Party Discovery: Irma Hidalgo, et al Plaintiff vs. Citizens Property Insurance Corporation Defendant

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                                Filing # 127742693 E-Filed 05/28/2021 11:06:12 AM
 ,'1'H
 IN THE CIRCUIT COURT OF THE 17
 JUDICIAL CIRCUIT IN AND FOR
 BROWARD COUNTY, FLORIDA
 CIRCUIT CIVIL DIVISION
 CASE NO.:
 IRMA HIDALGO AND
 JUAN HIDALGO
 Plaintiffs,
 VS.
 CITIZENS PROPERTY
 INSURANCE CORPORATION
 Defendant,
 i
 NOTICE OF TAKING DEPOSITIONDUCES TECUM
 PLEASE TAKE NOTICE that the undersigned attorneys will take the depositionof:
 DEPONENT
 DATE AND TIME
 LOCATION
 Any and all witnesses designated
 TBD
 TBD
 as corporate representative(s)
 designated for Defendantper Rule
 1.310(b)(6)regardingthe topics and
 subjects listed on Schedule "A" and
 documents listed on Schedule "B".
 The deponent(s) is/are directed to produce for inspection or copying at the time of
 deposition the documentscalled for in the attached Schedule "B" [and as to any documentsover
 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: BROWARDCOUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 11:06:09 AM.****
 In an effort to expedite the deposition(s), Plaintiffs' counsel requests that the requested
 documents responsiveto Schedule "B" be produced at least ten (10) days before the date ofthe
 deposition(s),to allow the parties to conductthe deposition quicklyand efficiently.This will
 eliminate the need for Plaintiffs' counsel having to review the documentsfor the first time at the
 deposition(s) with the deponent(s).Plaintiffs will reimburse deponent(s)for all reasonablecosts
 associatedwith producingthe requested documentsprior to the depositions.
 Further, to the extent any privilege or confidentialityis claimed to apply to the requested
 documents, the deponent(s)are directed to bring such responsive documentsto 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 ofthe actual documentsover which such claim(s)is asserted.Any such
 privilegeddocumentsare nonetheless requested to be available at the deposition(s) for the
 deponent(s) to review duringthe 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 discovery was
 served on the Defendant together with the Complaint filed in this action.
 GREENBERGRAMON-ALONSO & URBANO
 Counsel for Plaintiffs
 11440 North Kendall Drive
 Penthouse 400
 Miami, FL 33176
 Telephone: (305) 595-2400
 Facsimile: (305) 595-5105
 BY: /s/ Dennis N. Urbano
 DENNIS N. URBANO
 durbano@sgglaw.com
 scheduling@sgglaw.com
 SCHEDULE "A"
 1.
 Identify by full name the individualwho reported the loss, the date it was reported, and
 the method by which the claim was reported. Ifthe claim was reported via telephone,
 please indicate if a recording of said call exists.
 2.
 Identity by full name and company title of all persons who participated in any inspection
 of the insured property after the loss.
 3.
 Identityby full name and company title of all persons who participated in determining the
 value of Plaintiffs' claim.
 4.
 Comprehensively discuss any and all photographs,estimates and reports prepared after
 the loss.
 5.
 Comprehensively discuss compliancewith any post loss conditions and exclusions relied
 on by the Defendant in the denial of Plaintiffs' claim.
 6.
 Explain all policy language relied upon to deny or extend coverage.
 7.
 Testifyregarding the cause of loss that Defendant attributedto Plaintiffs' claim during its
 investigation ofthe claim.
 8.
 All correspondence and/or documentationsent to/from Plaintiffs relatingto the incident
 alleged in the Complaint at any time from the date of loss to the present date.
 9.
 Identify all documentsrequested prior to suit and reason for requesting same.
 10. Identify and explain any coverage decision made regarding the Plaintiffs' claim.
 11. Identify by full name and company title all those persons who participated in making
 coverage determination decisions by or on behalf of the Defendant after the loss.
 12. Explain why the insurer could not determine coverage based on the informationprovided
 by the insureds (if applicable).
 13. Explain all allegations containedin Defendant's Answer and AffirmativeDefenses.
 14. Explain all facts or documentsregarding the Defendant's AffirmativeDefenses.
 15. Explain Defendant's responsesto Plaintiffs' written discoveryrequests and all facts
 which support Defendant's responsesto Plaintiffs' written discoveryrequests.
 This is not an exhaustive list and additional areas of inquiry may be necessary depending
 upon additional discovery and responses to questions asked at the deposition. If it is necessary to
 producemore than one Corporate Representative(s)in accordance with Fla. R. Civ. Pro. 1.310,
 please designate all persons with the necessary knowledge.
 The deponentis requested to bring all photographs, all inspectionreports and other
 documents upon which Defendant plans to relyupon at trial: along with any and all documents
 not protected by work product or privilege which will refresh the recollection of the deponent so
 as to allow for competent testimony at the deposition. In the alternative, the deponent is
 requested to review the claims file in order to intelligently testify as to dates and times related to
 the claim and the names and addresses of persons involved with the subject claim:
 * Plaintiffs reserve the right to re-deposethe deponent should Defendant later waive its objection
 to production of such documents or informationit had previously deemed privilegedand
 intended to use at trial.
 SCHEDULE "B"
 1.
 CurriculumVitae or current resume.
 2.
 All non-privileged documentsand materials, whether electronic or otherwise, including
 the original notice of assignment ofthe Insureds' subject claim, any correspondence,
 notes, letters, pleadings,photographs,audio recordings,video recordings,
 communications,or information, that you have reviewed, relied upon, referenced,or
 heard of that relate or pertain in any way to this lawsuit from any source, including such
 documents or materials that were used or relied upon by you in making your opinion for
 the subject claim.
 To the extent Defendant contends that any of the requests listed above seek documents
 protected by privilege,Plaintiffs request that Defendant prepare and produce prior to the
 deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiffs also requests
 that the documentsDefendant asserts are privilegedbe brought to the deposition and made
 available to the deponentfor the sole purpose ofrefreshingthe deponent's recollection,to allow
 competent testimony during the deposition.