Preview
Filing # ME E-Filed 03/08/2024 04:32:20 PM
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT
IN AND FOR HENDRY COUNTY, FLORIDA
JOSE PILLADO,
Plaintiff, CASE NO.: 2024-CA-000047
Vv.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
CITIZENS PROPERTY INSURANCE CORPORATION’S FIRST REQUEST FOR
PRODUCTION TO PLAINTIFF
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“Citizens”), by and
through undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.350, hereby serves
this First Request for Production to Plaintiff, Jose Pillado (“Plaintiff”), and states:
INSTRUCTIONS
1 In producing documents requested herein, please produce documents in full,
without abridgement, abbreviation or expurgation of any part.
2 With respect to all documents requested, please segregate such documents in
accordance with the numbered and lettered paragraphs and subparagraphs herein.
3 If a document is called for under more than one request, it should be produced in
response to the first request and a notice appended to it stating the other request(s) to which it is
claimed that such document is responsive.
4 If copies or drafts exist of documents, the production of which has been requested
herein, please produce and submit for inspection and copying each and every copy and draft which
differs in any way from the original document or from any other copy or draft.
5 If a document is not produced on the basis of a claim or privilege or statutory
authority, please identify the type of document and reason for not producing same by stating with
respect to such document:
(a) its author(s),
(b) addressee(s),
(c) date,
(d) type of document,
(c) subject matter,
(f) number of pages,
(g) number of attachments or appendices,
@) all persons to whom shown or explained,
@ the present custodian, and
Electronically Filed Hendry Case # 24000047CAAXMX 03/08/2024 04:32:20 PM.
(k) the factual or legal basis for the claimed privilege or specific statutory authority
which provides the claimed basis for non-production.
6. Ifany document(s) requested herein have been destroyed, or otherwise disposed of,
please identify such document by: author(s), addressee(s), date, type of document, subject matter,
number of pages, number of attachments or appendices, indicated or blind copies, all person(s) to
whom distributed, shown or explained, date of destruction or other disposition, reason for
destruction or other disposition, person(s) authorizing destruction or other disposition, person(s)
destroying or otherwise disposing of document, and if not destroyed, the person(s) in possession
of the document otherwise disposed of.
7
In compiling documents requested herein, you are required by Florida Rules of
Civil Procedure to exercise due diligence in attempting to secure documents requested herein that
are not only in Your custody and possession, but also documents that are within Your control. A
document is deemed to be in Your “control” if you have the right to secure the document or a copy
thereof from another person or public or private entity having actual possession thereof.
8 If any documents requested herein have been placed beyond Your control (a
document is deemed to be in Your control if you have the right to secure the document or a copy
thereof from another person or public or private entity having actual possession thereof), identify
the person(s) or entities with possession or custody, and why.
9. If any documents requested herein are no longer, in Your possession or custody,
state what disposition was made of it, by whom, and the date or dates or approximate date or
dates on which such disposition was made, and why.
DEFINITIONS
1 "Document(s)" or "written communication(s)" is used in the broad and liberal sense
and means written, typed, printed, recorded or graphic matter, however produced or reproduced,
of any kind and description, and whether an original, master, duplicate or copy, including, but not
limited to, accounts, advertisements, agreements, appointment books, bank checks, bills, books,
books of account, bulletins, cablegrams, cancelled checks, cashier's checks, catalogs, charts, check
stubs, communications, computer printouts, contracts, corporate records, correspondence, desk
calendars, diaries, diary entries, drawings, e-mail, graphic records, guarantees, inter-office
communications, intra-office communications, invoices, ledger books, letters, logs, mailgrams,
magazines, manuals, marginal notes (appearing on any document), memoranda, minutes (e.g.,
board of directors, committee), models, motion pictures, notations, notebooks, notes, offers,
pamphlets, papers, photographs, physical objects, plans, printed matter, projections, prospectuses,
publications, receipts, reports, returns, sketches, sound recordings (including, by way of example,
any type of personal or telephone conversation, meeting or conference) specifications, statements,
statistics, studies, summaries, surveys, tape recordings, tapes, telegrams, tele-faxes, teletypes,
transcriptions (including, by way of example, any type of personal or telephone conversation,
meeting or conference), transcripts, video tapes, vouchers, warranties, working papers,
worksheets; and all amendments, changes, drafts, modifications of any of the foregoing, of which
you have knowledge or which are now or were formerly in Your actual or constructive possession,
custody or control. The responses concerning documents requested shall include information
regarding whether such document is an original, a duplicate, or a copy thereof.
2 When used in this request, the term "electronic data" means computerized files and
any non-identical copies (whether non-identical because of notes made on copies or attached
comments, annotations, marks, transmission notations, or highlighting of any kind) of writings of
every kind and description whether inscribed by mechanical, facsimile, electronic, magnetic,
digital, or other means. Electronic data includes, but is not limited to, output resulting from the
use of any software program, including word processing programs such as Microsoft Word,
WordPerfect, Notepad, Wordpad, PowerPoint, MS Excel, MS Access, Adobe Acrobat, Outlook,
spreadsheets, database files (including descriptive information regarding tables, fields and values),
charts, graphs and outlines, electronic mail, photographs, pictures, and any and all miscellaneous
files and/or file fragments, regardless of the media on which they reside and regardless of whether
said electronic data consists in an active file, deleted file or file fragment. Electronic data includes
any and all items stored on computer memories, hard-disks, floppy disks, CD-ROMs, DVDs,
removable media such as Zip disks, thumb drives, digital memory cards and their equivalent,
magnetic tapes of all types, on or in any other vehicle for digital data storage and/or transmittal.
The term electronic data also includes the file, folder tabs and/or containers and labels appended
to, or associated with, any physical storage device associated with each original and/or copy.
3 When used in this request, the term "computer" shall include, but is not limited to,
microchips, personal computers, laptop computers, portable computers, notebook computers,
palmtop computers (also known as personal digital assistants or PDA’s), minicomputers,
mainframe computers, and all other electronic storage devices that store electronic data.
4 "Concern," "concerning," "evidencing," “regard, ” "regarding," "reflecting,"
"relates" or "relates to" shall mean relating to, referring to, connected with, commenting on,
responding to, containing, evidencing, showing, memorializing, describing, analyzing,
comprising, constituting, reflecting, discussing, supporting, contradicting, refuting, embodying,
identifying, pertaining, or in any way logically or factually connected with the matter discussed.
5 Ifan individual, "You" and "Your" shall refer to and include Your agents, attorneys,
experts, investigators, representatives and all others, whether past or present, who have obtained
information for or on behalf of you.
6 The words "and" and "oi shall be construed conjunctively and disjunctively as
necessary to make the request inclusive rather than exclusive.
7 "Identify," or "state the identity of":
(a) When used in reference to a natural person means to please state:
1 His/her full name;
ii. Present or last known business and residence address;
iii. His/her present or last known occupation and position;
iv. His/her present or last known employer or business affiliation;
Vv. His/her occupation or position at the time in question specified in the
particular request.
(b) When used in reference to a "document" means to please state:
1 A description of the type of document (e.g., letter, memorandum, telegram,
etc.);
I. The identity of the person or persons who authored or prepared it;
iit In the case of an agreement or contract, the identity of the parties' signatory;
IV, The identity of the addressee(s), if any, and the recipient(s) of the original
and a copy thereof;
The title thereof, if any, and a description of the general nature of its subject
matter;
Vi The date of the document, or, if none, the approximate date of its
preparation;
vii. The manner of distribution and publication, if any;
viii. The present location or custodian of the original and each copy thereof;
IX, The identity of any persons who can identify it;
Whether such documents contained, enclosed, were attached to or
accompanied by any other documents, and if so, state the identity thereof;
xi. Ifa privilege is claimed, the specific basis therefore.
(©) In lieu of identifying a particular document when such identification is requested,
a copy of such document may, at Your option, be attached to the response to these requests;
provided that any specific information required pursuant to the foregoing definition which
is not fully set forth on the face of such copy of a document must be separately provided
in response to these requests.
8 “Person” shall mean any natural person, firm, corporation, partnership, joint
venture or any other form of business entity.
9. “All” means "any and all"; "any" means "any and all;" "Including" means
"including but not limited to.”
10. Masculine pronouns shall not connote any particular gender but shall be taken to
mean masculine, feminine or neuter gender, as the case may be.
11. "Date" shall mean the exact day, month, and year, if ascertainable, or, if not, the
best approximation thereof (including relationship to other events) but only when, exact date
cannot be supplied. Any approximation should be identified as such.
12. "The subject matter of this lawsuit," as used herein, shall refer to all facts and issues
as set forth in the pleadings, including the Complaint, and any responses thereto.
13. As used herein, “Property” means the residence located at 9035 Lamkin Circle,
Labelle, Florida 33935, the property that is the subject matter of this lawsuit.
14. "Complaint" shall mean the Complaint filed in this case, Jose Pillado v. Citizens
Property Insurance Corporation, Case No. 2024-CA-000047, or if any subsequent amended
complaints have been filed, "Complaint" shall refer to the last amended complaint filed in this
case.
1S. As used herein, "Loss" shall refer to the property loss alleged in the Complaint to
have occurred on or about August 30, 2023.
