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Filing # 163398382 E-Filed 12/20/2022 01:57:10 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
ANN PEARSON AND
SAM PEARSON, CASE NO.: 2022-CA-005378
Plaintiff,
V.
STATE FARM FLORIDA
INSURANCE COMPANY,
Defendants.
/
DEFENDANT’S NOTICE OF TAKING
DEPOSITION DUCES TECUM OF PLAINTIFF, ANN PEARSON
PLEASE TAKE NOTICE that the undersigned will take the deposition of the following:
NAME: Ann Pearson
DATE: April 20, 2023
TIME 10:00 a.m.
LOCATION: via teleconference, ZOOM information o be provided by U.S. Legal Support
PLEASE ADVISE IF INTERPRETER IS NECESSARY
upon oral examination, before U.S. Legal Support, a Notary Public, or any other Notary Public or
officer duly authorized by law to take depositions in the State of Florida. The oral examination
will continue from day to day until completed. The deposition is being taken for the purpose of
discovery, for use at trial, or both of the foregoing, or for such other purposes as are permitted
under the Florida Rules of Civil Procedure.
The deponent(s) is/are directed to produce for inspection or copying at the time of
deposition the documents called for in the attached Schedule “A” [and as to any documents
over which a claim of privilege is asserted, a privilege log per Rule 1.280(b)(5)].
In an effort to expedite the deposition(s), Defendant’s counsel requests that the
requested documents responsive to Schedule “A” be produced at least five (5) business days
before the date of the deposition(s), to allow the parties to conduct the deposition quickly and
efficiently. This will eliminate the need for Defendant’s counsel having to review the
documents for the first time at the deposition(s) with the deponent(s).
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/21/2022 11:56:19 AM
Further, to the extent any privilege or confidentiality is claimed to apply to the requested
documents, the deponent(s) are directed to bring such responsive documents to the
deposition(s) so that they can fully answer all of counsel’s questioning. However, a privilege
log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior
to and at the deposition(s) in lieu of the actual documents over which such claim(s) is asserted.
Any such privileged documents are nonetheless requested to be available at the deposition(s)
for the deponent(s) to review during the deposition(s) in order to fully answer all questions. Such
teview will not be deemed a waiver of any claimed privilege.
In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in this proceeding should contact the office of KARA K. COSSE,
and/or SAMANTHA VALLEY Kubicki Draper at (904) 396-0062 no later than 7 days prior to
the proceeding.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
the Florida Courts’ E-filing Portal to: Kevin Weisser, Esq., Weisser, Elazar & Kantor, PLLC,
located at 800 East Broward Boulevard, Suite 510, Fort Lauderdale, FL 33301; via email at
Service@WEKLaw.com on this 20 December 2022.
KUBICKI DRAPER
Attorneys for Defendant
76 S. Laura Street, Suite 1400
Jacksonville, Florida 32202
(904) 396-0062 Telephone
(904) 396-0380 Facsimile
KD _PROPJAX@kubickidraper.com
By: /s/ Kara K. Cosse
Kara K. Cosse, Esquire
Florida Bar No.: 95938
Schedule A
Any and all estimates, invoices, and receipts with regard to proposed and/or actual
repairs/replacement of anything at your property that you are claiming was damaged from
this loss.
Any and all documents evidencing expenditures by you or on your behalf for repair of the
Property, which documents may include but not be limited to estimates for repairs,
proposals, contracts, subcontracts, blueprints, canceled checks for repairs, receipts,
invoices, other evidence of payments for such repairs, reconstruction, modification or
restoration of the Property.
Any and all engineering reports, incident reports, statements, general contractor’s reports,
or other investigation-related documents showing an opinion regarding the cause, origin
and/or extent of the damage arising from the Loss.
Any reports that you have received advising that your property was damaged from the
loss.
Any estimates, invoices, receipts, or work orders you have received for the two years
prior to your report of loss up to the present.
Any and all receipts, invoices and estimates related to any services performed at the
Property by you and/or any person or company at your direction.
Any and all contracts or agreements between you and any other person or entity
concerning repair of the Property.
Any and all documents showing that all persons or entities that have performed repairs or,
who you intend to perform repairs, at the Subject Property.
All and all receipts or related documentation for purchased products used to make any
repairs to the Property, which are the subject of this lawsuit.
10 Any and all documentation establishing any prior and post incident repairs to the areas at
issue.
11 Any and all documentation establishing your efforts to mitigate the reported loss.
12. Any and all contracts, subcontracts, blueprints, estimates, invoices, proposals, statements,
receipts, canceled checks, receipts, invoices and other evidence of payments, and any and
all other documents relating to repairs, remodeling, restoration or maintenance performed
at the Property in the last ten (10) years.
13. Any and all documents showing you or anyone else have made any attempt to distinguish
for Defendant the claimed damage from any prior damage existing at the Property before
the Loss.
14 Any and all documents related to any purchase and/or sale of the Property, which
documents should include but not be limited to construction contracts, any deeds
evidencing your ownership of the Property, and seller’s disclosures.
