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Filing # 107557527 E-Filed 05/15/2020 04:25:27 PM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN
AND FOR COLLIER COUNTY, FLORIDA
)
SFR SERVICES, LLC, )
)
Plaintiff, )
)
v. )
)
CYPRESS PROPERTY & CASUALTY ) UCN: 11-2019-CA-002012-0001-XX
INSURANCE COMPANY, )
)
Defendant. )
)
DEFENDANT CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY’S
TRIAL WITNESS LIST
Defendant, Cypress Property & Casualty Insurance Company, by and through
undersigned counsel, and pursuant to the Agreed Case Management Plan and Order, hereby files
its Trial Witness List. Defendant hereby identifies fact and expert witnesses who will or may be
called at the time of trial, in person or by deposition, as follows:
1. Shawn Fendone (Fact)
Allied Restoration & Construction
4011 Warehouse Road, Suite A
Fort Myers, FL 33916
Field inspector who is expected to testify concerning inspection of the Insured’s
property on January 31, 2019 and evaluation of claimed damages.
2. John Tedesco (Fact)
CCMS & Associates
1497 Main Street, Suite 170
Dunedin, FL 34698
Adjuster and estimator who is expected to testify concerning his repair estimate.
3. Thomas McCarthy (Fact)
14911 Queensgreen Drive
Naperville, IL 60563
The Insured is expected to testify concerning the agreement with Plaintiff, the
cause(s) of the reported claim; any maintenance, mitigation, and/or repairs
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 05/15/2020 04:25:27 PM10.
performed prior to and following the reported claim; the nature, scope, and
amount of claimed damages; communication with Defendant and_ its
representatives; Defendant's claim investigation and coverage determination.
Ricky McGraw (Fact)
SFR Services L.L.C.
c/o Aaron Thalwitzer, Esq.
Gordon & Thalwitzer
257 N. Orlando Avenue
Cocoa Beach, FL 32931
Mr. McGraw is expected to testify concerning Plaintiffs agreement with the
Insured, claimed damages, and services performed for the Insured.
Steven Pace, P.E. (Expert)
Donan Engineering Co., Inc.
12450 Lake Station Place
Louisville, KY 40299
Mr. Pace is a Florida Licensed Professional Engineer. Mr. Pace will offer
testimony on matters related to causation of claimed damages. His opinions will
be based upon his education, training and experience, inspection of the property
on April 23, 2019, review and analysis of reports and estimates by others obtained
during discovery relating to the Insured’s property and alleged occurrences at the
Insured’s residence, any repairs performed, maintenance records, deposition
transcripts and other related documents. A copy of Mr. Pace’s report dated May
2, 2019 was previously produced. Mr. Pace’s Professional Profile is attached
hereto.
SFR Services L.L.C. Person With Most Knowledge (Fact)
And/or Corporate Representative
c/o Aaron Thalwitzer, Esq.
Gordon & Thalwitzer
257 N. Orlando Avenue
Cocoa Beach, FL 32931
Plaintiff's Corporate Representative(s) and/or Person(s) with Most Knowledge are
expected to testify concerning Plaintiffs agreement with the Insured, claimed
damages, and services performed for the Insured.
Any witness listed or called by Plaintiff for any purpose so listed.
Any witnesses necessary for impeachment and/or rebuttal.
Any Records Custodian(s) as necessary.
. All witnesses identified in discovery, now or in the future, including Answers to
Interrogatories, Responses to Requests to Produce and depositions.Defendant reserves the right to amend this Witness List upon notice to Plaintiff.
Dated: May _15__, 2020.
CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY, Defendant,
By: _/s/ Steven G. Schwartz
Steven G. Schwartz, Esquire
Florida Bar No. 911471
Schwartz Law Group
6751 N. Federal Highway, #400
Boca Raton, Florida 33487
Ph: (561) 395-4747
Fx: (561) 367-1550
Email: sgs@theschwartzlawgroup.com
Email: eservice@theschwartzlawgroup.com
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the party listed below by ____—-U.S..
Mail; _X Email; Overnight Mail; __— Facsimile; __—~sHand delivery; on this_15 day
of May, 2020.
/s/_ Steven G. Schwartz
Steven G. Schwartz, Esquire
SERVICE LIST
Counsel for Plaintiff, SFR Services, LLC
Aaron Thalwitzer, Esq.
Gordon & Thalwitzer
257 N. Orlando Avenue
Cocoa Beach, Florida 32931
Ph: (321) 799-4777
Email: aaron@brevardlegal.com
Email: nwatts@brevardlegal.com
Email: jfalatek@brevardlegal.com
L:AOPEN FILES\394309\Pleadings\Cypress Fact Witness Disclosure.docxPROFESSIONAL PROFILE
Steven Pace, P.E.
Forensic Engineer
800-482-5611 Ext: 1200
space@donan.com
Based Out Of: Alabama
Send Correspondence To:
12450 Lake Station Place
Louisville KY, 40299
BIOGRAPHY
Mr. Pace joined Donan in 2016 and currently serves as a Forensic Engineer based out of the firm’s Birmingham, Alabama
office. He began his engineering career in 2000 and has worked in the following industries: civil construction, forensic, and
transportation engineering. Steven’s areas of expertise are blasting and construction activity damage, concrete construction,
construction defects, construction site negligence, fire and smoke damage, flood/catastrophe response, highway construction/
design, licensed general contractor, maritime-design, construction, and maintenance, residential and commercial roofing, storm
and waste water, and utility design/construction, among others.
He is a licensed professional engineer in Alabama, Arkansas, Connecticut, Florida, Georgia, Hawaii, Kentucky, Louisiana,
Maryland, Massachusetts, Missouri, Mississippi, New York, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and
Virginia, as well as a Certified Bridge and Mold Inspector. He holds a Bachelor of Science degree from Auburn University in Civil
Engineering.
REPRESENTATIVE EXPERTISE CERTIFICATIONS & LICENSES (conTINUED)
Blasting and Construction Activity Damage
Concrete Construction
Construction Defects
Construction Site Negligence
Professional Engineer, South Carolina
Professional Engineer, Tennessee
Professional Engineer, Texas
Professional Engineer, Vi
Fire and Smoke Damage Certified Bridge Inspector
Flood/Catastrophe Response Certified Mold Inspector
Highway Construction/Design
Licensed General Contractor
Maritime-Design, Construction and Maintenance
Residential and Commercial Roofing EDUCATION
Storm and Waste Water 1999
Utility Design/Construction
CERTIFICATIONS & LICENSES RELEVANT EXPERIENCE
Professional Engineer, Arkansas 2016 - Present DONAN
Professional Engineer, Connecticut
Professional Engineer, Florida
Professional Engineer, Georgia
Professional Engineer, Hawaii 2015 - 2016
Professional Engineer, Kentucky
Professional Engineer, Louisiana
Professional Engineer, Maryland
Auburn University
Birmingham, AL.
Forensic Engineer
Eady Contracting Inc.
Russellville, AL.
Chief Engineer - Consultant
Professional Engineer, Massachusetts 2014 - 2015 Rutherford Contracting Inc
Professional Engineer, Missouri Madison, AL
Professional Engineer, Mississippi Chief Engineer
Professional Engineer, New York
Professional Engineer, North Carolina
Professional Engineer, Oklahoma
Q OTST
ameRELEVANT EXPERIENCE (CONTINUED)
2009 - 2014 Tri-County Construction Inc
Hamilton, AL
President/COO
2005 - 2009 Tri-County Construction Inc.
Guin, AL
Project Engineer/General Superintendent
2000 - 2005 Marion County Engineers Office
Hamilton, AL.
Assistant County Engineer
COURSES TAUGHT
2019 Blasting and Residential Damage, Amica,
Tampa, FL.
Q OTST
ame
Preview
Filing # 107557527 E-Filed 05/15/2020 04:25:27 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ) SFR SERVICES, LLC, ) ) Plaintiff, ) ) v. ) ) CYPRESS PROPERTY & CASUALTY ) UCN: 11-2019-CA-002012-0001-XX INSURANCE COMPANY, ) ) Defendant. ) ) DEFENDANT CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY’S TRIAL WITNESS LIST Defendant, Cypress Property & Casualty Insurance Company, by and through undersigned counsel, and pursuant to the Agreed Case Management Plan and Order, hereby files its Trial Witness List. Defendant hereby identifies fact and expert witnesses who will or may be called at the time of trial, in person or by deposition, as follows: 1. Shawn Fendone (Fact) Allied Restoration & Construction 4011 Warehouse Road, Suite A Fort Myers, FL 33916 Field inspector who is expected to testify concerning inspection of the Insured’s property on January 31, 2019 and evaluation of claimed damages. 2. John Tedesco (Fact) CCMS & Associates 1497 Main Street, Suite 170 Dunedin, FL 34698 Adjuster and estimator who is expected to testify concerning his repair estimate. 3. Thomas McCarthy (Fact) 14911 Queensgreen Drive Naperville, IL 60563 The Insured is expected to testify concerning the agreement with Plaintiff, the cause(s) of the reported claim; any maintenance, mitigation, and/or repairs FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 05/15/2020 04:25:27 PM10. performed prior to and following the reported claim; the nature, scope, and amount of claimed damages; communication with Defendant and_ its representatives; Defendant's claim investigation and coverage determination. Ricky McGraw (Fact) SFR Services L.L.C. c/o Aaron Thalwitzer, Esq. Gordon & Thalwitzer 257 N. Orlando Avenue Cocoa Beach, FL 32931 Mr. McGraw is expected to testify concerning Plaintiffs agreement with the Insured, claimed damages, and services performed for the Insured. Steven Pace, P.E. (Expert) Donan Engineering Co., Inc. 12450 Lake Station Place Louisville, KY 40299 Mr. Pace is a Florida Licensed Professional Engineer. Mr. Pace will offer testimony on matters related to causation of claimed damages. His opinions will be based upon his education, training and experience, inspection of the property on April 23, 2019, review and analysis of reports and estimates by others obtained during discovery relating to the Insured’s property and alleged occurrences at the Insured’s residence, any repairs performed, maintenance records, deposition transcripts and other related documents. A copy of Mr. Pace’s report dated May 2, 2019 was previously produced. Mr. Pace’s Professional Profile is attached hereto. SFR Services L.L.C. Person With Most Knowledge (Fact) And/or Corporate Representative c/o Aaron Thalwitzer, Esq. Gordon & Thalwitzer 257 N. Orlando Avenue Cocoa Beach, FL 32931 Plaintiff's Corporate Representative(s) and/or Person(s) with Most Knowledge are expected to testify concerning Plaintiffs agreement with the Insured, claimed damages, and services performed for the Insured. Any witness listed or called by Plaintiff for any purpose so listed. Any witnesses necessary for impeachment and/or rebuttal. Any Records Custodian(s) as necessary. . All witnesses identified in discovery, now or in the future, including Answers to Interrogatories, Responses to Requests to Produce and depositions.Defendant reserves the right to amend this Witness List upon notice to Plaintiff. Dated: May _15__, 2020. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant, By: _/s/ Steven G. Schwartz Steven G. Schwartz, Esquire Florida Bar No. 911471 Schwartz Law Group 6751 N. Federal Highway, #400 Boca Raton, Florida 33487 Ph: (561) 395-4747 Fx: (561) 367-1550 Email: sgs@theschwartzlawgroup.com Email: eservice@theschwartzlawgroup.com CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the party listed below by ____—-U.S.. Mail; _X Email; Overnight Mail; __— Facsimile; __—~sHand delivery; on this_15 day of May, 2020. /s/_ Steven G. Schwartz Steven G. Schwartz, Esquire SERVICE LIST Counsel for Plaintiff, SFR Services, LLC Aaron Thalwitzer, Esq. Gordon & Thalwitzer 257 N. Orlando Avenue Cocoa Beach, Florida 32931 Ph: (321) 799-4777 Email: aaron@brevardlegal.com Email: nwatts@brevardlegal.com Email: jfalatek@brevardlegal.com L:AOPEN FILES\394309\Pleadings\Cypress Fact Witness Disclosure.docxPROFESSIONAL PROFILE Steven Pace, P.E. Forensic Engineer 800-482-5611 Ext: 1200 space@donan.com Based Out Of: Alabama Send Correspondence To: 12450 Lake Station Place Louisville KY, 40299 BIOGRAPHY Mr. Pace joined Donan in 2016 and currently serves as a Forensic Engineer based out of the firm’s Birmingham, Alabama office. He began his engineering career in 2000 and has worked in the following industries: civil construction, forensic, and transportation engineering. Steven’s areas of expertise are blasting and construction activity damage, concrete construction, construction defects, construction site negligence, fire and smoke damage, flood/catastrophe response, highway construction/ design, licensed general contractor, maritime-design, construction, and maintenance, residential and commercial roofing, storm and waste water, and utility design/construction, among others. He is a licensed professional engineer in Alabama, Arkansas, Connecticut, Florida, Georgia, Hawaii, Kentucky, Louisiana, Maryland, Massachusetts, Missouri, Mississippi, New York, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia, as well as a Certified Bridge and Mold Inspector. He holds a Bachelor of Science degree from Auburn University in Civil Engineering. REPRESENTATIVE EXPERTISE CERTIFICATIONS & LICENSES (conTINUED) Blasting and Construction Activity Damage Concrete Construction Construction Defects Construction Site Negligence Professional Engineer, South Carolina Professional Engineer, Tennessee Professional Engineer, Texas Professional Engineer, Vi Fire and Smoke Damage Certified Bridge Inspector Flood/Catastrophe Response Certified Mold Inspector Highway Construction/Design Licensed General Contractor Maritime-Design, Construction and Maintenance Residential and Commercial Roofing EDUCATION Storm and Waste Water 1999 Utility Design/Construction CERTIFICATIONS & LICENSES RELEVANT EXPERIENCE Professional Engineer, Arkansas 2016 - Present DONAN Professional Engineer, Connecticut Professional Engineer, Florida Professional Engineer, Georgia Professional Engineer, Hawaii 2015 - 2016 Professional Engineer, Kentucky Professional Engineer, Louisiana Professional Engineer, Maryland Auburn University Birmingham, AL. Forensic Engineer Eady Contracting Inc. Russellville, AL. Chief Engineer - Consultant Professional Engineer, Massachusetts 2014 - 2015 Rutherford Contracting Inc Professional Engineer, Missouri Madison, AL Professional Engineer, Mississippi Chief Engineer Professional Engineer, New York Professional Engineer, North Carolina Professional Engineer, Oklahoma Q OTST ameRELEVANT EXPERIENCE (CONTINUED) 2009 - 2014 Tri-County Construction Inc Hamilton, AL President/COO 2005 - 2009 Tri-County Construction Inc. Guin, AL Project Engineer/General Superintendent 2000 - 2005 Marion County Engineers Office Hamilton, AL. Assistant County Engineer COURSES TAUGHT 2019 Blasting and Residential Damage, Amica, Tampa, FL. Q OTST ame