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Filing # 113051665 E-Filed 09/09/2020 10:01:35 AM
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’S RESPONSE TO PLAINTIFF’S NOTICE OF TAKING REMOTE
DEPOSITION DUCES TECUM OF STEVEN PACE OF DONAN ENGINEERING
Defendant, Cypress Property & Casualty Insurance Company, by and through undersigned
counsel and on behalf of Steven Pace, hereby serves its response to Plaintiff's Notice of Taking
Remote Deposition Duces Tecum of Steven Pace of Donan Engineering, and states as follows:
EXHIBIT “A”
1. Any and all non-previously-disclosed reports, statements, affidavits, and/or written
opinions you have prepared in relation to Claim # CFL200106339, regarding 1940
Crestview Way, Naples, FL 34119. (“Property”).
RESPONSE: None.
2. Any and all notes, memoranda, and other documents which you have created in connection
with your review of this matter.
RESPONSE: See such records produced in Exhibit 2.
3. Any and all documents upon which you relied to create any report, correspondence, or
other document which provides any opinion relative to this case.
RESPONSE: See records referenced in the Donan Engineering report dated May 2,
2019 and photographs produced in Exhibit 2, as well as records produced herewith
in Exhibit 3.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 09/09/2020 10:01:35 AM10.
Il.
12.
Any and all documents in which you state an opinion or conclusion in any way adverse to
any insurance company’s interests or position from the last ten years.
RESPONSE: None.
Any and all written communications with third parties related to this case.
RESPONSE: Upon information and belief, none.
Any and all written communications with the Defendant, unless privileged, related to this
case.
RESPONSE: See the Donan Engineering report dated May 2, 2019, produced in
Exhibit 2, as well as correspondence and records produced herewith in Exhibit 6.
Any and all articles, essays, books, studies, or other publications (whether considered
“scholarly” or not) related to repair, maintenance, or installation of roofs, or any part or
portion of a roof.
RESPONSE: Objection: vague and ambiguous.
Any and all photographs of the Property in their native format.
RESPONSE: See photographs produced in Exhibits 2 and 3.
Your updated CV.
RESPONSE: See Mr. Pace’s Professional Profile produced in Exhibit 9.
Your contract with the Defendant for your work in this case, and all invoices related to
same.
RESPONSE: See such records produced in Exhibit 6.
Any document reflecting the amounts of money the Defendant has agreed to pay you or
the company you work for, for your work on this case (including without limitation
amounts already paid and yet to be paid).
RESPONSE: See invoice produced in Exhibit 6.
Any document reflecting the amounts of money the Defendant has paid you for your work
on any other case within the last three years.
RESPONSE: None in Deponent’s possession.13.
14.
15.
16.
Any document reflecting the number of times and types of cases or matters in which you
have served as an expert for any insurance carrier in the last three years.
RESPONSE: None in Deponent’s possession.
Any document reflecting the number of times and types of cases or matters in which you
have served as an expert for any insured in the last three years.
RESPONSE: None in Deponent’s possession.
Any document reflecting the position you have taken regarding any property with a tile
roof that was allegedly damaged by windstorm or hurricane in the last three years.
RESPONSE: Objection: overly broad and burdensome; without waiver, upon
information and belief, none in Deponent’s possession.
All documents relied upon in preparing for this deposition.
RESPONSE: Objection: calls for attorney-client privileged information; without
waiver, see documents produced herewith.
Dated: September _9_, 2020.
CYPRESS PROPERTY & CASUALTY
INSURANCE COMPANY, Defendant,
By: /s/ Christopher Pasquale FBN: 41832 FOR
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.comCERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the party listed below by USS. Mail;
X_ Email; Overnight Mail; Facsimile; Hand delivery; on this__9 day of
September, 2020.
/s/_Christopher Pasquale FBN: 41832 FOR
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
LAOPEN FILES\394309\Pleadings\Cypress Resp to NOD DT-Pace.docx
Preview
Filing # 113051665 E-Filed 09/09/2020 10:01:35 AM 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’S RESPONSE TO PLAINTIFF’S NOTICE OF TAKING REMOTE DEPOSITION DUCES TECUM OF STEVEN PACE OF DONAN ENGINEERING Defendant, Cypress Property & Casualty Insurance Company, by and through undersigned counsel and on behalf of Steven Pace, hereby serves its response to Plaintiff's Notice of Taking Remote Deposition Duces Tecum of Steven Pace of Donan Engineering, and states as follows: EXHIBIT “A” 1. Any and all non-previously-disclosed reports, statements, affidavits, and/or written opinions you have prepared in relation to Claim # CFL200106339, regarding 1940 Crestview Way, Naples, FL 34119. (“Property”). RESPONSE: None. 2. Any and all notes, memoranda, and other documents which you have created in connection with your review of this matter. RESPONSE: See such records produced in Exhibit 2. 3. Any and all documents upon which you relied to create any report, correspondence, or other document which provides any opinion relative to this case. RESPONSE: See records referenced in the Donan Engineering report dated May 2, 2019 and photographs produced in Exhibit 2, as well as records produced herewith in Exhibit 3. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 09/09/2020 10:01:35 AM10. Il. 12. Any and all documents in which you state an opinion or conclusion in any way adverse to any insurance company’s interests or position from the last ten years. RESPONSE: None. Any and all written communications with third parties related to this case. RESPONSE: Upon information and belief, none. Any and all written communications with the Defendant, unless privileged, related to this case. RESPONSE: See the Donan Engineering report dated May 2, 2019, produced in Exhibit 2, as well as correspondence and records produced herewith in Exhibit 6. Any and all articles, essays, books, studies, or other publications (whether considered “scholarly” or not) related to repair, maintenance, or installation of roofs, or any part or portion of a roof. RESPONSE: Objection: vague and ambiguous. Any and all photographs of the Property in their native format. RESPONSE: See photographs produced in Exhibits 2 and 3. Your updated CV. RESPONSE: See Mr. Pace’s Professional Profile produced in Exhibit 9. Your contract with the Defendant for your work in this case, and all invoices related to same. RESPONSE: See such records produced in Exhibit 6. Any document reflecting the amounts of money the Defendant has agreed to pay you or the company you work for, for your work on this case (including without limitation amounts already paid and yet to be paid). RESPONSE: See invoice produced in Exhibit 6. Any document reflecting the amounts of money the Defendant has paid you for your work on any other case within the last three years. RESPONSE: None in Deponent’s possession.13. 14. 15. 16. Any document reflecting the number of times and types of cases or matters in which you have served as an expert for any insurance carrier in the last three years. RESPONSE: None in Deponent’s possession. Any document reflecting the number of times and types of cases or matters in which you have served as an expert for any insured in the last three years. RESPONSE: None in Deponent’s possession. Any document reflecting the position you have taken regarding any property with a tile roof that was allegedly damaged by windstorm or hurricane in the last three years. RESPONSE: Objection: overly broad and burdensome; without waiver, upon information and belief, none in Deponent’s possession. All documents relied upon in preparing for this deposition. RESPONSE: Objection: calls for attorney-client privileged information; without waiver, see documents produced herewith. Dated: September _9_, 2020. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant, By: /s/ Christopher Pasquale FBN: 41832 FOR 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.comCERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the party listed below by USS. Mail; X_ Email; Overnight Mail; Facsimile; Hand delivery; on this__9 day of September, 2020. /s/_Christopher Pasquale FBN: 41832 FOR 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 LAOPEN FILES\394309\Pleadings\Cypress Resp to NOD DT-Pace.docx