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Case Number: CACE-19-021361 Division: 25
Filing # 97313220 E-Filed 10/15/2019 03:22:33 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
RICARDO CAYOBIT AND ROLAND CAYUBIT,
Plaintiff,
v.
UNITED PROPERTY AND CASUALTY INSURANCE
COMPANY
Defendant. Case No.:
NOTICE OF TAKING DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersigned attorney will take the deposition(s) of:
DEPONENT DATE AND TIME LOCATION
For a mutually convenient
date and time T.B.D. by the
parties. Said deposition shall
take place within 60 days
from service of this notice
Field Adjuster T.B.D.
upon oral examination before a Notary Public in and for the State of Florida, or any other officer
duly authorized to administer oaths by the laws of the state.
The deposition(s) is/are being taken for the purpose of discovery, for use at trial, or for
such other purposes as are permitted under the applicable and governing rules. The deposition
will continue from day to day until completed.
Deponent must bring Defendant’s complete file for the subject claim and/or other
materials in Defendant’s possession that supports or illustrates Defendant’s position or
allegations regarding the above-stated areas of inquiry. The claim file materials need not be
produced nor discussed in particular to the extent that they consist of privileged work product,
but the deponent must bring the file so there will be no need to respond to any otherwise non-
objectionable question with words to the effect of, “I cannot answer because I do not have the
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/15/2019 03:22:30 PM.****file with me.” Any such answer will result in the continuation of the deposition and the filing by
Plaintiff of a Motion for Sanctions to recover expenses associated with said continuation. The
deponent should also be prepared to answer questions regarding non-privileged documents that
were produced or referenced in Defendant’s discovery responses, including (but not limited to)
the Policy of Insurance and Defendant’s denial letter(s), copies of which will be brought to the
deposition by Plaintiff's counsel and may be marked as exhibits thereto.
In an effort to expedite the deposition(s), Plaintiff's counsel requests that the requested
documents responsive to the attached “Schedule A” be produced at least ten (10) days before the
date of the deposition(s), to allow parties to conduct the deposition quickly and efficiently. This
will eliminate the need for Plaintiff's counsel having to review the documents for the first time at
the deposition(s) with deponent(s). Plaintiff will reimburse deponent(s) for all reasonable costs
associated with producing the requested documents prior to deposition.
Further, to the extent any privilege or confidentiality is claimed to apply to the requested
documents, the deponent(s) are directed to bring such responsive documents to the deposition(s)
so that they can fully answer all of counsel’s questioning. However, a privilege log as
contemplated under Florida Rules of Civil Procedure 1.280(b)(5) may be produced 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(s) for the deponent to review during the
deposition(s) in order to fully answer all questions. Plaintiff stipulates that such review of
documents over which a privilege claim has been asserted by any deponent(s) will not be
deemed a waiver of any claimed privilege.CERTIFICATE OF SERVICE
IT HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
Defendant by the Insurance Commissioner of the State of Florida.
Respectfully submitted,
LEVY & PARTNERS, PLLC
Attorneys for Plaintiff
3230 Stirling Road, Suite 1
Hollywood, Florida 33021
(954) 727-8570 — Telephone
(954) 241-6857 — Facsimile
Robin@lawlp.com - E-Mail
Maritza@lawlp.com - Secondary Service
By: /s/ Robin A. Richison
ROBIN A. RICHISON, Esq.
Florida Bar No.: 42009SCHEDULE A
All documents you reviewed in preparation for this deposition that you will rely on in
providing your testimony.
All documents you reviewed in refreshing your recollection in preparation for your
deposition testimony.
For any documents which are protected by a claim of privilege or confidentiality, provide
a privilege log as contemplated by Florida Rule of Civil Procedure 1.280(b)(5).
The Complete original written, printed, and electronic claim file(s) of Defendant and its
adjusters and all other independent or third party adjusters involved in adjusting,
inspecting and handling of the Plaintiffs claim or loss (cover-to-cover), from the home
office regional office and local office regarding the claim that is the subject of this matter
including but not limited to:
A. All letters, memoranda and other forms or written or computerized
communication to or from any employee of Defendant that concern, refer, or
relate in any way to the adjusting processing or handling of the claim at issue in
this action.
B. All written or computerized records of any oral communication, whether in
person or by telephone to or from any employee of Defendant that concern, refer,
or relate in any way to the processing of the claim at issue in this action.
