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Filing # 189659870 E-Filed 01/12/2024 12:01:40 PM
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.: 23001812CA
SCOTT HUBER,
Plaintiff,
Vv
UNITED SERVICES AUTOMOBILE
ASSOCIATION,
Defendant.
/
DEFENDANT’S EXHIBIT LIST
COMES NOW Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION,
by and through its undersigned counsel and pursuant to this Court’s Trial Order, hereby
files its Exhibit List:
1 Policy Number 01867 40 27 90A, with effective dates of May 15, 2022, through
May 15, 2023, including Declaration Page(s) and all attachments, and/or
endorsements, and/or renewals thereto, and/or application.
Correspondence from USAA to the Plaintiff dated October 6, 2022, including
Defendant’s payment letter.
Correspondence from USAA to the Plaintiff dated February 28, 2023, including
Defendant's payment letter.
Correspondence from USAA to the Plaintiff dated March 6, 2023, including
Defendant's partial denial letter.
Plaintiff's water mitigation estimate dated December 30, 2022.
Plaintiffs build back estimate dated December 30, 2022.
Any public adjuster agreements, AOB agreements, or other contracts with
Plaintiffs estimator in existence.
All reports and/or photographs taken by Plaintiffs estimator(s).
Page 1
COLE, SCOTT & KISSANE, P.A.
CASE NO.: 23001812CA
9. All Photographs taken by Defendant’s Independent Adjuster Doug Townsend.
10.All Photographs taken by Defendant’s Independent Adjuster Zac Pleus.
11.All copies of Independent Adjuster estimate copies produced to Plaintiff with
correspondence payment letters.
12. Transcripts regarding Plaintiffs examinations under oath.
13.Any and all engineer reports and/or photographs on behalf of either party.
14.All correspondence from Plaintiff, or Plaintiffs’ representatives or agents, to
Defendant.
15. All correspondence from Defendant or Defendant’s representatives or agents, to
Plaintiff or Plaintiff's representatives or agents.
16.All check payments issued to Plaintiff and/or their representatives.
17. Resumes or curriculum vitae for Defendant's expert witnesses called by
Defendant.
18. Defendant’s responses to discovery.
19. Plaintiffs’ Application of Insurance with Defendant.
20. All documents produced by the parties in response to any request for production
or other discovery requests.
21. Any and all documents produced in response to subpoenas from Plaintiff or
Defendant.
22. Any and all exhibits listed on Plaintiffs’ Exhibit List filed under separate cover.
23.All transcripts of depositions taken in this case.
24. All documents relied upon by witnesses.
25. All photographs taken by Plaintiff in relation to the subject property.
26.All photographs taken by Plaintiff's representatives and/or estimators and/or
remediation servicepeople in relation to the subject property.
2
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX
CASE NO.: 23001812CA
27.The entire file of all experts in Defendant’s Expert Witness List, including
photographs and reports.
28.The entire file of all experts listed in Plaintiffs’ Expert Witness List, including
photographs and reports.
29. All estimates prepared on behalf of the Plaintiff.
30. Any engineering reports prepared on behalf of the Plaintiff.
31. All aerial photographs of the subject property.
32. All permits relating to the subject property.
33. All correspondence between Defendant and Plaintiff, including their
Representatives.
34. All licenses associated with the subject property.
35. All licenses of the Plaintiffs.
36. All deposition transcripts and attached exhibits.
37. Any and all exhibits listed by Plaintiff, without waiving objection thereto.
38.Any and all documents and correspondence not yet discovered.
39.Any and all demonstrative aids
40.Defendant reserves the right to list and/or produce additional exhibits.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 12th day of January, 2024, a true and correct
copy of the foregoing was filed with the Clerk of Charlotte County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Faith Everett, Esq., Insurance
Litigation Group, P.A., service@ILGPA.com; faith@ilgpa.com, 1500 N.E. 162nd St.,
Miami, FL 33162, (786) 529-0090/(866) 239-9520 (F), Attorney for Plaintiff, Scott Huber.
3
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX
CASE NO.: 23001812CA
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant
110 Tower
110 S.E. 6th Street, Suite 2700
Fort Lauderdale, Florida 33301
Telephone (954) 703-3769
Facsimile (954) 703-3701
Primary e-mail: alexander. bistritz@csklegal.com
Secondary e-mail: sean.sabogal@csklegal.com
Alternate e-mail:
youselyne.senorgue@csklegal.com
By: s/ Sean Sabogal, Esq.
