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Filing # 125530714 E-Filed 04/23/2021 04:36:56 PM
IN THE CIRCUIT COURT OF THE EIGHTEEN JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
LINDA NOLAN POTTER, CASE NO.: 05-2021-CA-019085-XXXX-XX
DIVISION: T
Plaintiff,
vs.
EMANUEL JACKSON, UNITED SERVICES
AUTOMOBILE ASSOCIATION, a foreign for
profit corporation, and GOVERNMENT EMPLOYEES
INSURANCE COMPANY, a foreign for profit corporation,
Defendants.
/
DEFENDANT, UNITED SERVICES AUTOMOBILE ASSOCIATION REQUEST TO
PRODUCE TO PLAINTIFF, LINDA NOLAN POTTER
Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, by and through its
undersigned counsel, requests the Plaintiff, LINDA NOLAN POTTER, to produce the following
items within thirty (30) days in accordance with the applicable Rules of Civil Procedure:
1 Copies of all criminal convictions, disposition forms, indictments, information(s),
tegarding criminal arrests, prosecutions or convictions within the past ten (10) years.
2 Calendars, daily diaries and/or appointment books kept by, or for, the Plaintiff for
the three (3) years prior to the accident giving rise to this lawsuit, to the extent that such records
reflect any business, employment, leisure, athletic, social or other activity which the Plaintiffs
claim have been terminated, limited or restricted as a result of any injuries sustained in the accident
giving rise to the lawsuit.
3 All photographs or images, digital video or otherwise, taken or captured at the scene
of the crash on any and all cellular devices.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
4 All photographs, diagrams, or other printed or written material describing or
attempting to describe the scene of the accident alleged in the Complaint, or any persondescribed
in the Complaint.
5 All medical, hospital and/or other related bills, medical reports and/or hospital
records regarding the accident alleged in the Complaint.
6 Documentation substantiating health insurance coverage available to Plaintiff on
the date of the accident sued upon.
7 Any statements, either recorded or written, made by any Defendant in regard to the
above matter, which are in possession of Plaintiff and/or counsel for Plaintiff.
8 Any statements, either recorded or written, made by persons who have knowledge
concerning the subject incident, which are in possession of Plaintiff and/or counsel for Plaintiff.
9 Any and all films, diagnostic tests, MRI’s, x-rays, storage devices, digital images,
intra-operative photographs, and/or data compilations from which information can be obtained, or
translated if necessary which are in possession of Plaintiff and/or counsel for Plaintiff.
10. Any cellular phones or other mobile communication system telephone bills,
invoices, statements, itemized accounts, or any other data compilation for the equipment owned or
used by plaintiff for the day and/or month of the loss.
11. Ifclaims are made for lost wages in the past or loss of earning capacity in the future,
any Federal Income Tax Returns and W-2 Forms of Plaintiff herein from five (5) years prior to the
accident sued upon to the present.
12. Ifclaims are made for lost wages in the past or loss of earning capacity in the future,
any withholding statements, pay envelopes, deposit slips, or any other evidence of income earned
by Plaintiff for the current calendar year.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
13. Any and all medical records, hospital records, emergency room records and records
from any health care provider pertaining to the treatment of Plaintiff for any reason in the ten (10)
years prior to the referenced incident.
14. Any and all bills, statements or receipts relating to any non-medical expenses
claimed as damages in this lawsuit that have not been produced in response to any of the preceding
paragraphs.
15. Any bills and/or estimates for the repair of the vehicle any other damaged property.
16. If the vehicle was not repairable, in addition, attach estimates of the value of the
vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value.
17. Any and all photographs of the vehicles involved in the incident before and after
the accident.
18. Any and all photographs of Plaintiff depicting injuries sustained as a result of the
within incident.
19. Any releases, “Mary Carter Agreements,” and any other type of settlement
agreements between Plaintiff and any other party which may have been responsible for the
damages claimed by Plaintiff.
20. Any and all policies of insurance providing collateral source payments to Plaintiff,
including, but not limited to, PIP insurance, medical payment insurance, disability insurance,
and/or employment related insurance.
21. Copies of screenshots of all photographs or digital images associated with any
social media and/or social networking during the two years prior to the date of loss. Nucci v.
Target Corp., 162 So. 3rd 146 (Fla. 4th DCA 2015).
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
22. Copies of screenshots of all photographs or digital images associated with any
social media and/or social networking from the date of loss to present.
23. For each cellular telephone in use or possession of plaintiff on the date of the loss,
copies of screenshots of all photographs or digital images during the two years prior to the date of
loss.
24. For each cellular telephone in use or possession of plaintiff on the date of the loss,
copies of screenshots of all photographs or digital images from the date of loss to present.
25. For each cellular telephone in use or possession of plaintiff on the date of the loss,
copies of any documentation outlining calls made or received on the date of loss.
26. All reports, statements, written opinions and affidavits prepared by any experts
retained by, or on behalf of, Plaintiff and who may be called to testify at the trial of this cause.
