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Filing # 154547465 E-Filed 08/02/2022 04:34:32 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2021-CA-003164-AN
DIVISION: 20
CHARLES A. ANDERSON, III,
Plaintiff,
v.
THE ESTATE OF KENNETH ELTON NICHOLLS,
SCI SHARED RESOURCES, LLC,
a foreign corporation, and
S.E. CEMETERIES OF FLORIDA, LLC,
a Florida limited liability company d/b/a
GLEN HAVEN MEMORIAL PARK,
Defendants.
____________________________________/
DEFENDANT’S, ESTATE OF KENNETH ELTON NICHOLLS, RESPONSE AND
OBJECTIONS TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
Defendant, ESTATE OF KENNETH ELTON NICHOLLS, by and through undersigned
counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby responds to Plaintiff’s,
CHARLES A. ANDERSON, III, First Request for Production, and states as follows:
REQUEST NO. 1: Any and all statements obtained by you from the Plaintiff, any witnesses, or
any other individual pertaining to the crash which is the subject matter of this lawsuit.
RESPONSE: None.
REQUEST NO. 2: Any and all notes, investigative reports, memoranda, correspondences or
statements relevant to this crash/lawsuit that are not work product or attorney client privileged.
RESPONSE: None.
REQUEST NO. 3: Any and all photographs and/or videotapes in the possession of your insurance
carrier, your attorney, or yourself taken at the scene of the accident or of the vehicles involved in
the subject crash or of any party to this crash/lawsuit.
RESPONSE: None.
REQUEST NO. 4: Please provide a copy of the automobile insurance policy or other policies
including by not limited to excess, umbrella, underlying, CGL or other form of insurance that may
provide coverage to you and/or the vehicle involved in the accident, including the declaration page
as contemplated by Gira v. Wolfe, 115 So. 3d 414 (Fla. 2nd DCA 2013).
RESPONSE: See attached.
REQUEST NO. 5: Please provide each and every insurance agreement or policy, including
binders, under which an insurer may be liable to pay all or part of a judgment entered in this action.
RESPONSE: See attached.
REQUEST NO. 6: Any and all repair invoices, estimates and/or appraisals regarding the property
damage to any vehicle involved in this crash, which damage is alleged to have been caused in this
crash.
RESPONSE: None.
REQUEST NO. 7: Please provide copies of any statements you may have in your possession
which the Plaintiff may have made to anyone concerning the accident.
RESPONSE: None.
REQUEST NO. 8: Please provide all documentation that details, describes and/or confirms that
Kenneth Elton Nicholls was in the course and scope of his employment and/or furthering the
business interest of either Defendant, SCI SHARED RESOURCES, LLC or Defendant, S.E.
CEMETERIES, LLC at the time of the accident described in the instant Amended Complaint.
RESPONSE: None.
REQUEST NO. 9: Please provide copies of any and all expert reports which have been obtained
from any expert and if a report has not been prepared, the preparation of a report is hereby
requested.
RESPONSE: Unknown at this time, discovery is ongoing, but Defendant reserves the right
to disclose any testifying expert witnesses pursuant to the Court’s expert disclosure deadline.
REQUEST NO. 10: Please provide copies of any and all surveillance films, tapes, photographs,
activity records, neighborhood canvas’, etc. and the results thereof regarding the Plaintiff.
RESPONSE: Objection, this request seeks information and materials protected by the work
product doctrine. Any and all surveillance, if same is intended to be used at trial will be
disclosed pursuant to the Court Order Setting Trial and provided to Counsel.
REQUEST NO. 11: Please provide legible copies of any and all bills regarding surveillance of
Plaintiff.
RESPONSE: Objection, this request seeks information and materials protected by the work
product doctrine. Any and all surveillance, if same is intended to be used at trial will be
disclosed pursuant to the Court Order Setting Trial and provided to Counsel.
REQUEST NO. 12: Please provide legible copies of any and all reports regarding surveillance
of Plaintiff.
RESPONSE: Objection, this request seeks information and materials protected by the work
product doctrine. Any and all surveillance, if same is intended to be used at trial will be
disclosed pursuant to the Court Order Setting Trial and provided to Counsel.
REQUEST NO. 13: Please provide copies of the time log which the surveillance company was
following and/or watching the Plaintiff.
RESPONSE: Objection, this request seeks information and materials protected by the work
product doctrine. Any and all surveillance, if same is intended to be used at trial will be
disclosed pursuant to the Court Order Setting Trial and provided to Counsel.
REQUEST NO. 14: Please provide copies of any and all invoices paid for surveillance work
regarding the above referenced matter.
RESPONSE: Objection, this request seeks information and materials protected by the work
product doctrine. Any and all surveillance, if same is intended to be used at trial will be
disclosed pursuant to the Court Order Setting Trial and provided to Counsel.
REQUEST NO. 15: Please provide copies of any and all driving licenses or permits including
but not limited to chauffeur’s license, etc.
