Preview
Filing # 147830902 E-Filed 04/18/2022 10:46:58 AM
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 UPDATED REQUEST FOR PRODUCTION
OF DOCUMENTS TO PLAINTIFF
Defendant, SECURITY FIRST INSURANCE COMPANY (“SECURITY FIRST”),
requests that the Plaintiff, ANTHONY DAVIS, JR. (“Plaintiffs”), 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 N. Westshore Blvd., 2™ Floor, Tampa, Florida
33607, or at such other place and time as may be agreed upon by counsel. Alternatively, the
Plaintiff 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 the Plaintiff, or the Plaintiff shall organize and label the documents to
correspond with the individually numbered categories of this Request.
1
Filing 147830902 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
DEFINITIONS AND INSTRUCTIONS
“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 Plaintiff's 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,
reports, 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
reasonably usable form;
b The original and all other copies not absolutely identical; and
Cc. 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
Filing 147830902 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 the named insured, Anthony Davis, Jr., that is the subject of the underlying lawsuit located at
4835 Key Biscayne Drive, Titusville, FL 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,
recording, 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
removed from its possession, custody or control, then Plaintiffs 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;
b The author or the document;
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Filing 147830902 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
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 Florida Court’s E-Filing Portal to: Gina Kimmel, Esq., Morgan & Morgan,
P.A. 20 N Orange Avenue, 4" Floor, Orlando, Florida at LRolon@forthepeople.com;
gkimme|@forthepeople.com, on April 18, 2022.
Quintairos, Prieto, Wood and Boyer, P.A.
/s/ Ashley Ward-Singleton
Jennifer L. Velazco, Esq. FBN: 27199
Tniv Gabay, Esq. FBN: 37487
Ashley N. Ward-Singleton, FBN: 89426
1410 North Westshore Boulevard, Suite 200
Tampa, Florida 33607
T: 813-286-8818 / F: 813-286-9998
Attorneys for Defendant
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Filing 147830902 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
EXHIBIT DOCUM! S TO BE PRODUCED
All data and reports generated by any analysis which were prepared for use in the case, or
are to be used by any witness in this case, or which contains information which could be
relevant to any issue in this case.
Any document incorporating the agreement with any expert retained for you in this case
which sets for the terms of his/her employment, the scope of his/her undertaking or the
method by which his/her computation if calculated.
Professional resume or CV of any expert retained by you, your attorneys or any
adjustment firm handling this case for you or your insured.
All investigative reports, peer reviews, engineering reports and studies and any other
documentation or information regarding any type of investigation at Plaintiffs’ home.
All estimates for damage, cosmetic or otherwise, regarding Plaintiffs’ home.
Each and every document, record or any other material responsive to the previously
propounded First Request for Production of Documents to Plaintiffs, but which has not
been produced to Defendant to date.
All documents you reasonably expect or intend to use at trial.
All documents intended by you to be used for witness impeachment, including any
deposition or other sworn testimony or statements from any witnesses, including
Plaintiffs’ experts.
All documents identified by you in your response to Defendant’s Boecher Interrogatories.
10. All documents that reflect any repairs or work performed by you or on your behalf at the
subject property, including, but not limited to, copies of bills, invoices, statements,
receipts, proof of payment via bank statements, checks, credit card statements, etc.
5
Filing 147830902 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
Preview
Filing # 147830902 E-Filed 04/18/2022 10:46:58 AM 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 UPDATED REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF Defendant, SECURITY FIRST INSURANCE COMPANY (“SECURITY FIRST”), requests that the Plaintiff, ANTHONY DAVIS, JR. (“Plaintiffs”), 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 N. Westshore Blvd., 2™ Floor, Tampa, Florida 33607, or at such other place and time as may be agreed upon by counsel. Alternatively, the Plaintiff 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 the Plaintiff, or the Plaintiff shall organize and label the documents to correspond with the individually numbered categories of this Request. 1 Filing 147830902 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX DEFINITIONS AND INSTRUCTIONS “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 Plaintiff's 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, reports, 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 reasonably usable form; b The original and all other copies not absolutely identical; and Cc. 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 Filing 147830902 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 the named insured, Anthony Davis, Jr., that is the subject of the underlying lawsuit located at 4835 Key Biscayne Drive, Titusville, FL 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, recording, 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 removed from its possession, custody or control, then Plaintiffs 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; b The author or the document; 3 Filing 147830902 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX 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 Florida Court’s E-Filing Portal to: Gina Kimmel, Esq., Morgan & Morgan, P.A. 20 N Orange Avenue, 4" Floor, Orlando, Florida at LRolon@forthepeople.com; gkimme|@forthepeople.com, on April 18, 2022. Quintairos, Prieto, Wood and Boyer, P.A. /s/ Ashley Ward-Singleton Jennifer L. Velazco, Esq. FBN: 27199 Tniv Gabay, Esq. FBN: 37487 Ashley N. Ward-Singleton, FBN: 89426 1410 North Westshore Boulevard, Suite 200 Tampa, Florida 33607 T: 813-286-8818 / F: 813-286-9998 Attorneys for Defendant 4 Filing 147830902 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX EXHIBIT DOCUM! S TO BE PRODUCED All data and reports generated by any analysis which were prepared for use in the case, or are to be used by any witness in this case, or which contains information which could be relevant to any issue in this case. Any document incorporating the agreement with any expert retained for you in this case which sets for the terms of his/her employment, the scope of his/her undertaking or the method by which his/her computation if calculated. Professional resume or CV of any expert retained by you, your attorneys or any adjustment firm handling this case for you or your insured. All investigative reports, peer reviews, engineering reports and studies and any other documentation or information regarding any type of investigation at Plaintiffs’ home. All estimates for damage, cosmetic or otherwise, regarding Plaintiffs’ home. Each and every document, record or any other material responsive to the previously propounded First Request for Production of Documents to Plaintiffs, but which has not been produced to Defendant to date. All documents you reasonably expect or intend to use at trial. All documents intended by you to be used for witness impeachment, including any deposition or other sworn testimony or statements from any witnesses, including Plaintiffs’ experts. All documents identified by you in your response to Defendant’s Boecher Interrogatories. 10. All documents that reflect any repairs or work performed by you or on your behalf at the subject property, including, but not limited to, copies of bills, invoices, statements, receipts, proof of payment via bank statements, checks, credit card statements, etc. 5 Filing 147830902 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX