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Filing # 191834763 E-Filed 02/13/2024 11:12:00 AM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR THE CIRCUIT CIVIL DIVISION, OF CALHOUN COUNTY, FLORIDA
LOGAN CHASON,
Plaintiff,
Case No.:
vs.
DARREN JAMES VARNUM,
RONALD DALE VARNUM, and
GEICO CASUALTY COMPANY
Defendants.
REQU TT TO PRODUCE TO DEFENDANT, DARRE IES VARNUM
PURSUANT TO Rule 1.350, Florida Rules of Civil Procedure, Plaintiff, LOGAN CHASON
by and through his undersigned counsel, requests that Defendant, DARREN JAMES VARNUM
produce for inspection or copying the documents set forth below. Defendant shall produce these
documents at Morgan & Morgan, 313 North Monroe Street, Suite 401, Tallahassee, Florida 32301,
within forty-five (45) days after service of this Request to Produce.
DEFINITIONS & INSTRUCTIONS
1 The term “Plaintiff” refers to Plaintiff, LOGAN CHASON, including his agents,
employees, and all other persons acting or purporting to act on his behalf and, unless privileged,
the party’s attorney.
2. The term “you” or “Defendant” refers to Defendant, DARREN JAMES VARNUM,
including her agents, employees, and all other persons acting or purporting to act on her behalf
and, unless privileged, the party’s attorney.
3 The terms “document” or “documents” mean the original and all drafts or copies
thereof which are different in any way from the original (whether by interlineation, receipt stamps
Electronically Filed Calhoun Case # 24000008CAAXMX 02/13/2024 10:12:00 AM
notation, indication of copies sent or received, or otherwise) and all attached or annexed materials
to any written, typewritten, handwritten, printed, graphic, photographic or recorded material,
correspondence, telegrams, facsimiles, telexes, emails, memoranda, records of meetings,
conferences, telephone or other communications, pamphlets, books, notes, reports, studies,
transcripts, indexes, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates,
minutes, tapes, photographs and photographic films, sound recordings, phonograph records, video
tapes, data compilations from which information can be obtained or can be translated into a form
reasonably usable, computer data files, tapes, electronic media, inputs or outputs, and other
computer-readable records or programs, all electronically stored or created data, whether written,
typed, printed, punched, filmed, marked in any way, data or information stored in any form
readable or accessible by computer including, but not limited to, magnetic tape storage media, hard
disks, hard drives, floppy disks, compact disks, computer tapes, memory and magnetic tapes of
any kind, backup copies and “deleted” files on any computer storage devise or media, including
the printed output of any such electronic data/communications processing equipment or
magnetically stored information, computer memory, optical media, magneto media, and other
physical media on which notations or making of any kind can be affixed whether located on-site
or off-site. All drafts, copies or preliminary materials which are different in any way from the
executed or final documents shall be considered to be additional documents as the terms are used
herein.
4 The term “communication(s)” shall mean every manner or means of disclosure,
transfer, or exchange, and every disclosure, transfer or exchange of information whether orally or
face-to-face, or by telephone, mail, e-mail, computer disk, telecopy or facsimile, personal delivery,
social media, text message, or otherwise.
5 The term “person” means any natural person, any business entity (whether a
corporation, partnership, or other business association), any government or political subdivision
thereof, or governmental body, commission board, agency, bureau, or department.
6 The phrase “reflecting or relating to” or any variant thereof means constitutes,
embodies, comprises, reflects, discusses, identifies, states, comments on, responds to, describes,
analyzes, contains information concerning, or is any way related, connected, associated, or
pertinent to the stated subject matter.
7 The terms “and” and “or” shall be construed both conjunctively and disjunctively
so as to make each request inclusive rather than exclusive. The singular form of any word includes
the plural and vice versa; and the masculine includes the feminine and vice versa.
8 The term “including” means including without limitation.
9 The term “agent” shall mean any agent, employee, officer, director, attorney,
independent contractor, or any other person acting at the direction of or on behalf of another.
10. This document request encompasses all computer records or files on any
computers, equipment, machinery, telephones or files in your actual or constructive possession,
custody, care, or control (collectively “electronically stored information” or “ESI”). Accordingly,
even if a particular document was deleted, purged, or archived, this document request requires a
diligent search of any and all computer records, hard drives, disks, diskettes, floppy disks, or other
storage medium on which any document or any information requested herein might reside or be
found, specifically including all backup files or any drive containing any backup or copy of any
documents requested herein.
11. The form of production of any ESI shall be in its native file format with metadata
intact or in an equally useable format. If you intend to produce any ESI in a format other than
native file format with metadata intact, please contact counsel for Plaintiff prior to production of
the ESI to discuss an acceptable format for production.
12. To the extent that you consider any of the following requests objectionable, respond
to so much of each, and each part thereof, which is not objectionable in your view, and separately
state that part of each which is objectionable and the ground for each objection.
13. If any document is withheld under a claim of privilege or other protection, so as to
aid the Court and the parties hereto to determine the validity of the claim of privilege or other
protection, please provide the following information with respect to any such document:
(i) The name and job title of the person(s) who prepared the document, who signed it, and
over whose name it was sent or issued;
(ii) The name and job title of any person(s) to whom the document was directed;
(iii) The nature and substance of the document with sufficient particularity to enable the
Court and the parties hereto to identify the document;
(iv) The date of the document;
(v) The identity of the person(s) having custody or control over the document and each
copy thereof;
(vi) The title of the document;
(vii) The number of pages;
(viii) The basis on which any privilege or other protection is claimed; and
(ix) Whether any non-privileged or non-protected matter is included in the document.
Consistent with Florida Rule of Civil Procedure 1.350(b), please produce documents in a manner
that will facilitate their identification with the particular Request to which they are responsive. If
any document is responsive to more than one Request, please so indicate to the extent it is
reasonably practicable to do so.
DEFENDANT SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS:
All statements made by any occupants of the vehicles involved in the subject accident.
All statements made by any witnesses to the subject accident.
All statements made by the Plaintiff pertaining to or concerning the subject matter.
All color photographs of the vehicles involved in the subject accident.
All photographs of the Defendant or the Plaintiff depicting injuries received in the subject
accident.
A copy of any and all insurance agreements, insurance policies or agreements of any kind
or nature under which any person or company carrying on an insurance business may be
liable to satisfy part of all of a judgment which may be entered in this action or to indemnify
or reimburse any payments made to satisfy any such judgment or settlement, including but
not limited to a certified copy of the declarations sheet as to each such policy.
Documents relating to or discussing repairs or maintenance to the Defendant's vehicle that
were done for the six (6) month period of time preceding and including the date of the
accident and for the six (6) month period of time following the date of the accident.
The repair bill and estimates for the repairs to the Defendant's vehicle for damages incurred
in the accident.
Documents relating to or discussing any statements made by Defendant.
10. All photographs of the accident scene and surrounding areas.
11 Any and all documentation relating to the download/analysis of Event Data Recorder
and/or “Black Box” technology/equipment on the subject vehicle.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished to the Defendant
together with the Summons and Complaint.
/s/ Michael Patrick Gagliardi
Michael Patrick Gagliardi, Esquire
FBN 1002328
Morgan & Morgan, PA
313 North Monroe Street, Suite 401
Tallahassee, Florida 32301
Primary Email: mgagliardi@forthepeople.com
Secondary Emails: rlowe@forthepeople.com
jsaldana@forthepeople.com,
meredle@forthepeople.com
Phone: (850) 385-1644
Fax: (850) 201-2737
Attorneys for Plaintiff
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Filing # 191834763 E-Filed 02/13/2024 11:12:00 AM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR THE CIRCUIT CIVIL DIVISION, OF CALHOUN COUNTY, FLORIDA LOGAN CHASON, Plaintiff, Case No.: vs. DARREN JAMES VARNUM, RONALD DALE VARNUM, and GEICO CASUALTY COMPANY Defendants. REQU TT TO PRODUCE TO DEFENDANT, DARRE IES VARNUM PURSUANT TO Rule 1.350, Florida Rules of Civil Procedure, Plaintiff, LOGAN CHASON by and through his undersigned counsel, requests that Defendant, DARREN JAMES VARNUM produce for inspection or copying the documents set forth below. Defendant shall produce these documents at Morgan & Morgan, 313 North Monroe Street, Suite 401, Tallahassee, Florida 32301, within forty-five (45) days after service of this Request to Produce. DEFINITIONS & INSTRUCTIONS 1 The term “Plaintiff” refers to Plaintiff, LOGAN CHASON, including his agents, employees, and all other persons acting or purporting to act on his behalf and, unless privileged, the party’s attorney. 2. The term “you” or “Defendant” refers to Defendant, DARREN JAMES VARNUM, including her agents, employees, and all other persons acting or purporting to act on her behalf and, unless privileged, the party’s attorney. 3 The terms “document” or “documents” mean the original and all drafts or copies thereof which are different in any way from the original (whether by interlineation, receipt stamps Electronically Filed Calhoun Case # 24000008CAAXMX 02/13/2024 10:12:00 AM notation, indication of copies sent or received, or otherwise) and all attached or annexed materials to any written, typewritten, handwritten, printed, graphic, photographic or recorded material, correspondence, telegrams, facsimiles, telexes, emails, memoranda, records of meetings, conferences, telephone or other communications, pamphlets, books, notes, reports, studies, transcripts, indexes, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates, minutes, tapes, photographs and photographic films, sound recordings, phonograph records, video tapes, data compilations from which information can be obtained or can be translated into a form reasonably usable, computer data files, tapes, electronic media, inputs or outputs, and other computer-readable records or programs, all electronically stored or created data, whether written, typed, printed, punched, filmed, marked in any way, data or information stored in any form readable or accessible by computer including, but not limited to, magnetic tape storage media, hard disks, hard drives, floppy disks, compact disks, computer tapes, memory and magnetic tapes of any kind, backup copies and “deleted” files on any computer storage devise or media, including the printed output of any such electronic data/communications processing equipment or magnetically stored information, computer memory, optical media, magneto media, and other physical media on which notations or making of any kind can be affixed whether located on-site or off-site. All drafts, copies or preliminary materials which are different in any way from the executed or final documents shall be considered to be additional documents as the terms are used herein. 