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Filing # 106576807 E-Filed 04/22/2020 03:34:38 PM
IN THE CIRCUIT COURT,
FOURTH JUDICIAL CIRCUIT,
IN AND FOR DUVAL COUNTY,
FLORIDA
CASE NO: 2020-CA-002067
JOHN VALIS,
Plaintiff,
vs.
CHRISTINE HITCHCOCK and
USAA CASUALTY INSURANCE
COMPANY,
Defendant.
/
PLAINTIFFS’ AMENDED FIRST REQUEST TO PRODUCE
TO DEFENDANT CHRISTINE HITCHCOCK
Pursuant to Rule 1.350, Florida Rules of Civil Procedure, Plaintiff, JOHN VALIS, by and through
their undersigned counsel, request that Defendant, CHRISTINE HITCHCOCK, produce for
inspection or copying the documents set forth below. Defendant shall produce these documents at
2601 North Ponce de Leon Blvd., St. Augustine, Florida 32084 within forty-five (45) days after
service of this Request to Produce.
I. Definitions
As used throughout this Request to Produce, the following terms are defined as follows:
A "Document" is used in the broad sense and means any tangible object or thing that
contains, conveys, or records information. Production is required of the original, or
any copy if the original is not available, of any book, record, minutes of meetings,
reports and/or summaries of interviews, reports and/or summaries of investigations;
opinions or reports of consultants; opinions of counsel; communications of any
nature, including internal company communications, memoranda, telegrams, telexes,
letters, notes of telephone conferences, agreements, reports or summaries of
negotiations, brochures, pamphlets, advertisements, circulares, trade letters, press
releases, drafts and revisions of drafts of documents, any written, printed, typed or
other graphic matter of any king or nature, drawings, photographs, paper,
ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 04/24/2020 10:04:44 AM.
communication, chart, tap, disk, card, wire or other electronic or mechanical
recording or transcript or any other instrument or device from which information can
be perceived, in the employees or agents, or known by Plaintiff to exist, unless
otherwise privileged.
"Document" also includes copies containing information in_addition to that
ontained_on the original (such as notations, computations, attachments, etc.), and
shall include all copies of documents by whatever means made and whether or not
claimed to be privileged or otherwise excludable from discovery. To the extent that a
request that a request calls for the production of multiple identical documents or
things, only one copy of each such identical documents or things need be produced.
Two copies are not identical if one of the copies has any information, writing,
printing, or other marks not present on the other of the copies.
If any tape, disk, card, wire, or other electronic or mechanical recording or transcript
or any computer program is produced, such documents as are necessity for the
decoding, putting back, printing out and/or interpretation thereof, and any other
documents which are necessity to convert such information into a useful and
necessity to convert such information into a useful and usable format shall also be
produced, in order to make this request under Rule 1.350 meaningful and genuine.
"Person" means any natural person, public or private corporation (whether or not
organized for profit), partnership, unincorporated association, governmental agency
or body, or other legal entity.
"Company" means any business or governmental entity to which this request is
addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors
in interest, and predecessors as well as all of its directors, officers, principals,
partners, employees, agents, representatives, attomeys, any other persons working
for or on behalf thereof, whether temporary or permanent, and any "person" in
which Plaintiff has acquired an interest.
"Statement" means (1) any written statement made by any person and signed or
otherwise adopted or approved by him; or (2) any stenographic, mechanical,
electrical, or other recording, or a transcription thereof, which is a substantially
verbatim recital of an oral statement made by that person and recorded
contemporaneously with the making of such oral statement.
As may be used in these Request "and" is conjunctive (meaning, e.g., A and B); and
is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should
be withheld, or limited, because it refers or relates to only one, or to more than one,
item in a request.
As may be used in this Request to Produce, the terms "trademark" and "service
mark" shall be considered interchangeable, and the term "mark" shall be considered
to refer to any trademark, service mark, trade name, or business designation, or any
other word, symbol, design, logo, title, or slogan used to identify the source of origin
of products or services. References to 'products" or "goods" shall be considered to
include services.
II. Claim of Privileg
If any document or statement is withheld from this request under a claim of privilege, then please
furnish a list which identifies each document or statement for which privilege is claimed and include
the following information for each such document:
Description sufficient to identify.