15 Photographs before and after the incident(s) of both the interior and exterior of the
property, which depicts the condition of the property.
16 Copies of the seller’s disclosure at the time of purchase of the home, if you did not
purchase the home brand new.
17, Copies of any pre-sale or post-sale inspection report(s) around the time of purchase of the
home.
18 Any and all documents related to any Communication between you or anyone on your
behalf and Defendant, which documents should include but not be limited to letters,
electronic mail, telephone bills showing telephone calls, and online forms and
submissions.
19 Any and all documents related to any Communication between you, or anyone on your
behalf, and any public adjuster, or estimator, concerning the Loss and/or Property, which
documents should include but not be limited to letters, electronic mail, telephone bills
showing telephone calls, and online forms and submissions.
20 Any and all documents related to any Communication between you or anyone on your
behalf and any insurance agent, which documents should include but not be limited to
letters, electronic mail, telephone bills showing telephone calls, and online forms and
submissions.
21 Any and all documents supporting the allegation(s) that you and/or anyone else complied
with your post-loss obligations under the insurance policy, which documents should
include but not be limited to documents showing compliance with the obligations to
promptly report the loss, make reasonable and necessary repairs to protect the property
from further damage, and show the damaged property.
22. Any and all documents that support your position regarding the cause and extent of the
damages to the Property and the necessary cost to repair the Property, and specifically,
any documents substantiating any costs of repair and any damages or estimates for
remedial measures relating to the Property.
23. If as part of this litigation you will seek reimbursement/indemnification for replacement
or repair of any Personal Property allegedly damaged in the Loss, produce any and all
documents evidencing the repair and/or replacement of any such property, including but
not limited to estimates, proposals, contracts, subcontracts, cancelled checks, credit card
slips, brochures, appraisals, invoices, receipts, and purchase orders.
24 Any and all correspondence related to the Property between you or anyone and any
mortgagee and/or note holder, which documents should include but not be limited to any
correspondence concerning foreclosure, a risk of foreclosure, mortgage modifications,
and/or any related documents.
25. Any and all documents relating to any lawsuit involving, in any way, the Property,
including but not limited to any mortgage foreclosure actions and/or bankruptcies.
26 Any and all insurance policies that may provide insurance coverage for the Loss (whether
you submitted a claim to each insurer or not), and any and all correspondence,
applications, memoranda, policies, and any other documents relating to said policies of
insurance, including any and all notices of cancellation or requests for premiums.
27. Any and all documents relating to any prior insurance claims regarding property damage
made by you or any resident of the Property.
28 Any and all documents relating to any lawsuit involving you, in any way, including but
not limited to any lawsuits that arise from you filing a lawsuit against an insurance
company.
29 Any and all documents related to any roofer or roofing company that has inspected and/or
repaired any portion of your roof in the last ten (10) years.
Preview
Filing # 163398382 E-Filed 12/20/2022 01:57:10 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA ANN PEARSON AND SAM PEARSON, CASE NO.: 2022-CA-005378 Plaintiff, V. STATE FARM FLORIDA INSURANCE COMPANY, Defendants. / DEFENDANT’S NOTICE OF TAKING DEPOSITION DUCES TECUM OF PLAINTIFF, ANN PEARSON PLEASE TAKE NOTICE that the undersigned will take the deposition of the following: NAME: Ann Pearson DATE: April 20, 2023 TIME 10:00 a.m. LOCATION: via teleconference, ZOOM information o be provided by U.S. Legal Support PLEASE ADVISE IF INTERPRETER IS NECESSARY upon oral examination, before U.S. Legal Support, a Notary Public, or any other Notary Public or officer duly authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or both of the foregoing, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The deponent(s) is/are directed to produce for inspection or copying at the time of deposition the documents called for in the attached Schedule “A” [and as to any documents over which a claim of privilege is asserted, a privilege log per Rule 1.280(b)(5)]. In an effort to expedite the deposition(s), Defendant’s counsel requests that the requested documents responsive to Schedule “A” be produced at least five (5) business days before the date of the deposition(s), to allow the parties to conduct the deposition quickly and efficiently. This will eliminate the need for Defendant’s counsel having to review the documents for the first time at the deposition(s) with the deponent(s). ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/21/2022 11:56:19 AM Further, to the extent any privilege or confidentiality is claimed to apply to the requested documents, the deponent(s) are directed to bring such responsive documents to the deposition(s) so that they can fully answer all of counsel’s questioning. However, a privilege log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to and at the deposition(s) in lieu of the actual documents over which such claim(s) is asserted. Any such privileged documents are nonetheless requested to be available at the deposition(s) for the deponent(s) to review during the deposition(s) in order to fully answer all questions. Such teview will not be deemed a waiver of any claimed privilege. In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact the office of KARA K. COSSE, and/or SAMANTHA VALLEY Kubicki Draper at (904) 396-0062 no later than 7 days prior to the proceeding. CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the Florida Courts’ E-filing Portal to: Kevin Weisser, Esq., Weisser, Elazar & Kantor, PLLC, located at 800 East Broward Boulevard, Suite 510, Fort Lauderdale, FL 33301; via email at Service@WEKLaw.com on this 20 December 2022. KUBICKI DRAPER Attorneys for Defendant 76 S. Laura Street, Suite 1400 Jacksonville, Florida 32202 (904) 396-0062 Telephone (904) 396-0380 Facsimile KD _PROPJAX@kubickidraper.com By: /s/ Kara K. Cosse Kara K. Cosse, Esquire Florida Bar No.: 95938 Schedule A Any and all estimates, invoices, and receipts with regard to proposed and/or actual repairs/replacement of anything at your property that you are claiming was damaged from this loss. Any and all documents evidencing expenditures by you or on your behalf for repair of the Property, which documents may include but not be limited to estimates for repairs, proposals, contracts, subcontracts, blueprints, canceled checks for repairs, receipts, invoices, other evidence of payments for such repairs, reconstruction, modification or restoration of the Property. Any and all engineering reports, incident reports, statements, general contractor’s reports, or other investigation-related documents showing an opinion regarding the cause, origin and/or extent of the damage arising from the Loss. Any reports that you have received advising that your property was damaged from the loss. Any estimates, invoices, receipts, or work orders you have received for the two years prior to your report of loss up to the present. Any and all receipts, invoices and estimates related to any services performed at the Property by you and/or any person or company at your direction. Any and all contracts or agreements between you and any other person or entity concerning repair of the Property. Any and all documents showing that all persons or entities that have performed repairs or, who you intend to perform repairs, at the Subject Property. All and all receipts or related documentation for purchased products used to make any repairs to the Property, which are the subject of this lawsuit. 10 Any and all documentation establishing any prior and post incident repairs to the areas at issue. 11 Any and all documentation establishing your efforts to mitigate the reported loss. 12. Any and all contracts, subcontracts, blueprints, estimates, invoices, proposals, statements, receipts, canceled checks, receipts, invoices and other evidence of payments, and any and all other documents relating to repairs, remodeling, restoration or maintenance performed at the Property in the last ten (10) years. 13. Any and all documents showing you or anyone else have made any attempt to distinguish for Defendant the claimed damage from any prior damage existing at the Property before the Loss. 14 Any and all documents related to any purchase and/or sale of the Property, which documents should include but not be limited to construction contracts, any deeds evidencing your ownership of the Property, and seller’s disclosures. 15 Photographs before and after the incident(s) of both the interior and exterior of the property, which depicts the condition of the property. 16 Copies of the seller’s disclosure at the time of purchase of the home, if you did not purchase the home brand new. 17, Copies of any pre-sale or post-sale inspection report(s) around the time of purchase of the home. 18 Any and all documents related to any Communication between you or anyone on your behalf and Defendant, which documents should include but not be limited to letters, electronic mail, telephone bills showing telephone calls, and online forms and submissions. 19 Any and all documents related to any Communication between you, or anyone on your behalf, and any public adjuster, or estimator, concerning the Loss and/or Property, which documents should include but not be limited to letters, electronic mail, telephone bills showing telephone calls, and online forms and submissions. 20 Any and all documents related to any Communication between you or anyone on your behalf and any insurance agent, which documents should include but not be limited to letters, electronic mail, telephone bills showing telephone calls, and online forms and submissions. 21 Any and all documents supporting the allegation(s) that you and/or anyone else complied with your post-loss obligations under the insurance policy, which documents should include but not be limited to documents showing compliance with the obligations to promptly report the loss, make reasonable and necessary repairs to protect the property from further damage, and show the damaged property. 22. Any and all documents that support your position regarding the cause and extent of the damages to the Property and the necessary cost to repair the Property, and specifically, any documents substantiating any costs of repair and any damages or estimates for remedial measures relating to the Property. 23. If as part of this litigation you will seek reimbursement/indemnification for replacement or repair of any Personal Property allegedly damaged in the Loss, produce any and all documents evidencing the repair and/or replacement of any such property, including but not limited to estimates, proposals, contracts, subcontracts, cancelled checks, credit card slips, brochures, appraisals, invoices, receipts, and purchase orders. 24 Any and all correspondence related to the Property between you or anyone and any mortgagee and/or note holder, which documents should include but not be limited to any correspondence concerning foreclosure, a risk of foreclosure, mortgage modifications, and/or any related documents. 25. Any and all documents relating to any lawsuit involving, in any way, the Property, including but not limited to any mortgage foreclosure actions and/or bankruptcies. 26 Any and all insurance policies that may provide insurance coverage for the Loss (whether you submitted a claim to each insurer or not), and any and all correspondence, applications, memoranda, policies, and any other documents relating to said policies of insurance, including any and all notices of cancellation or requests for premiums. 27. Any and all documents relating to any prior insurance claims regarding property damage made by you or any resident of the Property. 28 Any and all documents relating to any lawsuit involving you, in any way, including but not limited to any lawsuits that arise from you filing a lawsuit against an insurance company. 29 Any and all documents related to any roofer or roofing company that has inspected and/or repaired any portion of your roof in the last ten (10) years.