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Filing # 134966479 E-Filed 09/21/2021 09:33:04 AM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT, IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NO.: CACE-21-016165
DIVISION: 08
SIMSON LIBERIS,
Plaintiff,
V
CURTIS BROWN and GEICO GENERAL
INSURANCE COMPANY,
Defendants.
i
DEFENDANT GEICO GENERAL INSURANCE COMPANY'S
FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
Defendant GEICO GENERAL INSURANCE COMPANY, by and through its undersigned
counsel and pursuant to Florida Rule of Civil Procedure 1.350, requests that Plaintiff SIMSON
LIBERIS produce for inspection, copying, or photographing at the offices of Smith, Gambrell &
Russell, LLP, within thirty (30) days of the date hereof, the materials described below.
I. DEFINITIONS
1. "Plaintiffmeans the SIN[SON LIBERIS, and any employee, agent or attorney for
Plaintiff,
Plaintiff and any other person acting for, or on behalf o f Plaintiff, or by Plaintiffs authority
or control.
2. "Defendant" or "GEICO" means the Defendant, GEICO GENERAL INSURANCE
COMPANY, and any employee, agent or
attorney for Defendant, and any other person
acting for or onbehalfof Defendant.
3 The terms "you" and "your" mean the party to whom this Request for Production is
directed, including the party's employees and agents and all other persons acting or
purporting to act on the party's behalf.
4. The terms "document" and "writing" mean any letters, correspondence,telegrams, cables,
telex messages, memoranda, records, financial statements, financial records, check stubs,
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/21/2021 09:33:04 AM.****
canceled checks, minutes, contracts, memoranda oftelephone or personal conversations or
conferences, interoffice communications, photographs, microfilm, microfiche, tape
recordings, bulletins, studies, summaries, analyses, notices, computer runs, and any codes
necessary to comprehend such runs, books, pamphlets, brochures, periodicals, charts,
graphs, indexes, blueprints, diagrams, drawings, and any other written, printed, typed,
recorded, or graphic matters of any nature whether produced or reproduced, including
copies and drafts of such documents, and in any form of recording, including but not
limited to, data storage on paper, computer, tape, microfilm, microfiche, electronic
recording device, or photographic recording.
5. The term "Accident" refers to the subject July 2,2018 automobile accident that is described
in the operative Complaint filed in this action.
II. INSTRUCTIONS
1. Any document as to which a claim of privilege is or will be asserted should be identified
by author, signatory, description(e.g., letter, memorandum,telex, recording, etc.), title (if
any), date, addresses (if any), general subject matter, present depository and present
custodian, and a complete statement o f the ground for the claim o f privilege should be set
forth.
2. If it is maintained that any document that is requested has been destroyed, set forth the
contents of the document, the date of such destruction and the name of the person who
authorized or directed such destruction.
3 If any of the documents cannot be produced in full, produce to the extent possible,
specifying the reasons for the inability to produce the remainder.
4. If informationis kept in a computer, on a computer disk, or in digital or computerizedform,
and that information is not available in a printed form, then also download a copy of that
information onto a disk or disks and produce those disks.
III. REQUESTS
1. All bills, invoices, or statements of charges for services,medications, products or care from
any healthcare providerthat Plaintiffclaims to be related to and/or caused by the Accident.
2. All records and reports from healthcare providers of any nature that Plaintiff claims to be
related to and/or caused by the Accident.
3. Any correspondence sent by or on behalf of or received
by or on behalf of
Plaintiff,
Plaintiff, to or from any healthcare provider,including hospitals,physicians,rehabilitation
services, physical therapy, etc., which pertains to any health or medical care or services
provided to Plaintiffwhich Plaintiffclaims to be related to or caused by the Accident.
2
4. All claim forms, reports of accident
injury, notices of claim, medical reports or other
or
written matter o f any kind or nature submitted by or on behalf o f Plaintiffto any insurance
carrier, whether under a liability, medical payments, or personal injury protection coverage
regarding the Accident.
5. All invoices, bills, statements or estimates which document, record or reflect any damages,
either personal or to property, which Plaintiff claims to be related to or caused by the
Accident.
6. All documents that support or document the amount of loss claimed by Plaintiff for past
wages and the amount of loss claimed by Plaintiff from alleged inability or diminished
ability to earn a living as a result of the Accident.
