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Filing # 125090374 E-Filed 04/16/2021 03:27:25 PM
IN THE CIRCUIT COURT OF THE
TH
11 JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 18-34416 CA 01
YVETTE BONHEUR, as Personal
Representative of the Estate of LEGITIME
ELISBRUN,
Plaintiff,
v.
FLORIDA POWER & LIGHT COMPANY and
LEWIS TREE SERVICE, INC.,
Defendants.
/
DEFENDANT FLORIDA POWER & LIGHT COMPANY’S RESPONSE TO
PLAINTIFF’S REQUEST FOR PRODUCTION DATED 3/18/20 (S/B 2021)
The Defendant FLORIDA POWER & LIGHT COMPANY (FPL) by and through
its undersigned counsel, hereby provides its responses to Plaintiff’s Request for
Production Dated 3/18/20 (should be 2021) served in this matter.
1. Any and all documents, records, photographs, or communications relating to trimming,
pruning, and/or vegetation management performed on the subject palm tree on or after June 2,
2018.
ANSWER: Provided.
2. Documents, scans, records, or other materials relating to measurements taken of the
subject power line and palm tree before and after June 2, 2018 through the present.
ANSWER: Provided measurements as taken on the date of the alleged incident.
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Bonheur/Elisbrun v. FPL, et al.
Case No. 18-34416 CA 01
3. Any and all LiDAR scans of the subject power lines and the subject palm tree.
ANSWER: None.
4. Any and all policies, procedures, or training manuals or materials relating to electrical
awareness.
ANSWER: Objection, overbroad, vague and ambiguous, unduly burdensome, irrelevant.
5. Any and all policies, procedures, or training manuals or materials relating to the dangers of
indirect electrocutions.
ANSWER: Objection, overbroad, vague and ambiguous, unduly burdensome, irrelevant.
6. All FPL's Completed Applications submitted to Tree Line USA and/or the Arbor Day
Foundation seeking to attain the designation of "Tree Line USA Utility" for the years 2010
through 2018.
ANSWER: Objection, overbroad, unduly burdensome, irrelevant.
7. All documentation received by FPL from Tree Line USA and/or the Arbor Day Foundation
in response to FPL's Applications indicating whether FPL attained the designation of "Tree Line
USA Utility" in each of the years from 2010 through 2018.
ANSWER: Objection, overbroad, irrelevant. Subject to foregoing objection, none in
Defendant’s possession for 2012-2018. Discovery is still ongoing.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via
email in compliance with Rule 2.516 this 16th day of April, 2021, to: Steven M. Singer, Esq.,
Steven M. Singer, PA, 7901 SW 6 Court, Suite 305, Plantation, FL 33324,
steven.m.singerpa@gmail.com; Joel H. Brown, Esq. and Jonathan Freidin, Esq., Freidin Brown,
PA, One Biscayne Tower, Suite 3100, 2 South Biscayne Blvd., Miami, FL 33131,
jhb@fblawyers.net; jf@fblawyers.net; mw@fblawyers.net; pleadings@fblawyers.net, Attorneys
for Plaintiffs; Michael K. Wilensky, Esq., Conroy Simberg, 3440 Hollywood Blvd., 2nd Floor,
Hollywood, FL 33021, mwilensky@conroysimberg.com, ddemarais@conroysimberg.com;
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Bonheur/Elisbrun v. FPL, et al.
Case No. 18-34416 CA 01
eservicehwd@conroysimberg.com, Attorneys for Lewis Tree Service, Inc., and to all Counsel of
Record as listed in the Florida Courts E-Filing Portal.
FLORIDA POWER & LIGHT COMPANY
By: /s/ Angelica Torrents Roque
Angelica Torrents Roque, Esq.
Fla. Bar No. 0037874
Robert E. Boan, Esq.
Fla. Bar No. 353078
4200 West Flagler Street
LAW/SCS – Second Floor
Miami, FL 33134
Telephone: (305) 442-5115
Primary: angelica.roque@fpl.com
Co-Counsel: robert.boan@fpl.com
Secondary: miriam.corzo.garcia@fpl.com
Attorneys for Defendant FPL
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Filing # 125090374 E-Filed 04/16/2021 03:27:25 PM IN THE CIRCUIT COURT OF THE TH 11 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NO. 18-34416 CA 01 YVETTE BONHEUR, as Personal Representative of the Estate of LEGITIME ELISBRUN, Plaintiff, v. FLORIDA POWER & LIGHT COMPANY and LEWIS TREE SERVICE, INC., Defendants. / DEFENDANT FLORIDA POWER & LIGHT COMPANY’S RESPONSE TO PLAINTIFF’S REQUEST FOR PRODUCTION DATED 3/18/20 (S/B 2021) The Defendant FLORIDA POWER & LIGHT COMPANY (FPL) by and through its undersigned counsel, hereby provides its responses to Plaintiff’s Request for Production Dated 3/18/20 (should be 2021) served in this matter. 1. Any and all documents, records, photographs, or communications relating to trimming, pruning, and/or vegetation management performed on the subject palm tree on or after June 2, 2018. ANSWER: Provided. 2. Documents, scans, records, or other materials relating to measurements taken of the subject power line and palm tree before and after June 2, 2018 through the present. ANSWER: Provided measurements as taken on the date of the alleged incident. 1 Bonheur/Elisbrun v. FPL, et al. Case No. 18-34416 CA 01 3. Any and all LiDAR scans of the subject power lines and the subject palm tree. ANSWER: None. 4. Any and all policies, procedures, or training manuals or materials relating to electrical awareness. ANSWER: Objection, overbroad, vague and ambiguous, unduly burdensome, irrelevant. 5. Any and all policies, procedures, or training manuals or materials relating to the dangers of indirect electrocutions. ANSWER: Objection, overbroad, vague and ambiguous, unduly burdensome, irrelevant. 6. All FPL's Completed Applications submitted to Tree Line USA and/or the Arbor Day Foundation seeking to attain the designation of "Tree Line USA Utility" for the years 2010 through 2018. ANSWER: Objection, overbroad, unduly burdensome, irrelevant. 7. All documentation received by FPL from Tree Line USA and/or the Arbor Day Foundation in response to FPL's Applications indicating whether FPL attained the designation of "Tree Line USA Utility" in each of the years from 2010 through 2018. ANSWER: Objection, overbroad, irrelevant. Subject to foregoing objection, none in Defendant’s possession for 2012-2018. Discovery is still ongoing. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via email in compliance with Rule 2.516 this 16th day of April, 2021, to: Steven M. Singer, Esq., Steven M. Singer, PA, 7901 SW 6 Court, Suite 305, Plantation, FL 33324, steven.m.singerpa@gmail.com; Joel H. Brown, Esq. and Jonathan Freidin, Esq., Freidin Brown, PA, One Biscayne Tower, Suite 3100, 2 South Biscayne Blvd., Miami, FL 33131, jhb@fblawyers.net; jf@fblawyers.net; mw@fblawyers.net; pleadings@fblawyers.net, Attorneys for Plaintiffs; Michael K. Wilensky, Esq., Conroy Simberg, 3440 Hollywood Blvd., 2nd Floor, Hollywood, FL 33021, mwilensky@conroysimberg.com, ddemarais@conroysimberg.com; 2 Bonheur/Elisbrun v. FPL, et al. Case No. 18-34416 CA 01 eservicehwd@conroysimberg.com, Attorneys for Lewis Tree Service, Inc., and to all Counsel of Record as listed in the Florida Courts E-Filing Portal. FLORIDA POWER & LIGHT COMPANY By: /s/ Angelica Torrents Roque Angelica Torrents Roque, Esq. Fla. Bar No. 0037874 Robert E. Boan, Esq. Fla. Bar No. 353078 4200 West Flagler Street LAW/SCS – Second Floor Miami, FL 33134 Telephone: (305) 442-5115 Primary: angelica.roque@fpl.com Co-Counsel: robert.boan@fpl.com Secondary: miriam.corzo.garcia@fpl.com Attorneys for Defendant FPL 3