Preview
Filing# 138010590 E-Filed 11/05/2021 03:04:00 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
Case No.: CACE-20-017586
JAMES DAVIS AND MELVINA DAVIS,
Plaintiffs,
V.
SOUTHERN
FIDELITY
INSURANCE
COMPANY,
Defendant.
I
DEFENDANT, SOUTHERN FIDELITY INSURANCE COMPANY'S FIRST REQUEST
FOR PRODUCTION TO PLAINTIFFS
Defendant, SOUTHERN FIDELITY INSURANCE COMPANY ("Southern Fidelity"),
pursuant to Rule 1.350, Fla. R. Civ. P.,hereby files its First Request for Production upon Plaintiffs,
JAMES DAVIS and MELVINA DAVIS, and requests Plaintiffs to produce the originalor best
copy o f the items listed herein below at the offices of the Defendant's undersigned counsel for
inspectionand/or copyingwithin the time periodprescribedby law:
DEFINITIONS
1.
The term "documents" means and includes,without limitation,all writingsof any
kind, includingthe originalsand all non-identical copies or drafts,whether printed,recorded,
stored,or reproduced by any mechanical or electronic process or written or produced by hand,
includingcomputer tapes (and backup tapes),whether different from the originalby reason of any
notation made on such copy or draft or otherwise including,without limitation,correspondence,
memoranda, notes, diaries,statistics,
letters,
e-mail,electronic computer files,
telegrams,minutes,
contracts, reports, accident reports, incident reports, studies,calculations,computations,surveys,
checks, statements, receipts,
returns, summaries, pamphlets,books, prospectuses, circulars,trade
letters, advertisements, interoffice
communications,
offers, notations
of any sort of
conversation(s),
telephone calls,meetings or other communications, bulletins,printed matter,
computer print-outs,teletypes,facsimiles,invoices, work sheets and all drafts,alterations,
modifications,changes,and amendments of any of the foregoing,graphicor aural writs,records
or representationsof any kind including,without limitation,photographs, charts, graphs,
microfiche, microfilm, videotape,recordings,motion pictures;and electronic,mechanical or
electric records or representationsof any kind including,without limitation,tapes, cassettes and
disc recordings,and writingsand printedmaterial of every kind, whether or not the document is
out o f?ygur-possessiopi
c-ustqdy.or-goutml.
'-IA-IfILiflf
&*6WX]ib-dbiWYY,-FL--BM-ADA D. FORMAN, CLERK 11/05/2021 03:04:00 PM.****
Case No.. CACE-20-017586
2.
The term "correspondence"means any tangibleobjectthat conveys information or
memorializes information that was conveyed in tangibleor oral form including,but not limited to,
writings,letters,
memoranda, electronic mail (otherwiseknown as "e-mail"),facsimiles,reports,
notes, telegramsand interoffice communication.
3
The term "relatingto" as used herein is defined to mean evidencing,referringto,
pertainingto, consistingof,reflecting,
concerning, or in any way logicallyor factuallyconnected
with the matters discussed.
4.
The term "Property"or "subjectProperty"refers to the property located at 401 SW
30th Ave., Ft. Lauderdale, Florida 33312.
5.
"You," "your," "Insured," "Plaintiffs,"refers to Plaintiffs,JAMES DAVIS and
MELVINA DAVIS, their agents, attorneys, representatives,
and all other individuals actingor
purportingto act on the Plaintiffs' behalf.
6.
The term "loss" or "this claim" refers to the loss described in the Complaint or the
loss reportedto SOUTHERN FIDELITY INSURANCE COMPANY for a date of loss occurring
on or about May 14, 2020.
7.
"Closing documents" refers to any documents involved in the real estate closingof
the Property, includingbut not limited to completed loan applicationform, mortgage insurance
application,
promissory note pledging to pay the amount in full and with interest,mortgage
document(s),payment letter stating
the amount and due date ofthe first payment, truth in lending
form, affidavit that the buyer'svarious names refer to one and the same person, survey form that
accuratelydescribes the property, termite and/or other inspectionform(s),RESPA form, proration
agreements, affidavit signifyingthe purchase priceand the source o fthe price,deed which transfers
title from the buyer to the seller,bill o f sale transferring
ownersh*, affidavit of title,Search of
abstract title,
title insurance,and affidavit relating
to mechanic's liens,if any.
8
"Third party"refers to any person and/or entityother than the Plaintiffs.
DOCUMENTS REQUESTED
2
Case No.. CACE-20-017586
1.
All documents, including,but not limited to, correspondencebetween yourselfor
any agent of yours and Southern Fidelityand/or its agents from the reportingo f the loss to the
present.
2.
All documents evidencingagreements for representation
between yourselfand any
individual or business entityrepresentingyou in this claim, including,but not limited to, contracts,
letters
of representation,assignment of benefits, correspondence, and fee schedules for
representation
by publicadjustersor publicadjusterfirms. This request does not seek agreements
for legalrepresentation,but does seek unredacted documents responsive to this request.
3
Copies of any other insurance policiesin effect on the date of loss at the subject
Property.
4.
All documents evidencing the damages that you are claiming in this lawsuit,
including,but not limited to, estimates,contracts, receipts,
statements, invoices,and work orders.
5.
All documents evidencingpayment to any third-partyfor services relatingto the
loss.
6.
Any proof of loss statements from you relatingto the claim.
7.
All documents received by you from Southern Fidelityrelatingto this claim
requestingyou complete a sworn, executed proo f of loss.
8.
All documents evidencingthe replacementof damaged property as a result ofthe
loss,including,but not limited to, contracts, rece*ts,canceled checks, bills of sale,statements,
ATM rece*ts,credit card statements, and invoices.
9.
All documents evidencing all repairsto any area of the Property that is being
claimed in your loss.
10.
All documents evidencingthe plumbing repairsrelatingto the loss.
11.
All documents from the alleged handyman, contractor, and/or plumber who
performed repairsto the hot water line or any plumbing lines at the Property.
12.
All documents showing any payment made to the allegedhandyman, contractor, or
plumber who performed repairsto the hot water line or any plumbing lines at the Property.
13.
All photographs,videos, recordings,film,diagrams, drawings, charts,sketches or
any other documents illustrating
the damages sustained in the loss.
14.
All documents and correspondencefrom Truview Mold Inspectionsrelatingto the
loss.
3
Case No.. CACE-20-017586
15.
All documents and correspondencefrom Pelican PropertiesInc. relatingto the loss.
16.
Any and all photographs or videos which show the areas ofthe Property before the
date o f the loss,which are allegedby Plaintiffs to have suffered damages in connection with the
subjectloss.
17.
All engineer,plumber or expert reports in support ofthe claim that the Propertyhas
sustained damage as a result ofthe loss.
18.
All documents evidencing plumbing repairsor service calls to a plumber or
plumbing company, including,but not limited to, work orders,invoices,statements, inspections,
payments, estimates,and receipts,
from the date of loss to the present.
19.
All documents prepared by third partieswho inspectedor evaluated the Property
relating
to the loss.
20.
All documents evidencingyour efforts to protect the Property from further damage.
21.
All documents from any water mitigationcompany who performed mitigation
services at the Propertyrelatingto the loss.
22.
All maintenance and/or repairrecords for the Property from the date of loss to the
present.
23.
All documents relatingto anyprior insurance claims at the Property,including,but
not limited to, any repair rece*ts, estimates,photographs,invoices,etc.
24.
All documents in your possessionrelatingto the loss.
25.
Copies of any documents to be used bythe Plaintiffs at the trial ofthis matter.
26.
Copies of rece*ts,invoices,bills,credit card charges,cancelled checks and other
related documents evidencingrepairsof any nature made to any part ofthe subjectProperty from
the date o f loss to date,including,
but not limited to, repairsto the damaged area that is the subject
matter ofthis lawsuit.
27.
A copy of the closingdocuments received upon purchasingthe subjectProperty,
includinga copy of the sales contract, note, and any pre-purchaseand final home inspection
reports.
28.
Any and all documents identified,referenced or relied upon by Plaintiffs in
response to Defendant's Interrogatories.
29.
Any and all documentation reflectingwhen you first noticed the damages which
are the subjectofthis lawsuit.
4
Case No.. CACE-20-017586
30.
Any and all documentation reflecting
the areas of the Property that have been
remodeled or are in the process ofbeing remodeled since your purchase ofthe Property,including,
but not limited to, the entityor persons that performed or are performing the repairsor remodeling,
since your purchase ofthe Property and continuingthrough the present.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 5th day of November, 2021, this document was filed
usingthe Florida Courts E-FilingPortal. This document is being served on all counsel and pro se
partiesofrecord by the Florida Courts E-FilingPortal,pursuant to and in compliance with Fla. R.
Jud. Admin. 2.516. The mailing and electronic addresses are: David Garcia, Esquire, Marin,
Eljaiek,Lopez & Martinez P.L., Mellaw5@mellawyers.com;Eservice@mellawyers.com, 2601
South Bayshore Drive, 18thFloor, Coconut Grove, Florida 33133, (305)444-5969/(305)444-1939
(F),Attorney for Plaintiffs,JAMES DAVIS and MELVINA DAVIS.
KELLEY KRONENBERG
/s/ Marisa A. Wilson
Marisa A. Wilson, Esq.
Fla. Bar No..
118006
mwilson@kelleykronenberg.com
Jeffrey M. Wank, Esq.
Fla. Bar No.. 68010
jwank@kelleykronenberg.com
10360 West State Road 84
Fort Lauderdale, FL 33324
Telephone: (954) 370-9970
Facsimile: (954) 382-1988
Attorneys for Southern FidelityInsurance
Company
Address for service ofpleadingsonly
jwank@kelleykronenberg.com
mwilson@kelleykronenberg.com
cwillis@kelleykronenberg.com
5
Preview
Filing# 138010590 E-Filed 11/05/2021 03:04:00 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Case No.: CACE-20-017586 JAMES DAVIS AND MELVINA DAVIS, Plaintiffs, V. SOUTHERN FIDELITY INSURANCE COMPANY, Defendant. I DEFENDANT, SOUTHERN FIDELITY INSURANCE COMPANY'S FIRST REQUEST FOR PRODUCTION TO PLAINTIFFS Defendant, SOUTHERN FIDELITY INSURANCE COMPANY ("Southern Fidelity"), pursuant to Rule 1.350, Fla. R. Civ. P.,hereby files its First Request for Production upon Plaintiffs, JAMES DAVIS and MELVINA DAVIS, and requests Plaintiffs to produce the originalor best copy o f the items listed herein below at the offices of the Defendant's undersigned counsel for inspectionand/or copyingwithin the time periodprescribedby law: DEFINITIONS 1. The term "documents" means and includes,without limitation,all writingsof any kind, includingthe originalsand all non-identical copies or drafts,whether printed,recorded, stored,or reproduced by any mechanical or electronic process or written or produced by hand, includingcomputer tapes (and backup tapes),whether different from the originalby reason of any notation made on such copy or draft or otherwise including,without limitation,correspondence, memoranda, notes, diaries,statistics, letters, e-mail,electronic computer files, telegrams,minutes, contracts, reports, accident reports, incident reports, studies,calculations,computations,surveys, checks, statements, receipts, returns, summaries, pamphlets,books, prospectuses, circulars,trade letters, advertisements, interoffice communications, offers, notations of any sort of conversation(s), telephone calls,meetings or other communications, bulletins,printed matter, computer print-outs,teletypes,facsimiles,invoices, work sheets and all drafts,alterations, modifications,changes,and amendments of any of the foregoing,graphicor aural writs,records or representationsof any kind including,without limitation,photographs, charts, graphs, microfiche, microfilm, videotape,recordings,motion pictures;and electronic,mechanical or electric records or representationsof any kind including,without limitation,tapes, cassettes and disc recordings,and writingsand printedmaterial of every kind, whether or not the document is out o f?ygur-possessiopi c-ustqdy.or-goutml. '-IA-IfILiflf &*6WX]ib-dbiWYY,-FL--BM-ADA D. FORMAN, CLERK 11/05/2021 03:04:00 PM.