Preview
Filing # 138784568 E-Filed 11/18/2021 10:52:55 AM
IN THE CIRCUIT COURT OR THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2021-023142-CA-01
MICHELLE LEON,
Plaintiff,
vs.
PLAZA DEL PRADO CONDOMINIUM
ASSOCIATION, INC., a Florida Not for
Profit Corporation,
Defendant.
_________________________________/
DEFENDANT PLAZA DEL PRADO CONDOMINUM ASSOCIATION, INC.’S
FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
Defendant, PLAZA DEL PRADO CONDOMINIUM ASSOCIATION, INC.,
(“PLAZA”), by and through undersigned counsel, and pursuant to Rule 1.350 of the
Florida Rules of Civil Procedure hereby propounds its First Request for Production to
Plaintiff, MICHELLE LEON.
[CERTIFICATE OF SERVICE AND SIGNATURE PAGE ON NEXT PAGE]
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
Respectfully submitted,
/s/Niva M. Harney-Hiller
Niva M. Harney-Hiller, Esq.
Florida Bar No. 31058
nharney@hamiltonmillerlaw.com
Anthony C. Halmon, Esq.
Florida Bar No.: 118240
ahalmon@hamiltonmillerlaw.com
HAMILTON, MILLER & BIRTHISEL, LLP
150 Southeast Second Avenue, Suite 1200
Miami, Florida 33131-2332
Telephone: (305) 379-3686
Facsimile: (305) 379-3690
Counsel for Plaza del Prado
Condominium Association, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on November 18, 2021, I electronically filed the
foregoing document with the Clerk of the court using the E-Filing Portal. I also certify
that the foregoing document is being served this day on all counsel of record or pro se
parties identified on the attached Service List by electronic mail.
SERVICE LIST
Robert Dixon, Esq.
Kristopher Torres, Esq.
Law Office of Robert Dixon
5963 Biscayne Boulevard
Miami, Florida 33137
Tel: (305) 917-1111
Fax: (305) 917-1112
Email: litigation@flaccidentattorney.com
natalia@flaccidentattorney.com
Counsel for Plaintiff
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
DEFINITIONS
1. "Document(s)" or "written communication(s)" is used in the broad and
liberal sense and means written, typed, printed, recorded or graphic matter, however
produced or reproduced, of any kind and description, and whether an original,
master, duplicate or copy, including, but not limited to, accounts, advertisements,
agreements, appointment books, bank checks, bills, books, books of account, bulletins,
cablegrams, cancelled checks, cashier's checks, catalogs, charts, check stubs,
communications, computer printouts, contracts, corporate records, correspondence,
desk calendars, diaries, diary entries, drawings, e-mail, graphic records, guarantees,
inter-office communications, intra-office communications, invoices, ledger books,
letters, logs, mailgrams, magazines, manuals, marginal notes (appearing on any
document), memoranda, minutes (e.g., board of directors, committee), models, motion
pictures, notations, notebooks, notes, offers, pamphlets, papers, photographs,
physical objects, plans, printed matter, projections, prospectuses, publications,
receipts, reports, returns, sketches, sound recordings (including, by way of example,
any type of personal or telephone conversation, meeting or conference) specifications,
statements, statistics, studies, summaries, surveys, tape recordings, tapes,
telegrams, telefaxes, teletypes, transcriptions (including, by way of example, any type
of personal or telephone conversation, meeting or conference), transcripts, video
tapes, vouchers, warranties, working papers, worksheets; and all amendments,
changes, drafts, modifications of any of the foregoing, of which you have knowledge
or which are now or were formerly in your actual or constructive possession, custody
or control. The responses concerning documents requested shall include information
regarding whether such document is an original, a duplicate, or a copy thereof.
2. "Concern," "concerning," "evidencing," "regarding," "reflecting," "relates,"
or "relates to" shall mean relating to, referring to, connected with, commenting on,
responding to, containing, evidencing, showing, memorializing, describing,
analyzing, comprising, or constituting.
3. "You" and "your" shall refer to and include your agents, attorneys,
experts, investigators, representatives and all others, whether past or present, who
have obtained information for or on behalf of you.
4. If a corporation, "you" and "your" shall refer to and include any of your
affiliates and subsidiaries, agents, associates, attorneys, directors, employees,
experts, independent contractors, representatives, servants, and all others, whether
past or present, who have obtained information for or on behalf of the corporation.
5. The words "and" and "or" shall be construed conjunctively and
disjunctively as necessary to make the request inclusive rather than exclusive.
6. "Identify," or "state the identity of":
(a) When used in reference to a natural person means to please state:
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
(1) His/her full name;
(2) Present or last known business and residence address;
(3) His/her present or last known occupation and position;
(4) His/her present or last known employer or business
affiliation;
(5) His/her occupation or position at the time in question specified
in the particular request.
(b) When used in reference to a "document" means to please state:
(1) A description of the type of document (e.g., letter,
memorandum, telegram, etc.);
(2) The identity of the person or persons who authored or
prepared it;
(3) In the case of an agreement or contract, the identity of the
parties' signatory;
(4) The identity of the addressee(s), if any, and the recipient(s) of
the original and a copy thereof;
(5) The title thereof, if any, and a description of the general
nature of its subject matter;
(6) The date of the document, or, if none, the approximate date of
its preparation;
(7) The manner of distribution and publication, if any;
(8) The present location or custodian of the original and each copy
thereof;
(9) The identity of any persons who can identify it;
(10) Whether such documents contained, enclosed, were
attached to or accompanied by any other documents, and if
so, state the identity thereof;
(11) If a privilege is claimed, the specific basis therefore.
(c) In lieu of identifying a particular document when such identification
is requested, a copy of such document may, at your option, be
attached to the response to these requests; provided that any
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
specific information required pursuant to the foregoing definition
which is not fully set forth on the face of such copy of a document
must be separately provided in response to these requests.
7. "Person" shall mean any natural person, firm, corporation, partnership,
joint venture or any other form of business entity.
8. Masculine pronouns shall not connote any particular gender but shall be
taken to mean masculine, feminine or neuter gender, as the case may be.
9. "Date" shall mean the exact day, month, and year, if ascertainable, or, if
not, the best approximation thereof (including relationship to other events).
10. PLAZA DEL PRADO CONDOMINIUM ASSOCIATION, INC., as used
herein, shall refer to “PLAZA”, its affiliates and subsidiaries, agents, associates,
attorneys, directors, employees, experts, independent contractors, representatives,
servants, and all others, whether past or present, who have obtained information for
or on behalf of the corporation.
11. "Incident," as used herein, shall refer to the incident which you allege to
have occurred, as is more fully set forth in your Complaint.
12. "The subject matter of this lawsuit," as used herein, shall refer to all facts
and issues as set forth in your Complaint.
13. "Medical condition," as used herein, shall refer to any condition, including
but not limited to, that for which you are making a claim, regardless of whether it is
a physical illness, disease or injury, mental illness, disease or injury or aggravation
of a preexisting condition.
14. "Physician," as used herein, shall refer to and include doctors, nurses,
other healthcare providers and practitioners of the healing arts.
15. “Plaintiff” refers to MICHELLE LEON.
16. Legal counsel includes Plaintiff’s Counsel, Robert Dixon, Esq.,
Kristpher Torres, Esq., and the partners, associates, paralegals, secretaries, and
other employees of Law Offices of Robert Dixon.
PLAZA’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF,
MICHELLE LEON
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
1. Any and all documentation that is or shows MICHELLE LEON’s income,
including but not limited to, tax returns or similar documents and supporting
data, for the years 2017, 2018, 2019 and 2020 or written authorization to obtain
tax returns from the Internal Revenue Service and/or the appropriate
government agency(ies).
RESPONSE:
2. Medical records, hospital records, therapists' records, counselors' records,
psychologists' records, physicians' records, and evaluations from each
physician or health care professional who has treated you and each health care
facility where MICHELLE LEON, received treatment, examinations or
diagnostic testing for the injuries for which you seek damages in this action.
RESPONSE:
3. Any and all documentation that is or relates to prescriptions and expenses
incurred for medications prescribed by reason of any and all injuries, illness
and/or aggravation, sustained as a result of the accident alleged in the
Complaint.
RESPONSE:
4. Any and all documentation that is or relate to information provided by you or
your agent(s) and/or attorney(s) to PLAZA, its agents and/or employees,
regarding the accident as alleged in paragraphs 9-11 of the Complaint.
