Preview
Filing # 110503941 E-Filed 07/20/2020 04:14:49 PM
20-9562
MRPIfib
IN THE CIRCUIT COURT OF THE 17™
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04)
(Judge Sandra Perlman)
Plaintiff,
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S
EXPERT INTERROGATORIES TO PLAINTFF
The Defendant, Citizens Property Insurance Corporation, by and through its undersigned
counsel, propounds the attached Interrogatories to the Plaintiffs, Jimmy Amaya and Amelis Ramos,
to be answered in writing and under oath within thirty (30) days pursuant to Florida Rule of Civil
Procedure 1.340
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been sent
by e-mail on this the 20th day of July, 2020, to Daniel Cruz, Esq., The Diener Firm, P.A., Attorneys
for Plaintiff, service@dienerfirm.com, daniel@dienerfirm.com, alissa@dienerfirm.com.
BRONSTEIN & CARMONA, P.A.
Attorneys for Defendant
8000 Peters Road, Suite A-200
Fort Lauderdale, FL 33324
(954) 358-0444 — Phone
(954) 358-0445 — Fax
service@bronstein-carmona.com
By: /s/.
Michael R. Podolsky
Florida Bar No: 105484
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/20/2020 04:14:48 PM.****Jimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
EXPERT INTERROGATORIES TO PLAINTIFF
As used herein, the following definitions apply:
INSTRUCTIONS
(a) The Interrogatories that follow are addressed to you and your responses shall be
based upon information known to you or within your possession, custody or control, whether it
is based on your personal knowledge or that of anyone acting on your behalf. The fact that the
information needed to answer an interrogatory is not a basis for a valid objection and is not
work product pursuant to the Author's Comments. Further, as it relates to a corporations or
partnerships, or associations, a party "must furnish such information as is available to the party
on whose behalf he answers." Id. This means that a party has a duty to make inquiry as will
enable the answerer to supply the answers, including doctors who performed IME exams or
Peer Reviews for insurance companies during the investigation phase of an insurance claim.
(b) The singular includes the plural, and vice versa; the words "and" and "or" shall be
either conjunctive or adjunctive in such a manner as to specify the broader meaning; the word
"all" means "any and all;" the word "any" means "any and all;" the word "including" means
"including without limitation;" the word "he" or "she" or any other masculine or feminine
pronoun include any individual regardless of gender.
(c) "Document" or "documents," as used herein shall be identified with particularity
such that a Request to Produce, or Subpoena may be issued to obtain a copy, and that term
shall include the original and any non-identical copies of any written, recorded, or graphic
matter, however produced or reproduced (whether by hand, mechanical, electronic,
photographic, or any other means), and includes the original, all copies, and drafts prepared in
connection with such document, whether used or not, and further includes, but is not limited to:Jimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
papers, books, records, catalogues, price lists, pamphlets, periodicals, communications, letters,
correspondence, e-mails, scrap books, notebooks, blue prints, meeting minutes (including
progress meeting minutes), bulletins, circulars, forms, notices, postcards, telegrams,
deposition transcripts, contracts, agreements, invoices, leases, reports, studies, working
papers, charts, proposals, graphs, sketches, diagrams, indexes, maps, analysis, statistical
records, reports, results of investigations, reviews, ledgers, journals, balance sheets,
accounts, books of accounts, invoices, vouchers, purchase orders, receipts, expense accounts,
canceled checks, bank checks, statements, sound and tape recordings, videotapes,
audiotapes, computer tapes or disks, including programming instructions, memoranda
(including any type or form of notes or form of notes, memoranda, or sound recordings of
personal thoughts, recollections, reminders, or of telephone or other conversations, or of acts,
activities, agreements, meetings or conferences), Photostats, microfilm, instruction lists or
forms, diaries, calendar or desk pads, stenographer notebooks, appointment books, and
other papers similar to any of the foregoing, however denominated, whether received by you
or prepared by you for your own use or transmittal. (d) | The term “communication” refers
to any message, statement or information, characterization, representation or any other
subject matter of any kind sent to or received by an person, whether in oral, written,
documentary, demonstrative, electronic, or any other form.
(e) The term "person" includes corporations, natural persons, partnerships, and shall
also include, but not be limited to joint stock companies, incorporated associations,
unincorporated associations or societies, municipal or other corporations, general or limited
partnerships, limited liability partnerships, limited liability companies, sole proprietorships,
associations, joint ventures, departments, agencies, divisions, a State, an agency or politicalJimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
subdivision, a court, or any other governmental entity or agency. The words "person" or
"persons" also mean a combination of any the foregoing entities and natural persons.
(f) As used herein, the terms "identify," "identification," "identity," or words of
similar import, when used in reference to: (a) a natural individual, require you to state his or
her full name, residential address, business address; (b) a corporation, require you to state the
full corporate name, and any names under which it does business.
(g) "Concerning" means, relating to, referring to, describing, evidencing, or constituting.
(h) — The information sought in these Interrogatories shall include any information
known by you, your employees, agents, experts, or any person hired by Defendant, any
employee of Defendant, or any agent of Defendant.
DEFENDANT’S INTERROGATORIES
1. Please state the names, addresses, and telephone numbers of each expert whom
you or your attorneys have listed on the pre-trial catalogue, or otherwise expect to call at trial,
and any expert that you have already utilized at any point in this case.
2. With regard to each expert as stated above, please state:
a) The expert witnesses profession, occupation or specialty, and the field in which
he/she is allegedly an expert.
b) The expert’s educational background, giving the name and address of each
school and/or institution he/she attended, and a description of each degree earned with dates
thereof.
c) The name of any professional or trade association, or societies of which he/she is
related or is a member, stating the status of each and the inclusive dates of such status.
d) The title, name of publications, name of publisher, subject matter, dates ofJimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
publication of any books, papers, articles, etc., authored by each such expert.
e) The specific opinions and subject matters the expert is expected to testify as to at
the time of trial, and/or has rendered an opinion on in relation to this case.
f) The substance of the facts that support each opinion that the expert will testify as
to, and/or rendered an opinion on.
g) A list of any documents that the expert has reviewed in preparation for providing
their expert opinion in this case.
h) Whether the expert’s opinions are final at this time.
3. With regard to the facts used to support the expert’s opinions, please state:
a) The name and address of the person supplying such facts.
b) The date such facts were supplied to the expert.
4. If any person named in any answer to this Interrogatory has submitted a written
report or opinion related to the subject matter of this case, state:
a) The name of the person submitting such written report or opinion.
b) The date of which such report or opinion was written.
c) The name and address of person to whom such report or opinion was submitted.
d) The name and the person who has present custody of this report.
5. Please state the amount of compensation paid to each expert as of the date of the
answers to these Interrogatories for this case, as well as the expert’s hourly rate charged for this
case. If the expert has multiple hourly rates, please state how many hours that expert has served
as an expert for each hourly rate in this case.
6. In response to Interrogatory number 1, please state the amount of hours the
expert has, is estimated to have spent, or is estimated to spend, performing the followingJimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
functions for this case:
a) Performed any kind of physical examination of the property in question.
b) Review of photographs, invoices, documentation, or other information relating to
the property in question.
c) Appeared at deposition for the instant case.
d) Appeared at trial for the instant case.
7. Please identify the amount of money each expert has been paid by this Plaintiff
or Plaintiff’s attorney within the preceding three years as an expert, for performing
inspections, re-inspections or evaluations of property damage claims, as an expert at trial, for
preparing affidavits, or for any other expert consulting, or for depositions or trials.
8. Please identify the amount of money each expert has been paid by Plaintiff or
Plaintiff’s attorney within the preceding three years as an expert, for performing inspections,
re-inspections or evaluations of property damage claims, as an expert at trial, for preparing
affidavits, or for any other expert consulting, or for depositions or trials.
9. Please identify all other cases, within the last three years, in which each of these
experts have testified by deposition or at trial. Please include the case name, case style, the name
of the judge, the name and address of the Plaintiff's attorney, the name and address of the
Defendant’s attorney, whether the expert testified for the Plaintiff or the Defendant, whether the
testimony was transcribed, the current location of copies of said transcriptions, and the name,
address, and telephone numbers of the Court reporters.
10. For each listed expert, please state for the last three years, an approximation of
the portion of the expert’s practice as an expert witness for Plaintiff and Defendant. This
approximation may be based upon the number of hours, percentage of hours, percentage ofJimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
earned income derived as serving as an expert witness.
1l. For the preceding three years, how many times has each expert performed
analysis, and/or rendered opinions for the Plaintiff, and how much has Plaintiff paid the expert in
total for their testimony in the past three years.
12. For the preceding three years, how many times has each expert performed
analysis, and/or rendered opinions for the Plaintiff's attorney, and how much has Plaintiff's
attorney has paid the expert in total for their testimony in the past three years.
13. For each expert, when the expert has rendered an expert opinion on behalf of
Plaintiff or Plaintiff's attorney, what percentage of cases has the expert stated at deposition or at
trial that all treatment rendered by the Plaintiff was reasonable, related, or medically necessary.
14. Please state approximately how much each expert has been paid in each of the
preceding three years for serving as an expert witness. (This question seeks information relating
to a total amount of money paid to the expert, regardless of the source, for expert opinion or
testimony).
15. | How much time has the expert spent to date in preparing their expert opinion on
this case?Jimmy Amaya & Amelis Ramos v. Citizens
CASE NO. CACE 19-021027 (04)
By:
, Plaintiff
STATE OF FLORIDA )
) SS.
COUNTY OF )
Sworn to and subscribed before me by means of 1) physical presence or 0 online
notarization, this day of , 2020 by , Plaintiff, who,
having been by me first duly sworn, deposed and stated that the attached answers to
Interrogatories are true and correct to the best of his/her knowledge, information and belief.
Notary Public, State of Florida
Printed Name of Notary
Personally Known OR Produced Identification
Type of Identification Produced
SEAL
Preview
Filing # 110503941 E-Filed 07/20/2020 04:14:49 PM 20-9562 MRPIfib IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JIMMY AMAYA & AMELIS RAMOS, CASE NO. CACE 19-021027 (04) (Judge Sandra Perlman) Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT, CITIZENS PROPERTY INSURANCE CORPORATION’S EXPERT INTERROGATORIES TO PLAINTFF The Defendant, Citizens Property Insurance Corporation, by and through its undersigned counsel, propounds the attached Interrogatories to the Plaintiffs, Jimmy Amaya and Amelis Ramos, to be answered in writing and under oath within thirty (30) days pursuant to Florida Rule of Civil Procedure 1.340 I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been sent by e-mail on this the 20th day of July, 2020, to Daniel Cruz, Esq., The Diener Firm, P.A., Attorneys for Plaintiff, service@dienerfirm.com, daniel@dienerfirm.com, alissa@dienerfirm.com. BRONSTEIN & CARMONA, P.A. Attorneys for Defendant 8000 Peters Road, Suite A-200 Fort Lauderdale, FL 33324 (954) 358-0444 — Phone (954) 358-0445 — Fax service@bronstein-carmona.com By: /s/. Michael R. Podolsky Florida Bar No: 105484 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/20/2020 04:14:48 PM.****Jimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) EXPERT INTERROGATORIES TO PLAINTIFF As used herein, the following definitions apply: INSTRUCTIONS (a) The Interrogatories that follow are addressed to you and your responses shall be based upon information known to you or within your possession, custody or control, whether it is based on your personal knowledge or that of anyone acting on your behalf. The fact that the information needed to answer an interrogatory is not a basis for a valid objection and is not work product pursuant to the Author's Comments. Further, as it relates to a corporations or partnerships, or associations, a party "must furnish such information as is available to the party on whose behalf he answers." Id. This means that a party has a duty to make inquiry as will enable the answerer to supply the answers, including doctors who performed IME exams or Peer Reviews for insurance companies during the investigation phase of an insurance claim. (b) The singular includes the plural, and vice versa; the words "and" and "or" shall be either conjunctive or adjunctive in such a manner as to specify the broader meaning; the word "all" means "any and all;" the word "any" means "any and all;" the word "including" means "including without limitation;" the word "he" or "she" or any other masculine or feminine pronoun include any individual regardless of gender. (c) "Document" or "documents," as used herein shall be identified with particularity such that a Request to Produce, or Subpoena may be issued to obtain a copy, and that term shall include the original and any non-identical copies of any written, recorded, or graphic matter, however produced or reproduced (whether by hand, mechanical, electronic, photographic, or any other means), and includes the original, all copies, and drafts prepared in connection with such document, whether used or not, and further includes, but is not limited to:Jimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) papers, books, records, catalogues, price lists, pamphlets, periodicals, communications, letters, correspondence, e-mails, scrap books, notebooks, blue prints, meeting minutes (including progress meeting minutes), bulletins, circulars, forms, notices, postcards, telegrams, deposition transcripts, contracts, agreements, invoices, leases, reports, studies, working papers, charts, proposals, graphs, sketches, diagrams, indexes, maps, analysis, statistical records, reports, results of investigations, reviews, ledgers, journals, balance sheets, accounts, books of accounts, invoices, vouchers, purchase orders, receipts, expense accounts, canceled checks, bank checks, statements, sound and tape recordings, videotapes, audiotapes, computer tapes or disks, including programming instructions, memoranda (including any type or form of notes or form of notes, memoranda, or sound recordings of personal thoughts, recollections, reminders, or of telephone or other conversations, or of acts, activities, agreements, meetings or conferences), Photostats, microfilm, instruction lists or forms, diaries, calendar or desk pads, stenographer notebooks, appointment books, and other papers similar to any of the foregoing, however denominated, whether received by you or prepared by you for your own use or transmittal. (d) | The term “communication” refers to any message, statement or information, characterization, representation or any other subject matter of any kind sent to or received by an person, whether in oral, written, documentary, demonstrative, electronic, or any other form. (e) The term "person" includes corporations, natural persons, partnerships, and shall also include, but not be limited to joint stock companies, incorporated associations, unincorporated associations or societies, municipal or other corporations, general or limited partnerships, limited liability partnerships, limited liability companies, sole proprietorships, associations, joint ventures, departments, agencies, divisions, a State, an agency or politicalJimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) subdivision, a court, or any other governmental entity or agency. The words "person" or "persons" also mean a combination of any the foregoing entities and natural persons. (f) As used herein, the terms "identify," "identification," "identity," or words of similar import, when used in reference to: (a) a natural individual, require you to state his or her full name, residential address, business address; (b) a corporation, require you to state the full corporate name, and any names under which it does business. (g) "Concerning" means, relating to, referring to, describing, evidencing, or constituting. (h) — The information sought in these Interrogatories shall include any information known by you, your employees, agents, experts, or any person hired by Defendant, any employee of Defendant, or any agent of Defendant. DEFENDANT’S INTERROGATORIES 1. Please state the names, addresses, and telephone numbers of each expert whom you or your attorneys have listed on the pre-trial catalogue, or otherwise expect to call at trial, and any expert that you have already utilized at any point in this case. 2. With regard to each expert as stated above, please state: a) The expert witnesses profession, occupation or specialty, and the field in which he/she is allegedly an expert. b) The expert’s educational background, giving the name and address of each school and/or institution he/she attended, and a description of each degree earned with dates thereof. c) The name of any professional or trade association, or societies of which he/she is related or is a member, stating the status of each and the inclusive dates of such status. d) The title, name of publications, name of publisher, subject matter, dates ofJimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) publication of any books, papers, articles, etc., authored by each such expert. e) The specific opinions and subject matters the expert is expected to testify as to at the time of trial, and/or has rendered an opinion on in relation to this case. f) The substance of the facts that support each opinion that the expert will testify as to, and/or rendered an opinion on. g) A list of any documents that the expert has reviewed in preparation for providing their expert opinion in this case. h) Whether the expert’s opinions are final at this time. 3. With regard to the facts used to support the expert’s opinions, please state: a) The name and address of the person supplying such facts. b) The date such facts were supplied to the expert. 4. If any person named in any answer to this Interrogatory has submitted a written report or opinion related to the subject matter of this case, state: a) The name of the person submitting such written report or opinion. b) The date of which such report or opinion was written. c) The name and address of person to whom such report or opinion was submitted. d) The name and the person who has present custody of this report. 5. Please state the amount of compensation paid to each expert as of the date of the answers to these Interrogatories for this case, as well as the expert’s hourly rate charged for this case. If the expert has multiple hourly rates, please state how many hours that expert has served as an expert for each hourly rate in this case. 6. In response to Interrogatory number 1, please state the amount of hours the expert has, is estimated to have spent, or is estimated to spend, performing the followingJimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) functions for this case: a) Performed any kind of physical examination of the property in question. b) Review of photographs, invoices, documentation, or other information relating to the property in question. c) Appeared at deposition for the instant case. d) Appeared at trial for the instant case. 7. Please identify the amount of money each expert has been paid by this Plaintiff or Plaintiff’s attorney within the preceding three years as an expert, for performing inspections, re-inspections or evaluations of property damage claims, as an expert at trial, for preparing affidavits, or for any other expert consulting, or for depositions or trials. 8. Please identify the amount of money each expert has been paid by Plaintiff or Plaintiff’s attorney within the preceding three years as an expert, for performing inspections, re-inspections or evaluations of property damage claims, as an expert at trial, for preparing affidavits, or for any other expert consulting, or for depositions or trials. 9. Please identify all other cases, within the last three years, in which each of these experts have testified by deposition or at trial. Please include the case name, case style, the name of the judge, the name and address of the Plaintiff's attorney, the name and address of the Defendant’s attorney, whether the expert testified for the Plaintiff or the Defendant, whether the testimony was transcribed, the current location of copies of said transcriptions, and the name, address, and telephone numbers of the Court reporters. 10. For each listed expert, please state for the last three years, an approximation of the portion of the expert’s practice as an expert witness for Plaintiff and Defendant. This approximation may be based upon the number of hours, percentage of hours, percentage ofJimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) earned income derived as serving as an expert witness. 1l. For the preceding three years, how many times has each expert performed analysis, and/or rendered opinions for the Plaintiff, and how much has Plaintiff paid the expert in total for their testimony in the past three years. 12. For the preceding three years, how many times has each expert performed analysis, and/or rendered opinions for the Plaintiff's attorney, and how much has Plaintiff's attorney has paid the expert in total for their testimony in the past three years. 13. For each expert, when the expert has rendered an expert opinion on behalf of Plaintiff or Plaintiff's attorney, what percentage of cases has the expert stated at deposition or at trial that all treatment rendered by the Plaintiff was reasonable, related, or medically necessary. 14. Please state approximately how much each expert has been paid in each of the preceding three years for serving as an expert witness. (This question seeks information relating to a total amount of money paid to the expert, regardless of the source, for expert opinion or testimony). 15. | How much time has the expert spent to date in preparing their expert opinion on this case?Jimmy Amaya & Amelis Ramos v. Citizens CASE NO. CACE 19-021027 (04) By: , Plaintiff STATE OF FLORIDA ) ) SS. COUNTY OF ) Sworn to and subscribed before me by means of 1) physical presence or 0 online notarization, this day of , 2020 by , Plaintiff, who, having been by me first duly sworn, deposed and stated that the attached answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. Notary Public, State of Florida Printed Name of Notary Personally Known OR Produced Identification Type of Identification Produced SEAL