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Filing # 168143764 E-Filed 03/06/2023 05:04:07 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, STATE OF FLORIDA
CIVIL DIVISION
ANTARICK MARQUE WILSON, CASE NO.: 2022CA001911CAAXES
Plaintiff,
VS.
VIRGINIA JEAN FISCHER,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST FOR PRODUCTION
COMES NOW, Defendant, VIRGINIA JEAN FISCHER, by and through the undersigned
counsel, and pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby files this Response
to Plaintiff’s Request to Produce as follows:
1 All documents mentioned in answer to Plaintiffs First Set of Interrogatories to Defendant.
RESPONSE:
Objection. This request is vague and ambiguous. Further, this request seeks
information that is protected by the work product, claims file, and attorney-client
privilege. Moreover, Defendant objects to the sufficiency of Plaintiffs service of
process pursuant to Florida Rules of Civil Procedure 1.070 and Florida Statutes
§48.031. See Defendant’s October 24, 2022 Motion to Quash and February 7, 2023
Motion for Reconsideration.
All photographs, films, video tapes, including but not limited to surveillance tapes,
diagrams, reproductions or models concerning the incident including but not limited to
Plaintiffs injuries and Plaintiffs and Defendant's vehicles.
RESPONSE:
Objection. This request is vague and ambiguous. Further, this request seeks
information that is protected by the work product, claims file, and attorney-client
privilege. Moreover, this information is in Plaintiffs possession and/or is equally
available to Plaintiff.
All other documents you will or may use or introduce at trial of the above-style matter.
Electronically Filed Pasco Case # 2022CA001911CAAXES 03/06/2023 05:04:07 PM
Case No.: 2022CA001911CAAXES
Page 2 of 5
RESPONSE:
Objection. This request is vague, ambiguous, and calls for improper speculation.
Further, this request seeks information that is protected by the work product, claims
file, and attorney-client privilege.
Medical reports, opinions or other written memoranda from doctors, nurses, or other
medical practitioners, or expert witnesses containing information concerning the
negligence, breach of duty, injuries or damages alleged in the complaint as a result of the
subject incident which were not supplied to you prior.
RESPONSE:
Objection. This request is vague, ambiguous, overly broad, and unduly burdensome.
Further, this request seeks information protected by the work product, claims file,
and attorney-client privilege. Moreover, the requested information is equally
available to Plaintiff.
Any and all statements, including but not limited to, recorded telephone interviews, tapes,
written statements, whether signed or unsigned, of all parties any witnesses to the incident
relative to the subject matter of this action and/or any witnesses have knowledge regarding
any and all facts and issues in the instant litigation.
RESPONSE:
Objection. This request is vague, ambiguous, overly broad, and unduly burdensome.
Further, this request seeks information protected by the work product, claims file,
and attorney-client privilege.
A certified copy of all applicable policies of insurance, including but not limited to,
declaration pages, policies providing umbrella coverage, disability insurance and/or
employment related insurance to Defendant.
RESPONSE:
A copy of my insurance policies, which have been redacted to protect sensitive
information, marked Exhibits A and B, are attached hereto.
All incident reports filed by Defendant for any purpose, including but not limited to reports
to an employer and/or insurance company regarding the incident, if applicable, and/or any
other reports filed by the Defendant.
RESPONSE:
Case No.: 2022CA001911CAAXES
Page 3 of 5
Objection. This request is vague and ambiguous. Further, this request seeks
information that is protected by the work product, claims file, and attorney-client
privilege.
Any and all photographs, films, diagrams, videotapes, sketches, reproductions or models,
of the vehicles involved in the incident before and after the accident.
RESPONSE:
All photographs of the subject incident in Defendant’s possession are marked as
Composite Exhibit C and attached hereto.
Any and all photographs, films, diagrams, videotapes, sketches, reproductions or model of
Defendant(s) depicting Plaintiffs injuries.
RESPONSE:
To the extent applicable, please see response to No. 8 herein.
10. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other
tangible items or documentary evidence which you intend to use during the trial of this
cause and which have not been produced in response to any of the preceding paragraphs.
RESPONSE:
Objection. This request is vague, ambiguous, and calls for improper speculation.
Further, this request seeks information that is protected by the work product, claims
file, and attorney-client privilege.
