Preview
Filing # 155065343 E-Filed 08/10/2022 02:55:20 PM
IN THE CIRCUIT COURT OF THE
SECOND JUDICIAL CIRCUIT, IN AND
FOR LEON COUNTY, FLORIDA
CYPRESS RESTORATION, INC.,
A Florida corporation, d/b/a Paul
Davis Restoration of Tallahassee,
CIVIL DIVISION
Plaintiff, CASE NO.: 2022-CA-000752
VS.
BEVERLY A. WOODSON,
Defendant.
/
DEFENDANT, BEVERLY A. WOODSON’S RESPONSE
TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
Defendant, BEVERLY A. WOODSON, by and through her undersigned counsel, and
pursuant to Florida Rule of Civil Procedure 1.350, hereby provides her responses to Plaintiff's
First Request for Production as follows:
1. Documents or Communications that You sent to or received from Plaintiff, that mention,
refer to or relating to the construction work on the Property by Plaintiff.
RESPONSE: All documents in Defendant’s possession reflecting interaction between
Plaintiff and Defendant are enclosed.
2. Documents or Communications that You sent to or received from Your homeowner’s
insurer, or any third party claim administrator agent of such insurer, that mention, refer to or
relating to the construction work on the Property by Plaintiff.
RESPONSE: Such documents in Defendant’s possession are enclosed.
3. Documents or Communications that You sent to or received from any other person or
entity, that mention, refer to or relating to the construction work on the Property by Plaintiff.
RESPONSE: Such documents in Defendant’s possession are enclosed.
4, Documents or Communications that You sent to or received from Your mortgage lender,
or any third party loan servicing agent or claim fund managing agent of such lender, that mention,
refer to or relating to the construction work on the Property by Plaintiff.
RESPONSE: Such documents in Defendant’s possession are enclosed.
5. Documents or Communications that You sent to or received from any person or entity,
including Your homeowner’s insurer, or any third party claim administrator agent of such insurer,
that mention, refer to or relating to any estimate, proposal, projection, or itemization, for the
construction work upon, or any other damage to, the Property from the date of the casualty incident
involving the Property as alleged in the Complaint, until the Present Time.
RESPONSE: Such documents in Defendant’s possession are enclosed.
6. Documents or Communications that You sent to or received from any person or entity,
that mention, refer to or relating to any invoice, statement, charge, expense, or any other form of
remuneration for the construction work upon, or any other damage to, he Property from the date
of the casualty incident involving the Property as alleged in the Complaint, until the Present Time.
RESPONSE: Such documents in Defendant’s possession are enclosed.
7. Contents of Your file relating to your homeowner’s insurance claim made for all damage
to the Property from the date of the casualty incident involving the Property as alleged in the
Complaint, until the Present Time.
RESPONSE: Such documents in Defendant’s possession are enclosed. Additional
attempts to secure documents from Southern Fidelity Insurance and/or the Florida
Insurance Guaranty Association (FIGA) are being made. Any documents received
will be provided.
8. Documents or Communications relating to Plaintiff's performance of work related to the
Contract.
RESPONSE: Such documents (text messages) in Defendant’s possession are enclosed.
9. Documents or Communications relating to all payments by You, Your insurer, or Your
mortgage lender to Plaintiff.
RESPONSE: Such documents in Defendant’s possession are enclosed.
10. Documents or Communications which relate to all payments by Your homeowner’s
insurer, or any third party claim administrator agent of such insurer, for the construction work on
the Property by Plaintiff.
RESPONSE: Such documents in Defendant’s possession are enclosed.
11. Documents or Communications which relate to all payments by Your homeowner’s
insurer, or any third party claim administrator agent of such insurer, for any construction work on
the Property by any other person or entity.
RESPONSE: None in Defendant’s possession.
12. Documents or Communications which relate to all payments by Your mortgage lender,
or any third party loan servicing agent or claim fund managing agent of such lender, for the
construction work on the Property by Plaintiff.
RESPONSE: Such documents in Defendant’s possession are enclosed.
13. Documents which demonstrate all payments by You to Plaintiff.
RESPONSE: Such documents in Defendant’s possession are enclosed.
14. Documents or Communications which show all payments by You from any claim
payments received from Your homeowner’s insurer, or any third party claim administrator agent
of such insurer, from the date of the loss for the casualty incident involving the Property as alleged
in the Complaint, until the Present Time.
RESPONSE: Such documents in Defendant’s possession are enclosed.
15. Documents or Communications which demonstrate the receipt, current balance status
and disbursement of all funds received by Your mortgage lender, or any third party loan servicing
agent, or claim fund managing agent of such lender, from all insurance coverage payments relating
to the property damage to the Property at issue in this lawsuit which have been received from Your
homeowner’s insurer, or any third party claim administrator agent of such insurer, including but
not limited to escrow fund statements applicable to such funds, checks, electronic funds transfers
or other such records of disbursement of such funds.
RESPONSE: Such documents in Defendant’s possession are enclosed.
16. Your homeowner’s insurance policy which was in effect on the date of the casualty
incident involving the Property as alleged in the Complaint.
RESPONSE: This has been requested from FIGA. A Copy will be provided upon
receipt.
17. Documents or photographs which depict any damage to the Property from the date of
the casualty incident involving the Property as alleged in the Complaint, or which depict any
construction work on the Property, until the Present Time.
RESPONSE: Such documents in Defendant’s possession are enclosed.
18. Documents or Communications which relate to each Affirmative Defense raised by
You in your response to the Complaint.
RESPONSE: See enclosed documents.
19. Documents or Communications which relate to any inspection or examination reports
on the Property performed at any time by any person or entity, including Your homeowner's
insurer, or any third party claim administrator agent of such insurer, and Your mortgage lender, or
any third party loan servicing agent or claim fund managing agent of such lender.
RESPONSE: See enclosed documents from LL Flooring documents. Defendant is in
the process of acquiring additional contractor estimates which will be provided upon
receipt.
20. Documents or Communications which relate to any Communication with any
contractors, engineers, architects, subcontractors or other experts or professionals related to the
Property.
RESPONSE: See enclosed documents from LL Flooring documents. Defendant is in
the process of acquiring additional contractor estimates which will be provided upon
receipt.
21. Documents or Communications which relate to any contracts for repairs and/or bid
estimates for repairs you claim are necessary as a result of acts or omissions of Plaintiff.
RESPONSE: See enclosed documents from LL Flooring documents. Defendant is in
the process of acquiring additional contractor estimates which will be provided upon receipt.
22. Your electric utility bills for the Property from August 1, 2020, to the Present Time.
RESPONSE: Enclosed.
23. Documents or Communications which relate to any maintenance, repairs, renovations,
or improvements which has been performed on the Property since August 1, 2020.
RESPONSE: See all enclosed documents.
24. Statements or Communications concerning the Property, this lawsuit or the subject
matter of this lawsuit previously made by Plaintiff.
RESPONSE: See all enclosed documents and text messages.
25. Photographs, videos, maps, drawings, diagrams, measurements, surveys, reports, or
other Documents in Your possession or control concerning the Property or the events and
happenings relating to any claim or defense in this lawsuit either made before, at the time of, or
after Plaintiff's work on the Property, and the condition of the Property at any time before or after
Your purchase of the Property.
RESPONSE: Photographs in Defendant’s possession are enclosed.
26. Documents or Communications that may constitute or contain a statement,
representation, declaration or admission of any party in this lawsuit or any of their officers,
employees, agents or contractors, concerning any matter relating to the Property or any issue in
any claim or defense to this lawsuit.
RESPONSE: See enclosed documents and text messages.
27. Documents or Communications that were referred to, referenced, reviewed or utilized
by You in the preparation of your Response to Complaint filed in this case.
RESPONSE: See enclosed documents.
28. Documents or Communications which relate to any objection You made to the charges
of Plaintiff for the construction work at issue in the Complaint.
RESPONSE: See enclosed documents.
29. All exhibits you may use at trial or deposition for any purpose.
RESPONSE: Objection. This request seeks information protected by the attorney-
client and work-product privileges. Without waiving said objection, no determination has
yet been made which documents/materials will be used as trial exhibits in this matter. Such
documents, if any, will be properly and timely disclosed pursuant to the controlling case
management deadlines. Without waiving said objection, see enclosed documents.
30. Any notes, diaries, calendars, travel logs, or other documents you have maintained
since the date of the casualty incident involving the Property as alleged in the Complaint, until the
Present Time, which relate in any manner to any issue in this lawsuit.
RESPONSE: No specific notes, diaries, calendars, or travel logs. See enclosed
documents, photos, and text messages.
Respectfully submitted this 10" day of August 2022.
a
Bes Ogi.
STUART C. POAGE, ESQUIRE
Florida Bar Number: 388246
RACHEL GIVENS, ESQUIRE
Florida Bar Number 1024797
PENNINGTON, P.A.
215 South Monroe Street, Suite 200
Tallahassee, Florida 32301
Telephone: (850) 222-3533
Facsimile: (850) 222-2126
poage@penningtonlaw.com
givens@penningtonlaw.com
jduguetoro@penningtonlaw.com
Attorneys for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed
electronically on August 10, 2022, with the Clerk of Court and sent via the court’s e-service system
to:
John W. Black, Esq.
2155 Delta Blvd., Suite 210-A
Tallahassee, Florida 32303
jwblack@nettall y.com
jwblack215 tlook.con
Attorney for Plaintiff
Attorney
Preview
Filing # 155065343 E-Filed 08/10/2022 02:55:20 PM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA CYPRESS RESTORATION, INC., A Florida corporation, d/b/a Paul Davis Restoration of Tallahassee, CIVIL DIVISION Plaintiff, CASE NO.: 2022-CA-000752 VS. BEVERLY A. WOODSON, Defendant. / DEFENDANT, BEVERLY A. WOODSON’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Defendant, BEVERLY A. WOODSON, by and through her undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.350, hereby provides her responses to Plaintiff's First Request for Production as follows: 1. Documents or Communications that You sent to or received from Plaintiff, that mention, refer to or relating to the construction work on the Property by Plaintiff. RESPONSE: All documents in Defendant’s possession reflecting interaction between Plaintiff and Defendant are enclosed. 2. Documents or Communications that You sent to or received from Your homeowner’s insurer, or any third party claim administrator agent of such insurer, that mention, refer to or relating to the construction work on the Property by Plaintiff. RESPONSE: Such documents in Defendant’s possession are enclosed. 3. Documents or Communications that You sent to or received from any other person or entity, that mention, refer to or relating to the construction work on the Property by Plaintiff. RESPONSE: Such documents in Defendant’s possession are enclosed. 4, Documents or Communications that You sent to or received from Your mortgage lender, or any third party loan servicing agent or claim fund managing agent of such lender, that mention, refer to or relating to the construction work on the Property by Plaintiff. RESPONSE: Such documents in Defendant’s possession are enclosed. 5. Documents or Communications that You sent to or received from any person or entity, including Your homeowner’s insurer, or any third party claim administrator agent of such insurer, that mention, refer to or relating to any estimate, proposal, projection, or itemization, for the construction work upon, or any other damage to, the Property from the date of the casualty incident involving the Property as alleged in the Complaint, until the Present Time. RESPONSE: Such documents in Defendant’s possession are enclosed. 6. Documents or Communications that You sent to or received from any person or entity, that mention, refer to or relating to any invoice, statement, charge, expense, or any other form of remuneration for the construction work upon, or any other damage to, he Property from the date of the casualty incident involving the Property as alleged in the Complaint, until the Present Time. RESPONSE: Such documents in Defendant’s possession are enclosed. 7. Contents of Your file relating to your homeowner’s insurance claim made for all damage to the Property from the date of the casualty incident involving the Property as alleged in the Complaint, until the Present Time. RESPONSE: Such documents in Defendant’s possession are enclosed. Additional attempts to secure documents from Southern Fidelity Insurance and/or the Florida Insurance Guaranty Association (FIGA) are being made. Any documents received will be provided. 8. Documents or Communications relating to Plaintiff's performance of work related to the Contract. RESPONSE: Such documents (text messages) in Defendant’s possession are enclosed. 9. Documents or Communications relating to all payments by You, Your insurer, or Your mortgage lender to Plaintiff. RESPONSE: Such documents in Defendant’s possession are enclosed. 10. Documents or Communications which relate to all payments by Your homeowner’s insurer, or any third party claim administrator agent of such insurer, for the construction work on the Property by Plaintiff. RESPONSE: Such documents in Defendant’s possession are enclosed. 11. Documents or Communications which relate to all payments by Your homeowner’s insurer, or any third party claim administrator agent of such insurer, for any construction work on the Property by any other person or entity. RESPONSE: None in Defendant’s possession. 12. Documents or Communications which relate to all payments by Your mortgage lender, or any third party loan servicing agent or claim fund managing agent of such lender, for the construction work on the Property by Plaintiff. RESPONSE: Such documents in Defendant’s possession are enclosed. 13. Documents which demonstrate all payments by You to Plaintiff. RESPONSE: Such documents in Defendant’s possession are enclosed. 14. Documents or Communications which show all payments by You from any claim payments received from Your homeowner’s insurer, or any third party claim administrator agent of such insurer, from the date of the loss for the casualty incident involving the Property as alleged in the Complaint, until the Present Time. RESPONSE: Such documents in Defendant’s possession are enclosed. 15. Documents or Communications which demonstrate the receipt, current balance status and disbursement of all funds received by Your mortgage lender, or any third party loan servicing agent, or claim fund managing agent of such lender, from all insurance coverage payments relating to the property damage to the Property at issue in this lawsuit which have been received from Your homeowner’s insurer, or any third party claim administrator agent of such insurer, including but not limited to escrow fund statements applicable to such funds, checks, electronic funds transfers or other such records of disbursement of such funds. RESPONSE: Such documents in Defendant’s possession are enclosed. 