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Filing # 51203773 E-Filed 01/16/2017 12:14:48 PM
14211 IN THE CIRCUIT COURT, OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE-14-016655 DIV. 02
DEBRA HINES,
Plaintiff,
vs.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.
a Florida Corporation,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S TRIAL & EXPERT/BOECHER
REQUEST FOR PRODUCTION TO DEFENDANT
COMES NOW, Defendant HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, by and through the undersigned counsel, and pursuant to Rule 1.350
Fla. R. Civ. P., and responds to Plaintiffs’ Trial & Expert / Boecher Request for Production to
Defendant as follows:
1. Any expert witness’ files materials related to the above matter not previously provided that
are maintained by each expert you have listed to testify regarding this matter.
RESPONSE:
See Attached. See also all materials produced by the respective experts at deposition.
2. Any new materials each expert you have listed to testify regarding this matter has reviewed
in this matter not previously provided, including but not limited to, correspondence, emails,
photographs, reports, raw data, books, articles, literature, films, tests, experiments,
statements, soil samples, or other reference materials that your experts used or are relying on
in this matter.
RESPONSE:
See Attached. Experts have reviewed all reports from Plaintiffs’ experts produced to
Defendant. See also all materials produced by the respective experts at deposition.
3. Any and all new test results and/or experiments conducted and/or calculations performed in
this case by any retained experts or their agents, servants or employees not previously
provided.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/16/2017 12:14:47 PM.****RESPONSE:
See Attached. See also all materials produced by the respective experts at deposition.
4. All documents, records or any other materials responsive to the previously propounded
Requests for Production to Defendant, but which have not been produced to Plaintiff to date.
RESPONSE:
See Attached. See also all materials produced at depositions over the course of discovery in
this case.
5. All documents you reasonably expect or intend to use at trial.
RESPONSE:
Defendant has not specifically determined documents for use at trial; however Defendant
may utilize the following already in Plaintiff’s possession: Certified Copy of Homeowners
Choice Property & Casualty Insurance Company, Inc.’s policy including declarations
page; all correspondence between Plaintiff (or Plaintiff's counsel, agents and
representatives) and Defendant (or Defendant’s counsel, agents and representatives); all
non-privileged correspondence between Plaintiff’s counsel or Defendant’s counsel and all
witnesses identified in all witness lists; all photographs of the subject areas and issues, to
the extent properly admissible; all data collected by Plaintiff or Defendant’s experts; all of
Plaintiff’s answers to Interrogatories, Responses to Requests for Admissions and Responses
to Requests for Production; all documents produced by Plaintiff to Defendant, to the extent
properly admissible; all documents produced by Defendant to Plaintiff, to the extent
properly admissible; all documents referenced in depositions or interrogatory answers, to
the extent properly admissible; in addition please see Defendant’s Pre-Trial Exhibit List
when it is provided pursuant to this Court’s Trial Order.
6. All documents intended by you to be used at trial for witness impeachment or rebuttal
testimony including any deposition transcripts or other sworn testimony or statements from
any witnesses, including Byron Anderson, James Funderburk, or any of Plaintiffs’ experts.
RESPONSE:
Defendant’s trial preparations are ongoing and such documents have not been determined
at this time. Defendant will produce responsive documents in advance of trial in
accordance with Northup v. Howard E. Acken, M.D., P.A., 865 So. 2d 1267 (Fla. 2004)
7. JPG digital format color copies of all photographs in possession of Defendant or any of
Defendant’s experts concerning the issues involved in this lawsuit and the property located at
3816 S. Lake Terrace, Miramar, Florida. Plaintiff is specifically requesting all photographs to
be provided in JPG format.
RESPONSE:
See Attached.CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
forwarded by electronic mail to:
By:
HCP.14211
Ryan H. Sherman, Esq. at eserviceSLPA@gmail.com and
Morgan Barfield at Service@corlessbarficld.com on this 16"
day of January, 2017
GROELLE & SALMON, P.A.
Attorneys for Defendant
Waterford Plaza
7650 W. Courtney Campbell Causeway
Suite 800
Tampa, FL 33607
(813) 849-7200 (telephone)
(813) 849-7201 (fax)
gstcourtdocs@gspalaw.com
rschulte(
Wha T Lbde-
ROBERT T. SCHULTE, ESQ.
FBN: 88819
gspalaw.com
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Filing # 51203773 E-Filed 01/16/2017 12:14:48 PM 14211 IN THE CIRCUIT COURT, OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-14-016655 DIV. 02 DEBRA HINES, Plaintiff, vs. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. a Florida Corporation, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S TRIAL & EXPERT/BOECHER REQUEST FOR PRODUCTION TO DEFENDANT COMES NOW, Defendant HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, by and through the undersigned counsel, and pursuant to Rule 1.350 Fla. R. Civ. P., and responds to Plaintiffs’ Trial & Expert / Boecher Request for Production to Defendant as follows: 1. Any expert witness’ files materials related to the above matter not previously provided that are maintained by each expert you have listed to testify regarding this matter. RESPONSE: See Attached. See also all materials produced by the respective experts at deposition. 2. Any new materials each expert you have listed to testify regarding this matter has reviewed in this matter not previously provided, including but not limited to, correspondence, emails, photographs, reports, raw data, books, articles, literature, films, tests, experiments, statements, soil samples, or other reference materials that your experts used or are relying on in this matter. RESPONSE: See Attached. Experts have reviewed all reports from Plaintiffs’ experts produced to Defendant. See also all materials produced by the respective experts at deposition. 3. Any and all new test results and/or experiments conducted and/or calculations performed in this case by any retained experts or their agents, servants or employees not previously provided. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/16/2017 12:14:47 PM.****RESPONSE: See Attached. See also all materials produced by the respective experts at deposition. 4. All documents, records or any other materials responsive to the previously propounded Requests for Production to Defendant, but which have not been produced to Plaintiff to date. RESPONSE: See Attached. See also all materials produced at depositions over the course of discovery in this case. 5. All documents you reasonably expect or intend to use at trial. RESPONSE: Defendant has not specifically determined documents for use at trial; however Defendant may utilize the following already in Plaintiff’s possession: Certified Copy of Homeowners Choice Property & Casualty Insurance Company, Inc.’s policy including declarations page; all correspondence between Plaintiff (or Plaintiff's counsel, agents and representatives) and Defendant (or Defendant’s counsel, agents and representatives); all non-privileged correspondence between Plaintiff’s counsel or Defendant’s counsel and all witnesses identified in all witness lists; all photographs of the subject areas and issues, to the extent properly admissible; all data collected by Plaintiff or Defendant’s experts; all of Plaintiff’s answers to Interrogatories, Responses to Requests for Admissions and Responses to Requests for Production; all documents produced by Plaintiff to Defendant, to the extent properly admissible; all documents produced by Defendant to Plaintiff, to the extent properly admissible; all documents referenced in depositions or interrogatory answers, to the extent properly admissible; in addition please see Defendant’s Pre-Trial Exhibit List when it is provided pursuant to this Court’s Trial Order. 6. All documents intended by you to be used at trial for witness impeachment or rebuttal testimony including any deposition transcripts or other sworn testimony or statements from any witnesses, including Byron Anderson, James Funderburk, or any of Plaintiffs’ experts. RESPONSE: Defendant’s trial preparations are ongoing and such documents have not been determined at this time. Defendant will produce responsive documents in advance of trial in accordance with Northup v. Howard E. Acken, M.D., P.A., 865 So. 2d 1267 (Fla. 2004) 7. JPG digital format color copies of all photographs in possession of Defendant or any of Defendant’s experts concerning the issues involved in this lawsuit and the property located at 3816 S. Lake Terrace, Miramar, Florida. Plaintiff is specifically requesting all photographs to be provided in JPG format. RESPONSE: See Attached.CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded by electronic mail to: By: HCP.14211 Ryan H. Sherman, Esq. at eserviceSLPA@gmail.com and Morgan Barfield at Service@corlessbarficld.com on this 16" day of January, 2017 GROELLE & SALMON, P.A. Attorneys for Defendant Waterford Plaza 7650 W. Courtney Campbell Causeway Suite 800 Tampa, FL 33607 (813) 849-7200 (telephone) (813) 849-7201 (fax) gstcourtdocs@gspalaw.com rschulte( Wha T Lbde- ROBERT T. SCHULTE, ESQ. FBN: 88819 gspalaw.com