Preview
Filing# 157748915 E-Filed 09/20/2022 10:43:46 AM
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
WILLIAM GENTRY, CASE NO.: CACE-21-010718 (18)
Plaintiff,
VS.
G & H CONCRETE AND SOD, INC.,
LAKESHORE MANAGEMENT, INC.,
And SV DAVIE MHC, LLC.,
Defendant(s).
i
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO
DEFENDANT, SV DAVIE MHC, LLC
WILLIAM
The Plaintiff(s), GENTRY, by and through undersigned counsel, and pursuant
to Rule 1.350 ofthe Florida Rules of Civil Procedure, hereby requests the Defendant, SV DAVIE
MHC, LLC, to produce the following documents to the undersigned attorneys, within the time
rules,for examination, inspectionand copying and
prescribedby applicable as grounds therefore
states that the materials are in the custody or control of that party and are either relevant and
material to the issues in this cause or are reasonably calculated to lead to the discovery of
admissible evidence herein and they are not otherwise available to this party:
DEFINITIONS AND INSTRUCTIONS
Please refer to these definitions and instructions in providing your responses. Unless
otherwise clearlyindicated by the context thereof,the followingdefinitions and instructions shall
apply to each ofthe requests set forth below:
Definitions
1. "Defendant" means the corporationthat is the party to this claim.
2. "You" and/or "Your" means Defendant along with its agents, employees and subsidiary
thatyou control,unless otherwise so stated.
3 "Communication" means, without limitation,any oral,written,telephonic,
radio,video or
electronic transmission of information, demands or questions,including but not limited to
conversations, meetings, discussions, telephone calls,telegrams,telecopies,telexes, seminars,
conferences,writings, messages, notes, or memoranda.
letters,
4. "Document" or "Documents" means all "writingsand recordings".The definition is
intended to include all documents, agreements, correspondence, records,ledgers, contracts, bills,
invoices, bills of lading,inventories,financial data, memoranda, notes, or other writings,formal
1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/20/2022 10:43:43 AM.****
accountingand financial records,diaries,statements, telegrams,draft,work
or informal in nature,
papers, paper and magnetic tapes, charts, computer cards and print outs, electronicallyor
magnetically stored information or data, minutes, publications,calendars, telephone pads,
bulletins, logs and listings,
directives, in your actual or constructive possession,custody or control,
or of which you have knowledge of the existence,and whether prepared,publishedor released by
Without limitation on the foregoing,the term "documents'
you or by any other person or entity.
any copy which differs in any respect from the originalor other versions of the
shall include
documents, such as copies containing notations,insertions,corrections,marginal notes or any
variations.
5. "Identify"means, when used in reference to:
A. An individual,to state his or her (I)full name; (ii)present or last known home and
business address,includingstreet name and number, cityor town and zip code; (iii) present
or last known position, job title and job description;
B. A person other than an individual,to state its (I)full name and type of organization
or entity;(ii)address or principalplace of business; and (iii) jurisdiction and date of
or
incorporation organization, if known.
C. Documents, to state (I)the name and date of the document, the name and address
ofthe person(s)originating the document, the name and address, if any, of the person(s)to
whom the document is addressed, the names and addresses of all persons to whom copies
of the documents were to have been sent; and the organization,firm or agency with which
any such persons were connected as of the date of the document; and (ii) whether Plaintiff
is in possessionof or have under their control the originalor a copy of the document, and,
if not in possessionof an original or copy, the name and address of the custodian of each
originalcopy, and the name and address of each person who Plaintiffbelieves presentlyis
in possession of the originalor copy of such document. In lieu of identifyingparticular
documents, when such identification is requested,the document may, at Plaintiff's option,
be attached to the Response to this Request for Production, bearing an indication to which
request or requests each document relates.
D. Conversations, to state the date and place and approximate time of day of the
conversation, the identityof all persons in attendance, the subjectmatter and reasons for
the conversation,the statements made by each person, includingthe context in which they
were made and the identityof any writingsor recordingswhich exist relating thereto.
E. A claim, the name of the claimant, the nature of the claim, the names of all parties
to any lawsuit,the court number, if any, the date ofthe claim, the date upon which Plaintiff
first became aware ofthe claim, the relief sought,and the present status or final disposition
of the claim.
F. Any other item or information,to provide a particular description of the same.
6. "Notice" shall include formal and informal notification and is not limited to "notice" as
that term is used in any policyissued to the Plaintiff.
7. "Product" means the product that is the subjectof the Plaintiff's complaint.
8 The pluralshall include the singularand the singularshall include the plural.
Instructions
1. Privilege. If you contend that you are entitled to withhold information falling
within the
purview of these requests on the basis of the attorney-client the work-product doctrine,
privilege,
or any other ground, such information should be identified by providing a descriptionof the
following:
2
A. Describe the subjectmatter of the information in enough detail to determine the
validityof the claimed privilege;
B. Identify the person(s) who have knowledge or who have transmitted said
information;
C. State the nature and basis ofthe privilege
or other ground claimed for withholding
the information and;
D. The date such information was transmitted to or by you.
2. Documents. If a document, or documents will provide the requestedinformation, attach the
document(s) to your responses and indicate the request to which the document(s) is/are responsive.
REQUEST FOR PRODUCTION
1. Copies of all policiesof insurance which may provide coverage for the damages
allegedby the Plaintiff in this matter.
2. Copies of all documents form any insurance carrier of Defendant, indicatingthat
there may be grounds for a denial of insurance coverage or that the defense ofthis matter is subject
to any reservation ofrights.
3 Copies of any statements of the Plaintiff(s)
in your possession.
4. Any and all surveillance films, video, and/or photographs, of the scene of the
accident,anyone involved in the accident,anything damaged in the accident,and/or anything
changed and/or repairedin the accident taken by you or anyone on your behalf.
5. Any and all reports of experts, as requiredby Mims v. Casademont, 464 So. 2d 643
(Fla.3rd DCA 1985).
6. Any and all contracts for work, projects,contractingwork, construction work,
remodeling, and/or any other work between the Defendant and any and all corporationsand
individuals responsiblefor the premiseswhere the Plaintiffwas injuredin effect on the date ofthe
incident complained of in the Complaint.
7. and/or other documentation of construction,work,
All logs,schedules,checklists,
and/or inspectingof the premises where the Plaintiff was injuredrelatingto the job and/or project
and/or work done on that premises.
8. Any and all relevant policiesand procedures to be followed in the event of a
possiblepersonalinjuryon the premises which was in effect on the date of the incident allegedin
the Complaint.
9. A copy of any incident report concerning this accident.
3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy o f the foregoingwas served with the Summons and
)th
the Complaint on this 20? day of September, 2022.
COFFEY MCPHARLIN TRIAL LAW
Attorneys for Plaintiff
550 South Andrews Avenue, Suite 420
Fort Lauderdale, Florida 33301
-
(754) 301-2434 Direct
- Main
(954) 541-3194
(954) 780-8668
- Fax
pleadings@ct-law.com
By: /s/ Todd McPharlin
TODD R. MCPHARLIN, ESQ.
Florida Bar No.. 0114685
4
Preview
Filing# 157748915 E-Filed 09/20/2022 10:43:46 AM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION WILLIAM GENTRY, CASE NO.: CACE-21-010718 (18) Plaintiff, VS. G & H CONCRETE AND SOD, INC., LAKESHORE MANAGEMENT, INC., And SV DAVIE MHC, LLC., Defendant(s). i PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO DEFENDANT, SV DAVIE MHC, LLC WILLIAM The Plaintiff(s), GENTRY, by and through undersigned counsel, and pursuant to Rule 1.350 ofthe Florida Rules of Civil Procedure, hereby requests the Defendant, SV DAVIE MHC, LLC, to produce the following documents to the undersigned attorneys, within the time rules,for examination, inspectionand copying and prescribedby applicable as grounds therefore states that the materials are in the custody or control of that party and are either relevant and material to the issues in this cause or are reasonably calculated to lead to the discovery of admissible evidence herein and they are not otherwise available to this party: DEFINITIONS AND INSTRUCTIONS Please refer to these definitions and instructions in providing your responses. Unless otherwise clearlyindicated by the context thereof,the followingdefinitions and instructions shall apply to each ofthe requests set forth below: Definitions 1. "Defendant" means the corporationthat is the party to this claim. 2. "You" and/or "Your" means Defendant along with its agents, employees and subsidiary thatyou control,unless otherwise so stated. 3 "Communication" means, without limitation,any oral,written,telephonic, radio,video or electronic transmission of information, demands or questions,including but not limited to conversations, meetings, discussions, telephone calls,telegrams,telecopies,telexes, seminars, conferences,writings, messages, notes, or memoranda. letters, 4. "Document" or "Documents" means all "writingsand recordings".The definition is intended to include all documents, agreements, correspondence, records,ledgers, contracts, bills, invoices, bills of lading,inventories,financial data, memoranda, notes, or other writings,formal 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/20/2022 10:43:43 AM.**** accountingand financial records,diaries,statements, telegrams,draft,work or informal in nature, papers, paper and magnetic tapes, charts, computer cards and print outs, electronicallyor magnetically stored information or data, minutes, publications,calendars, telephone pads, bulletins, logs and listings, directives, in your actual or constructive possession,custody or control, or of which you have knowledge of the existence,and whether prepared,publishedor released by Without limitation on the foregoing,the term "documents' you or by any other person or entity. any copy which differs in any respect from the originalor other versions of the shall include documents, such as copies containing notations,insertions,corrections,marginal notes or any variations. 5. "Identify"means, when used in reference to: A. An individual,to state his or her (I)full name; (ii)present or last known home and business address,includingstreet name and number, cityor town and zip code; (iii) present or last known position, job title and job description; B. A person other than an individual,to state its (I)full name and type of organization or entity;(ii)address or principalplace of business; and (iii) jurisdiction and date of or incorporation organization, if known. C. Documents, to state (I)the name and date of the document, the name and address ofthe person(s)originating the document, the name and address, if any, of the person(s)to whom the document is addressed, the names and addresses of all persons to whom copies of the documents were to have been sent; and the organization,firm or agency with which any such persons were connected as of the date of the document; and (ii) whether Plaintiff is in possessionof or have under their control the originalor a copy of the document, and, if not in possessionof an original or copy, the name and address of the custodian of each originalcopy, and the name and address of each person who Plaintiffbelieves presentlyis in possession of the originalor copy of such document. In lieu of identifyingparticular documents, when such identification is requested,the document may, at Plaintiff's option, be attached to the Response to this Request for Production, bearing an indication to which request or requests each document relates. D. Conversations, to state the date and place and approximate time of day of the conversation, the identityof all persons in attendance, the subjectmatter and reasons for the conversation,the statements made by each person, includingthe context in which they were made and the identityof any writingsor recordingswhich exist relating thereto. E. A claim, the name of the claimant, the nature of the claim, the names of all parties to any lawsuit,the court number, if any, the date ofthe claim, the date upon which Plaintiff first became aware ofthe claim, the relief sought,and the present status or final disposition of the claim. F. Any other item or information,to provide a particular description of the same. 6. "Notice" shall include formal and informal notification and is not limited to "notice" as that term is used in any policyissued to the Plaintiff. 7. "Product" means the product that is the subjectof the Plaintiff's complaint. 8 The pluralshall include the singularand the singularshall include the plural. Instructions 1. Privilege. If you contend that you are entitled to withhold information falling within the purview of these requests on the basis of the attorney-client the work-product doctrine, privilege, or any other ground, such information should be identified by providing a descriptionof the following: 2 A. Describe the subjectmatter of the information in enough detail to determine the validityof the claimed privilege; B. Identify the person(s) who have knowledge or who have transmitted said information; C. State the nature and basis ofthe privilege or other ground claimed for withholding the information and; D. The date such information was transmitted to or by you. 2. Documents. If a document, or documents will provide the requestedinformation, attach the document(s) to your responses and indicate the request to which the document(s) is/are responsive. REQUEST FOR PRODUCTION 1. Copies of all policiesof insurance which may provide coverage for the damages allegedby the Plaintiff in this matter. 2. Copies of all documents form any insurance carrier of Defendant, indicatingthat there may be grounds for a denial of insurance coverage or that the defense ofthis matter is subject to any reservation ofrights. 3 Copies of any statements of the Plaintiff(s) in your possession. 4. Any and all surveillance films, video, and/or photographs, of the scene of the accident,anyone involved in the accident,anything damaged in the accident,and/or anything changed and/or repairedin the accident taken by you or anyone on your behalf. 5. Any and all reports of experts, as requiredby Mims v. Casademont, 464 So. 2d 643 (Fla.3rd DCA 1985). 6. Any and all contracts for work, projects,contractingwork, construction work, remodeling, and/or any other work between the Defendant and any and all corporationsand individuals responsiblefor the premiseswhere the Plaintiffwas injuredin effect on the date ofthe incident complained of in the Complaint. 7. and/or other documentation of construction,work, All logs,schedules,checklists, and/or inspectingof the premises where the Plaintiff was injuredrelatingto the job and/or project and/or work done on that premises. 8. Any and all relevant policiesand procedures to be followed in the event of a possiblepersonalinjuryon the premises which was in effect on the date of the incident allegedin the Complaint. 9. A copy of any incident report concerning this accident. 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy o f the foregoingwas served with the Summons and )th the Complaint on this 20? day of September, 2022. COFFEY MCPHARLIN TRIAL LAW Attorneys for Plaintiff 550 South Andrews Avenue, Suite 420 Fort Lauderdale, Florida 33301 - (754) 301-2434 Direct - Main (954) 541-3194 (954) 780-8668 - Fax pleadings@ct-law.com By: /s/ Todd McPharlin TODD R. MCPHARLIN, ESQ. Florida Bar No.. 0114685 4