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Filing # 134152760 E-Filed 09/08/2021 09:33:02 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
JULIANN LANGERE
CASE NO.: CACI 21-007839
Plaintiff,
VS.
TOWER HILL PREFERRED INSURANCE
COMPANY
Defendant.
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
Plaintiff, JULIANN LANGERE (hereinafter referred to as "Plaintiff'), by and through
their undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure,
hereby request that Defendant produce for inspection, copying or photographing at the Constable
Law, P.A., 139 6th Ave South, Safety Harbor, Florida, 34695, within thirty (30) days of receipt
hereof, or at such time and place as may be agreed upon between counsel, all documents and things
in the possession, custody or control of Defendant which are responsiveto the requests contained
in the numbered paragraphs below:
INSTRUCTIONS
1. You are instructed either to
produce documents as they are kept in the usual course of
business or to produce documents organized and labeled to correspond with the categories
in these Requests. Documents are to be produced in full and unexpurgatedform.
2. These Requests shall be deemed continuing so as to require further and supplemental
production in the event that the party requested to produce, or any of its attorneys, agents
or representatives, obtains or discovers additional information or documents between the
time o f the initial production and the time o f the hearing or trial.
3. Ifany documentscovered by these Requests are withheld by reason of a claim ofprivilege,
work-productimmunity or other ground of non-production,a list is to be furnished at the
time that the documents are produced identifying each such document for which the
privilege is claimed specificallyby its nature (e.g. letter, memorandum, etc.) together with
1
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/08/2021 09:33:02 AM.****
the following informationwith respect to any such document withheld: author; recipient;
sender; indicated or blind copies; date; subject matter; basis on which the privilege is
claimed; number of pages; and the paragraph of these Requests to which such document
relates.
4. If a portion of an otherwise responsive document contains informationthat is subject t a
claim of privilege, only those portions of the document subject to the claim of privilege
shall be deleted or redacted from the document and the rest of the document shall be
produced.
5. In the event that any document called for by these Requests has been destroyed, lost,
discarded or otherwise disposed of, each such document is to be identified as completely
as possible, including, without limitation, the following information: author; recipient;
sender; subject matter; date prepared or received; date of disposal; person currently in
possession of the document; and the person disposing of the document.
6. All objections to any category of documents to be
produced pursuant to these Requests or
to any definition or instruction they contain shall be in writing and delivered to Defendant's
counsel within the time provided in the Florida Rules of Civil Procedure or at such time as
is agreed upon by the parties or ordered by the Court.
7. Where identificationof a document is requested,please set forth the identity of its author
or originator, the date of such
authorship or origination, the identify of each person to
whom the original or copy was addressed or delivered, the identity of each person known
or reasonably believed to have present possession, custody, or control thereof, and a brief
description of the subject matter thereof.
8. Where identification ofperson is requested, please set forth the person's name, last-
a
known home and business address and telephone number, and relation to Defendants, if
any.
DEFINITIONS
1. "Plaintiff' or "Insured" means JULIANN LANGERE or their agents, employees, and
representatives.
2. "Defendant" or "Defendants" or "You" and "Your" means Defendant TOWER HILL
PREFERRED INSURANCE COMPANY, individually or any representatives or agents
authorized to act on their behalf including Defendant's legal counsel.
3. "The Policy" means the insurance policy issued by Defendant covering the Plaintiff' s
Insured Property.
4. "Representative" as used herein with regard to a person entity means and includes each
or
and every present and former director, officer, partner, employee, agent, independent
2
consultant or expert or other person
(including attorneys), such as friends, relatives and
spouse, acting or purporting to act on behalf of the person or entity.
