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Filing # 81071601 E-Filed 11/20/2018 03:11:25 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
RONALD VOHS, CASE NO. : CACE 17-007673
Plaintiff,
-vs-
JOSIMAR’S CLEANING SERVICES
CORP.,USA BR GENERAL SERVICES
CORP., INDUSTRIAL CABLE
COMMUNICATIONS SERVICES INC.,
and COMCAST CORPORATION,
Defendants.
/
PLAINTIFF'S PRETRIAL REQUEST TO PRODUCE
Plaintiff, RONALD VOHS, by and through undersigned counsel and pursuant to
Fla.R.Civ.P. 1.350, requests that Defendants, JOSIMAR’S CLEANING SERVICES
CORP.,USA BR GENERAL SERVICES CORP., INDUSTRIAL CABLE COMMUNICATIONS
SERVICES INC.,and COMCAST CORPORATION, produce at the office of the
undersigned, for inspection and/or copying the following within thirty (30) days of this
request.
DEFINITIONS
a. The term "you" and "yours" shall mean the Responding Party and shall
include Responding Party and all persons, corporations, partnerships, or
other associations acting as agents for or on behalf of the Responding Party.
b. The term "person" shall mean and include natural persons, corporations,
partnerships, governmental entities, and any and all other forms of
organization and agreement, in addition to any officer, director, consultant,
advisor (legal or otherwise), stockholder, employee, agent or partner thereof.
c. The term "document" shall mean any kind of written or graphic matter,
however produced or reproduced, of any kind or description, whether sent or
received by the Plaintiffs or neither, including originals, copies or drafts and
both sides thereof, and including but not limited to: papers, books, letters,
correspondence, telegrams, cables, telex messages, memoranda, notes,
notations, work papers, inter-office or internal memoranda, transcripts,
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/20/2018 3:11:25 PM.****minutes, reports and recordings of telephone or other conversations, or of
interviews, or of conferences, or other meetings, affidavits, subpoenas,
notices, statements, summaries, opinions, reports, studies, analysis,
evaluations, contracts, agreements, journals, statistical records, desk
calendars, appointment books, diaries, lists, tabulations, sound recordings,
newspaper articles and advertisements, vide taped recordings, photographs,
computer print-outs, data processing input and output, microfilms, and other
records kept by electronic, photographic or other mechanical means, minutes
of meetings of board of directors, executive committees, or any other writings
or recordings similar to any of the foregoing, however denominated by the
Responding Party or its present or former partners, attorneys, counsel,
accountants, auditors, agents, employees and all persons acting or previously
acting on its behalf. The term "document" includes all of the above materials,
whether asserted privileged or not.
The use of a verb in any tense shall be construed as the use of a verb in all
other tenses, whenever necessary to bring within the scope of the
specification all responses which might otherwise be construed to be outside
its scope.
Terms in the singular include the plural and terms in the plural include the
singular.
The term "relating to" as used herein is defined to mean referring to,
evidencing, pertaining to, consisting of, reflecting, concerning or in any way
logically or factually connected with the matter discussed.
“And" as well as "or" shall be construed either disjunctively or conjunctively
as necessary to bring within the scope of the specification all responses which
might otherwise be construed to be outside its scope. "Each" and "every"
shall be construed synonymously, as shall the words "any" and "all".
INSTRUCTIONS
Time Period - Unless otherwise indicated, all requested documents shall be
produced for the period of January 1, 2008 to the present date.
Manner of Production - Documents produced pursuant to this request shall
be separately produced for each paragraph of this request, or, in the
alternative, shall be identified as complying with the particular paragraph or
paragraphs of the request to which they are responsive, if the documents
produced for inspection are produced as they are kept in the usual course of
business.
Privileged Documents - In the event the responding party wishes to assert
attorney/client privilege, work product exclusion or any other privilege as to
any document requested, then as to each such document subject to such
assertion, the responding party shall provide an identification of thedocument, including (a) the nature of the document, (b) the date of the
document, and (c) the author, sender, and recipient, together with a summary
statement of the subject matter of such document in sufficient detail to permit
the Court to reach a ruling in the event of a motion to compel and an
indication of the factual and legal basis for the assertion of the privilege.
d. Documents Not in Possession, Custody or Control - If you are unable to
produce any document requested, state the reasons why you are unable to
produce such document. A negative response to any request without further
explanation will be deemed to be your response that the requested document
is not in your possession, custody or control, as interpreted by controlling
case law.
e. Documents No Longer in Possession, Custody. or Control -
With respect to documents of which the Plaintiffs once had possession,
custody or control, but no longer has possession, custody or control, please
identify the document and state why the document is no longer in the
Plaintiffs' possession, custody or control and identify the person who currently
has possession, custody or control of the documents.
