Preview
Filing # 131788475 E-Filed 07/30/2021 09:06:31 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE-21-007721
ANGEL RENDON AND MELINDA RENDON,
Plaintiffs,
V
FLORIDA PENINSULA INSURANCE COMPANY,
Defendant.
i
DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES AND DEEM
OBJECTIONS WAIVED
COMES NOW, the Defendant, FLORIDA PENINSULA INSURANCE COMPANY,
("Defendant"), by and through its undersigned attorneys, and pursuant the Florida Rules of Civil
Procedure hereby files this Motion to Compel Plaintiffs' Responses to Defendant's First Request
for Production and First Set of Interrogatories, and as grounds therefor states as follows:
1. On June 23, 2021, Defendant propounded its Initial Set of Discovery Requests on
Plaintiffs,ANGEL RENDON AND MELINDA RENDON. See a#achedExhibit "A".
2. Therefore, Plaintiffs' Responses to the above Initial Set of Discovery Requests
were due on or before July 23,2021.
3 To date, the Plaintiffs have not provided responses to the above, nor have the
Plaintiffs objected or requested an extension of time to file the outstanding discovery responses.
4. The above requests fall squarely within the scope of permissible discovery,
including non-privileged information that is reasonably calculated to lead to discovery of
admissible evidence at the time of trial.
5. Plaintiffs' objections, if any, to the above requests, should be deemed waived other
than any valid claims of privilege.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/30/2021 09:06:31 PM.****
6. At the time this motion is set for hearing the undersigned asserts that a good faith
effort has been made to resolve this motion without Court intervention
7. Moreover, Plaintiffs' conduct has forced this Defendant to incur unnecessary
expenses in preparing for this Motion.
8. As such, this Defendant respectfully requests this Court to order the Plaintiffs to
pay its reasonable fees and costs incurred in bringing this Motion.
WHEREFORE, Defendant respectfully requests that this Honorable Court enters an
Order granting this Motion and ordering the Plaintiffs to respond to Defendant's discoveryrequests
within ten (10) days and awarding this Defendant its reasonable attorney's fees and costs in
bringing this Motion and as well as grant any other relief this Court deems just and proper.
CERTIFICATE OF SERVICE
ith
I HEREBY CERTIFY that on the 30 day of July 2021, this document was filed and
served upon all counsel of record using the Florida Courts E-Filing Portal pursuant to and in
compliance with Fla. R. Jud. Admin. 2.516 to Kenneth R. Duboff, Esq. for Plaintiffs at
SALEHI BOYER LAVIGNE LOMBANA, P.A.
/s/ Donald S. Lavigne
DONALD S. LAVIGNE, ESQUIRE
Fla. Bar No.:122913
SCOTT BOYER, ESQUIRE
Fla. Bar No.. 55460
com
sboyer@salehiboyer. com
com
1444 Biscayne Boulevard, Suite 304
Miami, FL 33132
Telephone: (305) 330-2050
Filing # 129317224 E-Filed 06/23/2021 10:28:04 AM EXHIBIT "A"
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE-21-007721
ANGEL RENDON AND MELINDA RENDON,
Plaintiffs,
V
FLORIDA PENINSULA INSURANCECOMPANY,
Defendant.
i
NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF
INTERROGATORIES TO PLAINTIFF, MELINDA RENDON
Defendant, FLORIDA PENINSULA INSURANCE COMPANY (hereinafter referred to
as the "Defendant") by and through the undersigned counsel and pursuant to Rule 1.340 of the
Florida Rules of Civil Procedure, hereby propounds the following written Interrogatories to be
answered under oath within (30) days from the date of service by the Plaintiff, MELINDA
RENDON (hereinafter referred to as the "Plaintiff').
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 23rd day of June 2021, this document was filed and
served upon all counsel of record using the Florida Courts E-Filing Portal pursuant to and in
compliance with Fla. R. Jud. Admin. 2.516 to Kenneth R. Duboff, Esq. for Plaintiffs at
rm.com.
