Preview
Filing # E-Filed 12/19/2019 04:09:18 PM
IN THE CIRCUIT COURT OF THE SEVENTH
JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA
Case No. 2019-10377 CIDL
TAMMY BRADFORD, individually, and
as Personal Representative of the Estate
of MICHAEL BLAZE BRADFORD, deceased;
and as Personal Representative of the
Estate of WARREN MICHAEL BRADFORD,
Deceased
Plaintiff,
vs.
MICHELIN NORTH AMERICA, INC.,
a foreign corporation and DISCOUNT
TIRE CO., a Florida corporation
Defendant.
/
DEFENDANT, DISCOUNT TIRE CO.'S FIRST REQUEST
FOR PRODUCTION OF DOCUMENTS AND THINGS TO PLAINTIFF
Defendant, DISCOUNT TIRE CO., (hereinafter "DT-FL") by and through its
undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby requests
Plaintiff, TAMMY BRADFORD, individually, and as Personal Representative of the Estate of
MICHAEL BLAZE BRADFORD, deceased; and as Personal Representative of the Estate of
WARREN MICHAEL BRADFORD, Deceased, produce for inspection and/or copying within
thirty (30) days of the date hereof, the following:
INSTRUCTIONS AND DEFINITIONS
A. In answering this request for production of documents and tangible items, all documents or
items, known or available, must be furnished, regardless of whether these documents are
physically possessed by the Plaintiff and/or his attorneys, employees, agents, investigators
or other representatives.
B. If any of the requested documents or items cannot be produced in full, produce to the extent
possible and specify: (1) whatever information and knowledge you have concerning the
contents of the remaining documents and items, including dates and titles; and (2) why the
remaining documents and items cannot be produced.
C. To the extent the items are not produced based on a claim of privilege, set forth the
following information: (i) a description of the document or item; (ii) the author or preparer
of the document or item, (iii) the date the document or item was prepared; (iv) the names of
the addressee(s) of the document or item; (v) the names of all persons whose names or
signatures appear in or on the document; (iv) the names of all persons who have had access
or possession of the document or item; and (vii) the present location of each document or
item.
D. To the extent items responsive to any request are either subject to a protective order
prohibiting disclosure or are documents produced by a Defendant in any litigation, in lieu of
production, identify each item by source and Bates number.
E. You are requested and obliged to supplement your responses to these requests up to and
through the trial of this action.
F. The term "document(s)" includes every writing and record of every type and description in
the possession, custody, control, or within the knowledge of the named Plaintiff and/or his
attorneys, employees, agents, investigators or other representatives, including but not limited
to letters, correspondence, telegrams, memoranda, notes, reports, calculations, ledgers,
recordings, (mechanical, electronic, typed or written), transcripts, drawings, blueprints,
charts, maps, graphs, photographs, still or moving picture films, studies, books, pamphlets,
schedules, desk calendars, diaries, invoices, work sheets and all drafts of any kind.
Additionally, the term "document" means a copy where the original is not in your
possession, custody, or control. Where photocopies are utilized, care should be taken to
insure that the produced copies clearly include all information contained in the originals,
specifically all material surrounding the perimeter edges.
G. The use of the singular form of any word includes the plural and vice versa.
H. The term "accident" means the incident which forms the basis of this lawsuit.
I. The term "identify" requires a statement of all information relative to each document,
including but not limited to the title, nature and subject matter, date, author and addressee.
J. The term "injury(ies)" means all physical, mental or emotional pains, complaints,
conditions, aggravations, symptoms, wounds, contusions, deformities, disfigurements,
damages and harm which you contend was caused or contributed to by the accident, unless
indicated otherwise.
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K. The term "person(s)" refers to every individual, partnership, firm, corporation, enterprise,
entity, association, employer, employee, agent, investigator, attorney, party, physician,
nurse, orderly, aide, therapist, health care provider, pharmacist, accountant, engineer, expert
witness, lay witness, photographer, police officer, coroner, ambulance personnel, paramedic,
other representative or person in any way connected with the events as alleged in your
complaint.
L. The terms "you" and "your" include Plaintiff, Sean Thompson, and his attorneys, agents,
investigators, and other representatives.
M. The term "this Defendant" refers to Defendant Discount Tire Co. ("DT-FL").
N. The term "vehicle" refers to the 2009 Nissan Maxima operated by Plaintiff, Corey McCray,
at the time of the subject accident, including all component parts.
REQUESTS
1. Please produce all Michael Blaze Bradford's complete cell phone billing statement(s)
including call details for the billing period which includes June 1, 2017.
2. Please produce all Warren Michael Bradford's complete cell phone billing statement(s)
including call details for the billing period which includes June 1, 2017.
3. Please produce all cell phone(s) in use by Michael Blaze Bradford on June 1, 2017 for
inspection and data analysis, including all retained or stored data as to calls and texts as
well as other App communications.
4. Please produce all cell phone(s) in use by Warren Michael Bradford on June 1, 2017 for
inspection and data analysis, including all retained or stored data as to calls and texts as
well as other App communications.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 19, 2019, I electronically filed the foregoing
with the Clerk of the Court using the Florida Courts E-filing Portal, and served a copy by E-mail
to:
Skip Edward Lynch, Esq., and Bruce R. Kaster,
Esq., skip @thetirelawyers.com; brk @ thetirelaw yers.com; josh @thetirelawyers.com; daneen @ th
etirelawyers.com Attorneys for Plaintiff
Michael J. Wiggins, Esq. and Colby Nicole Ferrus,
Esq., mwiggins@mtwlegal.com; e.service@mtwlegal.com, Attorneys for Defendant, Michelin
North America, Inc.
LOWIS & GELLEN LLP,
/s/ Deborah O'Brien Daly
DEBORAH O'BRIEN DALY, ESQUIRE
Florida Bar Number: 0580651
2170 West State Road 434, Suite 370
Longwood, FL 32779
Telephone: (407) 788-8003
Facsimile: (407) 788-8004
Email: dobrien@lowis-gellen.com
Attorneys for Defendant, Discount Tire Co.
/s/ Christian K. G. Henrichsen
CHRISTIAN K.G. HENRICHSEN, ESQUIRE
Arizona Bar Number: 013256
Admitted Pro Hac Vice
Discount Tire Company
20225 N. Scottsdale Road
Scottsdale, AZ 85255
Telephone: (480) 606-6973
E-mail: chris@dtlitigation.com
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Preview
Filing # E-Filed 12/19/2019 04:09:18 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA Case No. 2019-10377 CIDL TAMMY BRADFORD, individually, and as Personal Representative of the Estate of MICHAEL BLAZE BRADFORD, deceased; and as Personal Representative of the Estate of WARREN MICHAEL BRADFORD, Deceased Plaintiff, vs. MICHELIN NORTH AMERICA, INC., a foreign corporation and DISCOUNT TIRE CO., a Florida corporation Defendant. / DEFENDANT, DISCOUNT TIRE CO.'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO PLAINTIFF Defendant, DISCOUNT TIRE CO., (hereinafter "DT-FL") by and through its undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby requests Plaintiff, TAMMY BRADFORD, individually, and as Personal Representative of the Estate of MICHAEL BLAZE BRADFORD, deceased; and as Personal Representative of the Estate of WARREN MICHAEL BRADFORD, Deceased, produce for inspection and/or copying within thirty (30) days of the date hereof, the following: INSTRUCTIONS AND DEFINITIONS A. In answering this request for production of documents and tangible items, all documents or items, known or available, must be furnished, regardless of whether these documents are physically possessed by the Plaintiff and/or his attorneys, employees, agents, investigators or other representatives. B. If any of the requested documents or items cannot be produced in full, produce to the extent possible and specify: (1) whatever information and knowledge you have concerning the contents of the remaining documents and items, including dates and titles; and (2) why the remaining documents and items cannot be produced. C. To the extent the items are not produced based on a claim of privilege, set forth the following information: (i) a description of the document or item; (ii) the author or preparer of the document or item, (iii) the date the document or item was prepared; (iv) the names of the addressee(s) of the document or item; (v) the names of all persons whose names or signatures appear in or on the document; (iv) the names of all persons who have had access or possession of the document or item; and (vii) the present location of each document or item. D. To the extent items responsive to any request are either subject to a protective order prohibiting disclosure or are documents produced by a Defendant in any litigation, in lieu of production, identify each item by source and Bates number. E. You are requested and obliged to supplement your responses to these requests up to and through the trial of this action. F. The term "document(s)" includes every writing and record of every type and description in the possession, custody, control, or within the knowledge of the named Plaintiff and/or his attorneys, employees, agents, investigators or other representatives, including but not limited to letters, correspondence, telegrams, memoranda, notes, reports, calculations, ledgers, recordings, (mechanical, electronic, typed or written), transcripts, drawings, blueprints, charts, maps, graphs, photographs, still or moving picture films, studies, books, pamphlets, schedules, desk calendars, diaries, invoices, work sheets and all drafts of any kind. Additionally, the term "document" means a copy where the original is not in your possession, custody, or control. Where photocopies are utilized, care should be taken to insure that the produced copies clearly include all information contained in the originals, specifically all material surrounding the perimeter edges. G. The use of the singular form of any word includes the plural and vice versa. H. The term "accident" means the incident which forms the basis of this lawsuit. I. The term "identify" requires a statement of all information relative to each document, including but not limited to the title, nature and subject matter, date, author and addressee. J. The term "injury(ies)" means all physical, mental or emotional pains, complaints, conditions, aggravations, symptoms, wounds, contusions, deformities, disfigurements, damages and harm which you contend was caused or contributed to by the accident, unless indicated otherwise. 2 K. The term "person(s)" refers to every individual, partnership, firm, corporation, enterprise, entity, association, employer, employee, agent, investigator, attorney, party, physician, nurse, orderly, aide, therapist, health care provider, pharmacist, accountant, engineer, expert witness, lay witness, photographer, police officer, coroner, ambulance personnel, paramedic, other representative or person in any way connected with the events as alleged in your complaint. L. The terms "you" and "your" include Plaintiff, Sean Thompson, and his attorneys, agents, investigators, and other representatives. M. The term "this Defendant" refers to Defendant Discount Tire Co. ("DT-FL"). N. The term "vehicle" refers to the 2009 Nissan Maxima operated by Plaintiff, Corey McCray, at the time of the subject accident, including all component parts. REQUESTS 1. Please produce all Michael Blaze Bradford's complete cell phone billing statement(s) including call details for the billing period which includes June 1, 2017. 2. Please produce all Warren Michael Bradford's complete cell phone billing statement(s) including call details for the billing period which includes June 1, 2017. 3. Please produce all cell phone(s) in use by Michael Blaze Bradford on June 1, 2017 for inspection and data analysis, including all retained or stored data as to calls and texts as well as other App communications. 4. Please produce all cell phone(s) in use by Warren Michael Bradford on June 1, 2017 for inspection and data analysis, including all retained or stored data as to calls and texts as well as other App communications. 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 19, 2019, I electronically filed the foregoing with the Clerk of the Court using the Florida Courts E-filing Portal, and served a copy by E-mail to: Skip Edward Lynch, Esq., and Bruce R. Kaster, Esq., skip @thetirelawyers.com; brk @ thetirelaw yers.com; josh @thetirelawyers.com; daneen @ th etirelawyers.com Attorneys for Plaintiff Michael J. Wiggins, Esq. and Colby Nicole Ferrus, Esq., mwiggins@mtwlegal.com; e.service@mtwlegal.com, Attorneys for Defendant, Michelin North America, Inc. LOWIS & GELLEN LLP, /s/ Deborah O'Brien Daly DEBORAH O'BRIEN DALY, ESQUIRE Florida Bar Number: 0580651 2170 West State Road 434, Suite 370 Longwood, FL 32779 Telephone: (407) 788-8003 Facsimile: (407) 788-8004 Email: dobrien@lowis-gellen.com Attorneys for Defendant, Discount Tire Co. /s/ Christian K. G. Henrichsen CHRISTIAN K.G. HENRICHSEN, ESQUIRE Arizona Bar Number: 013256 Admitted Pro Hac Vice Discount Tire Company 20225 N. Scottsdale Road Scottsdale, AZ 85255 Telephone: (480) 606-6973 E-mail: chris@dtlitigation.com 4