Preview
Filing # 190659723 E-Filed 01/26/2024 04:44:50 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
LUIS ANTONIO DAVILA, OSCEOLA COUNTY, FLORIDA
Plaintiff, Case No. 2023 CA 001120
v.
RALPH JACQUES AND HOME DEPOT
USA, INC.,
Defendant.
________________________________/
DEFENDANT, HOME DEPOT USA INC.’S MOTION TO COMPEL BETTER
RESPONSES TO ITS FIRST REQUEST TO PRODUCE
COMES NOW Defendant, HOME DEPOT USA INC., (hereinafter referred to as
“Defendant HOME DEPOT” or as “Defendant”), by and through its undersigned counsel,
and pursuant to Rule 1.380 of the Florida Rules of Civil Procedure, files this Motion to
Compel Better Responses to Defendant’s First Request to Produce, and, in support
thereof, would state as follows:
1. On March 20, 2023, the Plaintiff commenced this action by filing his
Complaint. On June 6, 2023, the Plaintiff filed an Amended Complaint.
2. This action is purportedly governed by Florida law and pertains to
damages sought in connection with a motor vehicle collision, which occurred on
November 16, 2022.
3. On June 27, 2023, Defendant HOME DEPOT, propounded its Initial
Request to Produce to the Plaintiff, as well as its First Request for Admissions, copies
of which are attached hereto as Defendant’s Composite Exhibit A.
4. On August 4, 2023, Plaintiff propounded upon the Defendants its
Responses to the above referenced Request to Produce and Request for Admissions,
copies of which are attached hereto as Defendant’s Composite Exhibit B.
5. As this Court will note, The Plaintiff’s Answers to the Defendant’s Request
to Produce are the exact same Responses to its initial Request for Admissions and are
non-responsive. In fact, none of the Plaintiff’s responses address or answer any of the
Requests within the Defendant’s First Request to Produce.
6. As this Court is aware, the scope of discovery under the Florida Rules of
Civil Procedure is liberal. Rule 1.280(b)(1), provides:
(b) Scope of Discovery. Unless otherwise limited by order of the
court in accordance with these rules, the scope of discovery is as follows:
(1) In General. Parties may obtain discovery regarding any matter, not
privileged, that is relevant to the subject matter of the pending action,
whether it relates to the claim or defense of the party seeking
discovery or the claim or defense of any other party, including the
existence, description, nature, custody, condition, and location of any
books, documents, or other tangible things and the identity and
location of persons having knowledge of any discoverable matter. It
is not ground for objection that the information sought will be
inadmissible at the trial if the information sought appears reasonably
calculated to lead to the discovery of admissible evidence.
7. This is a personal injury action seeking to recover damages as the result
of an incident which occurred on November 16, 2022 and the information sought in
Defendant’s discovery requests are relevant to the nature and extent of the damages
sought by Plaintiff.
8. The above referenced discovery requests seek relevant, discoverable
information which is not privileged, however, to date the Plaintiff has not yet served
complete responses.
2
9. The responses filed by the Plaintiff are insufficient and provides the
Defendants with no meaningful information regarding the claims being made against
them.
10. This Defendant has the right to know the specifics of the claims being
asserted against them. The discovery requests do not seek material protected by work
product, but simply requests information that will apprise the Defendants of the claims
being made against them.
11. The Request to Produce propounded by this Defendant seeks relevant,
discoverable information which is not privileged, however, to date the Plaintiff has not
yet served answers to said discovery. Plaintiff has failed to comply with Florida Rule of
Civil Procedure 1.350 by failing to respond to the foregoing discovery in a timely
manner, or file any objections thereto, and as a result, this Defendant would submit that
any objections to said discovery that Plaintiff may have considered raising have been
waived by the Plaintiff.
12. Defendant, HOME DEPOT, is entitled to verified answers to said
Interrogatories and documents in response to the Requests for Production from Plaintiff
in order to properly evaluate this cause and to adequately prepare and conduct the
defense of this case.
13. Defendant, HOME DEPOT, would further state that it would be prejudiced if
Plaintiff is allowed to avoid responses to its Request to Produce and thereby avoid his
respective obligation to comply with discovery as contemplated and mandated by the
applicable Florida Rules of Civil Procedure.
3
14. Pursuant to local rules, the undersigned counsel for this Defendant has or
will contact Plaintiff’s counsel prior to scheduling this Motion to Compel for a hearing
before this Honorable Court, to make a good faith effort to resolve this matter without
judicial involvement.
WHEREFORE, Defendant, HOME DEPOT USA INC., respectfully requests that
this Court enter an Order compelling the Plaintiff to provide responses to the
Defendant’s First Request to Produce, dated June 23, 2023 propounded by Defendant,
HOME DEPOT, to the Plaintiff, and to enter an Order that awards this Defendant its
attorney's fees and costs in connection with bringing this motion, and for such other
relief as this Court may deem appropriate under the circumstances.
4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of the
Court by using the eFiling Portal, and that a copy was served via Electronic Mail on the
26th day of January, 2024 to Counsel for Plaintiff: Manuel Stefan, Esquire, Morgan &
Morgan, P.A., 4495 South Semoran Blvd., Orlando, FL 32822;
MStefan@forthepeople.com and cvictor@forthepeople.com.
/s/ Raisul A. Bhuiyan
JEFFREY M. THOMPSON, ESQUIRE
Florida Bar No.: 000892
RAISUL A. BHUIYAN, ESQUIRE
Florida Bar No.: 1025926
Alvarez, Thompson & Smoak, P.A.
P.O. Box 3511
Orlando, FL 32802-3511
Telephone No.: (407) 210-2796
Facsimile No.: (407) 210-2795
Designated Email Addresses:
jmt@atslawyers.com; rbhuiyan@atslawyers.com;
thill@atslawyers.com; jasenjo@atslawyers.com;
biglesias@atslawyers.com
5
Filing # 176193414 E-Filed 06/27/2023 09:36:29 AM EXHIBIT A
IN THE CIRCUIT COURT, NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2023-CA-001120-AN
LUIS ANTONIO DAVILA,
Plaintiff,
v.
RALPH JACQUES and
HOME DEPOT USA, INC.,
Defendants.
/
DEFENDANT, HOME DEPOT USA, INC.’S,
FIRST REQUEST TO PRODUCE TO PLAINTIFF
Defendant, HOME DEPOT USA, INC., pursuant to Florida Rule of Civil Procedure
1.350, requests that Plaintiff, LUIS ANTONIO DAVILA, produce and permit Defendant to
inspect and photograph the following:
1. A photocopy of the front and back of your current health insurance card.
2. Cancelled checks and receipts for any expenses incurred by you as a result of this
accident.
3. Copies of any documents reflecting any claim you have made in the past for
personal injury, wages or other compensation, whether a lawsuit, written demand or for worker's
compensation or Social Security benefits.
4. A photocopy of any health insurance policies or records in your possession for the
last seven years, or if unavailable, the name and address of any company who has custody of
such documents.
EXHIBIT A
Case No.: 2023-CA-001120-AN
Page 2
5. A photocopy of any life insurance applications or other paperwork regarding
applications or policies in the last seven years, or if unavailable, the name and address of any
company who has custody of such documents.
6. Copies of any disability insurance applications or other paperwork regarding
applications or policies in the last 7 years, or if unavailable, the name and address of any
company who has custody of such documents.
7. Copy of all pages of your passport.
8. Copy or membership number of any frequent flyer program you have been
involved in for the last 5 years.
9. Copies of any statements of any defendant or employee or agent of any defendant.
10. Copies of any statements of any witnesses; or the name, address and identity,
including date statement was taken, of any witnesses.
11. Any and all photographs, films or videotapes in your possession which depict or
purport to depict the scene of the subject incident, any aspect of the subject incident scene in this
case. (Defendant will pay reasonable cost for 2 reprints.)
12. Any and all photographs, films or videotapes in your possession which depict or
purport to depict the property damage to Plaintiff's vehicle.
13. Any and all photographs, films or videotapes in your possession which depict or
purport to depict the property damage to Defendant's vehicle.
14. Any and all photographs, films or videotapes in your possession which depict or
purport to depict the property damage to any and all vehicles involved in the subject accident.
EXHIBIT A
Case No.: 2023-CA-001120-AN
Page 3
15. Any and all photographs, films or videotapes in your possession which depict or
purport to depict any aspect of Plaintiff's injuries herein. (Defendant will pay reasonable cost of
2 reprints.)
16. Any and all medical records, hospital records, chiropractic records, osteopathic
records, psychologist records, psychiatrist records, records from drug and/or alcohol programs,
faith healers records, x-ray reports, test results, MRI scan reports, CT scan reports, nurses notes,
physical therapy records, including copies of any radiographic materials such as x-ray films, CT
films, MRI films which relate to or concern the Plaintiff's injuries alleged in the Complaint as a
result of the subject incident.
17. Any and all medical bills, receipts or invoices which you contend support or tend
to support your damage claims in this case arising from the subject incident.
18. Any and all documents, articles, writings, correspondence, recordings or
memoranda which you contend support or tend to support any allegation set forth in the
Complaint.
19. Any and all written reports from any expert witness or consultant retained by the
Plaintiff.
20. Any and all Income Tax returns and W-2 forms from the present time back 5
years.
21. Copy of the Driver's License of the Plaintiff.
22. Copy of the Social Security card of the Plaintiff.
23. Any and all Marriage Licenses of Plaintiff.
24. Copy of the Birth Certificate of the Plaintiff.
EXHIBIT A
Case No.: 2023-CA-001120-AN
Page 4
25. Any and all accident or incident reports generated from any prior accidents which
the Plaintiff was involved in prior to the subject incident, including any prior automobile
accidents or other accidents or incidents.
26. Any and all accident or incident reports generated from any accidents which the
Plaintiff was involved in subsequent to the subject incident, including any automobile accidents,
or other accidents or incidents.
27. Any and all reports and records of any physicians for any treatment to the Plaintiff
as a result of the subject incident.
28. Any and all reports and records of any physician for any treatment to the Plaintiff
for 7 years prior to the subject incident.
29. Any and all hospital records, nurses' notes, doctors' notes, progress notes,
radiology reports, MRI films, x-rays, and MRI reports, and medical bills for any accidents in
which the Plaintiff was involved in prior to the subject incident.
30. Any and all hospital records, nurses' notes, doctors' notes, progress notes,
radiology reports, MRI films, x-rays, and MRI reports and medical bills for any accidents in
which the Plaintiffs was involved in subsequent to the subject incident.
31. Any and all records supporting a claim for lost wages as a result of the subject
incident.
32. Any and all current insurance policies, whether health, disability, life or other.
33. PIP payout sheet, and any and all proof of payments made on behalf of Plaintiff,
drafts and any evidence pertaining to paid or payables by the Plaintiff pursuant to their PIP
policy of insurance.
EXHIBIT A
Case No.: 2023-CA-001120-AN
Page 5
34. Copies of any "Mary Carter" agreements, loan receipt agreements, settlement
agreements, releases, or covenants not to sue, entered into by you, or on your behalf, with any
other Defendant, person, firm or corporation, whom you contend may have some liability
exposure to the incident of which you complain.
35. Copies of any and all damage, repair estimates of the Plaintiff's automobile in the
subject accident.
36. Copies of any documents which relate in any way to prior accidents or claims,
including prior demand letters, prior claim letters, prior lawsuits, depositions given or taken,
prior injuries, prior settlements, prior medical records or opinions as to permanent impairments,
prior PIP applications.
37. A signed and executed copy of Social Security Earning Information Form SSA-7050-
F4, attached as exhibit “A”.
38. A signed and executed copy of Social Security Consent for Release of Information,
Form SSA-3288, attached as exhibit “B”.
39. A signed and executed copy of Internal Revenue Service authorization form 4506-T,
attached as exhibit “C”.
40. Any materials you intend to use at trial to impeach the parties, their witnesses or
experts, including impeachment material as set forth in and Northup v. Acken, 865 So.2d 1267
(Fla. 2004).
41. Copies of any and all impeachment materials, including but limited to, prior
depositions, trial transcripts, or other sworn testimony, articles, textbooks, or other writings, or
any other impeachment material not listed above, concerning Defendants’ expert witnesses that
you intend to use at deposition and/or trial.
EXHIBIT A
Case No.: 2023-CA-001120-AN
Page 6
42. A copy of any and all reports or updated reports prepared for the Plaintiff by
Plaintiff’s experts, including but not limited to the following:
a. Any and all reports (preliminary, final or otherwise), rough drafts,
work sheets and materials in any manner connected with the opinions or
conclusions reached concerning the subject matter of his/her expert opinion.
b. Any and all materials considered, consulted, and used as a basis or
predicate for opinions and conclusions, including but not limited to, published
articles, data or documents furnished by the party engaging services.
c. All computations, calculations and formulas considered, utilized,
produced or in any manner connected with opinions or conclusions.
It is hereby requested that the aforesaid production of copies be made and sent to the
offices of LUKS, SANTANIELLO, PETRILLO, COHEN & PETRFRIEND. If plaintiff offers
to make such documents available for inspection only, it is hereby requested that copies be
provided to undersigned counsel and we will reimburse all reasonable or actual charges
associated with said copies.
EXHIBIT A
Case No.: 2023-CA-001120-AN
Page 7
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via Electronic Mail, to all counsel of record on the attached Service List, this 27th day of June,
2023.
LUKS, SANTANIELLO, PETRILLO, COHEN
& PETERFRIEND
Attorneys for Defendants
201 S ORANGE AVENUE
SUITE 400
ORLANDO, FL 32801
Telephone: (407) 540-9170
Facsimile: (407) 540-9171
By: /s/ Michael A. Kerwin_____________
Michael A. Kerwin
Florida Bar No.: 102697
LUKSORL-Pleadings@LS-Law.com
EXHIBIT A
Case No.: 2023-CA-001120-AN
Page 8
SERVICE LIST
Manuel "Manny" Stefan, Esquire, Morgan & Morgan, P.A., 4495 South Semoran Boulevard,
Orlando, Florida, 32822 (MStefan@forthepeople.com; cvictor@forthepeople.com)
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
Filing # 176193414 E-Filed 06/27/2023 09:36:29 AM EXHIBIT A
IN THE CIRCUIT COURT, NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2023-CA-001120-AN
LUIS ANTONIO DAVILA,
Plaintiff,
v.
RALPH JACQUES and
HOME DEPOT USA, INC.,
Defendants.
/
DEFENDANT, HOME DEPOT USA, INC.’S,
FIRST REQUEST FOR ADMISSIONS TO PLAINTIFF
Defendant, HOME DEPOT USA. INC., pursuant to Florida Rule of Civil Procedure
1.370, requests that Plaintiff admit or deny the following assertions of fact:
1. Plaintiff has not sustained an injury as a result of the subject accident.
2. Plaintiff has not sustained a permanent injury as a result of the subject accident.
3. Plaintiff has not sustained any lost wages as a result of the subject accident.
4. Plaintiff is not making a wage loss claim as a result of the subject accident.
5. Plaintiff is not making a claim for loss of future earning capacity as a result of the
subject accident.
6. The Defendant's insurer previously settled the property damage claim.
7. Defendant satisfied Plaintiff's property damage claims.
8. Plaintiff has not sustained any out-of-pocket medical expenses in connection with
the subject accident.
EXHIBIT A
Case No.: 2023-CA-001120-AN
Page 2
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via Electronic Mail, to all counsel of record on the attached Service List, this 27th day of June,
2023.
LUKS, SANTANIELLO, PETRILLO, COHEN
& PETERFRIEND
Attorneys for Defendants
201 S ORANGE AVENUE
SUITE 400
ORLANDO, FL 32801
Telephone: (407) 540-9170
Facsimile: (407) 540-9171
By: /s/ Michael A. Kerwin_____________
Michael A. Kerwin
Florida Bar No.: 102697
LUKSORL-Pleadings@LS-Law.com
SERVICE LIST
Manuel "Manny" Stefan, Esquire, Morgan & Morgan, P.A., 4495 South Semoran Boulevard,
Orlando, Florida, 32822 (MStefan@forthepeople.com; cvictor@forthepeople.com)
Filing # 178950453 E-Filed 08/04/2023 12:16:01 PM EXHIBIT B
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2023-CA-001120-AN
LUIS ANTONIO DAVILA,
Plaintiff,
-v-
RALPH JACQUES AND HOME
DEPOT USA, INC.,
Defendants.
_____________________________/
PLAINTIFF’S RESPONSE TO REQUEST TO PRODUCE
Plaintiff, LUIS ANTONIO DAVILA by and through the undersigned attorney, responds to
the Request for Admissions of the Defendant, HOME DEPOT USA, INC., served on June 27. 2023,
as follows:
1. Plaintiff has not sustained an injury as a result of the subject accident.
RESPONSE: Denied.
2. Plaintiff has not sustained a permanent injury as a result of the subject accident.
RESPONSE: Denied.
3. Plaintiff has not sustained any lost wages as a result of the subject accident.
RESPONSE: Denied.
4. Plaintiff is not making a wage loss claim as a result of the subject accident.
RESPONSE: Denied.
5. Plaintiff is not making a claim for loss of future earning capacity as a result of the subject
accident.
EXHIBIT B
RESPONSE: Denied.
6. The Defendant's insurer previously settled the property damage claim.
RESPONSE: Admitted.
7. Defendant satisfied Plaintiff's property damage claims.
RESPONSE: Admitted.
8. Plaintiff has not sustained any out-of-pocket medical expenses in connection with the subject
accident.
RESPONSE: Denied.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished,
by email, this 4th day of August, 2023 to: M i c h a e l A . K e r w i n , e s q u i r e , L u k s ,
Santaniello, Petrillo, Cohen & Peterfriend, 201 S. orange Avenue,
Suite 400, Orlando, FL 32801 (LUKSORL -Pleadings@LS-Law.com
s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: cvictor@forthepeople.com
Attorney for Plaintiff
Filing # 178952231 E-Filed 08/04/2023 12:30:15 PM EXHIBIT B
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2023-CA-001120-AN
LUIS ANTONIO DAVILA,
Plaintiff,
-v-
RALPH JACQUES AND HOME
DEPOT USA, INC.,
Defendants.
_____________________________/
PLAINTIFF’S RESPONSE TO REQUEST FOR ADMISSIONS
Plaintiff, LUIS ANTONIO DAVILA by and through the undersigned attorney, responds to
the Request for Admissions of the Defendant, HOME DEPOT USA, INC., served on June 27. 2023,
as follows:
1. Plaintiff has not sustained an injury as a result of the subject accident.
RESPONSE: Denied.
2. Plaintiff has not sustained a permanent injury as a result of the subject accident.
RESPONSE: Denied.
3. Plaintiff has not sustained any lost wages as a result of the subject accident.
RESPONSE: Denied.
4. Plaintiff is not making a wage loss claim as a result of the subject accident.
RESPONSE: Denied.
5. Plaintiff is not making a claim for loss of future earning capacity as a result of the subject
accident.
EXHIBIT B
RESPONSE: Denied.
6. The Defendant's insurer previously settled the property damage claim.
RESPONSE: Admitted.
7. Defendant satisfied Plaintiff's property damage claims.
RESPONSE: Admitted.
8. Plaintiff has not sustained any out-of-pocket medical expenses in connection with the subject
accident.
RESPONSE: Denied.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished,
by email, this 4th day of August, 2023 to: M i c h a e l A . K e r w i n , e s q u i r e , L u k s ,
Santaniello, Petrillo, Cohen & Peterfriend, 201 S. orange Avenue,
Suite 400, Orlando, FL 32801 (LUKSORL -Pleadings@LS-Law.com
s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: cvictor@forthepeople.com
Attorney for Plaintiff
Preview
Filing # 190659723 E-Filed 01/26/2024 04:44:50 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR LUIS ANTONIO DAVILA, OSCEOLA COUNTY, FLORIDA Plaintiff, Case No. 2023 CA 001120 v. RALPH JACQUES AND HOME DEPOT USA, INC., Defendant. ________________________________/ DEFENDANT, HOME DEPOT USA INC.’S MOTION TO COMPEL BETTER RESPONSES TO ITS FIRST REQUEST TO PRODUCE COMES NOW Defendant, HOME DEPOT USA INC., (hereinafter referred to as “Defendant HOME DEPOT” or as “Defendant”), by and through its undersigned counsel, and pursuant to Rule 1.380 of the Florida Rules of Civil Procedure, files this Motion to Compel Better Responses to Defendant’s First Request to Produce, and, in support thereof, would state as follows: 1. On March 20, 2023, the Plaintiff commenced this action by filing his Complaint. On June 6, 2023, the Plaintiff filed an Amended Complaint. 2. This action is purportedly governed by Florida law and pertains to damages sought in connection with a motor vehicle collision, which occurred on November 16, 2022. 3. On June 27, 2023, Defendant HOME DEPOT, propounded its Initial Request to Produce to the Plaintiff, as well as its First Request for Admissions, copies of which are attached hereto as Defendant’s Composite Exhibit A. 4. On August 4, 2023, Plaintiff propounded upon the Defendants its Responses to the above referenced Request to Produce and Request for Admissions, copies of which are attached hereto as Defendant’s Composite Exhibit B. 5. As this Court will note, The Plaintiff’s Answers to the Defendant’s Request to Produce are the exact same Responses to its initial Request for Admissions and are non-responsive. In fact, none of the Plaintiff’s responses address or answer any of the Requests within the Defendant’s First Request to Produce. 6. As this Court is aware, the scope of discovery under the Florida Rules of Civil Procedure is liberal. Rule 1.280(b)(1), provides: (b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: (1) In General. Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. 7. This is a personal injury action seeking to recover damages as the result of an incident which occurred on November 16, 2022 and the information sought in Defendant’s discovery requests are relevant to the nature and extent of the damages sought by Plaintiff. 8. The above referenced discovery requests seek relevant, discoverable information which is not privileged, however, to date the Plaintiff has not yet served complete responses. 2 9. The responses filed by the Plaintiff are insufficient and provides the Defendants with no meaningful information regarding the claims being made against them. 10. This Defendant has the right to know the specifics of the claims being asserted against them. The discovery requests do not seek material protected by work product, but simply requests information that will apprise the Defendants of the claims being made against them. 11. The Request to Produce propounded by this Defendant seeks relevant, discoverable information which is not privileged, however, to date the Plaintiff has not yet served answers to said discovery. Plaintiff has failed to comply with Florida Rule of Civil Procedure 1.350 by failing to respond to the foregoing discovery in a timely manner, or file any objections thereto, and as a result, this Defendant would submit that any objections to said discovery that Plaintiff may have considered raising have been waived by the Plaintiff. 12. Defendant, HOME DEPOT, is entitled to verified answers to said Interrogatories and documents in response to the Requests for Production from Plaintiff in order to properly evaluate this cause and to adequately prepare and conduct the defense of this case. 13. Defendant, HOME DEPOT, would further state that it would be prejudiced if Plaintiff is allowed to avoid responses to its Request to Produce and thereby avoid his respective obligation to comply with discovery as contemplated and mandated by the applicable Florida Rules of Civil Procedure. 3 14. Pursuant to local rules, the undersigned counsel for this Defendant has or will contact Plaintiff’s counsel prior to scheduling this Motion to Compel for a hearing before this Honorable Court, to make a good faith effort to resolve this matter without judicial involvement. WHEREFORE, Defendant, HOME DEPOT USA INC., respectfully requests that this Court enter an Order compelling the Plaintiff to provide responses to the Defendant’s First Request to Produce, dated June 23, 2023 propounded by Defendant, HOME DEPOT, to the Plaintiff, and to enter an Order that awards this Defendant its attorney's fees and costs in connection with bringing this motion, and for such other relief as this Court may deem appropriate under the circumstances. 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of the Court by using the eFiling Portal, and that a copy was served via Electronic Mail on the 26th day of January, 2024 to Counsel for Plaintiff: Manuel Stefan, Esquire, Morgan & Morgan, P.A., 4495 South Semoran Blvd., Orlando, FL 32822; MStefan@forthepeople.com and cvictor@forthepeople.com. /s/ Raisul A. Bhuiyan JEFFREY M. THOMPSON, ESQUIRE Florida Bar No.: 000892 RAISUL A. BHUIYAN, ESQUIRE Florida Bar No.: 1025926 Alvarez, Thompson & Smoak, P.A. P.O. Box 3511 Orlando, FL 32802-3511 Telephone No.: (407) 210-2796 Facsimile No.: (407) 210-2795 Designated Email Addresses: jmt@atslawyers.com; rbhuiyan@atslawyers.com; thill@atslawyers.com; jasenjo@atslawyers.com; biglesias@atslawyers.com 5 Filing # 176193414 E-Filed 06/27/2023 09:36:29 AM EXHIBIT A IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2023-CA-001120-AN LUIS ANTONIO DAVILA, Plaintiff, v. RALPH JACQUES and HOME DEPOT USA, INC., Defendants. / DEFENDANT, HOME DEPOT USA, INC.’S, FIRST REQUEST TO PRODUCE TO PLAINTIFF Defendant, HOME DEPOT USA, INC., pursuant to Florida Rule of Civil Procedure 1.350, requests that Plaintiff, LUIS ANTONIO DAVILA, produce and permit Defendant to inspect and photograph the following: 1. A photocopy of the front and back of your current health insurance card. 2. Cancelled checks and receipts for any expenses incurred by you as a result of this accident. 3. Copies of any documents reflecting any claim you have made in the past for personal injury, wages or other compensation, whether a lawsuit, written demand or for worker's compensation or Social Security benefits. 4. A photocopy of any health insurance policies or records in your possession for the last seven years, or if unavailable, the name and address of any company who has custody of such documents. EXHIBIT A Case No.: 2023-CA-001120-AN Page 2 5. A photocopy of any life insurance applications or other paperwork regarding applications or policies in the last seven years, or if unavailable, the name and address of any company who has custody of such documents. 6. Copies of any disability insurance applications or other paperwork regarding applications or policies in the last 7 years, or if unavailable, the name and address of any company who has custody of such documents. 7. Copy of all pages of your passport. 8. Copy or membership number of any frequent flyer program you have been involved in for the last 5 years. 9. Copies of any statements of any defendant or employee or agent of any defendant. 10. Copies of any statements of any witnesses; or the name, address and identity, including date statement was taken, of any witnesses. 11. Any and all photographs, films or videotapes in your possession which depict or purport to depict the scene of the subject incident, any aspect of the subject incident scene in this case. (Defendant will pay reasonable cost for 2 reprints.) 12. Any and all photographs, films or videotapes in your possession which depict or purport to depict the property damage to Plaintiff's vehicle. 13. Any and all photographs, films or videotapes in your possession which depict or purport to depict the property damage to Defendant's vehicle. 14. Any and all photographs, films or videotapes in your possession which depict or purport to depict the property damage to any and all vehicles involved in the subject accident. EXHIBIT A Case No.: 2023-CA-001120-AN Page 3 15. Any and all photographs, films or videotapes in your possession which depict or purport to depict any aspect of Plaintiff's injuries herein. (Defendant will pay reasonable cost of 2 reprints.) 16. Any and all medical records, hospital records, chiropractic records, osteopathic records, psychologist records, psychiatrist records, records from drug and/or alcohol programs, faith healers records, x-ray reports, test results, MRI scan reports, CT scan reports, nurses notes, physical therapy records, including copies of any radiographic materials such as x-ray films, CT films, MRI films which relate to or concern the Plaintiff's injuries alleged in the Complaint as a result of the subject incident. 17. Any and all medical bills, receipts or invoices which you contend support or tend to support your damage claims in this case arising from the subject incident. 18. Any and all documents, articles, writings, correspondence, recordings or memoranda which you contend support or tend to support any allegation set forth in the Complaint. 19. Any and all written reports from any expert witness or consultant retained by the Plaintiff. 20. Any and all Income Tax returns and W-2 forms from the present time back 5 years. 21. Copy of the Driver's License of the Plaintiff. 22. Copy of the Social Security card of the Plaintiff. 23. Any and all Marriage Licenses of Plaintiff. 24. Copy of the Birth Certificate of the Plaintiff. EXHIBIT A Case No.: 2023-CA-001120-AN Page 4 25. Any and all accident or incident reports generated from any prior accidents which the Plaintiff was involved in prior to the subject incident, including any prior automobile accidents or other accidents or incidents. 26. Any and all accident or incident reports generated from any accidents which the Plaintiff was involved in subsequent to the subject incident, including any automobile accidents, or other accidents or incidents. 27. Any and all reports and records of any physicians for any treatment to the Plaintiff as a result of the subject incident. 28. Any and all reports and records of any physician for any treatment to the Plaintiff for 7 years prior to the subject incident. 29. Any and all hospital records, nurses' notes, doctors' notes, progress notes, radiology reports, MRI films, x-rays, and MRI reports, and medical bills for any accidents in which the Plaintiff was involved in prior to the subject incident. 30. Any and all hospital records, nurses' notes, doctors' notes, progress notes, radiology reports, MRI films, x-rays, and MRI reports and medical bills for any accidents in which the Plaintiffs was involved in subsequent to the subject incident. 31. Any and all records supporting a claim for lost wages as a result of the subject incident. 32. Any and all current insurance policies, whether health, disability, life or other. 33. PIP payout sheet, and any and all proof of payments made on behalf of Plaintiff, drafts and any evidence pertaining to paid or payables by the Plaintiff pursuant to their PIP policy of insurance. EXHIBIT A Case No.: 2023-CA-001120-AN Page 5 34. Copies of any "Mary Carter" agreements, loan receipt agreements, settlement agreements, releases, or covenants not to sue, entered into by you, or on your behalf, with any other Defendant, person, firm or corporation, whom you contend may have some liability exposure to the incident of which you complain. 35. Copies of any and all damage, repair estimates of the Plaintiff's automobile in the subject accident. 36. Copies of any documents which relate in any way to prior accidents or claims, including prior demand letters, prior claim letters, prior lawsuits, depositions given or taken, prior injuries, prior settlements, prior medical records or opinions as to permanent impairments, prior PIP applications. 37. A signed and executed copy of Social Security Earning Information Form SSA-7050- F4, attached as exhibit “A”. 38. A signed and executed copy of Social Security Consent for Release of Information, Form SSA-3288, attached as exhibit “B”. 39. A signed and executed copy of Internal Revenue Service authorization form 4506-T, attached as exhibit “C”. 40. Any materials you intend to use at trial to impeach the parties, their witnesses or experts, including impeachment material as set forth in and Northup v. Acken, 865 So.2d 1267 (Fla. 2004). 41. Copies of any and all impeachment materials, including but limited to, prior depositions, trial transcripts, or other sworn testimony, articles, textbooks, or other writings, or any other impeachment material not listed above, concerning Defendants’ expert witnesses that you intend to use at deposition and/or trial. EXHIBIT A Case No.: 2023-CA-001120-AN Page 6 42. A copy of any and all reports or updated reports prepared for the Plaintiff by Plaintiff’s experts, including but not limited to the following: a. Any and all reports (preliminary, final or otherwise), rough drafts, work sheets and materials in any manner connected with the opinions or conclusions reached concerning the subject matter of his/her expert opinion. b. Any and all materials considered, consulted, and used as a basis or predicate for opinions and conclusions, including but not limited to, published articles, data or documents furnished by the party engaging services. c. All computations, calculations and formulas considered, utilized, produced or in any manner connected with opinions or conclusions. It is hereby requested that the aforesaid production of copies be made and sent to the offices of LUKS, SANTANIELLO, PETRILLO, COHEN & PETRFRIEND. If plaintiff offers to make such documents available for inspection only, it is hereby requested that copies be provided to undersigned counsel and we will reimburse all reasonable or actual charges associated with said copies. EXHIBIT A Case No.: 2023-CA-001120-AN Page 7 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic Mail, to all counsel of record on the attached Service List, this 27th day of June, 2023. LUKS, SANTANIELLO, PETRILLO, COHEN & PETERFRIEND Attorneys for Defendants 201 S ORANGE AVENUE SUITE 400 ORLANDO, FL 32801 Telephone: (407) 540-9170 Facsimile: (407) 540-9171 By: /s/ Michael A. Kerwin_____________ Michael A. Kerwin Florida Bar No.: 102697 LUKSORL-Pleadings@LS-Law.com EXHIBIT A Case No.: 2023-CA-001120-AN Page 8 SERVICE LIST Manuel "Manny" Stefan, Esquire, Morgan & Morgan, P.A., 4495 South Semoran Boulevard, Orlando, Florida, 32822 (MStefan@forthepeople.com; cvictor@forthepeople.com) EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A Filing # 176193414 E-Filed 06/27/2023 09:36:29 AM EXHIBIT A IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2023-CA-001120-AN LUIS ANTONIO DAVILA, Plaintiff, v. RALPH JACQUES and HOME DEPOT USA, INC., Defendants. / DEFENDANT, HOME DEPOT USA, INC.’S, FIRST REQUEST FOR ADMISSIONS TO PLAINTIFF Defendant, HOME DEPOT USA. INC., pursuant to Florida Rule of Civil Procedure 1.370, requests that Plaintiff admit or deny the following assertions of fact: 1. Plaintiff has not sustained an injury as a result of the subject accident. 2. Plaintiff has not sustained a permanent injury as a result of the subject accident. 3. Plaintiff has not sustained any lost wages as a result of the subject accident. 4. Plaintiff is not making a wage loss claim as a result of the subject accident. 5. Plaintiff is not making a claim for loss of future earning capacity as a result of the subject accident. 6. The Defendant's insurer previously settled the property damage claim. 7. Defendant satisfied Plaintiff's property damage claims. 8. Plaintiff has not sustained any out-of-pocket medical expenses in connection with the subject accident. EXHIBIT A Case No.: 2023-CA-001120-AN Page 2 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic Mail, to all counsel of record on the attached Service List, this 27th day of June, 2023. LUKS, SANTANIELLO, PETRILLO, COHEN & PETERFRIEND Attorneys for Defendants 201 S ORANGE AVENUE SUITE 400 ORLANDO, FL 32801 Telephone: (407) 540-9170 Facsimile: (407) 540-9171 By: /s/ Michael A. Kerwin_____________ Michael A. Kerwin Florida Bar No.: 102697 LUKSORL-Pleadings@LS-Law.com SERVICE LIST Manuel "Manny" Stefan, Esquire, Morgan & Morgan, P.A., 4495 South Semoran Boulevard, Orlando, Florida, 32822 (MStefan@forthepeople.com; cvictor@forthepeople.com) Filing # 178950453 E-Filed 08/04/2023 12:16:01 PM EXHIBIT B IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2023-CA-001120-AN LUIS ANTONIO DAVILA, Plaintiff, -v- RALPH JACQUES AND HOME DEPOT USA, INC., Defendants. _____________________________/ PLAINTIFF’S RESPONSE TO REQUEST TO PRODUCE Plaintiff, LUIS ANTONIO DAVILA by and through the undersigned attorney, responds to the Request for Admissions of the Defendant, HOME DEPOT USA, INC., served on June 27. 2023, as follows: 1. Plaintiff has not sustained an injury as a result of the subject accident. RESPONSE: Denied. 2. Plaintiff has not sustained a permanent injury as a result of the subject accident. RESPONSE: Denied. 3. Plaintiff has not sustained any lost wages as a result of the subject accident. RESPONSE: Denied. 4. Plaintiff is not making a wage loss claim as a result of the subject accident. RESPONSE: Denied. 5. Plaintiff is not making a claim for loss of future earning capacity as a result of the subject accident. EXHIBIT B RESPONSE: Denied. 6. The Defendant's insurer previously settled the property damage claim. RESPONSE: Admitted. 7. Defendant satisfied Plaintiff's property damage claims. RESPONSE: Admitted. 8. Plaintiff has not sustained any out-of-pocket medical expenses in connection with the subject accident. RESPONSE: Denied. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, by email, this 4th day of August, 2023 to: M i c h a e l A . K e r w i n , e s q u i r e , L u k s , Santaniello, Petrillo, Cohen & Peterfriend, 201 S. orange Avenue, Suite 400, Orlando, FL 32801 (LUKSORL -Pleadings@LS-Law.com s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: cvictor@forthepeople.com Attorney for Plaintiff Filing # 178952231 E-Filed 08/04/2023 12:30:15 PM EXHIBIT B IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2023-CA-001120-AN LUIS ANTONIO DAVILA, Plaintiff, -v- RALPH JACQUES AND HOME DEPOT USA, INC., Defendants. _____________________________/ PLAINTIFF’S RESPONSE TO REQUEST FOR ADMISSIONS Plaintiff, LUIS ANTONIO DAVILA by and through the undersigned attorney, responds to the Request for Admissions of the Defendant, HOME DEPOT USA, INC., served on June 27. 2023, as follows: 1. Plaintiff has not sustained an injury as a result of the subject accident. RESPONSE: Denied. 2. Plaintiff has not sustained a permanent injury as a result of the subject accident. RESPONSE: Denied. 3. Plaintiff has not sustained any lost wages as a result of the subject accident. RESPONSE: Denied. 4. Plaintiff is not making a wage loss claim as a result of the subject accident. RESPONSE: Denied. 5. Plaintiff is not making a claim for loss of future earning capacity as a result of the subject accident. EXHIBIT B RESPONSE: Denied. 6. The Defendant's insurer previously settled the property damage claim. RESPONSE: Admitted. 7. Defendant satisfied Plaintiff's property damage claims. RESPONSE: Admitted. 8. Plaintiff has not sustained any out-of-pocket medical expenses in connection with the subject accident. RESPONSE: Denied. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, by email, this 4th day of August, 2023 to: M i c h a e l A . K e r w i n , e s q u i r e , L u k s , Santaniello, Petrillo, Cohen & Peterfriend, 201 S. orange Avenue, Suite 400, Orlando, FL 32801 (LUKSORL -Pleadings@LS-Law.com s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: cvictor@forthepeople.com Attorney for Plaintiff