7. Copies of all joint or individualincome tax returns for Plaintiff, including all schedules and
W-2 forms, for the five years immediatelyprior to the Accident, the year of the Accident,
and any years subsequent to the Accident to the present.
8 Copies of any corporate or business income tax returns, including all schedules and
attachments, for any corporation, partnership or business in which Plaintiff had an
ownership interest for the five years immediatelyprior to the Accident through the present
date.
9. A copy of all audio, written or transcribed statements made or given by Plaintiffrelating
to the Accident.
10. A copy of all audio, written or transcribedstatements made or given by any Defendant, any
agent or employee of any Defendant, or any other party whose acts, omissions, or
statements are imputed to any Defendant.
11. A copy ofall audio, written or transcribedstatements made or given by any witness relating
or pertaining to the Accident.
12. A copy of all insurance policies and a copy of all health insurance cards for insurance
policies that afford coverage to Plaintiff for the Accident.
13. A copy of all correspondence or documents of any nature from any third party who claims
a lien, subrogationright or right of reimbursement as a result of payments made by or on
behalf o f Plaintiffbecause o f the Accident.
14. All photographs, motion pictures, videotapes or drawings of Plaintiff following the
Accidentpurporting to show his or her injuries and damages.
15. All photographs (in color), motion pictures, videotapes or drawings that pertain to any fact
or issue involved in this case.
3
16. Any and all photographs or videos of any and all surgeries undergone or medical care
received by Plaintiff as a result of the Accident.
17. A copy of Plaintiffs birth certificate,all marriage licenses, and records of service in any
branch ofthe Armed Forces including admission and discharge documents.
18. Copies of all prescriptionrecords which Plaintiff claims to be related to and/or caused by
the Accident.
19. Any accident reports made by any public agency or by any law enforcement organization
concerning the Accident.
20. Copies of allletters or notices, in any form, provided to collateral source providers pursuant
to section768.76(6), Florida Statutes.
21. A copy of all written documentationof any kind or nature that pertains to any claim of or
personal injuries made by Plaintiff during his/her lifetime, including but not limited to,
claim letters, responses from organizations or insurance companies, pleadings,depositions,
settlement agreements, releases and evidence ofpayments.
22. All documentary evidence ofbenefits or payments to Plaintiff or on his/her behalf, as well
as documents reflecting payments made to Plaintiff or on his/her behalf as a result of the
incident claimed herein including, but not limited to:
a. Disability payments pursuant to any Federal, State, or local acts;
b. Health, sickness, or disability income insurance;
C
Any payments by a group or organization,or other such entity with whom Plaintiff
contracted to provide or to pay for, or reimburse any costs that were allegedly
incurred as a result of this incident claimed herein;
d. Any wage, continuation plan provided by Plaintiff's employer; or
e. Any other collateral source, whatsoever, providingcompensation in whatever form
for damages incurred as a result of the incident alleged herein.
23. Copies of all employment records of Plaintifffor the five years immediately prior to the
Accident, the year of the incident, and any years subsequent to the incident to the present.
24. Alldiaries, chronologies, calendars, notes, or other documents prepared by Plaintiff or
anyone else regarding the Accident, including, but not limited to, the medical condition
and care provided to Plaintiff.
25. The PIP log/ledger related to any treatment Plaintiffreceivedfor the Accident.
26. All correspondence exchange between Plaintiff (or Plaintiff's representatives) and any
entity of GEICO related to policy number 4494142112 alleged in the Complaint, including
but not limited to, letters, policies and renewal documents.
4
27. All emails to or from and any entity of GEICO related to the
policy, any renewals and/or claim for UM benefits alleged in the Complaint.
28. Copies of all
policies of insurance, including automobile, motorcycle (cycle-guard) and/or
umbrella policies, which provided or could be construed as providing coverage to Plaintiff
for his or her alleged damages on the date of the Accident.
29. Copies of any automobile insurance
policies, or the declarations page, Plaintiff had prior
to any insurance policies with any GEICO entity.
30. Any records, recordings, summaries, notes, journals or logs kept by Plaintiffregarding
Plaintiff's application for procurement of, or renewal of, any insurance with any entity of
GEICO.
31. Copy of any insurance policy, or declarations page, which show Plaintiff ever carried or
purchased uninsured motorist coverage.