The date(s).
The subject matter(s).
The sender(s) or author(s).
The recipient(s).
The persons to whom copies were furnished, together with their job titles.
The present depository or person having custody of the document.
The nature and basis of privilege or immunity claimed.
The paragraph(s) of this request to which each such document or statement relates or
corresponds.
I1._Grouping or Numbering of Items Produced
Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items submitted in
response to this Request to Produce be organized and labeled according to the individual paragraphs
of the request to which they are responsive, and within each group, arranged in chronological order.
IV._Place, time, and manner of respons:
A response to this Request to Produce is due within forty-five (45) days after service of this Request
to Produce and shall be made at the offices of Morgan & Morgan, P.A., 2601 North Ponce de Leon
Blvd., St. Augustine, Florida 32084, or at such other place as the parties may agree. Authentic
copies of document may be supplied, provided that existing originals are available for inspection,
examination, and comparison.
DEFENDANT SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS:
All statements made by any occupants of the vehicles involved in the subject incident.
All statements made by any witnesses to the subject accident.
All statements made by the Plaintiffs pertaining to or concerning the subject matter.
All photographs of the vehicles involved in the subject accident.*
5 All photographs of the Plaintiff depicting injuries received in the subject accident.*
6 All photographs of the subject accident scene.*
7
Any and all policies of liability insurance in effect on the date of the subject accident,
providing coverage to the defendant herein.
8 Appraisals of all property damage sustained by Defendant's vehicle in the subject
accident.
9 Appraisals of the property damage sustained by Plaintiff's car in the subject accident.
10. A copy of any and all surveillance films, photos, or depictions taken of the Plaintiff as a
result of the subject accident.
11. A copy of any and all insurance agreements, insurance policies or agreements of any kind
or nature under which any person or company carrying on an insurance business may be liable to
satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse
any payments made to satisfy any such judgment or settlement, including but not limited to a
certified copy of the declarations sheet as to each such policy.
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Defendant,
together with the Summons and Complaint.
/s/ Michael D. Marrese
Michael D. Marrese, Esquire
FBN: 0544299
Morgan & Morgan, P.A
2601 North Ponce de Leon Blvd.
St. Augustine, FL 32084
Email: Mmarrese@forthepeople.com
Telephone: (904) 417-4170
Facsimile: (904) 417-4171
Attorneys for Plaintiff
Preview
Filing # 106576807 E-Filed 04/22/2020 03:34:38 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO: 2020-CA-002067 JOHN VALIS, Plaintiff, vs. CHRISTINE HITCHCOCK and USAA CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFFS’ AMENDED FIRST REQUEST TO PRODUCE TO DEFENDANT CHRISTINE HITCHCOCK Pursuant to Rule 1.350, Florida Rules of Civil Procedure, Plaintiff, JOHN VALIS, by and through their undersigned counsel, request that Defendant, CHRISTINE HITCHCOCK, produce for inspection or copying the documents set forth below. Defendant shall produce these documents at 2601 North Ponce de Leon Blvd., St. Augustine, Florida 32084 within forty-five (45) days after service of this Request to Produce. I. Definitions As used throughout this Request to Produce, the following terms are defined as follows: A "Document" is used in the broad sense and means any tangible object or thing that contains, conveys, or records information. Production is required of the original, or any copy if the original is not available, of any book, record, minutes of meetings, reports and/or summaries of interviews, reports and/or summaries of investigations; opinions or reports of consultants; opinions of counsel; communications of any nature, including internal company communications, memoranda, telegrams, telexes, letters, notes of telephone conferences, agreements, reports or summaries of negotiations, brochures, pamphlets, advertisements, circulares, trade letters, press releases, drafts and revisions of drafts of documents, any written, printed, typed or other graphic matter of any king or nature, drawings, photographs, paper, ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 04/24/2020 10:04:44 AM. communication, chart, tap, disk, card, wire or other electronic or mechanical recording or transcript or any other instrument or device from which information can be perceived, in the employees or agents, or known by Plaintiff to exist, unless otherwise privileged. "Document" also includes copies containing information in_addition to that ontained_on the original (such as notations, computations, attachments, etc.), and shall include all copies of documents by whatever means made and whether or not claimed to be privileged or otherwise excludable from discovery. To the extent that a request that a request calls for the production of multiple identical documents or things, only one copy of each such identical documents or things need be produced. Two copies are not identical if one of the copies has any information, writing, printing, or other marks not present on the other of the copies. If any tape, disk, card, wire, or other electronic or mechanical recording or transcript or any computer program is produced, such documents as are necessity for the decoding, putting back, printing out and/or interpretation thereof, and any other documents which are necessity to convert such information into a useful and necessity to convert such information into a useful and usable format shall also be produced, in order to make this request under Rule 1.350 meaningful and genuine. "Person" means any natural person, public or private corporation (whether or not organized for profit), partnership, unincorporated association, governmental agency or body, or other legal entity. "Company" means any business or governmental entity to which this request is addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in interest, and predecessors as well as all of its directors, officers, principals, partners, employees, agents, representatives, attomeys, any other persons working for or on behalf thereof, whether temporary or permanent, and any "person" in which Plaintiff has acquired an interest. "Statement" means (1) any written statement made by any person and signed or otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by that person and recorded contemporaneously with the making of such oral statement. As may be used in these Request "and" is conjunctive (meaning, e.g., A and B); and is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be withheld, or limited, because it refers or relates to only one, or to more than one, item in a request. As may be used in this Request to Produce, the terms "trademark" and "service mark" shall be considered interchangeable, and the term "mark" shall be considered to refer to any trademark, service mark, trade name, or business designation, or any other word, symbol, design, logo, title, or slogan used to identify the source of origin of products or services. References to 'products" or "goods" shall be considered to include services. II. Claim of Privileg If any document or statement is withheld from this request under a claim of privilege, then please furnish a list which identifies each document or statement for which privilege is claimed and include the following information for each such document: Description sufficient to identify. The date(s). The subject matter(s). The sender(s) or author(s). The recipient(s). The persons to whom copies were furnished, together with their job titles. The present depository or person having custody of the document. The nature and basis of privilege or immunity claimed. The paragraph(s) of this request to which each such document or statement relates or corresponds. I1._Grouping or Numbering of Items Produced Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items submitted in response to this Request to Produce be organized and labeled according to the individual paragraphs of the request to which they are responsive, and within each group, arranged in chronological order. IV._Place, time, and manner of respons: A response to this Request to Produce is due within forty-five (45) days after service of this Request to Produce and shall be made at the offices of Morgan & Morgan, P.A., 2601 North Ponce de Leon Blvd., St. Augustine, Florida 32084, or at such other place as the parties may agree. Authentic copies of document may be supplied, provided that existing originals are available for inspection, examination, and comparison. DEFENDANT SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS: All statements made by any occupants of the vehicles involved in the subject incident. All statements made by any witnesses to the subject accident. All statements made by the Plaintiffs pertaining to or concerning the subject matter. All photographs of the vehicles involved in the subject accident.* 5 All photographs of the Plaintiff depicting injuries received in the subject accident.* 6 All photographs of the subject accident scene.* 7 Any and all policies of liability insurance in effect on the date of the subject accident, providing coverage to the defendant herein. 8 Appraisals of all property damage sustained by Defendant's vehicle in the subject accident. 9 Appraisals of the property damage sustained by Plaintiff's car in the subject accident. 10. A copy of any and all surveillance films, photos, or depictions taken of the Plaintiff as a result of the subject accident. 11. A copy of any and all insurance agreements, insurance policies or agreements of any kind or nature under which any person or company carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse any payments made to satisfy any such judgment or settlement, including but not limited to a certified copy of the declarations sheet as to each such policy. I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Defendant, together with the Summons and Complaint. /s/ Michael D. Marrese Michael D. Marrese, Esquire FBN: 0544299 Morgan & Morgan, P.A 2601 North Ponce de Leon Blvd. St. Augustine, FL 32084 Email: Mmarrese@forthepeople.com Telephone: (904) 417-4170 Facsimile: (904) 417-4171 Attorneys for Plaintiff