Surveillance
1. All correspondence by and between counsel for Defendant/s and all experts
in this matter. Also all letters, documents, bills, invoices, photographs, video tapes, reports,
records, notes, x-rays, CT scans and MRI films prepared by or reviewed by your experts.
2. Any surveillance, video, of the Plaintiff or depicting the Plaintiff in raw,
unedited form.
3. Any and all "surveillance" or films, video tapes, movies, photograph, still,
voice, digital or other recording ,or the like of Plaintiff(s), or any movies, video tapes,
photographs, or surveillance films of the Plaintiff(s), taken from the date of the accident to
the date of the response to this Supplemental Request to Produce. (Dodson v. Persell, 390
So.2nd 704 (FL 1980).
4. Any and all cancelled checks or invoices indicating the amount paid for
surveillance of Plaintiff.
5. Any and all Surveillance Notes (not reports) regarding Plaintiff.
6. If you have shown the film to any of your CME Doctors, please produce the
transmittal letter to that doctor and any films, photographs, DVD's or other surveillance
materials given to them.
7. Copies of all written rules or standards used by the person taking the
surveillance that govern the taking of surveillance films.
8. Any and all instructions given to the person taking the surveillance of Plaintiff(written instructions).
9. Copies of any and all depositions taken in any other action or in this action of
the person or persons who may testify or are/is expected to testify in your behalf as any
other kind of expert witness.
10. Copies of all photographs, diagrams, surveys, plats or other like materials, or
any and all tangible matters or items relied upon or reviewed by any other kind of expert
witness who may testify or are/is expected to testify in the formation of his/her opinion or
in the process of review for the formation of his/her opinion.
11. Copies of any and all curriculum vitaes in your possession, custody or control
in this case or in your possession, custody and control as to any other case or cases of any
kind of expert witness who may testify or are/is expected to testify.
12. Anyand all reports rendered by experts applicable to any and all issues in this
case, both non-medical and medical experts that are expected to testify at trial. (see Mims
v. Casademont, 464 So.2nd 643 (Fla. 3d DCA 1985)).
13. Any and all written or recorded statements taken from the Plaintiff.
14. | Anyand all photographs, charts or other documentary evidence of the scene,
parties, and, if applicable, vehicles, products, or items present at, involved with, contained
in or pertaining to the subject incident, occurrence, or issues in this cause which have not
been previously produced. (Dodson v. Persell, 390 So.2nd 704 (Fla. 1980)).
Expert
15. Each and every article, treatise, book, study, chapter, page, paper, study,
other document, tangible evidence including electronically stored evidence in tangible form,
or other similar source of information considered or reviewed by your expert or upon which
your expert relied in evaluating, investigating or formulating his or her opinions in connection
with this matter.
16. Eachand every article, treatise, chapter, page, paper, study, other document
or tangible evidence including electronically stored evidence in tangible form, furnished or
made available to your expert in connection with this matter.
17. Any other information reviewed by each expert in connection with this case.
18. All documents or tangible items of whatsoever nature pertaining to the
following:
a. The scope of your employment of expert witnesses in this case an the
compensation for such service.
b. The general litigation experience of your expert witnesses in this case,
including the percentage of work performed for plaintiffs and
defendants.c. The identify of other insurance claims or legal actions in which each of
your expert witnesses rendered opinions or evaluations during the last
three years. (If you have identified a medical expert witness, you are
not requested to identify instances where said expert witness provided
treatment to a patient.)
d. The identity of other cases in which each of your expert witnesses in
this case have testified by deposition or at trial during the last three
years.
e. An approximation of the portion of the expert's involvement as an
expert witness, which may be based on the number of hours,
percentage of hours, or percentage of earned income derived from
serving as an expert witness.
19. Your expert witnesses’ most current curriculum vitae or resume.
20. All writings setting forth the opinions or observations of your expert witnesses
in this case.
21. Each and every document created by your expert in connection with this
matter.
22. Allarticles, books, papers, manuals, studies or similar documents both formal
and informal, written by your expert(s) or to which your expert(s) contributed.
23. Each and every communication by you with said expert(s).
24. Any opinions which were revised or modified.
25. All written reports or opinions relative to the subject matter of this case
26. A fee schedule for each and every expert.
27. If the expert intends to opine regarding the reasonableness of medical
expenses, a copy of that expert's fee schedule for all similar procedures to which the expert
intends to opine.
28. Acopy of all payments made to said expert(s) by you, your attorneys or your
insurance company during the past three years.
29. Copies of all orders pertaining to your expert(s) including any based on
Motions to limit or bar their opinions or work including but not limited to those orders related
to Frye or Daubert.
30. Each and every exhibit you may use at trial.31. — Allrebuttal and impeachment exhibits including articles, papers, depositions,
books, etc.
32. Alldocuments responsive to all prior Requests for Production but which were
not produced for whatever reason.
33. Any depositions of your expert witnesses from any other case in your
possession (including your attorneys, agency and risk management division).
34. Any and all incident, injury, accident and similar reports, photographs, repair
bills, estimates, medical bills and/or records, hospital bills and/or records, ambulance/fire
department bills and/or records, CME/IME reports, recorded statements, and
correspondence that relate or refer to any incident other than the subject collision or
incident, in which you contend that the plaintiff, was or might possibly have sustained
personal injuries and/or property damage.
35. Any and all documents not produced above or compilations of documents
which are to be used by or shown to any witness such as PowerPoint, video, audio,
photographs, transparencies, or slide presentations, blow-ups, animations, simulations,
boards, and demonstrative exhibits.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the forgoing has been furnished to: Armando P.
Rubio, Esq. and Dale Clarke, Esq., Fields Howell LLP, arubio@fieldshowell.com;
dclarke@fieldshowell.com; smarshall@fieldshowell.com; service@fieldshowell.com:; and
Donna Fudge, Esq, of Fudge & McArthur,
Eservice@fudgemcarthur.com;dfudge@fudgemcarthur.com:Apopp@fudgebroadwater.com
, on this 20" day of November, 2018.
STEINGER, ISCOE & GREENE, P.A.
2727 NW 62" St.
Fort Lauderdale, FL 33309
Telephone: (954) 491-7701
Facsimile: (954)634-8351
chan@injurylawyers.com
Attorneys for Plaintiff
Jol Yoomee Chan, Csguine
Yeemee Chan, Esquire
Florida Bar No.: 58355
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Filing # 81071601 E-Filed 11/20/2018 03:11:25 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA RONALD VOHS, CASE NO. : CACE 17-007673 Plaintiff, -vs- JOSIMAR’S CLEANING SERVICES CORP.,USA BR GENERAL SERVICES CORP., INDUSTRIAL CABLE COMMUNICATIONS SERVICES INC., and COMCAST CORPORATION, Defendants. / PLAINTIFF'S PRETRIAL REQUEST TO PRODUCE Plaintiff, RONALD VOHS, by and through undersigned counsel and pursuant to Fla.R.Civ.P. 1.350, requests that Defendants, JOSIMAR’S CLEANING SERVICES CORP.,USA BR GENERAL SERVICES CORP., INDUSTRIAL CABLE COMMUNICATIONS SERVICES INC.,and COMCAST CORPORATION, produce at the office of the undersigned, for inspection and/or copying the following within thirty (30) days of this request. DEFINITIONS a. The term "you" and "yours" shall mean the Responding Party and shall include Responding Party and all persons, corporations, partnerships, or other associations acting as agents for or on behalf of the Responding Party. b. The term "person" shall mean and include natural persons, corporations, partnerships, governmental entities, and any and all other forms of organization and agreement, in addition to any officer, director, consultant, advisor (legal or otherwise), stockholder, employee, agent or partner thereof. c. The term "document" shall mean any kind of written or graphic matter, however produced or reproduced, of any kind or description, whether sent or received by the Plaintiffs or neither, including originals, copies or drafts and both sides thereof, and including but not limited to: papers, books, letters, correspondence, telegrams, cables, telex messages, memoranda, notes, notations, work papers, inter-office or internal memoranda, transcripts, *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/20/2018 3:11:25 PM.****minutes, reports and recordings of telephone or other conversations, or of interviews, or of conferences, or other meetings, affidavits, subpoenas, notices, statements, summaries, opinions, reports, studies, analysis, evaluations, contracts, agreements, journals, statistical records, desk calendars, appointment books, diaries, lists, tabulations, sound recordings, newspaper articles and advertisements, vide taped recordings, photographs, computer print-outs, data processing input and output, microfilms, and other records kept by electronic, photographic or other mechanical means, minutes of meetings of board of directors, executive committees, or any other writings or recordings similar to any of the foregoing, however denominated by the Responding Party or its present or former partners, attorneys, counsel, accountants, auditors, agents, employees and all persons acting or previously acting on its behalf. The term "document" includes all of the above materials, whether asserted privileged or not. The use of a verb in any tense shall be construed as the use of a verb in all other tenses, whenever necessary to bring within the scope of the specification all responses which might otherwise be construed to be outside its scope. Terms in the singular include the plural and terms in the plural include the singular. The term "relating to" as used herein is defined to mean referring to, evidencing, pertaining to, consisting of, reflecting, concerning or in any way logically or factually connected with the matter discussed. “And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the specification all responses which might otherwise be construed to be outside its scope. "Each" and "every" shall be construed synonymously, as shall the words "any" and "all". INSTRUCTIONS Time Period - Unless otherwise indicated, all requested documents shall be produced for the period of January 1, 2008 to the present date. Manner of Production - Documents produced pursuant to this request shall be separately produced for each paragraph of this request, or, in the alternative, shall be identified as complying with the particular paragraph or paragraphs of the request to which they are responsive, if the documents produced for inspection are produced as they are kept in the usual course of business. Privileged Documents - In the event the responding party wishes to assert attorney/client privilege, work product exclusion or any other privilege as to any document requested, then as to each such document subject to such assertion, the responding party shall provide an identification of thedocument, including (a) the nature of the document, (b) the date of the document, and (c) the author, sender, and recipient, together with a summary statement of the subject matter of such document in sufficient detail to permit the Court to reach a ruling in the event of a motion to compel and an indication of the factual and legal basis for the assertion of the privilege. d. Documents Not in Possession, Custody or Control - If you are unable to produce any document requested, state the reasons why you are unable to produce such document. A negative response to any request without further explanation will be deemed to be your response that the requested document is not in your possession, custody or control, as interpreted by controlling case law. e. Documents No Longer in Possession, Custody. or Control - With respect to documents of which the Plaintiffs once had possession, custody or control, but no longer has possession, custody or control, please identify the document and state why the document is no longer in the Plaintiffs' possession, custody or control and identify the person who currently has possession, custody or control of the documents. Surveillance 1. All correspondence by and between counsel for Defendant/s and all experts in this matter. Also all letters, documents, bills, invoices, photographs, video tapes, reports, records, notes, x-rays, CT scans and MRI films prepared by or reviewed by your experts. 2. Any surveillance, video, of the Plaintiff or depicting the Plaintiff in raw, unedited form. 3. Any and all "surveillance" or films, video tapes, movies, photograph, still, voice, digital or other recording ,or the like of Plaintiff(s), or any movies, video tapes, photographs, or surveillance films of the Plaintiff(s), taken from the date of the accident to the date of the response to this Supplemental Request to Produce. (Dodson v. Persell, 390 So.2nd 704 (FL 1980). 4. Any and all cancelled checks or invoices indicating the amount paid for surveillance of Plaintiff. 5. Any and all Surveillance Notes (not reports) regarding Plaintiff. 6. If you have shown the film to any of your CME Doctors, please produce the transmittal letter to that doctor and any films, photographs, DVD's or other surveillance materials given to them. 7. Copies of all written rules or standards used by the person taking the surveillance that govern the taking of surveillance films. 8. Any and all instructions given to the person taking the surveillance of Plaintiff(written instructions). 9. Copies of any and all depositions taken in any other action or in this action of the person or persons who may testify or are/is expected to testify in your behalf as any other kind of expert witness. 10. Copies of all photographs, diagrams, surveys, plats or other like materials, or any and all tangible matters or items relied upon or reviewed by any other kind of expert witness who may testify or are/is expected to testify in the formation of his/her opinion or in the process of review for the formation of his/her opinion. 11. Copies of any and all curriculum vitaes in your possession, custody or control in this case or in your possession, custody and control as to any other case or cases of any kind of expert witness who may testify or are/is expected to testify. 12. Anyand all reports rendered by experts applicable to any and all issues in this case, both non-medical and medical experts that are expected to testify at trial. (see Mims v. Casademont, 464 So.2nd 643 (Fla. 3d DCA 1985)). 13. Any and all written or recorded statements taken from the Plaintiff. 14. | Anyand all photographs, charts or other documentary evidence of the scene, parties, and, if applicable, vehicles, products, or items present at, involved with, contained in or pertaining to the subject incident, occurrence, or issues in this cause which have not been previously produced. (Dodson v. Persell, 390 So.2nd 704 (Fla. 1980)). Expert 15. Each and every article, treatise, book, study, chapter, page, paper, study, other document, tangible evidence including electronically stored evidence in tangible form, or other similar source of information considered or reviewed by your expert or upon which your expert relied in evaluating, investigating or formulating his or her opinions in connection with this matter. 16. Eachand every article, treatise, chapter, page, paper, study, other document or tangible evidence including electronically stored evidence in tangible form, furnished or made available to your expert in connection with this matter. 17. Any other information reviewed by each expert in connection with this case. 18. All documents or tangible items of whatsoever nature pertaining to the following: a. The scope of your employment of expert witnesses in this case an the compensation for such service. b. The general litigation experience of your expert witnesses in this case, including the percentage of work performed for plaintiffs and defendants.c. The identify of other insurance claims or legal actions in which each of your expert witnesses rendered opinions or evaluations during the last three years. (If you have identified a medical expert witness, you are not requested to identify instances where said expert witness provided treatment to a patient.) d. The identity of other cases in which each of your expert witnesses in this case have testified by deposition or at trial during the last three years. e. An approximation of the portion of the expert's involvement as an expert witness, which may be based on the number of hours, percentage of hours, or percentage of earned income derived from serving as an expert witness. 19. Your expert witnesses’ most current curriculum vitae or resume. 20. All writings setting forth the opinions or observations of your expert witnesses in this case. 21. Each and every document created by your expert in connection with this matter. 22. Allarticles, books, papers, manuals, studies or similar documents both formal and informal, written by your expert(s) or to which your expert(s) contributed. 23. Each and every communication by you with said expert(s). 24. Any opinions which were revised or modified. 25. All written reports or opinions relative to the subject matter of this case 26. A fee schedule for each and every expert. 27. If the expert intends to opine regarding the reasonableness of medical expenses, a copy of that expert's fee schedule for all similar procedures to which the expert intends to opine. 28. Acopy of all payments made to said expert(s) by you, your attorneys or your insurance company during the past three years. 29. Copies of all orders pertaining to your expert(s) including any based on Motions to limit or bar their opinions or work including but not limited to those orders related to Frye or Daubert. 30. Each and every exhibit you may use at trial.31. — Allrebuttal and impeachment exhibits including articles, papers, depositions, books, etc. 32. Alldocuments responsive to all prior Requests for Production but which were not produced for whatever reason. 33. Any depositions of your expert witnesses from any other case in your possession (including your attorneys, agency and risk management division). 34. Any and all incident, injury, accident and similar reports, photographs, repair bills, estimates, medical bills and/or records, hospital bills and/or records, ambulance/fire department bills and/or records, CME/IME reports, recorded statements, and correspondence that relate or refer to any incident other than the subject collision or incident, in which you contend that the plaintiff, was or might possibly have sustained personal injuries and/or property damage. 35. Any and all documents not produced above or compilations of documents which are to be used by or shown to any witness such as PowerPoint, video, audio, photographs, transparencies, or slide presentations, blow-ups, animations, simulations, boards, and demonstrative exhibits. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the forgoing has been furnished to: Armando P. Rubio, Esq. and Dale Clarke, Esq., Fields Howell LLP, arubio@fieldshowell.com; dclarke@fieldshowell.com; smarshall@fieldshowell.com; service@fieldshowell.com:; and Donna Fudge, Esq, of Fudge & McArthur, Eservice@fudgemcarthur.com;dfudge@fudgemcarthur.com:Apopp@fudgebroadwater.com , on this 20" day of November, 2018. STEINGER, ISCOE & GREENE, P.A. 2727 NW 62" St. Fort Lauderdale, FL 33309 Telephone: (954) 491-7701 Facsimile: (954)634-8351 chan@injurylawyers.com Attorneys for Plaintiff Jol Yoomee Chan, Csguine Yeemee Chan, Esquire Florida Bar No.: 58355