5. "Document" or "Documents" is used in its broadest sense and
includes, without limitation,
drafts, documents whether printed, recorded, stored reproduced by any mechanical or
or
electronic process, or written or produced by hand, and including computer tapes
(including backup tapes) and all other
computer-relateddocuments within your possession,
custody or control. "Document(s)" shall also include: (1) each copy that is not identical to
the original or to any other copy; (2) any tangiblething that is called for by or identified in
response to any request. "Document(s)" as used herein shall be construed broadly to
include all documentsand things withinthe scope of Florida Rule of Civil Procedure 1.340
and refers to all writings or other graphic matter, as well as any other medium by which
informationis stored or recorded. It includes originals, drafts, copies, and reproductions;
and it includes, without limiting the generality ofthe foregoing letters;memoranda; reports
and/or summaries of investigations;police reports; accident reports; opinions or reports of
consultants; diagrams; marginal comments appearing on any documents; accounts;
telegrams; studies; lists of persons attending meetings or conferences; records or
memoranda of telephone conversations; written statements; transcr*ts or recorded
statements; recorded statements; records of personal conversations or interviews;
calculations; computations; specifications; drawings; advertisements; circulars; trade
letters; press releases; prints; recordings;positive or negative films; slides or photographs;
magnetic, electronic or video tapes; computer tapes; computer tapes, cards, or printouts;
and all other things of like nature; and any and all containers, boxes or other receptacles or
repositorieshousing or containing such "Document(s)."
6. "Communication" shall any transmission of information by any means, including,
mean
without limitation, by spoken language, electronic transmission of data or any other means.
"Communication" shall include, without limitation, any copies of written information
received by the person or entity responding to this request, even if such person or entity is
not the primary or direct addressee of such written information.
7. "Referring" or "relating" shall mean showing, disclosing, averting to, comprising,
evidencing, constituting or reviewing.
8. "Person" means a natural person, firm, association, partnersh*,corporation, or other form
of legal or business entity, public or private.
9. "Counsel" shall mean all Defendant's representativesor agents providing legal services.
10. The singular shall include the
plural and the plural shall include the singular. The words
"and" and "or" shall be both conjunctive and disjunctive. The word "all" means any and
all. The word "any" means any and all. The word "including" means including without
limitation.
11. All other words have their plain and ordinary meaning.
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DOCUMENTS TO BE PRODUCED
1. Any and all reports, drafts, charts, drawings, diagrams, or memoranda showing or
intending to show the cause o f damage to the Plaintiff's real property located at 1812 Monte Carlo
Way, Coral Springs, FL 33071 (hereinafter referred to as the "Insured Property"), or the potential
method(s) of repair in connection therewith.
2. A certified copy ofPlaintiff'spolicy that was in full force and effect at the time that
the Insured Property was damaged.
3. Any and all photographs and/or videos taken of the Insured Property with regard to
any inspection performed at the request of Defendant or at the request of any of Defendant's
representatives or agents.
4. Any and all documents relating to or referencing any communication between
Plaintiff and Defendant, including, but not limited to, correspondence or notices in connection with
this claim.
5. Any and all documents signed by or attributedto Plaintiff.
6. Any documents, notes, memoranda, diaries, reports, photographs, videos, etc. of
any person who visited the Insured Property and/or spoke with Plaintiff on behalf o f Defendant, at
the request of Defendant, or at the request of any of Defendant's representatives.
7. Any and all documents used by you in making the decision to tender or to offer to
tender any amount to Plaintiff in connection with their claim.
8. Any and all statements, forms, recordings or transcriptsofrecordings of statements
made by Plaintiff with regard to this claim.
9. Any and all documentswhich Defendant intends to proffer as substantiveevidence
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or use for impeachment purposes at trial in order to establish or otherwise support Defendant's
claims or defenses in this action.
CERTIFICATE OF SERVICE
I HEREBY certify that a true and correct copy of the foregoing have been furnished via e-mail to
Brett R. Bloch, Esq, Esquire, on this 8th day of September, 2021.
CONSTABLE LAW, P.A.
/s/ James S. Constable
James S. Constable, Esquire
Florida Bar No. 68522
Allison S. Freeman, Esquire
Florida Bar No. 69539
CONSTABLE LAW, P.A.