**** Case No.. CACE-20-017586 2. The term "correspondence"means any tangibleobjectthat conveys information or memorializes information that was conveyed in tangibleor oral form including,but not limited to, writings,letters, memoranda, electronic mail (otherwiseknown as "e-mail"),facsimiles,reports, notes, telegramsand interoffice communication. 3 The term "relatingto" as used herein is defined to mean evidencing,referringto, pertainingto, consistingof,reflecting, concerning, or in any way logicallyor factuallyconnected with the matters discussed. 4. The term "Property"or "subjectProperty"refers to the property located at 401 SW 30th Ave., Ft. Lauderdale, Florida 33312. 5. "You," "your," "Insured," "Plaintiffs,"refers to Plaintiffs,JAMES DAVIS and MELVINA DAVIS, their agents, attorneys, representatives, and all other individuals actingor purportingto act on the Plaintiffs' behalf. 6. The term "loss" or "this claim" refers to the loss described in the Complaint or the loss reportedto SOUTHERN FIDELITY INSURANCE COMPANY for a date of loss occurring on or about May 14, 2020. 7. "Closing documents" refers to any documents involved in the real estate closingof the Property, includingbut not limited to completed loan applicationform, mortgage insurance application, promissory note pledging to pay the amount in full and with interest,mortgage document(s),payment letter stating the amount and due date ofthe first payment, truth in lending form, affidavit that the buyer'svarious names refer to one and the same person, survey form that accuratelydescribes the property, termite and/or other inspectionform(s),RESPA form, proration agreements, affidavit signifyingthe purchase priceand the source o fthe price,deed which transfers title from the buyer to the seller,bill o f sale transferring ownersh*, affidavit of title,Search of abstract title, title insurance,and affidavit relating to mechanic's liens,if any. 8 "Third party"refers to any person and/or entityother than the Plaintiffs. DOCUMENTS REQUESTED 2 Case No.. CACE-20-017586 1. All documents, including,but not limited to, correspondencebetween yourselfor any agent of yours and Southern Fidelityand/or its agents from the reportingo f the loss to the present. 2. All documents evidencingagreements for representation between yourselfand any individual or business entityrepresentingyou in this claim, including,but not limited to, contracts, letters of representation,assignment of benefits, correspondence, and fee schedules for representation by publicadjustersor publicadjusterfirms. This request does not seek agreements for legalrepresentation,but does seek unredacted documents responsive to this request. 3 Copies of any other insurance policiesin effect on the date of loss at the subject Property. 4. All documents evidencing the damages that you are claiming in this lawsuit, including,but not limited to, estimates,contracts, receipts, statements, invoices,and work orders. 5. All documents evidencingpayment to any third-partyfor services relatingto the loss. 6. Any proof of loss statements from you relatingto the claim. 7. All documents received by you from Southern Fidelityrelatingto this claim requestingyou complete a sworn, executed proo f of loss. 8. All documents evidencingthe replacementof damaged property as a result ofthe loss,including,but not limited to, contracts, rece*ts,canceled checks, bills of sale,statements, ATM rece*ts,credit card statements, and invoices. 9. All documents evidencing all repairsto any area of the Property that is being claimed in your loss. 10. All documents evidencingthe plumbing repairsrelatingto the loss. 11. All documents from the alleged handyman, contractor, and/or plumber who performed repairsto the hot water line or any plumbing lines at the Property. 12. All documents showing any payment made to the allegedhandyman, contractor, or plumber who performed repairsto the hot water line or any plumbing lines at the Property. 13. All photographs,videos, recordings,film,diagrams, drawings, charts,sketches or any other documents illustrating the damages sustained in the loss. 14. All documents and correspondencefrom Truview Mold Inspectionsrelatingto the loss. 3 Case No.. CACE-20-017586 15. All documents and correspondencefrom Pelican PropertiesInc. relatingto the loss. 16. Any and all photographs or videos which show the areas ofthe Property before the date o f the loss,which are allegedby Plaintiffs to have suffered damages in connection with the subjectloss. 17. All engineer,plumber or expert reports in support ofthe claim that the Propertyhas sustained damage as a result ofthe loss. 18. All documents evidencing plumbing repairsor service calls to a plumber or plumbing company, including,but not limited to, work orders,invoices,statements, inspections, payments, estimates,and receipts, from the date of loss to the present. 19. All documents prepared by third partieswho inspectedor evaluated the Property relating to the loss. 20. All documents evidencingyour efforts to protect the Property from further damage. 21. All documents from any water mitigationcompany who performed mitigation services at the Propertyrelatingto the loss. 22. All maintenance and/or repairrecords for the Property from the date of loss to the present. 23. All documents relatingto anyprior insurance claims at the Property,including,but not limited to, any repair rece*ts, estimates,photographs,invoices,etc. 24. All documents in your possessionrelatingto the loss. 25. Copies of any documents to be used bythe Plaintiffs at the trial ofthis matter. 26. Copies of rece*ts,invoices,bills,credit card charges,cancelled checks and other related documents evidencingrepairsof any nature made to any part ofthe subjectProperty from the date o f loss to date,including, but not limited to, repairsto the damaged area that is the subject matter ofthis lawsuit. 27. A copy of the closingdocuments received upon purchasingthe subjectProperty, includinga copy of the sales contract, note, and any pre-purchaseand final home inspection reports. 28. Any and all documents identified,referenced or relied upon by Plaintiffs in response to Defendant's Interrogatories. 29. Any and all documentation reflectingwhen you first noticed the damages which are the subjectofthis lawsuit. 4 Case No.. CACE-20-017586 30. Any and all documentation reflecting the areas of the Property that have been remodeled or are in the process ofbeing remodeled since your purchase ofthe Property,including, but not limited to, the entityor persons that performed or are performing the repairsor remodeling, since your purchase ofthe Property and continuingthrough the present. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 5th day of November, 2021, this document was filed usingthe Florida Courts E-FilingPortal. This document is being served on all counsel and pro se partiesofrecord by the Florida Courts E-FilingPortal,pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. The mailing and electronic addresses are: David Garcia, Esquire, Marin, Eljaiek,Lopez & Martinez P.L., Mellaw5@mellawyers.com;Eservice@mellawyers.com, 2601 South Bayshore Drive, 18thFloor, Coconut Grove, Florida 33133, (305)444-5969/(305)444-1939 (F),Attorney for Plaintiffs,JAMES DAVIS and MELVINA DAVIS. KELLEY KRONENBERG /s/ Marisa A. Wilson Marisa A. Wilson, Esq. Fla. Bar No.. 118006 mwilson@kelleykronenberg.com Jeffrey M. Wank, Esq. Fla. Bar No.. 68010 jwank@kelleykronenberg.com 10360 West State Road 84 Fort Lauderdale, FL 33324 Telephone: (954) 370-9970 Facsimile: (954) 382-1988 Attorneys for Southern FidelityInsurance Company Address for service ofpleadingsonly jwank@kelleykronenberg.com mwilson@kelleykronenberg.com cwillis@kelleykronenberg.com 5