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Filing # 196552619 E-Filed 04/19/2024 09:51:42 AM
IN THE CIRCUIT COURT OF THE 20th
JUDICIAL CIRCUIT, IN AND FOR LEE
COUNTY, FLORIDA
BRITTNEY JOSEPH PAUL, CASE NO.:
Plaintiff,
vs.
RICHARD A. GRANT and
WHERRY TRUCK LINES INC.,
Defendants.
_______________________________/
PLAINTIFF, FIRST REQUEST FOR PRODUCTION PROPOUNDED
TO DEFENDANT, RICHARD A. GRANT
COMES NOW, the Plaintiff, BRITTNEY JOSEPH PAUL, by and through undersigned
counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, requests the
Defendant, RICHARD A. GRANT, within 45 days, to produce for inspection, copying
photographing the following documents, showing the defendant has possession, custody and/or
control of each of the documents and that each constitutes evidence without which Plaintiff cannot
safely proceed to trial:
1. Color copies of any and all photographs, drawings, graphs, charts, models, plats, motion
pictures, video tapes, security videos, recordings or writings in the custody or possession
of this Defendant and/or Defendant's agents, servants or attorneys, showing the scene of
incident or accident in question and damage or injury to vehicles, objects and/or persons
involved in this controversy or pertaining to any fact, or issue related to the instant litigation
(including but not limited to dashcam video and/or audio of the accident itself).
2. Any and all property damage appraisals, estimates of repairs or other written evidence in
Defendant's control which reflect the nature and extent of the damage, in monetary terms
to the Defendant's motor vehicle.
3. Copies of any traffic or any other court transcripts involving the subject matter of the
incident litigation.
eFiled Lee County Clerk of Courts Page 1
4. Within the meaning and definitions in Florida rules of Civil Procedures, any statements of
the Plaintiff, Plaintiff's agents and/or employees, Defendant, Defendant's agents and and/or
employees; and of any independent witnesses, bearing on knowledge of facts relevant and
material to the claims and defenses in the instant litigation.
5. Any and all medical reports regarding your condition of ill as a consequence of the subject
accident.
6. Copies of any and all of insurance policies providing coverage, or that you contend may
have covered you on the date of this accident; for losses of the type alleged in Plaintiff’s
Complaint.
7. Copies of any and all documents which support the affirmative defenses in your answer to
the complaint.
8. A copy of the title and registration for your vehicle involved in the subject accident.
9. A copy of your driver’s license.
10. Copies of your personal and work cellular phone records detailing the times of incoming
and outgoing phone calls and text logs, for the day of the subject accident – September 6,
2023; or in the alternative, complete the attached limited in scope Authorization for Release
of Phone Records. Please provide a properly executed authorization for any and all in your
possession at the time of the subject accident.
In support of this request, Plaintiff would show unto the Court that the above items contain
or constitute material and relevant evidence to this cause and are unavailable to the Plaintiff and
without which the Plaintiff cannot adequately and properly prepare this case.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
Defendant, RICHARD A. GRANT along with Summons and the Complaint in this action.
FRIEDLAND & ASSOCIATES, P.A. By: /S/ Sara Schafer_____
Attorneys for Plaintiff Sara Schafer, Esq.
101 NE 3rd Avenue, Suite 1600 Florida Bar No.: 84455
Fort Lauderdale, Florida 33301 Lee Friedland, Esq.
954 321-8810; 954 321-8895 (facsimile) Florida Bar No.: 991163
Pleadings@friedlandlaw.com
eFiled Lee County Clerk of Courts Page 2
AUTHORIZATION FOR THE RELEASE OF RECORDS
TO:
RE: Name:
Wireless Phone No.:
You are hereby authorized and directed to release to the law firm of:
Friedland & Associates
101 NE 3rd Avenue, Suite 1600, Fort Lauderdale, FL 33301
Telephone: (954) 321-8810 - Facsimile: (954) 321-8995
THE FOLLOWING REQUEST:
A LOG DISCLOSING THE TIMES OF ANY AND ALL OUTGOING AND INCOMING CALLS AND
TEXT MESSAGES REGARDING WIRELESS TELEPHONE NUMBER _______________________ ON
September 6, 2023.
I understand that the information obtained may be re-disclosed by the person or group that I hereby give the
above provider and its contract representatives permission to share my information with, and that my information
would no longer be protected by the federal regulations. Therefore, I release the above provider, its workforce
members, and its contract representatives from all liability arising from the disclosure of my information pursuant to
this agreement. I understand that I may inspect or request copies of any information disclosed by this request for
disclosure. I understand that I may revoke this authorization by notifying the above provider through its contract
representative, in writing, knowing that previously disclosed information would not be subject to my revocation
request. I understand that I may refuse to sign this authorization and that my refusal to sign will not affect my ability
to obtain services.
This authorization will expire one (1) year from date on which it is signed.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING AUTHORIZATION FOR
THE RELEASE OF RECORDS IS TRUE AND COMPLETE.
___________________________________
Signature
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me, an officer duly authorized in the State and County
aforesaid, to take acknowledgments this ____ day of ___________________, 2024, by
__________________________________________, who:
[ ]is personally known to me; or [ ] has produced a Florida Driver’s License No. _________________ as
identification; and who: [ ] did or [ ]did not take an oath.