Cc. All written or computerized communications and written or computerized records
of oral communication, whether in person or by telephone, between any
employee, representative or agent of Defendant and Plaintiff, or her
representations or agents that concem refer, or relate in any way to their claim(s)
at issue in this action.
D. All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any
employee of Defendant and any adjuster that concern, refer or relate in any way to
that claim at issue in this action.
E. All written or computerized records of any investigation or adjustment activities
by Defendant and its adjusters, from the date the loss was reported through the
date of this lawsuit or the date litigation was first reasonably anticipated,
conducted in connection with the claim at issue in this action.
F. All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, to or from any
employee of Defendant and its adjusters that concern, refer or relate in any way to
the decision to pay, deny, withhold, delay payment or conditionally or partially
pay Plaintiff's claim.G. All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between Plaintiff and
any employee of Defendant and its adjusters that concern, refer or relate in any
way to the decision by any employee of Defendant to pay, deny, withhold, delay
payment or conditionally or partially pay Plaintiffs claim.
H. All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any
employee of Defendant and any third party that concern, refer, or relate in any
way to the decision by any employee of Defendant to pay, deny, withhold, delay
payment or conditionally or partially pay Plaintiff's claim.
I. All activity logs, diaries, claim notes or logs created by any adjuster, claim
representative, manager, or supervisor of Defendant or third party adjusters during
the adjustment of Plaintiffs claim up until the date of the lawsuit or the date
Defendant reasonably anticipated litigation in connection with the claim at issue
in this action.
J. The file folders in which the preceding documents are kept.
K. All reports and correspondence.
L. Tapes: Video and audio.
M. Photographs and original negatives.
Copies of all documentation of whatever kind of nature in your possession, custody of
control concerning Plaintiff's claim of loss, and all files relating to Plaintiff's claim for
damages to the Insured Property, including but not limited to, certified copies of any
applicable insurance policies, recorded statements, documentation of the claim such as
proofs of loss, damage estimates, reports or memoranda by Defendant’s adjuster(s)
regarding the extent of damage and the reasons for payment, delay of payment,
withholding of payment, or denial of payment on the claim at issue.
All checks reflecting payments made to Plaintiff to date.
A certified copy of the policy of insurance in effect at the time of the loss.
Copies of all summaries of statements made by Plaintiff and all recorded or transcribed
statements taken by you, your representative(s) and/or your attorneys or Plaintiff, relating
to any of the issues in this case.
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Case Number: CACE-19-021361 Division: 25 Filing # 97313220 E-Filed 10/15/2019 03:22:33 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA RICARDO CAYOBIT AND ROLAND CAYUBIT, Plaintiff, v. UNITED PROPERTY AND CASUALTY INSURANCE COMPANY Defendant. Case No.: NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned attorney will take the deposition(s) of: DEPONENT DATE AND TIME LOCATION For a mutually convenient date and time T.B.D. by the parties. Said deposition shall take place within 60 days from service of this notice Field Adjuster T.B.D. upon oral examination before a Notary Public in and for the State of Florida, or any other officer duly authorized to administer oaths by the laws of the state. The deposition(s) is/are being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicable and governing rules. The deposition will continue from day to day until completed. Deponent must bring Defendant’s complete file for the subject claim and/or other materials in Defendant’s possession that supports or illustrates Defendant’s position or allegations regarding the above-stated areas of inquiry. The claim file materials need not be produced nor discussed in particular to the extent that they consist of privileged work product, but the deponent must bring the file so there will be no need to respond to any otherwise non- objectionable question with words to the effect of, “I cannot answer because I do not have the *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/15/2019 03:22:30 PM.****file with me.” Any such answer will result in the continuation of the deposition and the filing by Plaintiff of a Motion for Sanctions to recover expenses associated with said continuation. The deponent should also be prepared to answer questions regarding non-privileged documents that were produced or referenced in Defendant’s discovery responses, including (but not limited to) the Policy of Insurance and Defendant’s denial letter(s), copies of which will be brought to the deposition by Plaintiff's counsel and may be marked as exhibits thereto. In an effort to expedite the deposition(s), Plaintiff's counsel requests that the requested documents responsive to the attached “Schedule A” be produced at least ten (10) days before the date of the deposition(s), to allow parties to conduct the deposition quickly and efficiently. This will eliminate the need for Plaintiff's counsel