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Filing # 147015433 E-Filed 04/04/2022 04:42:42 PM
IN THE CIRCUIT COURT OF THE
11th JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
ARBOUR TOWNHOUSE CONDOMINIUM
ASSOCIATION, INC., a Florida corporation, GENERAL JURISDICTION DIVISION
Plaintiff, CASE NO.: 21-015633 CA 08
v.
AMERICAN COASTAL INSURANCE
COMPANY, a Florida corporation,
Defendant.
/
ARBOUR TOWNHOUSE CONDOMINIUM ASSOCIATION, INC.’S THIRD
RE-NOTICE OF TAKING DEPOSITION DUCES TECUM1 OF CORPORATE
REPRESENTATIVE PURSUANT TO FLA. R. CIV. P. 1.310(b)(6)
Please take notice that at the time, place and date specified below before an officer who is
authorized to take depositions in the State of Florida, Plaintiff, Arbour Townhouse Condominium
Association, Inc., will take the deposition of the following person(s):
DATE AND
NAME PLACE
TIME
Corporate Representative of Phipps Reporting
American Coastal Insurance Thursday Via Zoom
Company who can testify as to the April 28, 2022 (Zoom link will be provided at a
topics and subjects listed in the at 1:00 p.m.2 time before the deposition is set
Schedule “A” to occur).
Said deposition will be taken upon oral examination before a Notary Public in and for the
State of Florida, or any other officer duly authorized to administer oaths by the laws in the State
1
Please bring all documents necessary to respond to all areas of inquiry listed in the Schedule “A”
below. Arbour Townhouse is not requesting actual production of the documents. Instead,
Arbour Townhouse requests that Defendant’s corporate representative bring all documents
necessary to answer all questions related to the areas of inquiry listed in the Schedule “A.”
2
Date and time coordinated with Defendant’s counsel on April 4, 2022.
RUIZ | GETMAN LAW, PLLC
CASE NO.: 21-015633 CA 08
of Florida. The deposition will continue from hour to hour and from day to day until completed.
The deposition is being taken for the purpose of discovery, for use at trial, or both of the foregoing,
or for such other purposes as are permitted under the applicable and governing rules, and to have
with you at said time and place the documents contained in the Schedule “A” attached hereto.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this 4th day of April 2022, a true and correct copy of
this document is being served on Jeremy M. Mishali, Esq. at: jwank@kelleykronenberg.com;
jmishali@kelleykronenberg.com and glamchick@kelleykronenberg.com from Kelley Kronenberg
10360 West State Road 84, Fort Lauderdale, Florida 33324.
Respectfully submitted,
/s/ Amy E. Ruiz
Amy E. Ruiz, FBN: 99129
ARuiz@RuizGetmanLaw.com
Steven J. Getman, FBN: 67198
SGetman@RuizGetmanLaw.com
Ruiz | Getman Law, PLLC
6800 SW 40th Street, #394
Miami, Florida 33155
Telephone: 305.978.6311
Facsimile: 305.397.2760
Attorneys for Plaintiff, Arbour Townhouse
Condominium Association, Inc.
“If you are a person with a disability who needs any accommodation to
participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the Miami-Dade County Court's
ADA Coordinator at Lawson E. Thomas Courthouse Center, 175 N.W. 1st Ave.,
Suite 2702, Miami, FL 33128, telephone numbers (305) 349-7175 for voice or
(305) 349-7174 for TDD and 349-7355 for fax, within two working days of your
receipt of this document. If you are hearing or voice impaired, please call 711
for the Florida Relay Service.”
-2-
RUIZ | GETMAN LAW, PLLC
CASE NO.: 21-015633 CA 08
SCHEDULE “A”
1. Identify by full name and company title all those persons who participated in making the
decisions by or on behalf of Defendant in determining the value of Arbour Townhouse
Condominium Association, Inc.’s damages (if any) and determining who will inspect
Arbour Townhouse Condominium Association, Inc.’s property for the subject claim.
2. All facts and circumstances regarding Defendant’s investigation and valuation of Arbour
Townhouse Condominium Association, Inc.’s claim.
3. The full name of all individuals and companies who were retained by Defendant to inspect
the property in connection with the subject claim, including the qualifications of those who
inspected the property on behalf of Defendant or at Defendant’s request.
4. Factual bases and all policy language upon which Defendant’s Answer is based, including
all denials and affirmative defenses raised by Defendant in this cause.
5. Defendant’s responses to Arbour Townhouse Condominium Association, Inc.’s discovery
requests and all facts and policy language which support Defendant’s responses to Arbour
Townhouse Condominium Association, Inc.’s discovery requests.
6. All photographs taken by Defendant and/or Defendant’s agent(s) for the subject claim.
7. All correspondence and documents exchanged between Defendant and Arbour Townhouse
Condominium Association, Inc. (including its representatives) relating to the subject claim.
-3-
RUIZ | GETMAN LAW, PLLC
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Filing # 147015433 E-Filed 04/04/2022 04:42:42 PM IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ARBOUR TOWNHOUSE CONDOMINIUM ASSOCIATION, INC., a Florida corporation, GENERAL JURISDICTION DIVISION Plaintiff, CASE NO.: 21-015633 CA 08 v. AMERICAN COASTAL INSURANCE COMPANY, a Florida corporation, Defendant. / ARBOUR TOWNHOUSE CONDOMINIUM ASSOCIATION, INC.’S THIRD RE-NOTICE OF TAKING DEPOSITION DUCES TECUM1 OF CORPORATE REPRESENTATIVE PURSUANT TO FLA. R. CIV. P. 1.310(b)(6) Please take notice that at the time, place and date specified below before an officer who is authorized to take depositions in the State of Florida, Plaintiff, Arbour Townhouse Condominium Association, Inc., will take the deposition of the following person(s): DATE AND NAME PLACE TIME Corporate Representative of Phipps Reporting American Coastal Insurance Thursday Via Zoom Company who can testify as to the April 28, 2022 (Zoom link will be provided at a topics and subjects listed in the at 1:00 p.m.2 time before the deposition is set Schedule “A” to occur). Said deposition will be taken upon oral examination before a Notary Public in and for the State of Florida, or any other officer duly authorized to administer oaths by the laws in the State 1 Please bring all documents necessary to respond to all areas of inquiry listed in the Schedule “A” below. Arbour Townhouse is not requesting actual production of the documents. Instead, Arbour Townhouse requests that Defendant’s corporate representative bring all documents necessary to answer all questions related to the areas of inquiry listed in the Schedule “A.” 2 Date and time coordinated with Defendant’s counsel on April 4, 2022. RUIZ | GETMAN LAW, PLLC CASE NO.: 21-015633 CA 08 of Florida. The deposition will continue from hour to hour and from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or both of the foregoing, or for such other purposes as are permitted under the applicable and governing rules, and to have with you at said time and place the documents contained in the Schedule “A” attached hereto. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this 4th day of April 2022, a true and correct copy of this document is being served on Jeremy M. Mishali, Esq. at: jwank@kelleykronenberg.com; jmishali@kelleykronenberg.com and glamchick@kelleykronenberg.com from Kelley Kronenberg 10360 West State Road 84, Fort Lauderdale, Florida 33324. Respectfully submitted, /s/ Amy E. Ruiz Amy E. Ruiz, FBN: 99129 ARuiz@RuizGetmanLaw.com Steven J. Getman, FBN: 67198 SGetman@RuizGetmanLaw.com Ruiz | Getman Law, PLLC 6800 SW 40th Street, #394 Miami, Florida 33155 Telephone: 305.978.6311 Facsimile: 305.397.2760 Attorneys for Plaintiff, Arbour Townhouse Condominium Association, Inc. “If you are a person with a disability who needs any accommodation to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Miami-Dade County Court's ADA Coordinator at Lawson E. Thomas Courthouse Center, 175 N.W. 1st Ave., Suite 2702, Miami, FL 33128, telephone numbers (305) 349-7175 for voice or (305) 349-7174 for TDD and 349-7355 for fax, within two working days of your receipt of this document. If you are hearing or voice impaired, please call 711 for the Florida Relay Service.” -2- RUIZ | GETMAN LAW, PLLC CASE NO.: 21-015633 CA 08 SCHEDULE “A” 1. Identify by full name and company title all those persons who participated in making the decisions by or on behalf of Defendant in determining the value of Arbour Townhouse Condominium Association, Inc.’s damages (if any) and determining who will inspect Arbour Townhouse Condominium Association, Inc.’s property for the subject claim. 2. All facts and circumstances regarding Defendant’s investigation and valuation of Arbour Townhouse Condominium Association, Inc.’s claim. 3. The full name of all individuals and companies who were retained by Defendant to inspect the property in connection with the subject claim, including the qualifications of those who inspected the property on behalf of Defendant or at Defendant’s request. 4. Factual bases and all policy language upon which Defendant’s Answer is based, including all denials and affirmative defenses raised by Defendant in this cause. 5. Defendant’s responses to Arbour Townhouse Condominium Association, Inc.’s discovery requests and all facts and policy language which support Defendant’s responses to Arbour Townhouse Condominium Association, Inc.’s discovery requests. 6. All photographs taken by Defendant and/or Defendant’s agent(s) for the subject claim. 7. All correspondence and documents exchanged between Defendant and Arbour Townhouse Condominium Association, Inc. (including its representatives) relating to the subject claim. -3- RUIZ | GETMAN LAW, PLLC