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Filing # 134515784 E-Filed 09/14/2021 08:41:36 AM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
JOHN HUGHES, III, as Receiver of
FLICKER CONSTRUCTION, INC.,
Plaintiff,
v. CASE NO.: 2019-003916-CA-01
ROMAN FLICKER and MID-CONTINENT
CASUALTY COMPANY,
Defendants.
/
PLAINTIFF’S EXPERT REQUESTS FOR PRODUCTION TO DEFENDANT MID-
CONTINENT CASUALTY COMPANY
IN ACCORDANCE with Florida Rule of Civil Procedure 1.350, Plaintiff, JOHN
HUGHES, III, as Received of FLICKER CONSTRUCTION, INC., hereby requests that
Defendant, MID-CONTINENT CASUALTY COMPANY, respond to this discovery within the
time prescribed by said Rules. If the reasonable cost of duplicating the materials produced in
response to these requests will exceed $50.00, please contact Plaintiff’s counsel before
providing the copies to discuss the costs of production.
If any objections are asserted, please state the grounds for each objection as required
by Rules 1.280(b)(6) and 1.350. If any claims of privilege are asserted, please describe the
nature of the documents, communications, or things not produced or disclosed in a manner
that, without revealing information itself privileged or protected, will enable other parties to
assess the applicability of the alleged privilege as required by Rule 1.280(b)(6) and 1.350.
DEFINITIONS
I. YOU or YOUR refers to MID-CONTINENT CASUALTY COMPANY and any parent,
subsidiary or affiliated company, and any of their current or former agents, employees,
officers, directors, attorneys, or designated representatives, and anyone else acting or
purporting to act on MID-CONTINENT CASUALTY COMPANY’s behalf.
II. EXPERT refers to any person YOU may call at trial to provide expert opinion testimony.
REQUESTS
1. The most current Curriculum Vitae or Resume for each EXPERT.
2. A list of each EXPERT’s professional associations and committees.
3. A listof any honors or awards the EXPERT has received in the last ten years, and any
documents reflecting such honors or awards.
4. A list of any degrees or certifications the EXPERT has received, and any documents
reflecting such degrees or certifications.
5. A complete copy of any paper or electronic file in the possession, custody or control each
EXPERT regarding this case.
6. All documents created by any EXPERT in connection with this case, including any reports
or notes.
7. The raw data and/or original results of any tests performed or administered by any
EXPERT or any agent or employee of the EXPERT in relation to this case.
8. All documents provided or made available to YOU by any EXPERT in relation to this case.
9. All documents provided or made available to any EXPERT by YOU in relation to this case.
10. All communications between YOU and any EXPERT which relate in any manner to this
case or Plaintiff.
11. All materials reviewed or consulted by any EXPERT in relation to this case.
12. All materials received by any EXPERT in relation to this case.
13. Any treaties or other publication relied on in any way by any EXPERT in formulating his
or her opinion in connection with this case.
14. For each EXPERT, any treatise or other publication related to the subject matter of that
EXPERT’s opinions which he or she finds authoritative and/or reliable.
15. All billing records, time records, activity logs and similar documents evidencing the
activity of any EXPERT for any services rendered in connection with this case and/or the
amount of compensation paid for such services.
16. Any document incorporating any agreement with any EXPERT which sets forth the terms
of that EXPERT’s employment, the scope of the undertaking or the method by which the
EXPERT’s compensation is calculated.
17. All publications and articles authored or coauthored by any EXPERT.
18. The current fee schedule for each EXPERT.
19. Copies of any advertisements or other marketing materials created or used by any EXPERT
during the past five years for any expert and/or consulting services provided by the
EXPERT, including screenshots of any websites.
20. For each EXPERT, a list of all cases in which he or she provided testimony, whether by
deposition or at trial, during the past three years, including, where available, the case name,
case number, court in which case was pending, Plaintiff’s lawyer(s), Defendant’s
lawyer(s), name of retaining lawyer and name of lawyer requesting testimony.
21. All sworn testimony (affidavits, hearing transcripts, deposition transcripts and trial
transcripts) of any EXPERT from the past three years which is in YOUR possession,
custody or control.
22. Please provide copies of all documents and materials reasonably expected or intended to
be used at trial for witness impeachment, including depositions, medical literature and any
and all other impeachment materials of any type, kind or variety.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically
filed and furnished by e-mail to Edward T. Sylvester, Kevin Vannatta, and Kathryn L. Ender,
Edward.Sylvester@lewisbrisbois.com, Kevin.Vannatta@lewisbrisbois.com,
Kathryn.Ender@lewisbrisbois.com, and Jessica.SanMartin@lewisbrisbois.com, Lewis Brisbois
Bisgaard & Smith, LLP, 110 S.E. 6th Street, Ste. 2600, Fort Lauderdale, FL 33301; and James H.
Wyman, Ronald L. Kammmer, and Pedro E. Hernandez, jwyman@hishawlaw.com,
aromero@hinshawlaw.com, rkammer@hinshawlaw.com, dphangsang@hinshawlaw.com.
phernandez@hinshawlaw.com, and msinclair@hinshawlaw.com, Hinshaw & Culbertson LLP,
2525 Ponce de Leon Blvd., 4th Floor, Coral Gables, FL 33134, on this 14th day of September,
2021.
/s/ Brent Steinberg
BRANDON G. CATHEY
Florida Bar No.: 941891
BRENT G. STEINBERG
Florida Bar No.: 0085453
SWOPE, RODANTE P.A.
1234 E. 5th Avenue
Tampa, Florida 33605
TEL: (813) 273-0017
FAX: (813) 223-3678
Team2eservice@swopelaw.com
Attorneys for Plaintiff
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Filing # 134515784 E-Filed 09/14/2021 08:41:36 AM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JOHN HUGHES, III, as Receiver of FLICKER CONSTRUCTION, INC., Plaintiff, v. CASE NO.: 2019-003916-CA-01 ROMAN FLICKER and MID-CONTINENT CASUALTY COMPANY, Defendants. / PLAINTIFF’S EXPERT REQUESTS FOR PRODUCTION TO DEFENDANT MID- CONTINENT CASUALTY COMPANY IN ACCORDANCE with Florida Rule of Civil Procedure 1.350, Plaintiff, JOHN HUGHES, III, as Received of FLICKER CONSTRUCTION, INC., hereby requests that Defendant, MID-CONTINENT CASUALTY COMPANY, respond to this discovery within the time prescribed by said Rules. If the reasonable cost of duplicating the materials produced in response to these requests will exceed $50.00, please contact Plaintiff’s counsel before providing the copies to discuss the costs of production. If any objections are asserted, please state the grounds for each objection as required by Rules 1.280(b)(6) and 1.350. If any claims of privilege are asserted, please describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the alleged privilege as required by Rule 1.280(b)(6) and 1.350. DEFINITIONS I. YOU or YOUR refers to MID-CONTINENT CASUALTY COMPANY and any parent, subsidiary or affiliated company, and any of their current or former agents, employees, officers, directors, attorneys, or designated representatives, and anyone else acting or purporting to act on MID-CONTINENT CASUALTY COMPANY’s behalf. II. EXPERT refers to any person YOU may call at trial to provide expert opinion testimony. REQUESTS 1. The most current Curriculum Vitae or Resume for each EXPERT. 2. A list of each EXPERT’s professional associations and committees. 3. A listof any honors or awards the EXPERT has received in the last ten years, and any documents reflecting such honors or awards. 4. A list of any degrees or certifications the EXPERT has received, and any documents reflecting such degrees or certifications. 5. A complete copy of any paper or electronic file in the possession, custody or control each EXPERT regarding this case. 6. All documents created by any EXPERT in connection with this case, including any reports or notes. 7. The raw data and/or original results of any tests performed or administered by any EXPERT or any agent or employee of the EXPERT in relation to this case. 8. All documents provided or made available to YOU by any EXPERT in relation to this case. 9. All documents provided or made available to any EXPERT by YOU in relation to this case. 10. All communications between YOU and any EXPERT which relate in any manner to this case or Plaintiff. 11. All materials reviewed or consulted by any EXPERT in relation to this case. 12. All materials received by any EXPERT in relation to this case. 13. Any treaties or other publication relied on in any way by any EXPERT in formulating his or her opinion in connection with this case. 14. For each EXPERT, any treatise or other publication related to the subject matter of that EXPERT’s opinions which he or she finds authoritative and/or reliable. 15. All billing records, time records, activity logs and similar documents evidencing the activity of any EXPERT for any services rendered in connection with this case and/or the amount of compensation paid for such services. 16. Any document incorporating any agreement with any EXPERT which sets forth the terms of that EXPERT’s employment, the scope of the undertaking or the method by which the EXPERT’s compensation is calculated. 17. All publications and articles authored or coauthored by any EXPERT. 18. The current fee schedule for each EXPERT. 19. Copies of any advertisements or other marketing materials created or used by any EXPERT during the past five years for any expert and/or consulting services provided by the EXPERT, including screenshots of any websites. 20. For each EXPERT, a list of all cases in which he or she provided testimony, whether by deposition or at trial, during the past three years, including, where available, the case name, case number, court in which case was pending, Plaintiff’s lawyer(s), Defendant’s lawyer(s), name of retaining lawyer and name of lawyer requesting testimony. 21. All sworn testimony (affidavits, hearing transcripts, deposition transcripts and trial transcripts) of any EXPERT from the past three years which is in YOUR possession, custody or control. 22. Please provide copies of all documents and materials reasonably expected or intended to be used at trial for witness impeachment, including depositions, medical literature and any and all other impeachment materials of any type, kind or variety. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically filed and furnished by e-mail to Edward T. Sylvester, Kevin Vannatta, and Kathryn L. Ender, Edward.Sylvester@lewisbrisbois.com, Kevin.Vannatta@lewisbrisbois.com, Kathryn.Ender@lewisbrisbois.com, and Jessica.SanMartin@lewisbrisbois.com, Lewis Brisbois Bisgaard & Smith, LLP, 110 S.E. 6th Street, Ste. 2600, Fort Lauderdale, FL 33301; and James H. Wyman, Ronald L. Kammmer, and Pedro E. Hernandez, jwyman@hishawlaw.com, aromero@hinshawlaw.com, rkammer@hinshawlaw.com, dphangsang@hinshawlaw.com. phernandez@hinshawlaw.com, and msinclair@hinshawlaw.com, Hinshaw & Culbertson LLP, 2525 Ponce de Leon Blvd., 4th Floor, Coral Gables, FL 33134, on this 14th day of September, 2021. /s/ Brent Steinberg BRANDON G. CATHEY Florida Bar No.: 941891 BRENT G. STEINBERG Florida Bar No.: 0085453 SWOPE, RODANTE P.A. 1234 E. 5th Avenue Tampa, Florida 33605 TEL: (813) 273-0017 FAX: (813) 223-3678 Team2eservice@swopelaw.com Attorneys for Plaintiff