Preview
Filing# 155844857 E-Filed 08/22/2022 05:16:52 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
Case No.: CACE-21-007642
NECHAMA & AMIR BEN-ISHAY,
Plaintiffs,
V
TYPTAP INSURANCE COMPANY,
Defendant.
i
DEFENDANT'S MOTION FOR RULE TO SHOW CAUSE
COMES NOW the Defendant, TYPTAP INSURANCE COMPANY ("Defendant"),by
and through the undersigned counsel, and hereby moves this Honorable Court to issue a Rule to
Show Cause why Victory E&I Roofing and Construction LLC should not be held in contempt of
Court, and as grounds therefore says:
1. That this is an action for breach of contract for the Defendant's allegedfailure to
pay Homeowner's benefits.
2. On April 15, 2021, Plaintiff filed its Complaint.
3 That on or about July 28,2022, the Defendant filed their notice of intent to take the
depositionof the Corporate Representativeof Victory E&I Roofing and Construction LLC on
August 12,2022. (See Exhibit "A")
4. On August 5,2022, Jean P was served with a Subpoena Duces Tecum via personal
process server. (See Exhibit "B")
5. That despiteperfectionof service ofthe Notice of Depositionand Subpoena Duces
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/22/2022 05:16:52 PM.****
Tecum upon dispatcher for the Corporate Representative of Victory E&I Roofing and
Construction LLC, the CorporateRepresentativeofVictory E & I Roofing and Construction LLC
failed to appear for its depositionon August 12,2022 at 1:00 pm. As a result,a Certificate ofNon-
Appearance was obtained. (See Exhibit "C".)
6. That based on the foregoing,the Court should compel Victory E&I Roofing and
Construction LLC to appear before this Court and show cause as to why it should not be held in
to appear for the deposition.
contempt for failing
7. That the Defendant requests the following relief from this Court:
A. An award of attorney fees and court costs associated with the preparation
time regarding the Defendant's attempt to take the above-referenced
depositionsas well as the attorney fees and court costs associated with
bringingthis matter to the Court' s attention.
B. An Order compelling the deponent to appear before this Court in person and
to show cause why they should not be held in contempt of Court.
C. Any and all other relief which this Court deems justand proper.
WHEREFORE, the Defendant, TYPTAP INSURANCE COMPANY, respectfully
requests this Honorable Court enter an Order imposing sanctions againstVictory E&I Roofing
and Construction LLC for its refusal to sit for enter an Order compellingthe deponent
deposition,
to appear before this Court to show cause as to why they should not be held in contempt, and grant
the Defendant any and all other relief that the Court deems justand proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on 22nd day of August, 2022, this document was filed using
the Florida Courts E-FilingPortal. This document is being served on all counsel of record by the
Florida Courts EfilingPortal,pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. The
addresses of counsel are: Brett L. Schlacter,Esquire;SCHLACTER LAW, bls@schlacterlaw.corn,
1108 Kane Concourse, Suite 305, Bay Harbor Islands,FL 33154, (305) 999-1111 / (305)440-1354
Nechama
(F),Attorney for Plaintiffs, & Amir Ben-Ishay.
KELLEY KRONENBERG
WRDMNE.COUierIII
Robert E. Collier III,Esq.
Fla. Bar No.. 1031196
Kathryn M. Winkler, Esq.
Fla. Bar No.. 93147
10360 W. State Road 84
Davie, FL 33324
Telephone:(954) 370-9970
Facsimile: (954) 382-1988
Attorney for Defendant
Address for service of pleadings only
rcollier@kelleykronenberg.com
kwinkler@kelleykronenberg.com
Filing# 154239140 E-Filed 07/28/2022 11:43:24 AM
EXHIBIT"A
ii
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
Case No.: CACE-21-007642
NECHAMA & AMIR BEN-ISHAY,
Plaintiffs,
V
TYPTAP INSURANCE COMPANY,
Defendant.
I
DEFENDANT'S RE-NOTICE OF TAKING ZOOM DEPOSITION DUCES TECUM OF
CORPORATE REPRESENTATIVE OF VICTORY E&I ROOFING AND
CONSTRUCTION, LLC
NAME DATE/TIME LOCATION
Corporate August 12, VIA ZOOM -
Representative 2022 LINK TO BE PROVIDED
of Victory E&I at
Roofing and 1:OOPM
Construction
LLC for the
Areas of Inquiry
outlined in
Exhibit "A"
PLEASE TAKE NOTICE that the undersigned attorney will take the depositionof.
upon oral examination before United Reporting, or any other Notary Public or other officer
authorized by law to take depositionsin the State of Florida. The oral examination will continue
from day to day until completed. The depositionis being taken for the purpose of discovery,for
use at trial,or for such other purposes as are permitted under Florida Rules of Civil Procedure
1.280,1.310,1.350,1.360,1.380,1.390,1.410; or Federal Rule of Civil Procedure 30.
Case No.: CACE-21-007642
The deponent is hereby requiredto produce the following:
EXHIBIT "A"
Pursuant to Fla. R. Civ. P. 1.310(b)(6),
the Plaintiffis requestedto designateas its corporate
representativea person(s)having knowledge ofthe following areas ofinquiry:
1. Theand circumstances regarding the alleged loss that took place at real
facts
property located at4830NW 65th Avenue, Lauderhill,FL 33319 ("property")onNovember 8,2020.
2. The cause of any damage, or what the Deponent believes to be the cause of the
damage to the associated with or related to the claim numbered 12-3002004-20
[hereinafter
"subjectclaim"I.
3 The damages associated with the subjectclaim that took place on November 8,
2020.
4. The identityof,invoices or estimates obtained,and repairsmade to date as a result
of allegedloss that took place on November 8,2020.
5. The individuals and/or entities retained by the deponent to inspect or repair
the property, and, their conclusions, determinations, findings, or opinions regarding the
subjectclaim, the damage to the property, and any suggestedrepairsor rebuilds.
6. The work performed on the property by the Deponent or individuals or entities
retained by the Plaintiff,including but not limited to, any inspectionsor repairs to the
property.
7. Communications between the deponent and the Insureds Nechama Ben-Ishay and
Amir Ben-Ishay [hereinafter"Insureds"] regardingany assignment of benefits,contract, work
authorization or other document executed between the Plaintiff and the Insureds for the subject
claim or regarding the repairor rebuild of the subjectproperty due to damage arisingfrom the
subjectclaim.
8 Communications between the deponent and the Insureds regardingthe damage to
the property associated with the subjectclaim, includingbut not limited to any communications
regardingthe date of the allegeddamage to the property and the date that the allegeddamage to
the property was discovered.
9. All communications between the Deponent and a third party or non-party to
the case regardingthe subjectclaim, includingbut not limited to communications with any
contractor or publicadjuster.
10. All repairs,whether temporary repairs or permanent repairs,to the property
that the Deponent or an entityor individual retained by the Deponent has performed to the
Case No.: CACE-21-007642
subject property for damage arisingfrom the subject claim, and, the actual costs incurred
to repairor rebuild the property due to damage associated with or from the subjectclaim.
11. The estimate of the costs to repairthe damage to the property or rebuild the
property due to the subject claim, or the expected future costs to repair the damage to
the property or rebuild the property due to the subjectclaim.
12. Any advertisingor marketing materials created by the Deponent and directed
generallyor specifically to the insureds, or, other methods of solicitingbusiness, contracts or
engagements with the insureds. For example, information regardinga third party that provided the
Deponent with search engine optimization, leads,or referrals or sources ofreferrals.
telemarketing
13. Any and all administrative code, county or municipal code, state or federal
regulation,or other law, statute or code that the Deponent relied upon or that the Deponent
believes may affect the repairor rebuild of the property.
14. Any and all permits associated with the property, includingbut not limited to
applications for permits, open permits, closed permits, and, any inspections by any
issuing authority, such as a municipal or county permit office, to approve the work
associated with the permits.