RESPONSE: None in Defendant’s possession.
REQUEST NO. 16: Any reports, records, documentation, indexes, logs, or other evidence which
indicate prior claims made by Plaintiff.
RESPONSE: Objection, Plaintiff is in the best position to obtain this information. Without
waiving this objection, none to date.
REQUEST NO. 17: A copy of any and all maintenance records for the Defendant’s vehicle
involved in this crash for the past three years.
RESPONSE: None in Defendant’s possession.
REQUEST NO. 18: A copy of Defendant’s cell phone records or any other document that details
any described in Plaintiff’s Interrogatory # 24 that was used the day of the subject accident.
RESPONSE: Objection, there is no Interrogatory # 24. Additionally, the request is not
narrowly tailored in scope and time. Further, the request is overbroad, burdensome, and
not directed at the discovery of admissible evidence.
REQUEST NO. 19: Copies of any photograph, video, facsimile or rendering of surveillance or
monitoring the Plaintiff.
RESPONSE: Objection, this request seeks information and materials protected by the work
product doctrine. Any and all surveillance, if same is intended to be used at trial will be
disclosed pursuant to the Court Order Setting Trial and provided to Counsel.
REQUEST NO. 20: Any and all documentation in any form whatsoever reflecting any claims
made for injuries or property damages by Plaintiff either prior to or subsequent to the accident at
issue in this cause, including but not limited to all Claims Index Bureau Information.
RESPONSE: Objection, Plaintiff is in the best position to obtain this information. Without
waiving this objection, none to date.
REQUEST NO. 21: Documentation received from the Claims Index Bureau or other similar
service.
RESPONSE: Objection, Plaintiff is in the best position to obtain this information. Without
waiving this objection, none to date.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on August 2, 2022, pursuant to Fla.R.Jud.Admin. 2.516, a
true and correct copy of the foregoing was electronically filed with the Clerk of Court via the
Florida Courts eFiling Portal, which will send a copy via electronic mail to all Counsel of Record.
WEINBERG, WHEELER,
HUDGINS, GUNN & DIAL, LLC
/s/ Lawrence E. Burkhalter
LAWRENCE E. BURKHALTER, ESQ.
Florida Bar No.: 0186104
JOSE O. DE LA CRUZ, ESQ.
Florida Bar No.: 1005862
3350 Virginia Street, Suite 500
Miami, Florida 33133
Telephone: (305) 455-9500
Facsimile: (305) 455-9501
E-Mail: lburkhalter@wwhgd.com
jdelacruz@wwhgd.com
jstafford@wwhgd.com
arezende@wwhgd.com
ahayes@wwhgd.com
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Filing # 154547465 E-Filed 08/02/2022 04:34:32 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2021-CA-003164-AN DIVISION: 20 CHARLES A. ANDERSON, III, Plaintiff, v. THE ESTATE OF KENNETH ELTON NICHOLLS, SCI SHARED RESOURCES, LLC, a foreign corporation, and S.E. CEMETERIES OF FLORIDA, LLC, a Florida limited liability company d/b/a GLEN HAVEN MEMORIAL PARK, Defendants. ____________________________________/ DEFENDANT’S, ESTATE OF KENNETH ELTON NICHOLLS, RESPONSE AND OBJECTIONS TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Defendant, ESTATE OF KENNETH ELTON NICHOLLS, by and through undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby responds to Plaintiff’s, CHARLES A. ANDERSON, III, First Request for Production, and states as follows: REQUEST NO. 1: Any and all statements obtained by you from the Plaintiff, any witnesses, or any other individual pertaining to the crash which is the subject matter of this lawsuit. RESPONSE: None. REQUEST NO. 2: Any and all notes, investigative reports, memoranda, correspondences or statements relevant to this crash/lawsuit that are not work product or attorney client privileged. RESPONSE: None. REQUEST NO. 3: Any and all photographs and/or videotapes in the possession of your insurance carrier, your attorney, or yourself taken at the scene of the accident or of the vehicles involved in the subject crash or of any party to this crash/lawsuit. RESPONSE: None. REQUEST NO. 4: Please provide a copy of the automobile insurance policy or other policies including by not limited to excess, umbrella, underlying, CGL or other form of insurance that may provide coverage to you and/or the vehicle involved in the accident, including the declaration page as contemplated by Gira v. Wolfe, 115 So. 3d 414 (Fla. 2nd DCA 2013). RESPONSE: See attached. REQUEST NO. 5: Please provide each and every insurance agreement or policy, including binders, under which an insurer may be liable to pay all or part of a judgment entered in this action. RESPONSE: See attached. REQUEST NO. 6: Any and all repair invoices, estimates and/or appraisals regarding the property damage to any vehicle involved in this crash, which damage is alleged to have been caused in this crash. RESPONSE: None. REQUEST NO. 7: Please provide copies of any statements you may have in your possession which the Plaintiff may have made to anyone concerning the accident. RESPONSE: None. REQUEST NO. 8: Please provide all documentation that details, describes and/or confirms that Kenneth Elton Nicholls was in the course and scope of his employment and/or furthering the business interest of either Defendant, SCI SHARED RESOURCES, LLC or Defendant, S.E. CEMETERIES, LLC at the time of the accident described in the instant Amended Complaint. RESPONSE: None. REQUEST NO. 9: Please provide copies of any and all expert reports which have been obtained from any expert and if a report has not been prepared, the preparation of a report is hereby requested. RESPONSE: Unknown at this time, discovery is ongoing, but Defendant reserves the right to disclose any testifying expert witnesses pursuant to the Court’s expert disclosure deadline. REQUEST NO. 10: Please provide copies of any and all surveillance films, tapes, photographs, activity records, neighborhood canvas’, etc. and the results thereof regarding the Plaintiff. RESPONSE: Objection, this request seeks information and materials protected by the work product doctrine. Any and all surveillance, if same is intended to be used at trial will be disclosed pursuant to the Court Order Setting Trial and provided to Counsel. REQUEST NO. 11: Please provide legible copies of any and all bills regarding surveillance of Plaintiff. RESPONSE: Objection, this request seeks information and materials protected by the work product doctrine. Any and all surveillance, if same is intended to be used at trial will be disclosed pursuant to the Court Order Setting Trial and provided to Counsel. REQUEST NO. 12: Please provide legible copies of any and all reports regarding surveillance of Plaintiff. RESPONSE: Objection, this request seeks information and materials protected by the work product doctrine. Any and all surveillance, if same is intended to be used at trial will be disclosed pursuant to the Court Order Setting Trial and provided to Counsel. REQUEST NO. 13: Please provide copies of the time log which the surveillance company was following and/or watching the Plaintiff. RESPONSE: Objection, this request seeks information and materials protected by the work product doctrine. Any and all surveillance, if same is intended to be used at trial will be disclosed pursuant to the Court Order Setting Trial and provided to Counsel. REQUEST NO. 14: Please provide copies of any and all invoices paid for surveillance work regarding the above referenced matter. RESPONSE: Objection, this request seeks information and materials protected by the work product doctrine. Any and all surveillance, if same is intended to be used at trial will be disclosed pursuant to the Court Order Setting Trial and provided to Counsel. REQUEST NO. 15: Please provide copies of any and all driving licenses or permits including but not limited to chauffeur’s license, etc. RESPONSE: None in Defendant’s possession. REQUEST NO. 16: Any reports, records, documentation, indexes, logs, or other evidence which indicate prior claims made by Plaintiff. RESPONSE: Objection, Plaintiff is in the best position to obtain this information. Without waiving this objection, none to date. REQUEST NO. 17: A copy of any and all maintenance records for the Defendant’s vehicle involved in this crash for the past three years. RESPONSE: None in Defendant’s possession. REQUEST NO. 18: A copy of Defendant’s cell phone records or any other document that details any described in Plaintiff’s Interrogatory # 24 that was used the day of the subject accident. RESPONSE: Objection, there is no Interrogatory # 24. Additionally, the request is not narrowly tailored in scope and time. Further, the request is overbroad, burdensome, and not directed at the discovery of admissible evidence. REQUEST NO. 19: Copies of any photograph, video, facsimile or rendering of surveillance or monitoring the Plaintiff. RESPONSE: Objection, this request seeks information and materials protected by the work product doctrine. Any and all surveillance, if same is intended to be used at trial will be disclosed pursuant to the Court Order Setting Trial and provided to Counsel. REQUEST NO. 20: Any and all documentation in any form whatsoever reflecting any claims made for injuries or property damages by Plaintiff either prior to or subsequent to the accident at issue in this cause, including but not limited to all Claims Index Bureau Information. RESPONSE: Objection, Plaintiff is in the best position to obtain this information. Without waiving this objection, none to date. REQUEST NO. 21: Documentation received from the Claims Index Bureau or other similar service. RESPONSE: Objection, Plaintiff is in the best position to obtain this information. Without waiving this objection, none to date. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on August 2, 2022, pursuant to Fla.R.Jud.Admin. 2.516, a true and correct copy of the foregoing was electronically filed with the Clerk of Court via the Florida Courts eFiling Portal, which will send a copy via electronic mail to all Counsel of Record. WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC /s/ Lawrence E. Burkhalter LAWRENCE E. BURKHALTER, ESQ. Florida Bar No.: 0186104 JOSE O. DE LA CRUZ, ESQ. Florida Bar No.: 1005862 3350 Virginia Street, Suite 500 Miami, Florida 33133 Telephone: (305) 455-9500 Facsimile: (305) 455-9501 E-Mail: lburkhalter@wwhgd.com jdelacruz@wwhgd.com jstafford@wwhgd.com arezende@wwhgd.com ahayes@wwhgd.com