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Filing# 140795220 E-Filed 12/21/2021 04:58:15 PM
IN THE CIRCUIT COURT OF THE 17th
JUDICIAL
CIRCUIT
IN
AND FOR
BROWARD COUNTY, FLORIDA
THE HAVEN GROUP, INC.,
CASE NO. CACE-20-017617
Plaintiff.
V
CITZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
PLAINTIFF'S RE-NOTICE OF TAKING DEPOSITION DUCES TECUM OF
DEFENDANT'S DESIGNATED CORPORATE REPRESENTATIVE(S) WITH THE
MOST KNOWLEDGE PURSUANT TO RULE 1.310(b)(6)
PLEASE TAKE NOTICE that Plaintiff through the undersigned counsel will take the
deposition,
by oral examination of the followingperson(s)per Rule 1.310(b)(6)as indicated below
or at such other location,time, and date as is mutually agreedupon by counsel or ordered by the
Court, before an associate or deputy court reporter who is not of counsel to the partiesor interested
in the events of this cause.
Name.
Date-
Time.
Place:
Any and all
January 31,2022
3:00 p.m.
Zoom Video Conferencing
witnesses designatedas
c/o Universal Court Reporting
corporate representative(s)
for Defendant per Rule
1.310(b)(6)regardingthe
topicsand subjectslisted
on Schedule "A" and documents
listed on Schedule "B", and
individuallyregardingall claim
information regardingPlaintiff' s
claim and predicateinformation within
their personalknowledge.
The deponent(s) is/are directed to produce for inspectionor copying at the time of
depositionthe documents called for in the attached Schedule "B" [and as to any documents over
which a claim of privilegeis asserted,a privilegelogper Rule 1.280(b)(5)].
The deposition(s)is/are being taken for the purpose of discovery,for use at trial,or for
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/21/2021 04:58:15 PM.****
such other purposes as are permittedunder the Florida Rules of Civil Procedure. The deposition
will continue from day to day until completed.
In an effort to expeditethe deposition(s),
Plaintiff's counsel requests that the requested
documents responsiveto Schedule "B" be produced at least ten (10) days before the date of the
deposition(s),
to allow the partiesto conduct the depositionquickly and efficiently.This will
eliminate the need for Plaintiff's counsel having to review the documents for the first time at the
deposition(s)
with the deponent(s).Plaintiff will reimburse deponent(s)for all reasonable costs
associated with producing the requesteddocuments priorto the depositions.
Further, to the extent any privilegeor confidentiality
is claimed to apply to the requested
documents, the deponent(s)are directed to bring such responsivedocuments to the deposition(s)
so that they can fully answer all of counsel's questioning. However, a privilegelog as
contemplatedunder Florida Rule of Civil Procedure 1.280(b)(5)may be produced priorto and at
the deposition(s)in lieu of the actual documents over which such claim(s)is asserted. Any such
privilegeddocuments are nonetheless requested to be available at the deposition(s)for the
deponent(s)to review duringthe deposition(s)
in order to fullyanswer all questions.Such review
will not be deemed a waiver of any claimed privilege.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy ofthe foregoinghas been furnished
via electronic mail this 21st day of December, 2021 to: Jennifer Valiyi,Esq., Law Offices of
Hoffman & Hoffman, P.A., 66 W. Flagler Street, Suite 200, Miami, FL 33130:
eservice@hoffmanpa.com paralegal.red@hoffmanpa.comjennifer@hoffmanpa.com
By:
/s/ Lynn Gambino
LYNN GAMBINO, ESQ.
Florida Bar No: 558524
THE MINEO SALCEDO LAW FIRM, P.A.
Attorneys for Plaintiff
5600 Davie Rd
Davie, FL 33314
T: (954) 463-8100 / F: (954) 463-8106
Lgambino@mineolaw.com
SCHEDULE "A"
1.
The Corporate Representativewho can identifyby full name and company title all
those persons who participated
in making the decisions by or on behalf of Defendant determining
the value of Plaintiff's claim,to pay Plaintiff's claim, or to withhold any payments(s)ofinsurance
proceedsto the Plaintiff for his/her claim under the insurance policy.
2.
The Corporate Representativewith the most knowledge of Defendant's investigation,
adjustment,and valuation of Plaintiff's claim.
3
The CorporateRepresentativemost knowledgeable about the factual basis and all
policylanguage upon which Defendant's Answer is based, includingall denials and affirmative
defenses raised by Defendant in this cause.
4.
