Preview
Filing# 142884044 E-Filed 01/28/2022 03:23:51 PM
IN
THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. CACE 21 007460
AMER JERDANA,
Plaintiff,
V
CITIZENS PROPERTY
INSURANCE CORPORATION,
Defendant.
'
PLAINTIFF'S NOTICE OF TAKING DEPOSITION DUCES TECUM OF
DEFENDANT'S DESIGNATED CORPORATE REPRESENTATIVE(S)
PURSUANT TO RULE 1.310(b)(6)
(Via Zoom Video Communications)
PLEASE TAKE NOTICE that Plaintiff(s)
through the undersigned counsel will take the
deposition,by oral examination of the following person(s)per Fla. R .Civ. P. 1.310(b)(6) as
indicated below, before an associate or a deputy court reporter, or any other notary public or
officer authorized by the law to take depositionsin the State of Florida who is not of counsel to
the partiesor interested in the event ofthis cause.
Deponent:
Any and all witnesses designated as corporate representative(s)for
defendant per Rule 1.310(b)(6)regarding the topicsand subjects listed
on Schedule "A," and documents listed on Schedule "B."
Date:
Friday,June 10,2022
Time.
11:00 a.m.
Place-
Phipps Reporting
Via Zoom Video Communications
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/28/2022 03:23:50 PM.****
The Oral examination will continue from day to day until completed.This depositionis
being taken for the purpose of discovery,for use at trial,or for such purposes permittedunder the
applicableand governing rules.
Further, as explainedin CarriageHills Condominium. Inc. v. JBH, 109 So. 3d 329 (Fla.
48 DCA 2013), the person designatedby the Corporate Defendant to testifyon its behalf as to
the corporation'scollective knowledge and position,shall testifyon matters known or reasonably
available to the defendant, of the subject matters described in Schedule "A" and of the
documents listed in Schedule "B.". The deponent will not be asked to simply testifyon matters
within his or her personal knowledge, but rather will be asked to speak on behalf of the
Corporate Defendant and will testifv vicariouslv for said defendant and provide complete,
knowledgeable and binding answers on behalf of the Corporate Defendant.
If the defendant must designatedifferent persons to testifyon behalf of the corporation
for different subjectslisted in Schedule "A," pleaseimmediately inform the plaintiff(s)
so that
multiple depositions,times and locations may be arranged.Otherwise, it is presumed that the
witness provided has the abilityand knowledge to bind the Corporate Defendant on the subjects
listed on Schedule "A" and as to documents listed in Schedule "B."
In an effort to expeditethe deposition(s),
plaintiff(s)'
counsel request that the requested
documents responsiveto Schedule "B" be produced at least ten (10) davs before the date of the
deposition(s),
to allow the partiesto conduct the depositionquickly and efficiently.
This will
eliminate the need for plaintiff(s)'
counsel having to review the documents for the first time at
the deposition(s)
with the deponent(s).Plaintiff(s)
will reimburse deponent(s)for all reasonable
costs associated in producing the requesteddocuments priorto the depositions.
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
Further,to the extent any privilegeor confidentiality
is claimed to apply to the requested
documents, the deponent(s)are directed to bring such responsivedocuments to the deposition(s)
so that they can fully answer all of counsel's questioning.However, a PrivilegeLog as
contemplatedunder Florida Rule of Civil Procedure 1.280 (b)(6)may be produced priorto and at
the deposition(s)in lieu of the actual documents over which such claim(s)is asserted. Any such
privilegeddocuments are nonetheless requested to be available at the deposition(s)for the
deponent(s)to review duringthe deposition(s)
in order to fullyanswer all questions.Such review
will not be deemed a waiver of any claimed privilege.
If the defendant fails to fullycomply with this request, plaintiff(s)
will seek all remedies
available under the law includingsanctions.
In accordance with the Americans with Disabilities Act of 1990, persons who are disabled, and who need a special
accommodation to participate in this proceeding because of that disability,should contact this court division at (305) 831-
7823
notlaterthanfivebusinessdayspriorto the proceeding. The TDD lineforthehearingimpaired is (305) 831-8288.
DEFINITIONS AND INSTRUCTIONS
A.
"Person" and "persons" shall refer to individuals and entities,includingbut not limited
to, jointowners, companies, partnerships,
jointventures, corporations,
trusts and estates.
B.
