOCUMENTS TO BE PRODUCED
The complete original written, printed, and electronic files of Plaintiff and its agents and/or
representatives, in your possession, custody, and control, including, but not limited to:
1.
Any and all reports, estimates and/or invoices of the subject premises prepared by the
Damage Expert
2.
Any and all documents regarding the subject propertyand/or the claim at issue in this action.
3.
A copy of any and all documents, videos, and photos of the subject property from the date
of May 27IJth1 2019 through to present.
4
4.
A copy of any documents, videos, and photos of the subject property prior to the date of
May 27,th ,2019.
5.
A copy of any and all documents reflecting how the damages alleged by Plaintiffs in the
subject lawsuit were calculated.
6.
A copy of any and all repair and/or replacement estimates ofthe subject property.
7.
Any and all documents, videos, and photos of the alleged damage to the subject property
allegedlyas a result ofthe plumbingincident.
8.
Any and all estimates and/or reports ofthe subject property.
9.
Copies of any and all permits, permit applications, inspections, or progress reports
pertainingto any ofthe constructionservices/repairsmade to the subjectproperty as a result
of any alleged damages sustained as a result ofthe incident.
10.
Any and all documents showing or evidencing all calculations,revisionsor adjustmentsto
estimates for the subject property.
11.
Any and all documents and/or electronic data, receipt, computer print-outs, referring or
relatingto any ofthe allegations set forth in the Complaint.
12.
Copies of all letters, correspondence,e-mail, or other written or recorded communications
sent by you, any other party in this lawsuit, any
you have
retained, or any lawyer hired by you, or other person(s) acting on your behalf.
13.
Copies of all business licenses you currently maintain and/or have maintained within the
past seven (7) years. This includes any
notices if applicable.
14.
Copies of any and all permits, permit applications, inspections, or progress reports
pertainingto any ofthe constructionservices/repairsmade to the subject property.
15.
Copies of all licenses retained for all of the individualsand/or businesses who conducted
any constructionservice/repairsmade to the subject property.
16.
Any and all photographs,including but not limited to, all depictions ofthe subjectproperty
allegeddamages, including video, ifany, fromthe alleged date of loss through to the present
date.
17.
Any and all receipts and/or records for any item that was damaged as a result ofthe alleged
loss and/or damage(s) incurred to the subject property, including receipts and/or records
when these items were first installed, maintained and/or replaced.
18.
Any and all detailed inventory list(s) for the items allegedly lost and/or damages to the
subject property.
19.
Please provide any and all engineering, inspections and any other reports, records or
documentssubstantiating the alleged loss and/or damages.
5
Preview
Filing # 133393255 E-Filed 08/25/2021 01:42:32 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA JESUS VILLEDA AND JHANETH VILLEDA, Plaintiffs, V CASE NO.: CACE-19-021344 CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i DEFENDANT'S NOTICE OF CANCELLATION OF TAKING DEPOSITIONDUCES TECUM PLEASE TAKE NOTICE that at the deposition has been cancelled. NAME: Donald Wilcox. Damage Expert Deponent Date and Time Place DONALD WILCOX Thursday, August 26th, VIA ZOOM Damage Expert 2021 at 11:00 a.m. Empire Legal Reporting Phone 954.241.1010 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/25/2021 01:42:32 PM.**** Upon oral examination before Notary Public or any other Notary Public or officer) authorized by law to take depositions in the State of Florida. The deposition will be recorded by stenographic means. The oral examination will continue from day to day until completed. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicablerules of Court. YOU ARE REQUIRED TO HAVE WITH YOU ALL ORIGINAL DOCUMENTS THAT YOU HAVE WHICH ARE LISTED IN THE ATTACHMENT"A.,, In an effort to expedite the deposition, Defendant's counsel requestthat the requested documents responsive to Schedule "A" be produced at least ten (10) davs before the date of the deposition to allow the parties to conductthe deposition quicklyand efficiently.This will eliminate the need for Defendant's counsel to review the documents for the first time at the deposition. Defendant will reimburse deponent for all reasonablecosts associatedwith producing the requested prior to the deposition. Further, to the extent any privilege or confidentiality is claimed to apply to the requested documents,the deponent is directed to bring such responsivedocumentsto the deposition so that they can fully answer all of counsel's questions. However, a privilege log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5)may be produced prior to and at the deposition in lieu of the actual documents over which such claim(s) is asserted.Any such privileged documents are nonetheless requested to be available at the deposition for the deponent to review during the deposition in order to fully answer all questions. Such review will not be deemed a waiver of any claimed privilege. [IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, persons with disabilities needing a special accommodation should contact the undersigned at (954) 251- 5500 no later than seven (7) business days prior to the proceedings. Defendant recognizes 2 there is no legal requirement for this but makes said request to allow the deposition to proceed more efficiently.]. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy ofthe foregoing has been provided via electronic correspondence to: Anette Del Aguila, Esq., at, and on this 25=th day ofAugust, 2021. RUBINTON SIMMS, P.A. 3440 Hollywood Blvd, Suite 460 Hollywood, Florida 33021 Telephone: 954-251-5500 Fax: 954-251-5501 By: /s/ Jesus R. Goatache JEFFREY A. RUBINTON, ESQ. Florida Ban 821756 JESUS R GOATACHE, ESQ. Florida Ban 1101321 PrimaryE-Mail SecondaryE-Mail: 3 SCHEDULE "A" DEFINITIONS AND INSTRUCTIONS 1. The term "document" shall mean the term as it is commonlyunderstood and applied in Florida civil litigationand includes, but is not limited to, all contracts,agreements,correspondence, records, charts, memoranda, recordings, notes, letters, instructions, intra-office and inter-office communications, conversations or telephone calls, records of conversations (whether or not mechanically or electronically recorded), calendars, books, work papers, invoices, sales receipts, canceled checks, reports, studies, surveys, price lists, records, prescriptions and any other written, printed, or recordedmaterial or statements of any kind known to you or in your custody or control. Documents shall be produced regardlessofthe format in which they are kept (i.e., paper, ESI, etc.). 2. The words "or," "and," "all," "any" and similar words of guidance are intendedmerely as such and should not be construed as words of limitation. The words "or" and "and" shall include each other whenever possible to expand, not restrict, the scope of the document request. 3. "Person" shall mean any natural person, corporation, association, organization, partnership, or any other business enterprise, governmentalbody, group, business entity or other entity. 4. Electronically Stored Information. To the extent any request seeks items that are Electronically Stored Information ("ESI") (i.e. Excel spreadsheets, PDF files, Microsoft Word files, etc., please provide that ESI both in hardcopy (i.e., paper) and in its native file format with all metadata preserved. Emails sent or received using Microsoft Outlook should be produced as a pst. file and in hardcopy (i.e., paper) format. If any electronic files are proprietaryand not viewable by off the shelf software,these should be printed and then produced. If you or your employees do not possess the technical ability to produce any or all responsive ESI without expense and/or outside assistance,please notify counsel so that productionof such informationmay be addressed. No other production should be withheld due to any technical delays regarding the production of ESI. If any ESI is encrypted, such informationmust be produced in an unencryptedformat with its original metadata preserved. DOCUMENTS TO BE PRODUCED The complete original written, printed, and electronic files of Plaintiff and its agents and/or representatives, in your possession, custody, and control, including, but not limited to: 1. Any and all reports, estimates and/or invoices of the subject premises prepared by the Damage Expert 2. Any and all documents regarding the subject propertyand/or the claim at issue in this action. 3. A copy of any and all documents, videos, and photos of the subject property from the date of May 27IJth1 2019 through to present. 4 4. A copy of any documents, videos, and photos of the subject property prior to the date of May 27,th ,2019. 5. A copy of any and all documents reflecting how the damages alleged by Plaintiffs in the subject lawsuit were calculated. 6. A copy of any and all repair and/or replacement estimates ofthe subject property. 7. Any and all documents, videos, and photos of the alleged damage to the subject property allegedlyas a result ofthe plumbingincident. 8. Any and all estimates and/or reports ofthe subject property. 9. Copies of any and all permits, permit applications, inspections, or progress reports pertainingto any ofthe constructionservices/repairsmade to the subjectproperty as a result of any alleged damages sustained as a result ofthe incident. 10. Any and all documents showing or evidencing all calculations,revisionsor adjustmentsto estimates for the subject property. 11. Any and all documents and/or electronic data, receipt, computer print-outs, referring or relatingto any ofthe allegations set forth in the Complaint. 12. Copies of all letters, correspondence,e-mail, or other written or recorded communications sent by you, any other party in this lawsuit, any you have retained, or any lawyer hired by you, or other person(s) acting on your behalf. 13. Copies of all business licenses you currently maintain and/or have maintained within the past seven (7) years. This includes any notices if applicable. 14. Copies of any and all permits, permit applications, inspections, or progress reports pertainingto any ofthe constructionservices/repairsmade to the subject property. 15. Copies of all licenses retained for all of the individualsand/or businesses who conducted any constructionservice/repairsmade to the subject property. 16. Any and all photographs,including but not limited to, all depictions ofthe subjectproperty allegeddamages, including video, ifany, fromthe alleged date of loss through to the present date. 17. Any and all receipts and/or records for any item that was damaged as a result ofthe alleged loss and/or damage(s) incurred to the subject property, including receipts and/or records when these items were first installed, maintained and/or replaced. 18. Any and all detailed inventory list(s) for the items allegedly lost and/or damages to the subject property. 19. Please provide any and all engineering, inspections and any other reports, records or documentssubstantiating the alleged loss and/or damages. 5