Stipulation,Agreement: Jesus Villeda , et al Plaintiff vs. Citizens Property Insurance Corporation Defendant

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                                Filing # 104510907 E-Filed 03/06/2020 10:07:55 PM

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO. CACE19021344 DIVISION 08 JUDGE David A Haimes

Jesus Villeda , et al
Plaintiff(s) / Petitioner(s)
Vv.
Citizens Property Insurance Corporation
Defendant(s) / Respondent(s)
/

AGREED ORDER ON DEFENDANT'S MOTION FOR PROTECTIVE ORDER

THIS CAUSE having come before the Court on the Parties’ Agreed Protective Order as
to the Deposition of Defendant's Designated Corporate Representative, with both parties being

in agreement, and the Court being duly advised, it is hereby:

ORDERED and ADJUDGED:

1. The Corporate Representative of Citizens Property Insurance Corporation (“Citizens”) shall
not testify about general claim handling administration, practice and procedures, consulting
experts, if any, and/or any information protected from disclosure by attorney/client and work
product privilege. However, he may testify regarding the handling of the subject claim, subject

to the above-stated privileges and those outlined below.

2. The Corporate Representative of Citizens shall only testify to the non-objectionable areas of

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/06/2020 10:09:01 PM.****CaseNo: CACE19021344
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inquiry outline in Plaintiffs Notice of Taking Deposition Duces Tecum of Defendant’s Corporate

Representative.

3. The Corporate Representative of Citizens shall not testify concerning the interpretation of
the insurance policy’s language. The construction of an insurance policy is a question of law to

be determined by the Court.

4. The Corporate Representative of Citizens shall appear with Citizens’ entire file for the sole

purpose of refreshing his recollection and to allow competent testimony at deposition.

5. The Claim File will not be produced to Plaintiff during the deposition. Defendant’s agreement
to bring the claim file to the deposition does not constitute a waiver that same is irrelevant to a
first party breach of contract action and protected by the work product, claim file and
attorney/client privileges. Further, Defendant's agreement does not waive any objections set
forth in its responses to the Plaintiffs discovery requests or any future challenge of assertion of

privilege by Plaintiff.

6. The Corporate representative shall not produce any documents reviewed in preparation for
his deposition that are included in the claim file, claim administration file, consulting expert
reports, and/or any information protected from disclosure by attorney/client, claim file, and

work product privileges.

7. The Corporate Representative of Citizens shall not testify to privileged information or
documents including the claim handling procedures, manuals, books, guidelines, the
underwriting file, and course materials, audio/video tapes, course work, and seminars

regarding determining property damage.

8. Defense counsel will provide all non-privileged documents to Plaintiff's counsel before theCaseNo: CACE19021344
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scheduled deposition.
DONE and ORDERED in Chambers, at Broward County, Florida on 03-06-2020.

  

CACE19021344 03-06-2020 9:46 AM
Hon. David A Haimes
CIRCUIT JUDGE
Electronically Signed by David A Haimes
Copies Furnished To:
Anthony M Lopez , E-mail : Eservice@mellawyers.com

Anthony M Lopez , E-mail : Mellaw7@mellawyers.com
Vida Momkus Jasaitis , E-mail : Viasaitis@rubintonlaw.com

Vida Momkus Jasaitis , E-mail : Pdesanti@rubintonlaw.com
Vida Momkus Jasaitis , E-mail : eservice@rubintonlaw.com