Preview
Filing# 140082376 E-Filed 12/09/2021 05:42:00 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL
CIRCUIT
IN
AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE21-016125 (03)
SELMA CURTIS,
Plaintiff,
VS.
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant,
1
DEFENDANT'S EX-PARTE MOTION TO COMPEL DISCOVERY
COMES NOW, Defendant, STATE FARM their Ex-Parte Motion to Compel the
Plaintiffs Answers to Defendant's Interrogatoriesand Response to Defendant's Request for
Production, and states as follows:
1.
That on or about September 9, 2021, the Defendant propounded Interrogatories
and
Requests for Production upon the Plaintiff (attachedhereto as Exhibit "A")
2.
That the Plaintiffs Answers to Defendant's Interrogatories
and Responses to request for
Production were due on or about October 8,2021.
3.
That on or about October 11, 2021, the Plaintiff filed a Motion for Extension of Time to
Respond to Defendant's Discovery (attachedhereto as Exhibit "B").
4.
Plaintiff neglectedto present a proposed Agreed Order on Plaintiff s untimelyMotion for
Extension of Time filed on October 11,2021.
[6131019/1]
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/09/2021 05:42:00 PM.****
5.
On December 1, 2021, this Law Office sent a good faith email to Plaintiff's Counsel giving
them time to avoid filinga Motion to Compel (attachedhereto as Exhibit "C")..
6.
As of the date of the filingof this Motion Plaintiff has failed to present Defense Counsel
with a proposed Agreed Order on Plaintiff s Motion for Extension of Time to respond to
Defendant's Discovery request, and neglected to respond to Defendant's Request in
violation of the applicableFlorida Rules of Civil Procedure and Court Order.
7.
That this discovery is essential to the proper defense of this case and the Plaintiffs failure
to comply with the court order dated November 8, 2021 has caused substantial delay and
unfair prejudiceto the Defendant.
WHEREFORE, the Defendant, STATE FARM FLORIDA INSURANCE COMPANY,
respectfully
requests this Honorable Court enter an Order compellingthe Plaintiff to Answer the
Defendant's Interrogatories
and Respond to the Defendant's Request for Production within 10 days of
this Court's Order, and grant any other relief this Honorable Court may deem justand proper.
CERTIFICATE OF SERVICE
I hereby certifythat a true and correct copy of the foregoing was served by E-Mail on
December 8,2021 to: Alicia Pokhoy ESQ., The Property People FL, P.A., 117 NE 1st Ave, Unit
15-104, Miami, FL 33132, Service@PropertyPeopleLaw.com;alicia@propertypeoplelaw.com.
KIRWAN, SPELLACY, DANNER,
WATKINS & BROWNSTEIN, P.A.
Attorneys for Defendant
200 South Andrews Avenue, 8th Floor
Fort Lauderdale, FL 33301
t: (954) 463-3008
f: (954) 463-3010
Pleadings:pleadings@kirwanspellacy.com
BY:VR. Rra-n Smith. Esq.
R. RYAN SMITH
FLORIDA BAR NO. 119396
RRS/wh
[61310]9/1]
ixhib it"A
A 99
[613]019/1]
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO: CACE21-016125 (03)
SELMA CURTIS,
Plaintiff,
VS.
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant,
i
DEFENDANT'S NOTICE OF FII.ING FIRST SET OF INTERROGATORIES TO
PLAINTIFF
COMES NOW, the Defendant, State Farm Florida Insurance Company, by and
through the undersignedcounsel, and pursuant to Florida Rules of Civil Procedure,hereby
propounds the attached Defendant's First Set of Interrogatories
to Plaintiff(s)
to respond to
within thirty(30)days.
CERTIFICATE OF SERVICE
I hereby certify
that a true and correct copy of the foregoingwas served by E-Mail on
September 9, 2021 to: Daniel M, Ilani,ESQ., The PropertyPeople FL, P.A., 117 NE lst Ave,
Unit
15-104,
Miami,
FL
33132,
Service@PropertyPeopleLaw.com;Danny@PropertyPeopleLaw.com.
KIRWAN,
SPELLACY,
DANNER,
WATKINS & BROWNSTEIN, P.A.
Attorneysfor Defendant
200 South Andrews Avenue
8th Floor
Fort Lauderdale, FL 33301
t: (954)463-3008
f: (954) 463-3010
Pleadings:pleadings@kirwanspellacy.com
BY: /s/ R. RYAN SMITH
R. RYAN SMITH
FLORIDA BAR NO, 119396
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO: CACE21-016125 (03)
SELMA CURTIS,
Plaintiff,
VS.
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant,
i
DEFENDANT'S FIRST SET OF INTERROGATOIUES TO PLAIETIFF
COMES NOW, the Defendant, State Farm Florida Insurance Company, by and
through the undersignedcounsel, and pursuant to Florida Rules of Civil Procedure, hereby
propound the attached Defendant's First Set of Interrogatories
to Plaintiff(s)
to respondto within
thirty(30)days.
INSTRUCTIONS
(a)
All information is to be divulged which is in your possessionand control,or within the
possession and control of your
attorneys, investigators,
agents,
employees or other
representatives.
To the extent an interrogatorycalls for information which cannot now be
preciselyand completelyfurnished,such information as can be furnished should be included in
the answer, togetherwith a statement that the further information cannot be furnished,and a
statement as to the reasons therefore.
If the information which cannot now be furnished is
believed to be available to another person, identifysuch other person and the reasons for
believingsuch person has the described information.
[5991630/1]
(b)
In the event any interrogatory
herein calls for information or for the identification of a
document which Plaintiff(s)
deems to be privileged,
in whole or in part,the information should
be given or the document identified to the fullest extent possibleconsistent with such claim of
privilege,
and the Plaintiff(s)
should state the nature of the privilege
claimed and specifythe
grounds relied upon for the claim of privilege.
(c)
A separate answer shall be furnished for each interrogatory,
althoughwhere the context
permitsan interrogatory
may be answered by reference to the answer furnished to another
interrogatory.
(d)
You are reminded that all answers must be made separatelyand fully,and that an
incompleteor evasive answer is a failure to answer.
(e)
You are under a continuingdutyto seasonablysupplementyour responses with respect to
any questionsdirectlyaddressed to identifyand/or locate persons or organizations
having
knowledge of discoverable matters pursuant to Florida Rules of Civil Procedure.
(f)
If propounded jointly,
the derivative Plaintiffs shall answer only that portionof each
questionthat is applicable.
DEFINITIONS
(a)
The words "you," "yours" and/or "yourselves"means Plaintiff(s),
individually
and any
agents, representatives
or other persons acting,or purportingto act, on behalf of Plaintiff(s),
individually,
including,
unless privileged,
their attorneys.
(b)
The singularshall include the pluraland vice versa; the terms "and" or "or" shall be both
conjunctiveand disjunctive;
and the term "including"means "including
without limitation".
[5991630/1]
(C)
"Date" shall mean the exact date, month and year, if ascertainable or, if not, the best
approximation
of the date (basedupon relationship
with other events).If a date is approximated
pleasestate so in your response.
(d)
The terms "document" and documents" shall mean any writing,recordingor photograph
in your actual or constructive possession,
custody,care or control,which
pertain directlyor
indirectly,
in whole or in part,either to any of the subjectslisted below or to any other matter
relevant to the issues in this action,or which are themselves listed below or to any documents,
includingbut not limited to: correspondence,memoranda, notes, messages, diaries,minutes,
books,reports,charts,ledgers,
invoices,computer printouts,
microfilms,
video tapes or
tape
recordings.
