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Filing # 32082878 E-Filed 09/15/2015 04:36:57 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUT, IN AND
FOR BROWARD COUNTY, FLORIDA
Case No.: CACE15013547
ROBERT ROSE,
Plaintiff(s),
Vv.
GOVERNMENT EMPLOYEES INSURANCE
COMPANY,
Defendant(s).
REQUEST TO PRODUCE
The Defendant, Government Employeees Insurance Company, pursuant to Rule
1.350, requests the Plaintiff, Robert Rose, by and through the undersigned attorney, to
produce for inspection, copying, or photographing by Defendant the following documents:
1. Copies of income tax returns, W-2 forms, 1099 forms and any and
all other evidence of income for the five (5) years prior to current year, together with a
record of earnings to date in current year.
2. If you are self-employed or derive any income from a business in which you
had an ownership interest, including any sole proprietorship, partnership, or any
corporation in which you own 50% or more of the stock, then produce ALL FINANCIAL
RECORDS for that business. (Time frame for this request is from three (3) years prior to
the accident through the present.)
3. Photographs, images, electronic/digital image files, drawings, graphs,
charts, writings, videos and motion pictures showing the scene of incident or accident.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/15/2015 4:36:57 PM.****Color copies requested, the expense to be borne by the undersigned.
4. Photographs, images, and electronic/digital image files showing or
depicting the damage to any vehicles or property resulting from the subject accident.
Color copies are requested, the expense to be borne by the undersigned.
5. Photographs, images and electronic/digital image files showing or depicting
the injuries to the Plaintiff(s) alleged to have resulted from the subject accident. Color
copies are requested, the expense to be borne by the undersigned.
6. Photographs, images and electronic/digital image files showing or depicting
injuries to any individual, other than the Plaintiff(s), as a result of the subject accident.
Color copies are requested, the expense to be borne by the undersigned.
7. Photographs, images, digital/electronic image files, drawings, graphs,
charts, writings, videos and motion pictures evidencing any prior and subsequent
accident(s) involving the Plaintiff, including but not limited to, photographs of any prior
or subsequent injuries and property damage. Color copies are requested, the expense
to be borne by the undersigned.
8. Copies of all bills, statements, invoices, recipes and any other evidence of
expenses incurred for medical and healthcare treatment rendered as a result of the
subject accident, along with evidence of all payments made by you or on your behalf for
such expenses.
9. Copies of all medical, surgical, rehabilitative, psychiatric/psychological, or
any other healthcare records (including radiological films in your possession) concerning
the Plaintiff(s) treatment or consultation for injuries or conditions resulting from the subject
accident.10. A copy of requests for medical examination or scheduling requests sent
by Plaintiff/Plaintiff's Attorneys to all treating medical providers, including by not limited
chiropractors, clinics, doctors, physical therapist, hospitals, diagnostic centers, and
rehabilitationists. Said Request does not seek correspondence between Plaintiff's
counsel and any retained experts or correspondence between Plaintiff and Plaintiff's
counsel.
11. Correspondence between Pilaintiff/Plaintiff's Attorneys and any medical
providers and/or treating doctor which treatment is alleged to have resulted from the
incident described in the Complaint, including by not limited chiropractors, clinics,
doctors, physical therapist, hospitals, diagnostic centers, and rehabilitationists. Said
Request does not seek correspondence between Plaintiff's counsel and any retained
experts or correspondence between Plaintiff and Plaintiff's counsel.
12. All documents provided to any medical providers and/or treating doctor
which rendered treatment which is alleged to have resulted from the incident described
in the Complaint, including by not limited chiropractors, clinics, doctors, physical
therapist, hospitals, diagnostic centers, and rehabilitationists by Plaintiff and/or
Plaintiff's attorneys.
13. All documents provided to Plaintiff and/or Plaintiff's attorneys.by any
medical providers and/or treating doctor who rendered treatment which is alleged to
have resulted from the incident described in the Complaint, including by not limited
chiropractors, clinics, doctors, physical therapist, hospitals, diagnostic centers, and
rehabilitationists.
14. A copy of letters of protection and/or financial deferment agreementsexecuted by Plaintiff and/or Plaintiff's attorneys pertaining to the Plaintiff (including all
attorneys who have represented the Plaintiff). Said request includes all letters of
protection related to any prior or subsequent accident/claim involving the Plaintiff.
15. Copies of all medical, surgical, rehabilitative, or any other healthcare
records (including radiological films in your possession), concerning the Plaintiff(s) for a
period of 5 years prior to the subject accident to present.
16. Any appraisals, repair estimates, or other written evidence which reflects
the nature, extent, and amount of damage to the vehicles involved in the subject accident.
17. Written Appraisals, repair estimates, salvage documents and other written
evidence which reflects all prior and subsequent accidents involving the Plaintiff and the
nature, extent, and amount of damage to the vehicles involved in any such
incidents/accidents.
18. Any written, recorded or transcribed statements of the Defendant,
Defendant's agents and/or Defendant's employees.
19. A copy of deposition transcripts of the Plaintiffs, including all depositions
of the Plaintiff pertaining to any other action.
20. Any oral, written, or recorded statements from any person(s) having
knowledge of any issue or matter asserted in this action. If you possess items responsive
hereto but are not willing to produce them, please furnish the names and addresses of
the person(s) who gave the statement and of the person who took the statement, the date
the statement was taken, and the means of recording or preserving same.
21. Traffic Court transcripts, traffic reports and court transcripts involving the
subject matter of the instant litigation.22. Traffic Court transcripts, traffic reports and court transcripts involving the
Plaintiffs in any prior or subsequent lawsuit.
23. Copies of any Mary Carter agreements, or other similar agreements,
entered into by you or on your behalf with any other defendant, person, firm or
corporation who you contend may be responsible for the subject incident/accident.
24. All documents and items specified in your answers to Interrogatories as
coming within the Florida Rules of Civil Procedure, Rule 1.340(c), exercising the option to
produce records in lieu of compilation or summary based on said records and reports.
25. A copy of any insurance policy providing benefits or coverage to the Plaintiff
for any claimed injury, damage, or expense resulting from the subject accident or
occurrence, along with a declaration of the applicable coverage.
26. _ If there is loss of consortium claim, a copy of the Plaintiffs’ marriage license.
27. Photocopy of the Plaintiffs Social Security card.
28. Photocopy of the Plaintiffs drivers/operator’s license.
29. Photocopies of each and every stamped page of any and all passports
used by you within the past five (5) years including the identification pages.
30. A copy of the police report, accident report, or homicide report regarding
this accident.
31. A copy of police reports, accident reports, or homicide reports involving the
Plaintiffs prior to and subsequent to the subject accident.
32. A copy of any expert witness report and C.V. for any expert witness you
intend to call at trial.
33. Documentation evidencing all current and prior health insurance and/orMedicaid/Medicare coverage under which the Plaintiff is currently or has been
previously covered. Including, but not limited to, the name of the Insurer, the address
of the Insurer, the Policy number of said insurance, the name of the primary insured
and a copy of the front and back of any insurance cards.
34. Documentation evidencing all current and prior automobile insurance
coverage under which the Plaintiff is currently or has been previously covered.
Including, but not limited to, the name of the Insurer, the address of the Insurer, the
Policy number of said insurance, the name of the primary insured and a copy of the
front and back of any insurance cards.
35. Documentation evidencing all current and prior prescription medication
coverage under which the Plaintiff is currently or has been previously covered.
Including, but not limited to, the name of the Insurer, the address of the Insurer, the
Policy number of said insurance, the name of the primary insured and a copy of the
front and back of any insurance cards, prescription medication card or prescription
discount card.
36. Insurance payment ledger and/or Personal Injury Protection (PIP)
Payment Ledgers for the subject accident.
37. Insurance payment ledger and/or Personal Injury Protection (PIP)
Payment Ledgers for prior and subsequent accidents/injury claims.
38. Acopy of any releases executed by the Plaintiff in the subject claim.
39. A copy of any release executed by the Plaintiffs in any prior or subsequent
claims.
40. A copy of any prior or subsequent Compulsory Medical ExaminationReports, Independent Medical Examination Reports, Expert Radiological
Interpretations, and/or Radiological Re-reads expert reports pertaining to the subject
Plaintiff.
41. All expert witnesses’ reports, including doctors' reports, furnished to plaintiff
or the attorney for plaintiff in anticipation of litigation or in the furtherance of litigation and
trial. Mims v. Casademont, 464 So. 2d 643 (Fla. 3d DCA 1985).
42. Any and all police recordings, 911 recordings, and/or CAD reports
pertaining to the subject accident.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by Electronic Mail on this the 14th day of September, 2015 to the following
designated service email address(es): rayala@jaycohenlaw.com, Rudwin Ayala, THE
LAW OFFICE OF JAY COHEN, P.A.
The Law Office of George L. Cimballa, III
/s/ Nathan Hoy
Nathan Hoy, Esq.
(Employees of GEICO General Insurance Company)
Florida Bar No: 0061461
8151 Peters Road, Suite 3300
Plantation, FL 33324
Phone: 954-472-6585
Facsimile: 954-472-6586
Attorney for Defendant(s): Government Employeees
Insurance Company
Service Email: ftlgeico@geico.com
Preview
Filing # 32082878 E-Filed 09/15/2015 04:36:57 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUT, IN AND FOR BROWARD COUNTY, FLORIDA Case No.: CACE15013547 ROBERT ROSE, Plaintiff(s), Vv. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant(s). REQUEST TO PRODUCE The Defendant, Government Employeees Insurance Company, pursuant to Rule 1.350, requests the Plaintiff, Robert Rose, by and through the undersigned attorney, to produce for inspection, copying, or photographing by Defendant the following documents: 1. Copies of income tax returns, W-2 forms, 1099 forms and any and all other evidence of income for the five (5) years prior to current year, together with a record of earnings to date in current year. 2. If you are self-employed or derive any income from a business in which you had an ownership interest, including any sole proprietorship, partnership, or any corporation in which you own 50% or more of the stock, then produce ALL FINANCIAL RECORDS for that business. (Time frame for this request is from three (3) years prior to the accident through the present.) 3. Photographs, images, electronic/digital image files, drawings, graphs, charts, writings, videos and motion pictures showing the scene of incident or accident. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/15/2015 4:36:57 PM.****Color copies requested, the expense to be borne by the undersigned. 4. Photographs, images, and electronic/digital image files showing or depicting the damage to any vehicles or property resulting from the subject accident. Color copies are requested, the expense to be borne by the undersigned. 5. Photographs, images and electronic/digital image files showing or depicting the injuries to the Plaintiff(s) alleged to have resulted from the subject accident. Color copies are requested, the expense to be borne by the undersigned. 6. Photographs, images and electronic/digital image files showing or depicting injuries to any individual, other than the Plaintiff(s), as a result of the subject accident. Color copies are requested, the expense to be borne by the undersigned. 7. Photographs, images, digital/electronic image files, drawings, graphs, charts, writings, videos and motion pictures evidencing any prior and subsequent accident(s) involving the Plaintiff, including but not limited to, photographs of any prior or subsequent injuries and property damage. Color copies are requested, the expense to be borne by the undersigned. 8. Copies of all bills, statements, invoices, recipes and any other evidence of expenses incurred for medical and healthcare treatment rendered as a result of the subject accident, along with evidence of all payments made by you or on your behalf for such expenses. 9. Copies of all medical, surgical, rehabilitative, psychiatric/psychological, or any other healthcare records (including radiological films in your possession) concerning the Plaintiff(s) treatment or consultation for injuries or conditions resulting from the subject accident.10. A copy of requests for medical examination or scheduling requests sent by Plaintiff/Plaintiff's Attorneys to all treating medical providers, including by not limited chiropractors, clinics, doctors, physical therapist, hospitals, diagnostic centers, and rehabilitationists. Said Request does not seek correspondence between Plaintiff's counsel and any retained experts or correspondence between Plaintiff and Plaintiff's counsel. 11. Correspondence between Pilaintiff/Plaintiff's Attorneys and any medical providers and/or treating doctor which treatment is alleged to have resulted from the incident described in the Complaint, including by not limited chiropractors, clinics, doctors, physical therapist, hospitals, diagnostic centers, and rehabilitationists. Said Request does not seek correspondence between Plaintiff's counsel and any retained experts or correspondence between Plaintiff and Plaintiff's counsel. 12. All documents provided to any medical providers and/or treating doctor which rendered treatment which is alleged to have resulted from the incident described in the Complaint, including by not limited chiropractors, clinics, doctors, physical therapist, hospitals, diagnostic centers, and rehabilitationists by Plaintiff and/or Plaintiff's attorneys. 13. All documents provided to Plaintiff and/or Plaintiff's attorneys.by any medical providers and/or treating doctor who rendered treatment which is alleged to have resulted from the incident described in the Complaint, including by not limited chiropractors, clinics, doctors, physical therapist, hospitals, diagnostic centers, and rehabilitationists. 14. A copy of letters of protection and/or financial deferment agreementsexecuted by Plaintiff and/or Plaintiff's attorneys pertaining to the Plaintiff (including all attorneys who have represented the Plaintiff). Said request includes all letters of protection related to any prior or subsequent accident/claim involving the Plaintiff. 15. Copies of all medical, surgical, rehabilitative, or any other healthcare records (including radiological films in your possession), concerning the Plaintiff(s) for a period of 5 years prior to the subject accident to present. 16. Any appraisals, repair estimates, or other written evidence which reflects the nature, extent, and amount of damage to the vehicles involved in the subject accident. 17. Written Appraisals, repair estimates, salvage documents and other written evidence which reflects all prior and subsequent accidents involving the Plaintiff and the nature, extent, and amount of damage to the vehicles involved in any such incidents/accidents. 18. Any written, recorded or transcribed statements of the Defendant, Defendant's agents and/or Defendant's employees. 19. A copy of deposition transcripts of the Plaintiffs, including all depositions of the Plaintiff pertaining to any other action. 20. Any oral, written, or recorded statements from any person(s) having knowledge of any issue or matter asserted in this action. If you possess items responsive hereto but are not willing to produce them, please furnish the names and addresses of the person(s) who gave the statement and of the person who took the statement, the date the statement was taken, and the means of recording or preserving same. 21. Traffic Court transcripts, traffic reports and court transcripts involving the subject matter of the instant litigation.22. Traffic Court transcripts, traffic reports and court transcripts involving the Plaintiffs in any prior or subsequent lawsuit. 23. Copies of any Mary Carter agreements, or other similar agreements, entered into by you or on your behalf with any other defendant, person, firm or corporation who you contend may be responsible for the subject incident/accident. 24. All documents and items specified in your answers to Interrogatories as coming within the Florida Rules of Civil Procedure, Rule 1.340(c), exercising the option to produce records in lieu of compilation or summary based on said records and reports. 25. A copy of any insurance policy providing benefits or coverage to the Plaintiff for any claimed injury, damage, or expense resulting from the subject accident or occurrence, along with a declaration of the applicable coverage. 26. _ If there is loss of consortium claim, a copy of the Plaintiffs’ marriage license. 27. Photocopy of the Plaintiffs Social Security card. 28. Photocopy of the Plaintiffs drivers/operator’s license. 29. Photocopies of each and every stamped page of any and all passports used by you within the past five (5) years including the identification pages. 30. A copy of the police report, accident report, or homicide report regarding this accident. 31. A copy of police reports, accident reports, or homicide reports involving the Plaintiffs prior to and subsequent to the subject accident. 32. A copy of any expert witness report and C.V. for any expert witness you intend to call at trial. 33. Documentation evidencing all current and prior health insurance and/orMedicaid/Medicare coverage under which the Plaintiff is currently or has been previously covered. Including, but not limited to, the name of the Insurer, the address of the Insurer, the Policy number of said insurance, the name of the primary insured and a copy of the front and back of any insurance cards. 34. Documentation evidencing all current and prior automobile insurance coverage under which the Plaintiff is currently or has been previously covered. Including, but not limited to, the name of the Insurer, the address of the Insurer, the Policy number of said insurance, the name of the primary insured and a copy of the front and back of any insurance cards. 35. Documentation evidencing all current and prior prescription medication coverage under which the Plaintiff is currently or has been previously covered. Including, but not limited to, the name of the Insurer, the address of the Insurer, the Policy number of said insurance, the name of the primary insured and a copy of the front and back of any insurance cards, prescription medication card or prescription discount card. 36. Insurance payment ledger and/or Personal Injury Protection (PIP) Payment Ledgers for the subject accident. 37. Insurance payment ledger and/or Personal Injury Protection (PIP) Payment Ledgers for prior and subsequent accidents/injury claims. 38. Acopy of any releases executed by the Plaintiff in the subject claim. 39. A copy of any release executed by the Plaintiffs in any prior or subsequent claims. 40. A copy of any prior or subsequent Compulsory Medical ExaminationReports, Independent Medical Examination Reports, Expert Radiological Interpretations, and/or Radiological Re-reads expert reports pertaining to the subject Plaintiff. 41. All expert witnesses’ reports, including doctors' reports, furnished to plaintiff or the attorney for plaintiff in anticipation of litigation or in the furtherance of litigation and trial. Mims v. Casademont, 464 So. 2d 643 (Fla. 3d DCA 1985). 42. Any and all police recordings, 911 recordings, and/or CAD reports pertaining to the subject accident. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this the 14th day of September, 2015 to the following designated service email address(es): rayala@jaycohenlaw.com, Rudwin Ayala, THE LAW OFFICE OF JAY COHEN, P.A. The Law Office of George L. Cimballa, III /s/ Nathan Hoy Nathan Hoy, Esq. (Employees of GEICO General Insurance Company) Florida Bar No: 0061461 8151 Peters Road, Suite 3300 Plantation, FL 33324 Phone: 954-472-6585 Facsimile: 954-472-6586 Attorney for Defendant(s): Government Employeees Insurance Company Service Email: ftlgeico@geico.com