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Filing# 149985526 E-Filed 05/20/2022 09:42:21 AM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY,
FLORIDA
NEIL ESPENDEZ, CASE NO: CACE-21-011840
Plaintiff.
VS.
UNIVERSAL PROPERTY &
CASUALTY INSURANCE
COMPANY,
Defendant.
1
JOINT PRETRIAL STIPULATION
The parties,
by and through their respectiveundersigned counsel, and pursuant to applicableFlorida law,
hereby jointlyfile this Joint Pretrial Stipulationin accordance with the Uniform Trial Order, dated October
27,2021, and states as follows:
1. Statement of the Facts:
NEIL
This is a breach of contract case brought by Plaintiff, ESPENDEZ, under a policy of homeowner' s
insurance policy issued by Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE
COMPANY. The Plaintiff contends that his home located at 2034 NW 183?rd Terrace, Pembroke Pines, FL
33029 (hereinafter"the Property") was damaged as a result of Tropical Storm Eta which occurred on or
about November 8,2020. At the time of the claimed loss, the Plaintiff had an insurance Policy issued by
the Defendant. The insurance policy provides coverage for losses to the Plaintiff' s property which is subject
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/20/2022 09:42:20 AM.****
to the policy'stenns, conditions,and exclusions. Plaintiff allegesthe damages claimed are covered under
the subjectpolicy of insurance.
Defendant alleges that the damages claimed by Plaintiff are excluded under the subjectpolicy of
insurance or are otherwise not covered. Defendant denies that it has breached the insurance contract, and
asserts the damages claimed are not covered and are excluded by the terms of the insurance contract.
2. Stipulated Facts:
a. Universal issued a HO-3 Form Policy number 1501-1803-4928 ("the Policy"),to the Plaintiff,
Neil Espendez, which provided coverage for losses to the Plaintiff's property which is subject
to that policy'sterms, conditions, and exclusions for the insured's property located at 2034 NW
183rd Terrace, Pembroke Pines, FL 33029.
b. The policynumber is 1501-1803-4928.
c. The Plaintiff's policy was in effect from June 29, 2020 to June 29, 2021.
d. The Plaintiff's property is located at 2034 NW 183rd Terrace, Pembroke Pines, FL 33029.
e. The Plaintiff's Policy was in force and effect at the time of the alleged loss date in this case.
f. On November 8,2020, a wind/water damage insurance claim was reportedto Defendant based
on the alleged date of loss of November 8,2020.
g. In response to the Plaintiff's first notice of the claim, Defendant assigned claim number FL20-
0153576-P420 to the Plaintiffs loss.
h. On November 15, 2021, the Defendant's Field Adjuster, Leonardo Rendon, inspected the
Plaintiff's property.
i. On December 15, 2020, Defendant sent correspondence to the Plaintiff and his agents and/or
representatives denying coverage for
partially this claim which was based on its investigation,
inspection,and the insurance policy.
the field adjuster's
j. Defendant did not pay Plaintiff for claimed damages at the Plaintiff's property as it is
Defendant's position that the roof damages were not covered and the interior damages,
although covered, fell below the applicable deductible of $13,925.00.
3. Statement of Disputed Law & Fact:
a. Whether there was a direct,physical loss at the Plaintiffs' property within the policy period.
b. If there was a direct,physical loss at the Plaintiffs' property, then the scope, extent and pricing
of the damages associated with the subjectloss;
c. Whether the loss was otherwise excluded due to Plaintiff failure to meet conditions precedent
to filingsuit.
d. Whether the loss was otherwise excluded due to Plaintiff failure to meet conditions precedent
to filingsuit.
e. Whether the loss was otherwise excluded due to Plaintiff failure to meet his post loss
under the Policy.
obligation(s)
4. Exhibit Lists:
a. Plaintiffs' Exhibit List
i. A certified copy of the insurance policy that is the subject matter of this lawsuit,
bearing policy number FL20-0153576-P420 with an effective policy period of June 29,
2020 through June 29, 2021.
ii. All reports and estimates prepared by Claims Pro Consulting Inc.
iii. Sworn Proof of Loss dated March 8, 2021.
iv. ClaimsPro Consulting Inc.,Contract dated November 10, 2021.
v. Affidavit of Scott Dyer.
vi. Scott Dyer Estimate
vii. Scott Dyer Inspection Photos.
viii. Photos Taken by Leonardo Rendon at inspection on November 15, 2020.
ix. All non-privileged photographs taken by or on behalf of Universal Property &
Casualty Insurance Company.
x. All non-objectionable exhibits listed in Defendant' Exhibit List.
xi. All documents produced by either party in response to a Request for Production.
xii. for any depositionstaken in the instant case as well as the
All depositiontranscripts
exhibits attached thereto.
