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#** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK.***
Filing # 13917818 Electronically Filed 05/21/2014 11:19:30 AM
12-1201-PI-TF
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT, IN AND
FOR, PALM BEACH COUNTY, FLORIDA
CAROLYN BROWN, CASE NO. 502014CA001210XXXXMB
Plaintiff(s),
vs.
FRANK LEON, Ill and
TERRY'S AUTO SUPPLY, INC.,
Defendant(s).
PLAINTIFFS MOTION TO COMPEL PRODUCTION OF
DOCUMENTS TO DEFENDANT, Frank J. Leon, IE
COMES NOW, the Plaintiff, Carolyn Brown, by and through the undersigned counsel,
pursuant to Florida Rule of Civil Procedure 1.350, hereby moves this Honorable Court for an
Order compelling the Defendant, Frank J. Leon, II, to produce certain documents and in support
thereof would state:
1. The Plaintiff propounded a Request for Production to Defendant, Frank J. Leon,
IIL, with the service of the subject Complaint seeking documents relevant to the
present action.
2. Paragraph one (1) of the Request sought copies of all insurance policies providing
coverage to this Defendant for the subject accident; Paragraph Two (2) sought
copies of documents pertaining the this Defendant’s mobile telephone; Paragraph
Page 1 of 512-1201-PI-TF
Ten (10) sought documents related to the Defendant’s alleged Affirmative
Defenses; and Paragraph Thirteen (13) sought this Defendant’s medical records
for the preceding three years. A copy of the Request to Produce to this Defendant
is attached as “Exhibit A.”
3. The Defendant responded to Request One by stating that documents responsive to
the request were provided in Co-Defendant, Terry’s Auto Supply, Inc.’s, response
to Plaintiff's Request to Produce. A copy of the Defendant’s Response is attached
as “Exhibit B.”
4. However, the documents produced by Co-Defendant, Terry’s Auto Supply, Inc.,
included motor vehicle insurance contracts for the Co-Defendant only. The
Request to Defendant, Leon, is seeking any insurance policy in the name of
Defendant, Leon, and not the Co-Defendant. This Defendant should be compelled
to produce a copy of his personal automobile insurance policy and any and all
other insurance policies that would provide coverage for this accident.
5. In regard to Paragraph Two, the Defendant objected to the production of
documents pertaining to mobile telephones Defendant, Leon, had on the date of
the accident claiming that it is overly broad, unduly burdensome, not reasonably
limited in scope of time and/or subject matter, it calls for information or
documents already in the public domain, already in Plaintiff's possession, custody
or control, or equally available to Plaintiff.
6. Request Two is not overly broad, nor unduly burdensome. The Plaintiff is entitled
Page 2 of 512-1201-P]-TF
10.
to documents responsive to this Request in order to properly prepare this case for
trial and Plaintiff will be prejudiced if the Defendant is not compelled to produce
these documents. Plaintiff will agree to limit the scope and time of this request to
all documents showing telephone calls, text messages (both incoming and
outgoing), and data usage for the time period one hour before to one hour after the
subject accident.
Defendant, Leon, objected to producing documents responsive to Request Ten
(10) claiming that the requests were overly broad, unduly burdensome and not
reasonably limited in scope of time and/or subject matter.
This objection is without merit. It is not unduly burdensome, nor over broad to
request copies of documents used and/or reviewed in preparation of Defendant’s
Affirmative Defenses. Moreover, any document that supports the Defendant’s
Affirmative Defenses are wholly relevant and will likely lead to the discovery of
additional evidence.
Lastly, Defendant, Leon, objected to Request Thirteen and producing documents
regarding his medical history for the three preceding the date of accident through
the date of his response claiming that it infringes the doctor/client privilege and
because Defendant, Leon, has not asserted any medical claims the request is not
reasonably calculated to lead to the discovery of admissible evidence.
The Defendant’s objections to Request Thirteen are also without merit. The
Defendant's pre-accident medical records are relevant to the issue of causation
Page 3 of 512-1201-PI-TF
Il.
12,
13.
and whether the Defendant suffered from any medical condition that contributed
to causing the subject accident. Moreover, the post-accident medical records are
relevant to the case as Defendant would have made statements regarding how the
accident occurred, how he was injured, etc... to the treating physicians.
The Defendant’s objections should be overruled and Defendant should be
compelled to produce the requested documents.
Plaintiff will be prejudiced if the Defendant is not compelled to produce the
requested documents.
This Motion is made in good faith and not for the purposed of delay. The
undersigned has attempted to resolve this matter with Defendant’s counsel prior to
setting this Motion for hearing. However, to date, the parties have been unable to
resolve this matter.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter an Order
compelling the Defendant, Frank J. Leon, III, to produce all documents in its possession
responsive to the above-noted Requests and for any and ali other relief deemed appropriate.
I HEREBY CERTIFY that a copy of the above and foregoing has been furnished by US
Mail this a i day of May, 2014 to: Mark Hektner, Esq., Law Office of Peter J.
Delahunty, Loggerhead Plaza North 14241 US Hwy 1, Juno Beach, FL
33408,mark.hektner@zurichna.com,dawn.mills@zurichna.com,usz.slwpb.delahunty@zurichna.c
Page 4 of 512-1201-PI-TF
om,arelis.dujon@zurichna.com. Lo
Timothy C. Felice, Esq.
The Felice Law Group, PLLC
3030 8. Dixie Highway
Suite 8
West Palm Beach, FL 33405
(561) 444-8822 - Telephone
(561) 514-4946 — Facsimile
Primary Email — cfelice@fgwpblaw.com
Secondary Email — TFelice@fgwpblaw.com
Florida Bar # 0013199
Page 5 of 5
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#** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK.*** Filing # 13917818 Electronically Filed 05/21/2014 11:19:30 AM 12-1201-PI-TF IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR, PALM BEACH COUNTY, FLORIDA CAROLYN BROWN, CASE NO. 502014CA001210XXXXMB Plaintiff(s), vs. FRANK LEON, Ill and TERRY'S AUTO SUPPLY, INC., Defendant(s). PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS TO DEFENDANT, Frank J. Leon, IE COMES NOW, the Plaintiff, Carolyn Brown, by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.350, hereby moves this Honorable Court for an Order compelling the Defendant, Frank J. Leon, II, to produce certain documents and in support thereof would state: 1. The Plaintiff propounded a Request for Production to Defendant, Frank J. Leon, IIL, with the service of the subject Complaint seeking documents relevant to the present action. 2. Paragraph one (1) of the Request sought copies of all insurance policies providing coverage to this Defendant for the subject accident; Paragraph Two (2) sought copies of documents pertaining the this Defendant’s mobile telephone; Paragraph Page 1 of 512-1201-PI-TF Ten (10) sought documents related to the Defendant’s alleged Affirmative Defenses; and Paragraph Thirteen (13) sought this Defendant’s medical records for the preceding three years. A copy of the Request to Produce to this Defendant is attached as “Exhibit A.” 3. The Defendant responded to Request One by stating that documents responsive to the request were provided in Co-Defendant, Terry’s Auto Supply, Inc.’s, response to Plaintiff's Request to Produce. A copy of the Defendant’s Response is attached as “Exhibit B.” 4. However, the documents produced by Co-Defendant, Terry’s Auto Supply, Inc., included motor vehicle insurance contracts for the Co-Defendant only. The Request to Defendant, Leon, is seeking any insurance policy in the name of Defendant, Leon, and not the Co-Defendant. This Defendant should be compelled to produce a copy of his personal automobile insurance policy and any and all other insurance policies that would provide coverage for this accident. 5. In regard to Paragraph Two, the Defendant objected to the production of documents pertaining to mobile telephones Defendant, Leon, had on the date of the accident claiming that it is overly broad, unduly burdensome, not reasonably limited in scope of time and/or subject matter, it calls for information or documents already in the public domain, already in Plaintiff's possession, custody or control, or equally available to Plaintiff. 6. Request Two is not overly broad, nor unduly burdensome. The Plaintiff is entitled Page 2 of 512-1201-P]-TF 10. to documents responsive to this Request in order to properly prepare this case for trial and Plaintiff will be prejudiced if the Defendant is not compelled to produce these documents. Plaintiff will agree to limit the scope and time of this request to all documents showing telephone calls, text messages (both incoming and outgoing), and data usage for the time period one hour before to one hour after the subject accident. Defendant, Leon, objected to producing documents responsive to Request Ten (10) claiming that the requests were overly broad, unduly burdensome and not reasonably limited in scope of time and/or subject matter. This objection is without merit. It is not unduly burdensome, nor over broad to request copies of documents used and/or reviewed in preparation of Defendant’s Affirmative Defenses. Moreover, any document that supports the Defendant’s Affirmative Defenses are wholly relevant and will likely lead to the discovery of additional evidence. Lastly, Defendant, Leon, objected to Request Thirteen and producing documents regarding his medical history for the three preceding the date of accident through the date of his response claiming that it infringes the doctor/client privilege and because Defendant, Leon, has not asserted any medical claims the request is not reasonably calculated to lead to the discovery of admissible evidence. The Defendant’s objections to Request Thirteen are also without merit. The Defendant's pre-accident medical records are relevant to the issue of causation Page 3 of 512-1201-PI-TF Il. 12, 13. and whether the Defendant suffered from any medical condition that contributed to causing the subject accident. Moreover, the post-accident medical records are relevant to the case as Defendant would have made statements regarding how the accident occurred, how he was injured, etc... to the treating physicians. The Defendant’s objections should be overruled and Defendant should be compelled to produce the requested documents. Plaintiff will be prejudiced if the Defendant is not compelled to produce the requested documents. This Motion is made in good faith and not for the purposed of delay. The undersigned has attempted to resolve this matter with Defendant’s counsel prior to setting this Motion for hearing. However, to date, the parties have been unable to resolve this matter. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter an Order compelling the Defendant, Frank J. Leon, III, to produce all documents in its possession responsive to the above-noted Requests and for any and ali other relief deemed appropriate. I HEREBY CERTIFY that a copy of the above and foregoing has been furnished by US Mail this a i day of May, 2014 to: Mark Hektner, Esq., Law Office of Peter J. Delahunty, Loggerhead Plaza North 14241 US Hwy 1, Juno Beach, FL 33408,mark.hektner@zurichna.com,dawn.mills@zurichna.com,usz.slwpb.delahunty@zurichna.c Page 4 of 512-1201-PI-TF om,arelis.dujon@zurichna.com. Lo Timothy C. Felice, Esq. The Felice Law Group, PLLC 3030 8. Dixie Highway Suite 8 West Palm Beach, FL 33405 (561) 444-8822 - Telephone (561) 514-4946 — Facsimile Primary Email — cfelice@fgwpblaw.com Secondary Email — TFelice@fgwpblaw.com Florida Bar # 0013199 Page 5 of 5