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Filing # 196854691 E-Filed 04/24/2024 09:05:38 AM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
JOHN JOSEPH CLANTON, CASE NO:
Plaintiff, JURY TRIAL DEMANDED
vs.
JUAN MARTINEZ MOLINA,
Defendant.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT.
JUAN MARTINEZ MOLINA
Plaintiff, JOHN JOSEPH CLANTON and (hereinafter, “Plaintiff’), by and through the
undersigned counsel and hereby requests that Defendant, JUAN MARTINEZ MOLINA
(hereinafter, “Defendant’’), produce for inspection or copying the documents set forth below.
Defendants shall produce these documents at 135 W. Central Blvd., Suite 320, Orlando, FL 32801
within 45 days from the date of service.
1 Definitions
As used throughout this Request to Produce, the following terms are defined as follows:
A "Document" is used in the broad sense and means any tangible object or thing that
contains, conveys, or records information. Production is required of the original, or
any copy if the original is not available, of any book, record, minutes of meetings,
reports and/or summaries of interviews, reports and/or summaries of investigations;
opinions or reports of consultants; opinions of counsel; communications of any
nature, including internal company communications, memoranda, telegrams,
telexes, letters, notes of telephone conferences, agreements, reports or summaries of
negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press
releases, drafts and revisions of drafts of documents, any written, printed, typed or other
graphic matter of any kind or nature, drawings, photographs, paper, communication,
chart, tap, disk, card, wire or other electronic or mechanical recording or transcript or
any other instrument or device from which information can be perceived, in the
employees or agents, or known by Plaintiff to exist, unless otherwise privileged.
"Document" also includes copies containing information in addition to that contained
n the original (such as notations, computations, attachments, etc.), and shall include
all copies of documents by whatever means made and whether or not claimed to be
privileged or otherwise excludable from discovery. To the extent that a request that
a request calls for the production of multiple identical documents or things, only one
copy of each such identical documents or things need be produced. Two copies are
not identical if one of the copies has any information, writing, printing, or other marks
not present on the other of the copies.
If any tape, disk, card, wire, or other electronic or mechanical recording or transcript or
any computer program is produced, such documents as are necessity for the decoding,
putting back, printing out and/or interpretation thereof, and any other documents which
are necessity to convert such information into a useful and necessity to convert such
information into a useful and usable format shall also be produced, in order to make this
request under Rule 1.350 meaningful and genuine.
"Person" means any natural person, public or private corporation (whether or not
organized for profit), partnership, unincorporated association, governmental agency or
body, or other legal entity.
"Company" means any business or governmental entity to which this request is
addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in
interest, and predecessors as well as all of its directors, officers, principals, partners,
employees, agents, representatives, attorneys, any other persons working for or on
behalf thereof, whether temporary or permanent, and any "person" in which Plaintiff
has acquired an interest.
"Statement" means (1) any written statement made by a person and signed or otherwise
adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other
recording, or a transcription thereof, which is a substantially verbatim recital of an oral
statement made by that person and recorded contemporaneously with the making of
such oral statement.
As may be used in these Request "and" is conjunctive (meaning, e.g., A and B); and
or" is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be
withheld, or limited, because it refers or relates to only one, or to more than one, item
in a request.
As may be used in this Request to Produce, the terms "trademark" and "service mark"
shall be considered interchangeable, and the term " " shall be considered to refer to
any trademark, service mark, trade name, or business designation, or any other word,
symbol, design, logo, title, or slogan used to identify the source of origin of products or
services. References to ‘products" or "goods" shall be considered to includeservices.
2. Claim of Privilege
Ifany document or statement is withheld from this request under a claim of privilege,
then please furnish a list which identifies each document or statement for which privilege
is claimed and include the following information for each such document:
Description sufficient to identify.
The date(s).
The subject matter(s).
The sender(s) or author(s).
The recipient(s).
The persons to who copies were furnished, together with their job titles.
The present depository or person having custody of the document.
The nature and basis of privilege or immunity claimed.
The paragraph(s) of this request to which each such document or
statement relates or corresponds.
3. Grouping or Numbering of Items Produced.
Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items
submitted in response to this Request to Produce be organized and labeled according to
the individual paragraphs of the request to which they are responsive, and within each
group, arranged in chronological order.
4. Place, time, and manner of response.
A response to this Request to Produce is due within thirty (30) days after service of
this Request to Produce, and shall be made at the offices of DeWitt Law Firm, P.A., 135 W.
Central Blvd., Suite 320, Orlando, FL 32801, or at such other place as the parties may
agree. Authentic copies of document may be supplied, provided that existing originals are
available for inspection, examination, and comparison.
[THIS SPACE INTENTIONALLY LEFT BLANK]
DEFENDANT SHALL PRODUCE THE FOLLOWING DOCUMENTS & ITEM:
All statements made by any occupants of the vehicles involved in the subject accident.
All statements made by any witnesses to the subject accident.
All statements made by Plaintiff pertaining to or concerning the subject matter.
All photographs and/or video of the vehicles involved in the subject accident showing
damages sustained or alternatively, the right to inspect such vehicles.
All photographs and/or video of Defendant or Plaintiff depicting injuries received in the
subject accident.
A copy of any and all insurance agreements, insurance policies or agreements of any kind or
nature under which any person or company carrying on an insurance business may be liable
to satisfy part of all of a judgment which may be entered in this action or to indemnify or
reimburse any payments made to satisfy any such judgment or settlement, including but
not limited to a certified copy of the declarations sheet as to each such policy.
Document relating to or discussing repairs or maintenance to any vehicle involved in the car
accident described in the complaint that were done for the six (6) month period of time
preceding and including the date of the accident and for the six (6) month period of time
following the date of the accident.
The repair bill and estimates for the repairs to any of the vehicles involved in the accident
for damages incurred in the accident.
All photographs and/or video of the accident scene and surroundingareas.
10. Any surveillance video/pictures of Plaintiff taken following the subject accident.
11. Any records reflecting the towing of any vehicles involved in the accident from the scene of
the accident.
12. A complete copy of any incident report(s) concerning the subject incident.
13. A complete copy of any investigative file, including witness statements, employee
statements and/or any statements made by Plaintiff.
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Defendant
this the same date of service as that of the Summons and Complaint.
/s/ Philip D. Wayne
[] MOSES R. DEWITT, ESQ.
Florida Bar No. 84958
Moses@dewittlaw.com
[X] PHILIP D. WAYNE, ESQ.
Florida Bar No. 1002665
Philip. Wayne@dewittlaw.com
DEWITT LAW FIRM, P.A.
135 W. Central Blvd., Suite 320
Orlando, Florida 32801
Phone: 392-2669
Fax: 407-650-1928
Pleadings: Service@dewittlaw.com
Preview
Filing # 196854691 E-Filed 04/24/2024 09:05:38 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA JOHN JOSEPH CLANTON, CASE NO: Plaintiff, JURY TRIAL DEMANDED vs. JUAN MARTINEZ MOLINA, Defendant. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT. JUAN MARTINEZ MOLINA Plaintiff, JOHN JOSEPH CLANTON and (hereinafter, “Plaintiff’), by and through the undersigned counsel and hereby requests that Defendant, JUAN MARTINEZ MOLINA (hereinafter, “Defendant’’), produce for inspection or copying the documents set forth below. Defendants shall produce these documents at 135 W. Central Blvd., Suite 320, Orlando, FL 32801 within 45 days from the date of service. 1 Definitions As used throughout this Request to Produce, the following terms are defined as follows: A "Document" is used in the broad sense and means any tangible object or thing that contains, conveys, or records information. Production is required of the original, or any copy if the original is not available, of any book, record, minutes of meetings, reports and/or summaries of interviews, reports and/or summaries of investigations; opinions or reports of consultants; opinions of counsel; communications of any nature, including internal company communications, memoranda, telegrams, telexes, letters, notes of telephone conferences, agreements, reports or summaries of negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts and revisions of drafts of documents, any written, printed, typed or other graphic matter of any kind or nature, drawings, photographs, paper, communication, chart, tap, disk, card, wire or other electronic or mechanical recording or transcript or any other instrument or device from which information can be perceived, in the employees or agents, or known by Plaintiff to exist, unless otherwise privileged. "Document" also includes copies containing information in addition to that contained n the original (such as notations, computations, attachments, etc.), and shall include all copies of documents by whatever means made and whether or not claimed to be privileged or otherwise excludable from discovery. To the extent that a request that a request calls for the production of multiple identical documents or things, only one copy of each such identical documents or things need be produced. Two copies are not identical if one of the copies has any information, writing, printing, or other marks not present on the other of the copies. If any tape, disk, card, wire, or other electronic or mechanical recording or transcript or any computer program is produced, such documents as are necessity for the decoding, putting back, printing out and/or interpretation thereof, and any other documents which are necessity to convert such information into a useful and necessity to convert such information into a useful and