4 The term “communication(s)” shall mean every manner or means of disclosure, transfer, or exchange, and every disclosure, transfer or exchange of information whether orally or face-to-face, or by telephone, mail, e-mail, computer disk, telecopy or facsimile, personal delivery, social media, text message, or otherwise. 5 The term “person” means any natural person, any business entity (whether a corporation, partnership, or other business association), any government or political subdivision thereof, or governmental body, commission board, agency, bureau, or department. 6 The phrase “reflecting or relating to” or any variant thereof means constitutes, embodies, comprises, reflects, discusses, identifies, states, comments on, responds to, describes, analyzes, contains information concerning, or is any way related, connected, associated, or pertinent to the stated subject matter. 7 The terms “and” and “or” shall be construed both conjunctively and disjunctively so as to make each request inclusive rather than exclusive. The singular form of any word includes the plural and vice versa; and the masculine includes the feminine and vice versa. 8 The term “including” means including without limitation. 9 The term “agent” shall mean any agent, employee, officer, director, attorney, independent contractor, or any other person acting at the direction of or on behalf of another. 10. This document request encompasses all computer records or files on any computers, equipment, machinery, telephones or files in your actual or constructive possession, custody, care, or control (collectively “electronically stored information” or “ESI”). Accordingly, even if a particular document was deleted, purged, or archived, this document request requires a diligent search of any and all computer records, hard drives, disks, diskettes, floppy disks, or other storage medium on which any document or any information requested herein might reside or be found, specifically including all backup files or any drive containing any backup or copy of any documents requested herein. 11. The form of production of any ESI shall be in its native file format with metadata intact or in an equally useable format. If you intend to produce any ESI in a format other than native file format with metadata intact, please contact counsel for Plaintiff prior to production of the ESI to discuss an acceptable format for production. 12. To the extent that you consider any of the following requests objectionable, respond to so much of each, and each part thereof, which is not objectionable in your view, and separately state that part of each which is objectionable and the ground for each objection. 13. If any document is withheld under a claim of privilege or other protection, so as to aid the Court and the parties hereto to determine the validity of the claim of privilege or other protection, please provide the following information with respect to any such document: (i) The name and job title of the person(s) who prepared the document, who signed it, and over whose name it was sent or issued; (ii) The name and job title of any person(s) to whom the document was directed; (iii) The nature and substance of the document with sufficient particularity to enable the Court and the parties hereto to identify the document; (iv) The date of the document; (v) The identity of the person(s) having custody or control over the document and each copy thereof; (vi) The title of the document; (vii) The number of pages; (viii) The basis on which any privilege or other protection is claimed; and (ix) Whether any non-privileged or non-protected matter is included in the document. Consistent with Florida Rule of Civil Procedure 1.350(b), please produce documents in a manner that will facilitate their identification with the particular Request to which they are responsive. If any document is responsive to more than one Request, please so indicate to the extent it is reasonably practicable to do so. DEFENDANT SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS: All statements made by any occupants of the vehicles involved in the subject accident. All statements made by any witnesses to the subject accident. All statements made by the Plaintiff pertaining to or concerning the subject matter. All color photographs of the vehicles involved in the subject accident. All photographs of the Defendant or the Plaintiff depicting injuries received in the subject accident. A copy of any and all insurance agreements, insurance policies or agreements of any kind or nature under which any person or company carrying on an insurance business may be liable to satisfy part of all of a judgment which may be entered in this action or to indemnify or reimburse any payments made to satisfy any such judgment or settlement, including but not limited to a certified copy of the declarations sheet as to each such policy. Documents relating to or discussing repairs or maintenance to the Defendant's vehicle that were done for the six (6) month period of time preceding and including the date of the accident and for the six (6) month period of time following the date of the accident. The repair bill and estimates for the repairs to the Defendant's vehicle for damages incurred in the accident. Documents relating to or discussing any statements made by Defendant. 10. All photographs of the accident scene and surrounding areas. 11 Any and all documentation relating to the download/analysis of Event Data Recorder and/or “Black Box” technology/equipment on the subject vehicle. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to the Defendant together with the Summons and Complaint. /s/ Michael Patrick Gagliardi Michael Patrick Gagliardi, Esquire FBN 1002328 Morgan & Morgan, PA 313 North Monroe Street, Suite 401 Tallahassee, Florida 32301 Primary Email: mgagliardi@forthepeople.com Secondary Emails: rlowe@forthepeople.com jsaldana@forthepeople.com, meredle@forthepeople.com Phone: (850) 385-1644 Fax: (850) 201-2737 Attorneys for Plaintiff