32. Copies of all Plaintiff's signed uninsured motorist selection or rejection form from any
carrier.
33. All documents supporting Plaintiff's claim that GEICO failed to fully comply with Fla.
Stat. 627.727(1) or (9).
SMITH, GAMBRELL & RUSSELL, LLP
By-. Dion K. Bass
Steven E. Brust
Florida Bar No.. 0832091
Email: sbrust@sgrlaw.com
Jill F. Bechtold
Florida Bar No.. 0017196
Email:
Jonathon D. Pressley
Florida Bar No.. 84579
Email:
Jennifer P. Lawson
Florida Bar No.. 119947
Email: jlawson@sgrlaw.com
Dion K. Bass
Florida Bar No.. 1002209
Email: dbass@sgrlaw.corn
Cassandra R. Daum
Florida Bar No.. 1002721
Email: cdaum@sgrlaw.com
5
50 N. Laura Street, Suite 2600
Jacksonville, Florida 32202
Tel:(904) 598-6100
Fax: (904) 598-6300
AttorneysMDefendant,
GEICO General Insurance Company
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was filed on September 21, 2021, using the
Florida Court's E-Filing Portal, which will send a copy to:
LAW OFFICES OF LUKE T. MOREAU, ESQ. THE POWELL LAW FIRM, P.A.
Luke T. Moreau, Esquire Brett C. Powell, Esquire
1761 N. Young Circle, Suite 3-343 17024 S.W 80th Court
Hollywood, FL 33020 Palmetto Bay, FL 33157
Phone: (954) 406-6757
Fax: (954) 212-9703 Co-Counsel.for Plaintiff
luke@lukemoreaulaw. com
com
ana@lukemoreaulaw. com
Co-Counsel.for the Plaintiff
SILVERSTEIN, SILVERSTEIN & LAW OFFICES OF
SILVERSTEIN, P.A. IVAN A. SCHERTZER
Gregg A. Silverstein, Esquire Ivan A.Schertzer, Esquire
504 Aventura Corporate Center 16211 N.E. 18th Avenue, Suite 100
20801 Biscayne Boulevard North Miami Beach, FL 33162-4751
Aventura, FL 33180 ivan@ivanschertzer.com
com Co-Counsel.for Plaintiff
gfresco@ssspa-law.com
Co-Counsel.for Plaintiff
/s/ Dion K. Bass
Attorney
6
Preview
Filing # 134966479 E-Filed 09/21/2021 09:33:04 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-016165 DIVISION: 08 SIMSON LIBERIS, Plaintiff, V CURTIS BROWN and GEICO GENERAL INSURANCE COMPANY, Defendants. i DEFENDANT GEICO GENERAL INSURANCE COMPANY'S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant GEICO GENERAL INSURANCE COMPANY, by and through its undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, requests that Plaintiff SIMSON LIBERIS produce for inspection, copying, or photographing at the offices of Smith, Gambrell & Russell, LLP, within thirty (30) days of the date hereof, the materials described below. I. DEFINITIONS 1. "Plaintiffmeans the SIN[SON LIBERIS, and any employee, agent or attorney for Plaintiff, Plaintiff and any other person acting for, or on behalf o f Plaintiff, or by Plaintiffs authority or control. 2. "Defendant" or "GEICO" means the Defendant, GEICO GENERAL INSURANCE COMPANY, and any employee, agent or attorney for Defendant, and any other person acting for or onbehalfof Defendant. 3 The terms "you" and "your" mean the party to whom this Request for Production is directed, including the party's employees and agents and all other persons acting or purporting to act on the party's behalf. 4. The terms "document" and "writing" mean any letters, correspondence,telegrams, cables, telex messages, memoranda, records, financial statements, financial records, check stubs, *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/21/2021 09:33:04 AM.**** canceled checks, minutes, contracts, memoranda oftelephone or personal conversations or conferences, interoffice communications, photographs, microfilm, microfiche, tape recordings, bulletins, studies, summaries, analyses, notices, computer runs, and any codes necessary to comprehend such runs, books, pamphlets, brochures, periodicals, charts, graphs, indexes, blueprints, diagrams, drawings, and any other written, printed, typed, recorded, or graphic matters of any nature whether produced or reproduced, including copies and drafts of such documents, and in any form of recording, including but not limited to, data storage on paper, computer, tape, microfilm, microfiche, electronic recording device, or photographic recording. 5. The term "Accident" refers to the subject July 2,2018 automobile accident that is described in the operative Complaint filed in this action. II. INSTRUCTIONS 1. Any document as to which a claim of privilege is or will be asserted should be identified by author, signatory, description(e.g., letter, memorandum,telex, recording, etc.), title (if any), date, addresses (if any), general subject matter, present depository and present custodian, and a complete statement o f the ground for the claim o f privilege should be set forth. 2. If it is maintained that any document that is requested has been destroyed, set forth the contents of the document, the date of such destruction and the name of the person who authorized or directed such destruction. 3 If any of the documents cannot be produced in full, produce to the extent possible, specifying the reasons for the inability to produce the remainder. 4. If informationis kept in a computer, on a computer disk, or in digital or computerizedform, and that information is not available in a printed form, then also download a copy of that information onto a disk or disks and produce those disks. III. REQUESTS 1. All bills, invoices, or statements of charges for services,medications, products or care from any healthcare providerthat Plaintiffclaims to be related to and/or caused by the Accident. 2. All records and reports from healthcare providers of any nature that Plaintiff claims to be related to and/or caused by the Accident. 3. Any correspondence sent by or on behalf of or received by or on behalf of Plaintiff, Plaintiff, to or from any healthcare provider,including hospitals,physicians,rehabilitation services, physical therapy, etc., which pertains to any health or medical care or services provided to Plaintiffwhich Plaintiffclaims to be related to or caused by the Accident. 2 4. All claim forms, reports of accident injury, notices of claim, medical reports or other or written matter o f any kind or nature submitted by or on behalf o f Plaintiffto any insurance carrier, whether under a liability, medical payments, or personal injury protection coverage regarding the Accident. 5. All invoices, bills, statements or estimates which document, record or reflect any damages, either personal or to property, which Plaintiff claims to be related to or caused by the Accident. 6. All documents that support or document the amount of loss claimed by Plaintiff for past wages and the amount of loss claimed by Plaintiff from alleged inability or diminished ability to earn a living as a result of the Accident. 7. Copies of all joint or individualincome tax returns for Plaintiff, including all schedules and W-2 forms, for the five years immediatelyprior to the Accident, the year of the Accident, and any years subsequent to the Accident to the present. 8 Copies of any corporate or business income tax returns, including all schedules and attachments, for any corporation, partnership or business in which Plaintiff had an ownership interest for the five years immediatelyprior to the Accident through the present date. 9. A copy of all audio, written or transcribed statements made or given by Plaintiffrelating to the Accident. 10. A copy of all audio, written or transcribedstatements made or given by any Defendant, any agent or employee of any Defendant, or any other party whose acts, omissions, or statements are imputed to any Defendant. 11. A copy ofall audio, written or transcribedstatements made or given by any witness relating or pertaining to the Accident. 12. A copy of all insurance policies and a copy of all health insurance cards for insurance policies that afford coverage to Plaintiff for the Accident. 13. A copy of all correspondence or documents of any nature from any third party who claims a lien, subrogationright or right of reimbursement as a result of payments made by or on behalf o f Plaintiffbecause o f the Accident. 14. All photographs, motion pictures, videotapes or drawings of Plaintiff following the Accidentpurporting to show his or her injuries and damages. 15. All photographs (in color), motion pictures, videotapes or drawings that pertain to any fact or issue involved in this case. 3 16. Any and all photographs or videos of any and all surgeries undergone or medical care received by Plaintiff as a result of the Accident. 17. A copy of Plaintiffs birth certificate,all marriage licenses, and records of service in any branch ofthe Armed Forces including admission and discharge documents. 18. Copies of all prescriptionrecords which Plaintiff claims to be related to and/or caused by the Accident. 19. Any accident reports made by any public agency or by any law enforcement organization concerning the Accident. 20. Copies of allletters or notices, in any form, provided to collateral source providers pursuant to section768.76(6), Florida Statutes. 21. A copy of all written documentationof any kind or nature that pertains to any claim of or personal injuries made by Plaintiff during his/her lifetime, including but not limited to, claim letters, responses from organizations or insurance companies, pleadings,depositions, settlement agreements, releases and evidence ofpayments. 22. All documentary evidence ofbenefits or payments to Plaintiff or on his/her behalf, as well as documents reflecting payments made to Plaintiff or on his/her behalf as a result of the incident claimed herein including, but not limited to: a. Disability payments pursuant to any Federal, State, or local acts; b. Health, sickness, or disability income insurance; C Any payments by a group or organization,or other such entity with whom Plaintiff contracted to provide or to pay for, or reimburse any costs that were allegedly incurred as a result of this incident claimed herein; d. Any wage, continuation plan provided by Plaintiff's employer; or e. Any other collateral source, whatsoever, providingcompensation in whatever form for damages incurred as a result of the incident alleged herein. 23. Copies of all employment records of Plaintifffor the five years immediately prior to the Accident, the year of the incident, and any years subsequent to the incident to the present. 24. Alldiaries, chronologies, calendars, notes, or other documents prepared by Plaintiff or anyone else regarding the Accident, including, but not limited to, the medical condition and care provided to Plaintiff. 25. The PIP log/ledger related to any treatment Plaintiffreceivedfor the Accident. 26. All correspondence exchange between Plaintiff (or Plaintiff's representatives) and any entity of GEICO related to policy number 4494142112 alleged in the Complaint, including but not limited to, letters, policies and renewal documents. 4 27. All emails to or from and any entity of GEICO related to the policy, any renewals and/or claim for UM benefits alleged in the Complaint. 28. Copies of all policies of insurance, including automobile, motorcycle (cycle-guard) and/or umbrella policies, which provided or could be construed as providing coverage to Plaintiff for his or her alleged damages on the date of the Accident. 29. Copies of any automobile insurance policies, or the declarations page, Plaintiff had prior to any insurance policies with any GEICO entity. 30. Any records, recordings, summaries, notes, journals or logs kept by Plaintiffregarding Plaintiff's application for procurement of, or renewal of, any insurance with any entity of GEICO. 31. Copy of any insurance policy, or declarations page, which show Plaintiff ever carried or purchased uninsured motorist coverage. 32. Copies of all Plaintiff's signed uninsured motorist selection or rejection form from any carrier. 33. All documents supporting Plaintiff's claim that GEICO failed to fully comply with Fla. Stat. 627.727(1) or (9). SMITH, GAMBRELL & RUSSELL, LLP By-. Dion K. Bass Steven E. Brust Florida Bar No.. 0832091 Email: sbrust@sgrlaw.com Jill F. Bechtold Florida Bar No.. 0017196 Email: Jonathon D. Pressley Florida Bar No.. 84579 Email: Jennifer P. Lawson Florida Bar No.. 119947 Email: jlawson@sgrlaw.com Dion K. Bass Florida Bar No.. 1002209 Email: dbass@sgrlaw.corn Cassandra R. Daum Florida Bar No.. 1002721 Email: cdaum@sgrlaw.com 5 50 N. Laura Street, Suite 2600 Jacksonville, Florida 32202 Tel:(904) 598-6100 Fax: (904) 598-6300 AttorneysMDefendant, GEICO General Insurance Company CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was filed on September 21, 2021, using the Florida Court's E-Filing Portal, which will send a copy to: LAW OFFICES OF LUKE T. MOREAU, ESQ. THE POWELL LAW FIRM, P.A. Luke T. Moreau, Esquire Brett C. Powell, Esquire 1761 N. Young Circle, Suite 3-343 17024 S.W 80th Court Hollywood, FL 33020 Palmetto Bay, FL 33157 Phone: (954) 406-6757 Fax: (954) 212-9703 Co-Counsel.for Plaintiff luke@lukemoreaulaw. com com ana@lukemoreaulaw. com Co-Counsel.for the Plaintiff SILVERSTEIN, SILVERSTEIN & LAW OFFICES OF SILVERSTEIN, P.A. IVAN A. SCHERTZER Gregg A. Silverstein, Esquire Ivan A.Schertzer, Esquire 504 Aventura Corporate Center 16211 N.E. 18th Avenue, Suite 100 20801 Biscayne Boulevard North Miami Beach, FL 33162-4751 Aventura, FL 33180 ivan@ivanschertzer.com com Co-Counsel.for Plaintiff gfresco@ssspa-law.com Co-Counsel.for Plaintiff /s/ Dion K. Bass Attorney 6