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Filing # 191158691 E-Filed 02/02/2024 03:51:03 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR THE COUNTY OF HILLSBOROUGH, STATE OF FLORIDA
CIRCUIT CIVIL DIVISION
CINDI LU DURAND,
Plaintiff,
v. Case No.:
JUSTIN DE LA MOTA, SUSANA
DE LA MOTA, and PROGRESSIVE
PREFERRED INSURANCE COMPANY,
Defendants.
/
NOTICE OF SERVICE OF PLAINTIFF’S, CINDI LU DURAND, FIRST REQUEST TO
PRODUCE TO DEFENDANT, JUSTIN DE LA MOTA
Plaintiff, CINDI LU DURAND, by and through the undersigned attorney, pursuant to
Rule 1.350 of the Florida Rules of Civil Procedure, requests Defendant, JUSTIN DE LA
MOTA, to produce at the office of Berger Fernandez, PLLC, 14499 N. Dale Mabry Hwy., Suite
162-S, Tampa, Florida 33618 within forty-five (45) days the following documents requested in
Schedule A.
/s/ Brett Berger, Esq._______
BRETT BERGER, ESQUIRE
Florida Bar No.: 0040697
ADAM J. FERNANDEZ, ESQUIRE
Florida Bar No.: 55804
BERGER FERNANDEZ, PLLC
14499 N. Dale Mabry Hwy., Suite 162-S
Tampa, Florida 33618
T: (813) 200-7070
F: (813) 200-7174
Brett@bergerfernandez.com
Adam@bergerfernandez.com
Vanessa@bergerfernandez.com
Counsel for Plaintiff
2/2/2024 3:51 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via process server with a copy of the Complaint.
/s/ Brett Berger, Esq._______
BRETT BERGER, ESQUIRE
Florida Bar No.: 0040697
ADAM J. FERNANDEZ, ESQUIRE
Florida Bar No.: 55804
BERGER FERNANDEZ, PLLC
14499 N. Dale Mabry Hwy., Suite 162-S
Tampa, Florida 33618
T: (813) 200-7070
F: (813) 200-7174
Brett@bergerfernandez.com
Adam@bergerfernandez.com
Vanessa@bergerfernandez.com
Counsel for Plaintiff
2/2/2024 3:51 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
SCHEDULE "A"
REQUEST TO PRODUCE
1. Defendant is hereby requested to produce a copy of any and all statements (as defined in
the Rules of Civil Procedure) concerning this action or the subject matter of this action
previously made by Plaintiff.
2. Defendant is requested to produce a copy of any and all policies of liability insurance
providing liability coverage to Defendant for claims arising out of the incident described
in the Complaint, or, copies of any and all policies of insurance which allegedly provide
liability insurance coverage to Defendant for the incident described in the Complaint.
3. Defendant is requested to produce a copy of any and all policies of insurance of any kind
or nature which would provide benefits to Plaintiff by reason of incidents described in the
Complaint.
4. Defendant is requested to produce copies of any and all photographs taken at the scene of
the incident described in the Complaint which do or might reveal marks, damage, or
conditions which no longer exist at said scene or which probably no longer exist at said
scene on the date of the filing of this request.
5. Defendant is requested to produce any property in the possession of Defendant on the date
of the incident described in the Complaint which was involved in the incident described in
the Complaint and which property contains marks or damage as a result of the incident
described in the Complaint, or if such property no longer contains such marks or damage
in the same condition as it did on the date of the incident described in the Complaint
subsequent to said incident, then produce for examination copies of any and all
photographs showing such marks or damage.
6. Defendant is requested to produce Defendant's motor vehicle described in the Complaint,
or if said motor vehicle is no longer available, any and all photographs of Defendant's
motor vehicle in the possession of Defendant.
7. Defendant is requested to produce any photographs of the vehicle driven by Defendant,
JUSTIN DE LA MOTA, showing any marks or damage on said vehicle which were the
result of the incident described in the Complaint.
8. Defendant is requested to produce any written document, repair estimate, or report of
examination describing in any way the nature and extent of the damage to Defendant's
property which occurred as a result of the incident described in the Complaint or any such
documents reflecting conditions of Defendant's property immediately prior to the incident
described in the Complaint which said conditions have subsequently been repaired or
corrected or no longer exist.
2/2/2024 3:51 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
9. Any and all statements, transcripts, recorded statements in your possession of any witness,
party, or other individual who may have any information regarding the subject matter of
this lawsuit.
10. Any and all surveillance of Plaintiffs including, but not limited to, videotapes, audiotapes,
photographs, pictures, reports, etc.
11. Names, addresses, and telephone numbers of any and all persons including agents of
Defendant and/or attorneys for Defendant who have performed any surveillance of
Plaintiffs.
12. Defendant hereby requested to produce a copy of any and all maintenance records for one
year prior to February 8, 2020, for the vehicle driven by Defendant, JUSTIN DE LA
MOTA, at the time of the crash described in the Complaint.
13. Defendant is hereby requested to produce the on-board data or “Cadec” data information
pertaining to the operation of the vehicle being driven by JUSTIN DE LA MOTA, in
question for the five minute period prior to the motor vehicle accident and leading up to
the time of the accident described in Plaintiff’s Complaint.
