Preview
Filing #
W
71740221
JIMMY PATRONIS
STATE OF FLORIDA
E-Filed 05/07/2018 09:52:15 AM
CREEKSIDE CLEARWATER, LLC
CASE #: 18—002801-CI
COURT: CIRCUIT COURT
COUNTY: PINELLAS
PLAINTIFF(S) DFS-SOP #: 18-000105286
VS.
SCOTTSDALE INSURANCE COMPANY
DEFENDANT(S)
/
SUMNIONS, COMPLAINT, DISCOVERY, CIVIL COVER SHEET, REQUEST FOR ADMISSIONS, DESIGNATION OF
EMAIL ADDRESSES, NOTICE OF SERVICE OF CORRESPONDENCE
NOTICE OF SERVICE OF PROCESS
NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of the
State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Thursday,
May 3, 2018 and a copy was forwarded by ELECTRONIC DELIVERY on Monday, May 7, 2018 to the
designated agent for the named entity as shown below.
SCOTTSDALE INSURANCE COMPANY
LYNETTE COLEMAN
1201 HAYS STREET
TALLAHASSEE, FL 32301
*Our office will only serve the initial process(Summons and Complaint) or Subpoena and isnot responsible
for transmittal of any subsequent fillings, pleadings, or documents unless otherwise ordered by the Court
pursuant to Florida Rules of Civil Procedure, Rule #1.080
WM
J immy Patronis
Chief Financial Officer
MAGGIE CARPENTER
PARALEGAL
THE NATION LAW FIRM
5151 S. LAKELAND DRIVE
SUITE 2 KAJ
LAKELAND, FL 33813
***ELECTRONICALLY FILED 05/07/2018%%27f¥£fi9§fi€%fih§§?5ififlfiffifis lsfiffi°61mCUIT4COURT PINELLAS COUNTY***
East Gaines Street- P. O. Box 6200- Tallahassee, FL 32314- 6200- (850)413-4
Case Number: 18-002801-CI
Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM
IN THE CIRCUIT COURT, IN AND FOR
PINELLAS COUNTY FLORIDA
CASE NO.
CREEKSIDE CLEARWATER, LLC,
Plaintifi(s),
vs.
SCOTTSDALE INSURANCE COMPANY,
Defendant.
I
S U M M O N S
2018
THE STATE OF FLORIDA:
May,
07 To All and Singular the Sheriffs of said State:
on
AGENT
Services
YOU ARE HEREBY COMMANDED to serve this summons and a copy of the
party
Complaint or Petition, Notice of Service of Interrogatories, Request to Produce, Request
for Admissions, Designation of Electronic Mail Addresses and Request for Designation
named
Financial
of Electronic Mail Address and Notice of Service of Correspondence in the above styled
REGISTERED
cause upon the Defendant:
or
of
SCOTTSDALE INSURANCE COMPANY
defendant Serve: JIMMY PATRONIS
Department
STATUTORY
Chief Financial Officer
Department of Financial Services] Service of Process
on
Post Office Box 6200, Tallahassee, FL 32314
AS served
Florida
Each defendant is hereby required to serve written defenses to said Complaint or
and
Petition on Bradford L. Stewart, Esquire, Plaintiff(s)’ attorney, whose address is 5151
the
RECEIVED
South Lakeland Drive, Suite 2, Lakeland, Florida 33813 within 20 days after service of
by
2018 this summons upon you, exclusive of the day of service, and to file the original of said
written defenses with the clerk of said court either before service on Plaintiff(s)’ attorney
May,
or immediately thereafter. Ifyou fail to do so, a default will be entered against you for
03 the relief demanded in the Complaint or Petition.
on
WITNESS my hand and the seal of said Court on MayMAY 03 2°18 ,
2018.
Ken Burke, CPA
Clerk of CIRCUIT COURT
KEN BURKE CLERK CIRCUIT COURT
315 Court Street
(COUREI§§®£1&,
By QMBML
AS Deputy U erk
Pinellas County, FL 33756-5165
s.
***ELECTRONICALLY FILED 05/02/2018 10:35:46 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM
FORM 1.997. CIVIL COVER SHEET
The civilcover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings
or other documents as required by law. This form must be filed by the plaintiff or petitioner for the use of the Clerk of
Court for the purpose of reporting judicial workload data pursuant to section 25.075, Florida Statutes. (See instructions for
completion.)
|. CASE STYLE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT,
IN AND FOR PINELLAS COUNTY, FLORIDA
Case No.:
Judge:
CREEKSIDE CLEARWATER, LLC
Plaintiff
VS.
