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Filing # 157858976 E-Filed 09/21/2022 01:06:14 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR MARION COUNTY, FLORIDA
CASE NO.:
CIVIL DIV:
MICHAEL COLLINS, an individual,
Plaintiff,
v.
JOVAN ALEXIE SOSTRE and
SMYRNA READY MIX CONCRETE, LLC
a/k/a SRM CONCRETE, a foreign
limited liability company, licensed to
do business in the State of Florida,
Defendant.
/
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
JOVAN ALEXIE SOSTRE
COMES NOW the Plaintiff, MICHAEL COLLINS (“Plaintiff”), by and through the undersigned
attorney, and pursuant to Fla. R. Civ. P. 1.350, requests the Defendant, JOVAN ALEXIE SOSTRE
(“Defendant”), to produce the following for inspection and/or copying within forty-five (45) days
from the date of service of this Request at the offices of the undersigned:
DEFINITIONS
1. The terms “you” and “your” mean and include the Defendant to whom this Request
for Production (“RFP”) is propounded, your agents, affiliates, attorneys and all other
persons or entities subject to your control. The terms also include any business in
which the Defendant has any financial or economic interest and all subsidiaries,
affiliates, agents, officers, directors, and employees of any such business.
2. “Defendant” shall mean JOVAN ALEXIE SOSTRE and/or any agent, consultant, or any
other persons acting for or on behalf of Defendant.
3. “Plaintiff shall mean MICHAEL COLLINS.
4. “Person” or “persons” is defined as any individual, corporation, partnership, joint
venture, firm, association, proprietorship, agency, board, authority, commission or
any other entity.
5. The terms “communicate,” or “communication” shall include every manner or means
of disclosure, transfer, or exchange and every disclosure, transfer or exchange of
Electronically Filed Marion Case # 22CA001968AX 09/21/2022 01:06:14 PMinformation, whether orally or by documents or whether face-to-face or by telephone,
mail, personal delivery or otherwise.
6. The terms “present,” “present date,” or “present time,” mean the date upon which the
response to this RFP is served upon Plaintiff.
7. The terms “relating to” or “referring to” or “pertaining to” or “otherwise constitution
evidence of’ shall mean to consist of refer to reflect or be in any way logically or
factually connected with the matter discussed.
8. The terms “and” and “or” shall be construed either conjunctively or disjunctively to
bring within the scope of this RFP any information which might otherwise be
construed to be outside its scope.
9. The terms “car crash,” “car accident,” “subject accident,” or “subject incident” shall
mean the automobile accident involving Plaintiff and Defendant, which is the subject
of Plaintiff's Complaint.
10. The terms “identify” or “identification” when used in reference to an individual
person mean to state his or her full name and present or last known address,
including street name and number, city or town, state or country, and telephone
number, and his or her present or last known position and business affiliation.
“Identify” or “identification” when used in reference to a corporation or business
entity, means to state its full name and state of domicile, its principle office address
and name and address of its registered agent and chief executive officer. “Identify” or
“identification” when used in reference to a document means to state the date and
author, type of document (e.g., letter, memorandum, telegram, chart, etc.), and its
present location and custodian. If any such document was but is no longer in your
possession or subject to your control, state what disposition was made of it.
11. The terms “document” and “documents” mean the original and any copy of any
bearing or containing writing, without limitation, emails (whether printed or not),
text messages, memorandum, phone messages, draft minutes or agendas,
memorandum for file, pencil jotting, diary entries, desk calendar entries, reported
recollections and any other form of written notations of events or intentions, or
correspondence of any nature, agreements, contracts, and printed matter of every
kind and description; electronic data stored on a computer hard disk or other
memory card, photographs, videotapes, motion pictures, drawings, sketches,
diagrams, plats and drawings; notes and records of any oral communications,
transcripts and recordings of conversations and telephone calls (tape, disc or other)
of oral communications and/or any information electronically stored information
(“ESI”) in computers or other data storage or processing equipment to the extent that
the same are or were in the possession, custody or control of Defendant, or any other
employees or agents, or are known by Defendant, or any employees or agents, to exist
or have existed acting on Defendant’s behalf.
12. The term “Defendant Driver” means the person driving the vehicle involved in the car
accident which is the subject of this litigation.
13. Unless words or terms have been given a specific definition herein, each word or term
used herein shall be given its usual and customary dictionary definition except where
such word or term hasa specific custom or usage definition, in which event such word
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definition.
INSTRUCTIONS
1. It is requested that the Defendant supplement responses called for herein, from time
to time, whenever the Defendant becomes aware of any information or documents
which fall within the scope of this RFP and which would have been produced or
supplied by, or to, Defendant, if Defendant had been aware of such information or
documents at the time of the preparation of the initial response hereto.
2. In responding to this RFP, Defendant is requested to consult all sources of information
available to Defendant, including documents in the possession of its/his/her
attorneys, accountants, advisors, or other persons directly or indirectly employed by
or connected with the Defendant or its/his/her attorneys.
3. In responding to this RFP, Defendant must make diligent search of its/his/her records
and other papers and materials in its/his/her possession or available to its/his/her
representatives.
4. In responding to this RFP, Defendant is required to furnish all documentation and/or
information within Defendant’s custody, control or possession. If the documents
and/or information is not within Defendant's possession, but is within Defendant’s
control, in the sense that the documents and/or information is known by an entity or
person who has business relationships or contractual relationships with the
Defendant or with any other entity or person with whom the Defendant normally
deals with, then Defendant is required, in connection with this RFP, to make
reasonable efforts to obtain said documents and/or information and include such
documents and/or information in Defendant's response.
5. If Defendant claims a privilege as to any item of information or any document
requested by this RFP, Defendant is requested to identify the privilege claimed, by
creating a Privilege Log and describe in detail the general nature and topic of the
information or document that is purported to be privileged, as required by Fla.R.Civ.P.
1.280.
DOCUMENTS REQUESTED
1. Any and all bills and/or estimates of repairs to vehicle and/or damage to the
Plaintiff's and Defendants’ vehicles involved in this accident.
RESPONSE:
2. Any and all statements of the Plaintiff, Plaintiffs agent and employees, revealing
knowledge of facts relevant and material to the claims and defenses in the instant
litigation.
RESPONSE:
3. Any and all photographs, movies, charts, and other documentary evidence of the
scene, parties or the Plaintiff's and Defendant’s vehicles involved or pertaining to the
subject accident, occurrences or issues involved in this cause.
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11.
12.
13.
RESPONSE:
Any and all insurance policies providing benefits or coverage to the Defendant for any
claimed injury or damages from the subject accident or occurrence.
RESPONSE:
Any transcript from traffic Court or any other court involving the subject matter or
the instant litigation and/or the present name, address and telephone number of the
Court reporter present at said Court.
RESPONSE:
Any and all photographs and/or movies of the PLAINTIFF resulting from surveillance
and/or investigation of the PLAINTIFF.
RESPONSE:
Any and all reports prepared by or for the Defendant pertaining to the incident which
is the subject of this lawsuit.
RESPONSE:
Any and all names, addresses of any witnesses that have given a statement to the
Defendants, employees or agents of the Defendants pertaining to any of the issues of
this lawsuit.
RESPONSE:
A photocopy of both sides of the Defendant's drivers licenses.
RESPONSE:
A complete copy of the title and registration of the vehicles owned by the Defendant
involved in the incident which is the subject of this lawsuit.
RESPONSE:
Any and all statements which the Defendant intends to place into evidence or use at
trial.
RESPONSE:
If any doctors are being called as an expert witness in this case, please list each case
in which the doctor has testified, either by trial or deposition within the past 36
months.
RESPONSE:
Please state the names and addresses of all witnesses you intend to call at the trial of
this case.
RESPONSE:
Page 4 of 5 P] RTP to DF Sostre14. Any and all exhibits you plan to use at the trial of this case.
RESPONSE:
15. A complete copy of the cell phone bill covering the period of the date of accident.
RESPONSE:
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has e-filed though
the Florida E-Portal System on this 21st day of September 2021.
fs/ Maria P. Youngblood
MARIA P. YOUNGBLOOD/FL Bar No. 77567
Email: myoungblood@meldonlaw.com
CAREY W. MELDON/FL Bar No. 0018494
Email: cmeldon@meldonlaw.com
btingle@meldonlaw.com (Assistant)
MELDON LAW
703 N. Main Street, Suite A
Gainesville, FL 32601
Tele: 352.373.8000/Fax: 352.373.8400
cburke@meldonlaw.com (Paralegal)
fstory@melidonlaw.com (Legal Assistant)
insmiché 77: Oj ine
collinsmichae]z8877823@projects. filevine.com
scheduling@meldonlaw.com (For Scheduling only)
Counsel for Plaintiff
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