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Filing # 96919739 E-Filed 10/08/2019 01:41:53 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL
CIRCUIT, IN AND FOR MARION COUNTY,
FLORIDA
CASE NO:
JESUS SANTIAGO,
Plaintiff,
vs.
MICHAEL OWENS HERLONG,
Defendant.
/
PLAINTIFF REQUEST FOR PRODUCTION
COMES NOW the Plaintiff, JESUS SANTIAGO, by and through the undersigned counsel
and hereby requests that Defendant, MICHAEL OWENS HERLONG, produce for inspection or
copying the documents set forth below. Defendant shall produce these documents at 14229 U.S.
Hwy. 441, Tavares, FL 32778 within forty-five (45) days after service of this Request for
Production.
I. Definitions
A. As used throughout this Request to Produce, the following terms are defined as
follows:
B. "Document" is used in the broad sense and means any tangible object or thing that
contains, conveys, or records information. Production is required of the original, or any copy if the
original is not available, of any book, record, minutes of meetings, reports and/or summaries of
interviews, reports and/or summaries of investigations; opinions or reports of consultants; opinions
Electronically Filed Marion Case # 19CA002229AX 10/08/2019 01:41:53 PM
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:of counsel; communications of any nature, including internal company communications,
memoranda, telegrams, telexes, letters, notes of telephone conferences, agreements, reports or
summaries of negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press
releases, drafts and revisions of drafts of documents, any written, printed, typed or other graphic
matter of any kind or nature, drawings, photographs, paper, communication, chart, tap, disk, card,
wire or other electronic or mechanical recording or transcript or any other instrument or device from
which information can be perceived, in the employees or agents, or known by Plaintiff to exist,
unless otherwise privileged.
C. "Document" also includes copies containing information in addition to that
contained on the original (such as notations, computations, attachments, etc.), and shall include all
copies of documents by whatever means made and whether or not claimed to be privileged or
otherwise excludable from discovery. To the extent that a request that a request calls for the
production of multiple identical documents or things, only one copy of each such identical
documents or things need be produced. Two copies are not identical if one of the copies has any
information, writing, printing, or other marks not present on the other of the copies.
D. _ Ifany tape, disk, card, wire, or other electronic or mechanical recording or transcript
or any computer program is produced, such documents as are necessity for the decoding, putting
back, printing out and/or interpretation thereof, and any other documents which are necessity to
convert such information into a useful and necessity to convert such information into a useful and
usable format shall also be produced, in order to make this request under Rule 1.350 meaningful and
genuine.
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:E. "Person" means any natural person, public or private corporation (whether or not
organized for profit), partnership, unincorporated association, governmental agency or body, or
other legal entity.
F. "Company" means any business or governmental entity to which this request is
addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in interest, and
predecessors as well as all of its directors, officers, principals, partners, employees, agents,
representatives, attorneys, any other persons working for or on behalf thereof, whether temporary or
permanent, and any "person" in which Plaintiff has acquired an interest.
G. "Statement" means (1) any written statement made any a person and signed or
otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other
recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement
made by that person and recorded contemporaneously with the making of such oral statement.
H. As may be used in these Request "and" is conjunctive (meaning, e.g., A and B); and
or" is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be withheld, or
limited, because it refers or relates to only one, or to more than one, item in a request.
1. As may be used in this Request to Produce, the terms "trademark" and "service
mark" shall be considered interchangeable, and the term "mark" shall be considered to refer to any
trademark, service mark, trade name, or business designation, or any other word, symbol, design,
logo, title, or slogan used to identify the source of origin of products or services. References to
‘products" or "goods" shall be considered to include services.
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:II. Claim of Privilege
If any document or statement is withheld from this request under a claim of privilege, then
please furnish a list which identifies each document or statement for which privilege is claimed and
include the following information for each such document:
1.
2.
relates or corresponds.
Description sufficient to identify.
The date(s).
The subject matter(s).
The sender(s) or author(s).
The recipient(s).
The persons to whom copies were furnished, together with their job titles.
The present depository or person having custody of the document.
The nature and basis of privilege or immunity claimed.
The paragraph(s) of this request to which each such document or statement
Ill. Grouping or Numbering of Items Produced.
Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items submitted
in response to this Request to Produce be organized and labeled according to the individual
paragraphs of the request to which they are responsive, and within each group, arranged in
chronological order.
IV. Place, time, and manner of response.
A response to this Request to Produce is due within forty-five (45) days after service of this
Request to Produce, and shall be made at the offices of Morgan & Morgan, P.A., 14229 U.S. Hwy.
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:441, Tavares, FL 32778, or at such other place as the parties may agree. Authentic copies of
document may be supplied, provided that existing originals are available for inspection,
examination, and comparison.
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:DEFENDANT SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS:
1. All statements made by any occupants of the vehicles involved in the subject
accident.
2. All statements made by any witnesses to the subject accident.
3. All statements made by Plaintiff pertaining to or concerning the subject matter.
4. All photographs of the vehicles involved in the subject accident showing damages
sustained or alternatively, the right to inspect such vehicles.
5. All photographs of Defendant or Plaintiff depicting injuries received in the subject
accident.
6. A copy of any and all insurance agreements, insurance policies or agreements of any
kind or nature under which any person or company carrying on an insurance business may be liable
to satisfy part of all of a judgment which may be entered in this action or to indemnify or reimburse
any payments made to satisfy any such judgment or settlement, including but not limited to a
certified copy of the declarations sheet as to each such policy.
7. Documents relating to or discussing repairs or maintenance to Defendant’s vehicle
that were done for the six (6) month period of time preceding and including the date of the accident
and for the six (6) month period of time following the date of the accident.
8. The repair bill and estimates for the repairs to any of the vehicles involved in the accident
for damages incurred in the accident.
9. Documents relating to or discussing any statements made by Defendant.
10. All photographs of the accident scene and surrounding areas.
11. Any surveillance video/pictures of Plaintiff taken following the subject accident.
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:12. Any records reflecting the towing of any vehicles involved in the accident from the
scene of the accident.
13. A copy of the driver's license of any drivers involved in the subject accident that
existed on the date of the accident as well as the current driver's license.
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Defendant,
together with the Summons and Complaint.
Js! Michael J. Smith
Michael J. Smith, Esquire
FBN# 0105368
Morgan & Morgan, P.A.
14229 US Highway 441
Tavares, FL 32778
Telephone: 352-253-2700
Facsimile: 352-253-2701
Primary email: msmith@forthepeople.com
Secondary email: ecannon@forthepeople.com
rpadgett@forthepeople.com;
khyde@forthepeople.com
Attorneys for Plaintiff
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:
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Filing # 96919739 E-Filed 10/08/2019 01:41:53 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA CASE NO: JESUS SANTIAGO, Plaintiff, vs. MICHAEL OWENS HERLONG, Defendant. / PLAINTIFF REQUEST FOR PRODUCTION COMES NOW the Plaintiff, JESUS SANTIAGO, by and through the undersigned counsel and hereby requests that Defendant, MICHAEL OWENS HERLONG, produce for inspection or copying the documents set forth below. Defendant shall produce these documents at 14229 U.S. Hwy. 441, Tavares, FL 32778 within forty-five (45) days after service of this Request for Production. I. Definitions A. As used throughout this Request to Produce, the following terms are defined as follows: B. "Document" is used in the broad sense and means any tangible object or thing that contains, conveys, or records information. Production is required of the original, or any copy if the original is not available, of any book, record, minutes of meetings, reports and/or summaries of interviews, reports and/or summaries of investigations; opinions or reports of consultants; opinions Electronically Filed Marion Case # 19CA002229AX 10/08/2019 01:41:53 PM You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:of counsel; communications of any nature, including internal company communications, memoranda, telegrams, telexes, letters, notes of telephone conferences, agreements, reports or summaries of negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts and revisions of drafts of documents, any written, printed, typed or other graphic matter of any kind or nature, drawings, photographs, paper, communication, chart, tap, disk, card, wire or other electronic or mechanical recording or transcript or any other instrument or device from which information can be perceived, in the employees or agents, or known by Plaintiff to exist, unless otherwise privileged. C. "Document" also includes copies containing information in addition to that contained on the original (such as notations, computations, attachments, etc.), and shall include all copies of documents by whatever means made and whether or not claimed to be privileged or otherwise excludable from discovery. To the extent that a request that a request calls for the production of multiple identical documents or things, only one copy of each such identical documents or things need be produced. Two copies are not identical if one of the copies has any information, writing, printing, or other marks not present on the other of the copies. D. _ Ifany tape, disk, card, wire, or other electronic or mechanical recording or transcript or any computer program is produced, such documents as are necessity for the decoding, putting back, printing out and/or interpretation thereof, and any other documents which are necessity to convert such information into