27. A copy of Plaintiff's driver's license, if any.
28. Any and all letters of protection and notices of liens entered into by any medical
provider rendering treatment to the Plaintiff.
29. All pharmacy records for prescriptions incurred before and after the incident which
is the subject of this lawsuit.
30. Copies of any and all records generated by any and all health care providers,
including any hospitals, medical centers, providers affiliated with medical centers, clinics,
physicians, and diagnostic testing providers, who have treated, examined or tested Plaintiff not in
connection with the subject incident and resulting injuries in the past ten (10) years.
Incident Reports, including incident and police report, for any and all incidents that Plaintiff has
been involved in within the ten (10) year period before the incident giving rise to this case.
31. Any reports for the incident or accident which is the subject of this lawsuit.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
32. Any reports for any incident or accident subsequent to the incident which is the
subject of this lawsuit
33. Copies of any and all statements taken of any witnesses (written or recorded) as a
result of the incident that serves as the basis for the above captioned lawsuit.
34, All documents, papers or evidence to be introduced at trial.
35. A copy of any and all health insurance cards, including but not limited to
Medicare/Medicaid cards, Plaintiff has used for any claimed accident-related medical expenses
as well as any medical care or treatment for the past ten (10) years.
36. Calendars, daily diaries and/or appointment books kept by, or for, the Plaintiffs
since the accident giving rise to this lawsuit.
37. All vehicle video or photo monitoring data including, but not limited to, from video
cameras, dashcam, or other recording devices in or on the vehicle for the month of the incident as
alleged in the complaint.
38. All vehicle monitoring or navigational data (e.g. waze) including, but not limited
to ‘black box’, information services, entertainment equipment or other record information by the
vehicle and devices in or on the vehicle for the month of the incident as alleged in the complaint.
39. List of all social media networking accounts you had - have from two years prior
to the date of loss to present.
40. List of all cell phone accounts you had - have used to take photographs from two
years prior to the date of loss to present.
41. A copy of any declaration of coverage or policies providing liability insurance to
any party alleged to have been negligent for this accident.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via automatic
email generated by the Florida Courts E-Filing Portal to: Eric S. Gillin, Esq., GILLIN GILLIN &
LINDBAEK, P.A., 222 North Harbor City Boulevard, Melbourne, Florida 32935,
eric@brevardjustice.com this 23rd day of April, 2021.
LAW OFFICES OF ROBERT D. TETREAULT
Attorneys for Defendant UNITED SERVICES
AUTOMOBILE ASSOCIATION
1000 South Pine Island Road
Suite 420
Plantation, Florida 33324
Primary e-mail: hal.pld.sfl@usaa.com;
Secondary e-mail: hans.laurenceau@usaa.com
Office (954) 370-3129
Direct (786) 778-2867
Fax (954) 474-0689
|o] Hans A. Laurenceau
By
HANS A. LAURENCEAU
Florida Bar No.: 12377
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
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Filing # 125530714 E-Filed 04/23/2021 04:36:56 PM IN THE CIRCUIT COURT OF THE EIGHTEEN JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA LINDA NOLAN POTTER, CASE NO.: 05-2021-CA-019085-XXXX-XX DIVISION: T Plaintiff, vs. EMANUEL JACKSON, UNITED SERVICES AUTOMOBILE ASSOCIATION, a foreign for profit corporation, and GOVERNMENT EMPLOYEES INSURANCE COMPANY, a foreign for profit corporation, Defendants. / DEFENDANT, UNITED SERVICES AUTOMOBILE ASSOCIATION REQUEST TO PRODUCE TO PLAINTIFF, LINDA NOLAN POTTER Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, by and through its undersigned counsel, requests the Plaintiff, LINDA NOLAN POTTER, to produce the following items within thirty (30) days in accordance with the applicable Rules of Civil Procedure: 1 Copies of all criminal convictions, disposition forms, indictments, information(s), tegarding criminal arrests, prosecutions or convictions within the past ten (10) years. 2 Calendars, daily diaries and/or appointment books kept by, or for, the Plaintiff for the three (3) years prior to the accident giving rise to this lawsuit, to the extent that such records reflect any business, employment, leisure, athletic, social or other activity which the Plaintiffs claim have been terminated, limited or restricted as a result of any injuries sustained in the accident giving rise to the lawsuit. 3 All photographs or images, digital video or otherwise, taken or captured at the scene of the crash on any and all cellular devices. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX 4 All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any persondescribed in the Complaint. 5 All medical, hospital and/or other related bills, medical reports and/or hospital records regarding the accident alleged in the Complaint. 6 Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon. 7 Any statements, either recorded or written, made by any Defendant in regard to the above matter, which are in possession of Plaintiff and/or counsel for Plaintiff. 8 Any statements, either recorded or written, made by persons who have knowledge concerning the subject incident, which are in possession of Plaintiff and/or counsel for Plaintiff. 9 Any and all films, diagnostic tests, MRI’s, x-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained, or translated if necessary which are in possession of Plaintiff and/or counsel for Plaintiff. 10. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or any other data compilation for the equipment owned or used by plaintiff for the day and/or month of the loss. 11. Ifclaims are made for lost wages in the past or loss of earning capacity in the future, any Federal Income Tax Returns and W-2 Forms of Plaintiff herein from five (5) years prior to the accident sued upon to the present. 