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Filing # 169108452 E-Filed 03/20/2023 01:09:16 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO:
LUIS ANTONIO DAVILA,
Plaintiff,
vs.
RALP JACQUES and HOME DEPOT
USA, INC.,
Defendants.
/
REQUEST FOR ADMISSIONS
TO: HOME DEPOT USA, INC.
PURSUANT TO Rule 1.370, Florida Rules of Civil Procedure, the Plaintiff, LUIS
ANTONIO DAVILA ests that Defendant, HOME DEPOT USA, INC., admit or deny the following
within forty-five (45) days from the date of service hereof.
I. DEFINITIONS & INSTRUCTIONS
1. The term “Plaintiff” refers to Plaintiff, LUIS ANTONIO DAVILA, including his
agents, employees, and all other persons acting or purporting to act on his behalf and, unless
privileged, the party’s attorney.
2. The term “you” or “Defendant” refers to Defendant, HOME DEPOT USA, INC.,
including its agents, employees, and all other persons acting or purporting to act on its behalf and,
unless privileged, the party’s attorney.
3. The terms “document” or “documents” mean the original and all drafts or copies
thereof which are different in any way from the original (whether by interlineation, receipt stamps
notation, indication of copies sent or received, or otherwise) and all attached or annexed materials
to any written, typewritten, handwritten, printed, graphic, photographic or recorded material,
correspondence, telegrams, facsimiles, telexes, emails, memoranda, records of meetings,
conferences, telephone or other communications, pamphlets, books, notes, reports, studies,
transcripts, indexes, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates,
minutes, tapes, photographs and photographic films, sound recordings, phonograph records, video
tapes, data compilations from which information can be obtained or can be translated into a form
reasonably usable, computer data files, tapes, electronic media, inputs or outputs, and other
computer-readable records or programs, all electronically stored or created data, whether written,
typed, printed, punched, filmed, marked in any way, data or information stored in any form
readable or accessible by computer including, but not limited to, magnetic tape storage media, hard
disks, hard drives, floppy disks, compact disks, computer tapes, memory and magnetic tapes of
any kind, backup copies and “deleted” files on any computer storage devise or media, including
the printed output of any such electronic data/communications processing equipment or
magnetically stored information, computer memory, optical media, magneto media, and other
physical media on which notations or making of any kind can be affixed whether located on-site
or off-site. All drafts, copies or preliminary materials which are different in any way from the
executed or final documents shall be considered to be additional documents as the terms are used
herein.
4. The term “communication(s)” shall mean every manner or means of disclosure,
transfer, or exchange, and every disclosure, transfer or exchange of information whether orally or
face-to-face, or by telephone, mail, e-mail, computer disk, telecopy or facsimile, personal delivery,
social media, text message, or otherwise.
5. The term “person” means any natural person, any business entity (whether a
corporation, partnership, or other business association), any government or political subdivision
thereof, or governmental body, commission board, agency, bureau, or department.
6. The phrase “reflecting or relating to” or any variant thereof means constitutes,
embodies, comprises, reflects, discusses, identifies, states, comments on, responds to, describes,
analyzes, contains information concerning, or is any way related, connected, associated, or
pertinent to the stated subject matter.
7. The terms “and” and “or” shall be construed both conjunctively and disjunctively
so as to make each request inclusive rather than exclusive. The singular form of any word includes
the plural and vice versa; and the masculine includes the feminine and vice versa.
8. The term “including” means including without limitation.
9. The term “agent” shall mean any agent, employee, officer, director, attorney,
independent contractor, or any other person acting at the direction of or on behalf of another.
10. This document request encompasses all computer records or files on any
computers, equipment, machinery, telephones or files in your actual or constructive possession,
custody, care, or control (collectively “electronically stored information” or “ESI”). Accordingly,
even if a particular document was deleted, purged, or archived, this document request requires a
diligent search of any and all computer records, hard drives, disks, diskettes, floppy disks, or other
storage medium on which any document or any information requested herein might reside or be
found, specifically including all backup files or any drive containing any backup or copy of any
documents requested herein.
11. The form of production of any ESI shall be in its native file format with metadata
intact or in an equally useable format. If you intend to produce any ESI in a format other than
native file format with metadata intact, please contact counsel for Plaintiff prior to production of
the ESI to discuss an acceptable format for production.
12. To the extent that you consider any of the following requests objectionable, respond
to so much of each, and each part thereof, which is not objectionable in your view, and separately
state that part of each which is objectionable and the ground for each objection.
13. If any document is withheld under a claim of privilege or other protection, so as to
aid the Court and the parties hereto to determine the validity of the claim of privilege or other
protection, please provide the following information with respect to any such document:
(i) The name and job title of the person(s) who prepared the document, who signed it, and
over whose name it was sent or issued;
(ii) The name and job title of any person(s) to whom the document was directed;
(iii) The nature and substance of the document with sufficient particularity to enable the
Court and the parties hereto to identify the document;
(iv) The date of the document;
(v) The identity of the person(s) having custody or control over the document and each
copy thereof;
(vi) The title of the document;
(vii) The number of pages;
(viii) The basis on which any privilege or other protection is claimed; and
(ix) Whether any non-privileged or non-protected matter is included in the document.
Consistent with Florida Rule of Civil Procedure 1.350(b), please produce documents in a manner
that will facilitate their identification with the particular Request to which they are responsive. If
any document is responsive to more than one Request, please so indicate to the extent it is
reasonably practicable to do so.
REQUEST FOR ADMISSIONS
1. Please admit that this action brought against the Defendant properly and correctly name the
parties to be sued in this cause.
2. Please admit that jurisdiction for the Complaint filed by Plaintiff is properly brought before
the Circuit Court in Osceola County, Florida.
3. Please admit that the service of process against the Defendant was proper.
4. Please admit that this is an action for damages in excess of Fifty Thousand Dollars ($50,000)
arising in Osceola County, Florida.
5. On November 16, 2022, at South Poinciana Boulevard, in front of 1645 South Poinciana
Boulevard, Kissimmee, Osceola County, Florida, Defendant, RALPH JACQUES, was the
operator of a motor vehicle that collided with the vehicle operated by Plaintiff, LUIS
ANTONIO DAVILA.
6. That the motor vehicle operated by Defendant, RALPH JACQUES, was owned by Defendant,
HOME DEPOT USA, INC..
7. That the Defendant, HOME DEPOT USA, INC., gave permission to the Defendant, RALPH
JACQUES, to use and operate the motor vehicle involved in the subject accident.
8. That on November 16, 2022, Defendant, RALPH JACQUES , negligently operated said
vehicle and collided with the vehicle containing Plaintiff, LUIS ANTONIO DAVILA.
9. That the Plaintiff, LUIS ANTONIO DAVILA, suffered a permanent injury as a result of the
accident of November 16, 2022.
10. Plaintiff, LUIS ANTONIO DAVILA, has received medical care and treatment as a result of
the bodily injury sustained in the collision described herein.
11. Plaintiff, LUIS ANTONIO DAVILA sustained permanent injury within a reasonable degree
of medical probability under the terms of Fla. Stat. §627.727(2)(b), and/or a significant and
permanent loss of an important bodily function under Fla. Stat. §627.737(2)(a) as a result of
the accident more fully described herein request number 1.
12. Plaintiff’s medical bills were reasonable, necessary and related to the accident.
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Defendant
together with the Summons and Complaint.
/s/ Manuel Stefan
Manuel “Manny” Stefan, Esquire
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
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Filing # 169108452 E-Filed 03/20/2023 01:09:16 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION CASE NO: LUIS ANTONIO DAVILA, Plaintiff, vs. RALP JACQUES and HOME DEPOT USA, INC., Defendants. / REQUEST FOR ADMISSIONS TO: HOME DEPOT USA, INC. PURSUANT TO Rule 1.370, Florida Rules of Civil Procedure, the Plaintiff, LUIS ANTONIO DAVILA ests that Defendant, HOME DEPOT USA, INC., admit or deny the following within forty-five (45) days from the date of service hereof. I. DEFINITIONS & INSTRUCTIONS 1. The term “Plaintiff” refers to Plaintiff, LUIS ANTONIO DAVILA, including his agents, employees, and all other persons acting or purporting to act on his behalf and, unless privileged, the party’s attorney. 2. The term “you” or “Defendant” refers to Defendant, HOME DEPOT USA, INC., including its agents, employees, and all other persons acting or purporting to act on its behalf and, unless privileged, the party’s attorney. 3. The terms “document” or “documents” mean the original and all drafts or copies thereof which are different in any way from the original (whether by interlineation, receipt stamps notation, indication of copies sent or received, or otherwise) and all attached or annexed materials to any written, typewritten, handwritten, printed, graphic, photographic or recorded material, correspondence, telegrams, facsimiles, telexes, emails, memoranda, records of meetings, conferences, telephone or other communications, pamphlets, books, notes, reports, studies, transcripts, indexes, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates, minutes, tapes, photographs and photographic films, sound recordings, phonograph records, video tapes, data compilations from which information can be obtained or can be translated into a form reasonably usable, computer data files, tapes, electronic media, inputs or outputs, and other computer-readable records or programs, all electronically stored or created data, whether written, typed, printed, punched, filmed, marked in any way, data or information stored in any form readable or accessible by computer including, but not limited to, magnetic tape storage media, hard disks, hard drives, floppy disks, compact disks, computer tapes, memory and magnetic tapes of any kind, backup copies and “deleted” files on any computer storage devise or media, including the printed output of any such electronic data/communications processing equipment or magnetically stored information, computer memory, optical media, magneto media, and other physical media on which notations or making of any kind can be affixed whether located on-site or off-site. All drafts, copies or preliminary materials which are different in any way from the executed or final documents shall be considered to be additional documents as the terms are used herein. 4. The term “communication(s)” shall mean every manner or means of disclosure, transfer, or exchange, and every disclosure, transfer or exchange of information whether orally or face-to-face, or by telephone, mail, e-mail, computer disk, telecopy or facsimile, personal delivery, social media, text message, or otherwise. 5. The term “person” means any natural person, any business entity (whether a corporation, partnership, or other business association), any government or political subdivision thereof, or governmental body, commission board, agency, bureau, or department. 6. The phrase “reflecting or relating to” or any variant thereof means constitutes, embodies, comprises, reflects, discusses, identifies, states, comments on, responds to, describes, analyzes, contains information concerning, or is any way related, connected, associated, or pertinent to the stated subject matter. 7. The terms “and” and “or” shall be construed both conjunctively and disjunctively so as to make each request inclusive rather than exclusive. The singular form of any word includes the plural and vice versa; and the masculine includes the feminine and vice versa. 8. The term “including” means including without limitation. 9. The term “agent” shall mean any agent, employee, officer, director, attorney, independent contractor, or any other person acting at the direction of or on behalf of another. 10. This document request encompasses all computer records or files on any computers, equipment, machinery, telephones or files in your actual or constructive possession, custody, care, or control (collectively “electronically stored information” or “ESI”). Accordingly, even if a particular document was deleted, purged, or archived, this document request requires a diligent search of any and all computer records, hard drives, disks, diskettes, floppy disks, or other storage medium on which any document or any information requested herein might reside or be found, specifically including all backup files or any drive containing any backup or copy of any documents requested herein. 11. The form of production of any ESI shall be in its native file format with metadata intact or in an equally useable format. If you intend to produce any ESI in a format other than native file format with metadata intact, please contact counsel for Plaintiff prior to production of the ESI to discuss an acceptable format for production. 12. To the extent that you consider any of the following requests objectionable, respond to so much of each, and each part thereof, which is not objectionable in your view, and separately state that part of each which is objectionable and the ground for each objection. 13. If any document is withheld under a claim of privilege or other protection, so as to aid the Court and the parties hereto to determine the validity of the claim of privilege or other protection, please provide the following information with respect to any such document: (i) The name and job title of the person(s) who prepared the document, who signed it, and over whose name it was sent or issued; (ii) The name and job title of any person(s) to whom the document was directed; (iii) The nature and substance of the document with sufficient particularity to enable the Court and the parties hereto to identify the document; (iv) The date of the document; (v) The identity of the person(s) having custody or control over the document and each copy thereof; (vi) The title of the document; (vii) The number of pages; (viii) The basis on which any privilege or other protection is claimed; and (ix) Whether any non-privileged or non-protected matter is included in the document. Consistent with Florida Rule of Civil Procedure 1.350(b), please produce documents in a manner that will facilitate their identification with the particular Request to which they are responsive. If any document is responsive to more than one Request, please so indicate to the extent it is reasonably practicable to do so. REQUEST FOR ADMISSIONS 1. Please admit that this action brought against the Defendant properly and correctly name the parties to be sued in this cause. 2. Please admit that jurisdiction for the Complaint filed by Plaintiff is properly brought before the Circuit Court in Osceola County, Florida. 3. Please admit that the service of process against the Defendant was proper. 4. Please admit that this is an action for damages in excess of Fifty Thousand Dollars ($50,000) arising in Osceola County, Florida. 5. On November 16, 2022, at South Poinciana Boulevard, in front of 1645 South Poinciana Boulevard, Kissimmee, Osceola County, Florida, Defendant, RALPH JACQUES, was the operator of a motor vehicle that collided with the vehicle operated by Plaintiff, LUIS ANTONIO DAVILA. 6. That the motor vehicle operated by Defendant, RALPH JACQUES, was owned by Defendant, HOME DEPOT USA, INC.. 7. That the Defendant, HOME DEPOT USA, INC., gave permission to the Defendant, RALPH JACQUES, to use and operate the motor vehicle involved in the subject accident. 8. That on November 16, 2022, Defendant, RALPH JACQUES , negligently operated said vehicle and collided with the vehicle containing Plaintiff, LUIS ANTONIO DAVILA. 9. That the Plaintiff, LUIS ANTONIO DAVILA, suffered a permanent injury as a result of the accident of November 16, 2022. 10. Plaintiff, LUIS ANTONIO DAVILA, has received medical care and treatment as a result of the bodily injury sustained in the collision described herein. 11. Plaintiff, LUIS ANTONIO DAVILA sustained permanent injury within a reasonable degree of medical probability under the terms of Fla. Stat. §627.727(2)(b), and/or a significant and permanent loss of an important bodily function under Fla. Stat. §627.737(2)(a) as a result of the accident more fully described herein request number 1. 12. Plaintiff’s medical bills were reasonable, necessary and related to the accident. I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Defendant together with the Summons and Complaint. /s/ Manuel Stefan Manuel “Manny” Stefan, Esquire 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