SALEHI BOYER LAVIGNE LOMBANA, P.A.
/s/ Donald Lavigne
DONALD S. LAVIGNE, ESQUIRE
Fla. Bar No..122913
SCOTT BOYER, ESQUIRE
Fla. Bar No.. 55460
com
sboyer@salehiboyer. com
1444 Biscayne Boulevard, Suite 304
Miami, FL 33132
Telephone: (305) 330-2050
Filing # 129317224 E-Filed 06/23/2021 10:28:04 AM
EXHIBIT "A"
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE-21-007721
ANGEL RENDON AND MELINDA RENDON,
Plaintiffs,
V
FLORIDA PENINSULA INSURANCECOMPANY,
Defendant.
i
NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF
INTERROGATORIES TO PLAINTIFF, ANGEL RENDON
Defendant, FLORIDA PENINSULA INSURANCE COMPANY (hereinafter referred to
as the "Defendant") by and through the undersigned counsel and pursuant to Rule 1.340 of the
Florida Rules of Civil Procedure, hereby propounds the following written Interrogatories to be
answered under oath within (30) days from the date of service by the Plaintiff, ANGEL RENDON
(hereinafter referred to as the "Plaintiff').
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 23rd day of June 2021, this document was filed and
served upon all counsel of record using the Florida Courts E-Filing Portal pursuant to and in
compliance with Fla. R. Jud. Admin. 2.516 to Kenneth R. Duboff, Esq. for Plaintiffs at
rm.com.
SALEHI BOYER LAVIGNE LOMBANA, P.A.
/s/ Donald Lavigne
DONALD S. LAVIGNE, ESQUIRE
Fla. Bar No..122913
SCOTT BOYER, ESQUIRE
Fla. Bar No.. 55460
com
sboyer@salehiboyer. com
1444 Biscayne Boulevard, Suite 304
Miami, FL 33132
Telephone: (305) 330-2050
Filing # 129317224 E-Filed 06/23/2021 10:28:04 AM
EXHIBIT "A"
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE-21-007721
ANGEL RENDON AND MELINDA RENDON,
Plaintiffs,
V
FLORIDA PENINSULA INSURANCECOMPANY,
Defendant.
i
DEFENDANT'S FIRST REQUEST FOR PRODUCTION TO PLAINTIFFS
Defendant, FLORIDA PENINSULA INSURANCE COMPANY (hereinafter referred to
as the "Defendant"), by and through the undersigned counsel and pursuant to Rule 1.350 ofthe
Florida Rules of Civil Procedure, requests that Plaintiffs,ANGEL RENDON AND MELINDA
RENDON respond to this First Request to Produce and produce the items requested herein for
inspection and for other purposes as permitted by the Florida Rules of Civil Procedure, within
thirty (30) days of service ofthis Request:
DEFINITIONS
Please refer to these definitions and instructions in providing your responses. Unless otherwise
clearly indicated by the context thereof, the following definitions and instructions shall apply to
each ofthe requests set forth below:
1. Plaintiff(s) shall mean ANGEL RENDON AND MELINDA RENDON.
2. "You" and/or "Your" means Plaintiffs, and any employees, agents, attorneys, representatives
or other persons acting on her behalf.
3. The term "property" or
"subject property" refers to the property identifiedin the Complaint.
4. Communication" means, without limitation, any oral, written, telephonic, radio, video or
electronic transmission of information, demands or questions, including but not limited to
conversations,meetings, discussions, telephone calls, telegrams, telecopies, telexes, seminars,
conferences, writings, letters, messages, notes, or memoranda.
5. "Document" or "Documents" means all "writings and recordings". The definition is intended
to include all documents, agreements, correspondence, records, ledgers, contracts, bills,
invoices, bills of lading, inventories, financial data, memoranda, notes, or other writings,
formal or informal in nature, accounting and financial records, diaries, statements, telegrams,
draft, work papers, paper and magnetic tapes, charts, computer cards and print outs,
electronically or magnetically stored information or data, minutes, publications, calendars,
telephone pads, bulletins, directives, logs and listings, in your actual or constructive
possession, custody or control, or ofwhich you have knowledge ofthe existence, and whether
prepared, published or released by you or by any other person or entity. Without limitation on
the foregoing, the term "documents" shall include any copy which differs in any respect from
the original or other versions ofthe documents, such as copies containing notations, insertions,
corrections, marginal notes or any variations.
