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  • Karla Zingaro Plaintiff vs. American Tobacco Co, et al Defendant Products Liability/Tobacco Litigation document preview
  • Karla Zingaro Plaintiff vs. American Tobacco Co, et al Defendant Products Liability/Tobacco Litigation document preview
  • Karla Zingaro Plaintiff vs. American Tobacco Co, et al Defendant Products Liability/Tobacco Litigation document preview
  • Karla Zingaro Plaintiff vs. American Tobacco Co, et al Defendant Products Liability/Tobacco Litigation document preview 
						
                                
Preview

                                Filing # 76297840 E-Filed 08/10/2018 03:51:40 PM

IN THE CIRCUIT COURT FOR THE
17TH JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
JUDGE RAGG SIGNHAL

IN RE: ENGLE PROGENY CASES

TOBACCO LITIGATION

Pertains To: Zingaro

Case No.: 2007-CV-036438 (21)
/

DEFENDANT PHILIP MORRIS USA INC.’S FIFTH REQUEST FOR
PRODUCTION OF DOCUMENTS TO PLAINTIFF KARLA ZINGARO

Pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, Defendant Philip Morris
USA Inc. requests that Plaintiff Karla Zingaro produce and permit inspection, sampling, testing
and/or copying of the following documents within thirty (30) days of the date of service.

DEFINITIONS AND INSTRUCTIONS

A. “Plaintiff,” “you,” and “your” shall refer to Plaintiff Karla Zingaro and shall include
any alias, nickname, or other name by which Plaintiff Karla Zingaro may have been known at any
time, and, where appropriate, Plaintiff's agents, employees, representatives and attorneys.

B. “Claim” shall mean demand, request, application, petition, appeal, assertion,
statement, declaration, contention, or allegation.

Cc “Document” shall include the meaning of that term used in Rule 1.350(a), Florida
Rules of Civil Procedure.

D. “Defendants” shall mean Philip Morris USA Inc.; R.J. Reynolds Tobacco Company,
individually and as successor-by-merger to Lorillard Tobacco Company; and any other tobacco

company which is currently or was previously a defendant in this lawsuit.

1035305 v1

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 8/10/2018 3:51:40 PM.****CASE NO.: 2007-CV-036438 (21)

E. “Relating to” or “relate to” shall mean concerning, pertaining to, involving,
discussing, describing, referring to, supporting, demonstrating, illustrating, or providing evidence
thereof.

F. In providing the documents called for by this Request, you are requested to produce
them as they are kept in the usual course of business and to organize and label them to correspond
with the categories to which they relate.

G. Documents that cannot be legibly copied should be produced in their original form.

H. These Requests are intended to cover all documents in your possession or subject
to your custody and control, whether directly or indirectly.

1. Each paragraph and subparagraph of these Requests should be construed
independently, and no other paragraph or subparagraph shall be referred to or relied on for the
purpose of limiting the scope.

J. The singular form of a word shall be interpreted as plural and the plural form of a
word shall be interpreted as singular whenever appropriate to bring within the scope of these
Requests any documents which might be considered to be beyond the scope.

K. These Requests shall be construed as continuing. You shall promptly supplement
your response to these Requests whenever any other responsive document not previously produced
becomes known to you.

L. If in answering these Requests you claim any ambiguity in interpreting either an
individual request or a definition or instruction applicable thereto, such claims shall not be utilized
by you as a basis for refusing to respond, but there shall be set forth as part of the response the

language deemed to be ambiguous and the interpretation chosen or used in responding.

1035305 v1CASE NO.: 2007-CV-036438 (21)

M. Any document as to which you claim privilege or exemption from discovery shall
be identified by date, author, description, and general subject matter with a statement of the ground
for privilege or exemption from discovery.

N. All designated documents are to be taken as including all attachments and
enclosures. If any portion of a document is responsive to a Request, the entire document should
be produced. If documents responsive to this Request are normally kept in a file or other folder,

also produce that file or folder.

1035305 v1CASE NO.: 2007-CV-036438 (21)

DOCUMENTS TO BE PRODUCED
1. The “medical book” that Plaintiff Karla Zingaro references on pages 569:13-570:4
of her April 24, 2018, deposition that contained the “handwritten note” marked as Exhibit 29 for
identification purposes at her deposition.
2. Any handwritten notes, posted notes, or other documents written by Plaintiff Karla
Zingaro, Plaintiff Robert Zingaro, doctors, nurses, surgeons, or any other person, that relates to the
injuries and illnesses that Plaintiff Karla Zingaro seeks recovery for in this lawsuit and are in her

possession, custody, or control.

Respectfully submitted,

/s/ Maria Salcedo.

STACEY E. DEERE

Fla. Bar No.: 059923

MEGAN M. EGLI

Fla. Bar No.: 93209

MARIA SALCEDO

Fla. Bar No.: 100966
ALEXANDRA M. NIEVES

Fla. Bar No.: 1003080

SHOOK, HARDY & BACON L.L.P.
2555 Grand Blvd.

Kansas City, Missouri 64108-2613
Telephone: (816) 474-6550
Facsimile: (816) 421-5547
SHBPMAttyBroward@shb.com
sdeere@shb.com

megli@shb.com
msalcedo@shb.com
anieves@shb.com

Counsel for Philip Morris USA Inc.

1035305 v1CASE NO.: 2007-CV-036438 (21)

CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served by

E-mail and through the Florida Court’s E-Filing Portal on all counsel listed below this 10th day

of August, 2018.

Counsel for Plaintiff:

Eric S. Rosen, Esq.

Kimberly Wald, Esq.

Josiah D. Graham, Esq.
KELLEY UUSTAL, PLC
700 S.E. 3rd Avenue, Suite 300
Ft. Lauderdale, Florida 33316
esr@kulaw.com
klw@kulaw.com
jdg@kulaw.com
vesenia@kulaw.com

1035305 v1

Counsel for Defendant R.J. Reynolds
Tobacco Company, individually and as
successor by merger to Lorillard Tobacco

Company:

Jason E. Keehfus, Esq.
Austin A. Evans, Esq.
KING & SPALDING LLP
1180 Peachtree Street, N.E.
Atlanta, GA 30309

KSTobacco@kslaw.com
aevans@kslaw.com
jkeehfus@kslaw.com

Cory Hohnbaum, Esq.

KING & SPALDING LLP

100 North Tryon Street, Suite 3900
Charlotte, NC 28202

chohnbaum@kslaw.com

Eric L. Lundt, Esq.

David Saltares, Paralegal

GRAY ROBINSON, P.A.

401 E. Las Olas Blvd., Suite 1000
Fort Lauderdale, FL 33301

Eric.lundt@gray-robinson.com
David.saltares@gray-robinson.com

Counsel for Philip Morris USA Inc.