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Filing # 199043478 E-Filed 05/23/2024 11:54:33 AM DIN: 7
IN THE CIRCUIT COURT OF THE 6TH
JUDICIAL CIRCUIT IN AND FOR PASCO
COUNTY, FLORIDA
SARAH MARTINEZ,
Case No.:
Plaintiff,
Vv.
JULIA LINES and DOUGLAS LINES,
Defendants.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
TO DEFENDANT, DOUGLAS LINES
Plaintiff, SARAH MARTINEZ, by and through undersigned counsel, files this First
Request for Production, pursuant to Fla.R.Civ.P. 1.280 and 1.350, and requests
Defendant, DOUGLAS LINES, to produce the following items in accordance with the
applicable Rules.
INTRODUCTION & DEFINITIONS
A These requests are directed toward all documents and information known or
available to Defendant, including information contained in the records and documents in
Defendant's custody or control or available to Defendant upon reasonable inquiry. Where
requested documents do not exist, please state that the document does not exist.
B Each request for production of documents is to be deemed a continuing one.
If, after serving any requested document, Defendant obtains any further documentation
pertaining to that request for production, Defendant is requested to serve a supplemental
answer setting forth copies of additional documents.
Cc All documents produced pursuant hereto are to be produced as they are kept
in the usual course of business or shall be organized and labeled (without permanently
marking the item produced) so as to correspond with the categories of each numbered
request hereof.
D "You" or "Your" refers to the Person (as defined below) to whom this request
is addressed, including his/her/its employees, agents, servants, subsidiaries, parent
company, affiliated company, and other persons acting for or in concert with or purporting
to act on the Defendant's behalf, including your Representative (as defined below).
Electronically Filed Pasco Case # 2024CA001418CAAXWS 05/23/2024 11:54:33 AM
E “Defendant” shall mean DOUGLAS LINES,, and includes all nicknames,
pseudonyms and/or misnomers in any papers or documents referencing the defendant or
any liability or obligation attributable to them.
F "Plaintiff shall mean SARAH MARTINEZ.
G “Person” means any natural individual in any capacity whatsoever or any
entity or organization, including divisions, departments, and other units herein, and shall
include, but not be limited to, public or private corporations, partnerships, joint ventures,
voluntary or unincorporated associations, organizations, proprietorships, trusts, estates,
governmental agencies, commissions, bureaus, or departments, and the agents, servants,
and employees of same.
H “Representative” means any and all agents, employees, servants, officers,
directors, attorneys, or other persons acting or purporting to act on behalf of the person
in question, including insurance company employees.
| If you object to providing any discovery or fail to fully provide, or fail to
provide any production on the grounds of privilege or protection of trial preparation
material, you are required to:
a Make the claim directly;
b. Describe the nature of the documents, communications, or things not
produced or disclosed in a manner that, without revealing information
itself privileged or protected, will enable the party propounding this
Request for Production to assess the applicability of the privilege or
protection.
In any of the documents encompassed by the attached request for
production of documents is/are deemed by you to be privileged,
furnish all non-privileged documents.
J When appropriate, the singular form of a word should be interpreted in the
plural as may be necessary to bring within the scope hereof any documents which might
otherwise be construed to be outside the scope thereof.