SCOTTSDALE INSURANCE COMPANY
Defendant
||. TYPE OF CASE
Q Non-homestead residential foreclosure
Q Condominium $250,00 or more
D Contracts and indebtedness Q Other real Property actions$0 -
$50,000
E Eminent domain Q Other real property actions$50,001 -$249,999
E Auto negligence Q Other real property actions$250,000 or more
Q Negligence — other
Business governance Q Professional malpractice
ID Malpractice — business
Business torts
ID Malpractice — medical
Environmental/Toxic tort
Malpractice — other professional
Third party indemnification 3H3
0t _1
Construction defect
DIDIDIDIDIDIDIDDID
Antitrust/Trade Regulation
Mass tort
Business Transaction
Negligent security IDIDIDID
-
Circuit CivilNot Applicable
Nursing home negligence
— commercial Constitutional challenge-statute or
Premises liability
ordinance
_ Premises — residential
liability
ID Constitutional challenge-proposed
ID Products liability
amendment
ID Real Property/Mortgage foreclosure
ID Corporate Trusts
ID Commercial foreclosure $0 -
$50,000
ID Discrimination-employment or other
ID Commercial foreclosure $50,001 - $249,999
IE Insurance claims
ID Commercial foreclosure $250,000 or more
ID property
Intellectual
ID Homestead residential foreclosure$0 — 50,000 Libel/Slander
ID
ID Homestead residential foreclosure$50,001 -
ID Shareholder derivative action
$249,999
ID Securities litigation
Homestead residential foreclosure $250,000 or
ID Trade secrets
more
IUD
ID Trust litigation
Non-homestead residential foreclosure $0 -
$50,000
ID Non-homestead residential foreclosure
- $249,999
$50,001
COMPLEX BUSINESS COURT
This action isappropriate for assignment to Complex Business Court as delineated and mandated by the
Administrative Order. Yes Q No E
III. REMEDIES SOUGHT (check allthat apply):
E Monetary;
Q Non-monetary declaratory or injunctive relief;
Q Punitive
IV. NUMBER OF CAUSES OF ACTION: ( )
(Specify)
1
V. IS THIS CASE A CLASS ACTION LAWSUIT?
Q Yes
E No
VI. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
E No
Q Yes — If“yes” related
list all cases by name, case number and court
VII. ls JURY TRIAL DEMANDED IN COMPLAINT?
E Yes
Q No
| CERTIFY that the information Ihave provided in this cover sheet is accurate to the best of my knowledge and belief,and
that Ihave read and willcomply with the requirements of Florida Rule of Judicial Administration 2.425.
Signature s/ Bradford L. Stewart FL Bar No.: 15760
Attorney or party (Bar number, attorney)
if
Bradford L. Stewart 05/02/2018
(Type or print name) Date
Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM
IN THE CIRCUIT COURT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.
CREEKSIDE CLEARWATER, LLC,
Plaintifi(s),
vs.
SCOTTSDALE INSURANCE COMPANY,
Defendant.
I
C O M P L Al N T
COME NOW the Plaintiff(s), CREEKSIDE CLEARWATER, LLC, by and through
the undersigned attorney and sue(s) the Defendant, SCOTTSDALE INSURANCE
COMPANY, a corporation authorized and doing business in the state of Florida, and
alleges as follows:
1. This is an action for damages in the amount of $66,777.74, exclusive of
attorneys’ fees, costs and interest. Plaintiff’s attorneys’ fees at the time this action was
filed are less than $1,000.00.
2. Plaintiff(s)’ commercial property, located at 1280 Druid Road E,
Clearwater, Florida, sustained damage due to a water leak which occurred on or about
October 4, 2017.
3. A policy of commercial insurance, including the coverages to protect
Plaintiff(s) against the above losses, was issued by Defendant and was in full force and
effect as to Plaintiff(s) when Plaintiff(s)’ commercial property was damaged. A copy of
the policy is in the exclusive control of Defendant, and will be produced during
discovery.
4. Plaintiff(s) have complied with all conditions precedent to entitle Plaintiff(s)
to recover under the policy.
5. Defendant has refused to pay for allof Plaintiff(s)’ losses.
6. Defendant’s refusal to pay for all of Plaintiff(s)’ losses is a breach of
contract.
7. Because of Defendant's refusal to pay for all of Plaintiff(s)’ losses, ithas
become necessary that Plaintiff(s) retain the services of the undersigned attorney.
Plaintiff(s) are obligated to pay a reasonable fee for the attorney's services in bringing
this action, plus necessary costs.
WHEREFORE, Plaintiff(s) demand judgment against Defendant for all covered
losses with interest on any overdue payments, damages that were a consequence of
the breach of the contract that could have reasonably been expected to result from the
breach, attorney's fees and costs pursuant to Florida Statutes §§ 627.428 or 626.9373,
57.041, and 92.231, and demand a trialbyjury.
Dated: May 2,2018
/
Bradford L. Stewart
Florida Bar No. 015760
The Nation Law Firm, LLP
5151 S. Lakeland Drive, Suite 2
Lakeland, FL 33813
Telephone: (863) 940-5350
Facsimile: (863) 940-5380
Primary Email: mszutz@nation|aw.com
Secondary Email: bstewart@nationlaw.com
Attorneys for Plaintiff(s)
Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM
IN THE CIRCUIT COURT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.
CREEKSIDE CLEARWATER, LLC,
Plaintiff(s),
vs.
SCOTTSDALE INSURANCE COMPANY,
Defendant.
I
NOTICE OF SERVICE OF INTERROGATORIES
Plaintiff(s), pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby
file Notice of Service of the original and one (1) copy of a set of Interrogatories to be
answered by the Defendant under oath and in writing, within forty-five (45) days from
the date of service hereof.
I HEREBY CERTIFY that a true and correct copy of the foregoing was
served upon the Defendant’s Registered Agent, State of Florida, Chief Financial Officer,
200 E. Gaines St., Tallahassee, FL 32399, by service of process contemporaneously
with the Complaint in this matter.
Dated: May 2,2018
Bradford L. Sfewért
Florida Bar No. 015760
The Nation Law Firm, LLP
5151 S. Lakeland Drive, Suite 2
Lakeland, FL 33813
Telephone: (863) 940-5350
Facsimile: (863) 940-5380
Primary Email: mszutz@nation|aw.com
Secondary Email: bstewart@nationlaw.com
Attorneys for Plaintiff(s)
IN THE CIRCUIT COURT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.
CREEKSIDE CLEARWATER, LLC,
Plaintifi(s),
vs.
SCOTTSDALE INSURANCE COMPANY,
Defendant.
INTERROGATORIES TO DEFENDANT
TO: SERVICE OF PROCESS SECTION
FLORIDA DEPARTMENT OF INSURANCE
PO. Box 6200
Tallahassee, FL 32314-6200
Attention: Ms. Altheia Stephens
Legal Offices, Service of Process
PURSUANT to Rule 1.340 of the Florida Rules of Civil Procedure, Plaintiff(s)
propound to the Defendant the attached 11 Interrogatories to be answered under oath
and in writing within forty-five (45) days after service hereof.
(Definitions: "You(r) as used in these interrogatories means your corporation, company
or partnership, or any who handles, adjust or investigates claims on its behalf.)
State your complete corporate name, nature of your business, whether you are
licensed to do business in the State of Florida, whether you maintain agents for
the transacting of your customary business in Pinellas County, Florida, and
whether your name as it appears in the Plaintiff(s)’ Complaint is correct.
List the names, addresses and telephone numbers of all persons believed or
known by you, your agents or attorneys to have any knowledge concerning any
of the issues raised by the pleadings, specifying the subject matter about which
the witnesses have knowledge and state whether you have obtained any
statements (oral, written and/or recorded) from any of said witnesses, list the
dates any such witness statements were taken, by whom any such witness
statements were taken and who has present possession, custody and control of
any such statements.
List the names, residence addresses, business addresses and telephone number
of all persons believed or known by you, your agents, or attorneys, to have heard
Plaintiff(s) make any statement, remark or comment concerning the losses
complained of in the Complaint and the substance of any such statement, remark
or comment.
List the names, residence addresses, business addresses and telephone
numbers of all persons who, on your behalf or on behalf of your agents or
representative, have if any participated in the investigation, adjusting or handling
of the claim for benefits involved herein and specify the date and the nature of
the participation of each such person.
5. Describe in detail each fact known to you about the nature of the Plaintiff(s)’
request for coverage and what information (from any source) you have indicating
that Defendant has paid Plaintiff(s)’ damages in full.
For any and all policy defenses as well as affirmative defenses which you
reasonably believe are available with regard to the claim made by the Plaintiff(s)
herein: Describe in detail the factual and legal basis for any such defenses and
give complete names, residence addresses, business addresses and telephone
number of each and every person believed or known by you, your agents or
attorneys, to have knowledge of the facts which would provide the basis for any
such defenses.
List the names, addresses and official positions of each and every person in your
employ or in the employ of anyone on your behalf who has had any involvement
in the review of the denial or withholding of payment of the Plaintiff(s)’ claim and
state in what capacity they were involved, the date they were involved and the
nature of their involvement.
With regard to the Plaintiff(s)’ Request to Produce served with the Complaint, for
each item on the Request to Produce of which you are withholding production
claiming any privilege (work product/attorney—client, etc.), please state, with
respect to each such document:
(a) The date of the document; the number of pages of the document; the type
of document involved and its general subject matter without disclosing its
contents; and, the names of all person who prepared the document or to
whom the document was directed.
(b) The privilege upon the Defendant relies on withholding the document; all
facts upon which Defendant relies in support of the privilege; the names,
business addresses, residence addresses, telephone numbers, positions
and occupations of all persons known or believed by Defendant to have
knowledge concerning the factual basis for Defendant's assertion of
privilege with regard to the documents;
(C) Any policy provisions, statutory language or case law which Defendant
relies upon in claiming the privilege.
Please state how much money Defendant has paid any consultants who
examined Plaintiff(s)’ commercial property (whether engineers, contractors or
roofers) over the past 5 years for the evaluation of claims submitted to Defendant
by Defendant’s insureds.
10. Identify all projects upon which any consultants who examined Plaintiff(s)’
commercial property (whether roofing, engineering, contracting, estimating, or
inspection) has performed services for Defendant over the past 5 years for the
evaluation of claims submitted to Defendant by Defendant’s insureds.
11. Please refer to each of the Defendant’s responses to Plaintiff(s)’ Request for
Admissions and for each response that is not a full and unqualified admission,
then please state all facts and circumstances supporting the Defendant’s denial
or qualified admission, and identify all documents or correspondence the
Defendant will use to prove or support your denial or qualified admission.
STATE OF
PINELLAS COUNTY OF
BEFORE ME, the undersigned authority, appeared
D who is personally known to me or D who has provided
as identification, and he / she states that the above and foregoing Answers to
Interrogatories are true and correct.
NOTARY PUBLIC - State of
My Commission Expires:
Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM
IN THE CIRCUIT COURT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.
CREEKSIDE CLEARWATER, LLC,
Plaintifi(s),
vs.
SCOTTSDALE INSURANCE COMPANY,
Defendant.
I
REQUEST TO PRODUCE
Plaintiff(s), pursuant to Florida Rule of Civil Procedure 1.350, request the
Defendant, SCOTTSDALE INSURANCE COMPANY, a corporation authorized and
doing business in the state of Florida, to furnish copies of the following documents to
the offices of the undersigned attorney within forty-five (45) days from the date of
service hereof:
1. All insurance policies that would inure to the benefit of the Plaintiff(s)
herein, together with any declaration of coverage page and sworn statement of a
corporate officer of Defendant attesting to the coverage and authenticity of the policy as
required by Florida Statutes.