16. Unless otherwise indicated, this Request for Production covers the period from the
beginning of time through the present day.
17. As used herein, “Plaintiff,” "You,” and “Your” refer to Jose Pillado, the Plaintiff in
this case, and any agent acting on his behalf, including, but not limited to, employees, contractors,
appraisers, and public adjusters
18. As used herein, “Citizens” refers to Citizens Property Insurance Corporation, the
defendant in this case.
LITIGATION HOLD NOTICE AND DUTY TO PRESERVE SOCIAL MEDIA
INFORMATION AND OTHER ELECTRONICALLY STORED INFORMATION
Consider Yourself to hereby be on notice that You and Your attorney have a joint obligation
to immediately protect and preserve potentially relevant electronically stored information (“ESI”),
documents, and tangible things, which in any way relate to this litigation.
With respect to electronic information, ESI includes all information which is electronically,
magnetically, or optically stored on a computer, voice mail, cellphone, and/or on any portable
storage such as CD, DVD, thumb drive, etc. It would include (by way of example, and not as an
exclusive list) emails, as well as word processing documents, spreadsheets, online access data (e.g.
Temporary Internet Files, History, Cookies), back-up, and archival files. All ESI should be
maintained in the forms in which it is ordinarily maintained (i.e. such data should be preserved in
its native format). Your duty to preserve this evidence extends to current and former computers
and other media devices (including personal digital assistants; voice-messaging systems; online
repositories; portable devices and media, such as zip drives, thumb drives, and CDs or floppy
disks; and cell phones). If information exists in both electronic and paper forms, both forms must
be preserved.
Data residing on social media platforms is subject to the same duty to preserve as other types
of ESI. Your duty to preserve is triggered when You reasonably foresee that evidence may be
relevant to issues in this litigation. All evidence in Your “possession, custody, or control” is
subject to the duty to preserve. Evidence generally is considered to be within a party’s “control”
when the party has the legal authority or practical ability to access it.
Based on the above, You are additionally notified that adequate preservation of ESI requires
more than simply refraining from efforts to destroy or dispose of such evidence. You must also
take steps to prevent loss of ESI due to routine operations and must employ proper techniques and
protocols suitable to the protection of ESI. For example, Facebook offers the ability to “Download
Your Info.” With just one click of the mouse, You can download a zip file containing timeline
information, posts, messages, and photos. Twitter users can download all Tweets posted to an
account by requesting a copy of the user’s Twitter “archive.” The foregoing are but two examples
of steps You must take in order to preserve ESI, and by no means constitute the full extent of Your
obligation to preserve social media ESI and ESI generally. Although these self-help methods can
be an excellent start, they do not address all possible data. Therefore, it may be prudent to employ
the assistance of a third-party vendor in order to ensure complete preservation.
Regardless of the method employed, preservation of social media evidence and other ESI is
critically important and the consequences of failing to preserve can be significant. Both You and
Your counsel may be subject to sanctions for a failure to preserve relevant evidence, should a court
determine that You engaged in spoliation of such evidence. Even if You believe certain discovery
requests to which ESI would be responsive are objectionable, Your failure to preserve such ESI
prior to a court ruling on Your objections may subject You and Your counsel to
sanctions. Therefore, You would be well advised to take measures to preserve all ESI pending the
resolution of this litigation, and we urge You to engage the services of an expert in electronic
evidence and computer forensics to ensure that there is no spoliation of evidence. Having been
explicitly put on notice of the desirability of retaining such an expert, Your failure to do so in
conjunction with the loss or destruction of ESI will necessitate the conclusion that such loss or
destruction was Your intent.
REQUESTS FOR PRODUCTION
These Requests seek not just documents and tangible items within Plaintiffs’ immediate
possession, but also those that are within Plaintiffs’ custody, Plaintiffs’ control, or reasonably
available to Plaintiffs, such as documents and tangible items within the possession, custody,
or control of Plaintiff's, agents or representatives, or that may be located and obtained
through a reasonable and diligent search of Plaintiffs records. If Plaintiff does not produce
responsive documents pursuant to a claim of privilege, a privilege log must be provided
containing the information required by Florida Rule of Civil Procedure 1.280(b)(6).
1 Please produce a copy of Your two most recent mortgage statements from each
entity that holds a current mortgage on the Property.
2 Please produce any satisfaction of mortgage or release of mortgage related to the
Property that was drafted or executed since Plaintiff's policy of insurance with Citizens became
effective.
3 Please produce all correspondence in Your possession between You or Your agents
and Citizens.
4 Please produce all correspondence in Your possession between You and Your
agents related to the Loss, excluding any communications between You or Your agents and Your
attorney(s).
