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Filing # 110418175 E-Filed 07/17/2020 02:49:43 PM
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,
CASE NO.: 2019-003916-CA-01
v.
ROMAN FLICKER and MID-CONTINENT
CASUALTY COMPANY,
Defendants.
/
NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM OF MID-
CONTINENT CASUALTY COMPANY’S CORPORATE REPRESENTATIVE
YOU WILL PLEASE TAKE NOTICE that pursuant to Rule 1.310(b)(6) of the Florida
Rules of Civil Procedure, the undersigned will take the video deposition on oral examination of:
NAME: Corporate Representative of Mid-Continent Casualty
Company
DATE & TIME: August 25, 2020, at 10:00 a.m. E.S.T.
All parties, court reporter and witness may attend this deposition via video
conferencing in lieu of attending in person. Plaintiff’s counsel will conduct the deposition
located at Swope, Rodante P.A., 1234 East 5th Avenue, Tampa, Florida 33605. If you need
a location to attend this deposition by video conferencing, please contact Swope, Rodante P.A.
at least five (5) days before the date of this deposition, and a location will be provided for you.
The following link to join the deposition may be used with any computer, tablet or smart phone
with a functioning camera and microphone.
Video Link: https://meeting.windstream.com/j/1125828287
Meeting ID: 112 582 8287
The undersigned will provide the meeting password to all interested parties at least
twenty-four (24) hours prior to this deposition.
The deposition will be taken upon oral examination before Clark Reporting Service,
as court reporter, or before some other officer authorized by law to take depositions in the State
of Florida.
The witness will be sworn in accordance with the Supreme Court of Florida, Order No.
AOSC20-23, In re: Comprehensive COVID-19 Emergency Measures for the Florida State
Courts, issued May 4, 2020.
This deposition is being taken for the purpose of discovery, for use at trial or for such
other purposes as are permitted under the applicable laws, statutes, Rules of Civil Procedures
and/or Rules of Court.
DEFINITIONS
I. DOCUMENT or DOCUMENTS mean any written or graphic matter or other means of
preserving thought or expression, and all tangible things from which information can
be processed or transcribed, including the originals and all non-identical copies,
whether different from the original by reason of any notation made on such copy or
otherwise, and whether maintained in paper or electronically, including, but not limited
to, correspondence, emails, memoranda, notes, messages, letters, telegrams, teletype,
telefax, bulletins, meetings or other communications, interoffice and intra-office
telephone calls, diaries, claim diaries, chronological data, minutes, books, reports,
studies, summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets,
receipts, returns, computer printouts, prospectuses, financial statements, schedules,
affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys,
magazine or newspaper articles, releases (any and all drafts, alterations and
modifications, changes and amendments of any of the foregoing), graphic or natural
records or representations of any kind (including without limitation photographs,
microfiche, microfilm, videotape, recordings, motion pictures), audio recordings, and
electronic, computer, or mechanical records or representations of any kind (including
without limitation tapes, cassettes, computer discs and records).
II. MCC refers to Defendant, MID-CONTINENT CASUALTY COMPANY and any
affiliated company, and their current and former agents, employees, officers, directors,
or other designated representatives.
III. ACCIDENT refers to the incident that occurred on September 6, 2010, at 1250 South
Miami Avenue, Miami, Florida, wherein a spiral staircase fell on Manuel Perea.
IV. UNDERLYING CLAIM refers to the claims made by Manuel Perea against Flicker
Construction Inc., arising from the ACCIDENT.
V. TORT CASE refers to the matter styled Manuel Perea vs. Flicker Construction, Inc.,
Case No. 10-58782-CA-01 (Fla. 11th Cir. Ct.).
*AREAS OF INQUIRY
1. Identification and explanation of the factual bases for MCC’s affirmative defenses and
denials in its answer to Plaintiff’s Amended Complaint.
2. MCC’s obligations to Plaintiff as a result of the commercial general liability insurance
policy issued to Plaintiff that was in effect on September 6, 2010.
3. Identification of the MCC employees involved in the handling of the UNDERLYING
CLAIM and/or the TORT CASE; and a description of their job responsibilities.
4. MCC’s decision to deny coverage to Plaintiff under Plaintiff’s commercial general
liability insurance policy for the UNDERLYING CLAIM and/or the TORT CASE.
5. MCC’s decision to decline to defend Plaintiff against the UNDERLYING CLAIM
and/or the TORT CASE.
6. MCC’s handling, investigation, evaluation, and defense of the UNDERLYING
CLAIM and/or the TORT CASE.
7. All communications among MCC and all communications between MCC and any other
individual or entity from September 6, 2010 through July 18, 2013, regarding the
ACCIDENT, UNDERLYING CLAIM, and/or the TORT CASE.
8. Description of what DOCUMENTS MCC has or had in its possession, custody or
control at any point between September 6, 2010 through July 18, 2013 which are/were
related to the ACCIDENT, UNDERLYING CLAIM, and/or the TORT CASE; and
description of how such DOCUMENTS are/were organized and stored.
9. Description of what DOCUMENTS MCC has or had in its possession, custody or
control which are responsive to the Plaintiff’s discovery requests; and description of
how such DOCUMENTS are/were organized and stored.
10. Description of how MCC identified and gathered information and documents
responsive to Plaintiff’s discovery requests and any steps MCC took to ensure its
discovery responses and productions are accurate and complete.
11. MCC’s answers to interrogatories served in this matter, whether in state or federal
court.
*THE DEPONENT IS TO PRODUCE AT THAT TIME AND PLACE ALL
DOCUMENTS THAT RELATE TO THE AREAS OF INQUIRY IDENTIFIED
ABOVE.
NOTE: Any documents you contend are privileged will not be disclosed at deposition.
However, please bring them and they will be marked sufficiently for identification to allow
subsequent judicial determination as to the claimed privilege.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
electronically filed and furnished by email to Edward T. Sylvester and Siobhan E.P. Grant,
esylvester@hinshawlaw.com, lleon@hinshawlaw.com, and SGrant@hinshawlaw.com,
Hinshaw & Culbertson, LLP, 2525 Ponce de Leon Boulevard, 4th Floor, Coral Gables, Florida
33134, on this 17th day of July, 2020.
/s/ Brent Steinberg
BRANDON G. CATHEY
Florida Bar No.: 941891
BRENT G. STEINBERG
Florida Bar No.: 0085453
DANIEL L. GREENE
Florida Bar No.: 1003266
SWOPE, RODANTE P.A.
1234 E. 5th Avenue
Tampa, Florida 33605
Tel: (813) 273-0017
Fax: (813) 223-3678
team2eservice@swopelaw.com
eservice@swopelaw.com
Attorneys for Plaintiff
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Filing # 110418175 E-Filed 07/17/2020 02:49:43 PM 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, CASE NO.: 2019-003916-CA-01 v. ROMAN FLICKER and MID-CONTINENT CASUALTY COMPANY, Defendants. / NOTICE OF TAKING VIDEOTAPED DEPOSITION DUCES TECUM OF MID- CONTINENT CASUALTY COMPANY’S CORPORATE REPRESENTATIVE YOU WILL PLEASE TAKE NOTICE that pursuant to Rule 1.310(b)(6) of the Florida Rules of Civil Procedure, the undersigned will take the video deposition on oral examination of: NAME: Corporate Representative of Mid-Continent Casualty Company DATE & TIME: August 25, 2020, at 10:00 a.m. E.S.T. All parties, court reporter and witness may attend this deposition via video conferencing in lieu of attending in person. Plaintiff’s counsel will conduct the deposition located at Swope, Rodante P.A., 1234 East 5th Avenue, Tampa, Florida 33605. If you need a location to attend this deposition by video conferencing, please contact Swope, Rodante P.A. at least five (5) days before the date of this deposition, and a location will be provided for you. The following link to join the deposition may be used with any computer, tablet or smart phone with a functioning camera and microphone. Video Link: https://meeting.windstream.com/j/1125828287 Meeting ID: 112 582 8287 The undersigned will provide the meeting password to all interested parties at least twenty-four (24) hours prior to this deposition. The deposition will be taken upon oral examination before Clark Reporting Service, as court reporter, or before some other officer authorized by law to take depositions in the State of Florida. The witness will be sworn in accordance with the Supreme Court of Florida, Order No. AOSC20-23, In re: Comprehensive COVID-19 Emergency Measures for the Florida State Courts, issued May 4, 2020. This deposition is being taken for the purpose of discovery, for use at trial or for such other purposes as are permitted under the applicable laws, statutes, Rules of Civil Procedures and/or Rules of Court. DEFINITIONS I. DOCUMENT or DOCUMENTS