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Filing# 137179412 E-Filed 10/25/2021 11:50:00 AM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
JIMMY NOEL,
CASE NO. CACE-21-006186 Div: 25
Plaintiff
VS.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
NOTICE OF SERVICE OF PLAINTIFF'S
UNVERIFIED ANSWERS TO INTERROGATORIES
Florida Bar #218261
COMES NOW Plaintiff,JIMMY NOEL and hereby files this Notice ofService ofPlaintiffs
Unverified Answers to Interrogatories.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this 251 day ofOctober, 2021, a true and correct copy of
the foregoingwas emailed electronically
filed and servedthroughthe Florida Court's E-FilingPortal
to: Ana C. Arenas, Esq., of Bronstein & Carmona, P.A., 8000 Peters Road, Suite A-200, Fort
Lauderdale, Florida,33324, at service@bronstein-carmona.
com.
DUBOFF LAW FIRM
ATTORNEY FOR PLAINTIFF
680 NE 127 STREET
NORTH MIAMI, FLORIDA 33161
TELEPHONE
(305)899-0085
FAX No.
(305)899-0091
BY:
KENNETH R. DUBOFF. ESO.
KENNETH R. DUBOFF
DUBOFF
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/25/2021 11:50:00 AM.****
FIRST SET OF INTERROGATORIES TO PLAINTIFF
1.
Please state the name, address and telephonenumber ofall persons who are assisting
you in providingresponses to these Interrogatories,
and include the nature of the relationship
between you and that person.
ANSWER:
Duboff Law Office
680 N.E. 127 Street
North Miami, Florida 33161
Counsel for Plaintiff
2.
Please describe in detail what events transpiredat the subjectproperty on or about
November 10,2020 that caused or contributed to the allegedloss that is the subjectmatter ofthis
cause of action againstCitizens,includinghow the loss was discovered and who discovered the loss.
ANSWER: Plaintiff received a call from the tenant that there was a water leak from
the bathroom sink.
3
Please state the date that any of the damages being claimed, as allegedin the
Complaint for damages, were first reportedto Citizens and state how the damages were reportedas
well as the name of the person to whom the damages were reported.
ANSWER:
The claim was reported or about November 10, 2020 by the Duboff Law
Office.
4.
Please describe in detail,what efforts,
ifany,where made to mitigateany damage(s)
to the Property after the loss as allegedin the Complaint for Damages.
ANSWER: The Plaintiff called a plumber who came to stop the water leak but the
damage was already done.
5.
Please state with specificity
the dollar amount you are claimingthat you are entitled
to be paid with respect to your claim for damage to the Property,as a result ofthe allegedloss which
occurred on or about November 10,2020, as allegedin the Complaint.
Additionally,pleaseinclude the following:
a. The date that the damage was first noticed.
b. Describe where within the Propertythe damage was located.
c. Describe all damage to the Propertywhich occurred on November 10,2020 as a result of
the allegedloss.
d. As to each item of damage claimed, pleasedescribe the status ofthe damage (whether
repairedor pending).
e. If the damage claimed has been repaired,
pleasestate the names and addresses of the
individual or contractor that made repairs,
when the repairswere made, and the costs ofthe
rep airs.
DUBOFF
f. State whether any photographswere taken of damage to the Propertypriorto any repairs.
If so, identifywho took the photos.
g. If additional repairsare necessary, state what repairs
need to be completed.
ANSWER: Objection: over broad, unduly burdensome, oppressive, vexatious, not
reasonably limited in time and scope and equally available. Notwithstanding said objections
and without waiving same, all documents responsive to this request in Plaintiff's possession,
custody or control that relate to the loss that is the subject of this lawsuit are attached hereto
and as to repairs to the property, none.
6.
Please identifywithspecificity,
includingname, address,telephonenumber, company
name andjob title,all contractors, sub-contractors,engineers,plumbers, architects,tile companies,
handymen, material men, and all other entities and/or individuals with whom you have consulted
with, and/or retained to inspect,repair,and/or provide estimate(s)for the repairand/or replacement
of any damages which occurred at the Property from the November 10,2020 loss,up to the date of
service of your responses to these interrogatories
upon Citizens.
ANSWER:
Big Ram Plumbing
2550 NW 47th Avenue
Lauderhill, FL 33313
Coastal Insurance Analysis,Inc.
12940 SW 128)th Street, Suite 204
Miami, FL 33186
WaterFire Restoration LLC
8355 SW 137I,th Avenue
Miami, FL 33183
7.
Identifywith specificity,
all supportingdocuments (and attach said documents
pursuant
to
Rule
1.350,
Fla.
R.
Civ.
P) evidencing the
observations, inspections,
repairs/replacements,
and the related involvement of the entities,professionalsor individuals
identified in InterrogatoryNo. 6, including,but not limited to plans,estimates,reports, diagrams,
field notes, illustrations,
photographs,invoices,videos,records ofpayment, correspondence and/or
repairrecords.
ANSWER: Objection: calls for speculation,lack offoundation, improperopinion;also
work-product privileged.Notwithstanding said objection and without waiving it,Plaintiff
lacks the skill,trainingand experienceto personally respond to this interrogatory.However,
pursuant to Fla. R. Civ. P. 1.340, any and all non-privilegeddocuments that describe and
detail the requested information shall be provided in response to Defendant's Request for
Production.
DUBOFF
8
Please indicate whether you had the Propertyinspectedpriorto purchasingiton the
date listed in InterrogatoryNo.18, and include the date ofthe inspection,
the name ofthe company,
corporation,
entity,
business, or person that performed said inspections,
and the address and/or
telephonenumber for said company, corporation,entity,
business, or person that performed said
inspections.
ANSWER: Objection: this interrogatory seeks information that is not relevant to the
subject matter of this litigationand not reasonably calculated to lead to admissible evidence
relatingto allegationsofthe Petition. Fla. Rules of Civ. Pro. 1.280 (b) CityofMiami v. Fraternal
Order ofPo/ice,346 So.2d 100 (Fla.3d DCA 1977): Reynolds v. Hofmann, 305 So.2d 294 (Fla.
3d DCA 1974); Jones v. Seaboard Coast Line Railroad Company, 297 So.2d 861 (Fla.2d DCA
1974)(The purpose of modern discovery is to disclose items that may lead to evidence on the
issues as framed by the pleadings). Notwithstanding said objection and without waiving it,
none
9-
Please state whether you, or your agents, allowed for Citizens to perform an
inspectionof the home subsequent to the loss and if so, state who was present for Citizens'
inspection,
the date Citizens was able to inspectthe allegedloss,and who from Citizens inspected
the allegedloss.
ANSWER: Objection: equally available.
10.
Please providethe name, address and telephonenumber of all persons who have, or
may have knowledge of the facts set forth within the Complaint. Include the facts that each person
has knowledge of and the source of that knowledge.
ANSWER:
Jimmy Noel
1712 SW 70th Avenue
North Lauderdale, FL 33068
Leslie Arias (Tenant)
1652 SW 70 Avenue
North Lauderdale, Florida 33068
Big Ram Plumbing
2550 NW 47th Avenue
Lauderhill, FL 33313
Coastal Insurance Analysis,Inc.
12940 SW 128ith Street, Suite 204
Miami, FL 33186
WaterFire Restoration LLC
8355 SW 137I,th Avenue
Miami, FL 33183
CITIZEN Employees and Agents
DUBOFF
11.
Were anyrepairs,
improvements,modifications orreplacementsmade tothe Property
as the result of any priorhomeowner insurance claims?
Additionally,
pleasealso state:
a. Who made any such repairs,
improvements, modifications or replacements;
b. When such repairs,
improvements, modifications or replacementswere made;
c. What parts of the home were repaired,improved, modified or replaced;and
d. The costs of such repairs,
improvements, modifications or replacements.
ANSWER: None
12.
Please describe in detail the nature of any repair(s),
renovations, or construction to
the Property from the date ofpurchase to the present time. Additionally,pleaseidentifythe name(s)
and current address(es)of the individual(s)and entity(ies)who participatedin such repairs,
renovations, or construction,or whom you have retained to conduct such repairs, renovations or
construction.
ANSWER: None
13.
Do anyindividual(s)
and/or entity(ies),
otherthanyourself,
have an ownersh* interest
in the Property?If so, pleaseprovideeach person or entity's
name, address and telephonenumber,
as well as, the nature and scope of each person or entity's
ownersh* interest,
when that interest was
acquiredor obtained,and your relationship
to each person or entityholdingsuch ownershipinterest.
ANSWER: No
14.
Please describe with specificity
any losses to the Property that occurred before and
afterNovember 10,2020, includingthe cause ofsuch damages and who made such a determination.
Additionally,
pleasestate the name(s) and current address(es)of any individual(s)
and entity(ies)
who participated
in the repairor whom you have retained to repairor replaceany ofthe damages you
identified.
ANSWER: None
15.
Describe with specificity
any additional livingexpenses that you allegeyou incurred
as a result ofthe subjectloss to the Property.
ANSWER: None
16.
Describe with specificity
any personalproperty damage that you allegeyou incurred
as a result of the subjectloss to the Propertyincludingthe amount of damage, the originaldate of
purchase,the amount the property was purchased,etc.
ANSWER: None
DUBOFF
17.
Please state with specificity
each fact the Plaintiff is relyingon, with regardto each
item of damage being claimed, as referenced in the Complaint.
ANSWER: Objection: work product and attorney client privileged;also calls for
speculation,lack foundation.
18.
Please state the date that you purchased the Property and from whom you
purchased it.
ANSWER: Objection: equally available in public records.
DUBOFF
JURAT PAGE
IN WITNESS WHEREOF, the undersigned has executed the foregoing answers to
Interrogatories
and states that same are true and correct to the best ofthe undersigned'sknowledge
and belief.
JIMMY NOEL
STATE OF FLORIDA
COUNTY OF
SWORN TO AND SUBSCRIBED before me by means of O physical presence
or
0 online notarization, this
day of October, 2021, by Jimmy Noel who is
O Personally Known, or O Produced Identification
Notary Public,State ofFlorida
DUBOFF
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Filing# 137179412 E-Filed 10/25/2021 11:50:00 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JIMMY NOEL, CASE NO. CACE-21-006186 Div: 25 Plaintiff VS. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. NOTICE OF SERVICE OF PLAINTIFF'S UNVERIFIED ANSWERS TO INTERROGATORIES Florida Bar #218261 COMES NOW Plaintiff,JIMMY NOEL and hereby files this Notice ofService ofPlaintiffs Unverified Answers to Interrogatories. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this 251 day ofOctober, 2021, a true and correct copy of the foregoingwas emailed electronically filed and servedthroughthe Florida Court's E-FilingPortal to: Ana C. Arenas, Esq., of Bronstein & Carmona, P.A., 8000 Peters Road, Suite A-200, Fort Lauderdale, Florida,33324, at service@bronstein-carmona. com. DUBOFF LAW FIRM ATTORNEY FOR PLAINTIFF 680 NE 127 STREET NORTH MIAMI, FLORIDA 33161 TELEPHONE (305)899-0085 FAX No. (305)899-0091 BY: KENNETH R. DUBOFF. ESO. KENNETH R. DUBOFF DUBOFF *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/25/2021 11:50:00 AM.**** FIRST SET OF INTERROGATORIES TO PLAINTIFF 1. Please state the name, address and telephonenumber ofall persons who are assisting you in providingresponses to these Interrogatories, and include the nature of the relationship between you and that person. ANSWER: Duboff Law Office 680 N.E. 127 Street North Miami, Florida 33161 Counsel for Plaintiff 2. Please describe in detail what events transpiredat the subjectproperty on or about November 10,2020 that caused or contributed to the allegedloss that is the subjectmatter ofthis cause of action againstCitizens,includinghow the loss was discovered and who discovered the loss. ANSWER: Plaintiff received a call from the tenant that there was a water leak from the bathroom sink. 3 Please state the date that any of the damages being claimed, as allegedin the Complaint for damages, were first reportedto Citizens and state how the damages were reportedas well as the name of the person to whom the damages were reported. ANSWER: The claim was reported or about November 10, 2020 by the Duboff Law Office. 4. Please describe in detail,what efforts, ifany,where made to mitigateany damage(s) to the Property after the loss as allegedin the Complaint for Damages. ANSWER: The Plaintiff called a plumber who came to stop the water leak but the damage was already done. 5. Please state with specificity the dollar amount you are claimingthat you are entitled to be paid with respect to your claim for damage to the Property,as a result ofthe allegedloss which occurred on or about November 10,2020, as allegedin the Complaint. Additionally,pleaseinclude the following: a. The date that the damage was first noticed. b. Describe where within the Propertythe damage was located. c. Describe all damage to the Propertywhich occurred on November 10,2020 as a result of the allegedloss. d. As to each item of damage claimed, pleasedescribe the status ofthe damage (whether repairedor pending). e. If the damage claimed has been repaired, pleasestate the names and addresses of the individual or contractor that made repairs, when the repairswere made, and the costs ofthe rep airs. DUBOFF f. State whether any photographswere taken of damage to the Propertypriorto any repairs. If so, identifywho took the photos. g. If additional repairsare necessary, state what repairs need to be completed. ANSWER: Objection: over broad, unduly burdensome, oppressive, vexatious, not reasonably limited in time and scope and equally available. Notwithstanding said objections and without waiving same, all documents responsive to this request in Plaintiff's possession, custody or control that relate to the loss that is the subject of this lawsuit are attached hereto and as to repairs to the property, none. 6. Please identifywithspecificity, includingname, address,telephonenumber, company name andjob title,all contractors, sub-contractors,engineers,plumbers, architects,tile companies, handymen, material men, and all other entities and/or individuals with whom you have consulted with, and/or retained to inspect,repair,and/or provide estimate(s)for the repairand/or replacement of any damages which occurred at the Property from the November 10,2020 loss,up to the date of service of your responses to these interrogatories upon Citizens. ANSWER: Big Ram Plumbing 2550 NW 47th Avenue Lauderhill, FL 33313 Coastal Insurance Analysis,Inc. 12940 SW 128)th Street, Suite 204 Miami, FL 33186 WaterFire Restoration LLC 8355 SW 137I,th Avenue Miami, FL 33183 7. Identifywith specificity, all supportingdocuments (and attach said documents pursuant to Rule 1.350, Fla. R. Civ. P) evidencing the observations, inspections, repairs/replacements, and the related involvement of the entities,professionalsor individuals identified in InterrogatoryNo. 6, including,but not limited to plans,estimates,reports, diagrams, field notes, illustrations, photographs,invoices,videos,records ofpayment, correspondence and/or repairrecords. ANSWER: Objection: calls for speculation,lack offoundation, improperopinion;also work-product privileged.Notwithstanding said objection and without waiving it,Plaintiff lacks the skill,trainingand experienceto personally respond to this interrogatory.However, pursuant to Fla. R. Civ. P. 1.340, any and all non-privilegeddocuments that describe and detail the requested information shall be provided in response to Defendant's Request for Production. DUBOFF 8 Please indicate whether you had the Propertyinspectedpriorto purchasingiton the date listed in InterrogatoryNo.18, and include the date ofthe inspection, the name ofthe company, corporation, entity, business, or person that performed said inspections, and the address and/or telephonenumber for said company, corporation,entity, business, or person that performed said inspections. ANSWER: Objection: this interrogatory seeks information that is not relevant to the subject matter of this litigationand not reasonably calculated to lead to admissible evidence relatingto allegationsofthe Petition. Fla. Rules of