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Filing # 148844527 E-Filed 05/03/2022 12:06:30 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL
CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA
CASE NO. 2020-CA-002067
JOHN VALIS,
PLAINTIFF,
V.
CHRISTINE HITCHCOCK AND
USAA CASUALTY INSURANCE COMPANY,
DEFENDANTS.
/
MOTION TO COMPEL DISCOVERY
Defendant, CHRISTINE HITCHCOCK, pursuant to Florida Rules of Civil Procedure
1.340 and 1.350, moves this Court for entry of an Order compelling the Plaintiff, JOHN VALIS,
to respond to Defendant’s Expert Interrogatories and Expert Request for Production served on
March 8, 2022, and as grounds therefore states the following:
1 Defendant, CHRISTINE HITCHCOCK, propounded Expert Interrogatories and Requests
for Production to Plaintiff on March 8, 2022. See Exhibit A.
Pursuant to Florida Rules of Civil Procedure, discovery responses were due on or before
April 7, 2022.
As of the date of this Motion, discovery responses have not been received.
Defendant’s counsel’s office has attempted to resolve this matter in good faith by sending
correspondence to Plaintiff requesting responses to the overdue discovery, but to date, no
such responses have been received. See attached Exhibit “B.”
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 05/04/2022 10:44:00 AM
5. Defendant has noticed the depositions of Plaintiffs retained experts Dr. Tim Osborn
(May 25, 2022) and Dr. Mark Frisk (May 27, 2022), but cannot meaningfully depose the
witnesses on all relevant topics without the requested discovery. If forced to reschedule
these depositions, Defendant will be prejudiced in her ability to prepare this case for its
current trial date of July 11, 2022.
Defendant requests this Court issue an Order compelling Plaintiff to respond to
Defendant’s Expert Interrogatories and Request to Produce.
WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order
compelling the Plaintiff, JOHN VALIS, to respond to Defendant’s Expert Interrogatories and
Requests to Produce as well as an award for attorney’s fees and costs for the preparation and
prosecution of this motion.
CERTIFICATE OF SERVICE
The document contains no confidential or sensitive information or that any such
confidential or sensitive language has been properly protected by complying with the provisions
of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing has
been furnished by electronic filing to Michael D. Marrese, Esquire, 76 South Laura Street, Ste.
110, Jacksonville, FL 32202, Mmarrese@forthepeople.com; jlow@forthepeople.com;
pceallaremi@forthepeople.com, Kathleen A. Carlson, Esquire, 200 West Forsyth St., Suite 1400,
Jacksonville, FL 32202, KACarlson@MDWCG.com; hahildebrand@MDWCG.com on this 3"
day of May, 2022.
PAUL M. EZA, ESQUIRE
Fla. Bar No. 68708
Law Offices of Sonya S. Wesner
200 East Robinson Street, Suite 510
Orlando, FL 32801
Telephone: (407) 393-9100
Direct Dial: (904) 489-6585
Secretary: (407) 393-9410
Paralegal: (407) 393-9097
Fax: (877) 499-6079
Primary E-Mail: JAXSMAIL@nationwide.com
Attorneys for Defendant Lisa Hahn
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL
CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA
CASE NO. 2020-CA-002067
JOHN VALIS,
PLAINTIFF,
Vv
CHRISTINE HITCHCOCK AND
USAA CASUALTY INSURANCE COMPANY,
DEFENDANTS.
/
NOTICE OF SERVICE OF EXPERT INTERROGATORIES TO PLAINTIFF
Defendant by and through its undersigned attorneys, hereby propounds to Plaintiff, JOHN
VALIS, pursuant to Rule 1.340 of the Fla. R. Civ. P., the attached Expert Interrogatories,
numbered 1-8, the answers of which will be due within thirty (30) days from the date of service
hereof.
CERTIFICATE OF SERVICE
The document contains no confidential or sensitive information or that any such
confidential or sensitive language has been properly protected by complying with the provisions
of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing has
been furnished by electronic filing to Michael D. Marrese, Esquire, 76 South Laura Street, Ste.
110, Jacksonville, FL 32202, Mmarrese@forthepeople.com; jlow@forthepeople.com;
pceallaremi@forthepeople.com, Kathleen A. Carlson, Esquire, 200 West Forsyth St., Suite 1400,
Jacksonville, FL 32202, KACarlson@MDWCG.com; hahildebrand@MDWCG.com on this 8th
day of March, 2022.
