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Filing # 49472595 E-Filed 11/30/2016 06:43:19 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
DEBRA HINES
Plaintiff,
CASE NO.: CACE-14-016655
vs. DIVISION: 02
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.
a Florida Corporation
Defendant.
/
/
PLAINTIFF’S TRIAL & EXPERT/BOECHER
REQUEST FOR PRODUCTION TO DEFENDANT
Pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, Plaintiff, DEBRA
HINES, by and through the undersigned counsel, requests that the Defendant, HOMEOWNERS
CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., produce the
documents or things designated below for inspection and copying within thirty (30) days from
the date of service hereof. Alternatively, Defendant may produce the documents identified
herein by providing legible copies of said documents to counsel for Plaintiffs in conjunction with
service of its written responses to this Request for Production within thirty (30) days from the
date of service hereof.
Instructions
1. You are instructed either to produce documents as they were kept in the usual course of
business or to produce documents organized and labeled to correspond with the
categories in these Interrogatories. Documents are to be produced in full and
unexpurgated form.
2. These Interrogatories shall be deemed continuing, if permitted by Rule, so as to require
further and supplemental production in the event that the party requested to produce, or
any of its attorneys, agents or representatives, obtains or discovers additional information
or documents between the time of the initial production and the time of hearing or trial.
3. If any documents covered by these Interrogatories are withheld by reason of a claim of
privilege, work-product immunity or other ground of non-production, a list is to be
furnished at the time that documents are produced identifying each such document for
which the privilege is claimed specifically by its nature (i.e., letter, memorandum, etc.)
together with the following information with respect to any such document withheld:
author; recipient; sender; indicated or blind copies; date; subject matter; basis on which
the privilege is claimed; number of pages; and the paragraph of these Interrogatories to
which such document relates.
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/30/2016 6:43:18 PM.****If a portion of an otherwise responsive document contains information that is subject to a
claim of privilege, only those portions of the document subject to the claim of privilege
shall be deleted or redacted from the document and the rest of the document shall be
produced.
In the event that any document called for by these Interrogatories has been destroyed,
lost, discarded or otherwise disposed of, each such document is to be identified as
completely as possible, including, without limitation, the following information: author;
recipient; sender; subject matter; date prepared or received; date of disposal; person
currently in possession of the document; and the person disposing of the document.
. All objections to any category of documents to be produced pursuant to these
Interrogatories or to any definition or instruction they contain shall be in writing and
delivered to Defendant's counsel within the time provided in the Florida Rules of Civil
Procedure or at such other time as is agreed upon by the parties or ordered by the Court.
Where identification of a document is requested, please set forth the identity of its author
or originator, the date of such authorship or origination, the identity of each person to
whom the original or copy was addressed or delivered, the identity of each person known
or reasonably believed to have present possession, custody, or control thereof, and a brief
description of the subject matter thereof.
. Where identification of a person is requested, please set forth the person's name, last-
known home and business address and telephone number, and relation to Defendant, if
any.
Definitions
"Plaintiff’ and "Insured" means, DEBRA HINES, her agents, adjusters, employees, and
representatives including any independent adjusters or agents.
"Defendants", "Defendant" and "you" or "your" means HOMEOWNERS CHOICE
PROPERTY & CASUALTY INSURANCE COMPANY, INC ("HOMEOWNERS
CHOICE") its parent and affiliated companies, and/or any representatives or agents who
are authorized to act on HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, INC’S behalf including but not limited to its attorneys in this
matter, GROELLE & SALMON, PA.
. The term "representative" as used herein with regard to a person or entity means and
includes each and every present and former director, officer, partner, employee, agent,
independent consultant or expert or other person (including attorneys), such as friends,
relatives and spouse, acting or purporting to act on behalf of the person or entity.
. The term "document" or "documents" is used in its broadest sense and includes, without
limitation, drafts, documents, whether printed, recorded, stored or reproduced by any
mechanical or electronic process, or written or produced by hand, and including
Computer tapes (including backup tapes) and all other computer-related documents,within your possession, custody or control. "Documents" shall also include (1) each copy
that is not identical to the original or to any other copy, and (2) any tangible thing that is
called for by or identified in response to any request. "Document" as used herein shall be
construed broadly to include all documents and things within the scope of Florida Rule of
Civil Procedure 1.340 and refers to all writings or other graphic matter, as well as any
other medium by which information is stoned or recorded. It includes originals, drafts,
copies and reproductions; and it includes, without limiting the generality of the foregoing,
letters; memoranda; reports and/or summaries of investigations; police reports; accident
reports; opinions or reports of consultants; diagrams; marginal comments appearing on
any documents; accounts; telegrams; studies; lists of persons attending meetings or
conferences; records or memoranda of telephone conversations; written statements;
transcripts or recorded statements; recorded statements; records of personal conversations
or interviews; calculations; computations; specifications; drawings; advertisements;
circulars; trade letters; press releases; prints; recordings; positive or negative films, slides
or photographs; magnetic, electronic or video tapes; computer tapes, cards or printouts;
and all other things of like nature; and any and all containers, boxes or other receptacles
or repositories housing or containing such "documents."
The term "communication" shall mean any transmission of information by any means,
including, without limitation, by spoken language, electronic transmission of data or any
other means. The term "communication" shall include, without limitation, any copies of
written information received by the person or entity responding to this request, even if
such person or entity is not the primary or direct addressee of such written information.
The term "referring" or "relating" shall mean showing, disclosing, averting to,
comprising, evidencing, constituting or reviewing.
"Person" means a natural person, firm, association, partnership, corporation or other form
of legal or business entity, public or private.
The singular includes the plural and vice versa; the words "and" and "or" shall be both
conjunctive and disjunctive; the word "all" means “any and all"; the word "any" means
"any and all"; the word "including" means "including, with limitation."
All other words have their plain and ordinary meaning.
DOCUMENTS TO BE PRODUCED
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.
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.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.
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.
5. All documents you reasonably expect or intend to use at trial.
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.
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.
CERTIFICATE OF SERVICE
IT HEREBY CERTIFY that a true and correct copy of the foregoing document has been
electronically filed with the Clerk of Court using the Florida Courts E-Filing Portal and served
via Florida Courts E-Filing Portal Electronic Mail to: Ryan Sherman, Esq.; Co-Counsel for
Plaintiff, Ryanshermanfl@gmail.com ; Sherman Law, P.A., 4000 Hollywood Blvd, #265-S,
Hollywood, Florida 33021 and Jonathan T. Hall, Esq., ; Counsel for Defendant,
grobinson@gspalaw.com and gstcourtdocs@gspalaw.com, Groelle & Salmon, PA, 7650
Courtney Campbell Cswy., Ste. 800, Tampa, FL 33067 on this 30th day of November 2016.
CORLESS BARFIELD TRIAL GROUP, LLC
/s/ Morgan Barfield
Morgan Barfield, Esq.
Florida Bar Number: 0605761
6812 West Linebaugh Avenue
Tampa, Florida 33625
(813) 258-4998
(813) 258-4988 — Facsimile
MBarfield@CorlessBarfield.com
Co-Counsel for Plaintiff
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Filing # 49472595 E-Filed 11/30/2016 06:43:19 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION DEBRA HINES Plaintiff, CASE NO.: CACE-14-016655 vs. DIVISION: 02 HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. a Florida Corporation Defendant. / / PLAINTIFF’S TRIAL & EXPERT/BOECHER REQUEST FOR PRODUCTION TO DEFENDANT Pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, Plaintiff, DEBRA HINES, by and through the undersigned counsel, requests that the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC., produce the documents or things designated below for inspection and copying within thirty (30) days from the date of service hereof. Alternatively, Defendant may produce the documents identified herein by providing legible copies of said documents to counsel for Plaintiffs in conjunction with service of its written responses to this Request for Production within thirty (30) days from the date of service hereof. Instructions 1. You are instructed either to produce documents as they were kept in the usual course of business or to produce documents organized and labeled to correspond with the categories in these Interrogatories. Documents are to be produced in full and unexpurgated form. 2. These Interrogatories shall be deemed continuing, if permitted by Rule, so as to require further and supplemental production in the event that the party requested to produce, or any of its attorneys, agents or representatives, obtains or discovers additional information or documents between the time of the initial production and the time of hearing or trial. 3. If any documents covered by these Interrogatories are withheld by reason of a claim of privilege, work-product immunity or other ground of non-production, a list is to be furnished at the time that documents are produced identifying each such document for which the privilege is claimed specifically by its nature (i.e., letter, memorandum, etc.) together with the following information with respect to any such document withheld: author; recipient; sender; indicated or blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and the paragraph of these Interrogatories to which such document relates. ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/30/2016 6:43:18 PM.****If a portion of an otherwise responsive document contains information that is subject to a claim of privilege, only those portions of the document subject to the claim of privilege shall be deleted or redacted from the document and the rest of the document shall be produced. In the event that any document called for by these Interrogatories has been destroyed, lost, discarded or otherwise disposed of, each such document is to be identified as completely as possible, including, without limitation, the following information: author; recipient; sender; subject matter; date prepared or received; date of disposal; person currently in possession of the document; and the person disposing of the document. . All objections to any category of documents to be produced pursuant to these Interrogatories or to any definition or instruction they contain shall be in writing and delivered to Defendant's counsel within the time provided in the Florida Rules of Civil Procedure or at such other time as is agreed upon by the parties or ordered by the Court. Where identification of a document is requested, please set forth the identity of its author or originator, the date of such authorship or origination, the identity of each person to whom the original or copy was addressed or delivered, the identity of each person known or reasonably believed to have present possession, custody, or control thereof, and a brief description of the subject matter thereof. . Where identification of a person is requested, please set forth the person's name, last- known home and business address and telephone number, and relation to Defendant, if any. Definitions "Plaintiff’ and "Insured" means, DEBRA HINES, her agents, adjusters, employees, and representatives including any independent adjusters or agents. "Defendants", "Defendant" and "you" or "your" means HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC ("HOMEOWNERS CHOICE") its parent and affiliated companies, and/or any representatives or agents who are authorized to act on HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC’S behalf including but not limited to its attorneys in this matter, GROELLE & SALMON, PA. . The term "representative" as used herein with regard to a person or entity means and includes each and every present and former director, officer, partner, employee, agent, independent consultant or expert or other person (including attorneys), such as friends, relatives and spouse, acting or purporting to act on behalf of the person or entity. . The term "document" or "documents" is used in its broadest sense and includes, without limitation, drafts, documents, whether printed, recorded, stored or reproduced by any mechanical or electronic process, or written or produced by hand, and including Computer tapes (including backup tapes) and all other computer-related documents,within your possession, custody or control. "Documents" shall also include (1) each copy that is not identical to the original or to any other copy, and (2) any tangible thing that is called for by or identified in response to any request. "Document" as used herein shall be construed broadly to include all documents and things within the scope of Florida Rule of Civil Procedure 1.340 and refers to all writings or other graphic matter, as well as any other medium by which information is stoned or recorded. It includes originals, drafts, copies and reproductions; and it includes, without limiting the generality of the foregoing, letters; memoranda; reports and/or summaries of investigations; police reports; accident reports; opinions or reports of consultants; diagrams; marginal comments appearing on any documents; accounts; telegrams; studies; lists of persons attending meetings or conferences; records or memoranda of telephone conversations; written statements; transcripts or recorded statements; recorded statements; records of personal conversations or interviews; calculations; computations; specifications; drawings; advertisements; circulars; trade letters; press releases; prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video tapes; computer tapes, cards or printouts; and all other things of like nature; and any and all containers, boxes or other receptacles or repositories housing or containing such "documents." The term "communication" shall mean any transmission of information by any means, including, without limitation, by spoken language, electronic transmission of data or any other means. The term "communication" shall include, without limitation, any copies of written information received by the person or entity responding to this request, even if such person or entity is not the primary or direct addressee of such written information. The term "referring" or "relating" shall mean showing, disclosing, averting to, comprising, evidencing, constituting or reviewing. "Person" means a natural person, firm, association, partnership, corporation or other form of legal or business entity, public or private. The singular includes the plural and vice versa; the words "and" and "or" shall be both conjunctive and disjunctive; the word "all" means “any and all"; the word "any" means "any and all"; the word "including" means "including, with limitation." All other words have their plain and ordinary meaning. DOCUMENTS TO BE PRODUCED 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. 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.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. 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. 5. All documents you reasonably expect or intend to use at trial. 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. 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. CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing document has been electronically filed with the Clerk of Court using the Florida Courts E-Filing Portal and served via Florida Courts E-Filing Portal Electronic Mail to: Ryan Sherman, Esq.; Co-Counsel for Plaintiff, Ryanshermanfl@gmail.com ; Sherman Law, P.A., 4000 Hollywood Blvd, #265-S, Hollywood, Florida 33021 and Jonathan T. Hall, Esq., ; Counsel for Defendant, grobinson@gspalaw.com and gstcourtdocs@gspalaw.com, Groelle & Salmon, PA, 7650 Courtney Campbell Cswy., Ste. 800, Tampa, FL 33067 on this 30th day of November 2016. CORLESS BARFIELD TRIAL GROUP, LLC /s/ Morgan Barfield Morgan Barfield, Esq. Florida Bar Number: 0605761 6812 West Linebaugh Avenue Tampa, Florida 33625 (813) 258-4998 (813) 258-4988 — Facsimile MBarfield@CorlessBarfield.com Co-Counsel for Plaintiff