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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 NOTICE OF DEMAND FOR PRESERVATION OF ELECTRONIC
DATA AND OTHER EVIDENCE
Defendant hereby gives notice that it will be making requests for documents and/or data
which are, or may be, in an electronic format and/or stored in an electronic format. Additionally,
Defendant will be making requests to inspect the subject property at issue and the claimed
damage to the roof. In order to assist the proper production of such documents and inspection of
property, Defendant hereby demands that Plaintiff take the following steps to preserve such
evidence, materials, documents, data, hardware, and software, and to prevent the spoliation of
any evidence.
1 Immediately cease any deletion of documents responsive to any of the requests for
production served by Defendant, and all other documents relevant to any claim or defense
taised in this case. This includes cessation of any document deletion/destruction
procedure which you normally employ, such as any auto-delete computer functions
and/or recycling of any computer backup tapes or computer disks or hard drives.
Take appropriate precautions to prevent any data and/or documents relevant to this case
(including all drafts and versions of such documents), presently recorded or preserved in
Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
an electronic format, from being deleted, altered, or over-written by the continued use of
any computer equipment and/or by the inputting of additional data.
Take appropriate precautions to preserve all hardware, including, without limitation, all
computers, network servers, hard drives, and peripheral devices, which have at any time
housed any documents, data, and/or software that may be pertinent to this case, including
any that may be responsive to Defendant’s discovery requests.
Take appropriate steps to prevent any computer programs/software that may be pertinent
to this case, including, without limitation, any that may be responsive to Defendant's
discovery requests, from being destroyed, deleted or altered.
Refrain from performing any permanent unilateral repairs, destroying any evidence or
altering the condition of the subject property located at 4835 Key Biscayne Drive,
Titusville, Florida, 32780.
Plaintiff has a duty under the Florida Rules of Civil Procedure and applicable codes of
professional responsibility to take reasonable action to prevent destruction/spoliation of
relevant documents, materials, and other evidence. Defendant gives notice that Defendant
will seek sanctions against Plaintiff and/or its counsel in the event that Defendant has
determined that any relevant documents, data, materials, or other evidence are altered,
destroyed, either intentionally or unintentionally. In the event Plaintiff decides to perform
any repairs or alter the current condition of the property, Defendant, at minimum, requests
Plaintiff to provide access to the property and advise the undersigned immediately if and
when any such activity is scheduled to occur at the subject property sot that an inspection can
be set up before such matters occur.
Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
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.
/s/ 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
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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 NOTICE OF DEMAND FOR PRESERVATION OF ELECTRONIC DATA AND OTHER EVIDENCE Defendant hereby gives notice that it will be making requests for documents and/or data which are, or may be, in an electronic format and/or stored in an electronic format. Additionally, Defendant will be making requests to inspect the subject property at issue and the claimed damage to the roof. In order to assist the proper production of such documents and inspection of property, Defendant hereby demands that Plaintiff take the following steps to preserve such evidence, materials, documents, data, hardware, and software, and to prevent the spoliation of any evidence. 1 Immediately cease any deletion of documents responsive to any of the requests for production served by Defendant, and all other documents relevant to any claim or defense taised in this case. This includes cessation of any document deletion/destruction procedure which you normally employ, such as any auto-delete computer functions and/or recycling of any computer backup tapes or computer disks or hard drives. Take appropriate precautions to prevent any data and/or documents relevant to this case (including all drafts and versions of such documents), presently recorded or preserved in Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX an electronic format, from being deleted, altered, or over-written by the continued use of any computer equipment and/or by the inputting of additional data. Take appropriate precautions to preserve all hardware, including, without limitation, all computers, network servers, hard drives, and peripheral devices, which have at any time housed any documents, data, and/or software that may be pertinent to this case, including any that may be responsive to Defendant’s discovery requests. Take appropriate steps to prevent any computer programs/software that may be pertinent to this case, including, without limitation, any that may be responsive to Defendant's discovery requests, from being destroyed, deleted or altered. Refrain from performing any permanent unilateral repairs, destroying any evidence or altering the condition of the subject property located at 4835 Key Biscayne Drive, Titusville, Florida, 32780. Plaintiff has a duty under the Florida Rules of Civil Procedure and applicable codes of professional responsibility to take reasonable action to prevent destruction/spoliation of relevant documents, materials, and other evidence. Defendant gives notice that Defendant will seek sanctions against Plaintiff and/or its counsel in the event that Defendant has determined that any relevant documents, data, materials, or other evidence are altered, destroyed, either intentionally or unintentionally. In the event Plaintiff decides to perform any repairs or alter the current condition of the property, Defendant, at minimum, requests Plaintiff to provide access to the property and advise the undersigned immediately if and when any such activity is scheduled to occur at the subject property sot that an inspection can be set up before such matters occur. Filing 108079231 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX 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. /s/ 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