5 Please produce all memoranda or notes representing telephone conversations
between You and Citizens.
6. Please produce all invoices, receipts, contracts, statements, bills, canceled checks,
and/or other documentation which supports, refers to, relates to, and/or pertains to the damage
which You allege occurred at Your Property as a result of the alleged Loss.
7
Please produce all documentation memorializing statements of Citizens, its agents,
servants and/or representatives.
8 Please produce all statements of witnesses with knowledge of Plaintiffs allegations
in the Complaint and/or damages to the Property, including but not limited to Your public
adjuster.
9. Please produce all documents, including, but not limited to, invoices and receipts
evidencing the materials purchased to mitigate damages to the Property and/or to fix or repair the
Property after the alleged Loss.
10. Please produce all documents, including but not limited to, invoices and receipts
evidencing repairs You made and/or intend to make in connection with the alleged Loss.
11. Please produce all documents, including but not limited to, invoices and receipts,
evidencing work done by any and all third-parties in relation to this Loss.
12. Please produce all documents between You and any individual referenced in any of
your responses to Interrogatories.
13. Please produce all insurance policies procured by Plaintiff for the Property within
the past ten (10) years.
14. Please produce all documents evidencing money spent in relation to any payments
paid by the insurance carrier and/or received by You for the Loss.
15. Please produce all estimates received by You, prior to You filing suit against
Citizens, from any source regarding the alleged damages claimed in this lawsuit.
16. Please produce all estimates received by You, subsequent to You filing suit against
Citizens, from any source regarding the alleged damages claimed in this lawsuit.
17. Please produce all pictures, videos or depictions in any other media of the damages
relating to the alleged Loss, including, but not limited to, any pictures or videos taken by a public
adjuster or loss consultant.
18. Please produce all pictures, videos or depictions in any other media of the areas you
are claiming damage from the Loss for the five (5) years prior to the alleged date of Loss.
19. Please produce all documentation including, but not limited to, inspection reports,
invoices for repairs, estimates for repairs, and photographs for work, repairs, or enhancements
contemplated or performed to the Property from the date Plaintiffs became owners of the Property
to present day.
20. Please produce all documents evidencing any repair work on the Property that You
yourself performed since You became the owner of the Property up to the present day, including,
but not limited to, purchase receipts and photographs.
21. Please produce all documents relating to or reflecting criticisms of Citizens’ actions
by anyone with regard to the Loss and/or subject matter of this lawsuit.
22. Please produce a complete list of all items claimed to have been lost or damaged as
a result of the Loss, along with dates the items were purchased, and documentation of ownership
including receipts, bills, purchase orders, appraisals, brochures, cancelled checks, and
memoranda.
23. Please produce all documents including, but not limited to, contracts, invoices,
estimates, and/or reports, from any vendors hired by You for any purpose related to the claim that
is the subject of this lawsuit.
24. Please produce all documents including, but not limited to, proof of loss, public
adjuster reports, inspection reports, invoices for repairs, estimates for repairs, and proof of
payment by the insurance company pertaining to any other insurance claims made on the Property
since Plaintiff became owner of the Property, other than this Loss.
25. Please produce all documents reflecting any Assignments of Benefits relating to
damages Plaintiff allege resulted from the Loss.
26. Please produce all documents relating to any liens on the Property within the past
ten (10) years, including any releases of lien.
27. Please produce any and all electronically stored information/content/data
responsive to any of the foregoing requests.
28. Please produce any and all electronically stored information/content/data that
depicts the Property after the Loss occurred, including pictures saved in cloud storage or on social
media.
29. Please produce any and all electronically stored information/content/data that
depicts the Property in the five years prior to the date the Loss, including pictures saved in cloud
storage or on social media.
30. Please produce any color and/or black and white photographs of the roof of the
Property between the time You purchased the Property and August 30, 2023.
31. Please produce any color and/or black and white photographs of the roof of the
Property after August 30, 2023.
32. Please produce all invoices for repairs made to the Property between the time You
purchased the Property and August 30, 2023.
33. Please produce all invoices for repairs made to the Property related to a September
5, 2023 kitchen pipe loss.