2. All non-privileged portions of the claim filewith regard to this claim. For any
items withheld, please set forth the nature of the privilege or protection allowing you to
withhold the document, the date of the document, the drafter, recipient, and a general
description of the document.
3. Copies of any and all forms, correspondence, or reports received by you
or any of your agents on your behalf concerning the Plaintiff(s)’ losses from anyone.
4. Any and all statements taken by the Defendant of any witnesses with
regard to any fact relevant to any fact in this case, such as was taken prior to the filing
of suit in this matter.
5. Any and all photographs in the Defendant’s possession related to
Plaintiff(s)’ claim in their native digital format.
6. All audiotapes and transcripts of any statement given by Plaintiff(s).
7. Copies of all IRS Forms 1099 from Defendant to any consultants who
examined Plaintiff(s)’ commercial property (whether engineers, contractors or roofers)
for past 5 years for the evaluation of claims submitted to Defendant by Defendant’s
insureds.
8. All reports in your possession that support Defendant’s contention that any
of Plaintiff(s)’ charges are not covered or proper.
9. The complete underwriting file with regard to Defendant’s issuance of
insurance on the subject risk, and all renewals.
IT IS HEREBY requested that the aforesaid production be made within forty-five
(45) days from the date of service at the office of Bradford L. Stewart, Esquire, The
Nation Law Firm, 5151 South Lakeland Drive, Suite 2, Lakeland, Florida 33813.
Inspection will be made by visual observation, examination and/or copying.
[This space was intentionally left blank]
Dated: May 2,2018 /
Bradford L. Stewart
Florida Bar No. 015760
The Nation Law Firm, LLP
5151 S. Lakeland Drive, Suite 2
Lakeland, FL 33813
Telephone: (863) 940-5350
Facsimile: (863) 940-5380
Primary Email: mszutz@nation|aw.com
Secondary Email: bstewart@nationlaw.com
Attorneys for Plaintiff(s)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served
upon the Defendant’s Registered Agent, State of Florida, Chief Financial Officer, 200 E.
Gaines St., Tallahassee, FL 32399, by service of process contemporaneously with the
Complaint in this matter.
Bradfofd LV.
Stewart
Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM
IN THE CIRCUIT COURT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.
CREEKSIDE CLEARWATER, LLC,
Plaintifi(s),
vs.
SCOTTSDALE INSURANCE COMPANY,
Defendant.
I
REQUEST FOR ADMISSIONS
Plaintiff(s), pursuant to Florida Rule of Civil Procedure 1.370, request the
Defendant, SCOTTSDALE INSURANCE COMPANY, a corporation authorized and
doing business in the state of Florida, serve a response to the following request for
admissions:
1. Defendant issued a policy of insurance to Plaintiff(s) (“Policy”) for the
property located at 1280 Druid Road E, Clearwater, Florida (“Commercial property”).
2. At all material times, Plaintiff(s) had an insurable interest in the
Commercial property.
3. The Commercial property sustained direct physical damage as a result of
a water leak which occurred on or about October 4, 2017, while the Policy was in full
force and effect (the “Ioss”).
4. Defendant was notified of the loss pursuant to the terms and conditions of
the Policy.
5. Plaintiff(s) submitted an insurance claim to Defendant (the “claim”)
pursuant to the terms and conditions of the Policy.
6. Plaintiff(s) did not cause prejudice to Defendant during its investigation of
the claim.
7. As of the date of this lawsuit, there were no outstanding requests by
Defendant for documents or information in connection with its investigation and
adjustment of the claim.
8. Plaintiff(s) complied with all duties after a loss pursuant to the Policy.
9. The Policy provides coverage for any and all sudden and accidental
physical damage to the Commercial property that is not otherwise excluded or excepted
by the policy.
10. The Policy provides coverage for “all risks” of loss to the Commercial
property.
11. The Policy provides benefits on a “Replacement Cost Value” basis for
covered losses to the Commercial property subject to the policy limits.
12. In the event of a covered loss to the Commercial property, the Policy
provides benefits to repair or replace damaged or destroyed property, without deducting
for depreciation.
13. In the event of a covered loss to the Commercial property, the Policy
requires Defendant to pay benefits on a “Replacement Cost Value” basis, irrespective of
whether Plaintiff(s) actually repair or replace the damaged property.
Dated: May 2, 2018 /
Bradford L. Stewart
Florida Bar No. 015760
The Nation Law Firm, LLP
5151 S. Lakeland Drive, Suite 2
Lakeland, FL 33813
Telephone: (863) 940-5350
Facsimile: (863) 940-5380
Primary Email: mszutz@nation|aw.com
Secondary Email: bstewart@nationlaw.com
Attorneys for Plaintiff(s)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served
upon the Defendant’s Registered Agent, State of Florida, Chief Financial Officer, 200 E.
Gaines St., Tallahassee, FL 32399, by service of process ontemporaneously with the
Complaint in this matter.
Bradford LUStewart
Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM
IN THE CIRCUIT COURT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.
CREEKSIDE CLEARWATER, LLC,
Plaintifi(s),
vs.
SCOTTSDALE INSURANCE COMPANY,
Defendant.