(e)
"Agent" shall mean: any attorney, independentcontractor or any other person actingat
the direction or on behalf of another.
(f)
"Person"
shall
mean any natural person, corporation,association,organization,
partnership,
or any other business enterprise,
governmental
body, group, business entityor other
entity.
(g)
The words "pertain
to" or "pertaining
to" mean" relates to, refers to, contains,concerns,
describes,
embodies, mentions,constitutes,
constituting,
supports,corroborates,
demonstrates,
proves, evidences,shows, refutes,disputes,
rebuts,controverts or contradicts.
(h)
The term "third party" or "third parties"
refers to individuals or entities that are not a
partyto this action.
(i)
The term "action" and/or "suit" shall mean the case titled as captionedabove in this
pleading.
[5991630/1]
(j)
As used herein,the words "identify"and "identification" when used in reference to
an
individual person, mean to state his full name, present address,if known, and
his
present
employment positionand business affiliation.When used in reference to a person other than an
individual person, "identifyand "identification" mean to state whether such a person is a
corporation,
partnership
or other organization,
and the name, present address, and principal
place
of business. Once any person has been identified properly,it shall be sufficient thereafter when
identifying
that same person to state his name only.
(k)
The words "identifyand "identification",
when used in reference to documents, means
and includes the name and address of the custodian of the document, the location of the
document, a generaldescription
of the document, including(i)the type
of
document,
e,g.,
correspondence,memorandum, facsimile,etc.; (ii)the generalsubjectmatter of the document;
(iii)
the date of the document; (iv)the author of the document; (v)the address of the document;
and (vi)the relationship
o f the author and address to each other.
"',
(1)
The words "or,' and," "all,""any" and similar words of guidanceare intended merelyas
such and should not be construed as words of limitation, The words "or" and "and" shall include
each other whenever possibleto expand, not restrict,
the scope ofthe document request.
(m)
The term "Plaintiff' or "Plaintiffs" refers to the Plaintiff(s)
as captionedabove in this
pleadingor any other person(s)actingfor or on their behalf.
(n)
The term "Defendanf' or "Defendants" refers to the Defendant(s)as captionedabove in
this pleadingor any other person(s)actingfor or on their behalf.
(o)
The term "subjectproperty"refers to the buildingand/or personalproperty located at the
address as described in your Complaint.
[5991630/1]
(p)
The term "loss" shall mean the loss as reportedby the Plaintiffto the Defendant in this
action as stated and described in your Complaint.
(q)
"Date of loss" shall mean the date the Plaintiff(s)
allegethe loss to have occurred as
stated and described in your Complaint.
(r)
All other words have their plainand ordinarymeaning.
[5991630/1 ]
FIRST INTERBOGATQRIES TO THE PLAINTIFF
1.
Please identifythe name address and telephone number of the individual person and/or
persons either respondingto these interrogatories,
assisting
in respondingto these interrogatories
and/or providingany information used in the response to these interrogatories.
For each such
person, pleaseidentify
the relationship
to the Plaintiff and to the property at issue.
2.
Please identifyany and all litigation,
excludingthe instant matter, that you are currently
involved in, whether civil or criminal,specifically
referencing
the name, case number, and
county in which the litigation
is occurring,
as well as any litigation
which Plaintiff has been
involved with in the past seven (7)years.
3.
Please state the exact date of the allegedsubjectloss,the name and address of any and all
individuals who witnessed the allegedsubjectloss,and your relationship
to each of the listed
individuals.
[5991630/1]
4.
Please provide a chronology of the subjectloss includingwhen the loss was discovered,
what was observed when the allegedloss was first discovered,any and all damages to the
insured property which are believed to be attributable to the allegedsubjectloss,and any and all
measures instituted in order to preserve and protectthe subjectproperty from further loss.
5.
Please state whether any emergency service professionals,
e.g. police,paramedics,
firemen,plumbers,roofers,mitigationand/or restoration companies, etc., or publicadjuster(s)
were contacted after the allegedloss;the date and time they were contacted;the amount paid for
the services performed;what services were performed;AND their contact information.
6,
Please state whether any repairefforts have taken placeat the residence subsequentto the
subjectloss, and, if so, list the repairsthat have taken place,the name and current contact
information for the individuals who performedthe repairs,
how much was paidfor such repairs,
and the date ofthe repairs.
[5991630/1]
7.
Please state whether any repairefforts regardingthe insured property took placeat the
residence within the five (5) years priorto the subjectloss,and, if so, list the repairs
that have
taken place,the current contact information for the individuals who performedthe repairs,
how
much was paidfor such repairs,
and the date of said repairs.
8.
Please state whether an estimate of damages has been preparedby you or by your
agent(s)or representatives,
the name of the individuals who preparedthe estimate,the date the
individual(s)
or entities inspectedthe property, the date the estimate was prepared,and the
amount of the estimate.
9,
Please state how you were referred to all of the repairpersons, emergency remediation
companies,public adjuster(s),
etc. that you referenced in your responses to Interrogatories
numbered 5,6, and 7. If you were not referred to said persons referenced in your responses to
Interrogatories
numbered 5,6, and 7, pleasestate how and when you obtained the name of each
of the individuals/companies
referenced.
[5991630/1]
10.
Please state the total amount of damages to which you contend you are entitled;
and
explainthe basis for your computation.
11.
Please state the names of each individual who resided at the insured propertyatthe time
of the subjectloss,includingthe name and current contact information regarding
any tenant(s)
who resided at the insured property.If there were any tenants residingat the subjectproperty,
pleasedescribe the terms of any rental or lease agreements.
12.
Ifthe insured propertywas not inhabitable after the alleged
loss,pleaseprovidea detailed
explanation
as to why the insured property was not inhabitable,
and all dates and details
pertaining
to when the residence was not occupied,
including
where each individual member of
the household temporarily
resided,and how much you claim is due and owing resulting
from
having to allegedly
vacate the property.
[5991630/1]
13.
Please state the full legal name(s) of the owner(s),mortgage holder(s),
and/or lien
holder(s)for the insured property at the time of loss and at the time of answering these
interrogatories
and state whether the mortgage has ever been held in default and, if so, the date
the property suffered default and the date that you or your representatives
last tendered a
mortgage payment regardingthe subjectproperty.
14.
Please state whether you have been involved in any bankruptcies
in the last two (2)years,
includingthe Chapter,attorney name, date and disposition
of each bankruptcy,and the case
numbers.
15.
Please state whether you have ever filed any other homeowner's insurance claims (other
than the subjectclaim)since the date you initially
purchasedthe property with anv insurance
carrier,
If so, please state the name of provider(s)
to which you made your claim(s),
Policy
Number, and Claim Number(s);the date and circumstances surroundingthe claim(s);the total
amount of coverage afforded regardingthe claim(s);and any repairsor remedial measures taken
to repairor replacethe damaged property or contents, who made the repairs,
the date of the
repairs,
and how much was pid to completethe repairs.
[5991630/1]
16.
Please state who on your behalf contacted the insurer regardingthe reportingof this
claim.
17.
Please identifyall monies tendered to you by the Defendant or any other person/company
for the loss allegedin the Complaint. In your answer, identifythe amount and date of payment.
If a check was tendered,pleasestate whether the check was endorsed.
[5991630/1]
JURAT
PLAINTIFF
STATE OF FLORIDA
COUNTY OF
The foregoinginstrument was sworn to and subscribed before me this
day of
.20- by
who is
.
personally
known to me or has
produced
as identification,
NOTARY PUBLIC
My Commission Expires:
21-26309
[5991630/1]
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO: CACE21-016125 (03)
SELMA CURTIS,
Plaintiff,
VS.
