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Filing # 103961200 E-Filed 02/26/2020 03:44:24 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
SFR SERVICES L.L.C., Case No.: 2019-CA-2012
Plaintiff,
v.
CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S MOTION TO COMPEL
DISCOVERY RESPONSES AND FOR SANCTIONS
Plaintiff, SFR SERVICES L.L.C. (“Plaintiff”), by and through the undersigned counsel,
hereby files this Motion to Compel Discovery Responses from Defendant, CYPRESS PROPERTY
& CASULATY INSUARNCE COMPANY (“Defendant”), and in support thereof, states as
follows:
1. This matter involves payment pursuant to a policy of insurance for real property located at
1940 Crestview Way, Naples, FL 34119 (“Insured Property”).
2. On 6/7/19 the Plaintiff served and filed the following documents along with its Complaint:
(i) Plaintiff's First Set of Interrogatories to Defendant (“Interrogatories”, attached as Exhibit
“A”) and (ii) Plaintiff's First Request for Production of Documents (“Request to Produce”,
attached as Exhibit “B”). The Interrogatories and Request to Produce are collectively referred to
as the “Discovery”.
3. Defendant’s responses to the Discovery were due on 7/29/19.
4. On 7/3/19, Defendant filed its Motion to Dismiss and for Stay of Discovery (the “Motion
to Dismiss”). A true and correct copy of the Motion to Dismiss is attached as Exhibit “C”.
5. On 11/20/19 and 12/2/19, the Judge entered two (2) separate orders denying the Motion to
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/26/2020 04:21:03 PMDismiss, specifically denying paragraph 14 of the Motion to Dismiss (collectively referred to as
the “Orders”). A copy of the Orders are attached hereto as Exhibit “D”.
6. On 2/13/20, Plaintiffs counsel emailed Defendant’s counsel correspondence requesting
Defendant’s responses (the “Demand”, a true and correct copy of which is attached as Exhibit
“E”) to secure the Discovery without court intervention. As of the date of this filing, the Defendant
failed to respond to the Discovery requests or the Demand.
7. Defendant’s refusal to comply with the discovery rules or even respond to Plaintiffs
communications intended to avoid court intervention has forced Plaintiff to bring this motion
seeking an order to compel Defendant to respond to the Discovery.
8. If this motion is granted, Rule 1.380(a)(4), Florida Rules of Civil Procedure, makes
mandatory an award of reasonable expenses, including attorney’s fees, incurred in obtaining the
order granting the Motion:
If the motion [to compel] is granted and after opportunity for hearing, the court
shall require the party . . . whose conduct necessitated the motion or the counsel
advising the conduct to pay to the moving party the reasonable expenses incurred
in obtaining the order that may include attorneys’ fees, unless the court finds that
the movant failed to certify in the motion that good faith effort was made to obtain
the discovery without court action, that the opposition to the motion was justified,
or that other circumstances make an award unjust.
(Emphasis supplied).
9. As certified below, Plaintiff attempted, in good faith, to obtain responses to the Discovery
from the Defendant without court intervention. Despite Plaintiff’s good faith attempts, Defendant
has failed to provide any responses to the Discovery.
10. Any opposition to this motion is not justified. Further, no circumstances exist which would
make an award of expenses unjust.
11. As such, Rule 1.380(a)(4) requires this Court to award Plaintiff its reasonable expenses,
including attorney’s fees, incurred in connection with this Motion.12. Plaintiff wishes to proceed with this action, including by setting depositions and ultimately
noticing this case for trial, but cannot effectively or efficiently do so without Defendant’s responses
to the Request to Produce and Interrogatories.
WHEREFORE, Plaintiff respectfully requests that this Court grant this Motion to Compel
and for Sanctions, as follows:
(1) order Defendant to respond fully and completely to the Interrogatories and the
Request to Produce, without objection except as to validly-asserted privileges;
(2) order Defendant to provide a privilege log which complies with the Florida Rules
of Civil Procedure for any documents or information which Defendant withholds under privilege
in response to the Discovery;
(3) award Plaintiff reasonable attorneys’ fees and costs for bringing this motion,
assessed against Defendant and its counsel; and,
(4) grant such further relief as this Court deems proper.
Fla. R. Civ. P. 1.380(a)(2) Certification
ICERTIFY that the undersigned, in good faith, has conferred or attempted to confer with
the responding party in a good faith effort to secure Defendant’s responses to the Discovery
without Court intervention, but the Defendant has failed or refused to cooperate.
[Certificate of Service to Follow]Mail
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been furnished via U.S.
to
Steven
Schwartz, Esq., at sgs@schwartzlawgroup.com
eservice@schwartzlawgroup.com on February 26, 2020.
GORDON & THALWITZER
257 N. Orlando Avenue
Cocoa Beach, FL 32931
Tel. (321) 799-4777
Primary email:
Aaron@brevardlegal.com
and
Secondary emails: JFalatek@brevardlegal.com
eservice@brevardlegal.com
/s/ Aaron Thalwitzer
Aaron B. Thalwitzer, Esq.
Florida Bar No. 42591
Justin Falatek, Esq.
Florida Bar No. 92369
Attorneys for Plaintiffthat ft "
Exhibit "A
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
SFR SERVICES, LLC, Case No.: 2019-CA-2012
Plaintiff,
Vv.
CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
PLAINTIFF, SFR SERVICES, LLC’S FIRST SET
OF INTERROGATORIES TO DEFENDANT
Plaintiff, SFR SERVICES, LLC, hereby requests that Defendant, CYPRESS PROPERTY
& CASUALTY INSURANCE COMPANY, pursuant to Fla. R. Civ. P. 1.340 answer separately
and fully the following Interrogatories within forty-five (45) days from the date of service hereof.
INSTRUCTIONS
1. Electronically Stored Information (ESI): The vast majority of information
nowadays is stored electronically. The term “documents” necessarily includes ESI. Therefore, in
addition to searching papers and physical files, you are required by law to search all possible
electronic data locations, including, but not limited to: home computers, work computers, e-mail
providers, servers, personal digital assistants (PDA’s), such as an Android® or Apple iPhone®,
which may hold text messages and Microsoft Office Outlook® calendar entries, portable media
such as thumb drives, CD’s and memory sticks, digital phone systems, online mail systems,
archival systems, and other locations on the Internet. Even if certain ESI was altered, modified or
deleted, it is still considered “reasonably accessible data” for purposes of e-discovery and must be
produced.
2. Spoliation Warning: ESI can be easily altered, deleted or otherwise modified.
Please be advised that such actions can be discovered by forensic experts and the penalties are
extremely severe. To avoid even the perception of spoliation of evidence, you must take active
measures to preserve all ESI, even if it is received from third parties during the case. It is not
enough to only retain paper copies, because ESI contains more information than paper copies.
3. Search Methodologies: When searching for ESI, you must keep records of Your
search methodologies, including the data locations you searched and on what dates, the keywords,
names, phrases, file extensions and e-mail addresses you searched, the date ranges you applied,
and other information such that a judge may determine the sufficiency of Your search. If you arenot competent to perform these searches Yourself, you have a legal duty to utilize the services of
someone who is competent to do so.
4. Possession, Custody or Control: By law, you must produce all documents (again,
including ESI) in Your possession, custody or control. You cannot refuse production on the
grounds that certain information is on someone else’s computer in Your home, or is held by Your
bank, or by Your employer. If you have the ability to access the documents, then they must be
produced. If you have never had control of a particular document but you know who might, you
must identify that person or entity by name, address and phone number in Your written response.
Ifa document responsive to these requests was at any time in Your possession, custody or control,
but is now no longer available for production, you must state in Your written response what
happened to the document, when, and who might possess a copy of it.
5. Privilege Logs: Certain documents may be privileged. You must consult with an
attorney to determine whether privileges were preserved or waived, such as by copying third
persons on e-mails to attorneys. If you withhold documents based on a privilege, you must identify
the privilege claimed as well as each document for which such privilege is claimed and provide
the relevant date and the name of all persons who received the document. To the extent you
produce a valid privilege log, the requests below should be considered to request non-privileged
documents. Further, for any document you are claiming privilege, identify any Policy provisions,
statutory language, or case law which serves as the basis for the privilege.
6. Redactions. Whenever a document is not produced in full or is produced in redacted
form, you must include these redactions on Your privilege log, supplying the same information
requested above for privilege logs.
7. Form of Production. All paper documents should be produced with Bates numbers
to help the parties identify them in the future. Each response to each request should identify the
Bates numbers for the documents which are responsive to that request (e.g., in response to Request
No. 1, you might write, “Please see Bates 1-100 and 150-200.”) All ESI must be produced in native
form (the form in which it was created), searchable by optical character recognition (OCR). For
email chains, you only need to produce the most recent email, as long as it contains all of the
previous emails.
8. Inclusiveness. Where you believe a request could be construed broadly or narrowly,
you are to use the broadest possible interpretation of the request. For example, “any” includes
“all.” “Document” means any information that is stored anywhere and in any form, whether in
handwritten notes, typed text, charts, lists, graphs, phone records, committee minutes, photos, tape,
video, or otherwise, including the original and all copies thereof which are different in any way
from the original.
9. Agents for Persons and Entities. Where a request refers to a person or entity, you
must answer not only as to that person or entity, but also as to persons acting or purporting to act
on their behalf, including but not limited to present and former agents, attorneys, accountants,
employees, independent contractors, investigators, consultants and other representatives.10. | Date Ranges. The relevant time frame for these requests is 9/9/2015, to present
unless otherwise stated.
DEFINITIONS
The following applies to each and every term and request herein:
1. The use of a verb in any tense shall be construed as the use of a verb in all other
tenses, whenever necessary to bring within the scope of the specification of all responses which
might otherwise be construed to be outside its scope.
2. Terms of the singular include the plural intent and the plural include the singular,
unless otherwise specifically defined in these definitions.
3. If You desire confidentiality for business reasons for any of the discovery sought, contact
the undersigned counsel in advance of Your production deadline with proposed language for an
agreement to that effect, identifying all types of documents for which protection is sought and the
reasons for their confidentiality.
4. These requests seek all documents in Your possession, custody, or control, from whatever
source obtained, including documents in the possession of any of Your present and former officers,
directors, employees, agents, attorneys, investigators, accountants, or consultants. The documents
produced in response to these requests shall be: (1) organized and designated to correspond to the
categories in these requests; or (2) produced as they were kept in the usual course of business. All
documents which cannot be legibly copied shall be produced in their original form.
5. Each request for documents to be produced, whether memoranda, reports, letters, or other
documents of any description, contemplates production of the document in its entirety, without
abbreviation or expurgation.
6. Ifa request is made for production of documents which are no longer in Your possession,
custody, and/or control, state: when such documents were most recently in Your possession,
custody, and/or control; what dispositions were made of them (when, why, by whom); and the
identity of the person believed to be presently in possession, custody, and/or control of the
documents. If a document has been destroyed, state when such document was destroyed, identify
the person who destroyed the document, identify the person(s) who directed that the document be
destroyed, and state the reasons the document was destroyed.
7. Ifthere are no responsive documents to a request, so state in writing.
8. All information and documents to which you claim privilege or statutory authority as
grounds for non-disclosure shall be identified as required by applicable rules or by date, title, type
of document (e.g., memorandum, report, chart, etc.), subject matter (without revealing the
information to which privilege or statutory authority is claimed), and the factual and legal basis
for the claimed privilege or a specific statutory authority which provides the claimed ground for
non-disclosure.9. To the extent authorized or required by law, these requests shall be deemed continuing, so
as to require supplemental production if you receive or generate additional documents in the
designated categories between the time of original production and the time of trial. You are under
a duty promptly to amend prior responses to these requests if you obtain information upon the
basis of which you or anyone on Your behalf knows the response, though thought to be correct
when made, is not true or is no longer true.
10. Any capitalized words, or words or phrases in quotation marks which are not otherwise
defined shall have the meaning provided or intended in the Complaint.
TERMS
1. “And” and “or” should be construed either disjunctively or conjunctively as
necessary to bring within the scope of the Request the broadest range of information.
2. “Action” means this action.
3. “Communication” shall mean any oral or written utterance, notation, or statement
of any nature whatsoever, by and to whomsoever made, including, but not limited to,
correspondence, conversations, representations, meetings, conferences, telephone conversations,
emails, text messages, instant messaging through social networks, interviews, dialogues,
discussions, statements, interviews, consultations, agreements, negotiations, and other
understandings between or among two or more persons or entities and the date(s) of same.
4. “Complaint” means the Complaint, filed in this Action on 5/17/19.
5. “Date” means the day, month, and year of the occurrence to which the Request
refers. If any of these components is not known and/or available, so state and provide as close an
approximation as possible to the requested date.
6. “Date of Loss” means 9/10/17 but shall include time period prior to and after that
date where any activity associated with Hurricane Irma impacted the Property as alleged in the
Complaint.
7. “Defendant” or “Carrier” means CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY, and includes its current and former representatives, attorneys, agents,
employees, and any person currently or formerly acting for it or on its behalf.
8. “Document” or words of similar import, in the singular or plural shall include and
mean, without limitation, the original and copies of any written, recorded, or graphic matter,
however produced and reproduced, including, but not limited to all ESI, letters, telegrams, telexes,
facsimiles, correspondence, reports, change proposals, change orders, certifications, memoranda,
agreements, contracts, contract modifications, field directives, work orders, recordings, memorial
of telephone conversations or meetings or conferences, interoffice and intra-office
communications, work papers, cost sheets, estimating sheets, bids, invoices, bills, handwritten
notes, minutes, handwritten drafts, resolutions, press releases, statements, transcripts, leases,
subleases, positions listings, transfer orders, desk calendars, personal appointment pads,
appointment books, diaries, rolodex cards, telephone bills, expense account statements, expensevouchers, credit card charges, credit card receipts, travel records, receipts, cancelled checks or
other instruments of payment or indicia of payment, bank statements, endorsements, account
statements, deposit slips, credit memoranda, debit memoranda, loan agreements, notices,
guarantees, records of collateral, notes or other instruments of indebtedness, confirmations,
comparisons, acknowledgements, analyses, portfolios, ledgers, ledger sheets, books of account,
journals, audits, accountants’ reports, filings with any governmental agency, financial statements,
corporate records, purchase orders, time cards, attendance records, maintenance records, work
records, progress reports, drawings, working drawings, shop drawings, sketches, diagrams or other
writings of any nature whatsoever [whether written, handwritten, typed, Xeroxed, Photostatted,
printed, duplicates, reproduced, recorded or drafted, however produced or reproduced, (including
magnetic impulse, mechanical or electrical transcription, or laser-readable recordings such as those
that are stored on computer hard drives, disks, flash drives, external drives, tapes, or other media)],
or any matter or thing that by itself or in connection with other matters or things will produce an
intelligible image or sound containing, reflecting, or recording, in whole or in part, any information
(including, without limitation, any correspondence, communication, discussion, conclusion,
report, recordation or notation) arising out of or concerning the subject matter addressed
(including, without limitation, all interim as well as final drafts, non-identical copies, reports,
pictures, drawings, sketches, work sheets, diagrams, handwritten notes, or other recorded material
of any kind or nature). Documents related to solely to allegations Defendant has admitted in its
Answer do not need to be produced. Documents include “Communications”, as that term is herein
defined.
9. “ESI” shall mean Electronically Stored Information, which is information created,
manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer
hardware and software, and includes, but is not limited to: all e-mails and attachments, instant
messages, text messages, blogs, tweets, wikis, forum comments, social media communications of
any kind (YouTube, AOL, Yahoo, Facebook, MySpace, MSN, Google, Twitter, Google Plus, and
the like), voicemails, videos, word processing documents, calendars, spreadsheets, Power Points
and other presentations, databases, and archived data (PST files, Zip files, backups, and the like).
10. “Evidencing”, “supporting”, “concerning”, “regarding”, “reflecting”,
“pertaining to,” “relating/related to,” or any variant thereof include, but are not limited to, the
following meanings: bearing upon, addressing, respecting, discussing, mentioning, describing,
responding to, identifying, constituting, having to do with, or being in any way relevant to the
given subject matter.
11. “Expert witness” includes and shall mean a person who, because of education,
training, or experience, possesses knowledge of a specialized nature beyond that of the average
person on a fact material to a claim or defense in this Action and who may be expected to render
an opinion within his/her expertise at trial. He/she may be an employee of a party or an independent
contractor. He/she may also be a party or an employee of a party who will render an opinion within
his/her expertise at the time of trial. This definition explicitly excludes a person who is solely and
exclusively a bona fide “consulting expert witness”, i.e., an expert witness who serves solely in a
consulting capacity and who will not testify in this Lawsuit, but only to the extent that any
Documents provided to or received from such a “consulting expert witness” are properly identified
in a privilege log.eee
12. “Including” means ‘“including but not limited to.”
13. “Identify” means:
. As to an individual, stating his or her:
1) Full and customarily used names;
2) Present residence address and business address;
3) Residence address and business address during the relevant time period;
4) Business or professions during the relevant time periods;
5) Every office, title, or position held during the relevant time period; and
6) Every employer during the relevant time period, stating the name and present or last
known address of each such employer.
. As to any person other than an individual, stating:
1) Its legal name and any other names used by it;
2) The form or manner of its organization (e.g., partnership, corporation, etc.); and
3) The state of its incorporation (if it is incorporated) and the address of its principal place
of business.
. As to a document or written communication, stating:
1) The date of its creation, execution, and receipt;
2) Its author or signatory;
3) Its addressee and every other recipient or person having knowledge of its contents or
whereabouts;
4) Its type or nature (e.g., letter, memorandum, etc.), including its subject matter (which
shall be stated with particularity);
5) The name and the business and home address of the custodian of the document; and
6) The present location of the document.
. As to an event, transaction, or occurrence, stating;
1) Its date; and2) The place where it took place and the manner of its occurrence (e.g., face-to-face
meeting of participants, telephone calls, etc.).
E. As to an oral communication, stating:
1) By whom and to whom each such communication was made;
2) The date it was made;
3) The place at which it was made;
4) The identities of all persons present for all or part of the communication; and
5) The substance thereof.
14. “Information” means data of any kind recorded in any language, including
machine language and recorded numerically, and in any form of expression.
15. “Person” refers to both natural persons and entities including, but not limited to,
corporations, businesses, partnerships, joint ventures, unincorporated associations, trusts, estates,
public agencies, departments, bureaus, and boards. Any reference to a person includes that
person’s officers, directors, agents, employees, attorneys, and anyone acting on behalf of or under
the control of that person.
16. “Plaintiff? means SFR Services, LLC acting in its capacity as an assignee of the
Insured, and current and former representatives, attorneys, agents, employees, and any person
currently or formerly acting for or on behalf of same.
17. “Pleading” means all complaints, answers, replies, counterclaims, cross-claims,
third-party complaints, intervening complaints, interpleader complaints, and all responses to
same, including all documents including in the definition in Rule 1.100(a), Fla. R. Civ. P.