14. Defendant is hereby requested to produce the user name/handle of any and all social media
Defendant used or had active on February 8, 2020.
2/2/2024 3:51 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
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Filing # 191158691 E-Filed 02/02/2024 03:51:03 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR THE COUNTY OF HILLSBOROUGH, STATE OF FLORIDA CIRCUIT CIVIL DIVISION CINDI LU DURAND, Plaintiff, v. Case No.: JUSTIN DE LA MOTA, SUSANA DE LA MOTA, and PROGRESSIVE PREFERRED INSURANCE COMPANY, Defendants. / NOTICE OF SERVICE OF PLAINTIFF’S, CINDI LU DURAND, FIRST REQUEST TO PRODUCE TO DEFENDANT, JUSTIN DE LA MOTA Plaintiff, CINDI LU DURAND, by and through the undersigned attorney, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, requests Defendant, JUSTIN DE LA MOTA, to produce at the office of Berger Fernandez, PLLC, 14499 N. Dale Mabry Hwy., Suite 162-S, Tampa, Florida 33618 within forty-five (45) days the following documents requested in Schedule A. /s/ Brett Berger, Esq._______ BRETT BERGER, ESQUIRE Florida Bar No.: 0040697 ADAM J. FERNANDEZ, ESQUIRE Florida Bar No.: 55804 BERGER FERNANDEZ, PLLC 14499 N. Dale Mabry Hwy., Suite 162-S Tampa, Florida 33618 T: (813) 200-7070 F: (813) 200-7174 Brett@bergerfernandez.com Adam@bergerfernandez.com Vanessa@bergerfernandez.com Counsel for Plaintiff 2/2/2024 3:51 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via process server with a copy of the Complaint. /s/ Brett Berger, Esq._______ BRETT BERGER, ESQUIRE Florida Bar No.: 0040697 ADAM J. FERNANDEZ, ESQUIRE Florida Bar No.: 55804 BERGER FERNANDEZ, PLLC 14499 N. Dale Mabry Hwy., Suite 162-S Tampa, Florida 33618 T: (813) 200-7070 F: (813) 200-7174 Brett@bergerfernandez.com Adam@bergerfernandez.com Vanessa@bergerfernandez.com Counsel for Plaintiff 2/2/2024 3:51 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 SCHEDULE "A" REQUEST TO PRODUCE 1. Defendant is hereby requested to produce a copy of any and all statements (as defined in the Rules of Civil Procedure) concerning this action or the subject matter of this action previously made by Plaintiff. 2. Defendant is requested to produce a copy of any and all policies of liability insurance providing liability coverage to Defendant for claims arising out of the incident described in the Complaint, or, copies of any and all policies of insurance which allegedly provide liability insurance coverage to Defendant for the incident described in the Complaint. 3. Defendant is requested to produce a copy of any and all policies of insurance of any kind or nature which would provide benefits to Plaintiff by reason of incidents described in the Complaint. 4. Defendant is requested to produce copies of any and all photographs taken at the scene of the incident described in the Complaint which do or might reveal marks, damage, or conditions which no longer exist at said scene or which probably no longer exist at said scene on the date of the filing of this request. 5. Defendant is requested to produce any property in the possession of Defendant on the date of the incident described in the Complaint which was involved in the incident described in the Complaint and which property contains marks or damage as a result of the incident described in the Complaint, or if such property no longer contains such marks or damage in the same condition as it did on the date of the incident described in the Complaint subsequent to said incident, then produce for examination copies of any and all photographs showing such marks or damage. 6. Defendant is requested to produce Defendant's motor vehicle described in the Complaint, or if said motor vehicle is no longer available, any and all photographs of Defendant's motor vehicle in the possession of Defendant. 7. Defendant is requested to produce any photographs of the vehicle driven by Defendant, JUSTIN DE LA MOTA, showing any marks or damage on said vehicle which were the result of the incident described in the Complaint. 8. Defendant is requested to produce any written document, repair estimate, or report of examination describing in any way the nature and extent of the damage to Defendant's property which occurred as a result of the incident described in the Complaint or any such documents reflecting conditions of Defendant's property immediately prior to the incident described in the Complaint which said conditions have subsequently been repaired or corrected or no longer exist. 2/2/2024 3:51 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 9. Any and all statements, transcripts, recorded statements in your possession of any witness, party, or other individual who may have any information regarding the subject matter of this lawsuit. 10. Any and all surveillance of Plaintiffs including, but not limited to, videotapes, audiotapes, photographs, pictures, reports, etc. 11. Names, addresses, and telephone numbers of any and all persons including agents of Defendant and/or attorneys for Defendant who have performed any surveillance of Plaintiffs. 12. Defendant hereby requested to produce a copy of any and all maintenance records for one year prior to February 8, 2020, for the vehicle driven by Defendant, JUSTIN DE LA MOTA, at the time of the crash described in the Complaint. 13. Defendant is hereby requested to produce the on-board data or “Cadec” data information pertaining to the operation of the vehicle being driven by JUSTIN DE LA MOTA, in question for the five minute period prior to the motor vehicle accident and leading up to the time of the accident described in Plaintiff’s Complaint. 14. Defendant is hereby requested to produce the user name/handle of any and all social media Defendant used or had active on February 8, 2020. 2/2/2024 3:51 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4