On October 15, 2019 a
Notice of Taking Deposition - Corporate Representative with knowledge pursuant to Fla. R. Civ. P. 1.310(b)(6
was filed
involving a dispute between
Pacheco, Gilda,
and
Avatar Property And Casualty Insurance Company,
for Contract and Indebtedness
in the District Court of Broward County.
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Case Number: CACE-19-021365 Division: 21
Filing # 97322900 E-Filed 10/15/2019 04:25:53 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA.
GILDA PACHECO,
CASE NO.:
Plaintiff,
v.
AVATAR PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
NOTICE OF TAKING DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersigned attomeys will take the following
deposition at the place, date and time indicated below:
NAME DATE TIME PLACE
Corporate Representative TBD TBD TBD
with knowledge pursuant
to Fla. R. Civ. P.
1.310(b)(6)
In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in this proceeding should contact the offices of the
undersigned at 305-444-5969
Pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil Procedure, you are hereby requested to
designate one or more officers, directors, managing agents or other persons who consent to
testify on behalf of the parties being deposed as the persons having the most knowledge
concerning the area of the subject matter described on Schedule A attached hereto.
Upon oral examination before a commissioner appointed by the Court, a Notary Public, or any
other officer authorized to administer oaths by the laws of the State of Florida, who is neither a
relative nor employee of such attorney or counsel and who is not financially interested in this
action. The deposition will continue from day to day until completed. The deposition is being
taken for purposes of discovery and for use as evidence in this case, for use at trial, or for such
other purposes as are permitted under the Florida Rules of Civil Procedure.
The deponent is to bring at the above time and place the following documents listed on the
attached Schedule B.
[3343112/1]
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/15/2019 04:25:51 PM.****[3343112/1]
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:MellawS@mellawyers.com
Secondary Email: Eservice@mellawyers.com
By: /s/ David Garcia
Anthony M. Lopez, Esq.
Florida Bar No. 13685
David Garcia, Esq.
Florida Bar No. 87055[3343112/1]
SCHEDULE A
The allegations set forth in the Complaint.
The Insurance Policy entered into between the Insurer and the Insured as referenced in
the Complaint.
All facts related to the Insurer’s involvement in the Insured’s claim as referenced in the
Complaint.
All facts related to communications between the Insured and agents of the Insurer as it
relates to the allegations set forth in the Complaint.
The adjustment and claim handling of the instant claim alleged in the Complaint. .
The dollar value of the Insured’s damages.
All facts and information supporting your defenses to the Plaintiff(s) claim for
insurance proceeds as alleged in the Complaint.
All facts and information supporting Your Answer and A ffirrmative Defenses.
All facts and information supporting any defense or exclusion of coverage under the
Insurance Policy entered into between Plaintiff and Defendant as referenced in the
Complaint.SCHEDULE B
1. Please bring a copy of all documents in your possession for the instant Claim as defined
in the Complaint that are not protected by a claimed privilege. If you are not producing
documents pursuant to this Schedule B request because you are claiming a privilege
please provide a privilege log. If a document is not produced and not referenced on a
privilege log we will assume it does not exist.
[3343112/1]v a a Fi
i MARIN | ELJAIEK| LOPEZ| MARTINEZ
SERVED WITH COMPLAINT
RE: GILDA PACHECO V. AVATAR PROPERTY AND CASUALTY INSURANCE
COMPANY
To Whom It May Concern:
At this time we would like to request that your office provide five or more dates to
coordinate the deposition of your corporate representative(s), in connection with the above-
referenced matter within one hundred and sixty (160) days. I have attached the proposed areas
of inquiry for your convenience. Please note this is not an exhaustive list and additional areas of
inquiry may be necessary depending upon additional discovery and responses to questions asked
at the deposition. Please forward all dates to Mellaw5@mellawyers.com.
Should you have any questions, please do not hesitate to contact us. In the meantime, I
look forward to your anticipated prompt cooperation in this matter. Failure to provide dates
within the prescribed time may necessitate the filing of a Motion to Compel.
Kind Regards,
MARIN, ELJAIEK, LOPEZ, MARTINEZ
David Garcia, Esq.
[3343112/1]
Document Filed Date
October 15, 2019
Case Filing Date
October 15, 2019
Category
Contract and Indebtedness
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Case Number: CACE-19-021365 Division: 21 Filing # 97322900 E-Filed 10/15/2019 04:25:53 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. GILDA PACHECO, CASE NO.: Plaintiff, v. AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned attomeys will take the following deposition at the place, date and time indicated below: NAME DATE TIME PLACE Corporate Representative TBD TBD TBD with knowledge pursuant to Fla. R. Civ. P. 1.310(b)(6) In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact the offices of the undersigned at 305-444-5969 Pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil Procedure, you are hereby requested to designate one or more officers, directors, managing agents or other persons who consent to testify on behalf of the parties being deposed as the persons having the most knowledge concerning the area of the subject matter described on Schedule A attached hereto. Upon oral examination before a commissioner appointed by the Court, a Notary Public, or any other officer authorized to administer oaths by the laws of the State of Florida, who is neither a relative nor employee of such attorney or counsel and who is not financially interested in this action. The deposition will continue from day to day until completed. The deposition is being taken for purposes of discovery and for use as evidence in this case, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The deponent is to bring at the above time and place the following documents listed on the attached Schedule B. [3343112/1] *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/15/2019 04:25:51 PM.****[3343112/1] 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:MellawS@mellawyers.com Secondary Email: Eservice@mellawyers.com By: /s/ David Garcia Anthony M. Lopez, Esq. Florida Bar No. 13685 David Garcia, Esq. Florida Bar No. 87055[3343112/1] SCHEDULE A The allegations set forth in the Complaint. The Insurance Policy entered into between the Insurer and the Insured as referenced in the Complaint. All facts related to the Insurer’s involvement in the Insured’s claim as referenced in the Complaint. All facts related to communications between the Insured and agents of the Insurer as it relates to the allegations set forth in the Complaint. The adjustment and claim handling of the instant claim alleged in the Complaint. . The dollar value of the Insured’s damages. All facts and information supporting your defenses to the Plaintiff(s) claim for insurance proceeds as alleged in the Complaint. All facts and information supporting Your Answer and A ffirrmative Defenses. All facts and information supporting any defense or exclusion of coverage under the Insurance Policy entered into between Plaintiff and Defendant as referenced in the Complaint.SCHEDULE B 1. Please bring a copy of all documents in your possession for the instant Claim as defined in the Complaint that are not protected by a claimed privilege. If you are not producing documents pursuant to this Schedule B request because you are claiming a privilege please provide a privilege log. If a document is not produced and not referenced on a privilege log we will assume it does not exist. [3343112/1]v a a Fi i MARIN | ELJAIEK| LOPEZ| MARTINEZ SERVED WITH COMPLAINT RE: GILDA PACHECO V. AVATAR PROPERTY AND CASUALTY INSURANCE COMPANY To Whom It May Concern: At this time we would like to request that your office provide five or more dates to coordinate the deposition of your corporate representative(s), in connection with the above- referenced matter within one hundred and sixty (160) days. I have attached the proposed areas of inquiry for your convenience. Please note this is not an exhaustive list and additional areas of inquiry may be necessary depending upon additional discovery and responses to questions asked at the deposition. Please forward all dates to Mellaw5@mellawyers.com. Should you have any questions, please do not hesitate to contact us. In the meantime, I look forward to your anticipated prompt cooperation in this matter. Failure to provide dates within the prescribed time may necessitate the filing of a Motion to Compel. Kind Regards, MARIN, ELJAIEK, LOPEZ, MARTINEZ David Garcia, Esq. [3343112/1]