18. | “Produce” means to make available the documents and tangible things requested
herein for inspection and copying or to furnish legible copies thereof. Documents shall be
produced in the order they are kept in the usual course of business or in an order that corresponds
with the categories of this request and labeled as such. If any document or tangible thing requested
was at any time, but is not now, in Your possession or custody or subject to Your control, it shall
be stated what disposition was made of such document or tangible thing and when such
disposition occurred. If you decline to produce any document or tangible thing requested
hereinafter on the basis of any privilege known in the law, you shall, at the time of production
designated herein, as to each such document or tangible thing, provide the following written
information pertaining to such document or tangible thing:
A. its date, or if not dated, the date it was prepared or received;
B. the type of document (e.g., letter, memorandum, telegram, chart photograph,
reproduction);the author and addressee, including the names of all persons receiving a copy;
. its present location;
the identity of the individual or person who is presently the custodian or custodians thereof;
a general description of its contents;
a7 moa
. the identity of each person who received a copy of the document and the relationship of
such person to you;
H. whether such document contains or relates to facts or opinions, or both; and
I. the nature of the privilege (e.g., work product, attorney-client, etc.) that you claim with
respect to such document or tangible thing and the circumstances relied upon to support
the claim of privilege.
19. “Policy” means the contract of insurance described in paragraph 5 of the
Complaint.
20. “Property” or “Insured Property” means the property located at 1940 Crestview
Way, Naples, FL 34119, including all buildings and other improvements which are covered by the
Policy.
21. “Witness(es)” include and shall mean any and all persons having knowledge of
facts pertaining to the Action.
22. “You”, “Your”, and “Defendant” refer to CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY, and unless privileged, attorneys, agents or representatives thereof.
PLAINTIFF’S FIRST SET OF
INTERROGATORIES TO DEFENDANT
INTERROGATORY NO. 1: State Your complete corporate name, the 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 Collier County, Florida, whether your name as it
appears in the Complaint is correct, and if, such name is incorrect, Your full legal name.
ANSWER:
INTERROGATORY NO. 2: Identify every Person who assisted in answering these
Interrogatories and the Interrogatory number or numbers for which such assistance was provided.
Alternatively, provide the requested Information before each answer.
ANSWER:INTERROGATORY NO. 3: Identify every Witness with knowledge of the allegations in the
Complaint and any other pleading in the Lawsuit, and Identify with specificity (for example,
answering “The witness has knowledge of the allegations in the Complaint” would be insufficient)
the knowledge of each Witness as it relates to allegations in the pleadings, and their address, phone
number, email address, place of employment, and title. If you took a statement from any Witness,
Identify the statement, including the subject matter, date of such statement, and the medium of the
statement, e.g., whether it is in writing, an audio recording, or some other medium.
ANSWER:
INTERROGATORY NO. 4: Identify Communications between You and any Person (including
the Insured) regarding the facts underlying the allegations in the Complaint.
ANSWER:
INTERROGATORY NO. 5: Identify Communications between You and the Plaintiff regarding
the allegations in the Complaint.
ANSWER:
INTERROGATORY NO. 6: Identify with specificity each fact known to You about the nature
of the Plaintiff's (or the Insured’s) request for coverage and all Information You have indicating
the losses are not covered, whether in part or in whole.
ANSWER:
INTERROGATORY NO. 7: Identify all defenses which You reasonably believe are available
regarding the Complaint. Identify the complete factual basis for any such defenses, including, as
may apply, the dates, Documents, and Policy provisions which are relevant to such defenses, as
well as the names, addresses, employers, and titles of any Witness who has knowledge of the facts
which provide the basis for any such defenses. If the defense is derived from the Policy, statute,
or case law, Identify the authority for the defense.
ANSWER:
INTERROGATORY NO. 8 Identify 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 (or theInsured’s) claim and Identify the capacity in which they were involved, the date(s) they were
involved, the nature of their involvement, and, if You will not produce such persons for deposition,
trial, or evidentiary hearing without a subpoena, Identify their address, telephone number, and
email address.
ANSWER:
INTERROGATORY NO. 9: Identify how much money You or Your representatives have paid
any consultants who examined the Property including engineers, contractors, or roofers for any
reason whatsoever. Please break down such amounts by calendar year.
ANSWER:
INTERROGATORY NO. 10: Identify how many times You, or anyone on Your behalf, have
hired the individuals or entities who examined the Property in connection with the claim referenced
in the Complaint including engineers, contractors, or roofers for any reason whatsoever from 2013
to the present.
ANSWER:
INTERROGATORY NO. 11: Identify the date You first anticipated litigation with respect to this
Claim and the facts that caused You to anticipate litigation.
ANSWER:I SWEAR, UNDER PENALTY OF PERJURY, THAT THE FOREGOING ANSWERS
ARE TRUE AND CORRECT.
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
Sign
Print Name/Title
STATE OF
COUNTY OF
SWORN TO and subscribed before me this day of >
2019, by CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY, who is personally known to me or who has produced
as identification and who did take an oath.
NOTARY PUBLIC:
Sign:
Print:
State of (Seal)
My Commission Expires:Filing # 90735593 E-Filed 06/07/2019 10:12:51 AM
ahA34+ ft "
Exhibit "B
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
SFR SERVICES, LLC, Case No.: 2019-CA-2012
Plaintiff,
Vv.
CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
PLAINTIFF, SFR SERVICES, LLC’S FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
Plaintiff, SFR SERVICES, LLC, by and through the undersigned counsel, hereby requests
that Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, pursuant to
Fla. R. Civ. P. 1.350 answer separately and fully the following Request for Production within
forty-five (45) days from the date of service hereof.
INSTRUCTIONS
1. Electronically Stored Information (ESI): The vast majority of information
nowadays is stored electronically. The term “documents” necessarily includes ESI. Therefore, in
addition to searching papers and physical files, you are required by law to search all possible
electronic data locations, including, but not limited to: home computers, work computers, e-mail
providers, servers, personal digital assistants (PDA’s), such as an Android® or Apple iPhone®,
which may hold text messages and Microsoft Office Outlook® calendar entries, portable media
such as thumb drives, CD’s and memory sticks, digital phone systems, online mail systems,
archival systems, and other locations on the Internet. Even if certain ESI was altered, modified or
deleted, it is still considered “reasonably accessible data” for purposes of e-discovery and must be
produced.
2. Spoliation Warning: ESI can be easily altered, deleted or otherwise modified.
Please be advised that such actions can be discovered by forensic experts and the penalties are
extremely severe. To avoid even the perception of spoliation of evidence, you must take active
measures to preserve all ESI, even if it is received from third parties during the case. It is not
enough to only retain paper copies, because ESI contains more information than paper copies.
3. Search Methodologies: When searching for ESI, you must keep records of Your
search methodologies, including the data locations you searched and on what dates, the keywords,
names, phrases, file extensions and e-mail addresses you searched, the date ranges you applied,and other information such that a judge may determine the sufficiency of Your search. If you are
not competent to perform these searches Yourself, you have a legal duty to utilize the services of
someone who is competent to do so.
4. Possession, Custody or Control: By law, you must produce all documents (again,
including ESI) in Your possession, custody or control. You cannot refuse production on the
grounds that certain information is on someone else’s computer in Your home, or is held by Your
bank, or by Your employer. If you have the ability to access the documents, then they must be
produced. If you have never had control of a particular document but you know who might, you
must identify that person or entity by name, address and phone number in Your written response.
Ifa document responsive to these requests was at any time in Your possession, custody or control,
but is now no longer available for production, you must state in Your written response what
happened to the document, when, and who might possess a copy of it.
5. Privilege Logs: Certain documents may be privileged. You must consult with an
attorney to determine whether privileges were preserved or waived, such as by copying third
persons on e-mails to attorneys. If you withhold documents based on a privilege, you must identify
the privilege claimed as well as each document for which such privilege is claimed and provide
the relevant date and the name of all persons who received the document. To the extent you
produce a valid privilege log, the requests below should be considered to request non-privileged
documents. Further, for any document you are claiming privilege, identify any policy provisions,
statutory language, or case law which serves as the basis for the privilege.
6. Redactions. Whenever a document is not produced in full or is produced in redacted
form, you must include these redactions on Your privilege log, supplying the same information
requested above for privilege logs.
7. Form of Production. All paper documents should be produced with Bates numbers
to help the parties identify them in the future. Each response to each request should identify the
Bates numbers for the documents which are responsive to that request (e.g., in response to Request
No. 1, you might write, “Please see Bates 1-100 and 150-200.”) All ESI must be produced in native
form (the form in which it was created), searchable by optical character recognition (OCR). For
email chains, you only need to produce the most recent email, as long as it contains all of the
previous emails.
8. Inclusiveness. Where you believe a request could be construed broadly or narrowly,
you are to use the broadest possible interpretation of the request. For example, “any” includes
“all.” “Document” means any information that is stored anywhere and in any form, whether in
handwritten notes, typed text, charts, lists, graphs, phone records, committee minutes, photos, tape,
video, or otherwise, including the original and all copies thereof which are different in any way
from the original.
9. Agents for Persons and Entities. Where a request refers to a person or entity, you
must answer not only as to that person or entity, but also as to persons acting or purporting to act
on their behalf, including but not limited to present and former agents, attorneys, accountants,
employees, independent contractors, investigators, consultants and other representatives.10. | Date Ranges. The relevant time frame for these requests is 9/9/2015, to present
unless otherwise stated.
DEFINITIONS
The following applies to each and every term and request herein:
1. The use of a verb in any tense shall be construed as the use of a verb in all other
tenses, whenever necessary to bring within the scope of the specification of all responses which
might otherwise be construed to be outside its scope.
2. Terms of the singular include the plural intent and the plural include the singular,
unless otherwise specifically defined in these definitions.
3. If You desire confidentiality for business reasons for any of the discovery sought,
contact the undersigned counsel in advance of Your production deadline with proposed language
for an agreement to that effect, identifying all types of documents for which protection is sought
and the reasons for their confidentiality.
4. These requests seek all documents in Your possession, custody, or control, from
whatever source obtained, including documents in the possession of any of Your present and
former officers, directors, employees, agents, attorneys, investigators, accountants, or consultants.
The documents produced in response to these requests shall be: (1) organized and designated to
correspond to the categories in these requests; or (2) produced as they were kept in the usual course
of business. All documents which cannot be legibly copied shall be produced in their original form.
5. Each request for documents to be produced, whether memoranda, reports, letters,
or other documents of any description, contemplates production of the document in its entirety,
without abbreviation or expurgation.
6. If a request is made for production of documents which are no longer in Your
possession, custody, and/or control, state: when such documents were most recently in Your
possession, custody, and/or control; what dispositions were made of them (when, why, by whom);
and the identity of the person believed to be presently in possession, custody, and/or control of the
documents. If a document has been destroyed, state when such document was destroyed, identify
the person who destroyed the document, identify the person(s) who directed that the document be
destroyed, and state the reasons the document was destroyed.
7. If there are no responsive documents to a request, so state in writing.
8. All information and documents to which you claim privilege or statutory authority
as grounds for non-disclosure shall be identified as required by applicable rules or by date, title,
type of document (e.g., memorandum, report, chart, etc.), subject matter (without revealing the
information to which privilege or statutory authority is claimed), and the factual and legal basis
for the claimed privilege or a specific statutory authority which provides the claimed ground for
non-disclosure.9. To the extent authorized or required by law, these requests shall be deemed
continuing, so as to require supplemental production if you receive or generate additional
documents in the designated categories between the time of original production and the time of
trial. You are under a duty promptly to amend prior responses to these requests if you obtain
information upon the basis of which you or anyone on Your behalf knows the response, though
thought to be correct when made, is not true or is no longer true.
10. Any capitalized words, or words or phrases in quotation marks which are not
otherwise defined shall have the meaning provided or intended in the Complaint.
TERMS
1. “Action” means this action.
2. “And” and “or” should be construed either disjunctively or conjunctively as
necessary to bring within the scope of the Request the broadest range of information.
3. “Communication” shall mean any oral or written utterance, notation, or statement
of any nature whatsoever, by and to whomsoever made, including, but not limited to,
correspondence, conversations, representations, meetings, conferences, telephone conversations,
emails, text messages, instant messaging through social networks, interviews, dialogues,
discussions, statements, interviews, consultations, agreements, negotiations, and other
understandings between or among two or more persons or entities and the date(s) of same.
4. “Complaint” means the Complaint, filed in this Action on 5/17/19.
5. “Date” means the day, month, and year of the occurrence to which the Request
refers. If any of these components is not known and/or available, so state and provide as close an
approximation as possible to the requested date.
6. “Date of Loss” means 9/10/17 but shall include time period prior to and after that
date where any activity associated with Hurricane Irma impacted the Property as alleged in the
Complaint.
7. “Defendant” or “Carrier” means CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY, and includes its current and former representatives, attorneys, agents,
employees, and any person currently or formerly acting for it or on its behalf.
8. “Document” or word of similar import, in the singular or plural shall include and
mean, without limitation, the original and copies of any written, recorded, or graphic matter,
however produced and reproduced, including, but not limited to all ESI, letters, telegrams, telexes,
facsimiles, correspondence, reports, change proposals, change orders, certifications, memoranda,
agreements, contracts, contract modifications, field directives, work orders, recordings, memorial
of telephone conversations or meetings or conferences, interoffice and intra-office
communications, work papers, cost sheets, estimating sheets, bids, invoices, bills, handwritten
notes, minutes, handwritten drafts, resolutions, press releases, statements, transcripts, leases,
subleases, positions listings, transfer orders, desk calendars, personal appointment pads,
appointment books, diaries, rolodex cards, telephone bills, expense account statements, expensevouchers, credit card charges, credit card receipts, travel records, receipts, cancelled checks or
other instruments of payment or indicia of payment, bank statements, endorsements, account
statements, deposit slips, credit memoranda, debit memoranda, loan agreements, notices,
guarantees, records of collateral, notes or other instruments of indebtedness, confirmations,
comparisons, acknowledgements, analyses, portfolios, ledgers, ledger sheets, books of account,
journals, audits, accountants’ reports, filings with any governmental agency, financial statements,
corporate records, purchase orders, time cards, attendance records, maintenance records, work
records, progress reports, drawings, working drawings, shop drawings, sketches, diagrams or other
writings of any nature whatsoever [whether written, handwritten, typed, Xeroxed, Photostatted,
printed, duplicates, reproduced, recorded or drafted, however produced or reproduced, (including
magnetic impulse, mechanical or electrical transcription, or laser-readable recordings such as those
that are stored on computer hard drives, disks, flash drives, external drives, tapes, or other media)],
or any matter or thing that by itself or in connection with other matters or things will produce an
intelligible image or sound containing, reflecting, or recording, in whole or in part, any information
(including, without limitation, any correspondence, communication, discussion, conclusion,
report, recordation or notation) arising out of or concerning the subject matter addressed
(including, without limitation, all interim as well as final drafts, non-identical copies, reports,
pictures, drawings, sketches, work sheets, diagrams, handwritten notes, or other recorded material
of any kind or nature). Documents related to solely to allegations Defendant has admitted in its
Answer do not need to be produced. Documents include “Communications”, as that term is herein
defined.
9. “ESI” shall mean Electronically Stored Information, which is information created,
manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer
hardware and software, and includes, but is not limited to: all e-mails and attachments, instant
messages, text messages, blogs, tweets, wikis, forum comments, social media communications of
any kind (YouTube, AOL, Yahoo, Facebook, MySpace, MSN, Google, Twitter, Google Plus, and
the like), voicemails, videos, word processing documents, calendars, spreadsheets, Power Points
and other presentations, databases, and archived data (PST files, Zip files, backups, and the like).
10. “Evidencing”, “supporting”, “concerning”, “regarding”, “reflecting”,
“pertaining to,” “relating/related to,” or any variant thereof include, but are not limited to, the
following meanings: bearing upon, addressing, respecting, discussing, mentioning, describing,
responding to, identifying, constituting, having to do with, or being in any way relevant to the
given subject matter.
11. “Expert witness” includes and shall mean a person who, because of education,
training, or experience, possesses knowledge of a specialized nature beyond that of the average
person on a fact material to a claim or defense in this Action and who may be expected to render
an opinion within his/her expertise at trial. He/she may be an employee of a party or an independent
contractor. He/she may also be a party or an employee of a party who will render an opinion within
his/her expertise at the time of trial.
12. “Including” means ““including but not limited to.”
13. “Identify” means:. As to an individual, stating his or her:
1) Full and customarily used names;
2) Present residence address and business address;
3) Residence address and business address during the relevant time period;
4) Business or professions during the relevant time periods;
5) Every office, title, or position held during the relevant time period; and
6) Every employer during the relevant time period, stating the name and present or last
known address of each such employer.
. As to any person other than an individual, stating:
1) Its legal name and any other names used by it;
2) The form or manner of its organization (e.g., partnership, corporation, etc.); and
3) The state of its incorporation (if it is incorporated) and the address of its principal place
of business.
. As to a document or written communication, stating:
1) The date of its creation, execution, and receipt;
2) Its author or signatory;
3) Its addressee and every other recipient or person having knowledge of its contents or
whereabouts;
4) Its type or nature (e.g., letter, memorandum, etc.), including its subject matter (which
shall be stated with particularity);
5) The name and the business and home address of the custodian of the document; and
6) The present location of the document.
. As to an event, transaction, or occurrence, stating;
1) Its date; and
2) The place where it took place and the manner of its occurrence (e.g., face-to-face
meeting of participants, telephone calls, etc.)
. As to an oral communication, stating:1) By whom and to whom each such communication was made;
2) The date it was made;
3) The place at which it was made;
4) The identities of all persons present for all or part of the communication; and
5) The substance thereof.
14. “Information” means data of any kind recorded in any language, including
machine language and recorded numerically, and in any form of expression.
15. “Person” refers to both natural persons and entities including, but not limited to,
corporations, businesses, partnerships, joint ventures, unincorporated associations, trusts, estates,
public agencies, departments, bureaus, and boards. Any reference to a person includes that
person’s officers, directors, agents, employees, attorneys, and anyone acting on behalf of or under
the control of that person.
16. “Plaintiff? means SFR Services, LLC acting in its capacity as an assignee of the
Insured, and current and former representatives, attorneys, agents, employees, and any person
currently or formerly acting for or on behalf of same.
17. “Pleading” means all complaints, answers, replies, counterclaims, cross-claims,
third-party complaints, intervening complaints, interpleader complaints, and all responses to same,
including all documents including in the definition in Rule 1.100(a), Fla. R. Civ. P.
18. “Policy” means the contract of insurance described in paragraph 5 of the
Complaint.
19. “Produce” means to make available the documents and tangible things requested
herein for inspection and copying or to furnish legible copies thereof. Documents shall be produced
in the order they are kept in the usual course of business or in an order that corresponds with the
categories of this request and labeled as such. If any document or tangible thing requested was at
any time, but is not now, in Your possession or custody or subject to Your control, it shall be stated
what disposition was made of such document or tangible thing and when such disposition occurred.
If you decline to produce any document or tangible thing requested hereinafter on the basis of any
privilege known in the law, you shall, at the time of production designated herein, as to each such
document or tangible thing, provide the following written information pertaining to such document
or tangible thing:
A. its date, or if not dated, the date it was prepared or received;
B. the type of document (e.g., letter, memorandum, telegram, chart photograph,
reproduction);
C. the author and addressee, including the names of all persons receiving a copy;. its present location;
the identity of the individual or person who is presently the custodian or custodians thereof;
a general description of its contents;
Qo = m@ GU
. the identity of each person who received a copy of the document and the relationship of
such person to you;
H. whether such document contains or relates to facts or opinions, or both; an
Preview
Filing # 103961200 E-Filed 02/26/2020 03:44:24 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA SFR SERVICES L.L.C., Case No.: 2019-CA-2012 Plaintiff, v. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFF’S MOTION TO COMPEL DISCOVERY RESPONSES AND FOR SANCTIONS Plaintiff, SFR SERVICES L.L.C. (“Plaintiff”), by and through the undersigned counsel, hereby files this Motion to Compel Discovery Responses from Defendant, CYPRESS PROPERTY & CASULATY INSUARNCE COMPANY (“Defendant”), and in support thereof, states as follows: 1. This matter involves payment pursuant to a policy of insurance for real property located at 1940 Crestview Way, Naples, FL 34119 (“Insured Property”). 2. On 6/7/19 the Plaintiff served and filed the following documents along with its Complaint: (i) Plaintiff's First Set of Interrogatories to Defendant (“Interrogatories”, attached as Exhibit “A”) and (ii) Plaintiff's First Request for Production of Documents (“Request to Produce”, attached as Exhibit “B”). The Interrogatories and Request to Produce are collectively referred to as the “Discovery”. 3. Defendant’s responses to the Discovery were due on 7/29/19. 4. On 7/3/19, Defendant filed its Motion to Dismiss and for Stay of Discovery (the “Motion to Dismiss”). A true and correct copy of the Motion to Dismiss is attached as Exhibit “C”. 5. On 11/20/19 and 12/2/19, the Judge entered two (2) separate orders denying the Motion to FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/26/2020 04:21:03 PMDismiss, specifically denying paragraph 14 of the Motion to Dismiss (collectively referred to as the “Orders”). A copy of the Orders are attached hereto as Exhibit “D”. 6. On 2/13/20, Plaintiffs counsel emailed Defendant’s counsel correspondence requesting Defendant’s responses (the “Demand”, a true and correct copy of which is attached as Exhibit “E”) to secure the Discovery without court intervention. As of the date of this filing, the Defendant failed to respond to the Discovery requests or the Demand. 7. Defendant’s refusal to comply with the discovery rules or even respond to Plaintiffs communications intended to avoid court intervention has forced Plaintiff to bring this motion seeking an order to compel Defendant to respond to the Discovery. 8. If this motion is granted, Rule 1.380(a)(4), Florida Rules of Civil Procedure, makes mandatory an award of reasonable expenses, including attorney’s fees, incurred in obtaining the order granting the Motion: If the motion [to compel] is granted and after opportunity for hearing, the court shall require the party . . . whose conduct necessitated the motion or the counsel advising the conduct to pay to the moving party the reasonable expenses incurred in obtaining the order that may include attorneys’ fees, unless the court finds that the movant failed to certify in the motion that good faith effort was made to obtain the discovery without court action, that the opposition to the motion was justified, or that other circumstances make an award unjust. (Emphasis supplied). 9. As certified below, Plaintiff attempted, in good faith, to obtain responses to the Discovery from the Defendant without court intervention. Despite Plaintiff’s good faith attempts, Defendant has failed to provide any responses to the Discovery. 10. Any opposition to this motion is not justified. Further, no circumstances exist which would make an award of expenses unjust. 11. As such, Rule 1.380(a)(4) requires this Court to award Plaintiff its reasonable expenses, including attorney’s fees, incurred in connection with this Motion.12. Plaintiff wishes to proceed with this action, including by setting depositions and ultimately noticing this case for trial, but cannot effectively or efficiently do so without Defendant’s responses to the Request to Produce and Interrogatories. WHEREFORE, Plaintiff respectfully requests that this Court grant this Motion to Compel and for Sanctions, as follows: (1) order Defendant to respond fully and completely to the Interrogatories and the Request to Produce, without objection except as to validly-asserted privileges; (2) order Defendant to provide a privilege log which complies with the Florida Rules of Civil Procedure for any documents or information which Defendant withholds under privilege in response to the Discovery; (3) award Plaintiff reasonable attorneys’ fees and costs for bringing this motion, assessed against Defendant and its counsel; and, (4) grant such further relief as this Court deems proper. Fla. R. Civ. P. 1.380(a)(2) Certification ICERTIFY that the undersigned, in good faith, has conferred or attempted to confer with the responding party in a good faith effort to secure Defendant’s responses to the Discovery without Court intervention, but the Defendant has failed or refused to cooperate. [Certificate of Service to Follow]Mail CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished via U.S. to Steven Schwartz, Esq., at sgs@schwartzlawgroup.com eservice@schwartzlawgroup.com on February 26, 2020. GORDON & THALWITZER 257 N. Orlando Avenue Cocoa Beach, FL 32931 Tel. (321) 799-4777 Primary email: Aaron@brevardlegal.com and Secondary emails: JFalatek@brevardlegal.com eservice@brevardlegal.com /s/ Aaron Thalwitzer Aaron B. Thalwitzer, Esq. Florida Bar No. 42591 Justin Falatek, Esq. Florida Bar No. 92369 Attorneys for Plaintiffthat ft " Exhibit "A IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA SFR SERVICES, LLC, Case No.: 2019-CA-2012 Plaintiff, Vv. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFF, SFR SERVICES, LLC’S FIRST SET OF INTERROGATORIES TO DEFENDANT Plaintiff, SFR SERVICES, LLC, hereby requests that Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, pursuant to Fla. R. Civ. P. 1.340 answer separately and fully the following Interrogatories within forty-five (45) days from the date of service hereof. INSTRUCTIONS 1. Electronically Stored Information (ESI): The vast majority of information nowadays is stored electronically. The term “documents” necessarily includes ESI. Therefore, in addition to searching papers and physical files, you are required by law to search all possible electronic data locations, including, but not limited to: home computers, work computers, e-mail providers, servers, personal digital assistants (PDA’s), such as an Android® or Apple iPhone®, which may hold text messages and Microsoft Office Outlook® calendar entries, portable media such as thumb drives, CD’s and memory sticks, digital phone systems, online mail systems, archival systems, and other locations on the Internet. Even if certain ESI was altered, modified or deleted, it is still considered “reasonably accessible data” for purposes of e-discovery and must be produced. 2. Spoliation Warning: ESI can be easily altered, deleted or otherwise modified. Please be advised that such actions can be discovered by forensic experts and the penalties are extremely severe. To avoid even the perception of spoliation of evidence, you must take active measures to preserve all ESI, even if it is received from third parties during the case. It is not enough to only retain paper copies, because ESI contains more information than paper copies. 3. Search Methodologies: When searching for ESI, you must keep records of Your search methodologies, including the data locations you searched and on what dates, the keywords, names, phrases, file extensions and e-mail addresses you searched, the date ranges you applied, and other information such that a judge may determine the sufficiency of Your search. If you arenot competent to perform these searches Yourself, you have a legal duty to utilize the services of someone who is competent to do so. 4. Possession, Custody or Control: By law, you must produce all documents (again, including ESI) in Your possession, custody or control. You cannot refuse production on the grounds that certain information is on someone else’s computer in Your home, or is held by Your bank, or by Your employer. If you have the ability to access the documents, then they must be produced. If you have never had control of a particular document but you know who might, you must identify that person or entity by name, address and phone number in Your written response. Ifa document responsive to these requests was at any time in Your possession, custody or control, but is now no longer available for production, you must state in Your written response what happened to the document, when, and who might possess a copy of it. 5. Privilege Logs: Certain documents may be privileged. You must consult with an attorney to determine whether privileges were preserved or waived, such as by copying third persons on e-mails to attorneys. If you withhold documents based on a privilege, you must identify the privilege claimed as well as each document for which such privilege is claimed and provide the relevant date and the name of all persons who received the document. To the extent you produce a valid privilege log, the requests below should be considered to request non-privileged documents. Further, for any document you are claiming privilege, identify any Policy provisions, statutory language, or case law which serves as the basis for the privilege. 6. Redactions. Whenever a document is not produced in full or is produced in redacted form, you must include these redactions on Your privilege log, supplying the same information requested above for privilege logs. 7. Form of Production. All paper documents should be produced with Bates numbers to help the parties identify them in the future. Each response to each request should identify the Bates numbers for the documents which are responsive to that request (e.g., in response to Request No. 1, you might write, “Please see Bates 1-100 and 150-200.”) All ESI must be produced in native form (the form in which it was created), searchable by optical character recognition (OCR). For email chains, you only need to produce the most recent email, as long as it contains all of the previous emails. 8. Inclusiveness. Where you believe a request could be construed broadly or narrowly, you are to use the broadest possible interpretation of the request. For example, “any” includes “all.” “Document” means any information that is stored anywhere and in any form, whether in handwritten notes, typed text, charts, lists, graphs, phone records, committee minutes, photos, tape, video, or otherwise, including the original and all copies thereof which are different in any way from the original. 9. Agents for Persons and Entities. Where a request refers to a person or entity, you must answer not only as to that person or entity, but also as to persons acting or purporting to act on their behalf, including but not limited to present and former agents, attorneys, accountants, employees, independent contractors, investigators, consultants and other representatives.10. | Date Ranges. The relevant time frame for these requests is 9/9/2015, to present unless otherwise stated. DEFINITIONS The following applies to each and every term and request herein: 1. The use of a verb in any tense shall be construed as the use of a verb in all other tenses, whenever necessary to bring within the scope of the specification of all responses which might otherwise be construed to be outside its scope. 2. Terms of the singular include the plural intent and the plural include the singular, unless otherwise specifically defined in these definitions. 