66
6. "Identify" means, when used in reference to:
a. An individual, to state his or her (i) full name; (ii) present or last known home and
business address, including street name and number, city or town and zip code; (iii)
present or last known position,job title and job description;
b. A person other than an individual, to state its (i) full name and type of organization or
entity; (ii) address or principal place of business; and (iii) jurisdiction and date of
incorporation or organization, if known.
c. Documents, to state (i) the name and date of the document, the name and address ofthe
person(s) originating the document, the name and address, if any, of the person(s) to
whom the document is addressed, the names and addresses of all persons to whom
copies of the documents were to have been sent; and the organization, firm or agency
with which any such persons were connected as of the date of the document; and (ii)
whether Plaintiff is in possession of or has under his control the original or a copy of
the document, and, if not in possession o f an original or copy, the name and address of
the custodian of each original copy, and the name and address of each person who
Plaintiff believes presently is in possession of the original or copy of such document.
In lieu of identifying particular documents, when such identificationis requested, the
document may, at Plaintiff's option, be attached to the response to this request to
produce, bearing an indication to which response or responses each document relates.
d. Conversations, to state the date and place and approximate time of day of the
conversation, the identity of all persons in attendance, the subject matter and reasons
for the conversation, the statements made by each person, including the context in
which they were made and the identity of any writings which exist relating thereto.
e. The claims, the name ofthe claimant, the nature ofthe claims, the names of all parties
to any lawsuit, the court number, if any, the date of the claims, the date upon which
Defendant first became aware of the claims, the relief sought, and the present status or
final disposition ofthe claims.
f. Any other item or information, to provide a particular description of the same.
7. "Notice" shall include formal and informalnotification.
8. "Loss" shall include the claim number identified in the Complaint.
9. The plural shall include the singular and the singular shall include the plural.
INSTRUCTIONS
1. Any document responsive to these Document requests that is not disclosed or produced
by reason of a claims of privilege or work product, or for any other reasons, shall be identified by
: (a) the subject matter of the Document; (b) the author of the Document; (c) the recipient(s) of
the Document; (d) the identity of any person (s) to whom the Document, or any portion thereof;
has been revealed; (e) the basis upon which the informationis being withheld.
2. All Documents that exit in electronic format shall be produced in the format in which they
are maintained, including all metadata, unless the parties agree to an alternative means of
production.
3 If any Document described in any response to these Document requests is no longer in
Your possession, custody, control, or care, state whether the Document: (a) is missing or lost; (b)
has been destroyed; (c) has been transferred voluntarily or involuntarily to others; or (d) has been
otherwise disposed of or discarded. In each situation, please state the facts surrounding such
disposition, and identify the person(s) directing or authorizing that disposition, and the disposition
date.
DOCUMENTS TO BE PRODUCED
1. All documents evidencing damage sustained by Plaintiffs from the alleged loss, including but
not limited to, video recordings, photographs, estimates for repairs, proposals, contracts,
subcontracts, blueprints, invoices, and reports.
2. All documents evidencing expenditures by or on behalf o f Plaintiffs for repair of the alleged
damage sustained at the subject insured property for the claim, including but not limited to,
estimates for repairs, proposals, contracts, subcontracts, blueprints, canceled checks for
repairs, receipts, invoices, other evidence of payments for such repairs, reconstruction,
modificationor restoration of the insured dwelling.
3. All contracts, estimates, invoices, proposals, statements, receipts, cancelled checks and other
documentsrelating to repairs, remodeling, restoration or maintenance performed at the insured
residence or to the structure in the last five (5) years.
4. If your claim seeks reimbursement for replacement cost of personal property damaged in the
alleged loss, please produce any and all documents evidencing the repair and/or replacement
of any such property, including but not limited to cancelled checks, credit card slips, brochures,
appraisals,rece*ts, purchase orders, operator manuals, and other pertinent documents.
5. If your claim seeks reimbursement for replacement or rebuilding of any structure or
appurtenance damaged in the claimed event that is the subject of this action, please produce
any and all documents evidencing the repair and/or replacement of any such property,
including but not limited to estimates, proposals, contracts, cancelled checks, credit card slips,
brochures, appraisals,receipts, purchase orders, operator manuals, and the like.
6. All photographs,video recordings, or other pictorial representationsof the areas ofthe subject
insured property claimed damaged available to you, depicting the property condition before
subject losses described in the Complaint.
7. All photographs,video recordings, or other pictorial representationsof the areas of the subject
insured property claimed damaged available to you, depicting the property condition after the
subject loss described in the Complaint.
8. All policies of insurance under which any claim has been made related to the alleged damage,
and all correspondence,applications, memoranda, or other documentsrelating to said policies
of insurance or any claim under said policies of insurance, including any and all notices of
cancellationor requests for premiums.
9. Any and all engineering reports, incidentreports, statements or investigative materials obtained
regarding the cause ofthe alleged loss.
10. All documents and records relating to any aspect of the insurance claims submitted to any
insurance company as a result ofthe subject loss.
11. A copy of each resume, curriculum vitae, and other document listing the qualifications of any
experts hired by you or on behalf of you who may testify at trial.
12. Any and all sworn proof of loss forms executed by Plaintiffs in connection with any and all
insurance claims filed with Defendant as a result of the incident alleged in the Complaint.
13. Any and all documents supporting Plaintiffs compliance with his post-loss obligation under
the insurance policy, including his obligation to make reasonable and necessary repairs to
protect the property from further damage.
14. Any and all documents relating to any prior insurance claims made by Plaintiffs pursuant to
the property described in the Complaint.
15. Any and all documents showing the interest of Plaintiffs, and all others in the Property to the
extent applicable, and all encumbrances or liens on the Property.
16. Copies of any relevant documents, building permits, reports, estimates, invoices, proposals or
work orders regarding repairs, services and work completed by a Roofer, Flooring Expert,
Remodeler, Designer, Specialist, Engineer, Mold Evaluator, Plumber, Handyman, Contractor,
Worker, Repairman or Serviceman who were retained by the Plaintiff at, during and after the
date and time of loss.
17. Copies of any liens, sales contracts, disclosure reports, inspection reports, appraisal reports and
other documents relative to your purchase, acquisition, or use of the Property affected by the
loss described in the Complaint.
18. Please provide any and all documents showing the name and any contact information for
anyone you have rented the property to in the last three (3) years. Please make sure that the
documentsreference the dates that those individuals were actually residing at the residence
at issue in this litigation.
19. Please provide any and all documentswhich evidence the damages you are seeking under each
of the listed Property Coverages, and if so, please provide documentationshowing the exact
damages and amount of losses for each under:
A. Coverage A
B. Coverage B
C. Coverage C
D. Coverage D
E. Limited Fungi, wet or dry rot, or bacteria coverage
20. Copies of any and all documents not already requestedin the foregoing requests for production
which support your allegations made in the Complaint and/or which support or substantiate
said claim.
21. Provide any and all correspondence exchanged between Plaintiff and Defendant.
22. Provide the Sworn Proof of Loss requested by Defendant prior to this lawsuit.
23. Provide your cell phone statement for the month in which the loss occurred (Please include
call history, incoming and outgoing).
24. Please provide all correspondence exchanged between you and your public adjuster in
connection with the these claims. (Include text messages and e-mail communications).
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 231ird day of June 2021, this document was filed and
served upon all counsel of record using the Florida Courts E-Filing Portal pursuant to and in
compliance with Fla. R. Jud. Admin. 2.516 to Kenneth R. Duboff, Esq. for Plaintiffs at
rm.com.
SALEHI BOYER LAVIGNE LOMBANA, P.A.
/s/ Donald Lavigne
DONALD S. LAVIGNE, ESQUIRE
Fla. Bar No..122913
SCOTT BOYER, ESQUIRE
Fla. Bar No.. 55460
com
1444 Biscayne Boulevard, Suite 304
Miami, FL 33132
Telephone: (305) 330-2050
Preview
Filing # 131788475 E-Filed 07/30/2021 09:06:31 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-21-007721 ANGEL RENDON AND MELINDA RENDON, Plaintiffs, V FLORIDA PENINSULA INSURANCE COMPANY, Defendant. i DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES AND DEEM OBJECTIONS WAIVED COMES NOW, the Defendant, FLORIDA PENINSULA INSURANCE COMPANY, ("Defendant"), by and through its undersigned attorneys, and pursuant the Florida Rules of Civil Procedure hereby files this Motion to Compel Plaintiffs' Responses to Defendant's First Request for Production and First Set of Interrogatories, and as grounds therefor states as follows: 1. On June 23, 2021, Defendant propounded its Initial Set of Discovery Requests on Plaintiffs,ANGEL RENDON AND MELINDA RENDON. See a#achedExhibit "A". 2. Therefore, Plaintiffs' Responses to the above Initial Set of Discovery Requests were due on or before July 23,2021. 3 To date, the Plaintiffs have not provided responses to the above, nor have the Plaintiffs objected or requested an extension of time to file the outstanding discovery responses. 4. The above requests fall squarely within the scope of permissible discovery, including non-privileged information that is reasonably calculated to lead to discovery of admissible evidence at the time of trial. 5. Plaintiffs' objections, if any, to the above requests, should be deemed waived other than any valid claims of privilege. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/30/2021 09:06:31 PM.**** 6. At the time this motion is set for hearing the undersigned asserts that a good faith effort has been made to resolve this motion without Court intervention 7. Moreover, Plaintiffs' conduct has forced this Defendant to incur unnecessary expenses in preparing for this Motion. 8. As such, this Defendant respectfully requests this Court to order the Plaintiffs to pay its reasonable fees and costs incurred in bringing this Motion. WHEREFORE, Defendant respectfully requests that this Honorable Court enters an Order granting this Motion and ordering the Plaintiffs to respond to Defendant's discoveryrequests within ten (10) days and awarding this Defendant its reasonable attorney's fees and costs in bringing this Motion and as well as grant any other relief this Court deems just and proper. CERTIFICATE OF SERVICE ith I HEREBY CERTIFY that on the 30 day of July 2021, this document was filed and served upon all counsel of record using the Florida Courts E-Filing Portal pursuant to and in compliance with Fla. R. Jud. Admin. 2.516 to Kenneth R. Duboff, Esq. for Plaintiffs at SALEHI BOYER LAVIGNE LOMBANA, P.A. /s/ Donald S. Lavigne DONALD S. LAVIGNE, ESQUIRE Fla. Bar No.:122913 SCOTT BOYER, ESQUIRE Fla. Bar No.. 55460 com sboyer@salehiboyer. com com 1444 Biscayne Boulevard, Suite 304 Miami, FL 33132 Telephone: (305) 330-2050 Filing # 129317224 E-Filed 06/23/2021 10:28:04 AM EXHIBIT "A" IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-21-007721 ANGEL RENDON AND MELINDA RENDON, Plaintiffs, V FLORIDA PENINSULA INSURANCECOMPANY, Defendant. i NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFF, MELINDA RENDON Defendant, FLORIDA PENINSULA INSURANCE COMPANY (hereinafter referred to as the "Defendant") by and through the undersigned counsel and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby propounds the following written Interrogatories to be answered under oath within (30) days from the date of service by the Plaintiff, MELINDA RENDON (hereinafter referred to as the "Plaintiff'). CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 23rd day of June 2021, this document was filed and served upon all counsel of record using the Florida Courts E-Filing Portal pursuant to and in compliance with Fla. R. Jud. Admin. 