xiii. All interrogatoriesand Answers to interrogatoriesfiled in this matter.
xiv. All Requests for Production and Responses to Requests for Production filed in this
matter.
xv. All Requests for Admissions and Responses to Requests for Admissions filed in this
matter.
xvi. All discovery responses filed by the Defendant.
xvii. All documents referenced in any of the party's Intern)gatory Answers.
xviii. All pleadings in this matter.
xix. All other written submissions filed in the instant action.
xx. All documents received in response to any subpoena served in this matter.
xxi. All exhibits attached to any pleadings in the instant matter.
xxii. All documents or pictures relied on by any of the experts in this case, regardless of
which party named said expert.
xxiii. Impeachment exhibits as necessary.
xxiv. Rebuttal exhibits as necessary.
xxv. As discovery is ongoing, Plaintiff reserves the right to amend and/or supplement this
Exhibit List as warranted.
b. Defendant's Exhibit List is attached hereto as Exhibit "A".
5. Witness Lists:
i. Plaintiffs' Fact Witness List is attached hereto as Exhibit "B".
ii. Plaintiffs' Expert Witness List is attached hereto as Exhibit "C".
iii. Defendant's Fact Witness List is attached hereto as Exhibit "D".
iv. Defendant's Witness List attached hereto as Exhibit "E".
6. Jurv Instructions:
a. Plaintiffs' Proposed Jury Instructions are attached hereto as Exhibit "F".
b. Defendant's Proposed Jury Instructions are attached hereto as Exhibit "G".
7. Verdict Forms:
a. Plaintiffs' Proposed Verdict Form is attached hereto as Exhibit "H".
b. Defendant's Proposed Verdict Form is attached hereto as Exhibit "I".
8. Peremptorv Challenges: 3 per party.
9. Pending Motions: Plaintiffs' have the following pending motions -
a. Plaintiffs' Motion in Limine to Exclude Matters From Use At Trial Based Upon Defendant's
Invocation Of Privilege
b. Plaintiffs' Motion in Limine to Exclude Matters Outside of the Pleadings
c. Plaintiffs' Motion in Limine to Exclude Certain Testimony and Exhibits
d. Plaintiffs' Motion in Limine to Exclude Any Mention of Defendant's General Claims handling
Procedures, This Lawsuit Affecting Insurance Rates and Plaintiffs' LitigationPractice
e. Plaintiffs' Motion in Limine as to Post-Loss Compliance Arguments
10. Trial Estimate: 3 days.
11. Expert Challenges: None at this time.
By-. /s/ Racheal O. Williams By-. /s/ Omar J. Perez
RACHEAL O. WILLIAMS, ESQ. OMAR PEREZ, ESQ.
Florida Bar No.. 123966 Florida Bar No- 1010823
THE MINEO SALCEDO LAW FIRM, P.A. Attorney for Defendant
Attorneys for Plaintiffs Universal Property & CasualtyInsurance
5600 Davie Road Company
Davie, Florida 33314 PO Box 9388
T: 954-463-8100 Fort Lauderdale, Florida 33310
F: 954-463-8106 T: 954-958-3319
upciceservice01@universalproperty.com
rwilliams@mineolaw.com op1215@universalproperty.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoinghas been furnished by
email and/or ePortal this 20th day of May, 2022 to: Omar J. Perez, Esq., Attorney for Defendant,
Universal Property & Casualty Insurance Company, upciceservice01@universalproperty.com;
gs0618@universalproperty.com;and op1215@universalproperty.com.
By-- /s/ Racheal O. Williams
RACHEAL O. WILLIAMS, ESQ.
Florida Bar No: 123966
THE MINEO SALCEDO LAW FIRM, P.A.
Attorneys for Plaintiff
5600 Davie Road
Davie, FL 33314
T: (954) 463-8100 / F: (954) 463-8106
RWilliams@mineolaw.com
JillB@mineolaw.com
EXHIBIT "A 99
Filing# 149973279 E-Filed 05/19/2022 09:52:59 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIALCIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
NEIL ESPENDEZ, CASE NO.: CACE-21-011840
Plaintiff
VS.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
DEFENDANT, UNIVERSAL PROPERTY AND CASUALTY INSURANCE
COMPANY'S EXHIBIT & WITNESS LIST
Defendant, UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, by
and through the undersigned counsel and hereby files the following Exhibit & Witness List,
pursuant to the Uniform Trial Order and Order for Mandatory Calendar Call dated October 27,
2021.
WITNESS
1.
CorporateRepresentative
& CasualtyInsurance Company
Universal Property
1110 West Commercial Blvd.
Fort Lauderdale, FL 33309
2. Leonardo Rendon, Field Adjuster
Alder AdjustingCorporation
1110 W. Commercial Boulevard
Fort Lauderdale, FL 33310
Leonardo Rendon served as a field adjusteron behalf ofUniversal for the allegedloss. Mr.
Rendon inspectedthe premises on November 15,2020.
3. Neil Espendez
2034 NW ird
183 Terrace
Pembroke Pines,FL 33029
The Insured/homeowner has knowledge of the loss allegedin the Complaint, the nature
and extent of any damage the property sustained as a result of the allegedloss.
4. Jodie Espendez
2034 NW 183rdTerrace
Pembroke Pines,FL 33029
The homeowner has knowledge of the allegedin the Complaint, the nature and extent
loss
of any damage the property sustained as a result of the allegedloss.
5. Steven Lombardi
Claims Pro Consulting,Inc.
1926 Hollywood Blvd., Suite 314
Hollywood, FL 33020
Claims Pro Consulting,Inc., served as the insured's publicadjusteron this subjectclaim.
in the Complaint,the nature and
It is believed that he/she has knowledge of the loss alleged
extent of any damage the property sustained as a result ofthe allegedloss.
6. Joseph Ilyde
Claims Pro Consulting,Inc.
1926 Hollywood Blvd., Suite 314
Hollywood, FL 33020
Joseph Hyde., served as the insured's public adjusteron this subjectclaim and created the
estimate of damages. It is believed that he/she has knowledge of the loss alleged in the
Complaint, the nature and extent of any damage the property sustained as a result of the
allegedloss.
7. William Ronald Rohn, Jr.
A Crown Roofing
9791 Old St. Augustine Road
Jacksonville,FL 32257
A Crown Roofing, served as the insured's roofing company on this subjectclaim. It is
believed that he/she has knowledge of the loss alleged in the Complaint, the nature and
extent of any damage the property sustained as a result ofthe allegedloss.
8. Elvis Quiroz
A Crown Roofing
9791 Old St. Augustine Road
Jacksonville,FL 32257
A Crown Roofing, served as the insured's roofing company on this subjectclaim. It is
believed that he/she has knowledge of the loss allegedin the Complaint,the nature and
extent of any damage the property sustained as a result ofthe allegedloss.
9. IbisRoofing Inc.
2961 NE 2ind
Drive
Homestead FL
Ibis Roofing allegedlycompleted roofrepairsto the subjectproperty on or about May 21,
2020.
10. Reliable Commercial Services
15970 West State Road 84 STE 223
Sunrise FL 33326
Reliable Commercial Services,placed a tarp on the roof of the property in connection to
the allegedloss
11. Builders ofAmerica
950 Peninsula Corp Cir Suite 1010
Boca Raton FL 33487
Builders ofAmerica preparedan estimate for a roofreplacementat the property.
12. Omega Roofing Inc.
8901 NW116 St #102
Hialeah Gardens FL, 33018
Omega Roofing prepared an estimate for a roof replacement at the property
13. Tiger Team Roofing
2034 NW
183rd Terrace
Pembroke
Jacksonville,FL 32257
A Crown Roofing, served as the insured's roofing company on this subject claim. It is
believed that he/she has knowledge of the loss allegedin the Complaint, the nature and
extent of any damage the property sustained as a result ofthe allegedloss.
14. Any and all witnesses listed by any of the partiesand their witness
respective list.
15. Any and all witnesses needed for the purpose of impeachment.
16. Any and all witnesses unknown at this time, names to be provided at least five (5) days
before trial.
17. Any and all persons listed in any of the answers to interrogatories
by the Plaintiff or
Universal.
18. Any and all witnesses identified in depositionstaken by the parties,including any
depositionstaken after the date hereof.
19. The Defendant reserves the rightto call any other witness subsequentlydisclosed by any
Party to this suit.
20. Defendant reserves the rightto supplement and amend this Witness List.
EXHIBIT LIST
1. PolicyNo. XXXX-XXXX-4928 issued to Neil Espendez for the policyperiod of June
29,2020 through June 29, 2021 policyperiod for the property located at 2034 NW
183rd Terrace, Pembroke Pines, FL 33029 (the "Insured Property")with policy
limits,premiums, and deductible redacted.
2. Applicationfor insurance under Policy No. -4928.
3. Photographs taken by Universal's field adjusterin connection with this lawsuit.
4. Any and photographs taken of the Insured Property relative to the allegationsin
all
the Complaint and/or the loss or claim that is the subjectof this action.
5. Any and all photographstaken of any damage to the Insured Property at any time.
6. Any and all photographs taken of the Insured Property at any time.
7. All sworn proofs of loss submitted by Plaintiffs for the Insured Property.
8. Weather historyfor the insured property on the date of loss.
9. All documents related to the purchase of the Insured Property by the Plaintiffs.
10. All documents related to any foreclosure of the Insured Property by the Plaintiffs.
11. The entire file from Claims Pro, Plaintiff' s publicadjuster.
12. The entire file from any of the Plaintiff's publicadjusters.
13. The entire file from Universal's expert witness(es).
14. Correspondence between Plaintiff and/or their representatives
and Universal.
15. Correspondence between Plaintiff and Plaintiff's Public Adjuster and/or any entity
retained by Plaintiffto perform services related to any damage at the Insured Property
at any time on behalf of Plaintiff.
16. Correspondence between Universal and Plaintiff's Public Adjuster and/or any entity
retained by Plaintiffto perform services related to any damage at the Insured Property
at any time on behalf of Plaintiff.
17. Correspondence between Plaintiff and any Public Adjusters and/or third-party
concerningthe loss that is the subjectof this action and/or the property that is the
subjectof this action.
18. Correspondence between Universal and any Public Adjusters and/or third-party
concerningthe loss that is the subjectofthis action.
19. Correspondence between Plaintiff and any Public Adjusters and/or third-party
concerningthe Insured Property.
20. Correspondence between Universal and any Public Adjusters and/or third-party
concerningthe Insured Property.
21. The entire file from A Crown Roofing.
22. Any and statements, includingbut not limited to recorded statements, affidavits,
all
depositiontranscr*ts, videotaped depositionsand any other transcripts taken in
connection with this lawsuit.
23. Any and statements, includingbut not limited to recorded statements, affidavits,
all
depositiontranscr*ts, videotaped depositionsand any other transcripts taken in
connection with the Insured Property.
24. Any and all estimates for repairsto the Insured Property relative to the allegations
in
the Complaint and/or the loss or claim that is the subjectof this action.
25. Any and all estimates prepared relative to any damage to the insured location.
26. Any and estimates for repairsto the Insured Property at any time prepared on
all
behalf of Plaintiff and/or any representative
o f Plaintiff.
27. Any and all checks, drafts,or evidence of payments made by Universal to the
Plaintiff(s).
28. Any and all checks, drafts,or evidence of payments made by Universal for the
Insured Property.
29. Any and all
bills,
receipts,or otherwise pertainingto the Insured Property relative to
in the Complaint and/or the loss or claim that is the subjectof this
the allegations
action.
30. Any and all bills,receipts,or otherwise pertainingto the Insured Property at any time.
31. Any and all diagrams, or sketches ofthe Insured Property.
floorplans,
32. Any and all photographs in Universal's underwriting file for Policy No. XXXX-
XXXX-4928.
33. Any and allcorrespondencebetween Universal and Plaintiff and/or Plaintiff's agents
in Universal's underwritingfile PolicyNo. XXXX-XXXX-4928.
34. Any and all answers to the parties'Interrogatories.
35. Any and all documents included in the answers
parties' to Interrogatories.
36. Any and all Request for Production.
responses to the parties'
37. Any and all documents included in the parties'
Responses to Request for Production.
38. Any and all Requests for Admissions.
responses to the parties'
39. Any and all documents which have been identified or described in the discovery
process.
40. Any and exhibits produced by any person or company to any party pursuant to a
all
subpoena duces tecum or by any other party pursuant to a request for production.
41. Any and exhibits produced by any person or company to any party pursuant to a
all
subpoena issued in accordance with a notice of productionfrom non-party.
42. Any and all depositiontranscr*tsand exhibits attached thereto.
curriculum vitae and/or resume.
43. Universal's expert(s)'
44. Universal's expert(s)'
photographs.
45. Universal's expert(s)'
report.
46. Any and all attached to pleadings, statements, depositiontranscripts,
exhibits
videotaped depositions and any other transcriptstaken in connection with this
lawsuit.
47. Any and all pertinent
ordinances, municipal provisions,Florida Statutes,relevant to
any of the allegationsof the Plaintiff's Complaint and Universal's Answers and
Affirmative Defenses.
48. Any and all impeachment material.
49. Any and all rebuttal material
50. Any and all exhibits listed on the Plaintiffs Exhibit List.
51. Universal reserves the rightto use any and all documents designatedby the Plaintiff.
52. Any and all exhibits specifiedor allegedto be utilized by the Plaintiff herein at the
time o f trial.
53. Any and hereof, upon prompt and
all exhibits,newly discovered after the filing
reasonable notice of the Plaintiff.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via E-
Service to: John A. Esq., The Mineo
Salcedo., Salcedo Law Firm, P.A.,
(Service@mineolaw.com) on this 19th day of May 2022.
AttorneysMDefendant
Universal Property & CasualtyIns. Co.
PO Box 9388
Fort Lauderdale, Florida 33310
Telephone: 954-958-3319
Toll-Free: 1-833-658-8594 (Judges Only)
Facsimile: 954-958-1262
For Service of Court Documents onlv
Primary upciceserviceO1@universalproperty.com
Secondary op1215@universalproperty.com
Tertiary:
kv0921@universalproperty.com
For Scheduling Matters:
er0810@universalproperty.com
Preview
Filing# 149985526 E-Filed 05/20/2022 09:42:21 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA NEIL ESPENDEZ, CASE NO: CACE-21-011840 Plaintiff. VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. 1 JOINT PRETRIAL STIPULATION The parties, by and through their respectiveundersigned counsel, and pursuant to applicableFlorida law, hereby jointlyfile this Joint Pretrial Stipulationin accordance with the Uniform Trial Order, dated October 27,2021, and states as follows: 1. Statement of the Facts: NEIL This is a breach of contract case brought by Plaintiff, ESPENDEZ, under a policy of homeowner' s insurance policy issued by Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY. The Plaintiff contends that his home located at 2034 NW 183?rd Terrace, Pembroke Pines, FL 33029 (hereinafter"the Property") was damaged as a result of Tropical Storm Eta which occurred on or about November 8,2020. At the time of the claimed loss, the Plaintiff had an insurance Policy issued by the Defendant. The insurance policy provides coverage for losses to the Plaintiff' s property which is subject *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/20/2022 09:42:20 AM.**** to the policy'stenns, conditions,and exclusions. Plaintiff allegesthe damages claimed are covered under the subjectpolicy of insurance. Defendant alleges that the damages claimed by Plaintiff are excluded under the subjectpolicy of insurance or are otherwise not covered. Defendant denies that it has breached the insurance contract, and asserts the damages claimed are not covered and are excluded by the terms of the insurance contract. 2. Stipulated Facts: a. Universal issued a HO-3 Form Policy number 1501-1803-4928 ("the Policy"),to the Plaintiff, Neil Espendez, which provided coverage for losses to the Plaintiff's property which is subject to that policy'sterms, conditions, and exclusions for the insured's property located at 2034 NW 183rd Terrace, Pembroke Pines, FL 33029. b. The policynumber is 1501-1803-4928. c. The Plaintiff's policy was in effect from June 29, 2020 to June 29, 2021. d. The Plaintiff's property is located at 2034 NW 183rd Terrace, Pembroke Pines, FL 33029. e. The Plaintiff's Policy was in force and effect at the time of the alleged loss date in this case. f. On November 8,2020, a wind/water damage insurance claim was reportedto Defendant based on the alleged date of loss of November 8,2020. g. In response to the Plaintiff's first notice of the claim, Defendant assigned claim number FL20- 0153576-P420 to the Plaintiffs loss. h. On November 15, 2021, the Defendant's Field Adjuster, Leonardo Rendon, inspected the Plaintiff's property. i. On December 15, 2020, Defendant sent correspondence to the Plaintiff and his agents and/or representatives denying coverage for partially this claim which was based on its investigation, inspection,and the insurance policy. the field adjuster's j. Defendant did not pay Plaintiff for claimed damages at the Plaintiff's property as it is Defendant's position that the roof damages were not covered and the interior damages, although covered, fell below the applicable deductible of $13,925.00. 3. Statement of Disputed Law & Fact: a. Whether there was a direct,physical loss at the Plaintiffs' property within the policy period. b. If there was a direct,physical loss at the Plaintiffs' property, then the scope, extent and pricing of the damages associated with the subjectloss; c. Whether the loss was otherwise excluded due to Plaintiff failure to meet conditions precedent to filingsuit. d. Whether the loss was otherwise excluded due to Plaintiff failure to meet conditions precedent to filingsuit. e. Whether the loss was otherwise excluded due to Plaintiff failure to meet his post loss under the Policy. obligation(s) 4. Exhibit Lists: a. Plaintiffs' Exhibit List i. A certified copy of the insurance policy that is the subject matter of this lawsuit, bearing policy number FL20-0153576-P420 with an effective policy period of June 29, 2020 through June 29, 2021. ii. All reports and estimates prepared by Claims Pro Consulting Inc. iii. Sworn Proof of Loss dated March 8, 2021. iv. ClaimsPro Consulting Inc.,Contract dated November 10, 2021. v. Affidavit of Scott Dyer. vi. Scott Dyer Estimate vii. Scott Dyer Inspection Photos. viii. Photos Taken by Leonardo Rendon at inspection on November 15, 2020. ix. All non-privileged photographs taken by or on behalf of Universal Property & Casualty Insurance