RESPONSE:
5. Any and all documentation that is or relates to any expenses incurred by
reason of any and all injuries, illness, and/or aggravation, sustained as a result
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
of the accident alleged in paragraph 7 of the Complaint, for which you are
seeking compensation.
RESPONSE:
6. Any and all written or recorded statements of PLAZA, its agents,
representatives and/or employees, concerning the accident alleged in the
Complaint.
RESPONSE:
7. A copy of MICHELLE LEON’s social security card or similar national identity
card.
RESPONSE:
8. A copy of MICHELLE LEON’s driver’s license.
RESPONSE:
9. Any and all films of X-rays, MRIs, CAT Scans, and other diagnostics tests and
evaluations of MICHELLE LEON that were provided on you by any of the
treating or examining healthcare providers relative to the injuries and/or
illness alleged in the Complaint.
RESPONSE:
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
10. Any and all documentation that is or relates to information as to the location
or identity of any witnesses to the accident, injuries, illness or aggravation
alleged in the Complaint.
RESPONSE:
11. Any and all medical records, hospital records, physicians’ records and
evaluations and any other medical records or evaluations relative to any and all
medical care or treatment, physical or psychological, received by MICHELLE
LEON, in the ten (10) years prior to the date of the incident as alleged in the
Complaint.
RESPONSE:
12. Any and all medical reports from any hospitals, doctors, physicians, or
practitioners of the healing arts regarding the injuries, illnesses or
aggravations sustained by MICHELLE LEON, alleged in the Complaint.
RESPONSE:
13. All notes, diaries, or other records maintained by or originating from you
concerning any aspect of the incident, illness, injuries or aggravation alleged
in the Complaint or any witnesses thereto.
RESPONSE:
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
14. Any and all documentation that is or relates to information received by you or
your agents, from PLAZA, its agents, representatives and/or employees, before,
during, or after the accident as alleged in the Complaint.
RESPONSE:
15. Any and all documentation that is or relates to information provided by you or
your agent(s) and/or attorney(s) to PLAZA, its agents and/or employees,
regarding the accident as alleged in the Complaint.
RESPONSE:
16. A copy of any and all identification cards for healthcare insurance which
covered MICHELLE LEON and were in effect from the date of the alleged
accident until the present.
RESPONSE:
17. Duplicate original photographs and/or videotape, including but not limited to
any copies of video surveillance of the subject incident, of MICHELLE LEON,
depicting the injuries, illness and/or aggravation thereof, sustained in the
accident alleged in the Complaint.
RESPONSE:
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
18. If you responded affirmatively to Interrogatory 4(c), please provide said
photographs.
RESPONSE:
19. Duplicate original photographs and/or videotape, including but not limited to
any copies of video surveillance of subject incident, depicting the location of the
accident described in the Complaint.
RESPONSE:
20. Duplicate original photographs of the footwear Plaintiff had on, on the day of
the alleged incident.
RESPONSE:
21. Produce the original footwear (i.e. shoes, sandals, flip flops, etc.) Plaintiff was
wearing at the time of the alleged incident. **Demand is hereby made that
the footwear be preserved throughout the course of this litigation.
RESPONSE:
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
22. For each social/professional networking account Plaintiff is registered with
currently (including but not limited to Facebook1, Twitter, Instagram,
MySpace, LinkedIn, Snapchat, Meetup.com, etc.), please produce your account
data (all postings including status, photo, and/or video) for the period of
November 10, 2020, through present. **PLEASE NOTE: Defendants hereby
demand that all information maintained/posted on Plaintiff’s
social/professional networking account(s) be preserved and maintained as
evidence for production in this case. In the event you have any other evidence
related to this accident and/or Plaintiff’s physical condition, maintain the same
until the conclusion of this case. Do not discard, destroy or change information
posted on social media/professional networking accounts in any way.
