Preview
Filing# 137790887 E-Filed 1 1/03/2021 09:39:44 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL
CIRCUIT
IN
AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: CACE 21-007619
TOM MCCLOSKEY, a Florida citizen and
resident,
Plaintiff.
VS.
KABB CONSTRUCTION, INC.,
Defendant.
i
RE-NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersignedattorneys, pursuant to Florida Rules ofCivil
Procedure 1.310(b)6, will take the videotaped depositionof:
DEPONENT:
Marion Brown, Individuallyand as Corporate Representative,the person
designated by Defendant, KABB Construction, Inc. with the most
knowledge regardingrelated topicsand matters referenced in the attached
Exhibit "A".
Deponent is further commanded to produce and permit Plaintiff to inspect
and copy the items set forth in the attached Exhibit "B".
DATE AND TIME November 8, 2021 @ 10:00 a.m.
LOCATION:
Cole, Scott & Kissane, P.A.
110 Tower
110 S.E. 6th Street,Suite 2700
Ft. Lauderdale, FL 33301
upon oral examination before,U. S. Legal Support,a Notary Public,or any other officer authorized
by law to take depositionsin the State of Florida. The oral examination will continue from day to
Miller Trial Law * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156
Telephone: (305) 697-8312
*
Facsimile: (305) 670-1496
* www.millertriallaw.com
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/03/2021 09:39:44 AM.****
day until completed and is being taken for the purpose of discovery,for use at trial,
or for such
other purposes as are permittedunder the applicableStatutes or Rules of the Court.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoingwas served this 3ird
day ofNovember, 2021, to all counsel as per the Court's eFilingPortal.
MILLER TRIAL LAW
Town Center One - Suite 1711
8950 S.W. 74th Court
Miami, FL 33156
Tel: 305/697-8312
Fax: 305/670-1496
By: /s/ Ian B. Miller
IAN B. MILLER, ESQ.
Florida Bar Number 41644
CC:
*Court Reporterto Provider Videographer
US Legal Support
floridascheduling@uslegalsupport.com
Tel: 305/373-8404
US Legal Support
100 N.E. 3rdAvenue, Suite 1050
Ft. Lauderdale, FL 33301
Tel: 954/463-2933
2
MILLER TRIAL LAW * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156
Telephone: (305) 697-8312
*
Facsimile: (305) 670-1496
* www.millertriallaw.com
EXHIBIT "A" - DEPOSITION TOPICS
1.
Any statement, whether oral or written, of the parties,witnesses or any other persons
having knowledge concerning the accident or injuries
which are the subjectofthe Plaintiffs
Complaint.
2.
The allegationsin Plaintiff's Complaint, the Answer filed by the Defendant, and the facts
relied upon for the Affirmative Defenses raised in the Answer.
3
The documents and information sought in Plaintiffs discovery, as well as the Defendants'
responses to same and document production.
4.
Lawsuits or claims made againstthe Defendants in the last five years.
5.
This Defendant's ownership, and organizational structure, including all subsidiary,
related,parent, wholly or partially
owned entities.
6.
Communications between the Plaintiff and either or both Defendants.
7.
Communications between the Plaintiff and any person at Waste Management.
8.
All insurance policies,includingexcess and umbrella,that may provide coverage for the
claims broughtin the Complaint.
9.
All forms ofthe marketing, advertising and promotion ofthe Defendants' business during
the last 5 years, includingthe contents of same.
10.
This Defendant's website and the contents of same for the last 5 years.
11.
The work performed by the Defendant in the last 10 years at location where the subject
incident described in the Complaint occurred.
12.
Permits pulledby the Defendant in the last 10 years for work performed at the location
where the subjectincident occurred.
13.
The design,engineering,construction,and inspectionfor all work performed by the
Defendant in the last 10 years at the location where the subjectincident occurred.
14.
The reason why permitswere not pulledfor any work performed by the Defendant in the
last years at the location where the subjectincident occurred.
15.
The Defendant's Invoice dated July 10, 2018, including the scope of the work to be
performed pursuant to same, the design for the work, the engineeringfor the work, the
construction,inspection,
and permitting(orreasons why permitswere not pulled).
3
MILLER TRIAL LAW * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156
Telephone: (305) 697-8312
*
Facsimile: (305) 670-1496
* www.millertriallaw.com
16.
The Florida BuildingCode, includingbut not limited to Section 105 Permits,Section 110
Inspections,1011.5.2, and 1.11.5.4,and the applicability
to the work performed pursuant
to the Defendant's Invoice dated July 10, 2018.