ALEXANDER S. BISTRITZ
Florida Bar No.: 1017745
SEAN M. SABOGAL
Florida Bar No.: 1038487
4
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX
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Filing # 189659870 E-Filed 01/12/2024 12:01:40 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23001812CA SCOTT HUBER, Plaintiff, Vv UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. / DEFENDANT’S EXHIBIT LIST COMES NOW Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, by and through its undersigned counsel and pursuant to this Court’s Trial Order, hereby files its Exhibit List: 1 Policy Number 01867 40 27 90A, with effective dates of May 15, 2022, through May 15, 2023, including Declaration Page(s) and all attachments, and/or endorsements, and/or renewals thereto, and/or application. Correspondence from USAA to the Plaintiff dated October 6, 2022, including Defendant’s payment letter. Correspondence from USAA to the Plaintiff dated February 28, 2023, including Defendant's payment letter. Correspondence from USAA to the Plaintiff dated March 6, 2023, including Defendant's partial denial letter. Plaintiff's water mitigation estimate dated December 30, 2022. Plaintiffs build back estimate dated December 30, 2022. Any public adjuster agreements, AOB agreements, or other contracts with Plaintiffs estimator in existence. All reports and/or photographs taken by Plaintiffs estimator(s). Page 1 COLE, SCOTT & KISSANE, P.A. CASE NO.: 23001812CA 9. All Photographs taken by Defendant’s Independent Adjuster Doug Townsend. 10.All Photographs taken by Defendant’s Independent Adjuster Zac Pleus. 11.All copies of Independent Adjuster estimate copies produced to Plaintiff with correspondence payment letters. 12. Transcripts regarding Plaintiffs examinations under oath. 13.Any and all engineer reports and/or photographs on behalf of either party. 14.All correspondence from Plaintiff, or Plaintiffs’ representatives or agents, to Defendant. 15. All correspondence from Defendant or Defendant’s representatives or agents, to Plaintiff or Plaintiff's representatives or agents. 16.All check payments issued to Plaintiff and/or their representatives. 17. Resumes or curriculum vitae for Defendant's expert witnesses called by Defendant. 18. Defendant’s responses to discovery. 19. Plaintiffs’ Application of Insurance with Defendant. 20. All documents produced by the parties in response to any request for production or other discovery requests. 21. Any and all documents produced in response to subpoenas from Plaintiff or Defendant. 22. Any and all exhibits listed on Plaintiffs’ Exhibit List filed under separate cover. 23.All transcripts of depositions taken in this case. 24. All documents relied upon by witnesses. 25. All photographs taken by Plaintiff in relation to the subject property. 26.All photographs taken by Plaintiff's representatives and/or estimators and/or remediation servicepeople in relation to the subject property. 2 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX CASE NO.: 23001812CA 27.The entire file of all experts in Defendant’s Expert Witness List, including photographs and reports. 28.The entire file of all experts listed in Plaintiffs’ Expert Witness List, including photographs and reports. 29. All estimates prepared on behalf of the Plaintiff. 30. Any engineering reports prepared on behalf of the Plaintiff. 31. All aerial photographs of the subject property. 32. All permits relating to the subject property. 33. All correspondence between Defendant and Plaintiff, including their Representatives. 34. All licenses associated with the subject property. 35. All licenses of the Plaintiffs. 36. All deposition transcripts and attached exhibits. 37. Any and all exhibits listed by Plaintiff, without waiving objection thereto. 38.Any and all documents and correspondence not yet discovered. 39.Any and all demonstrative aids 40.Defendant reserves the right to list and/or produce additional exhibits. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 12th day of January, 2024, a true and correct copy of the foregoing was filed with the Clerk of Charlotte County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Faith Everett, Esq., Insurance Litigation Group, P.A., service@ILGPA.com; faith@ilgpa.com, 1500 N.E. 162nd St., Miami, FL 33162, (786) 529-0090/(866) 239-9520 (F), Attorney for Plaintiff, Scott Huber. 3 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX CASE NO.: 23001812CA COLE, SCOTT & KISSANE, P.A. Counsel for Defendant 110 Tower 110 S.E. 6th Street, Suite 2700 Fort Lauderdale, Florida 33301 Telephone (954) 703-3769 Facsimile (954) 703-3701 Primary e-mail: alexander. bistritz@csklegal.com Secondary e-mail: sean.sabogal@csklegal.com Alternate e-mail: youselyne.senorgue@csklegal.com By: s/ Sean Sabogal, Esq. ALEXANDER S. BISTRITZ Florida Bar No.: 1017745 SEAN M. SABOGAL Florida Bar No.: 1038487 4 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX