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Filing # 177333190 E-Filed 07/13/2023 11:35:51 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2023 CA 001416 AN
PEDRO GUDINO,
Plaintiff,
vs.
FERMIN SANTIAGO
GUZMAN, AND STATE
FARM MUTUAL
AUTOMOBILE
INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S REQUEST TO PRODUCE TO DEFENDANT,
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Plaintiff, PEDRO GUDINO, by and through undersigned counsel, hereby requests that
Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, produce
for inspection or copying the documents set forth below. Defendant shall produce these documents
at 20 N Orange Ave., Suite 1600, Orlando, Florida 32801, within forty-five (45) days after service
of this Request for Production.
I. Definitions
A. As used throughout this Request to Produce, the following terms are defined as
follows:
B. “Document” is used in the broad sense and means any tangible object or thing that
contains, conveys, or records information. Production is required of the original, or any copy if the
original is not available, of any book, record, minutes of meetings, reports and/or summaries of
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interviews, reports and/or summaries of investigations; opinions or reports of consultants; opinions
of counsel; communications of any nature, including internal company communications, memoranda,
telegrams, telexes, letters, notes of telephone conferences, agreements, reports or summaries of
negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts and
revisions of drafts of documents, any written, printed, typed or other graphic matter of any kind or
nature, drawings, photographs, paper, communication, chart, tap, disk, card, wire or other electronic
or mechanical recording or transcript or any other instrument or device from which information can
be perceived, in the employees or agents, or known by Plaintiff to exist, unless otherwise privileged.
C. “Document” also includes copies containing information in addition to that contained
on the original (such as notations, computations, attachments, etc.), and shall include all copies of
documents by whatever means made and whether or not claimed to be privileged or otherwise
excludable from discovery. To the extent that a request that a request calls for the production of
multiple identical documents or things, only one copy of each such identical documents or things
need be produced. Two copies are not identical if one of the copies has any information, writing,
printing, or other marks not present on the other of the copies.
D. If any tape, disk, card, wire, or other electronic or mechanical recording or transcript
or any computer program is produced, such documents as are necessity for the decoding, putting back,
printing out and/or interpretation thereof, and any other documents which are necessity to convert
such information into a useful and necessity to convert such information into a useful and usable
format shall also be produced, in order to make this request under Rule 1.350 meaningful and genuine.
E. “Person” means any natural person, public or private corporation (whether or not
organized for profit), partnership, unincorporated association, governmental agency or body, or other
legal entity.
F. “Company” means any business or governmental entity to which this request is
addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in interest, and
predecessors as well as all of its directors, officers, principals, partners, employees, agents,
representatives, attorneys, any other persons working for or on behalf thereof, whether temporary or
permanent, and any “person” in which Plaintiff has acquired an interest.
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G. “Statement” means (1) any written statement made by a person and signed or
otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other
recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement
made by that person and recorded contemporaneously with the making of such oral statement.
H. As may be used in these Request “and” is conjunctive (meaning, e.g., A and B); and
“or” is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be withheld, or
limited, because it refers or relates to only one, or to more than one, item in a request.
II. Claim of Privilege
If any document or statement is withheld from this request under a claim of privilege, then
please furnish a list which identifies each document or statement for which privilege is claimed and
include the following information for each such document:
1. Description sufficient to identify.
2. The date(s).
3. The subject matter(s).
4. The sender(s) or author(s).
5. The recipient(s).
6. The persons to whom copies were furnished, together with their job titles.
7. The present depository or person having custody of the document.
8. The nature and basis of privilege or immunity claimed.
9. The paragraph(s) of this request to which each such document or statement
relates or corresponds.
III. Grouping or Numbering of Items Produced.
Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items submitted in
response to this Request to Produce be organized and labeled according to the individual paragraphs
of the request to which they are responsive, and within each group, arranged in chronological order.