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant,
I
DEFENDANT'S FIRST REQUEST TO PROIUJCE TO PLAINTIFF
COMES NOW, the Defendant, State Farm Florida Insurance Company, by and
through the undersignedcounsel,and pursuant to Florida Rule of Civil Procedure 1.350, hereby
requests Plaintiff(s)
to produce all of the followingitems within the Plaintiff's custody or
control, within thirty(30) days after the service of this First Request to Produce, to the
undersignedattorneys:
INSTRUCTIONS
(a)
Each document request shall be answered fullyunless it is objectedto in good faith,in
which event the reasons for the objectionsshall be stated with specificity.
If the objection
pertainsto only a portionof a document request, or a word, phrase,or clause contained therein,
Plaintiff is requiredto state their objectionsto that portiononly and to respond to the remainder
of the document request, using their best efforts to do so. Plaintiff's answers hereto are to be
signed and verified by the person making them, and the objections
signed by the attorney making
them,
(b)
These document requests seek full disclosure to the full extent allowed by the Florida
Rules of Civil Procedure and shall be interpreted
as inclusive rather than exclusive. They are of
a continuingnature and, to the extent requiredby the applicable
rules,Plaintiffis requiredto
providesupplementaldocuments if Plaintiff obtained additional or different information covered
by any one ofthese document requests.
(c)
All documents producedpursuant hereto are to be produced as they are kept in the usual
course of business or shall be organizedand labeled (withoutpermanentlymarking the item
produced)so as to correspondwith the categories
of each numbered request hereof.
(d)
Each draft,final document, original,reproduction,
and each signed and unsigned
document and every additional copy of such document where such copy contains any
commentary, note, notation or other change whatsoever that does not appear on the original
or on
the copy of the one document produced shall be deemed and considered to constitute a separate
docunlent
(e)
If any of the documents encompassed by the attached request for productionof
documents is/are deemed by you to be privileged,
furnish all non-privileged
documents and
provide a log outliningall documents claimed as privilegedwhich includes: (i)the type of
privilege
claimed for each document; (ii)a brief description
of the document; (iii)
the author of
the document sufficient to identify
if;(iv)the recipient
(ifany);(v)the date of the document.
(f)
When appropriate,
the singular
form of a word should be interpreted
in the pluralas may
be necessary to bring within the scope hereof any documents which might otherwise be
construed to be outside the scope hereof.
[5991628/]]
DEFINITIONS
(a)
The words "you," "yours," and/or "yourselves"means Plaintiff(s),
individuallyand any
agents, representatives
or other persons acting,or purportingto act, on behalf of Plaintiff(s),
individually,
including,
unless privileged,
their attorneys.
(b)
The singularshall include the pluraland vice versa; the terms "and" or "or" shall be both
conjunctive
and disjunctive;
and the term "including"
means "includingwithout limitation".
(C)
"Date" shall mean the exact date, month and year, if ascertainable or, if not, the best
approximationofthe date (basedupon relationship
with other events),If a date is approximated
pleasestate so in your response.
(d)
The terms "document" and documents" shall mean any writing,recordingor photograph
in your actual or constructive possession,custody, care or control, which pertaindirectlyor
indirectly,
in whole or in part,either to any of the subjectslisted below or to any other matter
relevant to the issues in this action, or which are themselves listed below or to any documents,
including but not limited to: correspondence,memoranda, notes, messages, diaries, minutes,
books, reports, charts, ledgers,invoices,computer printouts,microfilms,video tapes or tape
recordings.
(e)
"Agent" shall mean: any attorney, independentcontractor or any other person acting at
the direction or on behalf of another.
(f)
"Person"
shall
mean any natural person, corporation,association, organization,
partnership,
or any other business enterprise,
governmental body, group, business entity,or other
entity.
[5991628/1]
(g)
The words "pertainto" or "pertaining
to" mean" relates to, refers to, contains,concerns,
describes,embodies, mentions, constitutes,
constituting,
supports, corroborates,demonstrates,
proves, evidences,shows, refutes,
disputes,
rebuts,controverts or contradicts.
(h)
The term "third party" or "third parties"refers to individuals or entities that are not a
party to this action.
(i)
The term "action" and/or "suit" shall mean the case titled as captionedabove in this
pleading.
(j)
As used herein,the words "identify"and "identification"when used in reference to an
individual person, mean to state his full name, present address,if known, and his present
employmentposition
and business affiliation. When used in reference to a person other than an
individual person, "identifyand "identification" mean to state whether such a person is a
corporation,
partnership
or other organization,
and the name, present address,and principalplace
of business. Once any person has been identified properly,it shall be suffi cient thereafter when
identifying
that same person to state his name only.
(k)
The words "identifyand 'Cidentification",
when used in reference to documents, means
and includes the name and address of the custodian of the document, the location of the
document, a generaldescription
of the document, including(i) the type of document, e.g.,
correspondence,
memorandum, facsimile,etc.; (ii)the generalsubjectmatter of the document;
(iii)
the date of the document; (iv)the author of the document; (v)the address of the document;
and (vi)the relationship
of the author and address to each other.
"',-
" "-
(1)
The words "or,""and,
all,
any" and similar words of guidance are intended merely as
such and should not be construed as words of limitation. The words "or" and "and" shall include
each other whenever possibleto expand,not restrict,
the scope of the document request.
[5991628/1]
(In)
The term "Plaintiff' or "Plaintiffs" refers to the Plaintiff(s)
as captionedabove in this
pleadingor any other person(s) actingfor or on their behalf.
(n)
The term "Defendant" or "Defendants" refers to the Defendant(s)as captionedabove in
this pleadingor any other person(s)
actingfor or on their behalf.
(o)
The term "subject property"refers to the buildingand/or personalproperty located at the
address as described in your Complaint.
(p)
The term "loss" shall mean the loss as reportedby the Plaintiff to the Defendant in this
action as stated and described in your Complaint.
(q)
"Date of loss" shall mean the date the Plaintiff(s)
allegethe loss to have occurred as
stated and described in your Complaint.
(r)
All other words have their plainand ordinarymeaning.
[5991628/1]
DEFEN!)ANT'S REQUEST-FOR PRODUCTION
1.
All bills,
statements, or estimates for repairsand/or replacementof the subjectproperty
related to, and caused by, the incident described in the Complaint.
2
Copy of any contracts, invoices,or agreements between the Plaintiff(s),
or their
representatives,
and any contractors relatingto repairsof the subjectresidence for the incident
described in the Complaint.
3.
Any photographs,videotapes,charts,or other documentary evidence of the subject
propeity,its contents, and/or any other property involved or pertaining
to the subjectloss,taken
or composed priorto the loss in question.(Pleaseprovide color copies of ally photographs
produced).
4.
Any photographs,videotapes,charts,or other documentary evidence of the subject
property, its contents, and/or any other property involved or pertaining
to the subjectloss,taken
or composed followingthe loss in question.(Pleaseprovide color copiesof any photographs
produced).
5.
All reports or analysispreparedby any expert or consultant for the benefit of the Plaintiff
regardingthe cost of the repairfor the allegeddamaged contents, dwelling (structure)or other
structures from the subjectincident.
6.
Copy of all documents between you and any publicadjusterhired by you at any time for
the incident described in the Complaint.
7.
All correspondence,communications, notes, or other memos by and between Plaintiff(s)
and Defendant, (or their representatives,
agents, or employees),for the claim(s)in the subject
lawsuit as described in the Complaint.
[5991628/[]
8.
All documents (such as correspondence,estimates, etc.)by and between the Plaintiff(s)
and any of their representatives
or agents (such as Public Adjusters,appraisers,
etc.),
9.
Copy of any reports, claims, etc. made to any emergency service professionals
in
response to the allegedincident described in the Complaint.
10.
Any assignment of claim(s)issued by the named insured(s)to any third party
11.
Any and all written and/or recorded statements and/or depositionstaken from parties
and/or witnesses which concern the allegationscontained in the Complaint.
12.
Any and all documentation detailingdamage to the subjectproperty sustained at or about
the time of loss in question.This request includes any report by the insured, any party hired by
the insured,publicadjustersor employees thereof,governmental or municipalauthorities,
or any
other party having knowledge of having examined and reportedon the condition of the subject
property justpriorto or after the loss.
13.
All installation orders, repair orders, invoices, contracts, subcontracts, and written
documentation regardingthe installation,
repairs,or modifications, to any tile flooringor tile
grout in the residence from the date of purchase to the present.
14.
All installation orders, repairorders, invoices, contracts, subcontracts, and written
documentation regardingthe installation,
repairs,or modifications,to any other portion and/or
fixtures of the residence from the date of purchase to the present.
15.
Copies of all bank invoices, receipts,
or any other writingthat would constitute evidence
of any monies paid by the Plaintiff for any type of repairas a result of the allegedsubjectloss.
16.
Plaintiff s policiesof insurance issued by any insurance carrier for five (5)years priorto
the subjectdate(s)of loss for the subjectproperty.
[5991628/1]
17.
Copies of all purchaseand sale records of the subjectresidence since the date of original
purchase until present date, including but not limited to all inspection
reports, financial
statements, appraisals,
mortgage notes, HUD forms,inspection
reports,etc.
18.
All documents reflectingany entities,
includinglien holder(s)and/or mortgagee(s),
who
possess an ownershipinterest in the subject
property.
19.
Any and all documentation in your possessionthat supports your claim for personal
property / contents includingproof of ownershipof each item beingclaimed.
20.
Any and all documentation in your possessionwhich supports your claim for living
expenses.
21.
Copies of any and all appraisals
and property inspectionreports of the subjectproperty
and/or its contents, which are the subjectof this claim, conducted since the date you initially
purchasedthe property.
22.
Copies of any leases, rental agreements, and/or contracts with tenants, rent checks, and
bank statements regardingthe subjectproperty, or a portionthereof,since the date you purchased
the subjectproperty,
23.
Copies of any and all repairinvoices,maintenance invoices,estimates,photographs
regardingany maintenance related repairsor services performed at the insured property in the
last five years.
24.
Copies of any and all repairinvoices,receipts,
cancelled checks,credit card statements,
evidencingpayment for replacementand/or temporary or reasonable repairsof property and/or
contents necessitated by the alleged loss, including but not limited to the cost of labor,
maintenance,or related services.
[599!628/1]
25.
Any log,diary or other records denoting or memorializing any conversations between
you, your agents, servants, or employees and Defendant, its agents, servants, or employees
relative to your loss.
26.
Copies of all checks (frontand back, canceled or otherwise)and/or settlement drafts
received by the Plaintiff for payments tendered by any insurance company regardingthe subject
loss as described in the Complaint.
CERTIFICATE OF SERVICE
I hereby certifythat a true and correct copy of the foregoingwas served by E-Mail on
September 9, 2021 to: Daniel M. Ilani,ESQ., The Property People FL, P.A., 117 NE lst Ave,
Unit
15-104,
Miami,
FL
33132,
Service@PropertyPeopleLaw.com;Danny@PropertyPeopleLaw.com.
KIRWAN,
SPELLACY,
DANNER,
WATKINS & BROWNSTEIN, P,A.
Attorneys for Defendant
200 South Andrews Avenue
8th Floor
Fort Lauderdale, FL 33301
t: (954) 463-3008
f: (954) 463-3010
Pleadings:pleadings@kirwanspellacy.com
BY: /s/ R. RYAN SMITH
R. RYAN SMITH
FLORIDA BAR NO. 119396
RRS/rrs
Matter #21-26309
[5991628/11
"
Exhibit ??3
[6]31019/1]
Filing# 136314753 E-Filed 10/11/2021 03:53:04 PM
In The Circuit Court Of The 17th JudicialCircuit
In And For Broward County, Florida
Selma Curtis,
Case No.: CACE-21-016125
Plaintiff(s),
VS.
State Farm Florida Insurance Company,
Defendant.
PLAINTIFF'S MOTION FOR EXTENSION OF TIME
TO RESPOND TODEFENDANT'S INITIAL DISCOVERY REQUESTS
Plaintiff,
Selma Curtis,by and through undersignedcounsel, hereby files this Motion for
Extension of Time to Respond to Defendants Initial DiscoveryRequests,and in support thereof,
states as follows:
1.
Plaintiff was served with Defendant's initialdiscoveryrequests.
2.
Plaintiffrequires
additional time to adequately
respondto Defendanes initialdiscovery
requests.
3.
This Motion is made in good faith and not for the purpose of unnecessary delay.
4.
There will be no prejudiceto the parties
herein by the granting
of this Motion.
5.
Counsel for Defendant will be contacted priorto any hearingset on this motion.
WHEREFORE, the Plaintiff,
Selma Curtis,respectfully
requests this Honorable Court enter
an Order grantingthis Motion for Extension of Time, and for all other relief this Honorable Court
deems justand proper.
Respectfully
submitted,
Property People FL, PA.
AttorngsforPlaintiff
78 SW 7thSt,Suite 8-147
Miami, FL 33130
Telephone:844.776.7364
E-Service: Service@Propem-Peopk'Law.com
--
--
By:/.s/Daniel M. Ilani
Daniel M. Ilani,Esq.
Florida Bar No. 116189
Email: Danny*!Propert)-PeopleLnw..c-gm
Nicole S. Houman, Esq.
Florida Bar No. 1013527
Email: Nicole@Proper.t)-P.e.opleLaw.corn
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this October 11, 2021, I electronically
filed the foregoing
document with the Florida Courts E-Filing Portal via transmission of Notices of Electronic Filing
generatedby Florida Courts E-FilingPortal (eservice@myflcourtaccess.corn).
/s/Daniel M. Ilani
Daniel M. Ilani
.4
66/TSS
Hxhioit
[6131019/1]
Willie Hollins
From:
Willie Hollins
Sent:
Wednesday, December 1, 2021 12:20 PM
To:
'alicia@propertypeoplelaw.com'
CC:
Endia Miller
Subject:
Service - Curtis, Selma v SF
Matter# 21-26309:
;
[claim] 5922B182P-2 ;
Attachments:
4146-001.pdf
Good afternoon,
Please find Defendant's GFL attached regardingMotion to Compel Better Responses to Defendant's
Discovery. Please providebetter responses within the allotted time frame identified within the GFL. In
addition,pleasefind Defendant' s MTC(s) Better Responses to be submitted the Court if Plaintiff s Discovery
responses are not received in compliancewith the GFL.