"Document" and "documents" shall refer to and all written,recorded, or graphicmatter,
however produced or reproduced, of every kind and description,whether produced
internally
or received from outside sources, including,without limitingthe generalityof
the foregoing, and all originals,copies, and drafts,of all papers, books, letters,
correspondence,memoranda, catalogs,warranties, minutes of meetings, facsimiles
transfer lists,shareholder lists,opinion letters,letters of understanding,letters of intent,
privateplacement memoranda, SEC Form 504 Offer Statements, offeringstatements or
circulars,memoranda of telephone conversations, telegrams, photographs, prospectus,
drawings, sketches, feasibility
studies,interoffice communications, patents, licenses,
testingreports, laboratoryreports, agreements, ledgers,books of account, summaries,
computer print-outs,
proposals,suggestions,legalpleadings,bills of sale, indemnity
agreements, securityagreements, account records, vouchers, checks, invoices, drafts,
receipts,bills,statistical records, notebooks, calendars, appointment books, diaries,
agendas, time sheets, logs,transaction files,credit reports, notations,notes, minutes of
meetings, sound records,photo records or tape recordingsor other data compilations
from which information can be obtained, any transcriptions
thereof,bulletins,circulars,
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
press releases,notices,instructions,
advertisements,work assignments,film,videotapes,
film negatives,research,articles,
treatises,
and includingall attachments and enclosures
thereto.
C.
Documents shall also include matters stored in an electronic medium, such matters being,
among others,voice mail messages and files;backup voice mail files;e-mail messages
and files;word processingdocuments; spreadsheets;presentationdocuments; graphics;
animations; images; instant messages and/or instant message logs;backup e-mail files;
deleted e-mail data files;program files;backup and archived tapes; temporary files;
system history files;website log files;cache files;cookies and other electronically
recorded information.
D.
Electronic documents shall also include matters described as accurate data; deleted data;
backup data;metadata; migrated data;replicatedata;residual data;and legacydata.
E.
Locations on which electronic data may be found include,but are not limited to:
a)
Individual computers;
b)
Laptops;
CI
Data bases;
e)
E-mails;
Servers;
g)
Home computers;
h)
Archives;
i)
Networks;
j,
Computer systems, includinglegacy systems;
k)
Backup tapes; and
1,
Internet data.
F.
"All documents" and "each and every document," as used in herein means all documents
of the class requestedand includes all documents in the immediate possessionand control
of the deponent and or all documents that can be obtained from other persons subjectto
the direction and control of the deponent, including, but not limited to, agents,
employees, officers,directors,attorney, accountants, subcontractors and consultants.
G.
If any documents are withheld on a claim of privilege,
kindlyprovide a written response
settingforth the followinginformation:
(a) identifythe privilegeclaimed;
(b) state the date the document was prepared;
(c) state the author and recipient(s)
of the document; and
(d) state the generalsubjectmatter of the document.
H.
The partiesservingthis notice will requirethe productionof originaldocuments as stored
in the ordinarycourse of business,or as segregatedby category of response to which the
documents are responsive. All documents produced in response to this notice shall be
presumed to be authentic for all purposes, including,
but not limited to, for use at trial and
at any other proceedingsin this matter. In either case, the partiesservingthis discovery
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
request hereby demand an opportunityto inspect the file or container in which all
documents responsiveto this discoveryrequest are stored.
I
The term "concerning" means relatingto, referringto, describing,evidencing and/or
constituting.
jO
The conjunction"and" as well as the conjunction"or" shall each be interpreted
in every
instance as meaning "and/or" and shall not be interpretedso as to exclude any
information otherwise within the scope of any discoveryrequest.
K.
As used herein the singularshall include,the plural,the pluralshall include the singular,
the masculine, feminine and neuter shall include each of the other genders.
L.
"Any" shall include the word "all" and the word "all" shall include the word "any."
M.
The deponents are requested to produce those documents that are in their possession,
custody and control, as well as the possession,custody and control of his agents,
representatives
and employees.
N.
"You" and "your" refer to the party who is being served with this subpoena, and all
agents, representatives
and/or employees actingor that has acted on your behalf.
Dated: January 28,2022.
Law Offices of Marcote & Marcote De Moya, PLLC
Attorneyfor plaintiff
12595 SW 137 Avenue
Suite 307
Miami, FL 33186
Tel. (305)256-2616
Fax. (305)256-2446
Primary Email:
urda@insurancelawadvocate.com
Secondary Email:
matthew.corrons@insurancelawadvocate.com
By:
/si Teresa J. Urda
Teresa J. Urda, Esq.
Fla. Bar No. 0049433
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
CERTIFICATE OF SERVICE
I
HEREBY CERTIFY that pursuant to Florida Rule of Judicial Administration
2.516, a true and correct copy of the above and foregoingwas served via e-mail by the E-
FilingPortal on January 28,2022, to Jake A. Roth, Esq. and Jose F. Campos, Esq.,Cole Scott
Kissane, P.A., 110
SE 6th Street, Suite 2700, Ft. Lauderdale, Florida 33301, at
jose.campos@csklegal.com;jake.roth@csklegal.com,kalifa.gooden@csklegal.com,or any
other email(s)designatedby defendant for service via the E-FilingPortal.