-th
139 6? Ave S
Safety Harbor, Florida 34695
Telephone: (727) 797-0100
Facsimile: (727) 726-6917
Attorneys for Plaintiff
20-2155
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Preview
Filing # 134152760 E-Filed 09/08/2021 09:33:02 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION JULIANN LANGERE CASE NO.: CACI 21-007839 Plaintiff, VS. TOWER HILL PREFERRED INSURANCE COMPANY Defendant. PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO DEFENDANT Plaintiff, JULIANN LANGERE (hereinafter referred to as "Plaintiff'), by and through their undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby request that Defendant produce for inspection, copying or photographing at the Constable Law, P.A., 139 6th Ave South, Safety Harbor, Florida, 34695, within thirty (30) days of receipt hereof, or at such time and place as may be agreed upon between counsel, all documents and things in the possession, custody or control of Defendant which are responsiveto the requests contained in the numbered paragraphs below: INSTRUCTIONS 1. You are instructed either to produce documents as they are kept in the usual course of business or to produce documents organized and labeled to correspond with the categories in these Requests. Documents are to be produced in full and unexpurgatedform. 2. These Requests shall be deemed continuing so as to require further and supplemental production in the event that the party requested to produce, or any of its attorneys, agents or representatives, obtains or discovers additional information or documents between the time o f the initial production and the time o f the hearing or trial. 3. Ifany documentscovered by these Requests are withheld by reason of a claim ofprivilege, work-productimmunity or other ground of non-production,a list is to be furnished at the time that the documents are produced identifying each such document for which the privilege is claimed specificallyby its nature (e.g. letter, memorandum, etc.) together with 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/08/2021 09:33:02 AM.**** the following informationwith respect to any such document withheld: author; recipient; sender; indicated or blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and the paragraph of these Requests to which such document relates. 4. If a portion of an otherwise responsive document contains informationthat is subject t a claim of privilege, only those portions of the document subject to the claim of privilege shall be deleted or redacted from the document and the rest of the document shall be produced. 5. In the event that any document called for by these Requests has been destroyed, lost, discarded or otherwise disposed of, each such document is to be identified as completely as possible, including, without limitation, the following information: author; recipient; sender; subject matter; date prepared or received; date of disposal; person currently in possession of the document; and the person disposing of the document. 6. All objections to any category of documents to be produced pursuant to these Requests or to any definition or instruction they contain shall be in writing and delivered to Defendant's counsel within the time provided in the Florida Rules of Civil Procedure or at such time as is agreed upon by the parties or ordered by the Court. 7. Where identificationof a document is requested,please set forth the identity of its author or originator, the date of such authorship or origination, the identify of each person to whom the original or copy was addressed or delivered, the identity of each person known or reasonably believed to have present possession, custody, or control thereof, and a brief description of the subject matter thereof. 8. Where identification ofperson is requested, please set forth the person's name, last- a known home and business address and telephone number, and relation to Defendants, if any. DEFINITIONS 1. "Plaintiff' or "Insured" means JULIANN LANGERE or their agents, employees, and representatives. 2. "Defendant" or "Defendants" or "You" and "Your" means Defendant TOWER HILL PREFERRED INSURANCE COMPANY, individually or any representatives or agents authorized to act on their behalf including Defendant's legal counsel. 3. "The Policy" means the insurance policy issued by Defendant covering the Plaintiff' s Insured Property. 4. "Representative" as used herein with regard to a person entity means and includes each or and every present and former director, officer, partner, employee, agent, independent 2 consultant or expert or other person (including attorneys), such as friends, relatives and spouse, acting or purporting to act on behalf of the person or entity. 