Thank you
Willie E. Hollins
Paralegal
200 South Andrews Avenue
8th Floor
Fort Lauderdale, Florida 33301
Phone: 954.463.3008
Fax: 954.463.3010
whoilins@kirwanspellacy.com
www- kirwanspellacv.com
KB KIRU'AN ISPELL\CY
DANXER IWATKINS
W+R ' BROWNSTEl><
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KIRWAN, SPELLACY, DANNER, WATKINS & BROWNSTEIN is an Insurance Defense Litigation firm handling matters in
Dade, Broward, Palm Beach, Monroe, Collier, Lee, Charlotte, Martin, St. Lucie,
Hillsborough, Indian River, Brevard, Okeechobee, Highlands, Glades and Hendry counties.
CONFIDENTIALITY NOTICE: The information contained in this e-mail is intended only for the confidential use of the recipient(s)named above. This
message and its attachments are attorney-
client privileged communications, work product and mental impressions of the above sender. If the reader of
this message is not the intended recipientor if you have received this communication in error, you are hereby notified that you have received this in
error,
that you should destroy it,notifyus at once and any review, dissemination or copying is strictlyprohibited. ,A Please consider the environment
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1
Preview
Filing# 140082376 E-Filed 12/09/2021 05:42:00 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE21-016125 (03) SELMA CURTIS, Plaintiff, VS. STATE FARM FLORIDA INSURANCE COMPANY, Defendant, 1 DEFENDANT'S EX-PARTE MOTION TO COMPEL DISCOVERY COMES NOW, Defendant, STATE FARM their Ex-Parte Motion to Compel the Plaintiffs Answers to Defendant's Interrogatoriesand Response to Defendant's Request for Production, and states as follows: 1. That on or about September 9, 2021, the Defendant propounded Interrogatories and Requests for Production upon the Plaintiff (attachedhereto as Exhibit "A") 2. That the Plaintiffs Answers to Defendant's Interrogatories and Responses to request for Production were due on or about October 8,2021. 3. That on or about October 11, 2021, the Plaintiff filed a Motion for Extension of Time to Respond to Defendant's Discovery (attachedhereto as Exhibit "B"). 4. Plaintiff neglectedto present a proposed Agreed Order on Plaintiff s untimelyMotion for Extension of Time filed on October 11,2021. [6131019/1] *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/09/2021 05:42:00 PM.**** 5. On December 1, 2021, this Law Office sent a good faith email to Plaintiff's Counsel giving them time to avoid filinga Motion to Compel (attachedhereto as Exhibit "C").. 6. As of the date of the filingof this Motion Plaintiff has failed to present Defense Counsel with a proposed Agreed Order on Plaintiff s Motion for Extension of Time to respond to Defendant's Discovery request, and neglected to respond to Defendant's Request in violation of the applicableFlorida Rules of Civil Procedure and Court Order. 7. That this discovery is essential to the proper defense of this case and the Plaintiffs failure to comply with the court order dated November 8, 2021 has caused substantial delay and unfair prejudiceto the Defendant. WHEREFORE, the Defendant, STATE FARM FLORIDA INSURANCE COMPANY, respectfully requests this Honorable Court enter an Order compellingthe Plaintiff to Answer the Defendant's Interrogatories and Respond to the Defendant's Request for Production within 10 days of this Court's Order, and grant any other relief this Honorable Court may deem justand proper. CERTIFICATE OF SERVICE I hereby certifythat a true and correct copy of the foregoing was served by E-Mail on December 8,2021 to: Alicia Pokhoy ESQ., The Property People FL, P.A., 117 NE 1st Ave, Unit 15-104, Miami, FL 33132, Service@PropertyPeopleLaw.com;alicia@propertypeoplelaw.com. KIRWAN, SPELLACY, DANNER, WATKINS & BROWNSTEIN, P.A. Attorneys for Defendant 200 South Andrews Avenue, 8th Floor Fort Lauderdale, FL 33301 t: (954) 463-3008 f: (954) 463-3010 Pleadings:pleadings@kirwanspellacy.com BY:VR. Rra-n Smith. Esq. R. RYAN SMITH FLORIDA BAR NO. 119396 RRS/wh [61310]9/1] ixhib it"A A 99 [613]019/1] IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE21-016125 (03) SELMA CURTIS, Plaintiff, VS. STATE FARM FLORIDA INSURANCE COMPANY, Defendant, i DEFENDANT'S NOTICE OF FII.ING FIRST SET OF INTERROGATORIES TO PLAINTIFF COMES NOW, the Defendant, State Farm Florida Insurance Company, by and through the undersignedcounsel, and pursuant to Florida Rules of Civil Procedure,hereby propounds the attached Defendant's First Set of Interrogatories to Plaintiff(s) to respond to within thirty(30)days. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoingwas served by E-Mail on September 9, 2021 to: Daniel M, Ilani,ESQ., The PropertyPeople FL, P.A., 117 NE lst Ave, Unit 15-104, Miami, FL 33132, Service@PropertyPeopleLaw.com;Danny@PropertyPeopleLaw.com. KIRWAN, SPELLACY, DANNER, WATKINS & BROWNSTEIN, P.A. Attorneysfor Defendant 200 South Andrews Avenue 8th Floor Fort Lauderdale, FL 33301 t: (954)463-3008 f: (954) 463-3010 Pleadings:pleadings@kirwanspellacy.com BY: /s/ R. RYAN SMITH R. RYAN SMITH FLORIDA BAR NO, 119396 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE21-016125 (03) SELMA CURTIS, Plaintiff, VS. STATE FARM FLORIDA INSURANCE COMPANY, Defendant, i DEFENDANT'S FIRST SET OF INTERROGATOIUES TO PLAIETIFF COMES NOW, the Defendant, State Farm Florida Insurance Company, by and through the undersignedcounsel, and pursuant to Florida Rules of Civil Procedure, hereby propound the attached Defendant's First Set of Interrogatories to Plaintiff(s) to respondto within thirty(30)days. INSTRUCTIONS (a) All information is to be divulged which is in your possessionand control,or within the possession and control of your attorneys, investigators, agents, employees or other representatives. To the extent an interrogatorycalls for information which cannot now be preciselyand completelyfurnished,such information as can be furnished should be included in the answer, togetherwith a statement that the further information cannot be furnished,and a statement as to the reasons therefore. If the information which cannot now be furnished is believed to be available to another person, identifysuch other person and the reasons for believingsuch person has the described information. [5991630/1] (b) In the event any interrogatory herein calls for information or for the identification of a document which Plaintiff(s) deems to be privileged, in whole or in part,the information should be given or the document identified to the fullest extent possibleconsistent with such claim of privilege, and the Plaintiff(s) should state the nature of the privilege claimed and specifythe grounds relied upon for the claim of privilege. (c) A separate answer shall be furnished for each interrogatory, althoughwhere the context permitsan interrogatory may be answered by reference to the answer furnished to another interrogatory. (d) You are reminded that all answers must be made separatelyand fully,and that an incompleteor evasive answer is a failure to answer. (e) You are under a continuingdutyto seasonablysupplementyour responses with respect to any questionsdirectlyaddressed to identifyand/or locate persons or organizations having knowledge of discoverable matters pursuant to Florida Rules of Civil Procedure. (f) If propounded jointly, the derivative Plaintiffs shall answer only that portionof each questionthat is applicable. DEFINITIONS (a) The words "you," "yours" and/or "yourselves"means Plaintiff(s), individually and any agents, representatives or other persons acting,or purportingto act, on behalf of Plaintiff(s), individually, including, unless privileged, their attorneys. (b) The singularshall include the pluraland vice versa; the terms "and" or "or" shall be both conjunctiveand disjunctive; and the term "including"means "including without limitation". [5991630/1] (C) "Date" shall mean the exact date, month and year, if ascertainable or, if not, the best approximation of the date (basedupon relationship with other events).If a date is approximated pleasestate so in your response. (d) The terms "document" and documents" shall mean any writing,recordingor photograph in your actual or constructive possession, custody,care or control,which pertain directlyor indirectly, in whole or in part,either to any of the subjectslisted below or to any other matter relevant to the issues in this action,or which are themselves listed below or to any documents, includingbut not limited to: correspondence,memoranda, notes, messages, diaries,minutes, books,reports,charts,ledgers, invoices,computer