I
DESIGNATION OF ELECTRONIC MAIL ADDRESSES AND
REQUEST FOR DESIGNATION OF ELECTRONIC MAIL ADDRESS
Pursuant to Florida Supreme Court’s Amendment to the Florida Rule of Civil
Procedure #SC10-2101, counsel for Plaintiff(s) hereby designate the primary and
secondary electronic mail addresses for this matter and respectfully requests all other
counsel provide a primary electronic mail address for this matter, so all attorneys may
comply with Florida Supreme Court’s Amendment to the Florida Rules of Civil Procedure.
Primary Electronic Mail Address: mszutz(a)nation|aw.com
Secondary Electronic Mail Address: bstewart(a)nationlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served
upon the Defendant’s Registered Agent, State of Florida, Chief Financial Officer, 200 E.
Gaines St., Tallahassee, FL 32399, by service of process contemporaneously with the
Complaint in this matter.
Dated: May 2,2018
/
Bradford L‘.Sféwart
Preview
Filing # W 71740221 JIMMY PATRONIS STATE OF FLORIDA E-Filed 05/07/2018 09:52:15 AM CREEKSIDE CLEARWATER, LLC CASE #: 18—002801-CI COURT: CIRCUIT COURT COUNTY: PINELLAS PLAINTIFF(S) DFS-SOP #: 18-000105286 VS. SCOTTSDALE INSURANCE COMPANY DEFENDANT(S) / SUMNIONS, COMPLAINT, DISCOVERY, CIVIL COVER SHEET, REQUEST FOR ADMISSIONS, DESIGNATION OF EMAIL ADDRESSES, NOTICE OF SERVICE OF CORRESPONDENCE NOTICE OF SERVICE OF PROCESS NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of the State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Thursday, May 3, 2018 and a copy was forwarded by ELECTRONIC DELIVERY on Monday, May 7, 2018 to the designated agent for the named entity as shown below. SCOTTSDALE INSURANCE COMPANY LYNETTE COLEMAN 1201 HAYS STREET TALLAHASSEE, FL 32301 *Our office will only serve the initial process(Summons and Complaint) or Subpoena and isnot responsible for transmittal of any subsequent fillings, pleadings, or documents unless otherwise ordered by the Court pursuant to Florida Rules of Civil Procedure, Rule #1.080 WM J immy Patronis Chief Financial Officer MAGGIE CARPENTER PARALEGAL THE NATION LAW FIRM 5151 S. LAKELAND DRIVE SUITE 2 KAJ LAKELAND, FL 33813 ***ELECTRONICALLY FILED 05/07/2018%%27f¥£fi9§fi€%fih§§?5ififlfiffifis lsfiffi°61mCUIT4COURT PINELLAS COUNTY*** East Gaines Street- P. O. Box 6200- Tallahassee, FL 32314- 6200- (850)413-4 Case Number: 18-002801-CI Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM IN THE CIRCUIT COURT, IN AND FOR PINELLAS COUNTY FLORIDA CASE NO. CREEKSIDE CLEARWATER, LLC, Plaintifi(s), vs. SCOTTSDALE INSURANCE COMPANY, Defendant. I S U M M O N S 2018 THE STATE OF FLORIDA: May, 07 To All and Singular the Sheriffs of said State: on AGENT Services YOU ARE HEREBY COMMANDED to serve this summons and a copy of the party Complaint or Petition, Notice of Service of Interrogatories, Request to Produce, Request for Admissions, Designation of Electronic Mail Addresses and Request for Designation named Financial of Electronic Mail Address and Notice of Service of Correspondence in the above styled REGISTERED cause upon the Defendant: or of SCOTTSDALE INSURANCE COMPANY defendant Serve: JIMMY PATRONIS Department STATUTORY Chief Financial Officer Department of Financial Services] Service of Process on Post Office Box 6200, Tallahassee, FL 32314 AS served Florida Each defendant is hereby required to serve written defenses to said Complaint or and Petition on Bradford L. Stewart, Esquire, Plaintiff(s)’ attorney, whose address is 5151 the RECEIVED South Lakeland Drive, Suite 2, Lakeland, Florida 33813 within 20 days after service of by 2018 this summons upon you, exclusive of the day of service, and to file the original of said written defenses with the clerk of said court either before service on Plaintiff(s)’ attorney May, or immediately thereafter. Ifyou fail to do so, a default will be entered against you for 03 the relief demanded in the Complaint or Petition. on WITNESS my hand and the seal of said Court on MayMAY 03 2°18 , 2018. Ken Burke, CPA Clerk of CIRCUIT COURT KEN BURKE CLERK CIRCUIT COURT 315 Court Street (COUREI§§®£1&, By QMBML AS Deputy U erk Pinellas County, FL 33756-5165 s. ***ELECTRONICALLY FILED 05/02/2018 10:35:46 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM FORM 1.997. CIVIL COVER SHEET The civilcover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) |. CASE STYLE IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA Case No.: Judge: CREEKSIDE CLEARWATER, LLC Plaintiff VS. SCOTTSDALE INSURANCE COMPANY Defendant ||. TYPE OF CASE Q Non-homestead residential foreclosure Q Condominium $250,00 or more D Contracts and indebtedness Q Other real Property actions$0 - $50,000 E Eminent domain Q Other real property actions$50,001 -$249,999 E Auto negligence Q Other real property actions$250,000 or more Q Negligence — other Business governance Q Professional malpractice ID Malpractice — business Business torts ID Malpractice — medical Environmental/Toxic tort Malpractice — other professional Third party indemnification 3H3 0t _1 Construction defect DIDIDIDIDIDIDIDDID Antitrust/Trade Regulation Mass tort Business Transaction Negligent security IDIDIDID - Circuit CivilNot Applicable Nursing home negligence — commercial Constitutional challenge-statute or Premises liability ordinance _ Premises — residential liability ID Constitutional challenge-proposed ID Products liability amendment ID Real Property/Mortgage foreclosure ID Corporate Trusts ID Commercial foreclosure $0 - $50,000 ID Discrimination-employment or other ID Commercial foreclosure $50,001 - $249,999 IE Insurance claims ID Commercial foreclosure $250,000 or more ID property Intellectual ID Homestead residential foreclosure$0 — 50,000 Libel/Slander ID ID Homestead residential foreclosure$50,001 - ID Shareholder derivative action $249,999 ID Securities litigation Homestead residential foreclosure $250,000 or ID Trade secrets more IUD ID Trust litigation Non-homestead residential foreclosure $0 - $50,000 ID Non-homestead residential foreclosure - $249,999 $50,001 COMPLEX BUSINESS COURT This action isappropriate for assignment to Complex Business Court as delineated and mandated by the Administrative Order. Yes Q No E III. REMEDIES SOUGHT (check allthat apply): E Monetary; Q Non-monetary declaratory or injunctive relief; Q Punitive IV. NUMBER OF CAUSES OF ACTION: ( ) (Specify) 1 V. IS THIS CASE A CLASS ACTION LAWSUIT? Q Yes E No VI. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? E No Q Yes — If“yes” related list all cases by name, case number and court VII. ls JURY TRIAL DEMANDED IN COMPLAINT? E Yes Q No | CERTIFY that the information Ihave provided in this cover sheet is accurate to the best of my knowledge and belief,and that Ihave read and willcomply with the requirements of Florida Rule of Judicial Administration 2.425. Signature s/ Bradford L. Stewart FL Bar No.: 15760 Attorney or party (Bar number, attorney) if Bradford L. Stewart 05/02/2018 (Type or print name) Date Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO. CREEKSIDE CLEARWATER, LLC, Plaintifi(s), vs. SCOTTSDALE INSURANCE COMPANY, Defendant. I C O M P L Al N T COME NOW the Plaintiff(s), CREEKSIDE CLEARWATER, LLC, by and through the undersigned attorney and sue(s) the Defendant, SCOTTSDALE INSURANCE COMPANY, a corporation authorized and doing business in the state of Florida, and alleges as follows: 1. This is an action for damages in the amount of $66,777.74, exclusive of attorneys’ fees, costs and interest. Plaintiff’s attorneys’ fees at the time this action was filed are less than $1,000.00. 2. Plaintiff(s)’ commercial property, located at 1280 Druid Road E, Clearwater, Florida, sustained damage due to a water leak which occurred on or about October 4, 2017. 3. A policy of commercial insurance, including the coverages to protect Plaintiff(s) against the above losses, was issued by Defendant and was in full force and effect as to Plaintiff(s) when Plaintiff(s)’ commercial property was damaged. A copy of the policy is in the exclusive control of Defendant, and will be produced during discovery. 4. Plaintiff(s) have complied with all conditions precedent to entitle Plaintiff(s) to recover under the policy. 5. Defendant has refused to pay for allof Plaintiff(s)’ losses. 6. Defendant’s refusal to pay for all of Plaintiff(s)’ losses is a breach of contract. 7. Because of Defendant's refusal to pay for all of Plaintiff(s)’ losses, ithas become necessary that Plaintiff(s) retain the services of the undersigned attorney. Plaintiff(s) are obligated to pay a reasonable fee for the attorney's services in bringing this action, plus necessary costs. WHEREFORE, Plaintiff(s) demand judgment against Defendant for all covered losses with interest on any overdue payments, damages that were a consequence of the breach of the contract that could have reasonably been expected to result from the breach, attorney's fees and costs pursuant to Florida Statutes §§ 627.428 or 626.9373, 57.041, and 92.231, and demand a trialbyjury. Dated: May 2,2018 / Bradford L. Stewart Florida Bar No. 015760 The Nation Law Firm, LLP 5151 S. Lakeland Drive, Suite 2 Lakeland, FL 33813 Telephone: (863) 940-5350 Facsimile: (863) 940-5380 Primary Email: mszutz@nation|aw.com Secondary Email: bstewart@nationlaw.com Attorneys for Plaintiff(s) Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO. CREEKSIDE CLEARWATER, LLC, Plaintiff(s), vs. SCOTTSDALE INSURANCE COMPANY, Defendant. I NOTICE OF SERVICE OF INTERROGATORIES Plaintiff(s), pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby file Notice of Service of the original and one (1) copy of a set of Interrogatories to be answered by the Defendant under oath and in writing, within forty-five (45) days from the date of service hereof. I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant’s Registered Agent, State of Florida, Chief Financial Officer, 200 E. Gaines St., Tallahassee, FL 32399, by service of process contemporaneously with the Complaint in this matter. Dated: May 2,2018 Bradford L. Sfewért Florida Bar No. 015760 The Nation Law Firm, LLP 5151 S. Lakeland Drive, Suite 2 Lakeland, FL 33813 Telephone: (863) 940-5350 Facsimile: (863) 940-5380 Primary Email: mszutz@nation|aw.com Secondary Email: bstewart@nationlaw.com Attorneys for Plaintiff(s) IN THE CIRCUIT COURT, IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO. CREEKSIDE CLEARWATER, LLC, Plaintifi(s), vs. SCOTTSDALE INSURANCE COMPANY, Defendant. INTERROGATORIES TO DEFENDANT TO: SERVICE OF PROCESS SECTION FLORIDA DEPARTMENT OF INSURANCE PO. Box 6200 Tallahassee, FL 32314-6200 Attention: Ms. Altheia Stephens Legal Offices, Service of Process PURSUANT to Rule 1.340 of the Florida Rules of Civil Procedure, Plaintiff(s) propound to the Defendant the attached 11 Interrogatories to be answered under oath and in writing within forty-five (45) days after service hereof. (Definitions: "You(r) as used in these interrogatories means your corporation, company or partnership, or any who handles, adjust or investigates claims on its behalf.) State your complete corporate name, nature of your business, whether you are licensed to do business in the State of Florida, whether you maintain agents for the transacting of your customary business in Pinellas County, Florida, and whether your name as it appears in the Plaintiff(s)’ Complaint is correct. List the names, addresses