15. Damage to the home priorto November 8,2020 for which deponent was retained,
consulted, and/or performed services for,includingthe identity
of,invoices or estimates obtained,
and repairsmade to date as a result of the same.
16. The facts and circumstances regardingthe reportingof the allegedloss that took
place on November 8,2020.
Case No.: CACE-21-007642
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 28th day of July,2022, this document was filed using
the Florida Courts E-FilingPortal. This document is being served on all counsel and pro se parties
of record by the Florida Courts E-FilingPortal,pursuant to and in compliance with Fla. R. Jud.
Admin. 2.516. The mailing and electronic addresses are: Brett L. Schlacter, Esquire;
SCHLACTER LAW, bls@schlacterlaw.com,1108 Kane Concourse, Suite 305, Bay Harbor
Islands,FL 33154, (305) 999-1111 / Nechama & Amir
(305) 440-1354 (F),Attorney for Plaintiffs,
Ben-Ishay.
KELLEY KRONENBERG
/sl Kathryn M. Winkler
Kathryn M. Winkler, Esq.
Fla.Bar No.: 93147
10360 W. State Road 84
Davie, FL 33324
Telephone:(954) 370-9970
Facsimile: (954) 382-1988
Attorney for Typtap Insurance Company
Address for service of pleadingsonly:
kwinkler@kelleykronenberg.com
Case No.: CACE-21-007642
DUCES TECUM
PLEASE BRING WITH YOU THE FOLLOWING ITEMS AS INDICATED
1. Your Curriculum Vitae (CV).
2. All professional
licenses.
3. Your regardingNECHAMA BEN-ISHAY and AMIR BEN-ISHAY and/or
entire file
the property located at 4830 NW
65th Avenue, Lauderhill, FL 33319. The documents sought by
this subpoena include,but are not limited to, any and all videos obtained of the subjectproperty
and/or the roof of the subjectproperty, any and all proposals,bids, estimates,repairinvoices,
agreements, bills, receipts, photographs, color photographs, AccuLynx notes and/or
documentation, videos, camera inspectionreports, permits,graphs, charts,inspectionreports,
e-mails,correspondence,memoranda, faxes,dailylogs,phone messages, recorded
notes, letters,
statements, and any other documents and thingsregardingthe inspection
occurringon any and all
dates wherein services were provided at the property.
All reference documents, including but not limited to manuals, treatises,
4. books,
contractor handbooks, guides,brochures, buildingcodes, insurance policies,periodicals,
journals,
insurance industryguidelines, local,state, or federal codes or guidelines,
samples,measurements,
diagrams,and notes, you relied in estimatingthe damages in this claim and/or valuingthe damages
in this claim.
5. Any and all documents evidencing software used to price or value estimates
provided by to Plaintiffs.
6. Any and all documents evidencing how you calculated or valued estimates for
damages at property.
7. Any and all regardingthe property.
permit applications
8. Any and all permitsobtained regardingthe property.
9. advertisingor marketing materials created by the Deponent and directed
Any
generallyor specifically to the insureds, or, other methods of soliciting business, contracts or
engagements with the insureds. For example, information regardinga third party that provided the
Deponent with search engineoptimization, leads,or referrals or sources
telemarketing ofreferrals.
EXHIBIT'B"
RETURN OF SERVICE
State of Florida County of BROWARD Circuit Court
Case Number: CACE-21-007642 Court Date: 8/12/2022 1:00 pm
Plaintiff:
NECHAMA & AMIR BEN-ISHAY 1111111111111
lili PPJ2022007761
VS.
Defendant:
TYPTAP INSURANCE COMPANY
For:
Kathryn Winkler
KELLEY KRONENBERG
10360 West State Road 84
Fort Lauderdale, FL 33324
Received by Prestige Process on the 1 st day of August, 2022 at 10:56 am to be served on CORPORATE
REPRESENTATIVE OF VICTORY E&I ROOFING AND CONSTRUCTION, LLC, 6990 GRIFFIN RD, C-13, DAVIE, FL
33314.
I,Madeline M. Mesa, do hereby affirm that on the 5th day of August, 2022 at 9:10 am, I:
served aCORPORATION by delivering a true copy of the SUBPOENA DUCES TECUM FOR DEPOSITION and
DEFENDANT'S RE-NOTICE OF TAKING ZOOM DEPOSITION DUCES TECUM OF CORPORATE REPRESENTATIVE OF
VICTORY E&1 ROOFING AND CONSTRUCTION, LLC with the date and hour of service endorsed thereon by me, to: Jean
Pas Dispatcher for CORPORATE REPRESENTATIVE OF VICTORY E&1 ROOFING AND, at the address of 6990
GRIFFIN RD, C-13, DAVIE, FL 33314, and informed said person of the contents therein, in compliance with state statutes.
I certifythat I am
over the age of 18, have no interest in the above action, and that I am a Special Process Server Appointe d
by the good standing, in the judicialcircuit in which the process was served. Under the perjury, I declare that I have
Sheriff, in
read the foregoing document and the facts in it are true. NO NOTARY REQUIRED PURSUANT TO F.S.92.525(2)
AZ M.@12
Madeline M. Mesa
SPS# 1592
Prestige Process
P.O Box 613634
Miami, FL 33261
(786) 916-2424
Our Job Serial Number: PPJ-2022007761
Copyright @ 1992-2022 DreamBuilt Software, Inc.
-
Process Server's Toolbox V8.2k
EXHIBIT"C"
1 IN THE CIRCUIT COURT OF THE 17TH JUDICICAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
2
CASE NO.: 2021-CA-007642
3
4
NECHAMA & AMIR BEN-ISHAY,
5
6 Plaintiffs,
7
VS. ORIGINAL
8
TYTAP INSURANCE COMPANY,
9
Defendant.
10
11 ,
CERTIFICATE OF NON-APPEARANCE
12 STATE OF FLORIDA
BROWARD COUNTY, FLORIDA
13
I, Monica Goldmann, a Court Reporter and a Notary Public
14 in and for the State of Florida, do hereby certify that
pursuant a Notice of Taking Deposition in the above styled
15 cause, I was present via Zoom videoconferencing on August 12,
2022, at 1:00 a.m., for the purpose of reporting the
16 deposition of the Corporate Representative of Victory E&I
Roofing and Construction LLC, scheduled to begin at 1:00
17 p.m.; and that I remained until 1:30 p.m.
18 I further certify that there was no appearance by the
witness, nor anyone on their behalf.
19
WITNESS MY HAND AND SEAL in the County of Broward, State
20 of Florida, this 12th day of August 2022.
21
22 JZOMZ 9edmann
Mon-i ca Go Fdmann
23 Court Reporter/Notary Public
MY COMMISSION #: HH 146002
24 EXPIRATION: 6/27/2025
25
1
1 IN THE CIRCUIT COURT OF THE 17TH JUDICICAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
2
CASE NO.: 2021-CA-007642
3
4
NECHAMA & AMIR BEN-ISHAY,
5
6 Plaintiffs,
1
8
VS.
TYTAP INSURANCE COMPANY,
C@PY
9
Defendant.
10
11 CERTIFICATE OF NON-APPEARANCE
12 STATE OF FLORIDA
BROWARD COUNTY, FLORIDA
13
Monica Goldmann, a Court Reporter and a Notary Public
I,
14 .in and for the State of Florida, do hereby certify that
pursuant a Notice of Taking Deposition in the above styled
15 cause, I was present via Zoom videoconferencing on August 12,
2022, at 1:00 a.m., for the purpose of reporting the
16 deposition of the Corporate Representative of Victory E&I
Roofing and Construction LLC, scheduled to begin at 1:00
17 p.m.; and that I remained until 1:30 p.m.
18 I further certify that there was no appearance by the
witness, nor anyone on their behalf.
19
WITNESS MY HAND AND SEAL in the County of Broward, State
20 of Florida, this 12th day of August 2022.
21
22 nmecaqoedmam
Monica GoIdmann
23 Court Reporter/Notary Public
MY COMMISSION #: HH 146002
24 EXPIRATION: 6/27/2025
25
i
Preview
Filing# 155844857 E-Filed 08/22/2022 05:16:52 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Case No.: CACE-21-007642 NECHAMA & AMIR BEN-ISHAY, Plaintiffs, V TYPTAP INSURANCE COMPANY, Defendant. i DEFENDANT'S MOTION FOR RULE TO SHOW CAUSE COMES NOW the Defendant, TYPTAP INSURANCE COMPANY ("Defendant"),by and through the undersigned counsel, and hereby moves this Honorable Court to issue a Rule to Show Cause why Victory E&I Roofing and Construction LLC should not be held in contempt of Court, and as grounds therefore says: 1. That this is an action for breach of contract for the Defendant's allegedfailure to pay Homeowner's benefits. 2. On April 15, 2021, Plaintiff filed its Complaint. 3 That on or about July 28,2022, the Defendant filed their notice of intent to take the depositionof the Corporate Representativeof Victory E&I Roofing and Construction LLC on August 12,2022. (See Exhibit "A") 4. On August 5,2022, Jean P was served with a Subpoena Duces Tecum via personal process server. (See Exhibit "B") 5. That despiteperfectionof service ofthe Notice of Depositionand Subpoena Duces *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/22/2022 05:16:52 PM.**** Tecum upon dispatcher for the Corporate Representative of Victory E&I Roofing and Construction LLC, the CorporateRepresentativeofVictory E & I Roofing and Construction LLC failed to appear for its depositionon August 12,2022 at 1:00 pm. As a result,a Certificate ofNon- Appearance was obtained. (See Exhibit "C".) 6. That based on the foregoing,the Court should compel Victory E&I Roofing and Construction LLC to appear before this Court and show cause as to why it should not be held in to appear for the deposition. contempt for failing 7. That the Defendant requests the following relief from this Court: A. An award of attorney fees and court costs associated with the preparation time regarding the Defendant's attempt to take the above-referenced depositionsas well as the attorney fees and court costs associated with bringingthis matter to the Court' s attention. B. An Order compelling the deponent to appear before this Court in person and to show cause why they should not be held in contempt of Court. C. Any and all other relief which this Court deems justand proper. WHEREFORE, the Defendant, TYPTAP INSURANCE COMPANY, respectfully requests this Honorable Court enter an Order imposing sanctions againstVictory E&I Roofing and Construction LLC for its refusal to sit for enter an Order compellingthe deponent deposition, to appear before this Court to show cause as to why they should not be held in contempt, and grant the Defendant any and all other relief that the Court deems justand proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on 22nd day of August, 2022, this document was filed using the Florida Courts E-FilingPortal. This document is being served on all counsel of record by the Florida Courts EfilingPortal,pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. The addresses of counsel are: Brett L. Schlacter,Esquire;SCHLACTER LAW, bls@schlacterlaw.corn, 1108 Kane Concourse, Suite 305, Bay Harbor Islands,FL 33154, (305) 999-1111 / (305)440-1354 Nechama (F),Attorney for Plaintiffs, & Amir Ben-Ishay. KELLEY KRONENBERG WRDMNE.COUierIII Robert E. Collier III,Esq. Fla. Bar No.. 1031196 Kathryn M. Winkler, Esq. Fla. Bar No.. 93147 10360 W. State Road 84 Davie, FL 33324 Telephone:(954) 370-9970 Facsimile: (954) 382-1988 Attorney for Defendant Address for service of pleadings only rcollier@kelleykronenberg.com kwinkler@kelleykronenberg.com Filing# 154239140 E-Filed 07/28/2022 11:43:24 AM EXHIBIT"A ii IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Case No.: CACE-21-007642 NECHAMA & AMIR BEN-ISHAY, Plaintiffs, V TYPTAP INSURANCE COMPANY, Defendant. I DEFENDANT'S RE-NOTICE OF TAKING ZOOM DEPOSITION DUCES TECUM OF CORPORATE REPRESENTATIVE OF VICTORY E&I ROOFING AND CONSTRUCTION, LLC NAME DATE/TIME LOCATION Corporate August 12, VIA ZOOM - Representative 2022 LINK TO BE PROVIDED of Victory E&I at Roofing and 1:OOPM Construction LLC for the Areas of Inquiry outlined in Exhibit "A" PLEASE TAKE NOTICE that the undersigned attorney will take the depositionof. upon oral examination before United Reporting, or any other Notary Public or other officer authorized by law to take depositionsin the State of Florida. The oral examination will continue from day to day until completed. The depositionis being taken for the purpose of discovery,for use at trial,or for such other purposes as are permitted under Florida Rules of Civil Procedure 1.280,1.310,1.350,1.360,1.380,1.390,1.410; or Federal Rule of Civil Procedure 30. Case No.: CACE-21-007642 The deponent is hereby requiredto produce the following: EXHIBIT "A" Pursuant to Fla. R. Civ. P. 1.310(b)(6), the Plaintiffis requestedto designateas its corporate representativea person(s)having knowledge ofthe following areas ofinquiry: 1. Theand circumstances regarding the alleged loss that took place at real facts property located at4830NW 65th Avenue, Lauderhill,FL 33319 ("property")onNovember 8,2020. 2. The cause of any damage, or what the Deponent believes to be the cause of the damage to the associated with or related to the claim numbered 12-3002004-20 [hereinafter "subjectclaim"I. 3 The damages associated with the subjectclaim that took place on November 8, 2020. 4. The identityof,invoices or estimates obtained,and repairsmade to date as a result of allegedloss that took place on November 8,2020. 5. The individuals and/or entities retained by the deponent to inspect or repair the property, and, their conclusions, determinations, findings, or opinions regarding the subjectclaim, the damage to the property, and any suggestedrepairsor rebuilds. 6. The work performed on the property by the Deponent or individuals or entities retained by the Plaintiff,including but not limited to, any inspectionsor repairs to the property. 7. Communications between the deponent and the Insureds Nechama Ben-Ishay and Amir Ben-Ishay [hereinafter"Insureds"] regardingany assignment of benefits,contract, work authorization or other document executed between the Plaintiff and the Insureds for the subject claim or regarding the repairor rebuild of the subjectproperty due to damage arisingfrom the subjectclaim. 8 Communications between the deponent and the Insureds regardingthe damage to the property associated with the subjectclaim, includingbut not limited to any communications regardingthe date of the allegeddamage to the property and the date that the allegeddamage to the property was discovered. 9. All communications between the Deponent and a third party or non-party to the case regardingthe subjectclaim, includingbut not limited to communications with any contractor or publicadjuster. 10. All repairs,whether temporary repairs or permanent repairs,to the property that the Deponent or an entityor individual retained by the Deponent has performed to the Case No.: CACE-21-007642 subject property for damage arisingfrom the subject claim, and, the actual costs incurred to repairor rebuild the property due to damage associated with or from the subjectclaim. 11. The estimate of the costs to repairthe damage to the property or rebuild the property due to the subject claim, or the expected future costs to repair the damage to the property or rebuild the property due to the subjectclaim. 12. Any advertisingor marketing materials created by the Deponent and directed generallyor specifically to the insureds, or, other methods of solicitingbusiness, contracts or engagements with the insureds. For example, information regardinga third party that provided the Deponent with search engine optimization, leads,or referrals or sources ofreferrals. telemarketing 13. Any and all administrative code, county or municipal code, state or federal regulation,or other law, statute or code that the Deponent relied upon or that the Deponent believes may affect the repairor rebuild of the property. 14. Any and all permits associated with the property, includingbut not limited to applications for permits, open permits, closed permits, and, any inspections by any issuing authority, such as a municipal or county permit office, to approve the work associated with the permits. 15. Damage to the home priorto November 8,2020 for which deponent was retained, consulted, and/or performed services for,includingthe identity of,invoices or estimates obtained, and repairsmade to date as a result of the same. 16. The facts and circumstances regardingthe reportingof the allegedloss that took place on November 8,2020. Case No.: CACE-21-007642 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 28th day of July,2022, this document was filed using the Florida Courts E-FilingPortal. This document is being served on all counsel and pro se parties of record by the Florida Courts E-FilingPortal,pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. The mailing and electronic addresses are: Brett L. Schlacter, Esquire; SCHLACTER LAW, bls@schlacterlaw.com,1108 Kane Concourse, Suite 305, Bay Harbor Islands,FL 33154, (305) 999-1111 / Nechama & Amir (305) 440-1354 (F),Attorney for Plaintiffs, Ben-Ishay. KELLEY KRONENBERG /sl Kathryn M. Winkler Kathryn M. Winkler, Esq. Fla.Bar No.: 93147 10360 W. State Road 84 Davie, FL 33324 Telephone:(954) 370-9970 Facsimile: (954) 382-1988 Attorney for Typtap Insurance Company Address for service of pleadingsonly: kwinkler@kelleykronenberg.com Case No.: CACE-21-007642 DUCES TECUM PLEASE BRING WITH YOU THE FOLLOWING ITEMS AS INDICATED 1. Your Curriculum Vitae (CV). 2. All professional licenses. 3. Your regardingNECHAMA BEN-ISHAY and AMIR BEN-ISHAY and/or entire file the property located at 4830 NW 65th Avenue, Lauderhill, FL 33319. The documents sought by this subpoena include,but are not limited to, any and all videos obtained of the subjectproperty and/or the roof of the subjectproperty, any and all proposals,bids, estimates,repairinvoices, agreements, bills, receipts, photographs, color photographs, AccuLynx notes and/or documentation, videos, camera inspectionreports, permits,graphs, charts,inspectionreports, e-mails,correspondence,memoranda, faxes,dailylogs,phone messages, recorded notes, letters, statements, and any other documents and thingsregardingthe inspection occurringon any and all dates wherein services were provided at the property. All reference documents, including but not limited to manuals, treatises, 4. books, contractor handbooks, guides,brochures, buildingcodes, insurance policies,periodicals, journals, insurance industryguidelines, local,state, or federal codes or guidelines, samples,measurements, diagrams,and notes, you relied in estimatingthe damages in this claim and/or valuingthe damages in this claim. 5. Any and all documents evidencing software used to price or value estimates provided by to Plaintiffs. 6. Any and all documents evidencing how you calculated or valued estimates for damages at property. 7. Any and all regardingthe property. permit applications 8. Any and all permitsobtained regardingthe property. 9. advertisingor marketing materials created by the Deponent and directed Any generallyor specifically to the insureds, or, other methods of soliciting business, contracts or engagements with the insureds. For example, information regardinga third party that provided the Deponent with search engineoptimization, leads,or referrals or sources telemarketing ofreferrals. EXHIBIT'B" RETURN OF SERVICE State of Florida County of BROWARD Circuit Court Case Number: CACE-21-007642 Court Date: 8/12/2022 1:00 pm Plaintiff: NECHAMA & AMIR BEN-ISHAY 1111111111111 lili PPJ2022007761 VS. Defendant: TYPTAP INSURANCE COMPANY For: Kathryn Winkler KELLEY KRONENBERG 10360 West State Road 84 Fort Lauderdale, FL 33324 Received by Prestige Process on the 1 st day of August, 2022 at 10:56 am to be served on CORPORATE REPRESENTATIVE OF VICTORY E&I ROOFING AND CONSTRUCTION, LLC, 6990 GRIFFIN RD, C-13, DAVIE, FL 33314. I,Madeline M. Mesa, do hereby affirm that on the 5th day of August, 2022 at 9:10 am, I: served aCORPORATION by delivering a true copy of the SUBPOENA DUCES TECUM FOR DEPOSITION and DEFENDANT'S RE-NOTICE OF TAKING ZOOM DEPOSITION DUCES TECUM OF CORPORATE REPRESENTATIVE OF VICTORY E&1 ROOFING AND CONSTRUCTION, LLC with the date and hour of service endorsed thereon by me, to: Jean Pas Dispatcher for CORPORATE REPRESENTATIVE OF VICTORY E&1 ROOFING AND, at the address of 6990 GRIFFIN RD, C-13, DAVIE, FL 33314, and informed said person of the contents therein, in compliance with state statutes. I certifythat I am over the age of 18, have no interest in the above action, and that I am a Special Process Server Appointe d by the good standing, in the judicialcircuit in which the process was served. Under the perjury, I declare that I have Sheriff, in read the foregoing document and the facts in it are true. NO NOTARY REQUIRED PURSUANT TO F.S.92.525(2) AZ M.@12 Madeline M. Mesa SPS# 1592 Prestige Process P.O Box 613634 Miami, FL 33261 (786) 916-2424 Our Job Serial Number: PPJ-2022007761 Copyright @ 1992-2022 DreamBuilt Software, Inc. - Process Server's Toolbox V8.2k EXHIBIT"C" 1 IN THE CIRCUIT COURT OF THE 17TH JUDICICAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA 2 CASE NO.: 2021-CA-007642 3 4 NECHAMA & AMIR BEN-ISHAY, 5 6 Plaintiffs, 7 VS. ORIGINAL 8 TYTAP INSURANCE COMPANY, 9 Defendant. 10 11 , CERTIFICATE OF NON-APPEARANCE 12 STATE OF FLORIDA BROWARD COUNTY, FLORIDA 13 I, Monica Goldmann, a Court Reporter and a Notary Public 14 in and for the State of Florida, do hereby certify that pursuant a Notice of Taking Deposition in the above styled 15 cause, I was present via Zoom videoconferencing on August 12, 2022, at 1:00 a.m., for the purpose of reporting the 16 deposition of the Corporate Representative of Victory E&I Roofing and Construction LLC, scheduled to begin at 1:00 17 p.m.; and that I remained until 1:30 p.m. 18 I further certify that there was no appearance by the witness, nor anyone on their behalf. 19 WITNESS MY HAND AND SEAL in the County of Broward, State 20 of Florida, this 12th day of August 2022. 21 22 JZOMZ 9edmann Mon-i ca Go Fdmann 23 Court Reporter/Notary Public MY COMMISSION #: HH 146002 24 EXPIRATION: 6/27/2025 25 1 1 IN THE CIRCUIT COURT OF THE 17TH JUDICICAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA 2 CASE NO.: 2021-CA-007642 3 4 NECHAMA & AMIR BEN-ISHAY, 5 6 Plaintiffs, 1 8 VS. TYTAP INSURANCE COMPANY, C@PY 9 Defendant. 10 11 CERTIFICATE OF NON-APPEARANCE 12 STATE OF FLORIDA BROWARD COUNTY, FLORIDA 13 Monica Goldmann, a Court Reporter and a Notary Public I, 14 .in and for the State of Florida, do hereby certify that pursuant a Notice of Taking Deposition in the above styled 15 cause, I was present via Zoom videoconferencing on August 12, 2022, at 1:00 a.m., for the purpose of reporting the 16 deposition of the Corporate Representative of Victory E&I Roofing and Construction LLC, scheduled to begin at 1:00 17 p.m.; and that I remained until 1:30 p.m. 18 I further certify that there was no appearance by the witness, nor anyone on their behalf. 19 WITNESS MY HAND AND SEAL in the County of Broward, State 20 of Florida, this 12th day of August 2022. 21 22 nmecaqoedmam Monica GoIdmann 23 Court Reporter/Notary Public MY COMMISSION #: HH 146002 24 EXPIRATION: 6/27/2025 25 i