2.516 to Kenneth R. Duboff, Esq. for Plaintiffs at rm.com. SALEHI BOYER LAVIGNE LOMBANA, P.A. /s/ Donald Lavigne DONALD S. LAVIGNE, ESQUIRE Fla. Bar No..122913 SCOTT BOYER, ESQUIRE Fla. Bar No.. 55460 com sboyer@salehiboyer. com 1444 Biscayne Boulevard, Suite 304 Miami, FL 33132 Telephone: (305) 330-2050 Filing # 129317224 E-Filed 06/23/2021 10:28:04 AM EXHIBIT "A" IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-21-007721 ANGEL RENDON AND MELINDA RENDON, Plaintiffs, V FLORIDA PENINSULA INSURANCECOMPANY, Defendant. i NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFF, ANGEL RENDON Defendant, FLORIDA PENINSULA INSURANCE COMPANY (hereinafter referred to as the "Defendant") by and through the undersigned counsel and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby propounds the following written Interrogatories to be answered under oath within (30) days from the date of service by the Plaintiff, ANGEL RENDON (hereinafter referred to as the "Plaintiff'). CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 23rd day of June 2021, this document was filed and served upon all counsel of record using the Florida Courts E-Filing Portal pursuant to and in compliance with Fla. R. Jud. Admin. 2.516 to Kenneth R. Duboff, Esq. for Plaintiffs at rm.com. SALEHI BOYER LAVIGNE LOMBANA, P.A. /s/ Donald Lavigne DONALD S. LAVIGNE, ESQUIRE Fla. Bar No..122913 SCOTT BOYER, ESQUIRE Fla. Bar No.. 55460 com sboyer@salehiboyer. com 1444 Biscayne Boulevard, Suite 304 Miami, FL 33132 Telephone: (305) 330-2050 Filing # 129317224 E-Filed 06/23/2021 10:28:04 AM EXHIBIT "A" IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-21-007721 ANGEL RENDON AND MELINDA RENDON, Plaintiffs, V FLORIDA PENINSULA INSURANCECOMPANY, Defendant. i DEFENDANT'S FIRST REQUEST FOR PRODUCTION TO PLAINTIFFS Defendant, FLORIDA PENINSULA INSURANCE COMPANY (hereinafter referred to as the "Defendant"), by and through the undersigned counsel and pursuant to Rule 1.350 ofthe Florida Rules of Civil Procedure, requests that Plaintiffs,ANGEL RENDON AND MELINDA RENDON respond to this First Request to Produce and produce the items requested herein for inspection and for other purposes as permitted by the Florida Rules of Civil Procedure, within thirty (30) days of service ofthis Request: DEFINITIONS Please refer to these definitions and instructions in providing your responses. Unless otherwise clearly indicated by the context thereof, the following definitions and instructions shall apply to each ofthe requests set forth below: 1. Plaintiff(s) shall mean ANGEL RENDON AND MELINDA RENDON. 2. "You" and/or "Your" means Plaintiffs, and any employees, agents, attorneys, representatives or other persons acting on her behalf. 3. The term "property" or "subject property" refers to the property identifiedin the Complaint. 4. Communication" means, without limitation, any oral, written, telephonic, radio, video or electronic transmission of information, demands or questions, including but not limited to conversations,meetings, discussions, telephone calls, telegrams, telecopies, telexes, seminars, conferences, writings, letters, messages, notes, or memoranda. 5. "Document" or "Documents" means all "writings and recordings". The definition is intended to include all documents, agreements, correspondence, records, ledgers, contracts, bills, invoices, bills of lading, inventories, financial data, memoranda, notes, or other writings, formal or informal in nature, accounting and financial records, diaries, statements, telegrams, draft, work papers, paper and magnetic tapes, charts, computer cards and print outs, electronically or magnetically stored information or data, minutes, publications, calendars, telephone pads, bulletins, directives, logs and listings, in your actual or constructive possession, custody or control, or ofwhich you have knowledge ofthe existence, and whether prepared, published or released by you or by any other person or entity. Without limitation on the foregoing, the term "documents" shall include any copy which differs in any respect from the original or other versions ofthe documents, such as copies containing notations, insertions, corrections, marginal notes or any variations. 66 6. "Identify" means, when used in reference to: a. An individual, to state his or her (i) full name; (ii) present or last known home and business address, including street name and number, city or town and zip code; (iii) present or last known position,job title and job description; b. A person other than an individual, to state its (i) full name and type of organization or entity; (ii) address or principal place of business; and (iii) jurisdiction and date of incorporation or organization, if known. c. Documents, to state (i) the name and date of the document, the name and address ofthe person(s) originating the document, the name and address, if any, of the person(s) to whom the document is addressed, the names and addresses of all persons to whom copies of the documents were to have been sent; and the organization, firm or agency with which any such persons were connected as of the date of the document; and (ii) whether Plaintiff is in possession of or has under his control the original or a copy of the document, and, if not in possession o f an original or copy, the name and address of the custodian of each original copy, and the name and address of each person who Plaintiff believes presently is in possession of the original or copy of such document. In lieu of identifying particular documents, when such identificationis requested, the document may, at Plaintiff's option, be attached to the response to this request to produce, bearing an indication to which response or responses each document relates. d. Conversations, to state the date and place and approximate time of day of the conversation, the identity of all persons in attendance, the subject matter and reasons for the conversation, the statements made by each person, including the context in which they were made and the identity of any writings which exist relating thereto. e. The claims, the name ofthe claimant, the nature ofthe claims, the names of all parties to any lawsuit, the court number, if any, the date of the claims, the date upon which Defendant first became aware of the claims, the relief sought, and the present status or final disposition ofthe claims. f. Any other item or information, to provide a particular description of the same. 7. "Notice" shall include formal and informalnotification. 8. "Loss" shall include the claim number identified in the Complaint. 9. The plural shall include the singular and the singular shall include the plural. INSTRUCTIONS 1. Any document responsive to these Document requests that is not disclosed or produced by reason of a claims of privilege or work product, or for any other reasons, shall be identified by : (a) the subject matter of the Document; (b) the author of the Document; (c) the recipient(s) of the Document; (d) the identity of any person (s) to whom the Document, or any portion thereof; has been revealed; (e) the basis upon which the informationis being withheld. 2. All Documents that exit in electronic format shall be produced in the format in which they are maintained, including all metadata, unless the parties agree to an alternative means of production. 3 If any Document described in any response to these Document requests is no longer in Your possession, custody, control, or care, state whether the Document: (a) is missing or lost; (b) has been destroyed; (c) has been transferred voluntarily or involuntarily to others; or (d) has been otherwise disposed of or discarded. In each situation, please state the facts surrounding such disposition, and identify the person(s) directing or authorizing that disposition, and the disposition date. DOCUMENTS TO BE PRODUCED 1. All documents evidencing damage sustained by Plaintiffs from the alleged loss, including but not limited to, video recordings, photographs, estimates for repairs, proposals, contracts, subcontracts, blueprints, invoices, and reports. 2. All documents evidencing expenditures by or on behalf o f Plaintiffs for repair of the alleged damage sustained at the subject insured property for the claim, including but not limited to, estimates for repairs, proposals, contracts, subcontracts, blueprints, canceled checks for repairs, receipts, invoices, other evidence of payments for such repairs, reconstruction, modificationor restoration of the insured dwelling. 3. All contracts, estimates, invoices, proposals, statements, receipts, cancelled checks and other documentsrelating to repairs, remodeling, restoration or maintenance performed at the insured residence or to the structure in the last five (5) years. 4. If your claim seeks reimbursement for replacement cost of personal property damaged in the alleged loss, please produce any and all documents evidencing the repair and/or replacement of any such property, including but not limited to cancelled checks, credit card slips, brochures, appraisals,rece*ts, purchase orders, operator manuals, and other pertinent documents. 5. If your claim seeks reimbursement for replacement or rebuilding of any structure or appurtenance damaged in the claimed event that is the subject of this action, please produce any and all documents evidencing the repair and/or replacement of any such property, including but not limited to estimates, proposals, contracts, cancelled checks, credit card slips, brochures, appraisals,receipts, purchase orders, operator manuals, and the like. 6. All photographs,video recordings, or other pictorial representationsof the areas ofthe subject insured property claimed damaged available to you, depicting the property condition before subject losses described in the Complaint. 