RESPONSE:
23. For each social/professional networking account Plaintiff is registered with
currently (including but not limited to Facebook, Instagram, Twitter,
MySpace, LinkedIn, Snapchat, TikTik, Meetup.com, MyLife, etc.), please
provide copies or screenshots of all headlines, summaries, biographies, posts,
comments, replies, photographs, videos, status updates, moods, tagged
photographs, tagged posts, shared posts, liked posts, page likes, group likes,
messages, or any other action taken by her on such platforms, regarding the
subject incident, any named party or relative thereof, the allegations in the
operative complaint, and her alleged injuries and damages during the two (2)
years prior to the date of loss through the present. Demand is hereby made
that all social media account content and data be preserved throughout the
course of this litigation. DO NOT DELETE OR OTHERWISE DESTORY
INFORMATION POSTED ON ANY SOCIAL MEDIA/PROFESSIONAL
NETWORKING WEBSITES. See Davenport v. State Farm Mut. Auto. Ins. Co.,
No. 3:11-CV-632-J-JBT, 2012 WL 555759, at *1 (M.D. Fla. Feb. 21, 2012);
Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th DCA 2015).
1 You may download and print your Facebook data by logging onto your Facebook account, selecting
“Settings” under the Account tab (downward facing arrow in upper right corner) on your homepage,
clicking “Download a copy of your Facebook data” link, and following the directions on the “Download
Your Information” page by clicking “Start My Archive”.
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
RESPONSE:
24. For each cellular telephone used by the Plaintiff and/ or registered in the
Plaintiff's name (this includes all numbers registered to and/or used by the
Plaintiff under a “family plan” or similar service) at the time of loss and
currently, please provide copies or screenshots of all photographs/videos
associated with that account during the two years prior to the date of loss.
Demand is hereby made that they be preserved throughout the course of this
litigation. See Davenport v. State Farm Mut. Auto. Ins. Co., No. 3:11-CV-632-
J-JBT, 2012 WL 555759, at *1 (M.D. Fla. Feb. 21, 2012); Nucci v. Target Corp.,
162 So.3d 146 (Fla. 4th DCA 2015).
RESPONSE:
25. For each cellular phone used by the Plaintiff and/ or registered in the Plaintiff's
name (this includes all numbers registered to and/or used by the Plaintiff
under a “family plan” or similar service) at the time of loss and currently,
please provide copies or screenshots of all photographs/videos associated with
that account from the date of loss to present. Demand is hereby made that they
be preserved throughout the course of this litigation. See Davenport v. State
Farm Mut. Auto. Ins. Co., No. 3:11-CV-632-J-JBT, 2012 WL 555759, at *1
(M.D. Fla. Feb. 21, 2012); Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th DCA
2015).
RESPONSE:
26. For each cellular phone used by the Plaintiff and/ or registered in the Plaintiff's
name (this includes all numbers registered to and/or used by the Plaintiff
under a “family plan” or similar service) at the time of loss and currently,
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2021-023142-CA-01
please provide copies of any documentation outlining what calls were made or
received on the date of loss. See Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th
DCA 2015).
RESPONSE:
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131
TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
Preview
Filing # 138784568 E-Filed 11/18/2021 10:52:55 AM IN THE CIRCUIT COURT OR THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2021-023142-CA-01 MICHELLE LEON, Plaintiff, vs. PLAZA DEL PRADO CONDOMINIUM ASSOCIATION, INC., a Florida Not for Profit Corporation, Defendant. _________________________________/ DEFENDANT PLAZA DEL PRADO CONDOMINUM ASSOCIATION, INC.’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, PLAZA DEL PRADO CONDOMINIUM ASSOCIATION, INC., (“PLAZA”), by and through undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure hereby propounds its First Request for Production to Plaintiff, MICHELLE LEON. [CERTIFICATE OF SERVICE AND SIGNATURE PAGE ON NEXT PAGE] 1 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 Respectfully submitted, /s/Niva M. Harney-Hiller Niva M. Harney-Hiller, Esq. Florida Bar No. 31058 nharney@hamiltonmillerlaw.com Anthony C. Halmon, Esq. Florida Bar No.: 118240 ahalmon@hamiltonmillerlaw.com HAMILTON, MILLER & BIRTHISEL, LLP 150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131-2332 Telephone: (305) 379-3686 Facsimile: (305) 379-3690 Counsel for Plaza del Prado Condominium Association, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 18, 2021, I electronically filed the foregoing document with the Clerk of the court using the E-Filing Portal. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List by electronic mail. SERVICE LIST Robert Dixon, Esq. Kristopher Torres, Esq. Law Office of Robert Dixon 5963 Biscayne Boulevard Miami, Florida 33137 Tel: (305) 917-1111 Fax: (305) 917-1112 Email: litigation@flaccidentattorney.com natalia@flaccidentattorney.com Counsel for Plaintiff 2 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 DEFINITIONS 1. "Document(s)" or "written communication(s)" is used in the broad and liberal sense and means written, typed, printed, recorded or graphic matter, however produced or reproduced, of any kind and description, and whether an original, master, duplicate or copy, including, but not limited to, accounts, advertisements, agreements, appointment books, bank checks, bills, books, books of account, bulletins, cablegrams, cancelled checks, cashier's checks, catalogs, charts, check stubs, communications, computer printouts, contracts, corporate records, correspondence, desk calendars, diaries, diary entries, drawings, e-mail, graphic records, guarantees, inter-office communications, intra-office communications, invoices, ledger books, letters, logs, mailgrams, magazines, manuals, marginal notes (appearing on any document), memoranda, minutes (e.g., board of directors, committee), models, motion pictures, notations, notebooks, notes, offers, pamphlets, papers, photographs, physical objects, plans, printed matter, projections, prospectuses, publications, receipts, reports, returns, sketches, sound recordings (including, by way of example, any type of personal or telephone conversation, meeting or conference) specifications, statements, statistics, studies, summaries, surveys, tape recordings, tapes, telegrams, telefaxes, teletypes, transcriptions (including, by way of example, any type of personal or telephone conversation, meeting or conference), transcripts, video tapes, vouchers, warranties, working papers, worksheets; and all amendments, changes, drafts, modifications of any of the foregoing, of which you have knowledge or which are now or were formerly in your actual or constructive possession, custody or control. The responses concerning documents requested shall include information regarding whether such document is an original, a duplicate, or a copy thereof. 2. "Concern," "concerning," "evidencing," "regarding," "reflecting," "relates," or "relates to" shall mean relating to, referring to, connected with, commenting on, responding to, containing, evidencing, showing, memorializing, describing, analyzing, comprising, or constituting. 3. "You" and "your" shall refer to and include your agents, attorneys, experts, investigators, representatives and all others, whether past or present, who have obtained information for or on behalf of you. 4. If a corporation, "you" and "your" shall refer to and include any of your affiliates and subsidiaries, agents, associates, attorneys, directors, employees, experts, independent contractors, representatives, servants, and all others, whether past or present, who have obtained information for or on behalf of the corporation. 5. The words "and" and "or" shall be construed conjunctively and disjunctively as necessary to make the request inclusive rather than exclusive. 6. "Identify," or "state the identity of": (a) When used in reference to a natural person means to please state: 3 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 (1) His/her full name; (2) Present or last known business and residence address; (3) His/her present or last known occupation and position; (4) His/her present or last known employer or business affiliation; (5) His/her occupation or position at the time in question specified in the particular request. (b) When used in reference to a "document" means to please state: (1) A description of the type of document (e.g., letter, memorandum, telegram, etc.); (2) The identity of the person or persons who authored or prepared it; (3) In the case of an agreement or contract, the identity of the parties' signatory; (4) The identity of the addressee(s), if any, and the recipient(s) of the original and a copy thereof; (5) The title thereof, if any, and a description of the general nature of its subject matter; (6) The date of the document, or, if none, the approximate date of its preparation; (7) The manner of distribution and publication, if any; (8) The present location or custodian of the original and each copy thereof; (9) The identity of any persons who can identify it; (10) Whether such documents contained, enclosed, were attached to or accompanied by any other documents, and if so, state the identity thereof; (11) If a privilege is claimed, the specific basis therefore. (c) In lieu of identifying a particular document when such identification is requested, a copy of such document may, at your option, be attached to the response to these requests; provided that any 4 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 specific information required pursuant to the foregoing definition which is not fully set forth on the face of such copy of a document must be separately provided in response to these requests. 7. "Person" shall mean any natural person, firm, corporation, partnership, joint venture or any other form of business entity. 8. Masculine pronouns shall not connote any particular gender but shall be taken to mean masculine, feminine or neuter gender, as the case may be. 9. "Date" shall mean the exact day, month, and year, if ascertainable, or, if not, the best approximation thereof (including relationship to other events). 