and telephone numbers of all persons believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues raised by the pleadings, specifying the subject matter about which the witnesses have knowledge and state whether you have obtained any statements (oral, written and/or recorded) from any of said witnesses, list the dates any such witness statements were taken, by whom any such witness statements were taken and who has present possession, custody and control of any such statements. List the names, residence addresses, business addresses and telephone number of all persons believed or known by you, your agents, or attorneys, to have heard Plaintiff(s) make any statement, remark or comment concerning the losses complained of in the Complaint and the substance of any such statement, remark or comment. List the names, residence addresses, business addresses and telephone numbers of all persons who, on your behalf or on behalf of your agents or representative, have if any participated in the investigation, adjusting or handling of the claim for benefits involved herein and specify the date and the nature of the participation of each such person. 5. Describe in detail each fact known to you about the nature of the Plaintiff(s)’ request for coverage and what information (from any source) you have indicating that Defendant has paid Plaintiff(s)’ damages in full. For any and all policy defenses as well as affirmative defenses which you reasonably believe are available with regard to the claim made by the Plaintiff(s) herein: Describe in detail the factual and legal basis for any such defenses and give complete names, residence addresses, business addresses and telephone number of each and every person believed or known by you, your agents or attorneys, to have knowledge of the facts which would provide the basis for any such defenses. List the names, addresses and official positions of each and every person in your employ or in the employ of anyone on your behalf who has had any involvement in the review of the denial or withholding of payment of the Plaintiff(s)’ claim and state in what capacity they were involved, the date they were involved and the nature of their involvement. With regard to the Plaintiff(s)’ Request to Produce served with the Complaint, for each item on the Request to Produce of which you are withholding production claiming any privilege (work product/attorney—client, etc.), please state, with respect to each such document: (a) The date of the document; the number of pages of the document; the type of document involved and its general subject matter without disclosing its contents; and, the names of all person who prepared the document or to whom the document was directed. (b) The privilege upon the Defendant relies on withholding the document; all facts upon which Defendant relies in support of the privilege; the names, business addresses, residence addresses, telephone numbers, positions and occupations of all persons known or believed by Defendant to have knowledge concerning the factual basis for Defendant's assertion of privilege with regard to the documents; (C) Any policy provisions, statutory language or case law which Defendant relies upon in claiming the privilege. Please state how much money Defendant has paid any consultants who examined Plaintiff(s)’ commercial property (whether engineers, contractors or roofers) over the past 5 years for the evaluation of claims submitted to Defendant by Defendant’s insureds. 10. Identify all projects upon which any consultants who examined Plaintiff(s)’ commercial property (whether roofing, engineering, contracting, estimating, or inspection) has performed services for Defendant over the past 5 years for the evaluation of claims submitted to Defendant by Defendant’s insureds. 11. Please refer to each of the Defendant’s responses to Plaintiff(s)’ Request for Admissions and for each response that is not a full and unqualified admission, then please state all facts and circumstances supporting the Defendant’s denial or qualified admission, and identify all documents or correspondence the Defendant will use to prove or support your denial or qualified admission. STATE OF PINELLAS COUNTY OF BEFORE ME, the undersigned authority, appeared D who is personally known to me or D who has provided as identification, and he / she states that the above and foregoing Answers to Interrogatories are true and correct. NOTARY PUBLIC - State of My Commission Expires: Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO. CREEKSIDE CLEARWATER, LLC, Plaintifi(s), vs. SCOTTSDALE INSURANCE COMPANY, Defendant. I REQUEST TO PRODUCE Plaintiff(s), pursuant to Florida Rule of Civil Procedure 1.350, request the Defendant, SCOTTSDALE INSURANCE COMPANY, a corporation authorized and doing business in the state of Florida, to furnish copies of the following documents to the offices of the undersigned attorney within forty-five (45) days from the date of service hereof: 1. All insurance policies that would inure to the benefit of the Plaintiff(s) herein, together with any declaration of coverage page and sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity of the policy as required by Florida Statutes. 2. All non-privileged portions of the claim filewith regard to this claim. For any items withheld, please set forth the nature of the privilege or protection allowing you to withhold the document, the date of the document, the drafter, recipient, and a general description of the document. 3. Copies of any and all forms, correspondence, or reports received by you or any of your agents on your behalf concerning the Plaintiff(s)’ losses from anyone. 