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Filing # 131884596 E-Filed 08/02/2021 06:30:00 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: CACE-21-003833 (02)
ANSELMO CARVALHO AND MARILENE
CARVALHO,
Plaintiffs,
VS.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
PLAINTIFFS' RESPONSE TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION
COMES NOW, Plaintiffs, ANSELMO CARVALHO AND MARILENE CARVALHO,
by and through its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby serves its
Response to Defendant's First Request for Production as follows:
1. Any and allletters, notes, documents, investigative reports, correspondence, memoranda
or statements between Plaintiffs and Defendant with regard to the property at issue in this
lawsuit.
Attached.
2. Copies of any and all appraisals or estimates of the value ofthe property insured under the
policy at issue in this lawsuit, prior to or after the loss in question, including the home
inspection report and appraisal report upon purchase or transfer of the subject property to
Plaintiffs.
Requested and will be provided upon receipt.
3. Any and all correspondence between Plaintiffs and any Governmental, County, or City
Agencies regarding the property at issue in this lawsuit, including any permits issued.
None in the control or possession of Plaintiffs.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/02/2021 06:30:00 PM.****
4. Any and all documents, inventories, letters, invoices or correspondence indicating,
reflecting, or evidencing any the loss or any alleged damage to the property at issue in this
lawsuit.
Attached.
5. Any and all documents or records related to the claims asserted in the Complaint.
Attached.
6. Any and all invoices or receipts evidencing any and all work performed or monies paid
relating to the loss complained of within the past five (5) years.
None in the control or possession of Plaintiffs.
7. Any and all photographs,videotapes, charts, graphs or pictorial evidence of the damages
or repairs sued upon.
Attached.
8. Any and all photographs ofthe property taken at any time prior to the loss or claim at issue.
Requested and will be provided upon receipt.
9. Any and all evidence, such as lease agreements or invoices, of additional living expenses
incurred as a result of the loss complained of in Plaintiffs' Complaint.
None in the control or possession of Plaintiffs.
10. Any and all documents, correspondence, letters, records, receipts, invoices, or paperwork
related to the maintenance, repairs, or replacement to the roofing system or any part thereof
at the insured property for the last ten (10) years.
Objection. Overbroad, vague and ambiguous.
11. Any receipt, invoice or evidence of monies paid for any remediation work relating to the
alleged loss in Plaintiffs' Complaint.
None in the control or possession of Plaintiffs.
12. Any and all correspondence,including emails and text messages, with the remediation or
mitigation company or companies that performed work at the property as a result of the
claim that is the subject of this lawsuit.
None in the control or
possession of Plaintiffs.
13. Any and all correspondence,including emails and text messages, with the public adjuster
or public adjuster's office.
Attached.
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14. Any documents pertaining to any other losses claimed by the insured under any insurance
policy for the property at issue within the last ten (10) years.
None.
15. Any documents or records to losses or claims pertaining to other property owned or
belonging to the Plaintiffs.
None.
16. Any and all documents related to any remodeling or renovation work performed on the
subject property,including but not limited to all documentsreflectingthe names, addresses,
and dates of individuals performing any work, contracts related to remodeling, invoices,
bids, permits, cancelled checks, debit or credit card statements, bank statements, and/or
rece*ts for payment ofwork or materialsrelated to any remodeling ofthe subject dwelling.
Objection. Overbroad, vague and ambiguous.
17. Any and all reports, opinions, statements, findings or communications of any kind received
from any third parties concerning the damage to the property at issue in this litigation, as a
result of the claim referenced in the Complaint.
None in the control or possession of Plaintiffs.
18. All records regarding improvements, repairs and maintenance of the subject property,
including the roof and interior ofthe property since the date Plaintiffs purchasedthe subject
property.
Objection. Overbroad, vague and ambiguous.
19. Any and all documents submitted by or on behalf of the Plaintiffs herein with respect to
the claim which is the subject of this lawsuit.
Attached.