K "Document(s)" or "Writing(s)" shall be deemed to include every record of
every type, and is used in the broadest sense and includes any medium upon which
intelligence or information can be recorded and further includes, but is not limited to, all
originals, nonidentical copies and drafts of the following items, whether printed,
handwritten, typed, recorded, sent, received or stored via electronic or digital means or
device, or reproduced by hand, including without limitation correspondence, memoranda,
e-mails, texts, invoices, receipts, records, ledger cards or other accounting records,
voucher, check, shop order, diary, calendar, instruction, summaries of personal
conversations or interviews, minutes or records of meetings or conferences, transcripts,
opinions or reports of consultants, projections, drafts, contracts, agreements,
confirmations, statistical statements, studies, telegrams, telexes, books, notes, reports,
logs, diaries, audio and /or video recordings, data compilations from which information can
be obtained, charts, photographs, notebooks, drawings, plan, printed materials or any kind,
charts and interoffice communications, and any other writing of whatever description,
including but not limited to any information contained in any computer (whether stored on
a physical drive or in a cloud or virtual storage space), signed or unsigned, regardless of
whether approved, signed, sent received, redrafted, or executed, study, work paper,
handwritten note, draft, chart, paper, print, laboratory record, drawing sketch, diagram,
form graph, index, list, tape, photograph, microfilm, data sheet, data processing card, or
any other written, recorded, transcribed, punched, taped, filmed, or graphic matter,
however produced and reproduced.
L Each draft, final document, original, reproduction, and each signed and
unsigned document and every additional copy of such document where such copy contains
any commentary, note, notation or other change whatsoever that does not appear on the
original or on the copy of the one document produced shall be deemed and considered to
constitute a separate document.
M “Communication non
, communications", "correspondence" includes every
manner or means of disclosure, transfer, or exchange of information, and every disclosure,
transfer or exchange of information or opinion, whether orally or by document or whether
face-to-face, by telephone, mail, personal delivery, text message, email, or otherwise.
N As used in these requests, any references indicating the use of masculine
or feminine and any references indicating the use of singular or plural, shall be used
interchangeably.
° The term "subject accident” as used herein, refers to the motor vehicle
accident giving rise to this action and described in Plaintiffs Complaint.
P The words "and" and "or" as used herein shall be construed either
disjunctively or conjunctively as required by the context to bring within the scope of these
interrogatories any answer that might be deemed outside their scope by another
construction.
Q "Relating to" means containing, constituting, considering, comprising,
concerning, discussing, regarding, describing, reflecting, studying, commenting or
reporting on, mentioning, analyzing, or referring, alluding, or pertaining to, in whole or in
part.
R "Identify" or "identity" means to state or a statement of:
a) in the case of a person other than a natural person, its name, the
address of its principal place of business (including zip code), its
telephone number, and the name of its chief executive officer, as well
as, if it has a person other than a natural person that ultimately
controls it, that other person's name, the address of that person's
principal place of business (including zip code), that other person's
telephone number, and the name of that other person's chief
executive officer;
b) in the case of a natural person, his or her name, business address
and telephone number, employer, and title or position;
c) in the case of a communication, its date, type (e.g., telephone
conversation or discussion), the place where it occurred, the identity
of the person who made the communication, the identity of the person
who received the communication, the identity of each other person
when it was made, and the subject matter discussed;
qd) in the case of a document, the title of the document, the author, the
title or position of the author, the addressee, each recipient, the type
of document, the subject matter, the date of preparation, and its
number of pages; and
e) in the case of an agreement, its date, the place where it occurred, the
identity of all persons who were parties to the agreement, the identity
of each person who has knowledge of the agreement and all other
persons present when it was made, and the subject matter of the
agreement.
Ss "Including" shall have its ordinary meaning and shall mean "including but not
limited to" and shall not indicate limitation to the examples or items mentioned.
T
References to the "subject vehicle" shall mean the 2020 Honda CRV
described in the Complaint and allegedly owned by DOUGLAS LINES.
REQUESTED DOCUMENTS
1
All documents, including any titles, rental agreements, lease agreements,
registrations, insurance documents, or any other documents relating to the legal or
equitable interest in the subject vehicle.
2 All documents relating to the damage sustained to any of the vehicles
involved in the subject accident, including property damage estimates, property damage
reimbursement drafts, appraisals, payments of property damage claim(s), repair bills, and
supplemental estimates.
3 All photographs and recordings, whether in hard copy or electronic format,
of any motor vehicle involved in the subject accident.