CERTIFICATE OF SERVICE
I certify that on the 8" day of March, 2024, I electronically filed the foregoing with the
Florida Courts E-Filing Portal which will send notice of the electronic filing and the foregoing to:
Property Litigation Group, PLLC
2750 SW 145th AVE, Suite 509
Miramar, FL 33027
service@plglawyersfl.com; sscheff@plglawyersfl.com; dmonzon@plglawyersfl.com
GOEDE, DEBOEST & CROSS, PLLC
6/ Lyndsay Fichtenbaum
Lyndsay Fichtenbaum
Florida Bar Number 123568
Harris B. Katz
Florida Bar Number 2331
4800 N. Federal Highway, Suite 307D
Boca Raton, FL 33431
Telephone: (561) 368-9200
Fax: (561) 395-7050
LFichtenbaum@gadclaw.com
BBoltz@gadclaw.com
Preview
Filing # ME E-Filed 03/08/2024 04:32:20 PM IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT IN AND FOR HENDRY COUNTY, FLORIDA JOSE PILLADO, Plaintiff, CASE NO.: 2024-CA-000047 Vv. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / CITIZENS PROPERTY INSURANCE CORPORATION’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“Citizens”), by and through undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.350, hereby serves this First Request for Production to Plaintiff, Jose Pillado (“Plaintiff”), and states: INSTRUCTIONS 1 In producing documents requested herein, please produce documents in full, without abridgement, abbreviation or expurgation of any part. 2 With respect to all documents requested, please segregate such documents in accordance with the numbered and lettered paragraphs and subparagraphs herein. 3 If a document is called for under more than one request, it should be produced in response to the first request and a notice appended to it stating the other request(s) to which it is claimed that such document is responsive. 4 If copies or drafts exist of documents, the production of which has been requested herein, please produce and submit for inspection and copying each and every copy and draft which differs in any way from the original document or from any other copy or draft. 5 If a document is not produced on the basis of a claim or privilege or statutory authority, please identify the type of document and reason for not producing same by stating with respect to such document: (a) its author(s), (b) addressee(s), (c) date, (d) type of document, (c) subject matter, (f) number of pages, (g) number of attachments or appendices, @) all persons to whom shown or explained, @ the present custodian, and Electronically Filed Hendry Case # 24000047CAAXMX 03/08/2024 04:32:20 PM. (k) the factual or legal basis for the claimed privilege or specific statutory authority which provides the claimed basis for non-production. 6. Ifany document(s) requested herein have been destroyed, or otherwise disposed of, please identify such document by: author(s), addressee(s), date, type of document, subject matter, number of pages, number of attachments or appendices, indicated or blind copies, all person(s) to whom distributed, shown or explained, date of destruction or other disposition, reason for destruction or other disposition, person(s) authorizing destruction or other disposition, person(s) destroying or otherwise disposing of document, and if not destroyed, the person(s) in possession of the document otherwise disposed of. 7 In compiling documents requested herein, you are required by Florida Rules of Civil Procedure to exercise due diligence in attempting to secure documents requested herein that are not only in Your custody and possession, but also documents that are within Your control. A document is deemed to be in Your “control” if you have the right to secure the document or a copy thereof from another person or public or private entity having actual possession thereof. 8 If any documents requested herein have been placed beyond Your control (a document is deemed to be in Your control if you have the right to secure the document or a copy thereof from another person or public or private entity having actual possession thereof), identify the person(s) or entities with possession or custody, and why. 9. If any documents requested herein are no longer, in Your possession or custody, state what disposition was made of it, by whom, and the date or dates or approximate date or dates on which such disposition was made, and why. DEFINITIONS 1 "Document(s)" or "written communication(s)" is used in the broad and liberal sense and means written, typed, printed, recorded or graphic matter, however produced or reproduced, of any kind and description, and whether an original, master, duplicate or copy, including, but not limited to, accounts, advertisements, agreements, appointment books, bank checks, bills, books, books of account, bulletins, cablegrams, cancelled checks, cashier's checks, catalogs, charts, check stubs, communications, computer printouts, contracts, corporate records, correspondence, desk calendars, diaries, diary entries, drawings, e-mail, graphic records, guarantees, inter-office communications, intra-office communications, invoices, ledger books, letters, logs, mailgrams, magazines, manuals, marginal notes (appearing on any document), memoranda, minutes (e.g., board of directors, committee), models, motion pictures, notations, notebooks, notes, offers, pamphlets, papers, photographs, physical objects, plans, printed matter, projections, prospectuses, publications, receipts, reports, returns, sketches, sound recordings (including, by way of example, any type of personal or telephone conversation, meeting or conference) specifications, statements, statistics, studies, summaries, surveys, tape recordings, tapes, telegrams, tele-faxes, teletypes, transcriptions (including, by way of example, any type of personal or telephone conversation, meeting or conference), transcripts, video tapes, vouchers, warranties, working papers, worksheets; and all amendments, changes, drafts, modifications of any of the foregoing, of which you have knowledge or which are now or were formerly in Your actual or constructive possession, custody or control. The responses concerning documents requested shall include information regarding whether such document is an original, a duplicate, or a copy thereof. 2 When used in this request, the term "electronic data" means computerized files and any non-identical copies (whether non-identical because of notes made on copies or attached comments, annotations, marks, transmission notations, or highlighting of any kind) of writings of every kind and description whether inscribed by mechanical, facsimile, electronic, magnetic, digital, or other means. Electronic data includes, but is not limited to, output resulting from the use of any software program, including word processing programs such as Microsoft Word, WordPerfect, Notepad, Wordpad, PowerPoint, MS Excel, MS Access, Adobe Acrobat, Outlook, spreadsheets, database files (including descriptive information regarding tables, fields and values), charts, graphs and outlines, electronic mail, photographs, pictures, and any and all miscellaneous files and/or file fragments, regardless of the media on which they reside and regardless of whether said electronic data consists in an active file, deleted file or file fragment. Electronic data includes any and all items stored on computer memories, hard-disks, floppy disks, CD-ROMs, DVDs, removable media such as Zip disks, thumb drives, digital memory cards and their equivalent, magnetic tapes of all types, on or in any other vehicle for digital data storage and/or transmittal. The term electronic data also includes the file, folder tabs and/or containers and labels appended to, or associated with, any physical storage device associated with each original and/or copy. 3 When used in this request, the term "computer" shall include, but is not limited to, microchips, personal computers, laptop computers, portable computers, notebook computers, palmtop computers (also known as personal digital assistants or PDA’s), minicomputers, mainframe computers, and all other electronic storage devices that store electronic data. 4 "Concern," "concerning," "evidencing," “regard, ” "regarding," "reflecting," "relates" or "relates to" shall mean relating to, referring to, connected with, commenting on, responding to, containing, evidencing, showing, memorializing, describing, analyzing, comprising, constituting, reflecting, discussing, supporting, contradicting, refuting, embodying, identifying, pertaining, or in any way logically or factually connected with the matter discussed. 5 Ifan individual, "You" and "Your" shall refer to and include Your agents, attorneys, experts, investigators, representatives and all others, whether past or present, who have obtained information for or on behalf of you. 6 The words "and" and "oi shall be construed conjunctively and disjunctively as necessary to make the request inclusive rather than exclusive. 7 "Identify," or "state the identity of": (a) When used in reference to a natural person means to please state: 1 His/her full name; ii. Present or last known business and residence address; iii. His/her present or last known occupation and position; iv. His/her present or last known employer or business affiliation; Vv. His/her occupation or position at the time in question specified in the particular request. (b) When used in reference to a "document" means to please state: 1 A description of the type of document (e.g., letter, memorandum, telegram, etc.); I. The identity of the person or persons who authored or prepared it; iit In the case of an agreement or contract, the identity of the parties' signatory; IV, The identity of the addressee(s), if any, and the recipient(s) of the original and a copy thereof; The title thereof, if any, and a description of the general nature of its subject matter; Vi The date of the document, or, if none, the approximate date of its preparation; vii. The manner of distribution and publication, if any; viii. The present location or custodian of the original and each copy thereof; IX, The identity of any persons who can identify it; Whether such documents contained, enclosed, were attached to or accompanied by any other documents, and if so, state the identity thereof; xi. Ifa privilege is claimed, the specific basis therefore. (©) In lieu of identifying a particular document when such identification is requested, a copy of such document may, at Your option, be attached to the response to these requests; provided that any specific information required pursuant to the foregoing definition which is not fully set forth on the face of such copy of a document must be separately provided in response to these requests. 8 “Person” shall mean any natural person, firm, corporation, partnership, joint venture or any other form of business entity. 9. “All” means "any and all"; "any" means "any and all;" "Including" means "including but not limited to.” 10. Masculine pronouns shall not connote any particular gender but shall be taken to mean masculine, feminine or neuter gender, as the case may be. 11. "Date" shall mean the exact day, month, and year, if ascertainable, or, if not, the best approximation thereof (including relationship to other events) but only when, exact date cannot be supplied. Any approximation should be identified as such. 12. "The subject matter of this lawsuit," as used herein, shall refer to all facts and issues as set forth in the pleadings, including the Complaint, and any responses thereto. 13. As used herein, “Property” means the residence located at 9035 Lamkin Circle, Labelle, Florida 33935, the property that is the subject matter of this lawsuit. 14. "Complaint" shall mean the Complaint filed in this case, Jose Pillado v. Citizens Property Insurance Corporation, Case No. 2024-CA-000047, or if any subsequent amended complaints have been filed, "Complaint" shall refer to the last amended complaint filed in this case. 1S. As used herein, "Loss" shall refer to the property loss alleged in the Complaint to have occurred on or about August 30, 2023. 16. Unless otherwise indicated, this Request for Production covers the period from the beginning of time through the present day. 17. As used herein, “Plaintiff,” "You,” and “Your” refer to Jose Pillado, the Plaintiff in this case, and any agent acting on his behalf, including, but not limited to, employees, contractors, appraisers, and public adjusters 18. As used herein, “Citizens” refers to Citizens Property Insurance Corporation, the defendant in this case. LITIGATION HOLD NOTICE AND DUTY TO PRESERVE SOCIAL MEDIA INFORMATION AND OTHER ELECTRONICALLY STORED INFORMATION Consider Yourself to hereby be on notice that You and Your attorney have a joint obligation to immediately protect and preserve potentially relevant electronically stored information (“ESI”), documents, and tangible things, which in any way relate to this litigation. With respect to electronic information, ESI includes all information which is electronically, magnetically, or optically stored on a computer, voice mail, cellphone, and/or on any portable storage such as CD, DVD, thumb drive, etc. It would include (by way of example, and not as an exclusive list) emails, as well as word processing documents, spreadsheets, online access data (e.g. Temporary Internet Files, History, Cookies), back-up, and archival files. All ESI should be maintained in the forms in which it is ordinarily maintained (i.e. such data should be preserved in its native format). Your duty to preserve this evidence extends to current and former computers and other media devices (including personal digital assistants; voice-messaging systems; online repositories; portable devices and media, such as zip drives, thumb drives, and CDs or floppy disks; and cell phones). If information exists in both electronic and paper forms, both forms must be preserved. Data residing on social media platforms is subject to the same duty to preserve as other types of ESI. Your duty to preserve is triggered when You reasonably foresee that evidence may be relevant to issues in this litigation. All evidence in Your “possession, custody, or control” is subject to the duty to preserve. Evidence generally is considered to be within a party’s “control” when the party has the legal authority or practical ability to access it. Based on the above, You are additionally notified that adequate preservation of ESI requires more than simply refraining from efforts to destroy or dispose of such evidence. You must also take steps to prevent loss of ESI due to routine operations and must employ proper techniques and protocols suitable to the protection of ESI. For example, Facebook offers the ability to “Download Your Info.” With just one click of the mouse, You can download a zip file containing timeline information, posts, messages, and photos. Twitter users can download all Tweets posted to an account by requesting a copy of the user’s Twitter “archive.” The foregoing are but two examples of steps You must take in order to preserve ESI, and by no means constitute the full extent of Your obligation to preserve social media ESI and ESI generally. Although these self-help methods can be an excellent start, they do not address all possible data. Therefore, it may be prudent to employ the assistance of a third-party vendor in order to ensure complete preservation. Regardless of the method employed, preservation of social media evidence and other ESI is critically important and the consequences of failing to preserve can be significant. Both You and Your counsel may be subject to sanctions for a failure to preserve relevant evidence, should a court determine that You engaged in spoliation of such evidence. Even if You believe certain discovery requests to which ESI would be responsive are objectionable, Your failure to preserve such ESI prior to a court ruling on Your objections may subject You and Your counsel to sanctions. Therefore, You would be well advised to take measures to preserve all ESI pending the resolution of this litigation, and we urge You to engage the services of an expert in electronic evidence and computer forensics to ensure that there is no spoliation of evidence. Having been explicitly put on notice of the desirability of retaining such an expert, Your failure to do so in conjunction with the loss or destruction of ESI will necessitate the conclusion that such loss or destruction was Your intent. REQUESTS FOR PRODUCTION These Requests seek not just documents and tangible items within Plaintiffs’ immediate possession, but also those that are within Plaintiffs’ custody, Plaintiffs’ control, or reasonably available to Plaintiffs, such as documents and tangible items within the possession, custody, or control of Plaintiff's, agents or representatives, or that may be located and obtained through a reasonable and diligent search of Plaintiffs records. If Plaintiff does not produce responsive documents pursuant to a claim of privilege, a privilege log must be provided containing the information required by Florida Rule of Civil Procedure 1.280(b)(6). 1 Please produce a copy of Your two most recent mortgage statements from each entity that holds a current mortgage on the Property. 2 Please produce any satisfaction of mortgage or release of mortgage related to the Property that was drafted or executed since Plaintiff's policy of insurance with Citizens became effective. 3 Please produce all correspondence in Your possession between You or Your agents and Citizens. 4 Please produce all correspondence in Your possession between You and Your agents related to the Loss, excluding any communications between You or Your agents and Your attorney(s). 