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Filing # 196568679 E-Filed 04/19/2024 11:36:37 AM
IN THE CIRCUIT COURT OF THE 18TH JUDICIAL
CIRCUIT IN AND FOR SEMINOLE COUNTY,
FLORIDA
JOHN MIRANDA
Plaintiff
FIRST PROTECTIVE INSURANCE COMPANY D/B/A
FRONTLINE INSURANCE COMPANY
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Defendant Case No.: 2024CA000719
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NOTICE OF TAKING DEPOSITION DUCES TECUM
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PLEASE TAKE NOTICE that the undersigned attorney will take the deposition(s) of:
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DEPONENT DATE AND TIME
For a mutually convenient
LOCATION
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date and time T.B.D. by the T.B.D.
Field Adjuster parties. Said deposition shall
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take place within 60 days
from service of this notice
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upon oral examination before a Notary Public in and for the State of Florida, or any other officer
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duly authorized to administer oaths by the laws of the state.
The deposition(s) is/are being taken for the purpose of discovery, for use at trial, or for
such other purposes as are permitted under the applicable and governing rules. The deposition will
continue from day to day until completed.
Deponent must bring Defendant’s complete file for the subject claim and/or other materials
in Defendant’s possession that supports or illustrates Defendant’s position or allegations regarding
the above stated areas of inquiry. The claim file materials need not be produced nor discussed in
particular to the extent that they consist of privileged work product, but the deponent must bring
the file so there will be no need to respond to any otherwise non objectionable question with words
to the effect of, “I cannot answer because I do not have the file with me.” Any such answer will
result in the continuation of the deposition and the filing by Plaintiff of a Motion for Sanctions to
recover expenses associated with said continuation. The deponent should also be prepared to
answer questions regarding non privileged documents that were produced or referenced in
Defendant’s discovery responses, including (but not limited to) the Policy of Insurance and
Defendant’s denial letter(s), copies of which will be brought to the deposition by Plaintiff’s counsel
and may be marked as exhibits thereto.
In an effort to expedite the deposition(s), Plaintiff’s counsel requests that the requested
documents responsive to the attached “Schedule A” be produced at least ten (10) days before the
date of the deposition(s), to allow parties to conduct the deposition quickly and efficiently. This
will eliminate the need for Plaintiff’s counsel having to review the documents for the first time at
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the deposition(s) with deponent(s). Plaintiff will reimburse deponent(s) for all reasonable costs
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associated with producing the requested documents prior to deposition.
Further, to the extent any privilege or confidentiality is claimed to apply to the requested
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documents, the deponent(s) are directed to bring such responsive documents to the deposition(s)
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so that they can fully answer all of counsel’s questioning. However, a privilege log as
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contemplated under Florida Rules of Civil Procedure 1.280(b)(5) may be produced in lieu of the
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actual documents over which such claim(s) is asserted. Any such privileged documents are
nonetheless requested to be available at the deposition(s) for the deponent to review during the
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deposition(s) in order to fully answer all questions. Plaintiff stipulates that such review of
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documents over which a privilege claim has been asserted by any deponent(s) will not be deemed
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a waiver of any claimed privilege.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
Defendant by the Insurance Commissioner of the State of Florida.
Respectfully submitted,
BENMELEH LAWPA
Attorneys for Plaintiff
7292 NW 1st Court
Miami, FL 33150
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jack@benmelehlaw.com - E-Mail
daniel@benmelehlaw.com
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josabet@benmelehlaw.com
By: /s/ Jack Benmeleh
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JACK BENMELEH, ESQ.
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Florida Bar No.:
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NO
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SCHEDULE A
All documents you reviewed in preparation for this deposition that you will rely on in
providing your testimony.
All documents you reviewed in refreshing your recollection in preparation for your
deposition testimony.
For any documents which are protected by a claim of privilege or confidentiality, provide
a privilege log as contemplated by Florida Rule of Civil Procedure 1.280(b)(5).
The Complete original written, printed, and electronic claim file(s) of Defendant and its
adjusters and all other independent or third party adjusters involved in adjusting, inspecting
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and handling of the Plaintiff’s claim or loss (cover to cover), from the home office regional
IA
office and local office regarding the claim that is the subject of this matter including but
not limited to:
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A. All letters, memoranda and other forms or written or computerized communication
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to or from any employee of Defendant that concern, refer, or relate in any way to
the adjusting processing or handling of the claim at issue in this action.
B.
FFAll written or computerized records of any oral communication, whether in person
or by telephone to or from any employee of Defendant that concern, refer, or relate
in any way to the processing of the claim at issue in this action.
C.
NO All written or computerized communications and written or computerized records
of oral communication, whether in person or by telephone, between any employee,
representative or agent of Defendant and Plaintiff, or her representations or agents
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that concern refer, or relate in any way to their claim(s) at issue in this action.
D. All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any employee
of Defendant and any adjuster that concern, refer or relate in any way to that claim
at issuein this action.
E. All written or computerized records of any investigation or adjustment activities by
Defendant and its adjusters, from the date the loss was reported through the date of
this lawsuit or the date litigation was first reasonably anticipated, conducted in
connection with the claim at issue in this action.
F. All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, to or from any
employee of Defendant and its adjusters that concern, refer or relate in any way to
the decision to pay, deny, withhold, delay payment or conditionally or partially pay
Plaintiff’s claim.
G. All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between Plaintiff and
any employee of Defendant and its adjusters that concern, refer or relate in any way
to the decision by any employee of Defendant to pay, deny, withhold, delay
payment or conditionally or partially pay Plaintiff’s claim.
H. All written or computerized communications and written or computerized records
of oral communications, whether in person or by telephone, between any employee
of Defendant and any third party that concern, refer, or relate in any way to the
decision by any employee of Defendant to pay, deny, withhold, delay payment or
conditionally or partially pay Plaintiff’s claim.
I. All activity logs, diaries, claim notes or logs created by any adjuster, claim
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representative, manager, or supervisor of Defendant or third party adjusters during
the adjustment of Plaintiff’s claim up until the date of the lawsuit or the date
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Defendant reasonably anticipated litigation in connection with the claim at issue in
this action.
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J. The file folders in which the preceding documents are kept.
K.
L.
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All reports and correspondence.
Tapes: Video and audio.
M.
O FPhotographs and original negatives.
Copies of all documentation of whatever kind of nature in your possession, custody of
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control concerning Plaintiff’s claim of loss, and all files relating to Plaintiff’s claim for
damages to the Insured Property, including but not limited to, certified copies of any
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applicable insurance policies, recorded statements, documentation of the claim such as
proofs of loss, damage estimates, reports or memoranda by Defendant’s adjuster(s)
regarding the extent of damage and the reasons for payment, delay of payment, withholding
of payment, or denial of payment on the claim at issue.
All checks reflecting payments made to Plaintiff to date.
A certified copy of the policy of insurance in effect at the time of the loss.
Copies of all summaries of statements made by Plaintiff and all recorded or transcribed
statements taken by you, your representative(s) and/or your attorneys or Plaintiff, relating
to any of the issues in this case.
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Filing # 196568679 E-Filed 04/19/2024 11:36:37 AM IN THE CIRCUIT COURT OF THE 18TH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA JOHN MIRANDA Plaintiff FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE COMPANY L Defendant Case No.: 2024CA000719 IA NOTICE OF TAKING DEPOSITION DUCES TECUM C PLEASE TAKE NOTICE that the undersigned attorney will take the deposition(s) of: F I DEPONENT DATE AND TIME For a mutually convenient LOCATION F date and time T.B.D. by the T.B.D. Field Adjuster parties. Said deposition shall O take place within 60 days from service of this notice N upon oral examination before a Notary Public in and for the State of Florida, or any other officer U duly authorized to administer oaths by the laws of the state. The deposition(s) is/are being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the applicable and governing rules. The deposition will continue from day to day until completed. Deponent must bring Defendant’s complete file for the subject claim and/or other materials in Defendant’s possession that supports or illustrates Defendant’s position or allegations regarding the above stated areas of inquiry. The claim file materials need not be produced nor discussed in particular to the extent that they consist of privileged work product, but the deponent must bring the file so there will be no need to respond to any otherwise non objectionable question with words to the effect of, “I cannot answer because I do not have the file with me.” Any such answer will result in the continuation of the deposition and the filing by Plaintiff of a Motion for Sanctions to recover expenses associated with said continuation. The deponent should also be prepared to answer questions regarding non privileged documents that were produced or referenced in Defendant’s discovery responses, including (but not limited to) the Policy of Insurance and Defendant’s denial letter(s), copies of which will be brought to the deposition by Plaintiff’s counsel and may be marked as exhibits thereto. In an effort to expedite the deposition(s), Plaintiff’s counsel requests that the requested documents responsive to the attached “Schedule A” be produced at least ten (10) days before the date of the deposition(s), to allow parties to conduct the deposition quickly and efficiently. This will eliminate the need for Plaintiff’s counsel having to review the documents for the first time at L the deposition(s) with deponent(s). Plaintiff will reimburse deponent(s) for all reasonable costs IA associated with producing the requested documents prior to deposition. Further, to the extent any privilege or confidentiality is claimed to apply to the requested C documents, the deponent(s) are directed to bring such responsive documents to the deposition(s) I so that they can fully answer all of counsel’s questioning. However, a privilege log as F contemplated under Florida Rules of Civil Procedure 1.280(b)(5) may be produced in lieu of the F actual documents over which such claim(s) is asserted. Any such privileged documents are nonetheless requested to be available at the deposition(s) for the deponent to review during the O deposition(s) in order to fully answer all questions. Plaintiff stipulates that such review of N documents over which a privilege claim has been asserted by any deponent(s) will not be deemed U a waiver of any claimed privilege. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon Defendant by the Insurance Commissioner of the State of Florida. Respectfully submitted, BENMELEH LAWPA Attorneys for Plaintiff 7292 NW 1st Court Miami, FL 33150 L jack@benmelehlaw.com - E-Mail daniel@benmelehlaw.com IA josabet@benmelehlaw.com By: /s/ Jack Benmeleh C JACK BENMELEH, ESQ. I Florida Bar No.: FF NO U SCHEDULE A All documents you reviewed in preparation for this deposition that you will rely on in providing your testimony. All documents you reviewed in refreshing your recollection in preparation for your deposition testimony. For any documents which are protected by a claim of privilege or confidentiality, provide a privilege log as contemplated by Florida Rule of Civil Procedure 1.280(b)(5). The Complete original written, printed, and electronic claim file(s) of Defendant and its adjusters and all other independent or third party adjusters involved in adjusting, inspecting L and handling of the Plaintiff’s claim or loss (cover to cover), from the home office regional IA office and local office regarding the claim that is the subject of this matter including but not limited to: C A. All letters, memoranda and other forms or written or computerized communication I to or from any employee of Defendant that concern, refer, or relate in any way to the adjusting processing or handling of the claim at issue in this action. B. FFAll written or computerized records of any oral communication, whether in person or by telephone to or from any employee of Defendant that concern, refer, or relate in any way to the processing of the claim at issue in this action. C. NO All written or computerized communications and written or computerized records of oral communication, whether in person or by telephone, between any employee, representative or agent of Defendant and Plaintiff, or her representations or agents U that concern refer, or relate in any way to their claim(s) at issue in this action. D. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any adjuster that concern, refer or relate in any way to that claim at issuein this action. E. All written or computerized records of any investigation or adjustment activities by Defendant and its adjusters, from the date the loss was reported through the date of this lawsuit or the date litigation was first reasonably anticipated, conducted in connection with the claim at issue in this action. F. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, to or from any employee of Defendant and its adjusters that concern, refer or relate in any way to the decision to pay, deny, withhold, delay payment or conditionally or partially pay Plaintiff’s claim. G. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between Plaintiff and any employee of Defendant and its adjusters that concern, refer or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delay payment or conditionally or partially pay Plaintiff’s claim. H. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any third party that concern, refer, or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delay payment or conditionally or partially pay Plaintiff’s claim. I. All activity logs, diaries, claim notes or logs created by any adjuster, claim L representative, manager, or supervisor of Defendant or third party adjusters during the adjustment of Plaintiff’s claim up until the date of the lawsuit or the date IA Defendant reasonably anticipated litigation in connection with the claim at issue in this action. C J. The file folders in which the preceding documents are kept. K. L. F I All reports and correspondence. Tapes: Video and audio. M. O FPhotographs and original negatives. Copies of all documentation of whatever kind of nature in your possession, custody of N control concerning Plaintiff’s claim of loss, and all files relating to Plaintiff’s claim for damages to the Insured Property, including but not limited to, certified copies of any U applicable insurance policies, recorded statements, documentation of the claim such as proofs of loss, damage estimates, reports or memoranda by Defendant’s adjuster(s) regarding the extent of damage and the reasons for payment, delay of payment, withholding of payment, or denial of payment on the claim at issue. All checks reflecting payments made to Plaintiff to date. A certified copy of the policy of insurance in effect at the time of the loss. Copies of all summaries of statements made by Plaintiff and all recorded or transcribed statements taken by you, your representative(s) and/or your attorneys or Plaintiff, relating to any of the issues in this case.