mean any written or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, and whether maintained in paper or electronically, including, but not limited to, correspondence, emails, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins, meetings or other communications, interoffice and intra-office telephone calls, diaries, claim diaries, chronological data, minutes, books, reports, studies, summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (any and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphic or natural records or representations of any kind (including without limitation photographs, microfiche, microfilm, videotape, recordings, motion pictures), audio recordings, and electronic, computer, or mechanical records or representations of any kind (including without limitation tapes, cassettes, computer discs and records). II. MCC refers to Defendant, MID-CONTINENT CASUALTY COMPANY and any affiliated company, and their current and former agents, employees, officers, directors, or other designated representatives. III. ACCIDENT refers to the incident that occurred on September 6, 2010, at 1250 South Miami Avenue, Miami, Florida, wherein a spiral staircase fell on Manuel Perea. IV. UNDERLYING CLAIM refers to the claims made by Manuel Perea against Flicker Construction Inc., arising from the ACCIDENT. V. TORT CASE refers to the matter styled Manuel Perea vs. Flicker Construction, Inc., Case No. 10-58782-CA-01 (Fla. 11th Cir. Ct.). *AREAS OF INQUIRY 1. Identification and explanation of the factual bases for MCC’s affirmative defenses and denials in its answer to Plaintiff’s Amended Complaint. 2. MCC’s obligations to Plaintiff as a result of the commercial general liability insurance policy issued to Plaintiff that was in effect on September 6, 2010. 3. Identification of the MCC employees involved in the handling of the UNDERLYING CLAIM and/or the TORT CASE; and a description of their job responsibilities. 4. MCC’s decision to deny coverage to Plaintiff under Plaintiff’s commercial general liability insurance policy for the UNDERLYING CLAIM and/or the TORT CASE. 5. MCC’s decision to decline to defend Plaintiff against the UNDERLYING CLAIM and/or the TORT CASE. 6. MCC’s handling, investigation, evaluation, and defense of the UNDERLYING CLAIM and/or the TORT CASE. 7. All communications among MCC and all communications between MCC and any other individual or entity from September 6, 2010 through July 18, 2013, regarding the ACCIDENT, UNDERLYING CLAIM, and/or the TORT CASE. 8. Description of what DOCUMENTS MCC has or had in its possession, custody or control at any point between September 6, 2010 through July 18, 2013 which are/were related to the ACCIDENT, UNDERLYING CLAIM, and/or the TORT CASE; and description of how such DOCUMENTS are/were organized and stored. 9. Description of what DOCUMENTS MCC has or had in its possession, custody or control which are responsive to the Plaintiff’s discovery requests; and description of how such DOCUMENTS are/were organized and stored. 10. Description of how MCC identified and gathered information and documents responsive to Plaintiff’s discovery requests and any steps MCC took to ensure its discovery responses and productions are accurate and complete. 11. MCC’s answers to interrogatories served in this matter, whether in state or federal court. *THE DEPONENT IS TO PRODUCE AT THAT TIME AND PLACE ALL DOCUMENTS THAT RELATE TO THE AREAS OF INQUIRY IDENTIFIED ABOVE. NOTE: Any documents you contend are privileged will not be disclosed at deposition. However, please bring them and they will be marked sufficiently for identification to allow subsequent judicial determination as to the claimed privilege. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically filed and furnished by email to Edward T. Sylvester and Siobhan E.P. Grant, esylvester@hinshawlaw.com, lleon@hinshawlaw.com, and SGrant@hinshawlaw.com, Hinshaw & Culbertson, LLP, 2525 Ponce de Leon Boulevard, 4th Floor, Coral Gables, Florida 33134, on this 17th day of July, 2020. /s/ Brent Steinberg BRANDON G. CATHEY Florida Bar No.: 941891 BRENT G. STEINBERG Florida Bar No.: 0085453 DANIEL L. GREENE Florida Bar No.: 1003266 SWOPE, RODANTE P.A. 1234 E. 5th Avenue Tampa, Florida 33605 Tel: (813) 273-0017 Fax: (813) 223-3678 team2eservice@swopelaw.com eservice@swopelaw.com Attorneys for Plaintiff