a useful and necessity to convert such information into a useful and usable format shall also be produced, in order to make this request under Rule 1.350 meaningful and genuine. You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:E. "Person" means any natural person, public or private corporation (whether or not organized for profit), partnership, unincorporated association, governmental agency or body, or other legal entity. F. "Company" means any business or governmental entity to which this request is addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in interest, and predecessors as well as all of its directors, officers, principals, partners, employees, agents, representatives, attorneys, any other persons working for or on behalf thereof, whether temporary or permanent, and any "person" in which Plaintiff has acquired an interest. G. "Statement" means (1) any written statement made any a person and signed or otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by that person and recorded contemporaneously with the making of such oral statement. H. As may be used in these Request "and" is conjunctive (meaning, e.g., A and B); and or" is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be withheld, or limited, because it refers or relates to only one, or to more than one, item in a request. 1. As may be used in this Request to Produce, the terms "trademark" and "service mark" shall be considered interchangeable, and the term "mark" shall be considered to refer to any trademark, service mark, trade name, or business designation, or any other word, symbol, design, logo, title, or slogan used to identify the source of origin of products or services. References to ‘products" or "goods" shall be considered to include services. You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:II. Claim of Privilege If any document or statement is withheld from this request under a claim of privilege, then please furnish a list which identifies each document or statement for which privilege is claimed and include the following information for each such document: 1. 2. relates or corresponds. Description sufficient to identify. The date(s). The subject matter(s). The sender(s) or author(s). The recipient(s). The persons to whom copies were furnished, together with their job titles. The present depository or person having custody of the document. The nature and basis of privilege or immunity claimed. The paragraph(s) of this request to which each such document or statement Ill. Grouping or Numbering of Items Produced. Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items submitted in response to this Request to Produce be organized and labeled according to the individual paragraphs of the request to which they are responsive, and within each group, arranged in chronological order. IV. Place, time, and manner of response. A response to this Request to Produce is due within forty-five (45) days after service of this Request to Produce, and shall be made at the offices of Morgan & Morgan, P.A., 14229 U.S. Hwy. You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:441, Tavares, FL 32778, or at such other place as the parties may agree. Authentic copies of document may be supplied, provided that existing originals are available for inspection, examination, and comparison. You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:DEFENDANT SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS: 1. All statements made by any occupants of the vehicles involved in the subject accident. 2. All statements made by any witnesses to the subject accident. 3. All statements made by Plaintiff pertaining to or concerning the subject matter. 4. All photographs of the vehicles involved in the subject accident showing damages sustained or alternatively, the right to inspect such vehicles. 5. All photographs of Defendant or Plaintiff depicting injuries received in the subject accident. 6. A copy of any and all insurance agreements, insurance policies or agreements of any kind or nature under which any person or company carrying on an insurance business may be liable to satisfy part of all of a judgment which may be entered in this action or to indemnify or reimburse any payments made to satisfy any such judgment or settlement, including but not limited to a certified copy of the declarations sheet as to each such policy. 7. Documents relating to or discussing repairs or maintenance to Defendant’s vehicle that were done for the six (6) month period of time preceding and including the date of the accident and for the six (6) month period of time following the date of the accident. 8. The repair bill and estimates for the repairs to any of the vehicles involved in the accident for damages incurred in the accident. 9. Documents relating to or discussing any statements made by Defendant. 10. All photographs of the accident scene and surrounding areas. 11. Any surveillance video/pictures of Plaintiff taken following the subject accident. You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com:12. Any records reflecting the towing of any vehicles involved in the accident from the scene of the accident. 13. A copy of the driver's license of any drivers involved in the subject accident that existed on the date of the accident as well as the current driver's license. I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Defendant, together with the Summons and Complaint. Js! Michael J. Smith Michael J. Smith, Esquire FBN# 0105368 Morgan & Morgan, P.A. 14229 US Highway 441 Tavares, FL 32778 Telephone: 352-253-2700 Facsimile: 352-253-2701 Primary email: msmith@forthepeople.com Secondary email: ecannon@forthepeople.com rpadgett@forthepeople.com; khyde@forthepeople.com Attorneys for Plaintiff You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdi.com: