On September 23, 2022 a
Response to Request for Production
was filed
involving a dispute between
Jean-Baptiste, Durlene C,
Jean-Baptiste, Gasby,
and
Universal Property & Casualty Insurance Company,
in the District Court of Broward County.
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Filing# 166278069 E-Filed 02/07/2023 11:11:49 AM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY,
FLORIDA
CASE NO.: CACE-22-014295
DURLENE C JEAN-BAPTISTE f.k.a
DURLENE CHARLES and GASBY JEAN-BAPTISTE
Plaintiffs,
V
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY
i
PLAINTIFFS' RESPONSES TO DEFENDANT'S REQUEST FOR PRODUCTION
1. Please see documentation being produced.
2. Please see documentation being produced.
3. Objection.Plaintiff asserts that Defendant's Request is overlybroad as it is not limited to
time and scope and is not reasonably calculated to lead to the discovery of admissible
evidence.
4. Objection.Plaintiff asserts that Defendant's Request is overlybroad as it is not limited to
time and scope and is not reasonably calculated to lead to the discovery of admissible
evidence.
5. Objection.Plaintiff asserts that Defendant's Request is overly broad as it is not limited to
time and scope and is not reasonably calculated to lead to the discovery of admissible
evidence.
6. Please see documentation being produced.
7. Please see documentation being produced.
8. Expert witnesses have not been designated,
such will be filed upon Trial Order.
9. Objection.A request for production of records when the requestingparty has copies is
harassment unless the copies are incomplete.A representation
that the records are needed
when complete copies are available is unethical. Travelers Indemnity Company v. Salido,
354 So.2d 963 (3d DCA 1978);Rule 4-3.4(b)Rules ofProfessional Responsibility; United
States v. United Shoe Machinery Corporation,76 F.Supp. 315 (D.C. MASS. 1948).
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/07/2023 11:11:48 AM.****
10. None.
11. None.
12. Objection.This Request is unduly burdensome and not reasonably calculated to lead to the
discoveryof admissible evidence.
13. None.
14. Objection.Plaintiff asserts that Defendant's Request is overly broad as it is not limited to
time and scope and is not reasonably calculated to lead to the discovery of admissible
evidence.
15. None.
16. Objection.Plaintiff asserts that Defendant's Request is overly broad as it is not limited to
time and scope and is not reasonably calculated to lead to the discovery of admissible
evidence.
17. Objection.Plaintiff asserts that Defendant's Request is overly broad as it is not limited to
time and scope and is not reasonably calculated to lead to the discovery of admissible
evidence.
18. The requirementthat adverse counsel decide what may support or defeat an allegation is
not proper. It impinges on work product and obtains uncompensated service. Su/fDrugs,
Inc. v. Fermette, 236 So. 2d 108 (Fla.1970),affg.and quashing 226 So. 2d 8 (Production
in a particular manner or of particulardocuments in circumstances that would reveal the
opposing lawyer'smental impressions violates the work product privilege); Northup v.
Acken, 865 So. 2d 1267 (Fla.2004), qshg. 827 So. 2d 1070; Hargroves v. R.J. Reynolds
Tobacco Co., 993 So. 2d 978 (2nd DCA. 2007); State v. Williams, 67% So. ld 1356 (3d
DCA 1996);Smith v. Fla. Power & Light Co., 632 So. 2d 696 (3d DCA 1994).See § 16: 13,
note 20, cf. Grinnell Corp. v. The Palms 2100 Ocean Blvd, Ltd.,914 So.ld %%7 (4thDCA
2006) ([it] is wrong in requiringthe opponent to say what documents support a defense.)
See also Trawick's Florida Practice and Procedure § 16:11 (A request for all documents
and other objectsand materials that support an allegation
of a pleadingis improper).
19. Objection.A request for production of records when the requestingparty has copies is
harassment unless the copies are incomplete.A representation that the records are needed
when complete copies are available is unethical. Travelers Indemnity Company v. Salido,
354 So.2d 963 (3d DCA 1978);Rule 4-3.4(b)Rules ofProfessional Responsibility;
United
Statesv. United Shoe 76
Machinery Corporation, F.Supp. 315 (D.C. MASS. 1948)
20. Please see documentation being produced.
21. Please see documentation being produced.
22. After a diligenteffort,Plaintiff has been unable to locate the requested documents. If
Plaintiff locates the requesteddocuments, they will be forwarded upon receipt.
23. None.
24. Objection.This Interrogatoryis unduly burdensome and not reasonablycalculated to lead
to the discoveryof admissible evidence.
25. Objection.Plaintiff asserts that Defendant's Request is overlybroad as it is not limited to
time and scope and is not reasonably calculated to lead to the discovery of admissible
evidence.
