Preview
Filing # 129321034 E-Filed 06/23/2021 10:55:16 AM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR MARION
COUNTY, FLORIDA
CASE NUMBER: 2019-CA-2760
MARSHA SUE PIDHERNEY,
Plaintiff,
vs.
MARION COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Defendant.
/
PLAINTIFF’S REQUEST TO PRODUCE OF DOCUMENTS
(RELATING TO EXPERT WITNESSES) TO DEFENDANT
Defendant, MARION COUNTY, FLORIDA, (and its legal representative and insurance
carrier and/or claims adjusting agents, as defined below) pursuant to the Rule 1.350, Florida
Rules of Civil Procedure, are hereby requested to produce at the office of counsel for the
Plaintiff, MARSHA SUE PIDHERNEY, for inspection and copying, within the time period
mandated by said Rules, the documents and/or evidence requested below.
AUTHORITY. This discovery request is propounded pursuant to the legal authority of
Allstate Ins. Co. v. Boecher, 733 So.2d 993 (Fla. 1999), approving Allstate Ins. Co. v.
Boecher, 705 So.2d 106, (Fla. 4" DCA 1998); and/or Springer v. West, 769 So.2d 1068 (Fla.
Ss" DCA 2000). "We find no indication from either the language of rule 1.280(b)(4) or our
opinion in £/kins that the rule was intended to shield a party from revealing the extent of its
relationship with an expert witness." Boecher, 733 So.2d at 999 (Fla. 1999). "It occurs to
us that, in this pervasively computerized generation of doing business, any going concern
would be sorely tried to establish burdensomeness in the mere retrieval of this kind of
information. Surely Allstate has the power to pluck the data from its own cyberspace.
The burden placed on this party should be presumed to be no more difficult than selecting
the correct keys on a board or icons on a screen. Allstate has done nothing in this record to
dispel such a presumption." Boecher, 705 So.2d at 108 (Fla. 4" DCA 1998). "Where an
insurer provides a defense for its insured and is acting as the insured’s agent, the
insurer's relationship to an expert is discoverable form the insured. To hold otherwise would
Electronically Filed Marion Case # 19CA002760AX 06/23/2021 10:55:16 AMrender Boecher meaningless in all but a small class of cases.... [T]he information sought is
relevant to the witness's bias and will enhance the truth-seeking function and fairness of the
trial, as intended by Boecher." Springer v. West, 769 So.2d at 1069 (Fla. 5" DCA 2000). As
for discoverability of similar information held by defense counsel, please see Morgan, Colling
& Gilbert, P.A. v. Pope, 26 Fla. L. Week. D1841 (Fla. 2d DCA 2001).
DEFINITIONS
A. “PLAINTIFF” shall mean and refer to the Plaintiffs, his, her or their agents, attorneys,
employees or representatives.
B. “YOU” and “YOURS” shall mean and refer to the Defendant and all of your agents,
attorneys, employees, insurance carriers or representatives, and claims adjusting agents.
C. “DEFENDANT” shall mean either one or all of the defendants in the above-styled cause of
action and include all of the Defendants, their legal representatives and insurance carriers
and/or claims adjusting agents, the respective divisions, predecessors, subsidiaries or
successors in interest, and any directors, employees, officers, agents, partners, attorneys, or
representatives of any of them. When making reference to a specific Defendant, the specific
Defendant to which you are referring should be clearly identified.
D. “DOCUMENT” or “TANGIBLE ITEM” is intended to have the broadest possible meaning
under the Florida Rules of Civil Procedure, and includes without limitation, any written,
printed, electronic, recorded tape, graphic, or any matter of whatever nature or whatever
form including all non-identical copies and drafts thereof and all copies bearing notations or
marks not found on the original.
E. “EXPERT WITNESS” means the individual person or persons so identified in this case,
their professional associations or other related entities, or their employers.F. “PERSON” or “ENTITY”, unless otherwise specified, means a natural person, firm,
partnership, trust, estate, association, corporation, proprietorship, governmental body,
governmental agency or commission or any other organization or entity.