5 Please produce all memoranda or notes representing telephone conversations between You and Citizens. 6. Please produce all invoices, receipts, contracts, statements, bills, canceled checks, and/or other documentation which supports, refers to, relates to, and/or pertains to the damage which You allege occurred at Your Property as a result of the alleged Loss. 7 Please produce all documentation memorializing statements of Citizens, its agents, servants and/or representatives. 8 Please produce all statements of witnesses with knowledge of Plaintiffs allegations in the Complaint and/or damages to the Property, including but not limited to Your public adjuster. 9. Please produce all documents, including, but not limited to, invoices and receipts evidencing the materials purchased to mitigate damages to the Property and/or to fix or repair the Property after the alleged Loss. 10. Please produce all documents, including but not limited to, invoices and receipts evidencing repairs You made and/or intend to make in connection with the alleged Loss. 11. Please produce all documents, including but not limited to, invoices and receipts, evidencing work done by any and all third-parties in relation to this Loss. 12. Please produce all documents between You and any individual referenced in any of your responses to Interrogatories. 13. Please produce all insurance policies procured by Plaintiff for the Property within the past ten (10) years. 14. Please produce all documents evidencing money spent in relation to any payments paid by the insurance carrier and/or received by You for the Loss. 15. Please produce all estimates received by You, prior to You filing suit against Citizens, from any source regarding the alleged damages claimed in this lawsuit. 16. Please produce all estimates received by You, subsequent to You filing suit against Citizens, from any source regarding the alleged damages claimed in this lawsuit. 17. Please produce all pictures, videos or depictions in any other media of the damages relating to the alleged Loss, including, but not limited to, any pictures or videos taken by a public adjuster or loss consultant. 18. Please produce all pictures, videos or depictions in any other media of the areas you are claiming damage from the Loss for the five (5) years prior to the alleged date of Loss. 19. Please produce all documentation including, but not limited to, inspection reports, invoices for repairs, estimates for repairs, and photographs for work, repairs, or enhancements contemplated or performed to the Property from the date Plaintiffs became owners of the Property to present day. 20. Please produce all documents evidencing any repair work on the Property that You yourself performed since You became the owner of the Property up to the present day, including, but not limited to, purchase receipts and photographs. 21. Please produce all documents relating to or reflecting criticisms of Citizens’ actions by anyone with regard to the Loss and/or subject matter of this lawsuit. 22. Please produce a complete list of all items claimed to have been lost or damaged as a result of the Loss, along with dates the items were purchased, and documentation of ownership including receipts, bills, purchase orders, appraisals, brochures, cancelled checks, and memoranda. 23. Please produce all documents including, but not limited to, contracts, invoices, estimates, and/or reports, from any vendors hired by You for any purpose related to the claim that is the subject of this lawsuit. 24. Please produce all documents including, but not limited to, proof of loss, public adjuster reports, inspection reports, invoices for repairs, estimates for repairs, and proof of payment by the insurance company pertaining to any other insurance claims made on the Property since Plaintiff became owner of the Property, other than this Loss. 25. Please produce all documents reflecting any Assignments of Benefits relating to damages Plaintiff allege resulted from the Loss. 26. Please produce all documents relating to any liens on the Property within the past ten (10) years, including any releases of lien. 27. Please produce any and all electronically stored information/content/data responsive to any of the foregoing requests. 28. Please produce any and all electronically stored information/content/data that depicts the Property after the Loss occurred, including pictures saved in cloud storage or on social media. 29. Please produce any and all electronically stored information/content/data that depicts the Property in the five years prior to the date the Loss, including pictures saved in cloud storage or on social media. 30. Please produce any color and/or black and white photographs of the roof of the Property between the time You purchased the Property and August 30, 2023. 31. Please produce any color and/or black and white photographs of the roof of the Property after August 30, 2023. 32. Please produce all invoices for repairs made to the Property between the time You purchased the Property and August 30, 2023. 33. Please produce all invoices for repairs made to the Property related to a September 5, 2023 kitchen pipe loss. CERTIFICATE OF SERVICE I certify that on the 8" day of March, 2024, I electronically filed the foregoing with the Florida Courts E-Filing Portal which will send notice of the electronic filing and the foregoing to: Property Litigation Group, PLLC 2750 SW 145th AVE, Suite 509 Miramar, FL 33027 service@plglawyersfl.com; sscheff@plglawyersfl.com; dmonzon@plglawyersfl.com GOEDE, DEBOEST & CROSS, PLLC 6/ Lyndsay Fichtenbaum Lyndsay Fichtenbaum Florida Bar Number 123568 Harris B. Katz Florida Bar Number 2331 4800 N. Federal Highway, Suite 307D Boca Raton, FL 33431 Telephone: (561) 368-9200 Fax: (561) 395-7050 LFichtenbaum@gadclaw.com BBoltz@gadclaw.com