12. Ifclaims are made for lost wages in the past or loss of earning capacity in the future, any withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff for the current calendar year. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX 13. Any and all medical records, hospital records, emergency room records and records from any health care provider pertaining to the treatment of Plaintiff for any reason in the ten (10) years prior to the referenced incident. 14. Any and all bills, statements or receipts relating to any non-medical expenses claimed as damages in this lawsuit that have not been produced in response to any of the preceding paragraphs. 15. Any bills and/or estimates for the repair of the vehicle any other damaged property. 16. If the vehicle was not repairable, in addition, attach estimates of the value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value. 17. Any and all photographs of the vehicles involved in the incident before and after the accident. 18. Any and all photographs of Plaintiff depicting injuries sustained as a result of the within incident. 19. Any releases, “Mary Carter Agreements,” and any other type of settlement agreements between Plaintiff and any other party which may have been responsible for the damages claimed by Plaintiff. 20. Any and all policies of insurance providing collateral source payments to Plaintiff, including, but not limited to, PIP insurance, medical payment insurance, disability insurance, and/or employment related insurance. 21. Copies of screenshots of all photographs or digital images associated with any social media and/or social networking during the two years prior to the date of loss. Nucci v. Target Corp., 162 So. 3rd 146 (Fla. 4th DCA 2015). Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX 22. Copies of screenshots of all photographs or digital images associated with any social media and/or social networking from the date of loss to present. 23. For each cellular telephone in use or possession of plaintiff on the date of the loss, copies of screenshots of all photographs or digital images during the two years prior to the date of loss. 24. For each cellular telephone in use or possession of plaintiff on the date of the loss, copies of screenshots of all photographs or digital images from the date of loss to present. 25. For each cellular telephone in use or possession of plaintiff on the date of the loss, copies of any documentation outlining calls made or received on the date of loss. 26. All reports, statements, written opinions and affidavits prepared by any experts retained by, or on behalf of, Plaintiff and who may be called to testify at the trial of this cause. 27. A copy of Plaintiff's driver's license, if any. 28. Any and all letters of protection and notices of liens entered into by any medical provider rendering treatment to the Plaintiff. 29. All pharmacy records for prescriptions incurred before and after the incident which is the subject of this lawsuit. 30. Copies of any and all records generated by any and all health care providers, including any hospitals, medical centers, providers affiliated with medical centers, clinics, physicians, and diagnostic testing providers, who have treated, examined or tested Plaintiff not in connection with the subject incident and resulting injuries in the past ten (10) years. Incident Reports, including incident and police report, for any and all incidents that Plaintiff has been involved in within the ten (10) year period before the incident giving rise to this case. 31. Any reports for the incident or accident which is the subject of this lawsuit. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX 32. Any reports for any incident or accident subsequent to the incident which is the subject of this lawsuit 33. Copies of any and all statements taken of any witnesses (written or recorded) as a result of the incident that serves as the basis for the above captioned lawsuit. 34, All documents, papers or evidence to be introduced at trial. 35. A copy of any and all health insurance cards, including but not limited to Medicare/Medicaid cards, Plaintiff has used for any claimed accident-related medical expenses as well as any medical care or treatment for the past ten (10) years. 36. Calendars, daily diaries and/or appointment books kept by, or for, the Plaintiffs since the accident giving rise to this lawsuit. 37. All vehicle video or photo monitoring data including, but not limited to, from video cameras, dashcam, or other recording devices in or on the vehicle for the month of the incident as alleged in the complaint. 38. All vehicle monitoring or navigational data (e.g. waze) including, but not limited to ‘black box’, information services, entertainment equipment or other record information by the vehicle and devices in or on the vehicle for the month of the incident as alleged in the complaint. 39. List of all social media networking accounts you had - have from two years prior to the date of loss to present. 40. List of all cell phone accounts you had - have used to take photographs from two years prior to the date of loss to present. 41. A copy of any declaration of coverage or policies providing liability insurance to any party alleged to have been negligent for this accident. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via automatic email generated by the Florida Courts E-Filing Portal to: Eric S. Gillin, Esq., GILLIN GILLIN & LINDBAEK, P.A., 222 North Harbor City Boulevard, Melbourne, Florida 32935, eric@brevardjustice.com this 23rd day of April, 2021. LAW OFFICES OF ROBERT D. TETREAULT Attorneys for Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION 1000 South Pine Island Road Suite 420 Plantation, Florida 33324 Primary e-mail: hal.pld.sfl@usaa.com; Secondary e-mail: hans.laurenceau@usaa.com Office (954) 370-3129 Direct (786) 778-2867 Fax (954) 474-0689 |o] Hans A. Laurenceau By HANS A. LAURENCEAU Florida Bar No.: 12377 Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX