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Filing# 154239140 E-Filed 07/28/2022 11:43:24 AM
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 OPTIMUM CONTRACTORS INC
NAME DATE/TIME LOCATION
Corporate August 15, VIA ZOOM -
Representative 2022 LINK TO BE PROVIDED
of Optimum at
Contractors Inc 9:OOAM
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 in the State of Florida. The
depositions oral examination will continue
from day to day until completed. The depositionis being taken for the purpose of discovery,for
use at or for such other purposes as are permitted under Florida Rules of Civil Procedure
trial,
1.280,1.310,1.350,1.360,1.380,1.390,1.410; or Federal Rule of Civil Procedure 30.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/28/2022 11:43:24 AM.****
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.
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Filing# 154239140 E-Filed 07/28/2022 11:43:24 AM 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 OPTIMUM CONTRACTORS INC NAME DATE/TIME LOCATION Corporate August 15, VIA ZOOM - Representative 2022 LINK TO BE PROVIDED of Optimum at Contractors Inc 9:OOAM 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 in the State of Florida. The depositions oral examination will continue from day to day until completed. The depositionis being taken for the purpose of discovery,for use at or for such other purposes as are permitted under Florida Rules of Civil Procedure trial, 1.280,1.310,1.350,1.360,1.380,1.390,1.410; or Federal Rule of Civil Procedure 30. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/28/2022 11:43:24 AM.**** 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.