The Corporate Representativewho can identifyand explainhow the events which
occurred to cause Plaintiff's damages constitute events excluded from the coverage provided by
the policyof insurance or why Plaintiff's claim or damages are not otherwise covered under the
policyof insurance.
5.
The Corporate Representativewith the most knowledge who can describe comprehensively
and in detail Defendant's investigation,
adjustmentand handling of the Plaintiff's claim from the
date it was initially
reportedto Defendant until the date of this lawsuit.
6.
The Corporate Representativewho can describe,comprehensively and in detail,any and
all decisions made on behalf of Defendant with regard to the adjustment, investigation,
and
payment or failure to pay Plaintiff's claim which is the subjectof this suit and the basis for those
decisions.
7.
The Corporate Representativewho can testifyregardingthe date Defendant reasonably
anticipatedlitigation
with Plaintiff for the subjectclaim and all circumstances which gave rise to
the Defendant's reasonable expectationor belief that litigation
would ensue, result or arise
regardingPlaintiff's claim at issue in this lawsuit.
8
The Corporate Representativewho can identifyand explainDefendant's responses to
Plaintiff's discovery requests and all facts and policy language which support Defendant's
responses to Plaintiff's discoveryrequests.
9-
The Corporate Representativewho can testifyregardingthe cause of loss that Defendant
attributed to Plaintiff's claim and all reasons for Defendant's assignment of that cause of loss.
10.
The Corporate Representativewho can describe and state in detail and with specificityall
damages to Plaintiff's insured property, caused, directlyor indirectly,
by the subjectincident.
SCHEDULE "B"
1.
All documents you reviewed in preparationfor this deposition.
2.
All documents you will relyon in respondingto the topicsin Schedule "A" duringthis
deposition.
3
For any documents withheld from paragraphs 1 and 2 above due to a claim of attorney-
client privilege,
work product privilegeor any other claimed rightofprivilege,provide a privilege
logpursuant to Florida Rule of Civil Procedure 1.280(b)(5).
4.
The complete originalwritten,printed,and electronic claim file(s)of Defendant and its
adjustersincludingall independent or third-party
adjustersinvolved in adjusting,
inspecting,and
handling Plaintiff's claim or loss (cover-to-cover),
from the home office,regionaloffice and local
office for the subjectclaim,includingbut not limited to:
A)
All letters,
memoranda, and other forms ofwritten or computerizedcommunication
to or from any employee of Defendant that concern, refer,or relate in any way
to the adjusting,processing,or handling of the claim at issue in this action.
B)
All written or computerizedrecords of any oral communication, whether in person
or by telephone,to or from any employee of Defendant that concern, refer,or
relate in any way to the processingof the subjectclaim.
C)
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone,between any
employee, representativeor agent of Defendant and Plaintiff,or his/her
representatives
or agents that concern, refer,or relate in any way to the subject
claim(s).
D)
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone,between any
employee of Defendant and any adjusterthat concern, refer,or relate in any
way to the subjectclaim(s).
E)
All written or computerized records of any investigationor adjustmentactivities by
Defendant and its adjusters,
from the date of loss throughthe earlier of the date
of this lawsuit or the date litigation
was first antic*atedby Defendant with
regardto the subjectclaim.
F)
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone,to or from any
employee of Defendant and its adjusters
that concern, refer,or relate in any way
to the decision to pay, deny, withhold, delay payment, or conditionallyor
partially
pay Plaintiff' s claim.
G)
All written or computerizedcommunications and written or computerizedrecords
of oral communications, whether in person or by telephone,between Plaintiff
and any employee ofDefendant and its adjustersthat concern, refer,or relate in
any way to the decision by any employee of Defendant to pay, deny, withhold,
delaypayment, or conditionally
or partially
pay Plaintiff's claim.
H)
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone,between any
employee of Defendant and any third party that concern, refer,or relate in any
way to the decision by any employee or agent of Defendant to pay, deny,
withhold, delaypayment or conditionally
or partially
pay Plaintiff's claim.
I)
All activitylogs,diaries,claim notes or logs created by any adjuster,claim
representative,
manager, or supervisorof Defendant or third party adjusers
duringthe adjustmentof Plaintiff's claim up until the date ofthis lawsuit or the
date Defendant reasonablyanticipatedlitigation
in connection with the claim at
issue in this action.
J)
The file folders in which the preceding documents are kept.
K)
All reports and correspondence.
L)
Tapes - video and audio.
M)
Photographs and originalnegatives.
5.
Copies of all documentation of whatever kind or nature in your possession,custody or
control concerningthe subjectloss,and all files relating
to Plaintiff,
and his/her claim for damages
to the insured property, includingbut not limited to, certified copiesof any applicableinsurance
policies,
recorded statements, documentation ofthe claim such as proofsofloss,damage estimates,
reports or memoranda by Defendant's adjuster(s)
regardingthe extent of damage and the reasons
for payment, delayofpayment, withholdingof payment, or denial ofpayment on the subjectclaim.
6.
All checks reflecting
payments made to Plaintiffto date.
7.
A certified copy ofthe policyof insurance in effect on the subjectdate of loss.
8
Copies of all summaries of statements made by Plaintiff and all recorded or transcribed
statements taken by you, your representative(s)
and/or your attorneys of Plaintiff.
9.
Copies of all correspondence, notices, reports or other communications between you and your
representatives
and Plaintiff and his representatives
regardingthe loss at the insured property.
10.
Copies of all letters from Defendant that make payment, deny payment, authorize payment or
withhold payment for the subjectclaim.
11.
Copies of all documents in your possession, custody or control relatingto the insured property,
including but not limited to: photographs, video tapes, estimates, sketches, drawings, field notes, estimates
for damage(s), reports relied upon by you, reports prepared by you or reports prepared for you or on your
behalf of the Plaintiff regarding the loss at the insured property.
12.
Copies of all property damage inventories,estimates or reports prepared and received by you and
upon which you relied in reachingyour conclusions concerning valuation of the loss.
13.
Copies of all other documents relied upon by you in reaching any conclusions regarding the
Plaintiff's insurance claim and the coverage and payment decisions made on Plaintiff's claim, includingall
books, tables,depreciationtables,guides, price lists,
whatsoever used by you in determining the valuation
of the property or property damage sustained by the Plaintiff,the methods of computation used by you in
aniving at valuation figuresfor the property, all reports, calculations,estimates and the like relied upon by
you in arrivingat any and all figuresused in determining the damage to the property.
14.
Any and all documents, statements, notes, measurements, test results and related materials relied
upon by you in reaching your conclusion to make payment, deny payment, authorize payment or withhold
payment ofthe subjectclaim.
15.
All documents which indicate or support the date when Defendant contends it first reasonably
expected or anticipatedlitigation
with Plaintiff and the reasons and factual circumstances which gave rise
to that expectation or belief.
16.
Defendant's PrivilegeLog prepared pursuant to Florida Rule of Civil Procedure 1.280(b)(5)
identifyingwith particularity
any and all documents withheld from Defendant's response to the preceding
paragraphs as privileged,confidential,or otherwise protected from discovery.
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Filing# 140795220 E-Filed 12/21/2021 04:58:15 PM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA THE HAVEN GROUP, INC., CASE NO. CACE-20-017617 Plaintiff. V CITZENS PROPERTY INSURANCE CORPORATION, Defendant. i PLAINTIFF'S RE-NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT'S DESIGNATED CORPORATE REPRESENTATIVE(S) WITH THE MOST KNOWLEDGE PURSUANT TO RULE 1.310(b)(6) PLEASE TAKE NOTICE that Plaintiff through the undersigned counsel will take the deposition, by oral examination of the followingperson(s)per Rule 1.310(b)(6)as indicated below or at such other location,time, and date as is mutually agreedupon by counsel or ordered by the Court, before an associate or deputy court reporter who is not of counsel to the partiesor interested in the events of this cause. Name. Date- Time. Place: Any and all January 31,2022 3:00 p.m. Zoom Video Conferencing witnesses designatedas c/o Universal Court Reporting corporate representative(s) for Defendant per Rule 1.310(b)(6)regardingthe topicsand subjectslisted on Schedule "A" and documents listed on Schedule "B", and individuallyregardingall claim information regardingPlaintiff' s claim and predicateinformation within their personalknowledge. The deponent(s) is/are directed to produce for inspectionor copying at the time of depositionthe documents called for in the attached Schedule "B" [and as to any documents over which a claim of privilegeis asserted,a privilegelogper Rule 1.280(b)(5)]. The deposition(s)is/are being taken for the purpose of discovery,for use at trial,or for *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/21/2021 04:58:15 PM.**** such other purposes as are permittedunder the Florida Rules of Civil Procedure. The deposition will continue from day to day until completed. In an effort to expeditethe deposition(s), Plaintiff's counsel requests that the requested documents responsiveto Schedule "B" be produced at least ten (10) days before the date of the deposition(s), to allow the partiesto conduct the depositionquickly and efficiently.This will eliminate the need for Plaintiff's counsel having to review the documents for the first time at the deposition(s) with the deponent(s).Plaintiff will reimburse deponent(s)for all reasonable costs associated with producing the requesteddocuments priorto the depositions. Further, to the extent any privilegeor confidentiality is claimed to apply to the requested documents, the deponent(s)are directed to bring such responsivedocuments to the deposition(s) so that they can fully answer all of counsel's questioning. However, a privilegelog as contemplatedunder Florida Rule of Civil Procedure 1.280(b)(5)may be produced priorto and at the deposition(s)in lieu of the actual documents over which such claim(s)is asserted. Any such privilegeddocuments are nonetheless requested to be available at the deposition(s)for the deponent(s)to review duringthe deposition(s) in order to fullyanswer all questions.Such review will not be deemed a waiver of any claimed privilege. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy ofthe foregoinghas been furnished via electronic mail this 21st day of December, 2021 to: Jennifer Valiyi,Esq., Law Offices of Hoffman & Hoffman, P.A., 66 W. Flagler Street, Suite 200, Miami, FL 33130: eservice@hoffmanpa.com paralegal.red@hoffmanpa.comjennifer@hoffmanpa.com By: /s/ Lynn Gambino LYNN GAMBINO, ESQ. Florida Bar No: 558524 THE MINEO SALCEDO LAW FIRM, P.A. Attorneys for Plaintiff 5600 Davie Rd Davie, FL 33314 T: (954) 463-8100 / F: (954) 463-8106 Lgambino@mineolaw.com SCHEDULE "A" 1. The Corporate Representativewho can identifyby full name and company title all those persons who participated in making the decisions by or on behalf of Defendant determining the value of Plaintiff's claim,to pay Plaintiff's claim, or to withhold any payments(s)ofinsurance proceedsto the Plaintiff for his/her claim under the insurance policy. 2. The Corporate Representativewith the most knowledge of Defendant's investigation, adjustment,and valuation of Plaintiff's claim. 3 The CorporateRepresentativemost knowledgeable about the factual basis and all policylanguage upon which Defendant's Answer is based, includingall denials and affirmative defenses raised by Defendant in this cause. 4. The Corporate Representativewho can identifyand explainhow the events which occurred to cause Plaintiff's damages constitute events excluded from the coverage provided by the policyof insurance or why Plaintiff's claim or damages are not otherwise covered under the policyof insurance. 5. The Corporate Representativewith the most knowledge who can describe comprehensively and in detail Defendant's investigation, adjustmentand handling of the Plaintiff's claim from the date it was initially reportedto Defendant until the date of this lawsuit. 6. The Corporate Representativewho can describe,comprehensively and in detail,any and all decisions made on behalf of Defendant with regard to the adjustment, investigation, and payment or failure to pay Plaintiff's claim which is the subjectof this suit and the basis for those decisions. 7. The Corporate Representativewho can testifyregardingthe date Defendant reasonably anticipatedlitigation with Plaintiff for the subjectclaim and all circumstances which gave rise to the Defendant's reasonable expectationor belief that litigation would ensue, result or arise regardingPlaintiff's claim at issue in this lawsuit. 8 The Corporate Representativewho can identifyand explainDefendant's responses to Plaintiff's discovery requests and all facts and policy language which support Defendant's responses to Plaintiff's discoveryrequests. 9- The Corporate Representativewho can testifyregardingthe cause of loss that Defendant attributed to Plaintiff's claim and all reasons for Defendant's assignment of that cause of loss. 10. The Corporate Representativewho can describe and state in detail and with specificityall damages to Plaintiff's insured property, caused, directlyor indirectly, by the subjectincident. SCHEDULE "B" 1. All documents you reviewed in preparationfor this deposition. 2. All documents you will relyon in respondingto the topicsin Schedule "A" duringthis deposition. 3 For any documents withheld from paragraphs 1 and 2 above due to a claim of attorney- client privilege, work product privilegeor any other claimed rightofprivilege,provide a privilege logpursuant to Florida Rule of Civil Procedure 1.280(b)(5). 