IV. Place, time, and manner of response.
A response to this Request to Produce is due within forty-five (45) days after service of this
Request to Produce and shall be made at the offices of Morgan & Morgan, P.A., at 20 N Orange Ave.,
Suite 1600, Orlando, Florida 32801, or at such other place as the parties may agree. Authentic copies
of document may be supplied, provided that existing originals are available for inspection,
examination, and comparison.
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DEFENDANT, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS:
1. All insurance policies that would inure to the benefit of Plaintiff, together with any declaration
of coverage page and sworn statement of a corporate officer of Defendant attesting to the
coverage and authenticity of the policy as required by Florida Statutes.
2. Any and all surveillance reports, claims history reports or other investigative reports claims
Defendant or anyone acting on Defendant's behalf prepared with regard to Plaintiff.
3. Any and all surveillance films or photographs Defendant or anyone acting on Defendant's
behalf took of the Plaintiff.
4. The entire Personal Injury Protection file, including an up-to-date PIP and medical payments
payout sheet concerning the Plaintiff.
5. Any and all statements Defendant or anyone acting on Defendant's behalf took of Plaintiff or
any witnesses.
6. Any and all photographs Defendant or anyone acting on Defendant's behalf took showing the
extent of damage to any of the vehicles involved in the accident.
7. Any and all photographs Defendant or anyone acting on Defendant's behalf took of the
scene of the accident at any time prior to the filing of suit.
8. Any and all estimates of repair or statements concerning the nature and extent of damage to
any of the vehicles involved in the accident.
9. Any and all writings, memorandums, notes or other materials reflecting Defendant's
examination of any of the vehicles involved in the accident.
10. Any and all records reflecting the towing of any vehicles involved in the accident from the
scene of the accident.
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the
Defendant, along with the Summons and Complaint.
/s/ Andrew Rollins
Andrew Rollins, Esquire
Florida Bar No: 1026179
Morgan & Morgan, P.A.
20 N Orange Ave., Suite 1600
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Orlando, Florida 32801
Telephone: (407) 849-4624
Primary email: arollins@forthepeople.com
Secondary email: Morganservice@forthepeople.com
Attorneys for Plaintiff
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Filing # 177333190 E-Filed 07/13/2023 11:35:51 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2023 CA 001416 AN PEDRO GUDINO, Plaintiff, vs. FERMIN SANTIAGO GUZMAN, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. / PLAINTIFF’S REQUEST TO PRODUCE TO DEFENDANT, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Plaintiff, PEDRO GUDINO, by and through undersigned counsel, hereby requests that Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, produce for inspection or copying the documents set forth below. Defendant shall produce these documents at 20 N Orange Ave., Suite 1600, Orlando, Florida 32801, within forty-five (45) days after service of this Request for Production. I. Definitions A. As used throughout this Request to Produce, the following terms are defined as follows: B. “Document” is used in the broad sense and means any tangible object or thing that contains, conveys, or records information. Production is required of the original, or any copy if the original is not available, of any book, record, minutes of meetings, reports and/or summaries of 13690703 RTPC001 interviews, reports and/or summaries of investigations; opinions or reports of consultants; opinions of counsel; communications of any nature, including internal company communications, memoranda, telegrams, telexes, letters, notes of telephone conferences, agreements, reports or summaries of negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts and revisions of drafts of documents, any written, printed, typed or other graphic matter of any kind or nature, drawings, photographs, paper, communication, chart, tap, disk, card, wire or other electronic or mechanical recording or transcript or any other instrument or device from which information can be perceived, in the employees or agents, or known by Plaintiff to exist, unless otherwise privileged. C. “Document” also includes copies containing information in addition to that contained on the original (such as notations, computations, attachments, etc.), and shall include all copies of documents by whatever means made and whether or not claimed to be privileged or otherwise excludable from discovery. To the extent that a request that a request calls for the production of multiple identical documents or things, only one copy of each such identical documents or things need be produced. Two copies are not identical if one of the copies has any information, writing, printing, or other marks not present on the other of the copies. D. If any tape, disk, card, wire, or other electronic or mechanical recording or transcript or any computer program is produced, such documents as are necessity for the decoding, putting back, printing out and/or interpretation thereof, and any other documents which are necessity to convert such information into a useful and necessity to convert such information into a useful and usable format shall also be produced, in order to make this request under Rule 1.350 meaningful and genuine. E. “Person” means any natural person, public or private corporation (whether or not organized for profit), partnership, unincorporated association, governmental agency or body, or other legal entity. F. “Company” means any business or governmental entity to which this request is addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in interest, and predecessors as well as all of its directors, officers, principals, partners, employees, agents, representatives, attorneys, any other persons working for or on behalf thereof, whether temporary or permanent, and any “person” in which Plaintiff has acquired an interest. 13690703 RTPC001 G. “Statement” means (1) any written statement made by a person and signed or otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by that person and recorded contemporaneously with the making of such oral statement. H. As may be used in these Request “and” is conjunctive (meaning, e.g., A and B); and “or” is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be withheld, or limited, because it refers or relates to only one, or to more than one, item in a request. II. Claim of Privilege If any document or statement is withheld from this request under a claim of privilege, then please furnish a list which identifies each document or statement for which privilege is claimed and include the following information for each such document: 1. Description sufficient to identify. 2. The date(s). 3. The subject matter(s). 4. The sender(s) or author(s). 5. The recipient(s). 6. The persons to whom copies were furnished, together with their job titles. 7. The present depository or person having custody of the document. 8. The nature and basis of privilege or immunity claimed. 9. The paragraph(s) of this request to which each such document or statement relates or corresponds. III. Grouping or Numbering of Items Produced. Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items submitted in response to this Request to Produce be organized and labeled according to the individual paragraphs of the request to which they are responsive, and within each group, arranged in chronological order. IV. Place, time, and manner of response. A response to this Request to Produce is due within forty-five (45) days after service of this Request to Produce and shall be made at the offices of Morgan & Morgan, P.A., at 20 N Orange Ave., Suite 1600, Orlando, Florida 32801, or at such other place as the parties may agree. Authentic copies of document may be supplied, provided that existing originals are available for inspection, examination, and comparison. 13690703 RTPC001 13690703 RTPC001 DEFENDANT, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS: 1. All insurance policies that would inure to the benefit of Plaintiff, together with any declaration of coverage page and sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity of the policy as required by Florida Statutes. 2. Any and all surveillance reports, claims history reports or other investigative reports claims Defendant or anyone acting on Defendant's behalf prepared with regard to Plaintiff. 3. Any and all surveillance films or photographs Defendant or anyone acting on Defendant's behalf took of the Plaintiff. 4. The entire Personal Injury Protection file, including an up-to-date PIP and medical payments payout sheet concerning the Plaintiff. 5. Any and all statements Defendant or anyone acting on Defendant's behalf took of Plaintiff or any witnesses. 6. Any and all photographs Defendant or anyone acting on Defendant's behalf took showing the extent of damage to any of the vehicles involved in the accident. 7. Any and all photographs Defendant or anyone acting on Defendant's behalf took of the scene of the accident at any time prior to the filing of suit. 8. Any and all estimates of repair or statements concerning the nature and extent of damage to any of the vehicles involved in the accident. 9. Any and all writings, memorandums, notes or other materials reflecting Defendant's examination of any of the vehicles involved in the accident. 10. Any and all records reflecting the towing of any vehicles involved in the accident from the scene of the accident. I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Defendant, along with the Summons and Complaint. /s/ Andrew Rollins Andrew Rollins, Esquire Florida Bar No: 1026179 Morgan & Morgan, P.A. 20 N Orange Ave., Suite 1600 13690703 RTPC001 Orlando, Florida 32801 Telephone: (407) 849-4624 Primary email: arollins@forthepeople.com Secondary email: Morganservice@forthepeople.com Attorneys for Plaintiff 13690703 RTPC001