26. None.
27. None.
28. None.
29. None.
30. None.
31. None.
32. None.
Document Filed Date
February 07, 2023
Case Filing Date
September 23, 2022
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Filing# 166278069 E-Filed 02/07/2023 11:11:49 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-22-014295 DURLENE C JEAN-BAPTISTE f.k.a DURLENE CHARLES and GASBY JEAN-BAPTISTE Plaintiffs, V UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY i PLAINTIFFS' RESPONSES TO DEFENDANT'S REQUEST FOR PRODUCTION 1. Please see documentation being produced. 2. Please see documentation being produced. 3. Objection.Plaintiff asserts that Defendant's Request is overlybroad as it is not limited to time and scope and is not reasonably calculated to lead to the discovery of admissible evidence. 4. Objection.Plaintiff asserts that Defendant's Request is overlybroad as it is not limited to time and scope and is not reasonably calculated to lead to the discovery of admissible evidence. 5. Objection.Plaintiff asserts that Defendant's Request is overly broad as it is not limited to time and scope and is not reasonably calculated to lead to the discovery of admissible evidence. 6. Please see documentation being produced. 7. Please see documentation being produced. 8. Expert witnesses have not been designated, such will be filed upon Trial Order. 9. Objection.A request for production of records when the requestingparty has copies is harassment unless the copies are incomplete.A representation that the records are needed when complete copies are available is unethical. Travelers Indemnity Company v. Salido, 354 So.2d 963 (3d DCA 1978);Rule 4-3.4(b)Rules ofProfessional Responsibility; United States v. United Shoe Machinery Corporation,76 F.Supp. 315 (D.C. MASS. 1948). *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/07/2023 11:11:48 AM.**** 10. None. 11. None. 12. Objection.This Request is unduly burdensome and not reasonably calculated to lead to the discoveryof admissible evidence. 13. None. 14. Objection.Plaintiff asserts that Defendant's Request is overly broad as it is not limited to time and scope and is not reasonably calculated to lead to the discovery of admissible evidence. 15. None. 16. Objection.Plaintiff asserts that Defendant's Request is overly broad as it is not limited to time and scope and is not reasonably calculated to lead to the discovery of admissible evidence. 17. Objection.Plaintiff asserts that Defendant's Request is overly broad as it is not limited to time and scope and is not reasonably calculated to lead to the discovery of admissible evidence. 18. The requirementthat adverse counsel decide what may support or defeat an allegation is not proper. It impinges on work product and obtains uncompensated service. Su/fDrugs, Inc. v. Fermette, 236 So. 2d 108 (Fla.1970),affg.and quashing 226 So. 2d 8 (Production in a particular manner or of particulardocuments in circumstances that would reveal the opposing lawyer'smental impressions violates the work product privilege); Northup v. Acken, 865 So. 2d 1267 (Fla.2004), qshg. 827 So. 2d 1070; Hargroves v. R.J. Reynolds Tobacco Co., 993 So. 2d 978 (2nd DCA. 2007); State v. Williams, 67% So. ld 1356 (3d DCA 1996);Smith v. Fla. Power & Light Co., 632 So. 2d 696 (3d DCA 1994).See § 16: 13, note 20, cf. Grinnell Corp. v. The Palms 2100 Ocean Blvd, Ltd.,914 So.ld %%7 (4thDCA 2006) ([it] is wrong in requiringthe opponent to say what documents support a defense.) See also Trawick's Florida Practice and Procedure § 16:11 (A request for all documents and other objectsand materials that support an allegation of a pleadingis improper). 19. Objection.A request for production of records when the requestingparty has copies is harassment unless the copies are incomplete.A representation that the records are needed when complete copies are available is unethical. Travelers Indemnity Company v. Salido, 354 So.2d 963 (3d DCA 1978);Rule 4-3.4(b)Rules ofProfessional Responsibility; United Statesv. United Shoe 76 Machinery Corporation, F.Supp. 315 (D.C. MASS. 1948) 20. Please see documentation being produced. 21. Please see documentation being produced. 22. After a diligenteffort,Plaintiff has been unable to locate the requested documents. If Plaintiff locates the requesteddocuments, they will be forwarded upon receipt. 23. None. 24. Objection.This Interrogatoryis unduly burdensome and not reasonablycalculated to lead to the discoveryof admissible evidence. 25. Objection.Plaintiff asserts that Defendant's Request is overlybroad as it is not limited to time and scope and is not reasonably calculated to lead to the discovery of admissible evidence. 26. None. 27. None. 28. None. 29. None. 30. None. 31. None. 32. None.