usable format shall also be produced, in order to make this request under Rule 1.350 meaningful and genuine. "Person" means any natural person, public or private corporation (whether or not organized for profit), partnership, unincorporated association, governmental agency or body, or other legal entity. "Company" means any business or governmental entity to which this request is addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in interest, and predecessors as well as all of its directors, officers, principals, partners, employees, agents, representatives, attorneys, any other persons working for or on behalf thereof, whether temporary or permanent, and any "person" in which Plaintiff has acquired an interest. "Statement" means (1) any written statement made by a person and signed or otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by that person and recorded contemporaneously with the making of such oral statement. As may be used in these Request "and" is conjunctive (meaning, e.g., A and B); and or" is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be withheld, or limited, because it refers or relates to only one, or to more than one, item in a request. As may be used in this Request to Produce, the terms "trademark" and "service mark" shall be considered interchangeable, and the term " " shall be considered to refer to any trademark, service mark, trade name, or business designation, or any other word, symbol, design, logo, title, or slogan used to identify the source of origin of products or services. References to ‘products" or "goods" shall be considered to includeservices. 2. Claim of Privilege Ifany document or statement is withheld from this request under a claim of privilege, then please furnish a list which identifies each document or statement for which privilege is claimed and include the following information for each such document: Description sufficient to identify. The date(s). The subject matter(s). The sender(s) or author(s). The recipient(s). The persons to who copies were furnished, together with their job titles. The present depository or person having custody of the document. The nature and basis of privilege or immunity claimed. The paragraph(s) of this request to which each such document or statement relates or corresponds. 3. Grouping or Numbering of Items Produced. Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items submitted in response to this Request to Produce be organized and labeled according to the individual paragraphs of the request to which they are responsive, and within each group, arranged in chronological order. 4. Place, time, and manner of response. A response to this Request to Produce is due within thirty (30) days after service of this Request to Produce, and shall be made at the offices of DeWitt Law Firm, P.A., 135 W. Central Blvd., Suite 320, Orlando, FL 32801, or at such other place as the parties may agree. Authentic copies of document may be supplied, provided that existing originals are available for inspection, examination, and comparison. [THIS SPACE INTENTIONALLY LEFT BLANK] DEFENDANT SHALL PRODUCE THE FOLLOWING DOCUMENTS & ITEM: All statements made by any occupants of the vehicles involved in the subject accident. All statements made by any witnesses to the subject accident. All statements made by Plaintiff pertaining to or concerning the subject matter. All photographs and/or video of the vehicles involved in the subject accident showing damages sustained or alternatively, the right to inspect such vehicles. All photographs and/or video of Defendant or Plaintiff depicting injuries received in the subject accident. A copy of any and all insurance agreements, insurance policies or agreements of any kind or nature under which any person or company carrying on an insurance business may be liable to satisfy part of all of a judgment which may be entered in this action or to indemnify or reimburse any payments made to satisfy any such judgment or settlement, including but not limited to a certified copy of the declarations sheet as to each such policy. Document relating to or discussing repairs or maintenance to any vehicle involved in the car accident described in the complaint that were done for the six (6) month period of time preceding and including the date of the accident and for the six (6) month period of time following the date of the accident. The repair bill and estimates for the repairs to any of the vehicles involved in the accident for damages incurred in the accident. All photographs and/or video of the accident scene and surroundingareas. 10. Any surveillance video/pictures of Plaintiff taken following the subject accident. 11. Any records reflecting the towing of any vehicles involved in the accident from the scene of the accident. 12. A complete copy of any incident report(s) concerning the subject incident. 13. A complete copy of any investigative file, including witness statements, employee statements and/or any statements made by Plaintiff. I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Defendant this the same date of service as that of the Summons and Complaint. /s/ Philip D. Wayne [] MOSES R. DEWITT, ESQ. Florida Bar No. 84958 Moses@dewittlaw.com [X] PHILIP D. WAYNE, ESQ. Florida Bar No. 1002665 Philip. Wayne@dewittlaw.com DEWITT LAW FIRM, P.A. 135 W. Central Blvd., Suite 320 Orlando, Florida 32801 Phone: 392-2669 Fax: 407-650-1928 Pleadings: Service@dewittlaw.com