7. All photographs,video recordings, or other pictorial representationsof the areas of the subject insured property claimed damaged available to you, depicting the property condition after the subject loss described in the Complaint. 8. All policies of insurance under which any claim has been made related to the alleged damage, and all correspondence,applications, memoranda, or other documentsrelating to said policies of insurance or any claim under said policies of insurance, including any and all notices of cancellationor requests for premiums. 9. Any and all engineering reports, incidentreports, statements or investigative materials obtained regarding the cause ofthe alleged loss. 10. All documents and records relating to any aspect of the insurance claims submitted to any insurance company as a result ofthe subject loss. 11. A copy of each resume, curriculum vitae, and other document listing the qualifications of any experts hired by you or on behalf of you who may testify at trial. 12. Any and all sworn proof of loss forms executed by Plaintiffs in connection with any and all insurance claims filed with Defendant as a result of the incident alleged in the Complaint. 13. Any and all documents supporting Plaintiffs compliance with his post-loss obligation under the insurance policy, including his obligation to make reasonable and necessary repairs to protect the property from further damage. 14. Any and all documents relating to any prior insurance claims made by Plaintiffs pursuant to the property described in the Complaint. 15. Any and all documents showing the interest of Plaintiffs, and all others in the Property to the extent applicable, and all encumbrances or liens on the Property. 16. Copies of any relevant documents, building permits, reports, estimates, invoices, proposals or work orders regarding repairs, services and work completed by a Roofer, Flooring Expert, Remodeler, Designer, Specialist, Engineer, Mold Evaluator, Plumber, Handyman, Contractor, Worker, Repairman or Serviceman who were retained by the Plaintiff at, during and after the date and time of loss. 17. Copies of any liens, sales contracts, disclosure reports, inspection reports, appraisal reports and other documents relative to your purchase, acquisition, or use of the Property affected by the loss described in the Complaint. 18. Please provide any and all documents showing the name and any contact information for anyone you have rented the property to in the last three (3) years. Please make sure that the documentsreference the dates that those individuals were actually residing at the residence at issue in this litigation. 19. Please provide any and all documentswhich evidence the damages you are seeking under each of the listed Property Coverages, and if so, please provide documentationshowing the exact damages and amount of losses for each under: A. Coverage A B. Coverage B C. Coverage C D. Coverage D E. Limited Fungi, wet or dry rot, or bacteria coverage 20. Copies of any and all documents not already requestedin the foregoing requests for production which support your allegations made in the Complaint and/or which support or substantiate said claim. 21. Provide any and all correspondence exchanged between Plaintiff and Defendant. 22. Provide the Sworn Proof of Loss requested by Defendant prior to this lawsuit. 23. Provide your cell phone statement for the month in which the loss occurred (Please include call history, incoming and outgoing). 24. Please provide all correspondence exchanged between you and your public adjuster in connection with the these claims. (Include text messages and e-mail communications). CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 231ird day of June 2021, this document was filed and served upon all counsel of record using the Florida Courts E-Filing Portal pursuant to and in compliance with Fla. R. Jud. Admin. 2.516 to Kenneth R. Duboff, Esq. for Plaintiffs at rm.com. SALEHI BOYER LAVIGNE LOMBANA, P.A. /s/ Donald Lavigne DONALD S. LAVIGNE, ESQUIRE Fla. Bar No..122913 SCOTT BOYER, ESQUIRE Fla. Bar No.. 55460 com 1444 Biscayne Boulevard, Suite 304 Miami, FL 33132 Telephone: (305) 330-2050