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Filing # 108079231 E-Filed 05/28/2020 03:43:53 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
ANTHONY DAVIS, JR.,
Case No. 2020-CA-024628
Plaintiff,
vs.
SECURITY FIRST INSURANCE COMPANY,
Defendant.
DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
The Defendant, SECURITY FIRST INSURANCE COMPANY (“SFIC”), requests that
Plaintiffs, ANTHONY DAVIS, JR., produce the documents or things designated on the attached
Exhibit “A” for inspection and copying at the offices of Quintairos, Prieto, Wood, & Boyer,
P.A., 1410 North Westshore Blvd., Suite 200, Tampa, Florida 33607, or at such other place and
time as may be agreed upon by counsel. Alternatively, Plaintiffs may produce the documents
identified herein by providing legible copies of said documents to counsel for the Defendant in
conjunction with service of their written response to this Request for Production within thirty
(30) days from the date of service hereof.
This Request relates to all documents in the possession, custody or control of the
Plaintiffs or any agent or other person acting or allegedly acting on Plaintiffs’ behalf.
Pursuant to Rule 1.350(b) of the Florida Rules of Civil Procedure, the documents
produced for inspection pursuant to this Request shall be produced either as they are kept in the
usual course by Plaintiff, or Plaintiffs shall organize and label the documents to correspond with
the individually numbered categories of this Request.
Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
DEFINITIONS AND INSTRUCTIONS
1 “Person” means any natural person, corporation, partnership, proprietorship, joint
venture, association, governmental entity or other legal entity.
2 “Agent” means agent, attorney, officer, director, employee or other authorized
representative.
3 “Document” means:
a. All written, printed, typed, recorded or graphic matter of every type and
description, however and by whomever prepared, produced, reproduced, disseminated or made,
in the Plaintiffs’ actual or constructive possession, custody or control, including but not limited
to, all writings, letters, minutes, bulletins, correspondence, telegrams, memoranda, notes,
instructions, literature, work assignments, notebooks, records, agreements, contracts, notations of
telephone or personal conversations or conferences, address books, interoffice communications,
receipts, microfilm, circulars, pamphlets, advertisements, catalogs, studies, notices, summaries,
teports, books, invoices, checks, bills, graphs, photographs, drafts, data sheets, data
compilations, computer data sheets, computer data compilations, work sheets, calendars,
statistics, speeches or other writings, tape recordings, transcripts of tape recordings, phonograph
records or data compilations from which information can be obtained or translated into
teasonably usable form;
b The original and all other copies not absolutely identical; and
c All drafts and notes (whether typed, handwritten or otherwise) made or
prepared in connection with such documents, whether used or not.
4 “Communication” means any contact, oral or written, formal or informal, at any
time or place, under any circumstance, in any manner, whereby a statement of any nature is
2
Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
transmitted or transferred, including any meeting or other conversation, and shall include,
without limitation, any document relating to any such contact.
5 The “Residence” shall mean the real property and related improvements owned
by Plaintiffs that is the subject of the underlying lawsuit alleged to be insured by SFIC located at
4835 Key Biscayne Drive. Titusville, Florida, 32780.
6. The words “and” and “or” shall be construed conjunctively or disjunctively as
necessary to make the specific request inclusive rather than exclusive.
7
“Relating to” means referring to, reflecting, responding to, commenting upon,
tecording, discussing, showing, describing, analyzing, constituting or in any way concerning.
8 The terms “you” or “your” refer to Plaintiff(s) in this action.
9. The singular form of a noun or pronoun shall be considered to include within its
meaning the plural form of the noun or pronoun so used, and vice versa; the use of a masculine
form of a pronoun shall be considered to include also within its meaning the feminine form of
the pronoun so used, and vice versa; and the use of any tense of any verb shall be considered to
include also within its meaning all other tenses of the verb so used.
10. If any document requested herein was at one time in existence and under
Plaintiffs’ possession, custody or control but has been lost, discarded or destroyed or has been
temoved from its possession, custody or control, then Plaintiff(s) shall provide, with respect to
each such document, a description of the document and the date it was lost, discarded, destroyed
or removed.
11. If any document or portion thereof is or will be withheld because of a claim of
privilege or work product, state the following:
a. The basis on which the privilege is or will be claimed;
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Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
b The author or the document;
Cc. The identity of each person to whom the document indicates the original
or a copy was sent, and any other person who at any time possessed the document or a copy
thereof.
d The date of the document;
e. The general subject matter of the document or portion thereof for which
privilege is claimed; and
f. The type of document (e.g., memorandum, report, draft, letter, etc.).
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the above and foregoing has
been furnished via E-Service to: Corey B. Justus, Esq., The Nation Law Firm, LLP 570 Crown
Oak Centre Drive, Longwood, Florida (lobrien@nationlaw.com; cjustu@nationlaw.com) on May
28, 2020.
Quintairos, Prieto, Wood and Boyer, P.A.
4s/ Jennifer L. Velazco
Jennifer L. Velazco, Esq. FBN: 27199
Tniv Gabay, Esq. FBN: 37487
1410 North Westshore Boulevard, Suite 200
Tampa, Florida 33607
T: 813-286-8818 / F: 813-286-9998
Attorneys for Defendant
Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
EXHIBIT A
DOCUM 'S TO BE PRODUCED
All documents which relate to the design, financing, improvement and/or construction of the
Residence.
All documents prepared by you or any other person or entity purporting to record events or
conditions at the Residence which form the basis of your lawsuit.
All records of inspections from the State of Florida, the County or municipality, or the bank
or finance company relating to the value, design, improvement and/or construction of the
Residence, including but not limited to inspection reports, disclosure statements, and any and
all documents specifically relating to the Residence.
All documents pertaining to any work performed on or at the Residence by any general
contractor, plumber, subcontractor and/or material supplier.
All documents pertaining to the Plaintiff's purchase of the Residence, including, without
limitation, the contract for purchase and sale, the closing statement, the seller’s disclosure
statement, the listing agreement, the deed, any appraisals, inspection reports, surveys,
photographs, maintenance and repair records, loan documents and all correspondence with
the sellers, real estate agents or any other individual involved in or aware of the sales
transaction.
All documents concerning any and all repairs, modifications, improvements and/or additions
to the Residence since the Plaintiff's Purchase of the Residence.
All correspondence between Plaintiffs and Defendant, including their agents and attorneys,
tegarding the subject matter of the instant claim and litigation.
Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
All invoices and receipts from any repair work performed on Plaintiff's residence since
Plaintiffs’ purchase of the residence.
All sales receipts from the purchase of personal property that you claim were damaged as a
result of the claimed loss at issue in this litigation.
10. All invoices and receipts from any company hired to make repairs at the Plaintiff’s residence
as a result of the claim at issue in this litigation.
11 All receipts from alternate living expenses incurred by you as a result of the claimed loss at
issue in this litigation.
12. All proposals, contracts, or estimates procured by you or on your behalf to repair the damage
to your residence resulting from the claimed loss at issue in this litigation.
13 All documents related to the installation, removal, replacement, or repair of the floor
coverings, cabinetry, baseboards, windows, doors, walls, ceilings, or fixtures at your
residence.
14. All contracts entered into with any third parties for the performance of repairs at your
Residence since the reporting of your claim that is at issue in this lawsuit against SFIC.
15 All communications between Plaintiff and any third party regarding the subject matter of the
instant claim and litigation.
16. Color copies of all photographs, videos, diagrams, models, drawings, sketches, blueprints or
any other reproduction of the subject risk made before, after, or during the claimed loss that
is the subject of this litigation.
17 All investigative reports concerning the Plaintiff's claim and all written communications
between Plaintiff and any third party concerning said report(s).
Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
18. All documentation regarding payments to experts retained regarding the subject matter of the
instant claim and litigation.
19. Any photographs of alleged damage to the Residence, including but not limited to all
photographs taken by any expert, consultant, contractor, engineer, technician, or any other
individual or company that inspected the residence relating to the damage at issue in this
litigation.
20. All water bills for the Plaintiff’s residence from June 1, 2019 to the present.
Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
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Filing # 108079231 E-Filed 05/28/2020 03:43:53 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA ANTHONY DAVIS, JR., Case No. 2020-CA-024628 Plaintiff, vs. SECURITY FIRST INSURANCE COMPANY, Defendant. DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF The Defendant, SECURITY FIRST INSURANCE COMPANY (“SFIC”), requests that Plaintiffs, ANTHONY DAVIS, JR., produce the documents or things designated on the attached Exhibit “A” for inspection and copying at the offices of Quintairos, Prieto, Wood, & Boyer, P.A., 1410 North Westshore Blvd., Suite 200, Tampa, Florida 33607, or at such other place and time as may be agreed upon by counsel. Alternatively, Plaintiffs may produce the documents identified herein by providing legible copies of said documents to counsel for the Defendant in conjunction with service of their written response to this Request for Production within thirty (30) days from the date of service hereof. This Request relates to all documents in the possession, custody or control of the Plaintiffs or any agent or other person acting or allegedly acting on Plaintiffs’ behalf. Pursuant to Rule 1.350(b) of the Florida Rules of Civil Procedure, the documents produced for inspection pursuant to this Request shall be produced either as they are kept in the usual course by Plaintiff, or Plaintiffs shall organize and label the documents to correspond with the individually numbered categories of this Request. Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX DEFINITIONS AND INSTRUCTIONS 1 “Person” means any natural person, corporation, partnership, proprietorship, joint venture, association, governmental entity or other legal entity. 2 “Agent” means agent, attorney, officer, director, employee or other authorized representative. 3 “Document” means: a. All written, printed, typed, recorded or graphic matter of every type and description, however and by whomever prepared, produced, reproduced, disseminated or made, in the Plaintiffs’ actual or constructive possession, custody or control, including but not limited to, all writings, letters, minutes, bulletins, correspondence, telegrams, memoranda, notes, instructions, literature, work assignments, notebooks, records, agreements, contracts, notations of telephone or personal conversations or conferences, address books, interoffice communications, receipts, microfilm, circulars, pamphlets, advertisements, catalogs, studies, notices, summaries, teports, books, invoices, checks, bills, graphs, photographs, drafts, data sheets, data compilations, computer data sheets, computer data compilations, work sheets, calendars, statistics, speeches or other writings, tape recordings, transcripts of tape recordings, phonograph records or data compilations from which information can be obtained or translated into teasonably usable form; b The original and all other copies not absolutely identical; and c All drafts and notes (whether typed, handwritten or otherwise) made or prepared in connection with such documents, whether used or not. 4 “Communication” means any contact, oral or written, formal or informal, at any time or place, under any circumstance, in any manner, whereby a statement of any nature is 2 Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX transmitted or transferred, including any meeting or other conversation, and shall include, without limitation, any document relating to any such contact. 5 The “Residence” shall mean the real property and related improvements owned by Plaintiffs that is the subject of the underlying lawsuit alleged to be insured by SFIC located at 4835 Key Biscayne Drive. Titusville, Florida, 32780. 6. The words “and” and “or” shall be construed conjunctively or disjunctively as necessary to make the specific request inclusive rather than exclusive. 7 “Relating to” means referring to, reflecting, responding to, commenting upon, tecording, discussing, showing, describing, analyzing, constituting or in any way concerning. 8 The terms “you” or “your” refer to Plaintiff(s) in this action. 9. The singular form of a noun or pronoun shall be considered to include within its meaning the plural form of the noun or pronoun so used, and vice versa; the use of a masculine form of a pronoun shall be considered to include also within its meaning the feminine form of the pronoun so used, and vice versa; and the use of any tense of any verb shall be considered to include also within its meaning all other tenses of the verb so used. 10. If any document requested herein was at one time in existence and under Plaintiffs’ possession, custody or control but has been lost, discarded or destroyed or has been temoved from its possession, custody or control, then Plaintiff(s) shall provide, with respect to each such document, a description of the document and the date it was lost, discarded, destroyed or removed. 11. If any document or portion thereof is or will be withheld because of a claim of privilege or work product, state the following: a. The basis on which the privilege is or will be claimed; 3 Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX b The author or the document; Cc. The identity of each person to whom the document indicates the original or a copy was sent, and any other person who at any time possessed the document or a copy thereof. d The date of the document; e. The general subject matter of the document or portion thereof for which privilege is claimed; and f. The type of document (e.g., memorandum, report, draft, letter, etc.). CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished via E-Service to: Corey B. Justus, Esq., The Nation Law Firm, LLP 570 Crown Oak Centre Drive, Longwood, Florida (lobrien@nationlaw.com; cjustu@nationlaw.com) on May 28, 2020. Quintairos, Prieto, Wood and Boyer, P.A. 4s/ Jennifer L. Velazco Jennifer L. Velazco, Esq. FBN: 27199 Tniv Gabay, Esq. FBN: 37487 1410 North Westshore Boulevard, Suite 200 Tampa, Florida 33607 T: 813-286-8818 / F: 813-286-9998 Attorneys for Defendant Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX EXHIBIT A DOCUM 'S TO BE PRODUCED All documents which relate to the design, financing, improvement and/or construction of the Residence. All documents prepared by you or any other person or entity purporting to record events or conditions at the Residence which form the basis of your lawsuit. All records of inspections from the State of Florida, the County or municipality, or the bank or finance company relating to the value, design, improvement and/or construction of the Residence, including but not limited to inspection reports, disclosure statements, and any and all documents specifically relating to the Residence. All documents pertaining to any work performed on or at the Residence by any general contractor, plumber, subcontractor and/or material supplier. All documents pertaining to the Plaintiff's purchase of the Residence, including, without limitation, the contract for purchase and sale, the closing statement, the seller’s disclosure statement, the listing agreement, the deed, any appraisals, inspection reports, surveys, photographs, maintenance and repair records, loan documents and all correspondence with the sellers, real estate agents or any other individual involved in or aware of the sales transaction. All documents concerning any and all repairs, modifications, improvements and/or additions to the Residence since the Plaintiff's Purchase of the Residence. All correspondence between Plaintiffs and Defendant, including their agents and attorneys, tegarding the subject matter of the instant claim and litigation. Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX All invoices and receipts from any repair work performed on Plaintiff's residence since Plaintiffs’ purchase of the residence. All sales receipts from the purchase of personal property that you claim were damaged as a result of the claimed loss at issue in this litigation. 10. All invoices and receipts from any company hired to make repairs at the Plaintiff’s residence as a result of the claim at issue in this litigation. 11 All receipts from alternate living expenses incurred by you as a result of the claimed loss at issue in this litigation. 12. All proposals, contracts, or estimates procured by you or on your behalf to repair the damage to your residence resulting from the claimed loss at issue in this litigation. 13 All documents related to the installation, removal, replacement, or repair of the floor coverings, cabinetry, baseboards, windows, doors, walls, ceilings, or fixtures at your residence. 14. All contracts entered into with any third parties for the performance of repairs at your Residence since the reporting of your claim that is at issue in this lawsuit against SFIC. 15 All communications between Plaintiff and any third party regarding the subject matter of the instant claim and litigation. 16. Color copies of all photographs, videos, diagrams, models, drawings, sketches, blueprints or any other reproduction of the subject risk made before, after, or during the claimed loss that is the subject of this litigation. 17 All investigative reports concerning the Plaintiff's claim and all written communications between Plaintiff and any third party concerning said report(s). Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX 18. All documentation regarding payments to experts retained regarding the subject matter of the instant claim and litigation. 19. Any photographs of alleged damage to the Residence, including but not limited to all photographs taken by any expert, consultant, contractor, engineer, technician, or any other individual or company that inspected the residence relating to the damage at issue in this litigation. 20. All water bills for the Plaintiff’s residence from June 1, 2019 to the present. Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX