Preview
Filing # 188876870 E-Filed 01/02/2024 05:55:30 AM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL
CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE No.!""
STEPHANIE LOPEZ,
Plaintiff,
v.
CITIZENS PROPERTY
INSURANCE CORPORATION,
Defendant.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!"
PLAINTIFF’S NOTICE OF TAKING
DEPOSITION DUCES TECUM
Please Take Notice that the undersigned attorneys will take the deposition of:
Deponent Date and Time Place
Field Adjuster TBD Universal Court Reporting
(via Zoom)
Upon oral examination before a court reporter or any other Notary Public or officer
authorized by law to take depositions in the State of Florida. The oral examination will
continue from hour to hour and day to day until completed. This deposition is being taken
for the purpose of discovery, for use at trial, or for such other purposes as are permitted
under the Rules of Court. YOU ARE REQUIRED TO HAVE WITH YOU ALL
ORIGINAL DOCUMENTS THAT YOU HAVE WHICH ARE LISTED IN
THE ATTACHED SCHEDULE “A”.
In an effort to expedite the deposition(s), Plaintiff’s counsel requests that the materials
and/or items responsive to Schedule “A” be produced at least ten (10) days before the date
of the deposition to allow the parties to conduct the depositions in an efficient and non-
prejudicial manner.
Further, to the extent that Defendant claims any privilege or confidentiality applies to
the documents requested, the deponent is directed to bring such responsive documents to
the deposition(s) so that they can fully answer all of Plaintiff’s counsel’s questions.
However, a privilege log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5)
may be produced prior to and at the deposition(s) in lieu of the actual documents over which
such claim(s) is asserted.
!
1/2/2024 5:55 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
CERTIFICATE OF SERVICE
I Hereby Certify that a true and correct copy of the foregoing was e-filed on
January 2, 2024 and will be served upon Defendant along with the Complaint via the
Florida Department of Financial Services.
Respectfully submitted!"
Valiente, Carollo &
McElligott, PLLC
Attorneys for Plaintiff
1111 Brickell Ave. – Ste. 1550
Miami, Florida 33131
(786) 361-6887 / F: (786) 551-6300
eservice@vcmlawgroup.com
caroline@vcmlawgroup.com
By: /s/ Caroline M. Carollo__
Caroline M. Carollo, Esq.
FL Bar No.: 112406
#
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1/2/2024 5:55 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
INSTRUCTIONS
To the extent Defendant contends that any of the requests listed above seek documents
protected by privilege, Plaintiff requests that Defendant prepare and produce prior to the
deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiff also
requests that the documents Defendant asserts are privileged be brought to the deposition
and be made available to the deponent for the sole purpose of refreshing the deponent’s
recollection, to allow competent testimony during the deposition. Furthermore, and to the
extent that a designation is objected to, Plaintiff respectfully demands that the deposition
take place to the extent that a designation is not objected to so that any disputed
designations do not serve to delay the progression of this case. By so stating, Plaintiff does
not waive his/her right to proceed with secondary 1.310(b)(6) depositions at a later point.
SCHEDULE “A” – SUBPOENA DUCES TECUM
1.! All documents you reviewed in preparation for this deposition.
2.! All letters, memoranda, and other forms of written or computerized
communication that relate in any way to the adjusting, processing, or handling of
the claim at issue in this action.
3.! All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any
employee, representative or agent of Defendant and Plaintiff, or his/her
representatives or agents that concern, refer, or relate in any way to the subject
claim(s).
4.! All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between you and any
employee of Defendant that concern, refer, or relate in any way to the subject
claim(s).
5.! All written or computerized records of any investigation or adjustment activities by
you, from the date of loss to present.
6.! All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, to or from you and any
employee of Defendant that concern, refer, or relate in any way to the decision to
pay, deny, withhold, delay payment, or conditionally or partially pay Plaintiff’s
claim.
7.! All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between Plaintiff and
you that concern, refer, or relate in any way to the decision by any employee of
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1/2/2024 5:55 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
Defendant to pay, deny, withhold, delay payment, or conditionally or partially pay
Plaintiff’s claim.
8.! All activity logs, diaries, claim notes or logs created by you during the adjustment
of Plaintiff’s claim including but not limited to:
a.! The file folders in which the preceding documents are kept.
b.! All reports and correspondence.
c.! Tapes - video and audio.
d.! Photographs and original negatives.
9.! Copies of all summaries of statements made by Plaintiff and all recorded or
transcribed statements taken by or overhead by you.
10.! Copies of all letters from Defendant that make payment, deny payment, authorize
payment or withhold payment for the subject claim.
11.! Copies of all documents in your possession, custody or control relating to the
insured property, including but not limited to: photographs, video tapes, estimates,
sketches, drawings, field notes, estimates for damage(s), reports relied upon by you,
reports prepared by you or reports prepared for you or on your behalf regarding the
loss at the insured property.
12.! Copies of all property damage inventories, estimates or reports prepared and
received by you and upon which you relied in reaching your conclusions concerning
valuation of the loss.
13.! Any and all documents, statements, notes, measurements, test results and related
materials relied upon by you in reaching your conclusion regarding the extent and
or cause of damage to the subject property.
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1/2/2024 5:55 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
Preview
Filing # 188876870 E-Filed 01/02/2024 05:55:30 AM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CASE No.!"" STEPHANIE LOPEZ, Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!" PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES TECUM Please Take Notice that the undersigned attorneys will take the deposition of: Deponent Date and Time Place Field Adjuster TBD Universal Court Reporting (via Zoom) Upon oral examination before a court reporter or any other Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from hour to hour and day to day until completed. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court. YOU ARE REQUIRED TO HAVE WITH YOU ALL ORIGINAL DOCUMENTS THAT YOU HAVE WHICH ARE LISTED IN THE ATTACHED SCHEDULE “A”. In an effort to expedite the deposition(s), Plaintiff’s counsel requests that the materials and/or items responsive to Schedule “A” be produced at least ten (10) days before the date of the deposition to allow the parties to conduct the depositions in an efficient and non- prejudicial manner. Further, to the extent that Defendant claims any privilege or confidentiality applies to the documents requested, the deponent is directed to bring such responsive documents to the deposition(s) so that they can fully answer all of Plaintiff’s counsel’s questions. However, a privilege log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to and at the deposition(s) in lieu of the actual documents over which such claim(s) is asserted. ! 1/2/2024 5:55 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 CERTIFICATE OF SERVICE I Hereby Certify that a true and correct copy of the foregoing was e-filed on January 2, 2024 and will be served upon Defendant along with the Complaint via the Florida Department of Financial Services. Respectfully submitted!" Valiente, Carollo & McElligott, PLLC Attorneys for Plaintiff 1111 Brickell Ave. – Ste. 1550 Miami, Florida 33131 (786) 361-6887 / F: (786) 551-6300 eservice@vcmlawgroup.com caroline@vcmlawgroup.com By: /s/ Caroline M. Carollo__ Caroline M. Carollo, Esq. FL Bar No.: 112406 # -2- 1/2/2024 5:55 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 INSTRUCTIONS To the extent Defendant contends that any of the requests listed above seek documents protected by privilege, Plaintiff requests that Defendant prepare and produce prior to the deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiff also requests that the documents Defendant asserts are privileged be brought to the deposition and be made available to the deponent for the sole purpose of refreshing the deponent’s recollection, to allow competent testimony during the deposition. Furthermore, and to the extent that a designation is objected to, Plaintiff respectfully demands that the deposition take place to the extent that a designation is not objected to so that any disputed designations do not serve to delay the progression of this case. By so stating, Plaintiff does not waive his/her right to proceed with secondary 1.310(b)(6) depositions at a later point. SCHEDULE “A” – SUBPOENA DUCES TECUM 1.! All documents you reviewed in preparation for this deposition. 2.! All letters, memoranda, and other forms of written or computerized communication that relate in any way to the adjusting, processing, or handling of the claim at issue in this action. 3.! All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee, representative or agent of Defendant and Plaintiff, or his/her representatives or agents that concern, refer, or relate in any way to the subject claim(s). 4.! All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between you and any employee of Defendant that concern, refer, or relate in any way to the subject claim(s). 5.! All written or computerized records of any investigation or adjustment activities by you, from the date of loss to present. 6.! All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, to or from you and any employee of Defendant that concern, refer, or relate in any way to the decision to pay, deny, withhold, delay payment, or conditionally or partially pay Plaintiff’s claim. 7.! All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between Plaintiff and you that concern, refer, or relate in any way to the decision by any employee of -3- 1/2/2024 5:55 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 Defendant to pay, deny, withhold, delay payment, or conditionally or partially pay Plaintiff’s claim. 8.! All activity logs, diaries, claim notes or logs created by you during the adjustment of Plaintiff’s claim including but not limited to: a.! The file folders in which the preceding documents are kept. b.! All reports and correspondence. c.! Tapes - video and audio. d.! Photographs and original negatives. 9.! Copies of all summaries of statements made by Plaintiff and all recorded or transcribed statements taken by or overhead by you. 10.! Copies of all letters from Defendant that make payment, deny payment, authorize payment or withhold payment for the subject claim. 11.! Copies of all documents in your possession, custody or control relating to the insured property, including but not limited to: photographs, video tapes, estimates, sketches, drawings, field notes, estimates for damage(s), reports relied upon by you, reports prepared by you or reports prepared for you or on your behalf regarding the loss at the insured property. 12.! Copies of all property damage inventories, estimates or reports prepared and received by you and upon which you relied in reaching your conclusions concerning valuation of the loss. 13.! Any and all documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion regarding the extent and or cause of damage to the subject property. -4- 1/2/2024 5:55 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4