4
MILLER TRIAL LAW * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156
Telephone: (305) 697-8312
*
Facsimile: (305) 670-1496
* www.millertriallaw.com
EXHIBIT"B" - DUCES TECUM
ANY AND ALL DOCUMENTS PERTAINING TO OR REFERENCING:
1.
Any statement, whether oral or written, of the parties,witnesses or any other persons
having knowledge concerningthe accident or injuries
which are the subjectofthe Plaintiffs
Complaint.
2.
The allegationsin Plaintiff's Complaint, the Answer filed by the Defendant, and the facts
relied upon for the Affirmative Defenses raised in the Answer.
3
The documents and information soughtin Plaintiffs discovery,as well as the Defendants'
responses to same and document production.
4.
Lawsuits or claims made againstthe Defendants in the last five years.
5.
This Defendant's ownership, and organizational structure, including all subsidiary,
related,parent, wholly or partially
owned entities.
6.
Communications between the Plaintiff and either or both Defendants.
7.
Communications between the Plaintiff and any person at Waste Management.
8.
All insurance policies,includingexcess and umbrella,that may providecoverage for the
claims brought in the Complaint.
9.
All forms ofthe marketing, advertising and promotion ofthe Defendants' business during
the last 5 years, includingthe contents of same.
10.
This Defendant's website and the contents of same for the last 5 years.
11.
The work performed by the Defendant in the last 10 years at location where the subject
incident described in the Complaint occurred.
12.
Permits pulledby the Defendant in the last 10 years for work performed at the location
where the subjectincident occurred.
13.
The design,engineering,construction,and inspectionfor all work performed by the
Defendant in the last 10 years at the location where the subjectincident occurred.
14.
The reason why permitswere not pulledfor any work performed by the Defendant in the
last years at the location where the subjectincident occurred.
5
MILLER TRIAL LAW * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156
Telephone: (305) 697-8312
*
Facsimile: (305) 670-1496
* www.millertriallaw.com
15.
The Defendant's Invoice dated July 10, 2018, includingthe scope of the work to be
performed pursuant to same, the designfor the work, the engineeringfor the work, the
construction,inspection,
and permitting(orreasons why permitswere not pulled).
16.
The Florida BuildingCode, includingbut not limited to Section 105 Permits,Section 110
Inspections,1011.5.2, and 1.11.5.4, and the applicability
to the work performed pursuant
to the Defendant's Invoice dated July 10, 2018.
6
MILLER TRIAL LAW * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156
Telephone: (305) 697-8312
*
Facsimile: (305) 670-1496
* www.millertriallaw.com
Preview
Filing# 137790887 E-Filed 1 1/03/2021 09:39:44 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: CACE 21-007619 TOM MCCLOSKEY, a Florida citizen and resident, Plaintiff. VS. KABB CONSTRUCTION, INC., Defendant. i RE-NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersignedattorneys, pursuant to Florida Rules ofCivil Procedure 1.310(b)6, will take the videotaped depositionof: DEPONENT: Marion Brown, Individuallyand as Corporate Representative,the person designated by Defendant, KABB Construction, Inc. with the most knowledge regardingrelated topicsand matters referenced in the attached Exhibit "A". Deponent is further commanded to produce and permit Plaintiff to inspect and copy the items set forth in the attached Exhibit "B". DATE AND TIME November 8, 2021 @ 10:00 a.m. LOCATION: Cole, Scott & Kissane, P.A. 110 Tower 110 S.E. 6th Street,Suite 2700 Ft. Lauderdale, FL 33301 upon oral examination before,U. S. Legal Support,a Notary Public,or any other officer authorized by law to take depositionsin the State of Florida. The oral examination will continue from day to Miller Trial Law * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156 Telephone: (305) 697-8312 * Facsimile: (305) 670-1496 * www.millertriallaw.com *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/03/2021 09:39:44 AM.**** day until completed and is being taken for the purpose of discovery,for use at trial, or for such other purposes as are permittedunder the applicableStatutes or Rules of the Court. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoingwas served this 3ird day ofNovember, 2021, to all counsel as per the Court's eFilingPortal. MILLER TRIAL LAW Town Center One - Suite 1711 8950 S.W. 74th Court Miami, FL 33156 Tel: 305/697-8312 Fax: 305/670-1496 By: /s/ Ian B. Miller IAN B. MILLER, ESQ. Florida Bar Number 41644 CC: *Court Reporterto Provider Videographer US Legal Support floridascheduling@uslegalsupport.com Tel: 305/373-8404 US Legal Support 100 N.E. 3rdAvenue, Suite 1050 Ft. Lauderdale, FL 33301 Tel: 954/463-2933 2 MILLER TRIAL LAW * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156 Telephone: (305) 697-8312 * Facsimile: (305) 670-1496 * www.millertriallaw.com EXHIBIT "A" - DEPOSITION TOPICS 1. Any statement, whether oral or written, of the parties,witnesses or any other persons having knowledge concerning the accident or injuries which are the subjectofthe Plaintiffs Complaint. 