20. Any and all written
correspondence, documentation, memoranda and/or written
recollections of telephone conversations, by and between Plaintiffs and/or Plaintiffs'
agents and/or representatives and Defendant and/or Defendant's agents and/or
representatives related to, reflecting, evidencing and/or referring to the claim that is the
subject ofthis lawsuit.
Attached.
21. Any notes taken by Plaintiffs or Plaintiffs' agents or representatives regarding the claim
that is the subject ofthis lawsuit.
None in the control or possession of Plaintiffs.
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22. Any and all records, invoices, receipts, or proposals relating to roofrepairs or maintenance
at any time preceding the date of loss.
Objection. Overbroad, vague and ambiguous.
23. Any and all records, invoices, receipts, or proposals relating to roofrepairs or maintenance
at any timefollowing the date of loss.
None in the control or
possession of Plaintiffs.
24. Any and all records relating to other claims or losses at the subject property, whether prior
or subsequent to the subject loss and claim.
None.
25. Any and all records relating to repairs or renovations as a result ofprior claims or losses at
the subject property, whether prior or subsequent to the subject loss and claim.
None.
26. Any and all proof of mold relating to the loss that is the subject of this lawsuit, including
but not limited to photographs,video, and lab test results.
None.
27. Any and all estimates, proposals, or invoices related to mold remediation or repairs as a
result of mold remediation.
None.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been provided via
e-service via the Florida E-portal on this 2nd day of August, 2021, to: Brittany J. Phillips, Esq.,
Attorney for Defendant, Heritage Property & Casualty Insurance Company, 1571 Sawgrass
Corporate Parkway, Suite 400, Sunrise, Florida 33323, at:
and
Respectfully submitted,
Law Offices of Scott Klotzman, P.A.
Attorney for PlaintifJ
2001 Tyler Street, Suite 5
Hollywood, Florida 33020
Phone: 954.915.7405
Email:
By: /s/ Luis M. Perez
Scott Klotzman, Esquire
Florida Bar No.. 048099
Luis M. Perez, Esq.
Florida Bar No.. 72309
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Filing # 131884596 E-Filed 08/02/2021 06:30:00 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: CACE-21-003833 (02) ANSELMO CARVALHO AND MARILENE CARVALHO, Plaintiffs, VS. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i PLAINTIFFS' RESPONSE TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION COMES NOW, Plaintiffs, ANSELMO CARVALHO AND MARILENE CARVALHO, by and through its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby serves its Response to Defendant's First Request for Production as follows: 1. Any and allletters, notes, documents, investigative reports, correspondence, memoranda or statements between Plaintiffs and Defendant with regard to the property at issue in this lawsuit. Attached. 2. Copies of any and all appraisals or estimates of the value ofthe property insured under the policy at issue in this lawsuit, prior to or after the loss in question, including the home inspection report and appraisal report upon purchase or transfer of the subject property to Plaintiffs. Requested and will be provided upon receipt. 3. Any and all correspondence between Plaintiffs and any Governmental, County, or City Agencies regarding the property at issue in this lawsuit, including any permits issued. None in the control or possession of Plaintiffs. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/02/2021 06:30:00 PM.**** 4. Any and all documents, inventories, letters, invoices or correspondence indicating, reflecting, or evidencing any the loss or any alleged damage to the property at issue in this lawsuit. Attached. 5. Any and all documents or records related to the claims asserted in the Complaint. Attached. 6. Any and all invoices or receipts evidencing any and all work performed or monies paid relating to the loss complained of within the past five (5) years. None in the control or possession of Plaintiffs. 7. Any and all photographs,videotapes, charts, graphs or pictorial evidence of the damages or repairs sued upon. Attached. 8. Any and all photographs ofthe property taken at any time prior to the loss or claim at issue. Requested and will be provided upon receipt. 9. Any and all evidence, such as lease agreements or invoices, of additional living expenses incurred as a result of the loss complained of in Plaintiffs' Complaint. None in the control or possession of Plaintiffs. 