4 All photographs, recordings, drawings, schematics, or renderings, whether
in hard copy or electronic format, of the scene of the subject accident, whether
taken/created before or after the accident.
5 All documents and recordings of any statements of the Plaintiff.
6 All documents and recordings of any statements obtained from any person
or potential witness relating to the subject accident and the allegations of the Complaint.
7 All incident reports, police reports or any other documents prepared
contemporaneously with and related to the subject accident.
8 A clear and legible color copy of the front and back of your driver's license
as of the date of the subject accident. If that driver's license, or copies of it, no longer
exist, please provide the front and back of your most recent driver's license.
9 All insurance policies, including liability, excess, umbrella, and the like,
including the declaration page or face sheet showing the dollar limits of coverage, that
provide insurance coverage, or that may provide insurance coverage, for the injuries and
damages the Plaintiff has sustained, as more fully set forth in the Complaint.
10. All documents, recordings or photographs of any kind, in any format, related
to surveillance or investigation of Plaintiff.
11. All documents reflecting any settlement with any other person, firm or
corporation arising out of the subject accident.
12. All reports made by, for, or on behalf of any expert witness employed by the
Defendant, his attorneys or other representatives, relating to subject accident.
13. Any medical records of the Plaintiff which are in the Defendant's possession,
custody and/or control, as well as the Defendant's agents, employees, and
representatives.
14. A copy of any PIP logs created under your automobile insurance policy as
a result of the subject accident.
15. The Engine Control Module ("ECM") and/or "black box data," taken from
Defendant's motor vehicle(s) involved in the subject accident, for the two hours before and
two hours after the subject accident.
16. Acomplete copy of any and all printouts and copies of any and all electronic
files of data imaged (i.e., downloaded) from any and all Event Data Recorders (EDR),
relating to any of the motor vehicles involved in the subject accident. An EDR means a
device or electronic function in a vehicle, whether in the vehicle, or operating remotely,
that records any vehicle or occupant-based data just prior to or during a crash, such that
the data can be retrieved after the crash.
DATED this 23" day of May, 2024.
THE BERMAN LAW GROUP
Attorneys for Plaintiff
Post Office Box 272789
Boca Raton, Florida 33427
Telephone: (561) 826-5200
Facsimile: (561) 826-5201
By: /s/Adam Storm Chess
Adam Storm Chess, Esq.
Florida Bar No.: 109416
service@thebermanlawgroup.com
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Filing # 199043478 E-Filed 05/23/2024 11:54:33 AM DIN: 7 IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA SARAH MARTINEZ, Case No.: Plaintiff, Vv. JULIA LINES and DOUGLAS LINES, Defendants. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT, DOUGLAS LINES Plaintiff, SARAH MARTINEZ, by and through undersigned counsel, files this First Request for Production, pursuant to Fla.R.Civ.P. 1.280 and 1.350, and requests Defendant, DOUGLAS LINES, to produce the following items in accordance with the applicable Rules. INTRODUCTION & DEFINITIONS A These requests are directed toward all documents and information known or available to Defendant, including information contained in the records and documents in Defendant's custody or control or available to Defendant upon reasonable inquiry. Where requested documents do not exist, please state that the document does not exist. B Each request for production of documents is to be deemed a continuing one. If, after serving any requested document, Defendant obtains any further documentation pertaining to that request for production, Defendant is requested to serve a supplemental answer setting forth copies of additional documents. Cc All documents produced pursuant hereto are to be produced as they are kept in the usual course of business or shall be organized and labeled (without permanently marking the item produced) so as to correspond with the categories of each numbered request hereof. D "You" or "Your" refers to the Person (as defined below) to whom this request is addressed, including his/her/its employees, agents, servants, subsidiaries, parent company, affiliated company, and other persons acting for or in concert with or purporting to act on the Defendant's behalf, including your Representative (as defined below). Electronically Filed Pasco Case # 2024CA001418CAAXWS 05/23/2024 11:54:33 AM E “Defendant” shall mean DOUGLAS LINES,, and includes all nicknames, pseudonyms and/or misnomers in any papers or documents referencing the defendant or any liability or obligation attributable to them. F "Plaintiff shall mean SARAH MARTINEZ. G “Person” means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, and other units herein, and shall include, but not be limited to, public or private corporations, partnerships, joint ventures, voluntary or unincorporated associations, organizations, proprietorships, trusts, estates, governmental agencies, commissions, bureaus, or departments, and the agents, servants, and employees of same. H “Representative” means any and all agents, employees, servants, officers, directors, attorneys, or other persons acting or purporting to act on behalf of the person in question, including insurance company employees. | If you object to providing any discovery or fail to fully provide, or fail to provide any production on the grounds of privilege or protection of trial preparation material, you are required to: a Make the claim directly; b. Describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable the party propounding this Request for Production to assess the applicability of the privilege or protection. In any of the documents encompassed by the attached request for production of documents is/are deemed by you to be privileged, furnish all non-privileged documents. J When appropriate, the singular form of a word should be interpreted in the plural as may be necessary to bring within the scope hereof any documents which might otherwise be construed to be outside the scope thereof. K "Document(s)" or "Writing(s)" shall be deemed to include every record of every type, and is used in the broadest sense and includes any medium upon which intelligence or information can be recorded and further includes, but is not limited to, all originals, nonidentical copies and drafts of the following items, whether printed, handwritten, typed, recorded, sent, received or stored via electronic or digital means or device, or reproduced by hand, including without limitation correspondence, memoranda, e-mails, texts, invoices, receipts, records, ledger cards or other accounting records, voucher, check, shop order, diary, calendar, instruction, summaries of personal conversations or interviews, minutes or records of meetings or conferences, transcripts, opinions or reports of consultants, projections, drafts, contracts, agreements, confirmations, statistical statements, studies, telegrams, telexes, books, notes, reports, logs, diaries, audio and /or video recordings, data compilations from which information can be obtained, charts, photographs, notebooks, drawings, plan, printed materials or any kind, charts and interoffice communications, and any other writing of whatever description, including but not limited to any information contained in any computer (whether stored on a physical drive or in a cloud or virtual storage space), signed or unsigned, regardless of whether approved, signed, sent received, redrafted, or executed, study, work paper, handwritten note, draft, chart, paper, print, laboratory record, drawing sketch, diagram, form graph, index, list, tape, photograph, microfilm, data sheet, data processing card, or any other written, recorded, transcribed, punched, taped, filmed, or graphic matter, however produced and reproduced. L Each draft, final document, original, reproduction, and each signed and unsigned document and every additional copy of such document where such copy contains any commentary, note, notation or other change whatsoever that does not appear on the original or on the copy of the one document produced shall be deemed and considered to constitute a separate document. M “Communication non , communications", "correspondence" includes every manner or means of disclosure, transfer, or exchange of information, and every disclosure, transfer or exchange of information or opinion, whether orally or by document or whether face-to-face, by telephone, mail, personal delivery, text message, email, or otherwise. N As used in these requests, any references indicating the use of masculine or feminine and any references indicating the use of singular or plural, shall be used interchangeably. ° The term "subject accident” as used herein, refers to the motor vehicle accident giving rise to this action and described in Plaintiffs Complaint. P The words "and" and "or" as used herein shall be construed either disjunctively or conjunctively as required by the context to bring within the scope of these interrogatories any answer that might be deemed outside their scope by another construction. Q "Relating to" means containing, constituting, considering, comprising, concerning, discussing, regarding, describing, reflecting, studying, commenting or reporting on, mentioning, analyzing, or referring, alluding, or pertaining to, in whole or in part. R "Identify" or "identity" means to state or a statement of: a) in the case of a person other than a natural person, its name, the address of its principal place of business (including zip code), its telephone number, and the name of its chief executive officer, as well