5. "Document" or "Documents" is used in its broadest sense and includes, without limitation, drafts, documents whether printed, recorded, stored reproduced by any mechanical or or electronic process, or written or produced by hand, and including computer tapes (including backup tapes) and all other computer-relateddocuments within your possession, custody or control. "Document(s)" shall also include: (1) each copy that is not identical to the original or to any other copy; (2) any tangiblething that is called for by or identified in response to any request. "Document(s)" as used herein shall be construed broadly to include all documentsand things withinthe scope of Florida Rule of Civil Procedure 1.340 and refers to all writings or other graphic matter, as well as any other medium by which informationis stored or recorded. It includes originals, drafts, copies, and reproductions; and it includes, without limiting the generality ofthe foregoing letters;memoranda; reports and/or summaries of investigations;police reports; accident reports; opinions or reports of consultants; diagrams; marginal comments appearing on any documents; accounts; telegrams; studies; lists of persons attending meetings or conferences; records or memoranda of telephone conversations; written statements; transcr*ts or recorded statements; recorded statements; records of personal conversations or interviews; calculations; computations; specifications; drawings; advertisements; circulars; trade letters; press releases; prints; recordings;positive or negative films; slides or photographs; magnetic, electronic or video tapes; computer tapes; computer tapes, cards, or printouts; and all other things of like nature; and any and all containers, boxes or other receptacles or repositorieshousing or containing such "Document(s)." 6. "Communication" shall any transmission of information by any means, including, mean without limitation, by spoken language, electronic transmission of data or any other means. "Communication" shall include, without limitation, any copies of written information received by the person or entity responding to this request, even if such person or entity is not the primary or direct addressee of such written information. 7. "Referring" or "relating" shall mean showing, disclosing, averting to, comprising, evidencing, constituting or reviewing. 8. "Person" means a natural person, firm, association, partnersh*,corporation, or other form of legal or business entity, public or private. 9. "Counsel" shall mean all Defendant's representativesor agents providing legal services. 10. The singular shall include the plural and the plural shall include the singular. The words "and" and "or" shall be both conjunctive and disjunctive. The word "all" means any and all. The word "any" means any and all. The word "including" means including without limitation. 11. All other words have their plain and ordinary meaning. 3 DOCUMENTS TO BE PRODUCED 1. Any and all reports, drafts, charts, drawings, diagrams, or memoranda showing or intending to show the cause o f damage to the Plaintiff's real property located at 1812 Monte Carlo Way, Coral Springs, FL 33071 (hereinafter referred to as the "Insured Property"), or the potential method(s) of repair in connection therewith. 2. A certified copy ofPlaintiff'spolicy that was in full force and effect at the time that the Insured Property was damaged. 3. Any and all photographs and/or videos taken of the Insured Property with regard to any inspection performed at the request of Defendant or at the request of any of Defendant's representatives or agents. 4. Any and all documents relating to or referencing any communication between Plaintiff and Defendant, including, but not limited to, correspondence or notices in connection with this claim. 5. Any and all documents signed by or attributedto Plaintiff. 6. Any documents, notes, memoranda, diaries, reports, photographs, videos, etc. of any person who visited the Insured Property and/or spoke with Plaintiff on behalf o f Defendant, at the request of Defendant, or at the request of any of Defendant's representatives. 7. Any and all documents used by you in making the decision to tender or to offer to tender any amount to Plaintiff in connection with their claim. 8. Any and all statements, forms, recordings or transcriptsofrecordings of statements made by Plaintiff with regard to this claim. 9. Any and all documentswhich Defendant intends to proffer as substantiveevidence 4 or use for impeachment purposes at trial in order to establish or otherwise support Defendant's claims or defenses in this action. CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy of the foregoing have been furnished via e-mail to Brett R. Bloch, Esq, Esquire, on this 8th day of September, 2021. CONSTABLE LAW, P.A. /s/ James S. Constable James S. Constable, Esquire Florida Bar No. 68522 Allison S. Freeman, Esquire Florida Bar No. 69539 CONSTABLE LAW, P.A. -th 139 6? Ave S Safety Harbor, Florida 34695 Telephone: (727) 797-0100 Facsimile: (727) 726-6917 Attorneys for Plaintiff 20-2155 5