Company. x. All non-objectionable exhibits listed in Defendant' Exhibit List. xi. All documents produced by either party in response to a Request for Production. xii. for any depositionstaken in the instant case as well as the All depositiontranscripts exhibits attached thereto. xiii. All interrogatoriesand Answers to interrogatoriesfiled in this matter. xiv. All Requests for Production and Responses to Requests for Production filed in this matter. xv. All Requests for Admissions and Responses to Requests for Admissions filed in this matter. xvi. All discovery responses filed by the Defendant. xvii. All documents referenced in any of the party's Intern)gatory Answers. xviii. All pleadings in this matter. xix. All other written submissions filed in the instant action. xx. All documents received in response to any subpoena served in this matter. xxi. All exhibits attached to any pleadings in the instant matter. xxii. All documents or pictures relied on by any of the experts in this case, regardless of which party named said expert. xxiii. Impeachment exhibits as necessary. xxiv. Rebuttal exhibits as necessary. xxv. As discovery is ongoing, Plaintiff reserves the right to amend and/or supplement this Exhibit List as warranted. b. Defendant's Exhibit List is attached hereto as Exhibit "A". 5. Witness Lists: i. Plaintiffs' Fact Witness List is attached hereto as Exhibit "B". ii. Plaintiffs' Expert Witness List is attached hereto as Exhibit "C". iii. Defendant's Fact Witness List is attached hereto as Exhibit "D". iv. Defendant's Witness List attached hereto as Exhibit "E". 6. Jurv Instructions: a. Plaintiffs' Proposed Jury Instructions are attached hereto as Exhibit "F". b. Defendant's Proposed Jury Instructions are attached hereto as Exhibit "G". 7. Verdict Forms: a. Plaintiffs' Proposed Verdict Form is attached hereto as Exhibit "H". b. Defendant's Proposed Verdict Form is attached hereto as Exhibit "I". 8. Peremptorv Challenges: 3 per party. 9. Pending Motions: Plaintiffs' have the following pending motions - a. Plaintiffs' Motion in Limine to Exclude Matters From Use At Trial Based Upon Defendant's Invocation Of Privilege b. Plaintiffs' Motion in Limine to Exclude Matters Outside of the Pleadings c. Plaintiffs' Motion in Limine to Exclude Certain Testimony and Exhibits d. Plaintiffs' Motion in Limine to Exclude Any Mention of Defendant's General Claims handling Procedures, This Lawsuit Affecting Insurance Rates and Plaintiffs' LitigationPractice e. Plaintiffs' Motion in Limine as to Post-Loss Compliance Arguments 10. Trial Estimate: 3 days. 11. Expert Challenges: None at this time. By-. /s/ Racheal O. Williams By-. /s/ Omar J. Perez RACHEAL O. WILLIAMS, ESQ. OMAR PEREZ, ESQ. Florida Bar No.. 123966 Florida Bar No- 1010823 THE MINEO SALCEDO LAW FIRM, P.A. Attorney for Defendant Attorneys for Plaintiffs Universal Property & CasualtyInsurance 5600 Davie Road Company Davie, Florida 33314 PO Box 9388 T: 954-463-8100 Fort Lauderdale, Florida 33310 F: 954-463-8106 T: 954-958-3319 upciceservice01@universalproperty.com rwilliams@mineolaw.com op1215@universalproperty.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoinghas been furnished by email and/or ePortal this 20th day of May, 2022 to: Omar J. Perez, Esq., Attorney for Defendant, Universal Property & Casualty Insurance Company, upciceservice01@universalproperty.com; gs0618@universalproperty.com;and op1215@universalproperty.com. By-- /s/ Racheal O. Williams RACHEAL O. WILLIAMS, ESQ. Florida Bar No: 123966 THE MINEO SALCEDO LAW FIRM, P.A. Attorneys for Plaintiff 5600 Davie Road Davie, FL 33314 T: (954) 463-8100 / F: (954) 463-8106 RWilliams@mineolaw.com JillB@mineolaw.com EXHIBIT "A 99 Filing# 149973279 E-Filed 05/19/2022 09:52:59 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIALCIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA NEIL ESPENDEZ, CASE NO.: CACE-21-011840 Plaintiff VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i DEFENDANT, UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY'S EXHIBIT & WITNESS LIST Defendant, UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, by and through the undersigned counsel and hereby files the following Exhibit & Witness List, pursuant to the Uniform Trial Order and Order for Mandatory Calendar Call dated October 27, 2021. WITNESS 1. CorporateRepresentative & CasualtyInsurance Company Universal Property 1110 West Commercial Blvd. Fort Lauderdale, FL 33309 2. Leonardo Rendon, Field Adjuster Alder AdjustingCorporation 1110 W. Commercial Boulevard Fort Lauderdale, FL 33310 Leonardo Rendon served as a field adjusteron behalf ofUniversal for the allegedloss. Mr. Rendon inspectedthe premises on November 15,2020. 3. Neil Espendez 2034 NW ird 183 Terrace Pembroke Pines,FL 33029 The Insured/homeowner has knowledge of the loss allegedin the Complaint, the nature and extent of any damage the property sustained as a result of the allegedloss. 4. Jodie Espendez 2034 NW 183rdTerrace Pembroke Pines,FL 33029 The homeowner has knowledge of the allegedin the Complaint, the nature and extent loss of any damage the property sustained as a result of the allegedloss. 5. Steven Lombardi Claims Pro Consulting,Inc. 1926 Hollywood Blvd., Suite 314 Hollywood, FL 33020 Claims Pro Consulting,Inc., served as the insured's publicadjusteron this subjectclaim. in the Complaint,the nature and It is believed that he/she has knowledge of the loss alleged extent of any damage the property sustained as a result ofthe allegedloss. 6. Joseph Ilyde Claims Pro Consulting,Inc. 1926 Hollywood Blvd., Suite 314 Hollywood, FL 33020 Joseph Hyde., served as the insured's public adjusteron this subjectclaim and created the estimate of damages. It is believed that he/she has knowledge of the loss alleged in the Complaint, the nature and extent of any damage the property sustained as a result of the allegedloss. 7. William Ronald Rohn, Jr. A Crown Roofing 9791 Old St. Augustine Road Jacksonville,FL 32257 A Crown Roofing, served as the insured's roofing company on this subjectclaim. It is believed that he/she has knowledge of the loss alleged in the Complaint, the nature and extent of any damage the property sustained as a result ofthe allegedloss. 8. Elvis Quiroz A Crown Roofing 9791 Old St. Augustine Road Jacksonville,FL 32257 A Crown Roofing, served as the insured's roofing company on this subjectclaim. It is believed that he/she has knowledge of the loss allegedin the Complaint,the nature and extent of any damage the property sustained as a result ofthe allegedloss. 9. IbisRoofing Inc. 2961 NE 2ind Drive Homestead FL Ibis Roofing allegedlycompleted roofrepairsto the subjectproperty on or about May 21, 2020. 10. Reliable Commercial Services 15970 West State Road 84 STE 223 Sunrise FL 33326 Reliable Commercial Services,placed a tarp on the roof of the property in connection to the allegedloss 11. Builders ofAmerica 950 Peninsula Corp Cir Suite 1010 Boca Raton FL 33487 Builders ofAmerica preparedan estimate for a roofreplacementat the property. 12. Omega Roofing Inc. 8901 NW116 St #102 Hialeah Gardens FL, 33018 Omega Roofing prepared an estimate for a roof replacement at the property 13. Tiger Team Roofing 2034 NW 183rd Terrace Pembroke Jacksonville,FL 32257 A Crown Roofing, served as the insured's roofing company on this subject claim. It is believed that he/she has knowledge of the loss allegedin the Complaint, the nature and extent of any damage the property sustained as a result ofthe allegedloss. 14. Any and all witnesses listed by any of the partiesand their witness respective list. 15. Any and all witnesses needed for the purpose of impeachment. 16. Any and all witnesses unknown at this time, names to be provided at least five (5) days before trial. 17. Any and all persons listed in any of the answers to interrogatories by the Plaintiff or Universal. 18. Any and all witnesses identified in depositionstaken by the parties,including any depositionstaken after the date hereof. 19. The Defendant reserves the rightto call any other witness subsequentlydisclosed by any Party to this suit. 20. Defendant reserves the rightto supplement and amend this Witness List. EXHIBIT LIST 1. PolicyNo. XXXX-XXXX-4928 issued to Neil Espendez for the policyperiod of June 29,2020 through June 29, 2021 policyperiod for the property located at 2034 NW 183rd Terrace, Pembroke Pines, FL 33029 (the "Insured Property")with policy limits,premiums, and deductible redacted. 2. Applicationfor insurance under Policy No. -4928. 3. Photographs taken by Universal's field adjusterin connection with this lawsuit. 4. Any and photographs taken of the Insured Property relative to the allegationsin all the Complaint and/or the loss or claim that is the subjectof this action. 5. Any and all photographstaken of any damage to the Insured Property at any time. 6. Any and all photographs taken of the Insured Property at any time. 7. All sworn proofs of loss submitted by Plaintiffs for the Insured Property. 8. Weather historyfor the insured property on the date of loss. 9. All documents related to the purchase of the Insured Property by the Plaintiffs. 10. All documents related to any foreclosure of the Insured Property by the Plaintiffs. 11. The entire file from Claims Pro, Plaintiff' s publicadjuster. 12. The entire file from any of the Plaintiff's publicadjusters. 13. The entire file from Universal's expert witness(es). 14. Correspondence between Plaintiff and/or their representatives and Universal. 15. Correspondence between Plaintiff and Plaintiff's Public Adjuster and/or any entity retained by Plaintiffto perform services related to any damage at the Insured Property at any time on behalf of Plaintiff. 16. Correspondence between Universal and Plaintiff's Public Adjuster and/or any entity retained by Plaintiffto perform services related to any damage at the Insured Property at any time on behalf of Plaintiff. 17. Correspondence between Plaintiff and any Public Adjusters and/or third-party concerningthe loss that is the subjectof this action and/or the property that is the subjectof this action. 18. Correspondence between Universal and any Public Adjusters and/or third-party concerningthe loss that is the subjectofthis action. 19. Correspondence between Plaintiff and any Public Adjusters and/or third-party concerningthe Insured Property. 20. Correspondence between Universal and any Public Adjusters and/or third-party concerningthe Insured Property. 21. The entire file from A Crown Roofing. 22. Any and statements, includingbut not limited to recorded statements, affidavits, all depositiontranscr*ts, videotaped depositionsand any other transcripts taken in connection with this lawsuit. 23. Any and statements, includingbut not limited to recorded statements, affidavits, all depositiontranscr*ts, videotaped depositionsand any other transcripts taken in connection with the Insured Property. 24. Any and all estimates for repairsto the Insured Property relative to the allegations in the Complaint and/or the loss or claim that is the subjectof this action. 25. Any and all estimates prepared relative to any damage to the insured location. 26. Any and estimates for repairsto the Insured Property at any time prepared on all behalf of Plaintiff and/or any representative o f Plaintiff. 27. Any and all checks, drafts,or evidence of payments made by Universal to the Plaintiff(s). 28. Any and all checks, drafts,or evidence of payments made by Universal for the Insured Property. 29. Any and all bills, receipts,or otherwise pertainingto the Insured Property relative to in the Complaint and/or the loss or claim that is the subjectof this the allegations action. 30. Any and all bills,receipts,or otherwise pertainingto the Insured Property at any time. 31. Any and all diagrams, or sketches ofthe Insured Property. floorplans, 32. Any and all photographs in Universal's underwriting file for Policy No. XXXX- XXXX-4928. 33. Any and allcorrespondencebetween Universal and Plaintiff and/or Plaintiff's agents in Universal's underwritingfile PolicyNo. XXXX-XXXX-4928. 34. Any and all answers to the parties'Interrogatories. 35. Any and all documents included in the answers parties' to Interrogatories. 36. Any and all Request for Production. responses to the parties' 37. Any and all documents included in the parties' Responses to Request for Production. 38. Any and all Requests for Admissions. responses to the parties' 39. Any and all documents which have been identified or described in the discovery process. 40. Any and exhibits produced by any person or company to any party pursuant to a all subpoena duces tecum or by any other party pursuant to a request for production. 41. Any and exhibits produced by any person or company to any party pursuant to a all subpoena issued in accordance with a notice of productionfrom non-party. 42. Any and all depositiontranscr*tsand exhibits attached thereto. curriculum vitae and/or resume. 43. Universal's expert(s)' 44. Universal's expert(s)' photographs. 45. Universal's expert(s)' report. 46. Any and all attached to pleadings, statements, depositiontranscripts, exhibits videotaped depositions and any other transcriptstaken in connection with this lawsuit. 47. Any and all pertinent ordinances, municipal provisions,Florida Statutes,relevant to any of the allegationsof the Plaintiff's Complaint and Universal's Answers and Affirmative Defenses. 48. Any and all impeachment material. 49. Any and all rebuttal material 50. Any and all exhibits listed on the Plaintiffs Exhibit List. 51. Universal reserves the rightto use any and all documents designatedby the Plaintiff. 52. Any and all exhibits specifiedor allegedto be utilized by the Plaintiff herein at the time o f trial. 53. Any and hereof, upon prompt and all exhibits,newly discovered after the filing reasonable notice of the Plaintiff. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via E- Service to: John A. Esq., The Mineo Salcedo., Salcedo Law Firm, P.A., (Service@mineolaw.com) on this 19th day of May 2022. AttorneysMDefendant Universal Property & CasualtyIns. Co. PO Box 9388 Fort Lauderdale, Florida 33310 Telephone: 954-958-3319 Toll-Free: 1-833-658-8594 (Judges Only) Facsimile: 954-958-1262 For Service of Court Documents onlv Primary upciceserviceO1@universalproperty.com Secondary op1215@universalproperty.com Tertiary: kv0921@universalproperty.com For Scheduling Matters: er0810@universalproperty.com