as, if it has a person other than a natural person that ultimately controls it, that other person's name, the address of that person's principal place of business (including zip code), that other person's telephone number, and the name of that other person's chief executive officer; b) in the case of a natural person, his or her name, business address and telephone number, employer, and title or position; c) in the case of a communication, its date, type (e.g., telephone conversation or discussion), the place where it occurred, the identity of the person who made the communication, the identity of the person who received the communication, the identity of each other person when it was made, and the subject matter discussed; qd) in the case of a document, the title of the document, the author, the title or position of the author, the addressee, each recipient, the type of document, the subject matter, the date of preparation, and its number of pages; and e) in the case of an agreement, its date, the place where it occurred, the identity of all persons who were parties to the agreement, the identity of each person who has knowledge of the agreement and all other persons present when it was made, and the subject matter of the agreement. Ss "Including" shall have its ordinary meaning and shall mean "including but not limited to" and shall not indicate limitation to the examples or items mentioned. T References to the "subject vehicle" shall mean the 2020 Honda CRV described in the Complaint and allegedly owned by DOUGLAS LINES. REQUESTED DOCUMENTS 1 All documents, including any titles, rental agreements, lease agreements, registrations, insurance documents, or any other documents relating to the legal or equitable interest in the subject vehicle. 2 All documents relating to the damage sustained to any of the vehicles involved in the subject accident, including property damage estimates, property damage reimbursement drafts, appraisals, payments of property damage claim(s), repair bills, and supplemental estimates. 3 All photographs and recordings, whether in hard copy or electronic format, of any motor vehicle involved in the subject accident. 4 All photographs, recordings, drawings, schematics, or renderings, whether in hard copy or electronic format, of the scene of the subject accident, whether taken/created before or after the accident. 5 All documents and recordings of any statements of the Plaintiff. 6 All documents and recordings of any statements obtained from any person or potential witness relating to the subject accident and the allegations of the Complaint. 7 All incident reports, police reports or any other documents prepared contemporaneously with and related to the subject accident. 8 A clear and legible color copy of the front and back of your driver's license as of the date of the subject accident. If that driver's license, or copies of it, no longer exist, please provide the front and back of your most recent driver's license. 9 All insurance policies, including liability, excess, umbrella, and the like, including the declaration page or face sheet showing the dollar limits of coverage, that provide insurance coverage, or that may provide insurance coverage, for the injuries and damages the Plaintiff has sustained, as more fully set forth in the Complaint. 10. All documents, recordings or photographs of any kind, in any format, related to surveillance or investigation of Plaintiff. 11. All documents reflecting any settlement with any other person, firm or corporation arising out of the subject accident. 12. All reports made by, for, or on behalf of any expert witness employed by the Defendant, his attorneys or other representatives, relating to subject accident. 13. Any medical records of the Plaintiff which are in the Defendant's possession, custody and/or control, as well as the Defendant's agents, employees, and representatives. 14. A copy of any PIP logs created under your automobile insurance policy as a result of the subject accident. 15. The Engine Control Module ("ECM") and/or "black box data," taken from Defendant's motor vehicle(s) involved in the subject accident, for the two hours before and two hours after the subject accident. 16. Acomplete copy of any and all printouts and copies of any and all electronic files of data imaged (i.e., downloaded) from any and all Event Data Recorders (EDR), relating to any of the motor vehicles involved in the subject accident. An EDR means a device or electronic function in a vehicle, whether in the vehicle, or operating remotely, that records any vehicle or occupant-based data just prior to or during a crash, such that the data can be retrieved after the crash. DATED this 23" day of May, 2024. THE BERMAN LAW GROUP Attorneys for Plaintiff Post Office Box 272789 Boca Raton, Florida 33427 Telephone: (561) 826-5200 Facsimile: (561) 826-5201 By: /s/Adam Storm Chess Adam Storm Chess, Esq. Florida Bar No.: 109416 service@thebermanlawgroup.com