16. Your homeowner’s insurance policy which was in effect on the date of the casualty incident involving the Property as alleged in the Complaint. RESPONSE: This has been requested from FIGA. A Copy will be provided upon receipt. 17. Documents or photographs which depict any damage to the Property from the date of the casualty incident involving the Property as alleged in the Complaint, or which depict any construction work on the Property, until the Present Time. RESPONSE: Such documents in Defendant’s possession are enclosed. 18. Documents or Communications which relate to each Affirmative Defense raised by You in your response to the Complaint. RESPONSE: See enclosed documents. 19. Documents or Communications which relate to any inspection or examination reports on the Property performed at any time by any person or entity, including Your homeowner's insurer, or any third party claim administrator agent of such insurer, and Your mortgage lender, or any third party loan servicing agent or claim fund managing agent of such lender. RESPONSE: See enclosed documents from LL Flooring documents. Defendant is in the process of acquiring additional contractor estimates which will be provided upon receipt. 20. Documents or Communications which relate to any Communication with any contractors, engineers, architects, subcontractors or other experts or professionals related to the Property. RESPONSE: See enclosed documents from LL Flooring documents. Defendant is in the process of acquiring additional contractor estimates which will be provided upon receipt. 21. Documents or Communications which relate to any contracts for repairs and/or bid estimates for repairs you claim are necessary as a result of acts or omissions of Plaintiff. RESPONSE: See enclosed documents from LL Flooring documents. Defendant is in the process of acquiring additional contractor estimates which will be provided upon receipt. 22. Your electric utility bills for the Property from August 1, 2020, to the Present Time. RESPONSE: Enclosed. 23. Documents or Communications which relate to any maintenance, repairs, renovations, or improvements which has been performed on the Property since August 1, 2020. RESPONSE: See all enclosed documents. 24. Statements or Communications concerning the Property, this lawsuit or the subject matter of this lawsuit previously made by Plaintiff. RESPONSE: See all enclosed documents and text messages. 25. Photographs, videos, maps, drawings, diagrams, measurements, surveys, reports, or other Documents in Your possession or control concerning the Property or the events and happenings relating to any claim or defense in this lawsuit either made before, at the time of, or after Plaintiff's work on the Property, and the condition of the Property at any time before or after Your purchase of the Property. RESPONSE: Photographs in Defendant’s possession are enclosed. 26. Documents or Communications that may constitute or contain a statement, representation, declaration or admission of any party in this lawsuit or any of their officers, employees, agents or contractors, concerning any matter relating to the Property or any issue in any claim or defense to this lawsuit. RESPONSE: See enclosed documents and text messages. 27. Documents or Communications that were referred to, referenced, reviewed or utilized by You in the preparation of your Response to Complaint filed in this case. RESPONSE: See enclosed documents. 28. Documents or Communications which relate to any objection You made to the charges of Plaintiff for the construction work at issue in the Complaint. RESPONSE: See enclosed documents. 29. All exhibits you may use at trial or deposition for any purpose. RESPONSE: Objection. This request seeks information protected by the attorney- client and work-product privileges. Without waiving said objection, no determination has yet been made which documents/materials will be used as trial exhibits in this matter. Such documents, if any, will be properly and timely disclosed pursuant to the controlling case management deadlines. Without waiving said objection, see enclosed documents. 30. Any notes, diaries, calendars, travel logs, or other documents you have maintained since the date of the casualty incident involving the Property as alleged in the Complaint, until the Present Time, which relate in any manner to any issue in this lawsuit. RESPONSE: No specific notes, diaries, calendars, or travel logs. See enclosed documents, photos, and text messages. Respectfully submitted this 10" day of August 2022. a Bes Ogi. STUART C. POAGE, ESQUIRE Florida Bar Number: 388246 RACHEL GIVENS, ESQUIRE Florida Bar Number 1024797 PENNINGTON, P.A. 215 South Monroe Street, Suite 200 Tallahassee, Florida 32301 Telephone: (850) 222-3533 Facsimile: (850) 222-2126 poage@penningtonlaw.com givens@penningtonlaw.com jduguetoro@penningtonlaw.com Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed electronically on August 10, 2022, with the Clerk of Court and sent via the court’s e-service system to: John W. Black, Esq. 2155 Delta Blvd., Suite 210-A Tallahassee, Florida 32303 jwblack@nettall y.com jwblack215 tlook.con Attorney for Plaintiff Attorney