4. Any and all statements taken by the Defendant of any witnesses with regard to any fact relevant to any fact in this case, such as was taken prior to the filing of suit in this matter. 5. Any and all photographs in the Defendant’s possession related to Plaintiff(s)’ claim in their native digital format. 6. All audiotapes and transcripts of any statement given by Plaintiff(s). 7. Copies of all IRS Forms 1099 from Defendant to any consultants who examined Plaintiff(s)’ commercial property (whether engineers, contractors or roofers) for past 5 years for the evaluation of claims submitted to Defendant by Defendant’s insureds. 8. All reports in your possession that support Defendant’s contention that any of Plaintiff(s)’ charges are not covered or proper. 9. The complete underwriting file with regard to Defendant’s issuance of insurance on the subject risk, and all renewals. IT IS HEREBY requested that the aforesaid production be made within forty-five (45) days from the date of service at the office of Bradford L. Stewart, Esquire, The Nation Law Firm, 5151 South Lakeland Drive, Suite 2, Lakeland, Florida 33813. Inspection will be made by visual observation, examination and/or copying. [This space was intentionally left blank] Dated: May 2,2018 / Bradford L. Stewart Florida Bar No. 015760 The Nation Law Firm, LLP 5151 S. Lakeland Drive, Suite 2 Lakeland, FL 33813 Telephone: (863) 940-5350 Facsimile: (863) 940-5380 Primary Email: mszutz@nation|aw.com Secondary Email: bstewart@nationlaw.com Attorneys for Plaintiff(s) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant’s Registered Agent, State of Florida, Chief Financial Officer, 200 E. Gaines St., Tallahassee, FL 32399, by service of process contemporaneously with the Complaint in this matter. Bradfofd LV. Stewart Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO. CREEKSIDE CLEARWATER, LLC, Plaintifi(s), vs. SCOTTSDALE INSURANCE COMPANY, Defendant. I REQUEST FOR ADMISSIONS Plaintiff(s), pursuant to Florida Rule of Civil Procedure 1.370, request the Defendant, SCOTTSDALE INSURANCE COMPANY, a corporation authorized and doing business in the state of Florida, serve a response to the following request for admissions: 1. Defendant issued a policy of insurance to Plaintiff(s) (“Policy”) for the property located at 1280 Druid Road E, Clearwater, Florida (“Commercial property”). 2. At all material times, Plaintiff(s) had an insurable interest in the Commercial property. 3. The Commercial property sustained direct physical damage as a result of a water leak which occurred on or about October 4, 2017, while the Policy was in full force and effect (the “Ioss”). 4. Defendant was notified of the loss pursuant to the terms and conditions of the Policy. 5. Plaintiff(s) submitted an insurance claim to Defendant (the “claim”) pursuant to the terms and conditions of the Policy. 6. Plaintiff(s) did not cause prejudice to Defendant during its investigation of the claim. 7. As of the date of this lawsuit, there were no outstanding requests by Defendant for documents or information in connection with its investigation and adjustment of the claim. 8. Plaintiff(s) complied with all duties after a loss pursuant to the Policy. 9. The Policy provides coverage for any and all sudden and accidental physical damage to the Commercial property that is not otherwise excluded or excepted by the policy. 10. The Policy provides coverage for “all risks” of loss to the Commercial property. 11. The Policy provides benefits on a “Replacement Cost Value” basis for covered losses to the Commercial property subject to the policy limits. 12. In the event of a covered loss to the Commercial property, the Policy provides benefits to repair or replace damaged or destroyed property, without deducting for depreciation. 13. In the event of a covered loss to the Commercial property, the Policy requires Defendant to pay benefits on a “Replacement Cost Value” basis, irrespective of whether Plaintiff(s) actually repair or replace the damaged property. Dated: May 2, 2018 / Bradford L. Stewart Florida Bar No. 015760 The Nation Law Firm, LLP 5151 S. Lakeland Drive, Suite 2 Lakeland, FL 33813 Telephone: (863) 940-5350 Facsimile: (863) 940-5380 Primary Email: mszutz@nation|aw.com Secondary Email: bstewart@nationlaw.com Attorneys for Plaintiff(s) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant’s Registered Agent, State of Florida, Chief Financial Officer, 200 E. Gaines St., Tallahassee, FL 32399, by service of process ontemporaneously with the Complaint in this matter. Bradford LUStewart Filing # 71550480 E-Filed 05/02/2018 10:35:48 AM IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO. CREEKSIDE CLEARWATER, LLC, Plaintifi(s), vs. SCOTTSDALE INSURANCE COMPANY, Defendant. I DESIGNATION OF ELECTRONIC MAIL ADDRESSES AND REQUEST FOR DESIGNATION OF ELECTRONIC MAIL ADDRESS Pursuant to Florida Supreme Court’s Amendment to the Florida Rule of Civil Procedure #SC10-2101, counsel for Plaintiff(s) hereby designate the primary and secondary electronic mail addresses for this matter and respectfully requests all other counsel provide a primary electronic mail address for this matter, so all attorneys may comply with Florida Supreme Court’s Amendment to the Florida Rules of Civil Procedure. Primary Electronic Mail Address: mszutz(a)nation|aw.com Secondary Electronic Mail Address: bstewart(a)nationlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant’s Registered Agent, State of Florida, Chief Financial Officer, 200 E. Gaines St., Tallahassee, FL 32399, by service of process contemporaneously with the Complaint in this matter. Dated: May 2,2018 / Bradford L‘.Sféwart