Preview
Filing # 191981781 E-Filed 02/14/2024 04:37:24 PM
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
JAMES KELLER,
CASE NO.:
Plaintiff
v
MONICA BRIANNA SHAFFER
and RUTH MARIE SHAFFER,
Defendants.
/
PLAINTIFF’S REQUEST TO PRODUCE TO DEFENDANT, RUTH MARIE SHAFFER
COMES NOW Plaintiff, JAMES KELLER, pursuant to Rules 1.280 and 1.350, Florida
Rules of Civil Procedure, request that Defendant, RUTH MARIE SHAFFER, produce for
inspection, copying or photographing (production of documents in .PDF format via link) at
the offices of Farah & Farah, P.A., 5100 W. Kennedy Blvd, Suite 250, Tampa, FL 33609, within
the time provided for in the Florida Rules of Civil Procedure of forty-five (45) days, each of the
following documents:
DEFINITIONS
As used throughout Plaintiff's Request to Produce, the following terms are defined as
follows:
A “Document” is used herein in its customary broad sense to include, by way of
illustration only and not by way of limitation, the following items, whether printed or reproduced
by any process, or written and/or produced by hand, and whether or not claimed to be privileged
or otherwise excludable from discovery, which are in the possession of, subject to the control of,
or within the knowledge of Defendant, its agents, servants, employees or its counsel; namely, all
written or printed matter of any kind including the original and all non-identical copies. Whether
2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 1
different from the original by reason of any notation made on such copies or otherwise
(including without limitation correspondence, memoranda, notes, speeches, press releases,
diaries, calendars, appointment books, statistics, letters, telegrams, minutes, contracts, reports,
studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectus,
interoffice and intraoffice communications offers, notations or memoranda of any sort of
conversation, telephone calls, meetings or other communications, bulletins, printed matter,
computer printouts, teletypes, telefax, invoices, modifications, changes and amendments of any
kind of the foregoing), graphic or aural records or representations of any kind (including without
limitations photographs, charts, graphs, microfiches, microfilm, videotapes, recordings, motion
pictures) and electronics, mechanical or electrical records or representations of any kind
(including without limitations, tapes, cassettes, discs, punch cards and records).
B The terms “relating to”, “in regard to” and “including” mean constituting,
comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing,
mentioning, concerning and/or referring to, directly or indirectly.
Cc “Person” shall mean individual, association, trust, public or private institute,
corporation or other legal entity.
CLAIM OF PRIVILEGE
If any document or statement is withheld from this request under a claim of privilege,
then please furnish a list which identifies each document or statement for which privilege is
claimed and include the following information for each such document:
1 The date(s);
2 The subject matter(s);
3 The sender(s) or author(s);
2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 2
4 The recipient(s);
5 The persons to whom copies were furnished, together with their job titles; and
6. The basis on which privilege is claimed.
GROUPING OR NUMBERING OF ITEMS PRODUCED
It is requested that the documents or other items submitted in response to Plaintiffs
Request to Produce to Defendant be grouped according to the individual request to which it is
responsive and within each group, arranged in chronological order.
ITEMS TO BE PRODUCED
1 A certified copy of any and all policies of automobile insurance, including excess
insurance, providing liability coverage to the Defendant in effect on the date of the incident
complained of herein.
2 Copy of the title to the motor vehicle operated by MONICA BRIANNA
SHAFFER on the date of the accident complained of herein.
3 All proofs of loss, repair bills, damage estimates, or reports of examination
describing in any way the nature and extent of the damage to Defendant’s property, as well as
any subrogation agreements in possession of Defendant, its agents or attorneys, pertaining to the
damage to the vehicle described above on the date of the incident complained of herein.
4 All proofs of loss, repair bills, damage estimates or reports of examination
describing in any way the nature and extent of the damage to Plaintiff's property and subrogation
agreements in possession of Defendant, its agents or attorneys, pertaining to damage to the
vehicle driven by the Plaintiffon the date of the incident complained of herein.
2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 3
5 Color copies of any and all photographs and/or videotapes in the possession of
Defendant, its agents or attorneys, depicting any damage sustained to the vehicle described
above driven and owned by the Defendant on the date of the incident complained of herein.
6. Copies of the tapes and any written transcripts of any and all statements made by
Plaintiff to you, your agents or employees or anyone else regarding the incident complained of
herein.
7
Color 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.
8 Any and all photographs, motion picture films, tapes or other recordings as they
relate to the subject matter herein.
9 Any and all surveillance films, tapes, photographs, activity records, neighborhood
canvassing, etc. and the results thereof obtained with regard to the Plaintiff herein which are
intended to be used either for substantive, corroborative, or impeachment purposes pursuant to
Dodson v. Persell, 390 So. 2d 704 (Fla. 1980).
10. Copies of any and all report(s) made by any party or any representative thereof,
indicating the circumstances of the incident in question.
11. Any and all statements, including but not limited to, recorded telephone
interviews, tapes, written statements, whether signed or unsigned, of all witnesses to the incident
relative to the subject matter of this action and/or any witnesses having any knowledge regarding
any and all facts and issues in the instant litigation.
2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 4
12. Any and all photographs, videotapes, diagrams or sketches of the scene of the
incident that are to be presented as evidence at trial.
13. Any and all photographs or videotapes of the vehicles involved in the incident
before and after the accident which are to be presented as evidence at trial.
14. Any and all photographs, videotapes, blow-ups, recordings, charts, graphs,
sketches and any other tangible items which you intend to use during the trial of this cause and
which have not been produced in response to any of the preceding paragraphs.
15. All documents, papers or evidence to be introduced at trial.
16. All expert reports from any experts who will testify at trial.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished with Summons,
Complaint, Notice of Designation of Email Addresses, Notice of Serving Interrogatories,
Interrogatories, Request to Produce and Request for Admissions by process server to Defendant.
FARAH & FARAH, P.A.
/s/ Joshua A. Kopp
Joshua A. Kopp, Esq.
Florida Bar No.: 1015894
5100 W. Kennedy Boulevard, Suite 250
Tampa, FL 33609
(813) 582-3896 Direct
(813) 582-3896 Facsimile
Attorney for Plaintiff
Service E-Mails:
jkopp@farahandfarah.com
dknetzer@farahandfarah.com
2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 5
Preview
Filing # 191981781 E-Filed 02/14/2024 04:37:24 PM IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION JAMES KELLER, CASE NO.: Plaintiff v MONICA BRIANNA SHAFFER and RUTH MARIE SHAFFER, Defendants. / PLAINTIFF’S REQUEST TO PRODUCE TO DEFENDANT, RUTH MARIE SHAFFER COMES NOW Plaintiff, JAMES KELLER, pursuant to Rules 1.280 and 1.350, Florida Rules of Civil Procedure, request that Defendant, RUTH MARIE SHAFFER, produce for inspection, copying or photographing (production of documents in .PDF format via link) at the offices of Farah & Farah, P.A., 5100 W. Kennedy Blvd, Suite 250, Tampa, FL 33609, within the time provided for in the Florida Rules of Civil Procedure of forty-five (45) days, each of the following documents: DEFINITIONS As used throughout Plaintiff's Request to Produce, the following terms are defined as follows: A “Document” is used herein in its customary broad sense to include, by way of illustration only and not by way of limitation, the following items, whether printed or reproduced by any process, or written and/or produced by hand, and whether or not claimed to be privileged or otherwise excludable from discovery, which are in the possession of, subject to the control of, or within the knowledge of Defendant, its agents, servants, employees or its counsel; namely, all written or printed matter of any kind including the original and all non-identical copies. Whether 2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 1 different from the original by reason of any notation made on such copies or otherwise (including without limitation correspondence, memoranda, notes, speeches, press releases, diaries, calendars, appointment books, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectus, interoffice and intraoffice communications offers, notations or memoranda of any sort of conversation, telephone calls, meetings or other communications, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, modifications, changes and amendments of any kind of the foregoing), graphic or aural records or representations of any kind (including without limitations photographs, charts, graphs, microfiches, microfilm, videotapes, recordings, motion pictures) and electronics, mechanical or electrical records or representations of any kind (including without limitations, tapes, cassettes, discs, punch cards and records). B The terms “relating to”, “in regard to” and “including” mean constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, mentioning, concerning and/or referring to, directly or indirectly. Cc “Person” shall mean individual, association, trust, public or private institute, corporation or other legal entity. CLAIM OF PRIVILEGE If any document or statement is withheld from this request under a claim of privilege, then please furnish a list which identifies each document or statement for which privilege is claimed and include the following information for each such document: 1 The date(s); 2 The subject matter(s); 3 The sender(s) or author(s); 2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 2 4 The recipient(s); 5 The persons to whom copies were furnished, together with their job titles; and 6. The basis on which privilege is claimed. GROUPING OR NUMBERING OF ITEMS PRODUCED It is requested that the documents or other items submitted in response to Plaintiffs Request to Produce to Defendant be grouped according to the individual request to which it is responsive and within each group, arranged in chronological order. ITEMS TO BE PRODUCED 1 A certified copy of any and all policies of automobile insurance, including excess insurance, providing liability coverage to the Defendant in effect on the date of the incident complained of herein. 2 Copy of the title to the motor vehicle operated by MONICA BRIANNA SHAFFER on the date of the accident complained of herein. 3 All proofs of loss, repair bills, damage estimates, or reports of examination describing in any way the nature and extent of the damage to Defendant’s property, as well as any subrogation agreements in possession of Defendant, its agents or attorneys, pertaining to the damage to the vehicle described above on the date of the incident complained of herein. 4 All proofs of loss, repair bills, damage estimates or reports of examination describing in any way the nature and extent of the damage to Plaintiff's property and subrogation agreements in possession of Defendant, its agents or attorneys, pertaining to damage to the vehicle driven by the Plaintiffon the date of the incident complained of herein. 2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 3 5 Color copies of any and all photographs and/or videotapes in the possession of Defendant, its agents or attorneys, depicting any damage sustained to the vehicle described above driven and owned by the Defendant on the date of the incident complained of herein. 6. Copies of the tapes and any written transcripts of any and all statements made by Plaintiff to you, your agents or employees or anyone else regarding the incident complained of herein. 7 Color 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. 8 Any and all photographs, motion picture films, tapes or other recordings as they relate to the subject matter herein. 9 Any and all surveillance films, tapes, photographs, activity records, neighborhood canvassing, etc. and the results thereof obtained with regard to the Plaintiff herein which are intended to be used either for substantive, corroborative, or impeachment purposes pursuant to Dodson v. Persell, 390 So. 2d 704 (Fla. 1980). 10. Copies of any and all report(s) made by any party or any representative thereof, indicating the circumstances of the incident in question. 11. Any and all statements, including but not limited to, recorded telephone interviews, tapes, written statements, whether signed or unsigned, of all witnesses to the incident relative to the subject matter of this action and/or any witnesses having any knowledge regarding any and all facts and issues in the instant litigation. 2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 4 12. Any and all photographs, videotapes, diagrams or sketches of the scene of the incident that are to be presented as evidence at trial. 13. Any and all photographs or videotapes of the vehicles involved in the incident before and after the accident which are to be presented as evidence at trial. 14. Any and all photographs, videotapes, blow-ups, recordings, charts, graphs, sketches and any other tangible items which you intend to use during the trial of this cause and which have not been produced in response to any of the preceding paragraphs. 15. All documents, papers or evidence to be introduced at trial. 16. All expert reports from any experts who will testify at trial. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished with Summons, Complaint, Notice of Designation of Email Addresses, Notice of Serving Interrogatories, Interrogatories, Request to Produce and Request for Admissions by process server to Defendant. FARAH & FARAH, P.A. /s/ Joshua A. Kopp Joshua A. Kopp, Esq. Florida Bar No.: 1015894 5100 W. Kennedy Boulevard, Suite 250 Tampa, FL 33609 (813) 582-3896 Direct (813) 582-3896 Facsimile Attorney for Plaintiff Service E-Mails: jkopp@farahandfarah.com dknetzer@farahandfarah.com 2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 5