printouts, microfilms, video tapes or tape recordings. (e) "Agent" shall mean: any attorney, independentcontractor or any other person actingat the direction or on behalf of another. (f) "Person" shall mean any natural person, corporation,association,organization, partnership, or any other business enterprise, governmental body, group, business entityor other entity. (g) The words "pertain to" or "pertaining to" mean" relates to, refers to, contains,concerns, describes, embodies, mentions,constitutes, constituting, supports,corroborates, demonstrates, proves, evidences,shows, refutes,disputes, rebuts,controverts or contradicts. (h) The term "third party" or "third parties" refers to individuals or entities that are not a partyto this action. (i) The term "action" and/or "suit" shall mean the case titled as captionedabove in this pleading. [5991630/1] (j) As used herein,the words "identify"and "identification" when used in reference to an individual person, mean to state his full name, present address,if known, and his present employment positionand business affiliation.When used in reference to a person other than an individual person, "identifyand "identification" mean to state whether such a person is a corporation, partnership or other organization, and the name, present address, and principal place of business. Once any person has been identified properly,it shall be sufficient thereafter when identifying that same person to state his name only. (k) The words "identifyand "identification", when used in reference to documents, means and includes the name and address of the custodian of the document, the location of the document, a generaldescription of the document, including(i)the type of document, e,g., correspondence,memorandum, facsimile,etc.; (ii)the generalsubjectmatter of the document; (iii) the date of the document; (iv)the author of the document; (v)the address of the document; and (vi)the relationship o f the author and address to each other. "', (1) The words "or,' and," "all,""any" and similar words of guidanceare intended merelyas such and should not be construed as words of limitation, The words "or" and "and" shall include each other whenever possibleto expand, not restrict, the scope ofthe document request. (m) The term "Plaintiff' or "Plaintiffs" refers to the Plaintiff(s) as captionedabove in this pleadingor any other person(s)actingfor or on their behalf. (n) The term "Defendanf' or "Defendants" refers to the Defendant(s)as captionedabove in this pleadingor any other person(s)actingfor or on their behalf. (o) The term "subjectproperty"refers to the buildingand/or personalproperty located at the address as described in your Complaint. [5991630/1] (p) The term "loss" shall mean the loss as reportedby the Plaintiffto the Defendant in this action as stated and described in your Complaint. (q) "Date of loss" shall mean the date the Plaintiff(s) allegethe loss to have occurred as stated and described in your Complaint. (r) All other words have their plainand ordinarymeaning. [5991630/1 ] FIRST INTERBOGATQRIES TO THE PLAINTIFF 1. Please identifythe name address and telephone number of the individual person and/or persons either respondingto these interrogatories, assisting in respondingto these interrogatories and/or providingany information used in the response to these interrogatories. For each such person, pleaseidentify the relationship to the Plaintiff and to the property at issue. 2. Please identifyany and all litigation, excludingthe instant matter, that you are currently involved in, whether civil or criminal,specifically referencing the name, case number, and county in which the litigation is occurring, as well as any litigation which Plaintiff has been involved with in the past seven (7)years. 3. Please state the exact date of the allegedsubjectloss,the name and address of any and all individuals who witnessed the allegedsubjectloss,and your relationship to each of the listed individuals. [5991630/1] 4. Please provide a chronology of the subjectloss includingwhen the loss was discovered, what was observed when the allegedloss was first discovered,any and all damages to the insured property which are believed to be attributable to the allegedsubjectloss,and any and all measures instituted in order to preserve and protectthe subjectproperty from further loss. 5. Please state whether any emergency service professionals, e.g. police,paramedics, firemen,plumbers,roofers,mitigationand/or restoration companies, etc., or publicadjuster(s) were contacted after the allegedloss;the date and time they were contacted;the amount paid for the services performed;what services were performed;AND their contact information. 6, Please state whether any repairefforts have taken placeat the residence subsequentto the subjectloss, and, if so, list the repairsthat have taken place,the name and current contact information for the individuals who performedthe repairs, how much was paidfor such repairs, and the date ofthe repairs. [5991630/1] 7. Please state whether any repairefforts regardingthe insured property took placeat the residence within the five (5) years priorto the subjectloss,and, if so, list the repairs that have taken place,the current contact information for the individuals who performedthe repairs, how much was paidfor such repairs, and the date of said repairs. 8. Please state whether an estimate of damages has been preparedby you or by your agent(s)or representatives, the name of the individuals who preparedthe estimate,the date the individual(s) or entities inspectedthe property, the date the estimate was prepared,and the amount of the estimate. 9, Please state how you were referred to all of the repairpersons, emergency remediation companies,public adjuster(s), etc. that you referenced in your responses to Interrogatories numbered 5,6, and 7. If you were not referred to said persons referenced in your responses to Interrogatories numbered 5,6, and 7, pleasestate how and when you obtained the name of each of the individuals/companies referenced. [5991630/1] 10. Please state the total amount of damages to which you contend you are entitled; and explainthe basis for your computation. 11. Please state the names of each individual who resided at the insured propertyatthe time of the subjectloss,includingthe name and current contact information regarding any tenant(s) who resided at the insured property.If there were any tenants residingat the subjectproperty, pleasedescribe the terms of any rental or lease agreements. 12. Ifthe insured propertywas not inhabitable after the alleged loss,pleaseprovidea detailed explanation as to why the insured property was not inhabitable, and all dates and details pertaining to when the residence was not occupied, including where each individual member of the household temporarily resided,and how much you claim is due and owing resulting from having to allegedly vacate the property. [5991630/1] 13. Please state the full legal name(s) of the owner(s),mortgage holder(s), and/or lien holder(s)for the insured property at the time of loss and at the time of answering these interrogatories and state whether the mortgage has ever been held in default and, if so, the date the property suffered default and the date that you or your representatives last tendered a mortgage payment regardingthe subjectproperty. 14. Please state whether you have been involved in any bankruptcies in the last two (2)years, includingthe Chapter,attorney name, date and disposition of each bankruptcy,and the case numbers. 15. Please state whether you have ever filed any other homeowner's insurance claims (other than the subjectclaim)since the date you initially purchasedthe property with anv insurance carrier, If so, please state the name of provider(s) to which you made your claim(s), Policy Number, and Claim Number(s);the date and circumstances surroundingthe claim(s);the total amount of coverage afforded regardingthe claim(s);and any repairsor remedial measures taken to repairor replacethe damaged property or contents, who made the repairs, the date of the repairs, and how much was pid to completethe repairs. [5991630/1] 16. Please state who on your behalf contacted the insurer regardingthe reportingof this claim. 