4. The complete originalwritten,printed,and electronic claim file(s)of Defendant and its adjustersincludingall independent or third-party adjustersinvolved in adjusting, inspecting,and handling Plaintiff's claim or loss (cover-to-cover), from the home office,regionaloffice and local office for the subjectclaim,includingbut not limited to: A) All letters, memoranda, and other forms ofwritten or computerizedcommunication to or from any employee of Defendant that concern, refer,or relate in any way to the adjusting,processing,or handling of the claim at issue in this action. B) All written or computerizedrecords of any oral communication, whether in person or by telephone,to or from any employee of Defendant that concern, refer,or relate in any way to the processingof the subjectclaim. C) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone,between any employee, representativeor agent of Defendant and Plaintiff,or his/her representatives or agents that concern, refer,or relate in any way to the subject claim(s). D) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone,between any employee of Defendant and any adjusterthat concern, refer,or relate in any way to the subjectclaim(s). E) All written or computerized records of any investigationor adjustmentactivities by Defendant and its adjusters, from the date of loss throughthe earlier of the date of this lawsuit or the date litigation was first antic*atedby Defendant with regardto the subjectclaim. F) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone,to or from any employee of Defendant and its adjusters that concern, refer,or relate in any way to the decision to pay, deny, withhold, delay payment, or conditionallyor partially pay Plaintiff' s claim. G) All written or computerizedcommunications and written or computerizedrecords of oral communications, whether in person or by telephone,between Plaintiff and any employee ofDefendant and its adjustersthat concern, refer,or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delaypayment, or conditionally or partially pay Plaintiff's claim. H) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone,between any employee of Defendant and any third party that concern, refer,or relate in any way to the decision by any employee or agent of Defendant to pay, deny, withhold, delaypayment or conditionally or partially pay Plaintiff's claim. I) All activitylogs,diaries,claim notes or logs created by any adjuster,claim representative, manager, or supervisorof Defendant or third party adjusers duringthe adjustmentof Plaintiff's claim up until the date ofthis lawsuit or the date Defendant reasonablyanticipatedlitigation in connection with the claim at issue in this action. J) The file folders in which the preceding documents are kept. K) All reports and correspondence. L) Tapes - video and audio. M) Photographs and originalnegatives. 5. Copies of all documentation of whatever kind or nature in your possession,custody or control concerningthe subjectloss,and all files relating to Plaintiff, and his/her claim for damages to the insured property, includingbut not limited to, certified copiesof any applicableinsurance policies, recorded statements, documentation ofthe claim such as proofsofloss,damage estimates, reports or memoranda by Defendant's adjuster(s) regardingthe extent of damage and the reasons for payment, delayofpayment, withholdingof payment, or denial ofpayment on the subjectclaim. 6. All checks reflecting payments made to Plaintiffto date. 7. A certified copy ofthe policyof insurance in effect on the subjectdate of loss. 8 Copies of all summaries of statements made by Plaintiff and all recorded or transcribed statements taken by you, your representative(s) and/or your attorneys of Plaintiff. 9. Copies of all correspondence, notices, reports or other communications between you and your representatives and Plaintiff and his representatives regardingthe loss at the insured property. 10. Copies of all letters from Defendant that make payment, deny payment, authorize payment or withhold payment for the subjectclaim. 11. Copies of all documents in your possession, custody or control relatingto the insured property, including but not limited to: photographs, video tapes, estimates, sketches, drawings, field notes, estimates for damage(s), reports relied upon by you, reports prepared by you or reports prepared for you or on your behalf of the Plaintiff regarding the loss at the insured property. 12. Copies of all property damage inventories,estimates or reports prepared and received by you and upon which you relied in reachingyour conclusions concerning valuation of the loss. 13. Copies of all other documents relied upon by you in reaching any conclusions regarding the Plaintiff's insurance claim and the coverage and payment decisions made on Plaintiff's claim, includingall books, tables,depreciationtables,guides, price lists, whatsoever used by you in determining the valuation of the property or property damage sustained by the Plaintiff,the methods of computation used by you in aniving at valuation figuresfor the property, all reports, calculations,estimates and the like relied upon by you in arrivingat any and all figuresused in determining the damage to the property. 14. Any and all documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion to make payment, deny payment, authorize payment or withhold payment ofthe subjectclaim. 15. All documents which indicate or support the date when Defendant contends it first reasonably expected or anticipatedlitigation with Plaintiff and the reasons and factual circumstances which gave rise to that expectation or belief. 16. Defendant's PrivilegeLog prepared pursuant to Florida Rule of Civil Procedure 1.280(b)(5) identifyingwith particularity any and all documents withheld from Defendant's response to the preceding paragraphs as privileged,confidential,or otherwise protected from discovery.