By:
/s/ Teresa J. Urda
Teresa J. Urda, Esq.
Fla. Bar No. 0049433
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
SCHEDULE "A"
(The subiects and areas of inquiry)
1.
The Corporate Representative who can identifyand explain the defendant's
organizationstructure of the claims department responsiblefor handling first property insurance
claims.
2.
The Corporate Representativewho can identifyby full name and company title all
those persons who have participatedin making the decisions by or on behalf of defendant
determining the value of plaintiff(s)'
claim, to pay plaintiff(s)'
claim or to withhold any
payment(s) of insurance proceeds to the plaintiff(s)
for his claim under the insurance policy.
3
The Corporate Representativewho can identifyand explaindefendant's internal
policies,procedures,manuals and guidelinesregarding policy interpretation
of a property
insurance policy,as they apply to the subjectpolicyissued to plaintiff(s).
4.
The Corporate Representativewho can identifyand explain defendant's internal
policies,manuals and guidelines regarding handling and processing of first party property
insurance claims, as they applyto the subjectclaim filed by plaintiff(s).
5.
The Corporate Representativewho can identify and explain defendant's
investigation,
adjustment,and valuation of plaintiff(s)'
claim.
6.
The Corporate Representativewho can identifyand explainthe factual basis and
all policy language includingendorsements and amendments upon which defendant's Answer is
based, includingall denials and Affirmative Defenses raised by defendant in this cause.
7.
The CorporateRepresentativewho can identifyand explainhow the events which
occurred to cause plaintiff(s)'
damages constitute events excluded from the coverage providedby
the subjectpolicyor why plaintiff(s)'
claim and/or damages are not otherwise covered under the
policyof insurance.
8
The Corporate Representativewho can describe,comprehensively and in detail,
any and all decisions made on behalf of defendant with regard to the adjustment,investigation,
and payment or failure to pay plaintiff(s)'
claim which is the subjectof this lawsuit and the basis
for those decisions.
9-
The Corporate Representativewho can testifyregarding the date defendant
reasonably antic*ated litigation
with plaintiff(s)
for the subjectclaim and all circumstances
which gave rise to the defendant's reasonable expectationor belief that litigation
would ensue,
result,or arise regardingplaintiff(s)'
claim at issue in this lawsuit.
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
10.
The CorporateRepresentativewho can identifyand explaindefendant's responses
to plaintiff(s)'
discoveryrequests and all facts,documents and policy language which support
defendant's responses to plaintiff(s)'
discoveryrequests.
11.
The Corporate Representativewho can testifyregarding the cause of loss that
defendant attributed to plaintiff(s)'
claim and all reasons for defendant's assignmentof that cause
of loss.
12.
The Corporate Representativewho can describe and state in detail and with
specificity
all damages to plaintiff(s)'
insured property, caused, directlyor indirectly,
by the
subjectincident.
13.
The CorporateRepresentativewho can comprehensivelydiscuss compliancewith
any post loss conditions and exclusions relied on by the defendant in denying or failingto fully
compensate plaintiff(s)'
loss, as well as the corresponding supporting facts,documents and
policylanguage.
14.
The Corporate Representativewho can comprehensively discuss all documents,
correspondence and emails sent by defendant in any way, shape or form to plaintiff(s)'
or
plaintiff(s)'
representative(s)
relatingto the incident allegedin the Complaint at any time from
the date of loss to the present date.
15.
The Corporate Representativewho can comprehensively discuss and explainin
detail
all photographs, communication, estimates and reports prepared by defendant for
plaintiff(s)'
loss.
16.
The Corporate Representativewho can comprehensively discuss and explain all
the documents requestedfrom plaintiff(s)
or his representative
priorto litigation,
and the basis
for requestingthe same.
17.
The Corporate Representativewho can testifyregardingthe Underwriting file and
its content.
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
SCHEDULE "B"
(The documents to be produced)
1.
All documents reviewed in preparationfor this deposition.
2.
All documents you will relyon in respondingto the topicsin Schedule "A" during
this deposition.
3
For any documents withheld from paragraphs 1 and 2 above due to a claim of
attorney-client
privilege,
work productprivilegeor any other claimed rightof privilege,provide
a PrivilegeLog pursuant to Florida Rule of Civil Procedure 1.280(b)(6).
4.
The complete originalwritten,printed,and electronic claim file(s)of defendant
and its adjustersincluding all independent or third-partyadjustersinvolved in adjusting,
inspecting,and handling plaintiff(s)'
claim or loss (cover-to-cover),from the home office,
regionaloffice and local office for the subjectclaim, includingbut not limited to:
A)
All
letters, memoranda,
and
other
forms
of written
or
computerized
communication to, or from any employee of defendant that concern, refer,or
relate in any way to the adjusting,
processing,or handling of the claim at issue in
this action.