10. PLAZA DEL PRADO CONDOMINIUM ASSOCIATION, INC., as used herein, shall refer to “PLAZA”, its affiliates and subsidiaries, agents, associates, attorneys, directors, employees, experts, independent contractors, representatives, servants, and all others, whether past or present, who have obtained information for or on behalf of the corporation. 11. "Incident," as used herein, shall refer to the incident which you allege to have occurred, as is more fully set forth in your Complaint. 12. "The subject matter of this lawsuit," as used herein, shall refer to all facts and issues as set forth in your Complaint. 13. "Medical condition," as used herein, shall refer to any condition, including but not limited to, that for which you are making a claim, regardless of whether it is a physical illness, disease or injury, mental illness, disease or injury or aggravation of a preexisting condition. 14. "Physician," as used herein, shall refer to and include doctors, nurses, other healthcare providers and practitioners of the healing arts. 15. “Plaintiff” refers to MICHELLE LEON. 16. Legal counsel includes Plaintiff’s Counsel, Robert Dixon, Esq., Kristpher Torres, Esq., and the partners, associates, paralegals, secretaries, and other employees of Law Offices of Robert Dixon. PLAZA’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF, MICHELLE LEON 5 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 1. Any and all documentation that is or shows MICHELLE LEON’s income, including but not limited to, tax returns or similar documents and supporting data, for the years 2017, 2018, 2019 and 2020 or written authorization to obtain tax returns from the Internal Revenue Service and/or the appropriate government agency(ies). RESPONSE: 2. Medical records, hospital records, therapists' records, counselors' records, psychologists' records, physicians' records, and evaluations from each physician or health care professional who has treated you and each health care facility where MICHELLE LEON, received treatment, examinations or diagnostic testing for the injuries for which you seek damages in this action. RESPONSE: 3. Any and all documentation that is or relates to prescriptions and expenses incurred for medications prescribed by reason of any and all injuries, illness and/or aggravation, sustained as a result of the accident alleged in the Complaint. RESPONSE: 4. Any and all documentation that is or relate to information provided by you or your agent(s) and/or attorney(s) to PLAZA, its agents and/or employees, regarding the accident as alleged in paragraphs 9-11 of the Complaint. RESPONSE: 5. Any and all documentation that is or relates to any expenses incurred by reason of any and all injuries, illness, and/or aggravation, sustained as a result 6 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 of the accident alleged in paragraph 7 of the Complaint, for which you are seeking compensation. RESPONSE: 6. Any and all written or recorded statements of PLAZA, its agents, representatives and/or employees, concerning the accident alleged in the Complaint. RESPONSE: 7. A copy of MICHELLE LEON’s social security card or similar national identity card. RESPONSE: 8. A copy of MICHELLE LEON’s driver’s license. RESPONSE: 9. Any and all films of X-rays, MRIs, CAT Scans, and other diagnostics tests and evaluations of MICHELLE LEON that were provided on you by any of the treating or examining healthcare providers relative to the injuries and/or illness alleged in the Complaint. RESPONSE: 7 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 10. Any and all documentation that is or relates to information as to the location or identity of any witnesses to the accident, injuries, illness or aggravation alleged in the Complaint. RESPONSE: 11. Any and all medical records, hospital records, physicians’ records and evaluations and any other medical records or evaluations relative to any and all medical care or treatment, physical or psychological, received by MICHELLE LEON, in the ten (10) years prior to the date of the incident as alleged in the Complaint. RESPONSE: 12. Any and all medical reports from any hospitals, doctors, physicians, or practitioners of the healing arts regarding the injuries, illnesses or aggravations sustained by MICHELLE LEON, alleged in the Complaint. RESPONSE: 13. All notes, diaries, or other records maintained by or originating from you concerning any aspect of the incident, illness, injuries or aggravation alleged in the Complaint or any witnesses thereto. RESPONSE: 8 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 14. Any and all documentation that is or relates to information received by you or your agents, from PLAZA, its agents, representatives and/or employees, before, during, or after the accident as alleged in the Complaint. RESPONSE: 15. Any and all documentation that is or relates to information provided by you or your agent(s) and/or attorney(s) to PLAZA, its agents and/or employees, regarding the accident as alleged in the Complaint. RESPONSE: 16. A copy of any and all identification cards for healthcare insurance which covered MICHELLE LEON and were in effect from the date of the alleged accident until the present. RESPONSE: 17. Duplicate original photographs and/or videotape, including but not limited to any copies