Civ. Pro. 1.280 (b) CityofMiami v. Fraternal Order ofPo/ice,346 So.2d 100 (Fla.3d DCA 1977): Reynolds v. Hofmann, 305 So.2d 294 (Fla. 3d DCA 1974); Jones v. Seaboard Coast Line Railroad Company, 297 So.2d 861 (Fla.2d DCA 1974)(The purpose of modern discovery is to disclose items that may lead to evidence on the issues as framed by the pleadings). Notwithstanding said objection and without waiving it, none 9- Please state whether you, or your agents, allowed for Citizens to perform an inspectionof the home subsequent to the loss and if so, state who was present for Citizens' inspection, the date Citizens was able to inspectthe allegedloss,and who from Citizens inspected the allegedloss. ANSWER: Objection: equally available. 10. Please providethe name, address and telephonenumber of all persons who have, or may have knowledge of the facts set forth within the Complaint. Include the facts that each person has knowledge of and the source of that knowledge. ANSWER: Jimmy Noel 1712 SW 70th Avenue North Lauderdale, FL 33068 Leslie Arias (Tenant) 1652 SW 70 Avenue North Lauderdale, Florida 33068 Big Ram Plumbing 2550 NW 47th Avenue Lauderhill, FL 33313 Coastal Insurance Analysis,Inc. 12940 SW 128ith Street, Suite 204 Miami, FL 33186 WaterFire Restoration LLC 8355 SW 137I,th Avenue Miami, FL 33183 CITIZEN Employees and Agents DUBOFF 11. Were anyrepairs, improvements,modifications orreplacementsmade tothe Property as the result of any priorhomeowner insurance claims? Additionally, pleasealso state: a. Who made any such repairs, improvements, modifications or replacements; b. When such repairs, improvements, modifications or replacementswere made; c. What parts of the home were repaired,improved, modified or replaced;and d. The costs of such repairs, improvements, modifications or replacements. ANSWER: None 12. Please describe in detail the nature of any repair(s), renovations, or construction to the Property from the date ofpurchase to the present time. Additionally,pleaseidentifythe name(s) and current address(es)of the individual(s)and entity(ies)who participatedin such repairs, renovations, or construction,or whom you have retained to conduct such repairs, renovations or construction. ANSWER: None 13. Do anyindividual(s) and/or entity(ies), otherthanyourself, have an ownersh* interest in the Property?If so, pleaseprovideeach person or entity's name, address and telephonenumber, as well as, the nature and scope of each person or entity's ownersh* interest, when that interest was acquiredor obtained,and your relationship to each person or entityholdingsuch ownershipinterest. ANSWER: No 14. Please describe with specificity any losses to the Property that occurred before and afterNovember 10,2020, includingthe cause ofsuch damages and who made such a determination. Additionally, pleasestate the name(s) and current address(es)of any individual(s) and entity(ies) who participated in the repairor whom you have retained to repairor replaceany ofthe damages you identified. ANSWER: None 15. Describe with specificity any additional livingexpenses that you allegeyou incurred as a result ofthe subjectloss to the Property. ANSWER: None 16. Describe with specificity any personalproperty damage that you allegeyou incurred as a result of the subjectloss to the Propertyincludingthe amount of damage, the originaldate of purchase,the amount the property was purchased,etc. ANSWER: None DUBOFF 17. Please state with specificity each fact the Plaintiff is relyingon, with regardto each item of damage being claimed, as referenced in the Complaint. ANSWER: Objection: work product and attorney client privileged;also calls for speculation,lack foundation. 18. Please state the date that you purchased the Property and from whom you purchased it. ANSWER: Objection: equally available in public records. DUBOFF JURAT PAGE IN WITNESS WHEREOF, the undersigned has executed the foregoing answers to Interrogatories and states that same are true and correct to the best ofthe undersigned'sknowledge and belief. JIMMY NOEL STATE OF FLORIDA COUNTY OF SWORN TO AND SUBSCRIBED before me by means of O physical presence or 0 online notarization, this day of October, 2021, by Jimmy Noel who is O Personally Known, or O Produced Identification Notary Public,State ofFlorida DUBOFF