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Filing # 127118816 E-Filed 05/19/2021 01:18:50 PM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JEAN HEDGE and ROBERT CASE NO: CACE-20-017607
HEDGE,
Plaintiffs,
vs.
OMEGA INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ SECOND 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 Plaintiffs through the undersigned counsel will
take the deposition, by oral examination of the following person(s) per Rule 1.310(b)(6)
as indicated below or at such other location, time, and date as is mutually agreed upon by
counsel or ordered by the Court, before an associate or deputy court reporter who is not
of counsel to the parties or interested in the events of this cause.
Name: Date: Time: Place:
Any and all 1/3/22 11:00a.m. — Universal Court Reporting
witnesses designated as Via Zoom
corporate representative(s) Zoom Link to be provided 24 hours
for Defendant per Rule Prior to Deposition
1.310(b)(6) regarding the
topics and subjects listed
on Schedule “A” and documents
listed on Schedule “B”, and
individually regarding all claim
information regarding Plaintiffs’
claim and predicate information within
their personal knowledge.
The deponent(s) is/are directed to produce for inspection or copying at the time of
deposition the documents called for in the attached Schedule “B” [and as to any documents over
which a claim of privilege is asserted, a privilege log per Rule 1.280(b)(5)].
The deposition(s) is/are being taken for the purpose of discovery, for use at trial, or for
such other purposes as are permitted under the Florida Rules of Civil Procedure. The deposition
will continue from day to day until completed.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/19/2021 01:18:49 PM.****In an effort to expedite the deposition(s), Plaintiffs’ counsel requests that the requested
documents responsive to Schedule “B” be produced at least ten (10) days before the date of the
deposition(s), to allow the parties to conduct the deposition quickly and efficiently. This will
eliminate the need for Plaintiffs’ counsel having to review the documents for the first time at the
deposition(s) with the deponent(s). Plaintiffs will reimburse deponent(s) for all reasonable costs
associated with producing the requested documents prior to the depositions.
Further, to the extent any privilege or confidentiality is claimed to apply to the requested
documents, the deponent(s) are directed to bring such responsive documents to the deposition(s)
so that they can fully answer all of counsel’s questioning. However, a privilege log as
contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to and at
the deposition(s) in lieu of the actual documents over which such claim(s) is asserted. Any such
privileged documents are nonetheless requested to be available at the deposition(s) for the
deponent(s) to review during the deposition(s) in order to fully answer 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 of the foregoing has been
furnished via E-mail and/or ePortal this 19 day of May, 2021 to: Michael A. Packer, Esq.
Marshall, Dennehey, Warner Coleman & Goggin, 2400 E. Commercial Blvd., Suite 1100, Fort
Lauderdale, FL 33308: mpacker@mdweg.com dnrobinson@mdweg.com
iiandreacchi@mdweg.com mjgagliardo@mdweg.com rrvalentin@mdweg.com
pleadingsftl\@mdweg.com
By: = /s/ S. i
Lynn F. Gambino, Esq.
Florida Bar No: 558524
THE MINEO SALCEDO LAW FIRM, P.A.
Attorneys for Plaintiff
5600 Davie Road
Davie, FL 33314
T: (954) 463-8100
F: (954) 463-8106
Service@mineolaw.com
Lgambino@mineolaw.com
ce: Universal Court Reporting
(via email)SCHEDULE “A”
1. The Corporate Representative who can identify by full name and company title all
those persons who participated in making the decisions by or on behalf of Defendant determining
the value of Plaintiffs’ claim, to pay Plaintiffs’ claim, or to withhold any payments(s) of
insurance proceeds to the Plaintiffs for his/her claim under the insurance policy.
2. The Corporate Representative with the most knowledge of Defendant’s investigation,
adjustment, and valuation of Plaintiffs’ claim.
3. The Corporate Representative most knowledgeable about the factual basis and all
policy language upon which Defendant’s Answer is based, including all denials and affirmative
defenses raised by Defendant in this cause.
4. The Corporate Representative who can identify and explain how the events which
occurred to cause Plaintiffs’ damages constitute events excluded from the coverage provided by
the policy of insurance or why Plaintiffs’ claim or damages are not otherwise covered under the
policy of insurance.
5. The Corporate Representative with the most knowledge who can describe
comprehensively and in detail Defendant’s investigation, adjustment and handling of the
Plaintiffs’ claim from the date it was initially reported to Defendant until the date of this lawsuit.
6. The Corporate Representative who 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 Plaintiffs’ claim which is the subject of this suit and the basis for those
decisions.
7. The Corporate Representative who can testify regarding the date Defendant reasonably
anticipated litigation with Plaintiffs for the subject claim and all circumstances which gave rise to
the Defendant’s reasonable expectation or belief that litigation would ensue, result or arise
regarding Plaintiffs’ claim at issue in this lawsuit.
8. The Corporate Representative who can identify and explain Defendant’s responses to
Plaintiffs’ discovery requests and all facts and policy language which support Defendant’s
responses to Plaintiffs’ discovery requests.
9. The Corporate Representative who can testify regarding the cause of loss that Defendant
attributed to Plaintiffs’ claim and all reasons for Defendant’s assignment of that cause of loss.
10. The Corporate Representative who can describe and state in detail and with specificity all
damages to Plaintiffs’ insured property, caused, directly or indirectly, by the subject incident.SCHEDULE “B”
1. All documents you reviewed in preparation for this deposition.
2. All documents you will rely on in responding to the topics in Schedule “A” during this
deposition.
3. For any documents withheld from paragraphs 1 and 2 above due to a claim of attorney-
client privilege, work product privilege or any other claimed right of privilege, provide a privilege
log pursuant to Florida Rule of Civil Procedure 1.280(b)(5).
4, The complete original written, printed, and electronic claim file(s) of Defendant and its
adjusters including all independent or third-party adjusters involved in adjusting, inspecting, and
handling Plaintiffs’ claim or loss (cover-to-cover), from the home office, regional office and local
office for the subject claim, including but not limited to:
A)
B)
°)
D)
E)
F)
All letters, memoranda, and other forms of written or computerized
communication 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.
All written or computerized records 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 processing of the subject claim.
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any
employee, representative or agent of Defendant and Plaintiffs, or his/her
representatives or agents that concern, refer, or relate in any way to the subject
claim(s).
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 adjuster that concern, refer, or relate in any way to the
subject claim(s).
All written or computerized records of any investigation or adjustment activities
by Defendant and its adjusters, from the date of loss through the earlier of the date
of this lawsuit or the date litigation was first anticipated by Defendant with regard
to the subject claim.
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 tothe decision to pay, deny, withhold, delay payment, or conditionally or partially
pay Plaintiffs’ claim.
G) All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between Plaintiffs and
any employee of Defendant and its adjusters that concern, refer, or relate in any
way to the decision by any employee of Defendant to pay, deny, withhold, delay
payment, or conditionally or partially pay Plaintiffs’ 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, delay
payment or conditionally or partially pay Plaintiffs’ claim.
2D All activity logs, diaries, claim notes or logs created by any adjuster, claim
representative, manager, or supervisor of Defendant or third party adjusters during
the adjustment of Plaintiffs’ claim up until the date of this lawsuit or the date
Defendant reasonably anticipated litigation 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 original negatives.
5. Copies of all documentation of whatever kind or nature in your possession, custody or
control concerning the subject loss, and all files relating to Plaintiffs, and his/her claim for
damages to the insured property, including but not limited to, certified copies of any applicable
insurance policies, recorded statements, documentation of the claim such as proofs of loss,
damage estimates, reports or memoranda by Defendant’s adjuster(s) regarding the extent of
damage and the reasons for payment, delay of payment, withholding of payment, or denial of
payment on the subject claim.
6. All checks reflecting payments made to Plaintiffs to date.
7. A certified copy of the policy of insurance in effect on the subject date of loss.
8. Copies of all summaries of statements made by Plaintiffs and all recorded or transcribed
statements taken by you, your representative(s) and/or your attorneys of Plaintiffs.9. Copies of all correspondence, notices, reports or other communications between you and
your representatives and Plaintiffs and his representatives regarding the loss at the insured property.
10. Copies of all letters from Defendant that make payment, deny payment, authorize
payment or withhold payment for the subject claim.
11. Copies of all documents in your possession, custody or control relating to 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 Plaintiffs 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 reaching your conclusions concerning valuation of the loss.
13. Copies of all other documents relied upon by you in reaching any conclusions regarding
the Plaintiffs’ insurance claim and the coverage and payment decisions made on Plaintiffs’ claim,
including all books, tables, depreciation tables, guides, price lists, whatsoever used by you in
determining the valuation of the property or property damage sustained by the Plaintiffs, the
methods of computation used by you in arriving at valuation figures for the property, all reports,
calculations, estimates and the like relied upon by you in arriving at any and all figures used 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 of the subject claim.
15. All documents which indicate or support the date when Defendant contends it first
reasonably expected or anticipated litigation with Plaintiffs and the reasons and factual
circumstances which gave rise to that expectation or belief.
16. Defendant’s Privilege Log prepared pursuant to Florida Rule of Civil Procedure
1.280(b)(5) identifying with particularity any and all documents withheld from Defendant’s
response to the preceding paragraphs as privileged, confidential, or otherwise protected from
discovery.