PAUL M. EZA, ESQUIRE
Fla. Bar No. 68708
EXHIBIT A
Law Offices of Sonya S. Wesner
200 East Robinson Street, Suite 510
Orlando, FL 32801
Telephone: (407) 393-9100
Direct Dial: (904) 489-6585
Secretary: (407) 393-9410
Paralegal: (407) 393-9097
Fax: (877) 499-6079
Primary EMail:JAXSMAIL@nationwide.com
Attorneys for Defendants
EXHIBIT A
DEFENDANT’s EXPERT
INTERROGATORIES TO PLAINTIFF
Specify the subject matter about which each of Plaintiffs experts have knowledge in
relation to this lawsuit and their relationship to the Plaintiff.
Please state whether any item or object relevant to this lawsuit has been tested,
analyzed, examined or inspected by any of the experts listed in Interrogatory No. 1. If so,
please state:
a. In detail, sufficient to identify each item or object that was tested, analyzed,
examined, or inspected, and the name of the expert.
The facts or information you were seeking in having these tests, examinations or
inspections made.
The steps used in each test, examination, or inspection of any object or item
material to this lawsuit.
Please state the findings resulting from each test, examination, or inspection
conducted.
The facts or opinions derived from the tests.
Please state the date of each test, the name and address of the person conducting the
test and the name of each test performed.
Please state whether you have retained any other experts who are not expected to testify at
trial, but who are advising you on matters material to this lawsuit. If so, please state the
following information for each expert listed:
a. Name and present business and residence address.
b Profession or occupation and the field in which he/she is allegedly an expert.
For each expert listed in Interrogatory No. | above, please state all cases including the style
of the case; the case number and the court in which the expert(s) listed in No. 1 above were
retained as an expert by any of the attorneys presently employed at the law firm or in the
past employed at that law firm, during the past three years.
5 Based on the information provided in Numbers | through 4 above, please identify those
cases in which the experts listed in No. 1 above, have provided testimony in the form of a
deposition.
6 Based on the information provided in Numbers | through 4 above, please identify those
cases in which the experts listed in No. 1 above, have provided testimony at trial.
Please state the total amount of expert fees or other payments paid to the expert(s) listed in
No. 1 above, by and/or on behalf of any of the attorneys presently employed at the law firm
or in the past employed at that law firm, during the past three (3) years.
Excluding the information provided in Numbers 5 through 7 above, please list all cases in
which any other associate of the expert(s) listed in these Answers have been retained by
Michael Mareese, Esquire, Morgan & Morgan, and/or any of its associates or attorneys
within the last three (3) years.
JOHN VALIS
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me _ this day of
, 2022, by JOHN VALIS, who is:
(Please check below)
1 personally known to me
2. produced as identification
-and-
a. —__ who did not take an oath
b who did take an oath
Given under my hand and official seal this day of. » 2022.
Notary Public
Notary Public, State of
(NOTARY SEAL)
Type or Print Name of Notary
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL
CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA
CASE NO. 2020-CA-002067
JOHN VALIS,
PLAINTIFF,
V.
CHRISTINE HITCHCOCK AND
USAA CASUALTY INSURANCE COMPANY,
DEFENDANTS.
/
DEFENDANT’S REQUEST FOR PRODUCTION
OF EXPERT DOCUMENTS TO PLAINTIFF
YOU ARE HEREBY requested to produce, to the attorneys for Defendant in accordance
with the applicable Fla. R. Civ. P., legible copies of the following designated items within thirty (30)
days from the date of service hereof at the offices of the undersigned:
1 All financial records, documents, photographs, reports, videos, diagrams, films, logs,
notes, recordings, correspondence, memoranda, writings, materials, e.g. all
documents/items utilized by any and all experts in evaluating and formulating their
respective evaluations, opinions and conclusions.
All financial records, documents, photographs, reports, videos, diagrams, films, logs,
notes, recordings, correspondence, memoranda, writings, materials, etc. provided by
Plaintiff or received from Plaintiff to Plaintiffs expert(s).
Drafts of reports and final reports provided to Plaintiff by experts.
Drafts of reports and final reports received from/provided by Plaintiff to experts.
All records, materials, including, but not limited to, billing records, invoices, etc.
denoting time spent and billed from Plaintiffs experts in this matter.
Each expert’s curriculum vitae and fee schedule.
CERTIFICATE OF SERVICE
The document contains no confidential or sensitive information or that any such
confidential or sensitive language has been properly protected by complying with the provisions
of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing has
been furnished by electronic filing to Michael D. Marrese, Esquire, 76 South Laura Street, Ste.
110, Jacksonville, FL 32202, Mmarrese@forthepeople.com; jlow@forthepeople.com;
pceallaremi@forthepeople.com, Kathleen A. Carlson, Esquire, 200 West Forsyth St., Suite 1400,
Jacksonville, FL 32202, KACarlson@MDWCG.com; hahildebrand@MDWCG.com on this 8th
day of March, 2022.
PAUL M. EZA, ESQUIRE
Fla. Bar No. 68708
Law Offices of Sonya S. Wesner
200 East Robinson Street, Suite 510
Orlando, FL 32801
Telephone: (407) 393-9100
Direct Dial: (904) 489-6585
Secretary: (407) 393-9410
Paralegal: (407) 393-9097
Fax: (877) 499-6079
Primary EMail:JAXSMAIL@nationwide.com
Attorneys for Defendants
LAW OFFICE
SONYA S. WESNER
EMPLOYEES OF NATIONWIDE® MUTUAL INSURANCE COMPANY
NOT A LEGAL PARTNERSHIP OR PROFESSIONAL CORPORATION
200 EAST ROBINSON STREET, SUITE 510 LEILA M. Luco *
ROBERT A. CRABILL ORLANDO, FLORIDA 32801-1956 G. SCOTT TURNER
PAUL M. Eza* TELEPHONE: (407) 393-9100 OR (888) 902-1616 T. DANIEL WEBB
JENNIFER HAYNES FACSIMILE: (877) 499-6079 SONYA S. WESNER
BRAD HIGGINBOTHAM *FLORIDA BAR CONSTRUCTION BOARD CERTIFIED J. ANDREW WILLIAMS * 3
SANDRA D. KENNEDY * 1 ALSO LICENSED IN GA, SC AND NC
* ALSO LICENSED INGA.
April 22, 2022
Michael D. Marrese, Esquire
2601 N. Ponce de Leon Blvd.,
St. Augustine, FL 32084
Mmarrese@forthepeople.com
Re: Style of Case: John Valis v Christine Hitchcock and USAA Casualty Insurance
Company
Claim No.: 793028-GF
Date of Loss: 8/16/17
Our File No.: 20-018086
Court File: 2020-CA-002067
Dear Mr. Marrese:
We served expert Interrogatories and Request to Produce on Plaintiff on 3/8/22. As of this date,
we have not received responses. Please provide responses within 10 days to avoid the filing of a
Motion to Compel. Thank you.
Sincerely,
Co
Paul M. Eza, Esqui re
Direct Dial Number 904-489-6585
Legal Assistant: Keri Tutein. Direct Dial Number: 407-393-9410
Paralegal: Cindy McIntire. Direct Dial Number: 407-393-9096
PME/kt
ce: Katrina Harding
EXHIBIT B
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Filing # 148844527 E-Filed 05/03/2022 12:06:30 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CASE NO. 2020-CA-002067 JOHN VALIS, PLAINTIFF, V. CHRISTINE HITCHCOCK AND USAA CASUALTY INSURANCE COMPANY, DEFENDANTS. / MOTION TO COMPEL DISCOVERY Defendant, CHRISTINE HITCHCOCK, pursuant to Florida Rules of Civil Procedure 1.340 and 1.350, moves this Court for entry of an Order compelling the Plaintiff, JOHN VALIS, to respond to Defendant’s Expert Interrogatories and Expert Request for Production served on March 8, 2022, and as grounds therefore states the following: 1 Defendant, CHRISTINE HITCHCOCK, propounded Expert Interrogatories and Requests for Production to Plaintiff on March 8, 2022. See Exhibit A. Pursuant to Florida Rules of Civil Procedure, discovery responses were due on or before April 7, 2022. As of the date of this Motion, discovery responses have not been received. Defendant’s counsel’s office has attempted to resolve this matter in good faith by sending correspondence to Plaintiff requesting responses to the overdue discovery, but to date, no such responses have been received. See attached Exhibit “B.” ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 05/04/2022 10:44:00 AM 5. Defendant has noticed the depositions of Plaintiffs retained experts Dr. Tim Osborn (May 25, 2022) and Dr. Mark Frisk (May 27, 2022), but cannot meaningfully depose the witnesses on all relevant topics without the requested discovery. If forced to reschedule these depositions, Defendant will be prejudiced in her ability to prepare this case for its current trial date of July 11, 2022. Defendant requests this Court issue an Order compelling Plaintiff to respond to Defendant’s Expert Interrogatories and Request to Produce. WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order compelling the Plaintiff, JOHN VALIS, to respond to Defendant’s Expert Interrogatories and Requests to Produce as well as an award for attorney’s fees and costs for the preparation and prosecution of this motion. CERTIFICATE OF SERVICE The document contains no confidential or sensitive information or that any such confidential or sensitive language has been properly protected by complying with the provisions of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic filing to Michael D. Marrese, Esquire, 76 South Laura Street, Ste. 110, Jacksonville, FL 32202, Mmarrese@forthepeople.com; jlow@forthepeople.com; pceallaremi@forthepeople.com, Kathleen A. Carlson, Esquire, 200 West Forsyth St., Suite 1400, Jacksonville, FL 32202, KACarlson@MDWCG.com; hahildebrand@MDWCG.com on this 3" day of May, 2022. PAUL M. EZA, ESQUIRE Fla. Bar No. 68708 Law Offices of Sonya S. Wesner 200 East Robinson Street, Suite 510 Orlando, FL 32801 Telephone: (407) 393-9100 Direct Dial: (904) 489-6585 Secretary: (407) 393-9410 Paralegal: (407) 393-9097 Fax: (877) 499-6079 Primary E-Mail: JAXSMAIL@nationwide.com Attorneys for Defendant Lisa Hahn IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CASE NO. 2020-CA-002067 JOHN VALIS, PLAINTIFF, Vv CHRISTINE HITCHCOCK AND USAA CASUALTY INSURANCE COMPANY, DEFENDANTS. / NOTICE OF SERVICE OF EXPERT INTERROGATORIES TO PLAINTIFF Defendant by and through its undersigned attorneys, hereby propounds to Plaintiff, JOHN VALIS, pursuant to Rule 1.340 of the Fla. R. Civ. P., the attached Expert Interrogatories, numbered 1-8, the answers of which will be due within thirty (30) days from the date of service hereof. CERTIFICATE OF SERVICE The document contains no confidential or sensitive information or that any such confidential or sensitive language has been properly protected by complying with the provisions of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic filing to Michael D. Marrese, Esquire, 76 South Laura Street, Ste. 110, Jacksonville, FL 32202, Mmarrese@forthepeople.com; jlow@forthepeople.com; pceallaremi@forthepeople.com, Kathleen A. Carlson, Esquire, 200 West Forsyth St., Suite 1400, Jacksonville, FL 32202, KACarlson@MDWCG.com; hahildebrand@MDWCG.com on this 8th day of March, 2022. PAUL M. EZA, ESQUIRE Fla. Bar No. 68708 EXHIBIT A Law Offices of Sonya S. Wesner 200 East Robinson Street, Suite 510 Orlando, FL 32801 Telephone: (407) 393-9100 Direct Dial: (904) 489-6585 Secretary: (407) 393-9410 Paralegal: (407) 393-9097 Fax: (877) 499-6079 Primary EMail:JAXSMAIL@nationwide.com Attorneys for Defendants EXHIBIT A DEFENDANT’s EXPERT INTERROGATORIES TO PLAINTIFF Specify the subject matter about which each of Plaintiffs experts have knowledge in relation to this lawsuit and their relationship to the Plaintiff. Please state whether any item or object relevant to this lawsuit has been tested, analyzed, examined or inspected by any of the experts listed in Interrogatory No. 1. If so, please state: a. In detail, sufficient to identify each item or object that was tested, analyzed, examined, or inspected, and the name of the expert. The facts or information you were seeking in having these tests, examinations or inspections made. The steps used in each test, examination, or inspection of any object or item material to this lawsuit. Please state the findings resulting from each test, examination, or inspection conducted. The facts or opinions derived from the tests. Please state the date of each test, the name and address of the person conducting the test and the name of each test performed. Please state whether you have retained any other experts who are not expected to testify at trial, but who are advising you on matters material to this lawsuit. If so, please state the following information for each expert listed: a. Name and present business and residence address. b Profession or occupation and the field in which he/she is allegedly an expert. For each expert listed in Interrogatory No. | above, please state all cases including the style of the case; the case number and the court in which the expert(s) listed in No. 1 above were retained as an expert by any of the attorneys presently employed at the law firm or in the past employed at that law firm, during the past three years. 5 Based on the information provided in Numbers | through 4 above, please identify those cases in which the experts listed in No. 1 above, have provided testimony in the form of a deposition. 6 Based on the information provided in Numbers | through 4 above, please identify those cases in which the experts listed in No. 1 above, have provided testimony at trial. Please state the total amount of expert fees or other payments paid to the expert(s) listed in No. 1 above, by and/or on behalf of any of the attorneys presently employed at the law firm or in the past employed at that law firm, during the past three (3) years. Excluding the information provided in Numbers 5 through 7 above, please list all cases in which any other associate of the expert(s) listed in these Answers have been retained by Michael Mareese, Esquire, Morgan & Morgan, and/or any of its associates or attorneys within the last three (3) years. JOHN VALIS STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me _ this day of , 2022, by JOHN VALIS, who is: (Please check below) 1 personally known to me 2. produced as identification -and- a. —__ who did not take an oath b who did take an oath Given under my hand and official seal this day of. » 2022. Notary Public Notary Public, State of (NOTARY SEAL) Type or Print Name of Notary IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CASE NO. 2020-CA-002067 JOHN VALIS, PLAINTIFF, V. CHRISTINE HITCHCOCK AND USAA CASUALTY INSURANCE COMPANY, DEFENDANTS. / DEFENDANT’S REQUEST FOR PRODUCTION OF EXPERT DOCUMENTS TO PLAINTIFF YOU ARE HEREBY requested to produce, to the attorneys for Defendant in accordance with the applicable Fla. R. Civ. P., legible copies of the following designated items within thirty (30) days from the date of service hereof at the offices of the undersigned: 1 All financial records, documents, photographs, reports, videos, diagrams, films, logs, notes, recordings, correspondence, memoranda, writings, materials, e.g. all documents/items utilized by any and all experts in evaluating and formulating their respective evaluations, opinions and conclusions. All financial records, documents, photographs, reports, videos, diagrams, films, logs, notes, recordings, correspondence, memoranda, writings, materials, etc. provided by Plaintiff or received from Plaintiff to Plaintiffs expert(s). Drafts of reports and final reports provided to Plaintiff by experts. Drafts of reports and final reports received from/provided by Plaintiff to experts. All records, materials, including, but not limited to, billing records, invoices, etc. denoting time spent and billed from Plaintiffs experts in this matter. Each expert’s curriculum vitae and fee schedule. CERTIFICATE OF SERVICE The document contains no confidential or sensitive information or that any such confidential or sensitive language has been properly protected by complying with the provisions of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic filing to Michael D. Marrese, Esquire, 76 South Laura Street, Ste. 110, Jacksonville, FL 32202, Mmarrese@forthepeople.com; jlow@forthepeople.com; pceallaremi@forthepeople.com, Kathleen A. Carlson, Esquire, 200 West Forsyth St., Suite 1400, Jacksonville, FL 32202, KACarlson@MDWCG.com; hahildebrand@MDWCG.com on this 8th day of March, 2022. PAUL M. EZA, ESQUIRE Fla. Bar No. 68708 Law Offices of Sonya S. Wesner 200 East Robinson Street, Suite 510 Orlando, FL 32801 Telephone: (407) 393-9100 Direct Dial: (904) 489-6585 Secretary: (407) 393-9410 Paralegal: (407) 393-9097 Fax: (877) 499-6079 Primary EMail:JAXSMAIL@nationwide.com Attorneys for Defendants LAW OFFICE SONYA S. WESNER EMPLOYEES OF NATIONWIDE® MUTUAL INSURANCE COMPANY NOT A LEGAL PARTNERSHIP OR PROFESSIONAL CORPORATION 200 EAST ROBINSON STREET, SUITE 510 LEILA M. Luco * ROBERT A. CRABILL ORLANDO, FLORIDA 32801-1956 G. SCOTT TURNER PAUL M. Eza* TELEPHONE: (407) 393-9100 OR (888) 902-1616 T. DANIEL WEBB JENNIFER HAYNES FACSIMILE: (877) 499-6079 SONYA S. WESNER BRAD HIGGINBOTHAM *FLORIDA BAR CONSTRUCTION BOARD CERTIFIED J. ANDREW WILLIAMS * 3 SANDRA D. KENNEDY * 1 ALSO LICENSED IN GA, SC AND NC * ALSO LICENSED INGA. April 22, 2022 Michael D. Marrese, Esquire 2601 N. Ponce de Leon Blvd., St. Augustine, FL 32084 Mmarrese@forthepeople.com Re: Style of Case: John Valis v Christine Hitchcock and USAA Casualty Insurance Company Claim No.: 793028-GF Date of Loss: 8/16/17 Our File No.: 20-018086 Court File: 2020-CA-002067 Dear Mr. Marrese: We served expert Interrogatories and Request to Produce on Plaintiff on 3/8/22. As of this date, we have not received responses. Please provide responses within 10 days to avoid the filing of a Motion to Compel. Thank you. Sincerely, Co Paul M. Eza, Esqui re Direct Dial Number 904-489-6585 Legal Assistant: Keri Tutein. Direct Dial Number: 407-393-9410 Paralegal: Cindy McIntire. Direct Dial Number: 407-393-9096 PME/kt ce: Katrina Harding EXHIBIT B