having to review the documents for the first time at the deposition(s) with deponent(s). Plaintiff will reimburse deponent(s) for all reasonable costs associated with producing the requested documents prior to deposition. Further, to the extent any privilege or confidentiality is claimed to apply to the requested documents, the deponent(s) are directed to bring such responsive documents to the deposition(s) so that they can fully answer all of counsel’s questioning. However, a privilege log as contemplated under Florida Rules of Civil Procedure 1.280(b)(5) may be produced 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(s) for the deponent to review during the deposition(s) in order to fully answer all questions. Plaintiff stipulates that such review of documents over which a privilege claim has been asserted by any deponent(s) will not be deemed a waiver of any claimed privilege.CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing was served upon Defendant by the Insurance Commissioner of the State of Florida. Respectfully submitted, LEVY & PARTNERS, PLLC Attorneys for Plaintiff 3230 Stirling Road, Suite 1 Hollywood, Florida 33021 (954) 727-8570 — Telephone (954) 241-6857 — Facsimile Robin@lawlp.com - E-Mail Maritza@lawlp.com - Secondary Service By: /s/ Robin A. Richison ROBIN A. RICHISON, Esq. Florida Bar No.: 42009SCHEDULE A All documents you reviewed in preparation for this deposition that you will rely on in providing your testimony. All documents you reviewed in refreshing your recollection in preparation for your deposition testimony. For any documents which are protected by a claim of privilege or confidentiality, provide a privilege log as contemplated by Florida Rule of Civil Procedure 1.280(b)(5). The Complete original written, printed, and electronic claim file(s) of Defendant and its adjusters and all other independent or third party adjusters involved in adjusting, inspecting and handling of the Plaintiffs claim or loss (cover-to-cover), from the home office regional office and local office regarding the claim that is the subject of this matter including but not limited to: A. All letters, memoranda and other forms or written or computerized communication to or from any employee of Defendant that concern, refer, or relate in any way to the adjusting processing or handling of the claim at issue in this action. B. All written or computerized records of any oral communication, whether in person or by telephone to or from any employee of Defendant that concern, refer, or relate in any way to the processing of the claim at issue in this action. Cc. All written or computerized communications and written or computerized records of oral communication, whether in person or by telephone, between any employee, representative or agent of Defendant and Plaintiff, or her representations or agents that concem refer, or relate in any way to their claim(s) at issue in this action. D. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any adjuster that concern, refer or relate in any way to that claim at issue in this action. E. All written or computerized records of any investigation or adjustment activities by Defendant and its adjusters, from the date the loss was reported through the date of this lawsuit or the date litigation was first reasonably anticipated, conducted in connection with the claim at issue in this action. F. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, to or from any employee of Defendant and its adjusters that concern, refer or relate in any way to the decision to pay, deny, withhold, delay payment or conditionally or partially pay Plaintiff's claim.G. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between Plaintiff and any employee of Defendant and its adjusters that concern, refer or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delay payment or conditionally or partially pay Plaintiffs claim. H. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any third party that concern, refer, or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delay payment or conditionally or partially pay Plaintiff's claim. I. All activity logs, diaries, claim notes or logs created by any adjuster, claim representative, manager, or supervisor of Defendant or third party adjusters during the adjustment of Plaintiffs claim up until the date of the lawsuit or the date Defendant reasonably anticipated litigation in connection with the claim at issue in this action. J. The file folders in which the preceding documents are kept. K. All reports and correspondence. L. Tapes: Video and audio. M. Photographs and original negatives. Copies of all documentation of whatever kind of nature in your possession, custody of control concerning Plaintiff's claim of loss, and all files relating to Plaintiff's claim for damages to the Insured Property, including but not limited to, certified copies of any applicable insurance policies, recorded statements, documentation of the claim such as proofs of loss, damage estimates, reports or memoranda by Defendant’s adjuster(s) regarding the extent of damage and the reasons for payment, delay of payment, withholding of payment, or denial of payment on the claim at issue. All checks reflecting payments made to Plaintiff to date. A certified copy of the policy of insurance in effect at the time of the loss. Copies of all summaries of statements made by Plaintiff and all recorded or transcribed statements taken by you, your representative(s) and/or your attorneys or Plaintiff, relating to any of the issues in this case.