of video surveillance of the subject incident, of MICHELLE LEON, depicting the injuries, illness and/or aggravation thereof, sustained in the accident alleged in the Complaint. RESPONSE: 9 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 18. If you responded affirmatively to Interrogatory 4(c), please provide said photographs. RESPONSE: 19. Duplicate original photographs and/or videotape, including but not limited to any copies of video surveillance of subject incident, depicting the location of the accident described in the Complaint. RESPONSE: 20. Duplicate original photographs of the footwear Plaintiff had on, on the day of the alleged incident. RESPONSE: 21. Produce the original footwear (i.e. shoes, sandals, flip flops, etc.) Plaintiff was wearing at the time of the alleged incident. **Demand is hereby made that the footwear be preserved throughout the course of this litigation. RESPONSE: 10 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 22. For each social/professional networking account Plaintiff is registered with currently (including but not limited to Facebook1, Twitter, Instagram, MySpace, LinkedIn, Snapchat, Meetup.com, etc.), please produce your account data (all postings including status, photo, and/or video) for the period of November 10, 2020, through present. **PLEASE NOTE: Defendants hereby demand that all information maintained/posted on Plaintiff’s social/professional networking account(s) be preserved and maintained as evidence for production in this case. In the event you have any other evidence related to this accident and/or Plaintiff’s physical condition, maintain the same until the conclusion of this case. Do not discard, destroy or change information posted on social media/professional networking accounts in any way. RESPONSE: 23. For each social/professional networking account Plaintiff is registered with currently (including but not limited to Facebook, Instagram, Twitter, MySpace, LinkedIn, Snapchat, TikTik, Meetup.com, MyLife, etc.), please provide copies or screenshots of all headlines, summaries, biographies, posts, comments, replies, photographs, videos, status updates, moods, tagged photographs, tagged posts, shared posts, liked posts, page likes, group likes, messages, or any other action taken by her on such platforms, regarding the subject incident, any named party or relative thereof, the allegations in the operative complaint, and her alleged injuries and damages during the two (2) years prior to the date of loss through the present. Demand is hereby made that all social media account content and data be preserved throughout the course of this litigation. DO NOT DELETE OR OTHERWISE DESTORY INFORMATION POSTED ON ANY SOCIAL MEDIA/PROFESSIONAL NETWORKING WEBSITES. See Davenport v. State Farm Mut. Auto. Ins. Co., No. 3:11-CV-632-J-JBT, 2012 WL 555759, at *1 (M.D. Fla. Feb. 21, 2012); Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th DCA 2015). 1 You may download and print your Facebook data by logging onto your Facebook account, selecting “Settings” under the Account tab (downward facing arrow in upper right corner) on your homepage, clicking “Download a copy of your Facebook data” link, and following the directions on the “Download Your Information” page by clicking “Start My Archive”. 11 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 RESPONSE: 24. For each cellular telephone used by the Plaintiff and/ or registered in the Plaintiff's name (this includes all numbers registered to and/or used by the Plaintiff under a “family plan” or similar service) at the time of loss and currently, please provide copies or screenshots of all photographs/videos associated with that account during the two years prior to the date of loss. Demand is hereby made that they be preserved throughout the course of this litigation. See Davenport v. State Farm Mut. Auto. Ins. Co., No. 3:11-CV-632- J-JBT, 2012 WL 555759, at *1 (M.D. Fla. Feb. 21, 2012); Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th DCA 2015). RESPONSE: 25. For each cellular phone used by the Plaintiff and/ or registered in the Plaintiff's name (this includes all numbers registered to and/or used by the Plaintiff under a “family plan” or similar service) at the time of loss and currently, please provide copies or screenshots of all photographs/videos associated with that account from the date of loss to present. Demand is hereby made that they be preserved throughout the course of this litigation. See Davenport v. State Farm Mut. Auto. Ins. Co., No. 3:11-CV-632-J-JBT, 2012 WL 555759, at *1 (M.D. Fla. Feb. 21, 2012); Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th DCA 2015). RESPONSE: 26. For each cellular phone used by the Plaintiff and/ or registered in the Plaintiff's name (this includes all numbers registered to and/or used by the Plaintiff under a “family plan” or similar service) at the time of loss and currently, 12 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2021-023142-CA-01 please provide copies of any documentation outlining what calls were made or received on the date of loss. See Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th DCA 2015). RESPONSE: 13 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690