B)
All written or computerized records of any oral communication, whether in
person or by telephone,to or from any employee of defendant that concern, refer,
or relate in any way to the processingof the subjectclaim.
C)
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any
employee,
representative or
agent
of defendant
and plaintiff(s),or his
representativesor agents that concern, refer,or relate in any way to the subject
claim(s).
D)
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any
employee of defendant and any adjusterthat concern, refer,or relate in any way to
the subjectclaim(s).
E)
All written or computerizedrecords of any investigation
or adjustmentactivities
by defendant and its adjusters,from the date of loss through the earlier date ofthis
lawsuit or the date litigation
was first anticipatedby defendant with regard to the
subjectclaim.
F)
All written or computerizedcommunications and written or computerizedrecords
of oral communications, whether in person or by telephone,to or from any
employee of defendant and its adjustersthat concern, refer,or relate in any way to
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
the decision to pay, deny, withhold, delay payment, or conditionallyor partially
pay plaintiff(s)'
claim.
G)
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone,between plaintiff(s)
and any employee of defendant and its adjustersthat concern, refer,or relate in
any way to the decision by any employee of defendant to pay, deny, withhold,
delaypayment, or conditionally
or partially
pay plaintiff(s)'
claim.
H)
All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any
employee of defendant and any third party that concern, refer,or relate in any way
to the decision by any employee or agent of defendant to pay, deny, withhold,
delaypayment or conditionally
or partially
pay plaintiff(s)'
claim.
I)
All activitylogs, diaries,claim notes or logs created by any adjuster,claim
representative,
manager, or supervisorof defendant or third party adjustersduring
the adjustment of plaintiff(s)'
claim up until the date of this lawsuit or the date
defendant reasonablyanticipatedlitigation
in connection with the claim at issue in
this action.
J)
The file folders in which the precedingdocuments are kept.
K)
All reports and correspondence.
L)
Tapes - video and audio.
M)
Photographs and originalnegatives.
5.
Copies of all documentation of whatever kind or nature in your possession,
custody or control concerning the subjectloss,and all files relatingto plaintiff(s),
and his claim
for damages to the insured property, including but not limited to, certified copies of any
applicableinsurance policies,
recorded statements, documentation of the claim such as proofsof
loss,damage estimates,reports or memoranda by defendant's adjuster(s)
regardingthe extent of
damage and the reasons for payment, delay of payment, withholding of payment, or denial of
payment on the subjectclaim.
6.
All checks reflecting
payments made to plaintiff(s)
to date.
7.
A certified copy of the policy of insurance including declaration page, all
endorsements and amendments in effect on the subjectdate of loss.
8
Copies of all summaries of statements made by plaintiff(s)
and all recorded or
transcribed statements and/or examinations under oath taken by you, your representative(s)
and/or your attorneys of plaintiff(s).
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
9-
Copies of any photographs and inspectionreports of the insured property before
the date of loss.
10.
Copies of any photographs, inspectionreports and estimates of damages of the
insured property after the date of loss.
11.
Any and all photographs and inspectionreports, appraisalreports, roof and
plumbing reports of the insured property received by the insurance carrier before and after the
date of loss.
12.
Copies of all correspondence,notices,reports or other communications between
you and your representativesand plaintiff(s)
and his representativesregarding the loss at the
insured property.
13.
Copies of all letters from defendant that make payment, deny payment, authorize
payment or withhold payment for the subjectclaim.
14.
Copies of all documents in your possession,custody or control relatingto the
insured property, includingbut not limited to: photographs,video tapes, estimates, sketches,
drawings,field notes, estimates for damage(s),reports relied upon by you, reports preparedby
you or reports prepared for you or on your behalf of the plaintiff(s)
regardingthe loss at the
insured property.
15.
Copies of all property damage inventories,estimates or reports prepared and
received by you and upon which you relied in reachingyour conclusions concerningvaluation of
the loss.
16.
Copies of all other documents relied upon by you in reaching any conclusions
regarding the plaintiff(s)'
insurance claim and the coverage and payment decisions made on
plaintiff(s)'
claim, includingall books, tables,depreciationtables,guides,pricelists,
whatsoever
used by you in determiningthe valuation of the property or property damage sustained by the
plaintiff(s),
the methods of computation used by you in arrivingat valuation figuresfor the
property, all reports, calculations,
estimates and the like relied upon by you in arrivingat any and
all figuresused in determiningthe damage to the property.
17.
Any and all documents, statements, notes, measurements, test results and related
materials relied upon by you in reaching your conclusion to make payment, deny payment,
authorize payment or withhold payment of the subjectclaim.
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
18.
All documents which indicate or support the date when defendant contends it first
reasonably expected or anticipatedlitigation
with plaintiff(s)
and the reasons and factual
circumstances which gave rise to that expectationor belief.
19.
Copy of the underwriting file if defendant is making allegationsof fraud,
misrepresentation,
bad faith or cancellation of the subjectpolicy or if defendant is allegingthe
subjectpolicyis voided for any reasons.
20.
Defendant's PrivilegeLog preparedpursuant to Florida Rule of Civil Procedure
1.280(b)(6)identifyingwith particularity
any and all documents withheld from defendant' S
response to the preceding paragraphs as privileged,confidential,or otherwise protectedfrom
discovery.
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LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC
Preview
Filing# 142884044 E-Filed 01/28/2022 03:23:51 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO. CACE 21 007460 AMER JERDANA, Plaintiff, V CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. ' PLAINTIFF'S NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT'S DESIGNATED CORPORATE REPRESENTATIVE(S) PURSUANT TO RULE 1.310(b)(6) (Via Zoom Video Communications) PLEASE TAKE NOTICE that Plaintiff(s) through the undersigned counsel will take the deposition,by oral examination of the following person(s)per Fla. R .Civ. P. 1.310(b)(6) as indicated below, before an associate or a deputy court reporter, or any other notary public or officer authorized by the law to take depositionsin the State of Florida who is not of counsel to the partiesor interested in the event ofthis cause. Deponent: Any and all witnesses designated as corporate representative(s)for defendant per Rule 1.310(b)(6)regarding the topicsand subjects listed on Schedule "A," and documents listed on Schedule "B." Date: Friday,June 10,2022 Time. 11:00 a.m. Place- Phipps Reporting Via Zoom Video Communications 1 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/28/2022 03:23:50 PM.**** The Oral examination will continue from day to day until completed.This depositionis being taken for the purpose of discovery,for use at trial,or for such purposes permittedunder the applicableand governing rules. Further, as explainedin CarriageHills Condominium. Inc. v. JBH, 109 So. 3d 329 (Fla. 48 DCA 2013), the person designatedby the Corporate Defendant to testifyon its behalf as to the corporation'scollective knowledge and position,shall testifyon matters known or reasonably available to the defendant, of the subject matters described in Schedule "A" and of the documents listed in Schedule "B.". The deponent will not be asked to simply testifyon matters within his or her personal knowledge, but rather will be asked to speak on behalf of the Corporate Defendant and will testifv vicariouslv for said defendant and provide complete, knowledgeable and binding answers on behalf of the Corporate Defendant. If the defendant must designatedifferent persons to testifyon behalf of the corporation for different subjectslisted in Schedule "A," pleaseimmediately inform the plaintiff(s) so that multiple depositions,times and locations may be arranged.Otherwise, it is presumed that the witness provided has the abilityand knowledge to bind the Corporate Defendant on the subjects listed on Schedule "A" and as to documents listed in Schedule "B." In an effort to expeditethe deposition(s), plaintiff(s)' counsel request that the requested documents responsiveto Schedule "B" be produced at least ten (10) davs before the date of the deposition(s), to allow the partiesto conduct the depositionquickly and efficiently. This will eliminate the need for plaintiff(s)' counsel having to review the documents for the first time at the deposition(s) with the deponent(s).Plaintiff(s) will reimburse deponent(s)for all reasonable costs associated in producing the requesteddocuments priorto the depositions. 2 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC Further,to the extent any privilegeor confidentiality is claimed to apply to the requested documents, the deponent(s)are directed to bring such responsivedocuments to the deposition(s) so that they can fully answer all of counsel's questioning.However, a PrivilegeLog as contemplatedunder Florida Rule of Civil Procedure 1.280 (b)(6)may be produced priorto and at the deposition(s)in lieu of the actual documents over which such claim(s)is asserted. Any such privilegeddocuments are nonetheless requested to be available at the deposition(s)for the deponent(s)to review duringthe deposition(s) in order to fullyanswer all questions.Such review will not be deemed a waiver of any claimed privilege. If the defendant fails to fullycomply with this request, plaintiff(s) will seek all remedies available under the law includingsanctions. In accordance with the Americans with Disabilities Act of 1990, persons who are disabled, and who need a special accommodation to participate in this proceeding because of that disability,should contact this court division at (305) 831- 7823 notlaterthanfivebusinessdayspriorto the proceeding. The TDD lineforthehearingimpaired is (305) 831-8288. DEFINITIONS AND INSTRUCTIONS A. "Person" and "persons" shall refer to individuals and entities,includingbut not limited to, jointowners, companies, partnerships, jointventures, corporations, trusts and estates. B. "Document" and "documents" shall refer to and all written,recorded, or graphicmatter, however produced or reproduced, of every kind and description,whether produced internally or received from outside sources, including,without limitingthe generalityof the foregoing, and all originals,copies, and drafts,of all papers, books, letters, correspondence,memoranda, catalogs,warranties, minutes of meetings, facsimiles transfer lists,shareholder lists,opinion letters,letters of understanding,letters of intent, privateplacement memoranda, SEC Form 504 Offer Statements, offeringstatements or circulars,memoranda of telephone conversations, telegrams, photographs, prospectus, drawings, sketches, feasibility studies,interoffice communications, patents, licenses, testingreports, laboratoryreports, agreements, ledgers,books of account, summaries, computer print-outs, proposals,suggestions,legalpleadings,bills of sale, indemnity agreements, securityagreements, account records, vouchers, checks, invoices, drafts, receipts,bills,statistical records, notebooks, calendars, appointment books, diaries, agendas, time sheets, logs,transaction files,credit reports, notations,notes, minutes of meetings, sound records,photo records or tape recordingsor other data compilations from which information can be obtained, any transcriptions thereof,bulletins,circulars, 3 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC press releases,notices,instructions, advertisements,work assignments,film,videotapes, film negatives,research,articles, treatises, and includingall attachments and enclosures thereto. C. Documents shall also include matters stored in an electronic medium, such matters being, among others,voice mail messages and files;backup voice mail files;e-mail messages and files;word processingdocuments; spreadsheets;presentationdocuments; graphics; animations; images; instant messages and/or instant message logs;backup e-mail files; deleted e-mail data files;program files;backup and archived tapes; temporary files; system history files;website log files;cache files;cookies and other electronically recorded information. D. Electronic documents shall also include matters described as accurate data; deleted data; backup data;metadata; migrated data;replicatedata;residual data;and legacydata. E. Locations on which electronic data may be found include,but are not limited to: a) Individual computers; b) Laptops; CI Data bases; e) E-mails; Servers; g) Home computers; h) Archives; i) Networks; j, Computer systems, includinglegacy systems; k) Backup tapes; and 1, Internet data. F. "All documents" and "each and every document," as used in herein means all documents of the class requestedand includes all documents in the immediate possessionand control of the deponent and or all documents that can be obtained from other persons subjectto the direction and control of the deponent, including, but not limited to, agents, employees, officers,directors,attorney, accountants, subcontractors and consultants. G. If any documents are withheld on a claim of privilege, kindlyprovide a written response settingforth the followinginformation: (a) identifythe privilegeclaimed; (b) state the date the document was prepared; (c) state the author and recipient(s) of the document; and (d) state the generalsubjectmatter of the document. H. The partiesservingthis notice will requirethe productionof originaldocuments as stored in the ordinarycourse of business,or as segregatedby category of response to which the documents are responsive. All documents produced in response to this notice shall be presumed to be authentic for all purposes, including, but not limited to, for use at trial and at any other proceedingsin this matter. In either case, the partiesservingthis discovery 4 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC request hereby demand an opportunityto inspect the file or container in which all documents responsiveto this discoveryrequest are stored. I The term "concerning" means relatingto, referringto, describing,evidencing and/or constituting. jO The conjunction"and" as well as the conjunction"or" shall each be interpreted in every instance as meaning "and/or" and shall not be interpretedso as to exclude any information otherwise within the scope of any discoveryrequest. K. As used herein the singularshall include,the plural,the pluralshall include the singular, the masculine, feminine and neuter shall include each of the other genders. L. "Any" shall include the word "all" and the word "all" shall include the word "any." M. The deponents are requested to produce those documents that are in their possession, custody and control, as well as the possession,custody and control of his agents, representatives and employees. N. "You" and "your" refer to the party who is being served with this subpoena, and all agents, representatives and/or employees actingor that has acted on your behalf. Dated: January 28,2022. Law Offices of Marcote & Marcote De Moya, PLLC Attorneyfor plaintiff 12595 SW 137 Avenue Suite 307 Miami, FL 33186 Tel. (305)256-2616 Fax. (305)256-2446 Primary Email: urda@insurancelawadvocate.com Secondary Email: matthew.corrons@insurancelawadvocate.com By: /si Teresa J. Urda Teresa J. Urda, Esq. Fla. Bar No. 0049433 5 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that pursuant to Florida Rule of Judicial Administration 2.516, a true and correct copy of the above and foregoingwas served via e-mail by the E- FilingPortal on January 28,2022, to Jake A. Roth, Esq. and Jose F. Campos, Esq.,Cole Scott Kissane, P.A., 110 SE 6th Street, Suite 2700, Ft. Lauderdale, Florida 33301, at jose.campos@csklegal.com;jake.roth@csklegal.com,kalifa.gooden@csklegal.com,or any other email(s)designatedby defendant for service via the E-FilingPortal. By: /s/ Teresa J. Urda Teresa J. Urda, Esq. Fla. Bar No. 0049433 6 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC SCHEDULE "A" (The subiects and areas of inquiry) 1. The Corporate Representative who can identifyand explain the defendant's organizationstructure of the claims department responsiblefor handling first property insurance claims. 2. The Corporate Representativewho can identifyby full name and company title all those persons who have participatedin making the decisions by or on behalf of defendant determining the value of plaintiff(s)' claim, to pay plaintiff(s)' claim or to withhold any payment(s) of insurance proceeds to the plaintiff(s) for his claim under the insurance policy. 3 The Corporate Representativewho can identifyand explaindefendant's internal policies,procedures,manuals and guidelinesregarding policy interpretation of a property insurance policy,as they apply to the subjectpolicyissued to plaintiff(s). 4. The Corporate Representativewho can identifyand explain defendant's internal policies,manuals and guidelines regarding handling and processing of first party property insurance claims, as they applyto the subjectclaim filed by plaintiff(s). 5. The Corporate Representativewho can identify and explain defendant's investigation, adjustment,and valuation of plaintiff(s)' claim. 6. The Corporate Representativewho can identifyand explainthe factual basis and all policy language includingendorsements and amendments upon which defendant's Answer is based, includingall denials and Affirmative Defenses raised by defendant in this cause. 7. The CorporateRepresentativewho can identifyand explainhow the events which occurred to cause plaintiff(s)' damages constitute events excluded from the coverage providedby the subjectpolicyor why plaintiff(s)' claim and/or damages are not otherwise covered under the policyof insurance. 8 The Corporate Representativewho can describe,comprehensively and in detail, any and all decisions made on behalf of defendant with regard to the adjustment,investigation, and payment or failure to pay plaintiff(s)' claim which is the subjectof this lawsuit and the basis for those decisions. 9- The Corporate Representativewho can testifyregarding the date defendant reasonably antic*ated litigation with plaintiff(s) for the subjectclaim and all circumstances which gave rise to the defendant's reasonable expectationor belief that litigation would ensue, result,or arise regardingplaintiff(s)' claim at issue in this lawsuit. 7 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC 10. The CorporateRepresentativewho can identifyand explaindefendant's responses to plaintiff(s)' discoveryrequests and all facts,documents and policy language which support defendant's responses to plaintiff(s)' discoveryrequests. 11. The Corporate Representativewho can testifyregarding the cause of loss that defendant attributed to plaintiff(s)' claim and all reasons for defendant's assignmentof that cause of loss. 12. The Corporate Representativewho can describe and state in detail and with specificity all damages to plaintiff(s)' insured property, caused, directlyor indirectly, by the subjectincident. 13. The CorporateRepresentativewho can comprehensivelydiscuss compliancewith any post loss conditions and exclusions relied on by the defendant in denying or failingto fully compensate plaintiff(s)' loss, as well as the corresponding supporting facts,documents and policylanguage. 14. The Corporate Representativewho can comprehensively discuss all documents, correspondence and emails sent by defendant in any way, shape or form to plaintiff(s)' or plaintiff(s)' representative(s) relatingto the incident allegedin the Complaint at any time from the date of loss to the present date. 15. The Corporate Representativewho can comprehensively discuss and explainin detail all photographs, communication, estimates and reports prepared by defendant for plaintiff(s)' loss. 16. The Corporate Representativewho can comprehensively discuss and explain all the documents requestedfrom plaintiff(s) or his representative priorto litigation, and the basis for requestingthe same. 17. The Corporate Representativewho can testifyregardingthe Underwriting file and its content. 8 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC SCHEDULE "B" (The documents to be produced) 1. All documents reviewed in preparationfor this deposition. 2. All documents you will relyon in respondingto the topicsin Schedule "A" during this deposition. 3 For any documents withheld from paragraphs 1 and 2 above due to a claim of attorney-client privilege, work productprivilegeor any other claimed rightof privilege,provide a PrivilegeLog pursuant to Florida Rule of Civil Procedure 1.280(b)(6). 4. The complete originalwritten,printed,and electronic claim file(s)of defendant and its adjustersincluding all independent or third-partyadjustersinvolved in adjusting, inspecting,and handling plaintiff(s)' claim or loss (cover-to-cover),from the home office, regionaloffice and local office for the subjectclaim, includingbut not limited to: A) All letters, memoranda, and other forms of written or computerized communication to, or from any employee of defendant that concern, refer,or relate in any way to the adjusting, processing,or handling of the claim at issue in this action. B) All written or computerized records of any oral communication, whether in person or by telephone,to or from any employee of defendant that concern, refer, or relate in any way to the processingof the subjectclaim. C) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee, representative or agent of defendant and plaintiff(s),or his representativesor agents that concern, refer,or relate in any way to the subject claim(s). D) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of defendant and any adjusterthat concern, refer,or relate in any way to the subjectclaim(s). E) All written or computerizedrecords of any investigation or adjustmentactivities by defendant and its adjusters,from the date of loss through the earlier date ofthis lawsuit or the date litigation was first anticipatedby defendant with regard to the subjectclaim. F) All written or computerizedcommunications and written or computerizedrecords of oral communications, whether in person or by telephone,to or from any employee of defendant and its adjustersthat concern, refer,or relate in any way to 9 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC the decision to pay, deny, withhold, delay payment, or conditionallyor partially pay plaintiff(s)' claim. G) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone,between plaintiff(s) and any employee of defendant and its adjustersthat concern, refer,or relate in any way to the decision by any employee of defendant to pay, deny, withhold, delaypayment, or conditionally or partially pay plaintiff(s)' claim. H) All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of defendant and any third party that concern, refer,or relate in any way to the decision by any employee or agent of defendant to pay, deny, withhold, delaypayment or conditionally or partially pay plaintiff(s)' claim. I) All activitylogs, diaries,claim notes or logs created by any adjuster,claim representative, manager, or supervisorof defendant or third party adjustersduring the adjustment of plaintiff(s)' claim up until the date of this lawsuit or the date defendant reasonablyanticipatedlitigation in connection with the claim at issue in this action. J) The file folders in which the precedingdocuments are kept. K) All reports and correspondence. L) Tapes - video and audio. M) Photographs and originalnegatives. 5. Copies of all documentation of whatever kind or nature in your possession, custody or control concerning the subjectloss,and all files relatingto plaintiff(s), and his claim for damages to the insured property, including but not limited to, certified copies of any applicableinsurance policies, recorded statements, documentation of the claim such as proofsof loss,damage estimates,reports or memoranda by defendant's adjuster(s) regardingthe extent of damage and the reasons for payment, delay of payment, withholding of payment, or denial of payment on the subjectclaim. 6. All checks reflecting payments made to plaintiff(s) to date. 7. A certified copy of the policy of insurance including declaration page, all endorsements and amendments in effect on the subjectdate of loss. 8 Copies of all summaries of statements made by plaintiff(s) and all recorded or transcribed statements and/or examinations under oath taken by you, your representative(s) and/or your attorneys of plaintiff(s). 10 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC 9- Copies of any photographs and inspectionreports of the insured property before the date of loss. 10. Copies of any photographs, inspectionreports and estimates of damages of the insured property after the date of loss. 11. Any and all photographs and inspectionreports, appraisalreports, roof and plumbing reports of the insured property received by the insurance carrier before and after the date of loss. 12. Copies of all correspondence,notices,reports or other communications between you and your representativesand plaintiff(s) and his representativesregarding the loss at the insured property. 13. Copies of all letters from defendant that make payment, deny payment, authorize payment or withhold payment for the subjectclaim. 14. Copies of all documents in your possession,custody or control relatingto the insured property, includingbut not limited to: photographs,video tapes, estimates, sketches, drawings,field notes, estimates for damage(s),reports relied upon by you, reports preparedby you or reports prepared for you or on your behalf of the plaintiff(s) regardingthe loss at the insured property. 15. Copies of all property damage inventories,estimates or reports prepared and received by you and upon which you relied in reachingyour conclusions concerningvaluation of the loss. 16. Copies of all other documents relied upon by you in reaching any conclusions regarding the plaintiff(s)' insurance claim and the coverage and payment decisions made on plaintiff(s)' claim, includingall books, tables,depreciationtables,guides,pricelists, whatsoever used by you in determiningthe valuation of the property or property damage sustained by the plaintiff(s), the methods of computation used by you in arrivingat valuation figuresfor the property, all reports, calculations, estimates and the like relied upon by you in arrivingat any and all figuresused in determiningthe damage to the property. 17. Any and all documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion to make payment, deny payment, authorize payment or withhold payment of the subjectclaim. 11 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC 18. All documents which indicate or support the date when defendant contends it first reasonably expected or anticipatedlitigation with plaintiff(s) and the reasons and factual circumstances which gave rise to that expectationor belief. 19. Copy of the underwriting file if defendant is making allegationsof fraud, misrepresentation, bad faith or cancellation of the subjectpolicy or if defendant is allegingthe subjectpolicyis voided for any reasons. 20. Defendant's PrivilegeLog preparedpursuant to Florida Rule of Civil Procedure 1.280(b)(6)identifyingwith particularity any and all documents withheld from defendant' S response to the preceding paragraphs as privileged,confidential,or otherwise protectedfrom discovery. 12 LAW OFFICES OF MARCOTE & MARCOTE DE MOYA, PLLC