On October 15, 2019 a
Response to Request for Production
was filed
involving a dispute between
Cayobit, Ricardo,
Cayubit, Roland,
and
United Property And Casualty Insurance Company,
for Contract and Indebtedness
in the District Court of Broward County.
Preview
Filing # 109701184 E-Filed 07/01/2020 08:46:54 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR BROWARD
COUNTY, FLORIDA
Case No. CACE-19-021361
RICARDO CAYOBIT AND ROLAND
CAYOBIT,
Plaintiffs,
vs.
UNITED PROPERTY AND CASUALTY
INSURANCE,
Defendant.
/
DEFENDANT UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S
RESPONSE TO REQUEST FOR PRODUCTION
COMES NOW, the Defendant, UNITED PROPERTY & CASUALTY INSURANCE
COMPANY, by and through their undersigned attorneys, and files this, their Response to the
Plaintiffs’ First Request for Production as follows:
1. Attached.
2. Attached.
3. Objection. This request calls for the disclosure of documents that are not reasonably
calculated to lead to the discovery of admissible evidence and that is protected by the work product
privilege. See State Farm Fire & Cas. Co. v. Valido, 662 So.2d 1012 (Fla. 3d DCA 1995) (insurer’s
“claim files, manuals, guidelines and documents concerning its claim handling procedures were
irrelevant to the first party dispute ... and the defendant’s surveillance photographs, witness
statements and repair estimates were protected by the work product privilege”). Please see
Defendant’s privilege log being filed contemporaneously herewith.
Page 1 of 3
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/01/2020 08:46:53 PM.****4. None.
5. None.
6. None.
7. Objection, irrelevant.
8. Objection. This request calls for the disclosure of documents that are not reasonably
calculated to lead to the discovery of admissible evidence and that is protected by the work product
privilege. See State Farm Fire & Cas. Co. v. Valido, 662 So.2d 1012 (Fla. 3d DCA 1995) (insurer’s
“claim files, manuals, guidelines and documents concerning its claim handling procedures were
irrelevant to the first party dispute ... and the defendant’s surveillance photographs, witness
statements and repair estimates were protected by the work product privilege”). Please see
Defendant’s privilege log being filed contemporaneously herewith.
9. Objection. This request calls for the disclosure of documents that are not reasonably
calculated to lead to the discovery of admissible evidence and that is protected by the work product
privilege. See State Farm Fire & Cas. Co. v. Valido, 662 So.2d 1012 (Fla. 3d DCA 1995) (insurer’s
“claim files, manuals, guidelines and documents concerning its claim handling procedures were
irrelevant to the first party dispute ... and the defendant’s surveillance photographs, witness
statements and repair estimates were protected by the work product privilege”). Please see
Defendant’s privilege log being filed contemporaneously herewith. Subject to and without
waiving these objections, please see redacted photographs attached hereto.
10. Objection. Irrelevant, overbroad and not reasonably calculated to lead to the
discovery of admissible evidence. See Defendant’s Privilege Log.
Page 2 of 3CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by e-
mail to Robin A. Richison, robin@lawlp.com; maritza@lawlp.com; LEVY & PARTNERS, LLC,
The Yankee Clipper Law Center, , 3230 Stirling Road, Suite 1, Hollywood, FL 33021, 954-727-8570,
this 1“, day of July, 2020.
By_/s/ Ailene S. Rogers
AILENE S. ROGERS.
Florida Bar # 964379
PETERSON BERNARD
Attorneys for Defendant
707 S.E. 3 Avenue, Suite 500
Fort Lauderdale, Florida 33316
(954) 763-3200
(954) 728-9019 facsimile
ailene.rogers@petersonbernard.com
sandy.dodamead@petersonbemard.com
KSB/shs
123.23855
Page 3 of 3
Preview
Filing # 109701184 E-Filed 07/01/2020 08:46:54 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA Case No. CACE-19-021361 RICARDO CAYOBIT AND ROLAND CAYOBIT, Plaintiffs, vs. UNITED PROPERTY AND CASUALTY INSURANCE, Defendant. / DEFENDANT UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S RESPONSE TO REQUEST FOR PRODUCTION COMES NOW, the Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY, by and through their undersigned attorneys, and files this, their Response to the Plaintiffs’ First Request for Production as follows: 1. Attached. 2. Attached. 3. Objection. This request calls for the disclosure of documents that are not reasonably calculated to lead to the discovery of admissible evidence and that is protected by the work product privilege. See State Farm Fire & Cas. Co. v. Valido, 662 So.2d 1012 (Fla. 3d DCA 1995) (insurer’s “claim files, manuals, guidelines and documents concerning its claim handling procedures were irrelevant to the first party dispute ... and the defendant’s surveillance photographs, witness statements and repair estimates were protected by the work product privilege”). Please see Defendant’s privilege log being filed contemporaneously herewith. Page 1 of 3 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/01/2020 08:46:53 PM.****4. None. 5. None. 6. None. 7. Objection, irrelevant. 8. Objection. This request calls for the disclosure of documents that are not reasonably calculated to lead to the discovery of admissible evidence and that is protected by the work product privilege. See State Farm Fire & Cas. Co. v. Valido, 662 So.2d 1012 (Fla. 3d DCA 1995) (insurer’s “claim files, manuals, guidelines and documents concerning its claim handling procedures were irrelevant to the first party dispute ... and the defendant’s surveillance photographs, witness statements and repair estimates were protected by the work product privilege”). Please see Defendant’s privilege log being filed contemporaneously herewith. 9. Objection. This request calls for the disclosure of documents that are not reasonably calculated to lead to the discovery of admissible evidence and that is protected by the work product privilege. See State Farm Fire & Cas. Co. v. Valido, 662 So.2d 1012 (Fla. 3d DCA 1995) (insurer’s “claim files, manuals, guidelines and documents concerning its claim handling procedures were irrelevant to the first party dispute ... and the defendant’s surveillance photographs, witness statements and repair estimates were protected by the work product privilege”). Please see Defendant’s privilege log being filed contemporaneously herewith. Subject to and without waiving these objections, please see redacted photographs attached hereto. 10. Objection. Irrelevant, overbroad and not reasonably calculated to lead to the discovery of admissible evidence. See Defendant’s Privilege Log. Page 2 of 3CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by e- mail to Robin A. Richison, robin@lawlp.com; maritza@lawlp.com; LEVY & PARTNERS, LLC, The Yankee Clipper Law Center, , 3230 Stirling Road, Suite 1, Hollywood, FL 33021, 954-727-8570, this 1“, day of July, 2020. By_/s/ Ailene S. Rogers AILENE S. ROGERS. Florida Bar # 964379 PETERSON BERNARD Attorneys for Defendant 707 S.E. 3 Avenue, Suite 500 Fort Lauderdale, Florida 33316 (954) 763-3200 (954) 728-9019 facsimile ailene.rogers@petersonbernard.com sandy.dodamead@petersonbemard.com KSB/shs 123.23855 Page 3 of 3