17. Please identifyall monies tendered to you by the Defendant or any other person/company for the loss allegedin the Complaint. In your answer, identifythe amount and date of payment. If a check was tendered,pleasestate whether the check was endorsed. [5991630/1] JURAT PLAINTIFF STATE OF FLORIDA COUNTY OF The foregoinginstrument was sworn to and subscribed before me this day of .20- by who is . personally known to me or has produced as identification, NOTARY PUBLIC My Commission Expires: 21-26309 [5991630/1] IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE21-016125 (03) SELMA CURTIS, Plaintiff, VS. STATE FARM FLORIDA INSURANCE COMPANY, Defendant, I DEFENDANT'S FIRST REQUEST TO PROIUJCE TO PLAINTIFF COMES NOW, the Defendant, State Farm Florida Insurance Company, by and through the undersignedcounsel,and pursuant to Florida Rule of Civil Procedure 1.350, hereby requests Plaintiff(s) to produce all of the followingitems within the Plaintiff's custody or control, within thirty(30) days after the service of this First Request to Produce, to the undersignedattorneys: INSTRUCTIONS (a) Each document request shall be answered fullyunless it is objectedto in good faith,in which event the reasons for the objectionsshall be stated with specificity. If the objection pertainsto only a portionof a document request, or a word, phrase,or clause contained therein, Plaintiff is requiredto state their objectionsto that portiononly and to respond to the remainder of the document request, using their best efforts to do so. Plaintiff's answers hereto are to be signed and verified by the person making them, and the objections signed by the attorney making them, (b) These document requests seek full disclosure to the full extent allowed by the Florida Rules of Civil Procedure and shall be interpreted as inclusive rather than exclusive. They are of a continuingnature and, to the extent requiredby the applicable rules,Plaintiffis requiredto providesupplementaldocuments if Plaintiff obtained additional or different information covered by any one ofthese document requests. (c) All documents producedpursuant hereto are to be produced as they are kept in the usual course of business or shall be organizedand labeled (withoutpermanentlymarking the item produced)so as to correspondwith the categories of each numbered request hereof. (d) Each draft,final document, original,reproduction, and each signed and unsigned document and every additional copy of such document where such copy contains any commentary, note, notation or other change whatsoever that does not appear on the original or on the copy of the one document produced shall be deemed and considered to constitute a separate docunlent (e) If any of the documents encompassed by the attached request for productionof documents is/are deemed by you to be privileged, furnish all non-privileged documents and provide a log outliningall documents claimed as privilegedwhich includes: (i)the type of privilege claimed for each document; (ii)a brief description of the document; (iii) the author of the document sufficient to identify if;(iv)the recipient (ifany);(v)the date of the document. (f) When appropriate, the singular form of a word should be interpreted in the pluralas may be necessary to bring within the scope hereof any documents which might otherwise be construed to be outside the scope hereof. [5991628/]] DEFINITIONS (a) The words "you," "yours," and/or "yourselves"means Plaintiff(s), individuallyand any agents, representatives or other persons acting,or purportingto act, on behalf of Plaintiff(s), individually, including, unless privileged, their attorneys. (b) The singularshall include the pluraland vice versa; the terms "and" or "or" shall be both conjunctive and disjunctive; and the term "including" means "includingwithout limitation". (C) "Date" shall mean the exact date, month and year, if ascertainable or, if not, the best approximationofthe date (basedupon relationship with other events),If a date is approximated pleasestate so in your response. (d) The terms "document" and documents" shall mean any writing,recordingor photograph in your actual or constructive possession,custody, care or control, which pertaindirectlyor indirectly, in whole or in part,either to any of the subjectslisted below or to any other matter relevant to the issues in this action, or which are themselves listed below or to any documents, including but not limited to: correspondence,memoranda, notes, messages, diaries, minutes, books, reports, charts, ledgers,invoices,computer printouts,microfilms,video tapes or tape recordings. (e) "Agent" shall mean: any attorney, independentcontractor or any other person acting at the direction or on behalf of another. (f) "Person" shall mean any natural person, corporation,association, organization, partnership, or any other business enterprise, governmental body, group, business entity,or other entity. [5991628/1] (g) The words "pertainto" or "pertaining to" mean" relates to, refers to, contains,concerns, describes,embodies, mentions, constitutes, constituting, supports, corroborates,demonstrates, proves, evidences,shows, refutes, disputes, rebuts,controverts or contradicts. (h) The term "third party" or "third parties"refers to individuals or entities that are not a party to this action. (i) The term "action" and/or "suit" shall mean the case titled as captionedabove in this pleading. (j) As used herein,the words "identify"and "identification"when used in reference to an individual person, mean to state his full name, present address,if known, and his present employmentposition and business affiliation. When used in reference to a person other than an individual person, "identifyand "identification" mean to state whether such a person is a corporation, partnership or other organization, and the name, present address,and principalplace of business. Once any person has been identified properly,it shall be suffi cient thereafter when identifying that same person to state his name only. (k) The words "identifyand 'Cidentification", when used in reference to documents, means and includes the name and address of the custodian of the document, the location of the document, a generaldescription of the document, including(i) the type of document, e.g., correspondence, memorandum, facsimile,etc.; (ii)the generalsubjectmatter of the document; (iii) the date of the document; (iv)the author of the document; (v)the address of the document; and (vi)the relationship of the author and address to each other. "',- " "- (1) The words "or,""and, all, any" and similar words of guidance are intended merely as such and should not be construed as words of limitation. The words "or" and "and" shall include each other whenever possibleto expand,not restrict, the scope of the document request. [5991628/1] (In) The term "Plaintiff' or "Plaintiffs" refers to the Plaintiff(s) as captionedabove in this pleadingor any other person(s) actingfor or on their behalf. (n) The term "Defendant" or "Defendants" refers to the Defendant(s)as captionedabove in this pleadingor any other person(s) actingfor or on their behalf. (o) The term "subject property"refers to the buildingand/or personalproperty located at the address as described in your Complaint. (p) The term "loss" shall mean the loss as reportedby the Plaintiff to the Defendant in this action as stated and described in your Complaint. (q) "Date of loss" shall mean the date the Plaintiff(s) allegethe loss to have occurred as stated and described in your Complaint. (r) All other words have their plainand ordinarymeaning. [5991628/1] DEFEN!)ANT'S REQUEST-FOR PRODUCTION 1. All bills, statements, or estimates for repairsand/or replacementof the subjectproperty related to, and caused by, the incident described in the Complaint. 2 Copy of any contracts, invoices,or agreements between the Plaintiff(s), or their representatives, and any contractors relatingto repairsof the subjectresidence for the incident described in the Complaint. 3. Any photographs,videotapes,charts,or other documentary evidence of the subject propeity,its contents, and/or any other property involved or pertaining to the subjectloss,taken or composed priorto the loss in question.(Pleaseprovide color copies of ally photographs produced). 4. Any photographs,videotapes,charts,or other documentary evidence of the subject property, its contents, and/or any other property involved or pertaining to the subjectloss,taken or composed followingthe loss in question.(Pleaseprovide color copiesof any photographs produced). 5. All reports or analysispreparedby any expert or consultant for the benefit of the Plaintiff regardingthe cost of the repairfor the allegeddamaged contents, dwelling (structure)or other structures from the subjectincident. 6. Copy of all documents between you and any publicadjusterhired by you at any time for the incident described in the Complaint. 7. All correspondence,communications, notes, or other memos by and between Plaintiff(s) and Defendant, (or their representatives, agents, or employees),for the claim(s)in the subject lawsuit as described in the Complaint. [5991628/[] 8. All documents (such as correspondence,estimates, etc.)by and between the Plaintiff(s) and any of their representatives or agents (such as Public Adjusters,appraisers, etc.), 9. Copy of any reports, claims, etc. made to any emergency service professionals in response to the allegedincident described in the Complaint. 10. Any assignment of claim(s)issued by the named insured(s)to any third party 11. Any and all written and/or recorded statements and/or depositionstaken from parties and/or witnesses which concern the allegationscontained in the Complaint. 12. Any and all documentation detailingdamage to the subjectproperty sustained at or about the time of loss in question.This request includes any report by the insured, any party hired by the insured,publicadjustersor employees thereof,governmental or municipalauthorities, or any other party having knowledge of having examined and reportedon the condition of the subject property justpriorto or after the loss. 13. All installation orders, repair orders, invoices, contracts, subcontracts, and written documentation regardingthe installation, repairs,or modifications, to any tile flooringor tile grout in the residence from the date of purchase to the present. 14. All installation orders, repairorders, invoices, contracts, subcontracts, and written documentation regardingthe installation, repairs,or modifications,to any other portion and/or fixtures of the residence from the date of purchase to the present. 15. Copies of all bank invoices, receipts, or any other writingthat would constitute evidence of any monies paid by the Plaintiff for any type of repairas a result of the allegedsubjectloss. 16. Plaintiff s policiesof insurance issued by any insurance carrier for five (5)years priorto the subjectdate(s)of loss for the subjectproperty. [5991628/1] 17. Copies of all purchaseand sale records of the subjectresidence since the date of original purchase until present date, including but not limited to all inspection reports, financial statements, appraisals, mortgage notes, HUD forms,inspection reports,etc. 18. All documents reflectingany entities, includinglien holder(s)and/or mortgagee(s), who possess an ownershipinterest in the subject property. 19. Any and all documentation in your possessionthat supports your claim for personal property / contents includingproof of ownershipof each item beingclaimed. 20. Any and all documentation in your possessionwhich supports your claim for living expenses. 21. Copies of any and all appraisals and property inspectionreports of the subjectproperty and/or its contents, which are the subjectof this claim, conducted since the date you initially purchasedthe property. 22. Copies of any leases, rental agreements, and/or contracts with tenants, rent checks, and bank statements regardingthe subjectproperty, or a portionthereof,since the date you purchased the subjectproperty, 23. Copies of any and all repairinvoices,maintenance invoices,estimates,photographs regardingany maintenance related repairsor services performed at the insured property in the last five years. 24. Copies of any and all repairinvoices,receipts, cancelled checks,credit card statements, evidencingpayment for replacementand/or temporary or reasonable repairsof property and/or contents necessitated by the alleged loss, including but not limited to the cost of labor, maintenance,or related services. [599!628/1] 25. Any log,diary or other records denoting or memorializing any conversations between you, your agents, servants, or employees and Defendant, its agents, servants, or employees relative to your loss. 26. Copies of all checks (frontand back, canceled or otherwise)and/or settlement drafts received by the Plaintiff for payments tendered by any insurance company regardingthe subject loss as described in the Complaint. CERTIFICATE OF SERVICE I hereby certifythat a true and correct copy of the foregoingwas served by E-Mail on September 9, 2021 to: Daniel M. Ilani,ESQ., The Property People FL, P.A., 117 NE lst Ave, Unit 15-104, Miami, FL 33132, Service@PropertyPeopleLaw.com;Danny@PropertyPeopleLaw.com. KIRWAN, SPELLACY, DANNER, WATKINS & BROWNSTEIN, P,A. Attorneys for Defendant 200 South Andrews Avenue 8th Floor Fort Lauderdale, FL 33301 t: (954) 463-3008 f: (954) 463-3010 Pleadings:pleadings@kirwanspellacy.com BY: /s/ R. RYAN SMITH R. RYAN SMITH FLORIDA BAR NO. 119396 RRS/rrs Matter #21-26309 [5991628/11 " Exhibit ??3 [6]31019/1] Filing# 136314753 E-Filed 10/11/2021 03:53:04 PM In The Circuit Court Of The 17th JudicialCircuit In And For Broward County, Florida Selma Curtis, Case No.: CACE-21-016125 Plaintiff(s), VS. State Farm Florida Insurance Company, Defendant. PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TODEFENDANT'S INITIAL DISCOVERY REQUESTS Plaintiff, Selma Curtis,by and through undersignedcounsel, hereby files this Motion for Extension of Time to Respond to Defendants Initial DiscoveryRequests,and in support thereof, states as follows: 1. Plaintiff was served with Defendant's initialdiscoveryrequests. 2. Plaintiffrequires additional time to adequately respondto Defendanes initialdiscovery requests. 3. This Motion is made in good faith and not for the purpose of unnecessary delay. 4. There will be no prejudiceto the parties herein by the granting of this Motion. 5. Counsel for Defendant will be contacted priorto any hearingset on this motion. WHEREFORE, the Plaintiff, Selma Curtis,respectfully requests this Honorable Court enter an Order grantingthis Motion for Extension of Time, and for all other relief this Honorable Court deems justand proper. Respectfully submitted, Property People FL, PA. AttorngsforPlaintiff 78 SW 7thSt,Suite 8-147 Miami, FL 33130 Telephone:844.776.7364 E-Service: Service@Propem-Peopk'Law.com -- -- By:/.s/Daniel M. Ilani Daniel M. Ilani,Esq. Florida Bar No. 116189 Email: Danny*!Propert)-PeopleLnw..c-gm Nicole S. Houman, Esq. Florida Bar No. 1013527 Email: Nicole@Proper.t)-P.e.opleLaw.corn CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this October 11, 2021, I electronically filed the foregoing document with the Florida Courts E-Filing Portal via transmission of Notices of Electronic Filing generatedby Florida Courts E-FilingPortal (eservice@myflcourtaccess.corn). /s/Daniel M. Ilani Daniel M. Ilani .4 66/TSS Hxhioit [6131019/1] Willie Hollins From: Willie Hollins Sent: Wednesday, December 1, 2021 12:20 PM To: 'alicia@propertypeoplelaw.com' CC: Endia Miller Subject: Service - Curtis, Selma v SF Matter# 21-26309: ; [claim] 5922B182P-2 ; Attachments: 4146-001.pdf Good afternoon, Please find Defendant's GFL attached regardingMotion to Compel Better Responses to Defendant's Discovery. Please providebetter responses within the allotted time frame identified within the GFL. In addition,pleasefind Defendant' s MTC(s) Better Responses to be submitted the Court if Plaintiff s Discovery responses are not received in compliancewith the GFL. Thank you Willie E. Hollins Paralegal 200 South Andrews Avenue 8th Floor Fort Lauderdale, Florida 33301 Phone: 954.463.3008 Fax: 954.463.3010 whoilins@kirwanspellacy.com www- kirwanspellacv.com KB KIRU'AN ISPELL\CY DANXER IWATKINS W+R ' BROWNSTEl>< '\ 1 I '} [l ?< t. *t' I ./?, 1 I .i. 'd KIRWAN, SPELLACY, DANNER, WATKINS & BROWNSTEIN is an Insurance Defense Litigation firm handling matters in Dade, Broward, Palm Beach, Monroe, Collier, Lee, Charlotte, Martin, St. Lucie, Hillsborough, Indian River, Brevard, Okeechobee, Highlands, Glades and Hendry counties. CONFIDENTIALITY NOTICE: The information contained in this e-mail is intended only for the confidential use of the recipient(s)named above. This message and its attachments are attorney- client privileged communications, work product and mental impressions of the above sender. If the reader of this message is not the intended recipientor if you have received this communication in error, you are hereby notified that you have received this in error, that you should destroy it,notifyus at once and any review, dissemination or copying is strictlyprohibited. ,A Please consider the environment before printing this email. 1