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Filing # 47422937 E-Filed 10/10/2016 03:42:53 PM
IN THE CIRCUIT COURT, OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
DEBRA HINES, BROWARD COUNTY, FLORIDA
Plaintiff, CASE NO.: CACE-14-016655 DIV. 02
vs.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.
a Florida Corporation,
Defendant.
/
DEFENDANT’S SECOND REQUEST FOR PRODUCTION TO PLAINTIFF
(Expert and Trial Requests)
COMES NOW, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, by and through its undersigned attorneys, and hereby requests the
Plaintiff, DEBRA HINES, to produce the following documents pursuant to Florida Rule of Civil
Procedure 1.350:
1. DEFINITIONS AND INSTRUCTIONS:
A. As used herein, “Plaintiff,” “you,” or “your,” shall mean the Plaintiff, DEBRA HINES,
her attorneys, and any/all persons or entities over which they have control, have hired,
have retained, or have employed for any purpose, whether directly or through any other
person or entity.
B. As used herein, “Defendant,” “shall mean the Defendant, HOMEOWNERS CHOICE
PROPERTY & CASUALTY INSURANCE COMPANY, its affiliates, partners,
agents, adjusters, whether independent or in house, servants, employees, attorneys, expert
witnesses, accountants, auditors, and any other persons or entities over which you believe
Defendant has control over or has hired, retained or employed for any purpose, whether
directly by it or through any other person or entity.
C. As used herein, the "Property," means the building located at 3816 S. Lake Terrace,
Miramar, FL 33023.
D. As used herein, the term “document” or “documents” shall be defined to include any and
all documents, memoranda (including written memoranda of telephone conversations,
oral communications, discussions, agreements, acts or activities), pictures letters,
postcards, telegrams, messages (including telephone messages), facsimiles, intra- and
interoffice communications, correspondence, handwritten and/or typewritten notes,
pamphlets, diaries, records of any kind, sound recordings, contracts, agreements, books,
letters, reports, catalogues, financial statements, receipts, invoices, billing statements
(including credit card and telephone statements), purchase orders, proposals, affidavits,
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/10/2016 3:42:52 PM.****advertisements, solicitations, indices, data processing cards, other data processing
materials, data, maps, directives, desk pads, calendars, scrap books, notebooks, drawings,
diagrams, sketches, statistical records, appointment books, diaries, computer printouts,
data processing input and output, computer input and output, e-mail, microfilms, other
records kept by electronic, photographic or mechanical means, and writing of every kind
and character, including preliminary drafts and other copies of the foregoing, however
produced or reproduced. If multiple copies of a document exist, each copy which is any
way not completely identical to a copy which is being produced should also be produced.
E. As employed herein, “all documents” shall refer to and shall include every document as
above-defined, known to you and every such document or thing that can be located or
discovered by reasonable diligent efforts, whether or not originally in your custody,
possession or control.
F, When producing the requested documents and things, please produce same as they are
kept in the usual course or business or label them to correspond with the categories of this
request for production.
G. If you claim a privilege as to anything requested for production herein, you are requested
to provide a privilege log pursuant to Fla. R. Civ. P. 1.280(b)(5).
II. DOCUMENT REQUE
19. Any and all documents, records or any other materials responsive to the Request(s) for
Production previously propounded upon the Plaintiffs by the Defendant, but which has
not been produced to the Defendant to date.
20. Any and all documents you reasonably expect or intend to use at trial which have not
previously been produced to the Defendant to date.
21. Any and all documents intended by you to be used for witness impeachment, including
any deposition or other sworn testimony or statements from any witnesses, including
Defendant’s experts.
22. Any and all documents identified by you in your response to the Defendant’s Expert and
Trial Interrogatories served contemporaneously with this Request for Production.
23. Any and all documents which identify each case in which any expert you reasonably
expect to call to testify at trial, has testified as an expert witness by deposition or at trial
during the last three (3) years on behalf of the Plaintiffs, and/or Plaintiffs’ attorneys,
and/or their representatives.
24. Any and all documents which identify the number of times that Plaintiffs, and/or
Plaintiffs’ attorneys, and/or their representatives, have retained any expert you reasonably
expect to call to testify at trial during the last three (3) years.25.
26.
27.
28.
forwarded by electronic mail to: Ryan H. Sherman at ecservic
Barfield at Mbarfield@ Corl
14211
Any and all documents which identify the amount of money that Plaintiffs, and/or
Plaintiffs’ attorneys, and/or their representatives, has paid any expert you reasonably
expect to call to testify at trial during the last three (3) years, including, but not limited to
IRS Form 1099's.
Any and all documents which identify the amount of money that Plaintiffs, and/or
Plaintiffs’ attorneys, and/or their representatives, have paid or will pay any expert you
reasonably expect to call to testify at trial for services provided in connection with this
matter.
Any and all correspondence between the Plaintiffs (and/or Plaintiffs’ attorneys, and/or
their representatives) and any expert you reasonably expect to call to testify at trial which
has not previously been produced to the Defendant.
Any and all documents relating to any agreement between the Plaintiffs, and/or Plaintiffs’
attorneys, and/or their representatives, and any witness you reasonably expect to call to
testify at trial concerning any payments or income to the expert as a result of the outcome
of the trial of the above-styled matter, including but not limited to any letters of
protection or indemnity, or any documents relating to any cost agreements.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
LPA@ gmail.com, and Morgan
rfield.com on this 10 day of October, 2016.
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)
wy, PA T Dbober
ROBERT T. SCHULTE, ESQ.
FBN: 88819
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Filing # 47422937 E-Filed 10/10/2016 03:42:53 PM IN THE CIRCUIT COURT, OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR DEBRA HINES, BROWARD COUNTY, FLORIDA Plaintiff, CASE NO.: CACE-14-016655 DIV. 02 vs. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC. a Florida Corporation, Defendant. / DEFENDANT’S SECOND REQUEST FOR PRODUCTION TO PLAINTIFF (Expert and Trial Requests) COMES NOW, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, by and through its undersigned attorneys, and hereby requests the Plaintiff, DEBRA HINES, to produce the following documents pursuant to Florida Rule of Civil Procedure 1.350: 1. DEFINITIONS AND INSTRUCTIONS: A. As used herein, “Plaintiff,” “you,” or “your,” shall mean the Plaintiff, DEBRA HINES, her attorneys, and any/all persons or entities over which they have control, have hired, have retained, or have employed for any purpose, whether directly or through any other person or entity. B. As used herein, “Defendant,” “shall mean the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, its affiliates, partners, agents, adjusters, whether independent or in house, servants, employees, attorneys, expert witnesses, accountants, auditors, and any other persons or entities over which you believe Defendant has control over or has hired, retained or employed for any purpose, whether directly by it or through any other person or entity. C. As used herein, the "Property," means the building located at 3816 S. Lake Terrace, Miramar, FL 33023. D. As used herein, the term “document” or “documents” shall be defined to include any and all documents, memoranda (including written memoranda of telephone conversations, oral communications, discussions, agreements, acts or activities), pictures letters, postcards, telegrams, messages (including telephone messages), facsimiles, intra- and interoffice communications, correspondence, handwritten and/or typewritten notes, pamphlets, diaries, records of any kind, sound recordings, contracts, agreements, books, letters, reports, catalogues, financial statements, receipts, invoices, billing statements (including credit card and telephone statements), purchase orders, proposals, affidavits, ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/10/2016 3:42:52 PM.****advertisements, solicitations, indices, data processing cards, other data processing materials, data, maps, directives, desk pads, calendars, scrap books, notebooks, drawings, diagrams, sketches, statistical records, appointment books, diaries, computer printouts, data processing input and output, computer input and output, e-mail, microfilms, other records kept by electronic, photographic or mechanical means, and writing of every kind and character, including preliminary drafts and other copies of the foregoing, however produced or reproduced. If multiple copies of a document exist, each copy which is any way not completely identical to a copy which is being produced should also be produced. E. As employed herein, “all documents” shall refer to and shall include every document as above-defined, known to you and every such document or thing that can be located or discovered by reasonable diligent efforts, whether or not originally in your custody, possession or control. F, When producing the requested documents and things, please produce same as they are kept in the usual course or business or label them to correspond with the categories of this request for production. G. If you claim a privilege as to anything requested for production herein, you are requested to provide a privilege log pursuant to Fla. R. Civ. P. 1.280(b)(5). II. DOCUMENT REQUE 19. Any and all documents, records or any other materials responsive to the Request(s) for Production previously propounded upon the Plaintiffs by the Defendant, but which has not been produced to the Defendant to date. 20. Any and all documents you reasonably expect or intend to use at trial which have not previously been produced to the Defendant to date. 21. Any and all documents intended by you to be used for witness impeachment, including any deposition or other sworn testimony or statements from any witnesses, including Defendant’s experts. 22. Any and all documents identified by you in your response to the Defendant’s Expert and Trial Interrogatories served contemporaneously with this Request for Production. 23. Any and all documents which identify each case in which any expert you reasonably expect to call to testify at trial, has testified as an expert witness by deposition or at trial during the last three (3) years on behalf of the Plaintiffs, and/or Plaintiffs’ attorneys, and/or their representatives. 24. Any and all documents which identify the number of times that Plaintiffs, and/or Plaintiffs’ attorneys, and/or their representatives, have retained any expert you reasonably expect to call to testify at trial during the last three (3) years.25. 26. 27. 28. forwarded by electronic mail to: Ryan H. Sherman at ecservic Barfield at Mbarfield@ Corl 14211 Any and all documents which identify the amount of money that Plaintiffs, and/or Plaintiffs’ attorneys, and/or their representatives, has paid any expert you reasonably expect to call to testify at trial during the last three (3) years, including, but not limited to IRS Form 1099's. Any and all documents which identify the amount of money that Plaintiffs, and/or Plaintiffs’ attorneys, and/or their representatives, have paid or will pay any expert you reasonably expect to call to testify at trial for services provided in connection with this matter. Any and all correspondence between the Plaintiffs (and/or Plaintiffs’ attorneys, and/or their representatives) and any expert you reasonably expect to call to testify at trial which has not previously been produced to the Defendant. Any and all documents relating to any agreement between the Plaintiffs, and/or Plaintiffs’ attorneys, and/or their representatives, and any witness you reasonably expect to call to testify at trial concerning any payments or income to the expert as a result of the outcome of the trial of the above-styled matter, including but not limited to any letters of protection or indemnity, or any documents relating to any cost agreements. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been LPA@ gmail.com, and Morgan rfield.com on this 10 day of October, 2016. 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) wy, PA T Dbober ROBERT T. SCHULTE, ESQ. FBN: 88819