10. Any and all documents, correspondence, letters, records, receipts, invoices, or paperwork related to the maintenance, repairs, or replacement to the roofing system or any part thereof at the insured property for the last ten (10) years. Objection. Overbroad, vague and ambiguous. 11. Any receipt, invoice or evidence of monies paid for any remediation work relating to the alleged loss in Plaintiffs' Complaint. None in the control or possession of Plaintiffs. 12. Any and all correspondence,including emails and text messages, with the remediation or mitigation company or companies that performed work at the property as a result of the claim that is the subject of this lawsuit. None in the control or possession of Plaintiffs. 13. Any and all correspondence,including emails and text messages, with the public adjuster or public adjuster's office. Attached. 2 14. Any documents pertaining to any other losses claimed by the insured under any insurance policy for the property at issue within the last ten (10) years. None. 15. Any documents or records to losses or claims pertaining to other property owned or belonging to the Plaintiffs. None. 16. Any and all documents related to any remodeling or renovation work performed on the subject property,including but not limited to all documentsreflectingthe names, addresses, and dates of individuals performing any work, contracts related to remodeling, invoices, bids, permits, cancelled checks, debit or credit card statements, bank statements, and/or rece*ts for payment ofwork or materialsrelated to any remodeling ofthe subject dwelling. Objection. Overbroad, vague and ambiguous. 17. Any and all reports, opinions, statements, findings or communications of any kind received from any third parties concerning the damage to the property at issue in this litigation, as a result of the claim referenced in the Complaint. None in the control or possession of Plaintiffs. 18. All records regarding improvements, repairs and maintenance of the subject property, including the roof and interior ofthe property since the date Plaintiffs purchasedthe subject property. Objection. Overbroad, vague and ambiguous. 19. Any and all documents submitted by or on behalf of the Plaintiffs herein with respect to the claim which is the subject of this lawsuit. Attached. 20. Any and all written correspondence, documentation, memoranda and/or written recollections of telephone conversations, by and between Plaintiffs and/or Plaintiffs' agents and/or representatives and Defendant and/or Defendant's agents and/or representatives related to, reflecting, evidencing and/or referring to the claim that is the subject ofthis lawsuit. Attached. 21. Any notes taken by Plaintiffs or Plaintiffs' agents or representatives regarding the claim that is the subject ofthis lawsuit. None in the control or possession of Plaintiffs. 3 22. Any and all records, invoices, receipts, or proposals relating to roofrepairs or maintenance at any time preceding the date of loss. Objection. Overbroad, vague and ambiguous. 23. Any and all records, invoices, receipts, or proposals relating to roofrepairs or maintenance at any timefollowing the date of loss. None in the control or possession of Plaintiffs. 24. Any and all records relating to other claims or losses at the subject property, whether prior or subsequent to the subject loss and claim. None. 25. Any and all records relating to repairs or renovations as a result ofprior claims or losses at the subject property, whether prior or subsequent to the subject loss and claim. None. 26. Any and all proof of mold relating to the loss that is the subject of this lawsuit, including but not limited to photographs,video, and lab test results. None. 27. Any and all estimates, proposals, or invoices related to mold remediation or repairs as a result of mold remediation. None. 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been provided via e-service via the Florida E-portal on this 2nd day of August, 2021, to: Brittany J. Phillips, Esq., Attorney for Defendant, Heritage Property & Casualty Insurance Company, 1571 Sawgrass Corporate Parkway, Suite 400, Sunrise, Florida 33323, at: and Respectfully submitted, Law Offices of Scott Klotzman, P.A. Attorney for PlaintifJ 2001 Tyler Street, Suite 5 Hollywood, Florida 33020 Phone: 954.915.7405 Email: By: /s/ Luis M. Perez Scott Klotzman, Esquire Florida Bar No.. 048099 Luis M. Perez, Esq. Florida Bar No.. 72309 5