11 All documents, papers or evidence to be introduced at trial.
RESPONSE:
Objection. This request is vague, ambiguous, and calls for improper speculation.
Further, this request seeks information that is protected by the work product, claims
file, and attorney-client privilege.
12 All expert reports from any experts who will testify at trial.
RESPONSE:
The identity of the expert witness or expert witnesses is unknown at this time. All
expert reports will be disclosed in accordance with the applicable rules and/or order
of the court.
Case No.: 2022CA001911CAAXES
Page 4 of 5
13. Defendant is requested to produce any and all surveillance films, tapes, photographs,
activity records, neighborhood canvassing, etc., and the results thereof obtained with regard
to the Plaintiff herein.
RESPONSE:
To the extent applicable, please see response to No. 8 herein.
14. All cellular phone records for the cellular phones in Defendant’s possession on the date of
the subject accident, including but limited to incoming/outgoing calls, text messages and
data sent or received from one (1) hour before the accident to one (1) hour after the
accident.
RESPONSE:
Objection. This request is vague, ambiguous, overly broad, and seeks information
that is not reasonably calculated to lead to the discovery of admissible evidence.
Subject to and without waiving this objection, requested and will be provided upon
receipt of same.
1S Any estimates and/or repair bills in the Defendant(s) possession for the vehicles involved
in the accident.
RESPONSE:
Repair estimates, marked as Exhibit D, are attached hereto.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that on this 6" day of March, 2023 a true and correct copy of the
foregoing has been furnished by Eservice to: John Castro, Esq., Ligori & Ligori, 1711 W. Kennedy
Blvd., Tampa, FL 33606; e-mail: litserv@callmeonmycell.com; jcastro@callmeonmycell.com and
the original has been filed with the Court.
LYDECKER LLP
390 N. Orange Avenue, Suite 1295
Orlando, FL 32801
Counsel for Defendant
Telephone No.: (407) 802-3969
Facsimile No.: (321) 800-6242
By: (/Viaceut F. Dacoua
Case No.: 2022CA001911CAAXES
Page 5 of 5
VINCENT F. IACONO, ESQ.
Florida Bar No.: 43710
BRANDON J. SINGH, ESQ.
Florida Bar No.: 1026049
Primary: dla@lydecker.com
Secondary: amorales@lydecker.com
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Filing # 168143764 E-Filed 03/06/2023 05:04:07 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, STATE OF FLORIDA CIVIL DIVISION ANTARICK MARQUE WILSON, CASE NO.: 2022CA001911CAAXES Plaintiff, VS. VIRGINIA JEAN FISCHER, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST FOR PRODUCTION COMES NOW, Defendant, VIRGINIA JEAN FISCHER, by and through the undersigned counsel, and pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby files this Response to Plaintiff’s Request to Produce as follows: 1 All documents mentioned in answer to Plaintiffs First Set of Interrogatories to Defendant. RESPONSE: Objection. This request is vague and ambiguous. Further, this request seeks information that is protected by the work product, claims file, and attorney-client privilege. Moreover, Defendant objects to the sufficiency of Plaintiffs service of process pursuant to Florida Rules of Civil Procedure 1.070 and Florida Statutes §48.031. See Defendant’s October 24, 2022 Motion to Quash and February 7, 2023 Motion for Reconsideration. All photographs, films, video tapes, including but not limited to surveillance tapes, diagrams, reproductions or models concerning the incident including but not limited to Plaintiffs injuries and Plaintiffs and Defendant's vehicles. RESPONSE: Objection. This request is vague and ambiguous. Further, this request seeks information that is protected by the work product, claims file, and attorney-client privilege. Moreover, this information is in Plaintiffs possession and/or is equally available to Plaintiff. All other documents you will or may use or introduce at trial of the above-style matter. Electronically Filed Pasco Case # 2022CA001911CAAXES 03/06/2023 05:04:07 PM Case No.: 2022CA001911CAAXES Page 2 of 5 RESPONSE: Objection. This request is vague, ambiguous, and calls for improper speculation. Further, this request seeks information that is protected by the work product, claims file, and attorney-client privilege. Medical reports, opinions or other written memoranda from doctors, nurses, or other medical practitioners, or expert witnesses containing information concerning the negligence, breach of duty, injuries or damages alleged in the complaint as a result of the subject incident which were not supplied to you prior. RESPONSE: Objection. This request is vague, ambiguous, overly broad, and unduly burdensome. Further, this request seeks information protected by the work product, claims file, and attorney-client privilege. Moreover, the requested information is equally available to Plaintiff. Any and all statements, including but not limited to, recorded telephone interviews, tapes, written statements, whether signed or unsigned, of all parties any witnesses to the incident relative to the subject matter of this action and/or any witnesses have knowledge regarding any and all facts and issues in the instant litigation. RESPONSE: Objection. This request is vague, ambiguous, overly broad, and unduly burdensome. Further, this request seeks information protected by the work product, claims file, and attorney-client privilege. A certified copy of all applicable policies of insurance, including but not limited to, declaration pages, policies providing umbrella coverage, disability insurance and/or employment related insurance to Defendant. RESPONSE: A copy of my insurance policies, which have been redacted to protect sensitive information, marked Exhibits A and B, are attached hereto. All incident reports filed by Defendant for any purpose, including but not limited to reports to an employer and/or insurance company regarding the incident, if applicable, and/or any other reports filed by the Defendant. RESPONSE: Case No.: 2022CA001911CAAXES Page 3 of 5 Objection. This request is vague and ambiguous. Further, this request seeks information that is protected by the work product, claims file, and attorney-client privilege. Any and all photographs, films, diagrams, videotapes, sketches, reproductions or models, of the vehicles involved in the incident before and after the accident. RESPONSE: All photographs of the subject incident in Defendant’s possession are marked as Composite Exhibit C and attached hereto. Any and all photographs, films, diagrams, videotapes, sketches, reproductions or model of Defendant(s) depicting Plaintiffs injuries. RESPONSE: To the extent applicable, please see response to No. 8 herein. 10. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trial of this cause and which have not been produced in response to any of the preceding paragraphs. RESPONSE: Objection. This request is vague, ambiguous, and calls for improper speculation. Further, this request seeks information that is protected by the work product, claims file, and attorney-client privilege. 11 All documents, papers or evidence to be introduced at trial. RESPONSE: Objection. This request is vague, ambiguous, and calls for improper speculation. Further, this request seeks information that is protected by the work product, claims file, and attorney-client privilege. 12 All expert reports from any experts who will testify at trial. RESPONSE: The identity of the expert witness or expert witnesses is unknown at this time. All expert reports will be disclosed in accordance with the applicable rules and/or order of the court. Case No.: 2022CA001911CAAXES Page 4 of 5 13. Defendant is requested to produce any and all surveillance films, tapes, photographs, activity records, neighborhood canvassing, etc., and the results thereof obtained with regard to the Plaintiff herein. RESPONSE: To the extent applicable, please see response to No. 8 herein. 14. All cellular phone records for the cellular phones in Defendant’s possession on the date of the subject accident, including but limited to incoming/outgoing calls, text messages and data sent or received from one (1) hour before the accident to one (1) hour after the accident. RESPONSE: Objection. This request is vague, ambiguous, overly broad, and seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving this objection, requested and will be provided upon receipt of same. 1S Any estimates and/or repair bills in the Defendant(s) possession for the vehicles involved in the accident. RESPONSE: Repair estimates, marked as Exhibit D, are attached hereto. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that on this 6" day of March, 2023 a true and correct copy of the foregoing has been furnished by Eservice to: John Castro, Esq., Ligori & Ligori, 1711 W. Kennedy Blvd., Tampa, FL 33606; e-mail: litserv@callmeonmycell.com; jcastro@callmeonmycell.com and the original has been filed with the Court. LYDECKER LLP 390 N. Orange Avenue, Suite 1295 Orlando, FL 32801 Counsel for Defendant Telephone No.: (407) 802-3969 Facsimile No.: (321) 800-6242 By: (/Viaceut F. Dacoua Case No.: 2022CA001911CAAXES Page 5 of 5 VINCENT F. IACONO, ESQ. Florida Bar No.: 43710 BRANDON J. SINGH, ESQ. Florida Bar No.: 1026049 Primary: dla@lydecker.com Secondary: amorales@lydecker.com