___________________________________
NOTARY PUBLIC,
STATE OF
AT LARGE
My Commission Expires:
eFiled Lee County Clerk of Courts Page 3
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Filing # 196552619 E-Filed 04/19/2024 09:51:42 AM IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA BRITTNEY JOSEPH PAUL, CASE NO.: Plaintiff, vs. RICHARD A. GRANT and WHERRY TRUCK LINES INC., Defendants. _______________________________/ PLAINTIFF, FIRST REQUEST FOR PRODUCTION PROPOUNDED TO DEFENDANT, RICHARD A. GRANT COMES NOW, the Plaintiff, BRITTNEY JOSEPH PAUL, by and through undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, requests the Defendant, RICHARD A. GRANT, within 45 days, to produce for inspection, copying photographing the following documents, showing the defendant has possession, custody and/or control of each of the documents and that each constitutes evidence without which Plaintiff cannot safely proceed to trial: 1. Color copies of any and all photographs, drawings, graphs, charts, models, plats, motion pictures, video tapes, security videos, recordings or writings in the custody or possession of this Defendant and/or Defendant's agents, servants or attorneys, showing the scene of incident or accident in question and damage or injury to vehicles, objects and/or persons involved in this controversy or pertaining to any fact, or issue related to the instant litigation (including but not limited to dashcam video and/or audio of the accident itself). 2. Any and all property damage appraisals, estimates of repairs or other written evidence in Defendant's control which reflect the nature and extent of the damage, in monetary terms to the Defendant's motor vehicle. 3. Copies of any traffic or any other court transcripts involving the subject matter of the incident litigation. eFiled Lee County Clerk of Courts Page 1 4. Within the meaning and definitions in Florida rules of Civil Procedures, any statements of the Plaintiff, Plaintiff's agents and/or employees, Defendant, Defendant's agents and and/or employees; and of any independent witnesses, bearing on knowledge of facts relevant and material to the claims and defenses in the instant litigation. 5. Any and all medical reports regarding your condition of ill as a consequence of the subject accident. 6. Copies of any and all of insurance policies providing coverage, or that you contend may have covered you on the date of this accident; for losses of the type alleged in Plaintiff’s Complaint. 7. Copies of any and all documents which support the affirmative defenses in your answer to the complaint. 8. A copy of the title and registration for your vehicle involved in the subject accident. 9. A copy of your driver’s license. 10. Copies of your personal and work cellular phone records detailing the times of incoming and outgoing phone calls and text logs, for the day of the subject accident – September 6, 2023; or in the alternative, complete the attached limited in scope Authorization for Release of Phone Records. Please provide a properly executed authorization for any and all in your possession at the time of the subject accident. In support of this request, Plaintiff would show unto the Court that the above items contain or constitute material and relevant evidence to this cause and are unavailable to the Plaintiff and without which the Plaintiff cannot adequately and properly prepare this case. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon Defendant, RICHARD A. GRANT along with Summons and the Complaint in this action. FRIEDLAND & ASSOCIATES, P.A. By: /S/ Sara Schafer_____ Attorneys for Plaintiff Sara Schafer, Esq. 101 NE 3rd Avenue, Suite 1600 Florida Bar No.: 84455 Fort Lauderdale, Florida 33301 Lee Friedland, Esq. 954 321-8810; 954 321-8895 (facsimile) Florida Bar No.: 991163 Pleadings@friedlandlaw.com eFiled Lee County Clerk of Courts Page 2 AUTHORIZATION FOR THE RELEASE OF RECORDS TO: RE: Name: Wireless Phone No.: You are hereby authorized and directed to release to the law firm of: Friedland & Associates 101 NE 3rd Avenue, Suite 1600, Fort Lauderdale, FL 33301 Telephone: (954) 321-8810 - Facsimile: (954) 321-8995 THE FOLLOWING REQUEST: A LOG DISCLOSING THE TIMES OF ANY AND ALL OUTGOING AND INCOMING CALLS AND TEXT MESSAGES REGARDING WIRELESS TELEPHONE NUMBER _______________________ ON September 6, 2023. I understand that the information obtained may be re-disclosed by the person or group that I hereby give the above provider and its contract representatives permission to share my information with, and that my information would no longer be protected by the federal regulations. Therefore, I release the above provider, its workforce members, and its contract representatives from all liability arising from the disclosure of my information pursuant to this agreement. I understand that I may inspect or request copies of any information disclosed by this request for disclosure. I understand that I may revoke this authorization by notifying the above provider through its contract representative, in writing, knowing that previously disclosed information would not be subject to my revocation request. I understand that I may refuse to sign this authorization and that my refusal to sign will not affect my ability to obtain services. This authorization will expire one (1) year from date on which it is signed. UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING AUTHORIZATION FOR THE RELEASE OF RECORDS IS TRUE AND COMPLETE. ___________________________________ Signature STATE OF COUNTY OF The foregoing instrument was acknowledged before me, an officer duly authorized in the State and County aforesaid, to take acknowledgments this ____ day of ___________________, 2024, by __________________________________________, who: [ ]is personally known to me; or [ ] has produced a Florida Driver’s License No. _________________ as identification; and who: [ ] did or [ ]did not take an oath. ___________________________________ NOTARY PUBLIC, STATE OF AT LARGE My Commission Expires: eFiled Lee County Clerk of Courts Page 3