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Filing # 117655364 E-Filed 12/04/2020 10:44:26 AM
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.
DEFENDANT’S NOTICE OF TAKING DEPOSITION DUCES TECUM!
PLEASE TAKE NOTICE that at the time and place herein specified, the undersigned
attorneys will take the deposition of:
NAME: Donald Wilcox.
Damage Expert
Deponent Date and Time Place
DONALD WILCOX Monday, April 5", 2021 at VIA ZOOM
Damage Expert 10:00 a.m. Empire Legal
Reporting
Phone 954.241.1010
' Please advise no later than seven (7) business days prior to the deposition as to whether an
interpreter will be needed and indicate in what language same will be needed in.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/04/2020 10:44:25 AM.****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 applicable rules of Court.
the deposition to allow the parties to conduct the deposition quickly and 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 reasonable costs associated with 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 responsive documents to 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
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 of the foregoing has been provided
via electronic correspondence to: Anette Del Aguila, Esq., at , mellaw4@mallawyers.com and
mellaw7@mellawyers.com on this 4" day of December, 2020.
RUBINTON SIMMS, P.A.
3440 Hollywood Blvd, Suite 460
Hollywood, Florida 33021
Telephone: 954-251-5500
Fax: 954-251-5501
By: /s| Vida Jasaitis
JEFFREY A. RUBINTON, ESQ.
Florida Bar: 821756
VIDA E. JASAITIS, ESQ.
Florida Bar: 245800
Primary E-Mail Address: vjasaitis@rubintonlaw.com
Secondary E-Mail: vprzewoznik@rubintonlaw.com
Tertiary E-Mail: eservice@rubintonlaw.comSCHEDULE “A”
DEFINITIONS AND INSTRUCTIONS
L The term “document” shall mean the term as it is commonly understood and applied
in Florida civil litigation and 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 recorded material or statements of any kind known to you or in your
custody or control. Documents shall be produced regardless of the format in which they are kept
(i.e., paper, ESI, etc.).
2 The words “or,” “and,” “all,” “any” and similar words of guidance are intended
merely 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, governmental body, 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 proprietary and 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 production of such information
may be addressed. No other production should be withheld due to any technical delays regarding
the production of ESI. If any ESI is encrypted, such information must be produced in an
unencrypted format 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.
10.
ll.
12.
13.
14.
Any and all reports, estimates and/or invoices of the subject premises prepared by the
Damage Expert
Any and all documents regarding the subject property and/or the claim at issue in this
action.
A copy of any and all documents, videos, and photos of the subject property from the date
of May 27", 2019 through to present.
A copy of any documents, videos, and photos of the subject property prior to the date of
May 27" , 2019.
A copy of any and all documents reflecting how the damages alleged by Plaintiffs in the
subject lawsuit were calculated.
A copy of any and all repair and/or replacement estimates of the subject property.
Any and all documents, videos, and photos of the alleged damage to the subject property
allegedly as a result of the plumbing incident.
Any and all estimates and/or reports of the subject property.
Copies of any and all permits, permit applications, inspections, or progress reports
pertaining to any of the construction services/repairs made to the subject property as a
result of any alleged damages sustained as a result of the incident.
Any and all documents showing or evidencing all calculations, revisions or adjustments to
estimates for the subject property.
Any and all documents and/or electronic data, receipt, computer print-outs, referring or
relating to any of the allegations set forth in the Complaint.
Copies of all letters, correspondence, e-mail, or other written or recorded communications
sent by you, any other party in this lawsuit, any contractor/subcontractor/employee you
have retained, or any lawyer hired by you, or other person(s) acting on your behalf.
Copies of all business licenses you currently maintain and/or have maintained within the
past seven (7) years. This includes any revocation/suspension notices if applicable.
Copies of any and all permits, permit applications, inspections, or progress reports
pertaining to any of the construction services/repairs made to the subject property.15.
17.
18.
19.
Copies of all licenses retained for all of the individuals and/or businesses who conducted
any construction service/repairs made to the subject property.
Any and all photographs, including but not limited to, all depictions of the subject property
alleged damages, including video, if any, from the alleged date of loss through to the
present date.
Any and all receipts and/or records for any item that was damaged as a result of the 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.
Any and all detailed inventory list(s) for the items allegedly lost and/or damages to the
subject property.
Please provide any and all engineering, inspections and any other reports, records or
documents substantiating the alleged loss and/or damages.
Preview
Filing # 117655364 E-Filed 12/04/2020 10:44:26 AM 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. DEFENDANT’S NOTICE OF TAKING DEPOSITION DUCES TECUM! PLEASE TAKE NOTICE that at the time and place herein specified, the undersigned attorneys will take the deposition of: NAME: Donald Wilcox. Damage Expert Deponent Date and Time Place DONALD WILCOX Monday, April 5", 2021 at VIA ZOOM Damage Expert 10:00 a.m. Empire Legal Reporting Phone 954.241.1010 ' Please advise no later than seven (7) business days prior to the deposition as to whether an interpreter will be needed and indicate in what language same will be needed in. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/04/2020 10:44:25 AM.****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 applicable rules of Court. the deposition to allow the parties to conduct the deposition quickly and 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 reasonable costs associated with 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 responsive documents to 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 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 of the foregoing has been provided via electronic correspondence to: Anette Del Aguila, Esq., at , mellaw4@mallawyers.com and mellaw7@mellawyers.com on this 4" day of December, 2020. RUBINTON SIMMS, P.A. 3440 Hollywood Blvd, Suite 460 Hollywood, Florida 33021 Telephone: 954-251-5500 Fax: 954-251-5501 By: /s| Vida Jasaitis JEFFREY A. RUBINTON, ESQ. Florida Bar: 821756 VIDA E. JASAITIS, ESQ. Florida Bar: 245800 Primary E-Mail Address: vjasaitis@rubintonlaw.com Secondary E-Mail: vprzewoznik@rubintonlaw.com Tertiary E-Mail: eservice@rubintonlaw.comSCHEDULE “A” DEFINITIONS AND INSTRUCTIONS L The term “document” shall mean the term as it is commonly understood and applied in Florida civil litigation and 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 recorded material or statements of any kind known to you or in your custody or control. Documents shall be produced regardless of the format in which they are kept (i.e., paper, ESI, etc.). 2 The words “or,” “and,” “all,” “any” and similar words of guidance are intended merely 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, governmental body, 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 proprietary and 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 production of such information may be addressed. No other production should be withheld due to any technical delays regarding the production of ESI. If any ESI is encrypted, such information must be produced in an unencrypted format 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. 10. ll. 12. 13. 14. Any and all reports, estimates and/or invoices of the subject premises prepared by the Damage Expert Any and all documents regarding the subject property and/or the claim at issue in this action. A copy of any and all documents, videos, and photos of the subject property from the date of May 27", 2019 through to present. A copy of any documents, videos, and photos of the subject property prior to the date of May 27" , 2019. A copy of any and all documents reflecting how the damages alleged by Plaintiffs in the subject lawsuit were calculated. A copy of any and all repair and/or replacement estimates of the subject property. Any and all documents, videos, and photos of the alleged damage to the subject property allegedly as a result of the plumbing incident. Any and all estimates and/or reports of the subject property. Copies of any and all permits, permit applications, inspections, or progress reports pertaining to any of the construction services/repairs made to the subject property as a result of any alleged damages sustained as a result of the incident. Any and all documents showing or evidencing all calculations, revisions or adjustments to estimates for the subject property. Any and all documents and/or electronic data, receipt, computer print-outs, referring or relating to any of the allegations set forth in the Complaint. Copies of all letters, correspondence, e-mail, or other written or recorded communications sent by you, any other party in this lawsuit, any contractor/subcontractor/employee you have retained, or any lawyer hired by you, or other person(s) acting on your behalf. Copies of all business licenses you currently maintain and/or have maintained within the past seven (7) years. This includes any revocation/suspension notices if applicable. Copies of any and all permits, permit applications, inspections, or progress reports pertaining to any of the construction services/repairs made to the subject property.15. 17. 18. 19. Copies of all licenses retained for all of the individuals and/or businesses who conducted any construction service/repairs made to the subject property. Any and all photographs, including but not limited to, all depictions of the subject property alleged damages, including video, if any, from the alleged date of loss through to the present date. Any and all receipts and/or records for any item that was damaged as a result of the 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. Any and all detailed inventory list(s) for the items allegedly lost and/or damages to the subject property. Please provide any and all engineering, inspections and any other reports, records or documents substantiating the alleged loss and/or damages.