G. “RELATE TO” or “RELATING TO” shall be construed to include “refer to”,
“summarizes”, “constitutes”, “contains”, “studies”, “analyzes”, “considers”, “explains”
“mentions”, “shows”, “discusses”, “describes”, or “comments upon” and vice versa as it
relates to said terms or phrases.
H. When names and requested, names shall include both the full name, social security number
(If a United States citizen), passport country and number (if not a United States citizen),
together with the current address for such person.
I. When addresses are requested, the address shall be the complete and current address naming
the street and street number, together with the city, county and state for each such address.
J. Matters of Privilege. In the event you wish to assert “attorney/client privilege”, “work
product doctrine”, or any other privileges to any documents or communications requested by
any of the following interrogatories, then as to each such document or communication subject to
such assertion, you are requested to provide an identification of such document or
communication with sufficient identification to include: the nature of the document or
communication, the instigator or sender of said communication or document, the recipient of all
of the parties involved in the production of said document or communication, the date, the name
of each person to whom the original of said document was sent or may have been present at the
time of said communication, a brief summary of the document or communication or its subject
matter with sufficient detail to permit the Court to reach a determination in the event a Motion
to Compel is required, and an indication of the basis for the assertion of said privilege.1. All documents or tangible items of whatsoever nature pertaining to the following:
a. The scope of your employment of expert witnesses in this case and the
compensation for such service.
b. The general litigation experience of your expert witnesses in this case, including
the percentage of work performed for plaintiffs and defendants.
c. The identity of other insurance claims or legal actions in which each of the expert
witnesses rendered opinions or evaluations during the last three years. (if you
have identified a medical expert witness, you are not requested to identify
instances where said expert witness provided treatment to a patient.
d. The identity of other cases in which each of your expert witnesses in this case
have testified by deposition or at trial during the last three years.
e. An approximation of the portion of the expert’s involvement as an expert witness,
which may be based on the number of hours, percentage of hours, or percentage
of earned income derived from serving as an expert witness.
2. Copies of any and all invoices, records, memoranda, checks, check stubs, receipts,
1099’s, tax records or any other form of financial information evidencing payment or
compensation paid by Defendant (as defined herein) for services provided by your
expert witnesses for the last three (3) years.
a. Such request is specifically intended to include any and all payments made
directly to employees, expert consultants or contractors of any expert witnesses
named above, by or on behalf of (insurance company and affiliates), independent
vendors, records review services and/or claim review services.b. Further, this request is specifically intended to include any and all payments
provided to defense attorneys for the purpose of compensating any expert
witnesses name above, either directly and through the expert witness or witnesses
of his/her/their business entity, for services rendered.
3. Your expert witnesses most current curriculum vitae or resume.
4. All writings setting forth the opinions or observations of your expert witnesses in this
case.
In support of this Request to Produce, Plaintiff, MARSHA SUE PIDHERNEY, states that it
is within the scope of Rule 1.280(b), Florida Rules of Civil Procedure; Plaintiff, MARSHA SUE
PIDHERNEY, needs the opportunity to inspect these documents in preparation of this case; and
that Plaintiff, MARSHA SUE PIDHERNEY, is unable, without undue hardship, to obtain the
substantial equivalent by other means.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 23, 2021, I electronically filed the foregoing with the
Clerk of the Courts by using the ECF system which will send a notice of electronic filing to the
following: Matthew G. Minter, Esquire (matthew.minter@marioncountyfl.org;
Donnita.martin@marioncountyfl.org).
/s/ D. Graham Anderson
D. Graham Anderson, Esq.
Florida Bar No.: 62443
Bogin, Munns & Munns, P.A.
1390 N. Hancock Road, Suite 201
Clermont, FL 34711
(352)243-8981
Attorney for Plaintiff
ganderson@boginmunns.com
escherr@boginmunns.com
aquintana@boginmunns.com
bmmservice@boginmunns.com
1191743
Preview
Filing # 129321034 E-Filed 06/23/2021 10:55:16 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA CASE NUMBER: 2019-CA-2760 MARSHA SUE PIDHERNEY, Plaintiff, vs. MARION COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendant. / PLAINTIFF’S REQUEST TO PRODUCE OF DOCUMENTS (RELATING TO EXPERT WITNESSES) TO DEFENDANT Defendant, MARION COUNTY, FLORIDA, (and its legal representative and insurance carrier and/or claims adjusting agents, as defined below) pursuant to the Rule 1.350, Florida Rules of Civil Procedure, are hereby requested to produce at the office of counsel for the Plaintiff, MARSHA SUE PIDHERNEY, for inspection and copying, within the time period mandated by said Rules, the documents and/or evidence requested below. AUTHORITY. This discovery request is propounded pursuant to the legal authority of Allstate Ins. Co. v. Boecher, 733 So.2d 993 (Fla. 1999), approving Allstate Ins. Co. v. Boecher, 705 So.2d 106, (Fla. 4" DCA 1998); and/or Springer v. West, 769 So.2d 1068 (Fla. Ss" DCA 2000). "We find no indication from either the language of rule 1.280(b)(4) or our opinion in £/kins that the rule was intended to shield a party from revealing the extent of its relationship with an expert witness." Boecher, 733 So.2d at 999 (Fla. 1999). "It occurs to us that, in this pervasively computerized generation of doing business, any going concern would be sorely tried to establish burdensomeness in the mere retrieval of this kind of information. Surely Allstate has the power to pluck the data from its own cyberspace. The burden placed on this party should be presumed to be no more difficult than selecting the correct keys on a board or icons on a screen. Allstate has done nothing in this record to dispel such a presumption." Boecher, 705 So.2d at 108 (Fla. 4" DCA 1998). "Where an insurer provides a defense for its insured and is acting as the insured’s agent, the insurer's relationship to an expert is discoverable form the insured. To hold otherwise would Electronically Filed Marion Case # 19CA002760AX 06/23/2021 10:55:16 AMrender Boecher meaningless in all but a small class of cases.... [T]he information sought is relevant to the witness's bias and will enhance the truth-seeking function and fairness of the trial, as intended by Boecher." Springer v. West, 769 So.2d at 1069 (Fla. 5" DCA 2000). As for discoverability of similar information held by defense counsel, please see Morgan, Colling & Gilbert, P.A. v. Pope, 26 Fla. L. Week. D1841 (Fla. 2d DCA 2001). DEFINITIONS A. “PLAINTIFF” shall mean and refer to the Plaintiffs, his, her or their agents, attorneys, employees or representatives. B. “YOU” and “YOURS” shall mean and refer to the Defendant and all of your agents, attorneys, employees, insurance carriers or representatives, and claims adjusting agents. C. “DEFENDANT” shall mean either one or all of the defendants in the above-styled cause of action and include all of the Defendants, their legal representatives and insurance carriers and/or claims adjusting agents, the respective divisions, predecessors, subsidiaries or successors in interest, and any directors, employees, officers, agents, partners, attorneys, or representatives of any of them. When making reference to a specific Defendant, the specific Defendant to which you are referring should be clearly identified. D. “DOCUMENT” or “TANGIBLE ITEM” is intended to have the broadest possible meaning under the Florida Rules of Civil Procedure, and includes without limitation, any written, printed, electronic, recorded tape, graphic, or any matter of whatever nature or whatever form including all non-identical copies and drafts thereof and all copies bearing notations or marks not found on the original. E. “EXPERT WITNESS” means the individual person or persons so identified in this case, their professional associations or other related entities, or their employers.F. “PERSON” or “ENTITY”, unless otherwise specified, means a natural person, firm, partnership, trust, estate, association, corporation, proprietorship, governmental body, governmental agency or commission or any other organization or entity. G. “RELATE TO” or “RELATING TO” shall be construed to include “refer to”, “summarizes”, “constitutes”, “contains”, “studies”, “analyzes”, “considers”, “explains” “mentions”, “shows”, “discusses”, “describes”, or “comments upon” and vice versa as it relates to said terms or phrases. H. When names and requested, names shall include both the full name, social security number (If a United States citizen), passport country and number (if not a United States citizen), together with the current address for such person. I. When addresses are requested, the address shall be the complete and current address naming the street and street number, together with the city, county and state for each such address. J. Matters of Privilege. In the event you wish to assert “attorney/client privilege”, “work product doctrine”, or any other privileges to any documents or communications requested by any of the following interrogatories, then as to each such document or communication subject to such assertion, you are requested to provide an identification of such document or communication with sufficient identification to include: the nature of the document or communication, the instigator or sender of said communication or document, the recipient of all of the parties involved in the production of said document or communication, the date, the name of each person to whom the original of said document was sent or may have been present at the time of said communication, a brief summary of the document or communication or its subject matter with sufficient detail to permit the Court to reach a determination in the event a Motion to Compel is required, and an indication of the basis for the assertion of said privilege.1. All documents or tangible items of whatsoever nature pertaining to the following: a. The scope of your employment of expert witnesses in this case and the compensation for such service. b. The general litigation experience of your expert witnesses in this case, including the percentage of work performed for plaintiffs and defendants. c. The identity of other insurance claims or legal actions in which each of the expert witnesses rendered opinions or evaluations during the last three years. (if you have identified a medical expert witness, you are not requested to identify instances where said expert witness provided treatment to a patient. d. The identity of other cases in which each of your expert witnesses in this case have testified by deposition or at trial during the last three years. e. An approximation of the portion of the expert’s involvement as an expert witness, which may be based on the number of hours, percentage of hours, or percentage of earned income derived from serving as an expert witness. 2. Copies of any and all invoices, records, memoranda, checks, check stubs, receipts, 1099’s, tax records or any other form of financial information evidencing payment or compensation paid by Defendant (as defined herein) for services provided by your expert witnesses for the last three (3) years. a. Such request is specifically intended to include any and all payments made directly to employees, expert consultants or contractors of any expert witnesses named above, by or on behalf of (insurance company and affiliates), independent vendors, records review services and/or claim review services.b. Further, this request is specifically intended to include any and all payments provided to defense attorneys for the purpose of compensating any expert witnesses name above, either directly and through the expert witness or witnesses of his/her/their business entity, for services rendered. 3. Your expert witnesses most current curriculum vitae or resume. 4. All writings setting forth the opinions or observations of your expert witnesses in this case. In support of this Request to Produce, Plaintiff, MARSHA SUE PIDHERNEY, states that it is within the scope of Rule 1.280(b), Florida Rules of Civil Procedure; Plaintiff, MARSHA SUE PIDHERNEY, needs the opportunity to inspect these documents in preparation of this case; and that Plaintiff, MARSHA SUE PIDHERNEY, is unable, without undue hardship, to obtain the substantial equivalent by other means. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 23, 2021, I electronically filed the foregoing with the Clerk of the Courts by using the ECF system which will send a notice of electronic filing to the following: Matthew G. Minter, Esquire (matthew.minter@marioncountyfl.org; Donnita.martin@marioncountyfl.org). /s/ D. Graham Anderson D. Graham Anderson, Esq. Florida Bar No.: 62443 Bogin, Munns & Munns, P.A. 1390 N. Hancock Road, Suite 201 Clermont, FL 34711 (352)243-8981 Attorney for Plaintiff ganderson@boginmunns.com escherr@boginmunns.com aquintana@boginmunns.com bmmservice@boginmunns.com 1191743