3. If You desire confidentiality for business reasons for any of the discovery sought, contact the undersigned counsel in advance of Your production deadline with proposed language for an agreement to that effect, identifying all types of documents for which protection is sought and the reasons for their confidentiality. 4. These requests seek all documents in Your possession, custody, or control, from whatever source obtained, including documents in the possession of any of Your present and former officers, directors, employees, agents, attorneys, investigators, accountants, or consultants. The documents produced in response to these requests shall be: (1) organized and designated to correspond to the categories in these requests; or (2) produced as they were kept in the usual course of business. All documents which cannot be legibly copied shall be produced in their original form. 5. Each request for documents to be produced, whether memoranda, reports, letters, or other documents of any description, contemplates production of the document in its entirety, without abbreviation or expurgation. 6. Ifa request is made for production of documents which are no longer in Your possession, custody, and/or control, state: when such documents were most recently in Your possession, custody, and/or control; what dispositions were made of them (when, why, by whom); and the identity of the person believed to be presently in possession, custody, and/or control of the documents. If a document has been destroyed, state when such document was destroyed, identify the person who destroyed the document, identify the person(s) who directed that the document be destroyed, and state the reasons the document was destroyed. 7. Ifthere are no responsive documents to a request, so state in writing. 8. All information and documents to which you claim privilege or statutory authority as grounds for non-disclosure shall be identified as required by applicable rules or by date, title, type of document (e.g., memorandum, report, chart, etc.), subject matter (without revealing the information to which privilege or statutory authority is claimed), and the factual and legal basis for the claimed privilege or a specific statutory authority which provides the claimed ground for non-disclosure.9. To the extent authorized or required by law, these requests shall be deemed continuing, so as to require supplemental production if you receive or generate additional documents in the designated categories between the time of original production and the time of trial. You are under a duty promptly to amend prior responses to these requests if you obtain information upon the basis of which you or anyone on Your behalf knows the response, though thought to be correct when made, is not true or is no longer true. 10. Any capitalized words, or words or phrases in quotation marks which are not otherwise defined shall have the meaning provided or intended in the Complaint. TERMS 1. “And” and “or” should be construed either disjunctively or conjunctively as necessary to bring within the scope of the Request the broadest range of information. 2. “Action” means this action. 3. “Communication” shall mean any oral or written utterance, notation, or statement of any nature whatsoever, by and to whomsoever made, including, but not limited to, correspondence, conversations, representations, meetings, conferences, telephone conversations, emails, text messages, instant messaging through social networks, interviews, dialogues, discussions, statements, interviews, consultations, agreements, negotiations, and other understandings between or among two or more persons or entities and the date(s) of same. 4. “Complaint” means the Complaint, filed in this Action on 5/17/19. 5. “Date” means the day, month, and year of the occurrence to which the Request refers. If any of these components is not known and/or available, so state and provide as close an approximation as possible to the requested date. 6. “Date of Loss” means 9/10/17 but shall include time period prior to and after that date where any activity associated with Hurricane Irma impacted the Property as alleged in the Complaint. 7. “Defendant” or “Carrier” means CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, and includes its current and former representatives, attorneys, agents, employees, and any person currently or formerly acting for it or on its behalf. 8. “Document” or words of similar import, in the singular or plural shall include and mean, without limitation, the original and copies of any written, recorded, or graphic matter, however produced and reproduced, including, but not limited to all ESI, letters, telegrams, telexes, facsimiles, correspondence, reports, change proposals, change orders, certifications, memoranda, agreements, contracts, contract modifications, field directives, work orders, recordings, memorial of telephone conversations or meetings or conferences, interoffice and intra-office communications, work papers, cost sheets, estimating sheets, bids, invoices, bills, handwritten notes, minutes, handwritten drafts, resolutions, press releases, statements, transcripts, leases, subleases, positions listings, transfer orders, desk calendars, personal appointment pads, appointment books, diaries, rolodex cards, telephone bills, expense account statements, expensevouchers, credit card charges, credit card receipts, travel records, receipts, cancelled checks or other instruments of payment or indicia of payment, bank statements, endorsements, account statements, deposit slips, credit memoranda, debit memoranda, loan agreements, notices, guarantees, records of collateral, notes or other instruments of indebtedness, confirmations, comparisons, acknowledgements, analyses, portfolios, ledgers, ledger sheets, books of account, journals, audits, accountants’ reports, filings with any governmental agency, financial statements, corporate records, purchase orders, time cards, attendance records, maintenance records, work records, progress reports, drawings, working drawings, shop drawings, sketches, diagrams or other writings of any nature whatsoever [whether written, handwritten, typed, Xeroxed, Photostatted, printed, duplicates, reproduced, recorded or drafted, however produced or reproduced, (including magnetic impulse, mechanical or electrical transcription, or laser-readable recordings such as those that are stored on computer hard drives, disks, flash drives, external drives, tapes, or other media)], or any matter or thing that by itself or in connection with other matters or things will produce an intelligible image or sound containing, reflecting, or recording, in whole or in part, any information (including, without limitation, any correspondence, communication, discussion, conclusion, report, recordation or notation) arising out of or concerning the subject matter addressed (including, without limitation, all interim as well as final drafts, non-identical copies, reports, pictures, drawings, sketches, work sheets, diagrams, handwritten notes, or other recorded material of any kind or nature). Documents related to solely to allegations Defendant has admitted in its Answer do not need to be produced. Documents include “Communications”, as that term is herein defined. 9. “ESI” shall mean Electronically Stored Information, which is information created, manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer hardware and software, and includes, but is not limited to: all e-mails and attachments, instant messages, text messages, blogs, tweets, wikis, forum comments, social media communications of any kind (YouTube, AOL, Yahoo, Facebook, MySpace, MSN, Google, Twitter, Google Plus, and the like), voicemails, videos, word processing documents, calendars, spreadsheets, Power Points and other presentations, databases, and archived data (PST files, Zip files, backups, and the like). 10. “Evidencing”, “supporting”, “concerning”, “regarding”, “reflecting”, “pertaining to,” “relating/related to,” or any variant thereof include, but are not limited to, the following meanings: bearing upon, addressing, respecting, discussing, mentioning, describing, responding to, identifying, constituting, having to do with, or being in any way relevant to the given subject matter. 11. “Expert witness” includes and shall mean a person who, because of education, training, or experience, possesses knowledge of a specialized nature beyond that of the average person on a fact material to a claim or defense in this Action and who may be expected to render an opinion within his/her expertise at trial. He/she may be an employee of a party or an independent contractor. He/she may also be a party or an employee of a party who will render an opinion within his/her expertise at the time of trial. This definition explicitly excludes a person who is solely and exclusively a bona fide “consulting expert witness”, i.e., an expert witness who serves solely in a consulting capacity and who will not testify in this Lawsuit, but only to the extent that any Documents provided to or received from such a “consulting expert witness” are properly identified in a privilege log.eee 12. “Including” means ‘“including but not limited to.” 13. “Identify” means: . As to an individual, stating his or her: 1) Full and customarily used names; 2) Present residence address and business address; 3) Residence address and business address during the relevant time period; 4) Business or professions during the relevant time periods; 5) Every office, title, or position held during the relevant time period; and 6) Every employer during the relevant time period, stating the name and present or last known address of each such employer. . As to any person other than an individual, stating: 1) Its legal name and any other names used by it; 2) The form or manner of its organization (e.g., partnership, corporation, etc.); and 3) The state of its incorporation (if it is incorporated) and the address of its principal place of business. . As to a document or written communication, stating: 1) The date of its creation, execution, and receipt; 2) Its author or signatory; 3) Its addressee and every other recipient or person having knowledge of its contents or whereabouts; 4) Its type or nature (e.g., letter, memorandum, etc.), including its subject matter (which shall be stated with particularity); 5) The name and the business and home address of the custodian of the document; and 6) The present location of the document. . As to an event, transaction, or occurrence, stating; 1) Its date; and2) The place where it took place and the manner of its occurrence (e.g., face-to-face meeting of participants, telephone calls, etc.). E. As to an oral communication, stating: 1) By whom and to whom each such communication was made; 2) The date it was made; 3) The place at which it was made; 4) The identities of all persons present for all or part of the communication; and 5) The substance thereof. 14. “Information” means data of any kind recorded in any language, including machine language and recorded numerically, and in any form of expression. 15. “Person” refers to both natural persons and entities including, but not limited to, corporations, businesses, partnerships, joint ventures, unincorporated associations, trusts, estates, public agencies, departments, bureaus, and boards. Any reference to a person includes that person’s officers, directors, agents, employees, attorneys, and anyone acting on behalf of or under the control of that person. 16. “Plaintiff? means SFR Services, LLC acting in its capacity as an assignee of the Insured, and current and former representatives, attorneys, agents, employees, and any person currently or formerly acting for or on behalf of same. 17. “Pleading” means all complaints, answers, replies, counterclaims, cross-claims, third-party complaints, intervening complaints, interpleader complaints, and all responses to same, including all documents including in the definition in Rule 1.100(a), Fla. R. Civ. P. 18. | “Produce” means to make available the documents and tangible things requested herein for inspection and copying or to furnish legible copies thereof. Documents shall be produced in the order they are kept in the usual course of business or in an order that corresponds with the categories of this request and labeled as such. If any document or tangible thing requested was at any time, but is not now, in Your possession or custody or subject to Your control, it shall be stated what disposition was made of such document or tangible thing and when such disposition occurred. If you decline to produce any document or tangible thing requested hereinafter on the basis of any privilege known in the law, you shall, at the time of production designated herein, as to each such document or tangible thing, provide the following written information pertaining to such document or tangible thing: A. its date, or if not dated, the date it was prepared or received; B. the type of document (e.g., letter, memorandum, telegram, chart photograph, reproduction);the author and addressee, including the names of all persons receiving a copy; . its present location; the identity of the individual or person who is presently the custodian or custodians thereof; a general description of its contents; a7 moa . the identity of each person who received a copy of the document and the relationship of such person to you; H. whether such document contains or relates to facts or opinions, or both; and I. the nature of the privilege (e.g., work product, attorney-client, etc.) that you claim with respect to such document or tangible thing and the circumstances relied upon to support the claim of privilege. 19. “Policy” means the contract of insurance described in paragraph 5 of the Complaint. 20. “Property” or “Insured Property” means the property located at 1940 Crestview Way, Naples, FL 34119, including all buildings and other improvements which are covered by the Policy. 21. “Witness(es)” include and shall mean any and all persons having knowledge of facts pertaining to the Action. 22. “You”, “Your”, and “Defendant” refer to CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, and unless privileged, attorneys, agents or representatives thereof. PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT INTERROGATORY NO. 1: State Your complete corporate name, the 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 Collier County, Florida, whether your name as it appears in the Complaint is correct, and if, such name is incorrect, Your full legal name. ANSWER: INTERROGATORY NO. 2: Identify every Person who assisted in answering these Interrogatories and the Interrogatory number or numbers for which such assistance was provided. Alternatively, provide the requested Information before each answer. ANSWER:INTERROGATORY NO. 3: Identify every Witness with knowledge of the allegations in the Complaint and any other pleading in the Lawsuit, and Identify with specificity (for example, answering “The witness has knowledge of the allegations in the Complaint” would be insufficient) the knowledge of each Witness as it relates to allegations in the pleadings, and their address, phone number, email address, place of employment, and title. If you took a statement from any Witness, Identify the statement, including the subject matter, date of such statement, and the medium of the statement, e.g., whether it is in writing, an audio recording, or some other medium. ANSWER: INTERROGATORY NO. 4: Identify Communications between You and any Person (including the Insured) regarding the facts underlying the allegations in the Complaint. ANSWER: INTERROGATORY NO. 5: Identify Communications between You and the Plaintiff regarding the allegations in the Complaint. ANSWER: INTERROGATORY NO. 6: Identify with specificity each fact known to You about the nature of the Plaintiff's (or the Insured’s) request for coverage and all Information You have indicating the losses are not covered, whether in part or in whole. ANSWER: INTERROGATORY NO. 7: Identify all defenses which You reasonably believe are available regarding the Complaint. Identify the complete factual basis for any such defenses, including, as may apply, the dates, Documents, and Policy provisions which are relevant to such defenses, as well as the names, addresses, employers, and titles of any Witness who has knowledge of the facts which provide the basis for any such defenses. If the defense is derived from the Policy, statute, or case law, Identify the authority for the defense. ANSWER: INTERROGATORY NO. 8 Identify 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 (or theInsured’s) claim and Identify the capacity in which they were involved, the date(s) they were involved, the nature of their involvement, and, if You will not produce such persons for deposition, trial, or evidentiary hearing without a subpoena, Identify their address, telephone number, and email address. ANSWER: INTERROGATORY NO. 9: Identify how much money You or Your representatives have paid any consultants who examined the Property including engineers, contractors, or roofers for any reason whatsoever. Please break down such amounts by calendar year. ANSWER: INTERROGATORY NO. 10: Identify how many times You, or anyone on Your behalf, have hired the individuals or entities who examined the Property in connection with the claim referenced in the Complaint including engineers, contractors, or roofers for any reason whatsoever from 2013 to the present. ANSWER: INTERROGATORY NO. 11: Identify the date You first anticipated litigation with respect to this Claim and the facts that caused You to anticipate litigation. ANSWER:I SWEAR, UNDER PENALTY OF PERJURY, THAT THE FOREGOING ANSWERS ARE TRUE AND CORRECT. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY Sign Print Name/Title STATE OF COUNTY OF SWORN TO and subscribed before me this day of > 2019, by CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, who is personally known to me or who has produced as identification and who did take an oath. NOTARY PUBLIC: Sign: Print: State of (Seal) My Commission Expires:Filing # 90735593 E-Filed 06/07/2019 10:12:51 AM ahA34+ ft " Exhibit "B IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA SFR SERVICES, LLC, Case No.: 2019-CA-2012 Plaintiff, Vv. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFF, SFR SERVICES, LLC’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT Plaintiff, SFR SERVICES, LLC, by and through the undersigned counsel, hereby requests that Defendant, CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, pursuant to Fla. R. Civ. P. 1.350 answer separately and fully the following Request for Production within forty-five (45) days from the date of service hereof. INSTRUCTIONS 1. Electronically Stored Information (ESI): The vast majority of information nowadays is stored electronically. The term “documents” necessarily includes ESI. Therefore, in addition to searching papers and physical files, you are required by law to search all possible electronic data locations, including, but not limited to: home computers, work computers, e-mail providers, servers, personal digital assistants (PDA’s), such as an Android® or Apple iPhone®, which may hold text messages and Microsoft Office Outlook® calendar entries, portable media such as thumb drives, CD’s and memory sticks, digital phone systems, online mail systems, archival systems, and other locations on the Internet. Even if certain ESI was altered, modified or deleted, it is still considered “reasonably accessible data” for purposes of e-discovery and must be produced. 2. Spoliation Warning: ESI can be easily altered, deleted or otherwise modified. Please be advised that such actions can be discovered by forensic experts and the penalties are extremely severe. To avoid even the perception of spoliation of evidence, you must take active measures to preserve all ESI, even if it is received from third parties during the case. It is not enough to only retain paper copies, because ESI contains more information than paper copies. 3. Search Methodologies: When searching for ESI, you must keep records of Your search methodologies, including the data locations you searched and on what dates, the keywords, names, phrases, file extensions and e-mail addresses you searched, the date ranges you applied,and other information such that a judge may determine the sufficiency of Your search. If you are not competent to perform these searches Yourself, you have a legal duty to utilize the services of someone who is competent to do so. 4. Possession, Custody or Control: By law, you must produce all documents (again, including ESI) in Your possession, custody or control. You cannot refuse production on the grounds that certain information is on someone else’s computer in Your home, or is held by Your bank, or by Your employer. If you have the ability to access the documents, then they must be produced. If you have never had control of a particular document but you know who might, you must identify that person or entity by name, address and phone number in Your written response. Ifa document responsive to these requests was at any time in Your possession, custody or control, but is now no longer available for production, you must state in Your written response what happened to the document, when, and who might possess a copy of it. 5. Privilege Logs: Certain documents may be privileged. You must consult with an attorney to determine whether privileges were preserved or waived, such as by copying third persons on e-mails to attorneys. If you withhold documents based on a privilege, you must identify the privilege claimed as well as each document for which such privilege is claimed and provide the relevant date and the name of all persons who received the document. To the extent you produce a valid privilege log, the requests below should be considered to request non-privileged documents. Further, for any document you are claiming privilege, identify any policy provisions, statutory language, or case law which serves as the basis for the privilege. 6. Redactions. Whenever a document is not produced in full or is produced in redacted form, you must include these redactions on Your privilege log, supplying the same information requested above for privilege logs. 7. Form of Production. All paper documents should be produced with Bates numbers to help the parties identify them in the future. Each response to each request should identify the Bates numbers for the documents which are responsive to that request (e.g., in response to Request No. 1, you might write, “Please see Bates 1-100 and 150-200.”) All ESI must be produced in native form (the form in which it was created), searchable by optical character recognition (OCR). For email chains, you only need to produce the most recent email, as long as it contains all of the previous emails. 8. Inclusiveness. Where you believe a request could be construed broadly or narrowly, you are to use the broadest possible interpretation of the request. For example, “any” includes “all.” “Document” means any information that is stored anywhere and in any form, whether in handwritten notes, typed text, charts, lists, graphs, phone records, committee minutes, photos, tape, video, or otherwise, including the original and all copies thereof which are different in any way from the original. 9. Agents for Persons and Entities. Where a request refers to a person or entity, you must answer not only as to that person or entity, but also as to persons acting or purporting to act on their behalf, including but not limited to present and former agents, attorneys, accountants, employees, independent contractors, investigators, consultants and other representatives.10. | Date Ranges. The relevant time frame for these requests is 9/9/2015, to present unless otherwise stated. DEFINITIONS The following applies to each and every term and request herein: 1. The use of a verb in any tense shall be construed as the use of a verb in all other tenses, whenever necessary to bring within the scope of the specification of all responses which might otherwise be construed to be outside its scope. 2. Terms of the singular include the plural intent and the plural include the singular, unless otherwise specifically defined in these definitions. 3. If You desire confidentiality for business reasons for any of the discovery sought, contact the undersigned counsel in advance of Your production deadline with proposed language for an agreement to that effect, identifying all types of documents for which protection is sought and the reasons for their confidentiality. 4. These requests seek all documents in Your possession, custody, or control, from whatever source obtained, including documents in the possession of any of Your present and former officers, directors, employees, agents, attorneys, investigators, accountants, or consultants. The documents produced in response to these requests shall be: (1) organized and designated to correspond to the categories in these requests; or (2) produced as they were kept in the usual course of business. All documents which cannot be legibly copied shall be produced in their original form. 5. Each request for documents to be produced, whether memoranda, reports, letters, or other documents of any description, contemplates production of the document in its entirety, without abbreviation or expurgation. 6. If a request is made for production of documents which are no longer in Your possession, custody, and/or control, state: when such documents were most recently in Your possession, custody, and/or control; what dispositions were made of them (when, why, by whom); and the identity of the person believed to be presently in possession, custody, and/or control of the documents. If a document has been destroyed, state when such document was destroyed, identify the person who destroyed the document, identify the person(s) who directed that the document be destroyed, and state the reasons the document was destroyed. 7. If there are no responsive documents to a request, so state in writing. 8. All information and documents to which you claim privilege or statutory authority as grounds for non-disclosure shall be identified as required by applicable rules or by date, title, type of document (e.g., memorandum, report, chart, etc.), subject matter (without revealing the information to which privilege or statutory authority is claimed), and the factual and legal basis for the claimed privilege or a specific statutory authority which provides the claimed ground for non-disclosure.9. To the extent authorized or required by law, these requests shall be deemed continuing, so as to require supplemental production if you receive or generate additional documents in the designated categories between the time of original production and the time of trial. You are under a duty promptly to amend prior responses to these requests if you obtain information upon the basis of which you or anyone on Your behalf knows the response, though thought to be correct when made, is not true or is no longer true. 10. Any capitalized words, or words or phrases in quotation marks which are not otherwise defined shall have the meaning provided or intended in the Complaint. TERMS 1. “Action” means this action. 2. “And” and “or” should be construed either disjunctively or conjunctively as necessary to bring within the scope of the Request the broadest range of information. 3. “Communication” shall mean any oral or written utterance, notation, or statement of any nature whatsoever, by and to whomsoever made, including, but not limited to, correspondence, conversations, representations, meetings, conferences, telephone conversations, emails, text messages, instant messaging through social networks, interviews, dialogues, discussions, statements, interviews, consultations, agreements, negotiations, and other understandings between or among two or more persons or entities and the date(s) of same. 4. “Complaint” means the Complaint, filed in this Action on 5/17/19. 5. “Date” means the day, month, and year of the occurrence to which the Request refers. If any of these components is not known and/or available, so state and provide as close an approximation as possible to the requested date. 6. “Date of Loss” means 9/10/17 but shall include time period prior to and after that date where any activity associated with Hurricane Irma impacted the Property as alleged in the Complaint. 7. “Defendant” or “Carrier” means CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, and includes its current and former representatives, attorneys, agents, employees, and any person currently or formerly acting for it or on its behalf. 8. “Document” or word of similar import, in the singular or plural shall include and mean, without limitation, the original and copies of any written, recorded, or graphic matter, however produced and reproduced, including, but not limited to all ESI, letters, telegrams, telexes, facsimiles, correspondence, reports, change proposals, change orders, certifications, memoranda, agreements, contracts, contract modifications, field directives, work orders, recordings, memorial of telephone conversations or meetings or conferences, interoffice and intra-office communications, work papers, cost sheets, estimating sheets, bids, invoices, bills, handwritten notes, minutes, handwritten drafts, resolutions, press releases, statements, transcripts, leases, subleases, positions listings, transfer orders, desk calendars, personal appointment pads, appointment books, diaries, rolodex cards, telephone bills, expense account statements, expensevouchers, credit card charges, credit card receipts, travel records, receipts, cancelled checks or other instruments of payment or indicia of payment, bank statements, endorsements, account statements, deposit slips, credit memoranda, debit memoranda, loan agreements, notices, guarantees, records of collateral, notes or other instruments of indebtedness, confirmations, comparisons, acknowledgements, analyses, portfolios, ledgers, ledger sheets, books of account, journals, audits, accountants’ reports, filings with any governmental agency, financial statements, corporate records, purchase orders, time cards, attendance records, maintenance records, work records, progress reports, drawings, working drawings, shop drawings, sketches, diagrams or other writings of any nature whatsoever [whether written, handwritten, typed, Xeroxed, Photostatted, printed, duplicates, reproduced, recorded or drafted, however produced or reproduced, (including magnetic impulse, mechanical or electrical transcription, or laser-readable recordings such as those that are stored on computer hard drives, disks, flash drives, external drives, tapes, or other media)], or any matter or thing that by itself or in connection with other matters or things will produce an intelligible image or sound containing, reflecting, or recording, in whole or in part, any information (including, without limitation, any correspondence, communication, discussion, conclusion, report, recordation or notation) arising out of or concerning the subject matter addressed (including, without limitation, all interim as well as final drafts, non-identical copies, reports, pictures, drawings, sketches, work sheets, diagrams, handwritten notes, or other recorded material of any kind or nature). Documents related to solely to allegations Defendant has admitted in its Answer do not need to be produced. Documents include “Communications”, as that term is herein defined. 9. “ESI” shall mean Electronically Stored Information, which is information created, manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer hardware and software, and includes, but is not limited to: all e-mails and attachments, instant messages, text messages, blogs, tweets, wikis, forum comments, social media communications of any kind (YouTube, AOL, Yahoo, Facebook, MySpace, MSN, Google, Twitter, Google Plus, and the like), voicemails, videos, word processing documents, calendars, spreadsheets, Power Points and other presentations, databases, and archived data (PST files, Zip files, backups, and the like). 10. “Evidencing”, “supporting”, “concerning”, “regarding”, “reflecting”, “pertaining to,” “relating/related to,” or any variant thereof include, but are not limited to, the following meanings: bearing upon, addressing, respecting, discussing, mentioning, describing, responding to, identifying, constituting, having to do with, or being in any way relevant to the given subject matter. 11. “Expert witness” includes and shall mean a person who, because of education, training, or experience, possesses knowledge of a specialized nature beyond that of the average person on a fact material to a claim or defense in this Action and who may be expected to render an opinion within his/her expertise at trial. He/she may be an employee of a party or an independent contractor. He/she may also be a party or an employee of a party who will render an opinion within his/her expertise at the time of trial. 12. “Including” means ““including but not limited to.” 13. “Identify” means:. As to an individual, stating his or her: 1) Full and customarily used names; 2) Present residence address and business address; 3) Residence address and business address during the relevant time period; 4) Business or professions during the relevant time periods; 5) Every office, title, or position held during the relevant time period; and 6) Every employer during the relevant time period, stating the name and present or last known address of each such employer. . As to any person other than an individual, stating: 1) Its legal name and any other names used by it; 2) The form or manner of its organization (e.g., partnership, corporation, etc.); and 3) The state of its incorporation (if it is incorporated) and the address of its principal place of business. . As to a document or written communication, stating: 1) The date of its creation, execution, and receipt; 2) Its author or signatory; 3) Its addressee and every other recipient or person having knowledge of its contents or whereabouts; 4) Its type or nature (e.g., letter, memorandum, etc.), including its subject matter (which shall be stated with particularity); 5) The name and the business and home address of the custodian of the document; and 6) The present location of the document. . As to an event, transaction, or occurrence, stating; 1) Its date; and 2) The place where it took place and the manner of its occurrence (e.g., face-to-face meeting of participants, telephone calls, etc.) . As to an oral communication, stating:1) By whom and to whom each such communication was made; 2) The date it was made; 3) The place at which it was made; 4) The identities of all persons present for all or part of the communication; and 5) The substance thereof. 14. “Information” means data of any kind recorded in any language, including machine language and recorded numerically, and in any form of expression. 15. “Person” refers to both natural persons and entities including, but not limited to, corporations, businesses, partnerships, joint ventures, unincorporated associations, trusts, estates, public agencies, departments, bureaus, and boards. Any reference to a person includes that person’s officers, directors, agents, employees, attorneys, and anyone acting on behalf of or under the control of that person. 16. “Plaintiff? means SFR Services, LLC acting in its capacity as an assignee of the Insured, and current and former representatives, attorneys, agents, employees, and any person currently or formerly acting for or on behalf of same. 17. “Pleading” means all complaints, answers, replies, counterclaims, cross-claims, third-party complaints, intervening complaints, interpleader complaints, and all responses to same, including all documents including in the definition in Rule 1.100(a), Fla. R. Civ. P. 18. “Policy” means the contract of insurance described in paragraph 5 of the Complaint. 19. “Produce” means to make available the documents and tangible things requested herein for inspection and copying or to furnish legible copies thereof. Documents shall be produced in the order they are kept in the usual course of business or in an order that corresponds with the categories of this request and labeled as such. If any document or tangible thing requested was at any time, but is not now, in Your possession or custody or subject to Your control, it shall be stated what disposition was made of such document or tangible thing and when such disposition occurred. If you decline to produce any document or tangible thing requested hereinafter on the basis of any privilege known in the law, you shall, at the time of production designated herein, as to each such document or tangible thing, provide the following written information pertaining to such document or tangible thing: A. its date, or if not dated, the date it was prepared or received; B. the type of document (e.g., letter, memorandum, telegram, chart photograph, reproduction); C. the author and addressee, including the names of all persons receiving a copy;. its present location; the identity of the individual or person who is presently the custodian or custodians thereof; a general description of its contents; Qo = m@ GU . the identity of each person who received a copy of the document and the relationship of such person to you; H. whether such document contains or relates to facts or opinions, or both; an