2. The allegationsin Plaintiff's Complaint, the Answer filed by the Defendant, and the facts relied upon for the Affirmative Defenses raised in the Answer. 3 The documents and information sought in Plaintiffs discovery, as well as the Defendants' responses to same and document production. 4. Lawsuits or claims made againstthe Defendants in the last five years. 5. This Defendant's ownership, and organizational structure, including all subsidiary, related,parent, wholly or partially owned entities. 6. Communications between the Plaintiff and either or both Defendants. 7. Communications between the Plaintiff and any person at Waste Management. 8. All insurance policies,includingexcess and umbrella,that may provide coverage for the claims broughtin the Complaint. 9. All forms ofthe marketing, advertising and promotion ofthe Defendants' business during the last 5 years, includingthe contents of same. 10. This Defendant's website and the contents of same for the last 5 years. 11. The work performed by the Defendant in the last 10 years at location where the subject incident described in the Complaint occurred. 12. Permits pulledby the Defendant in the last 10 years for work performed at the location where the subjectincident occurred. 13. The design,engineering,construction,and inspectionfor all work performed by the Defendant in the last 10 years at the location where the subjectincident occurred. 14. The reason why permitswere not pulledfor any work performed by the Defendant in the last years at the location where the subjectincident occurred. 15. The Defendant's Invoice dated July 10, 2018, including the scope of the work to be performed pursuant to same, the design for the work, the engineeringfor the work, the construction,inspection, and permitting(orreasons why permitswere not pulled). 3 MILLER TRIAL LAW * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156 Telephone: (305) 697-8312 * Facsimile: (305) 670-1496 * www.millertriallaw.com 16. The Florida BuildingCode, includingbut not limited to Section 105 Permits,Section 110 Inspections,1011.5.2, and 1.11.5.4,and the applicability to the work performed pursuant to the Defendant's Invoice dated July 10, 2018. 4 MILLER TRIAL LAW * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156 Telephone: (305) 697-8312 * Facsimile: (305) 670-1496 * www.millertriallaw.com EXHIBIT"B" - DUCES TECUM ANY AND ALL DOCUMENTS PERTAINING TO OR REFERENCING: 1. Any statement, whether oral or written, of the parties,witnesses or any other persons having knowledge concerningthe accident or injuries which are the subjectofthe Plaintiffs Complaint. 2. The allegationsin Plaintiff's Complaint, the Answer filed by the Defendant, and the facts relied upon for the Affirmative Defenses raised in the Answer. 3 The documents and information soughtin Plaintiffs discovery,as well as the Defendants' responses to same and document production. 4. Lawsuits or claims made againstthe Defendants in the last five years. 5. This Defendant's ownership, and organizational structure, including all subsidiary, related,parent, wholly or partially owned entities. 6. Communications between the Plaintiff and either or both Defendants. 7. Communications between the Plaintiff and any person at Waste Management. 8. All insurance policies,includingexcess and umbrella,that may providecoverage for the claims brought in the Complaint. 9. All forms ofthe marketing, advertising and promotion ofthe Defendants' business during the last 5 years, includingthe contents of same. 10. This Defendant's website and the contents of same for the last 5 years. 11. The work performed by the Defendant in the last 10 years at location where the subject incident described in the Complaint occurred. 12. Permits pulledby the Defendant in the last 10 years for work performed at the location where the subjectincident occurred. 13. The design,engineering,construction,and inspectionfor all work performed by the Defendant in the last 10 years at the location where the subjectincident occurred. 14. The reason why permitswere not pulledfor any work performed by the Defendant in the last years at the location where the subjectincident occurred. 5 MILLER TRIAL LAW * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156 Telephone: (305) 697-8312 * Facsimile: (305) 670-1496 * www.millertriallaw.com 15. The Defendant's Invoice dated July 10, 2018, includingthe scope of the work to be performed pursuant to same, the designfor the work, the engineeringfor the work, the construction,inspection, and permitting(orreasons why permitswere not pulled). 16. The Florida BuildingCode, includingbut not limited to Section 105 Permits,Section 110 Inspections,1011.5.2, and 1.11.5.4, and the applicability to the work performed pursuant to the Defendant's Invoice dated July 10, 2018. 6 MILLER TRIAL LAW * Town Center One * 8950 S.W. 74th Court, Suite 1711 * Miami, FL 33156 Telephone: (305) 697-8312 * Facsimile: (305) 670-1496 * www.millertriallaw.com