Preview
Filing # 81643710 E-Filed 12/05/2018 09:42:36 AM
IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. COSO-18-000124
G&R PLUMBING, INC. A/A/O JOHN
AND MARCI HAZELGROVE,
Plaintiff,
vs.
FLORIDA PENINSULA INSURANCE
COMPANY, a Florida corporation,
Defendant.
PLAINTIFF'S RESPONSE TO DEFENDANT’S REQUEST FOR PRODUCTION
Plaintiff, G&R Plumbing, Inc. a/a/o John and Marci Hazelgrove, by and through
undersigned counsel, hereby files its Response to Defendant Florida Peninsula Insurance
Company’s Request for Production, served on August 22, 2018, as follows:
1. Defendant’s Request for Production to Plaintiff #1: “All business licenses held by you
or any of your representatives who were involved in any way in the services performed at
the property.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. All responsive documents in Plaintiff’s possession are provided in response hereto.
2. Defendant’s Request for Production to Plaintiff #2: “All professional licenses or
certifications held by you or any of your representatives who were involved in any way in
the services performed at the property.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. All responsive documents in Plaintiff's possession are provided in response hereto.
3. Defendant’s Request for Production to Plaintiff #3: “The complete curriculum vitae for
each individual who was involved in any way in the services performed at the property.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 1 of 6
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/5/2018 9:42:36 AM.****a. None.
4. Defendant’s Request _for Production to Plaintiff_#4: “All written or recorded
communications of any kind, including but not limited to e-mails, text messages, instant
messages (such as iMessages), voicemails, written correspondence, notes, social media
communications, calendar entries, or any other communications of any kind between you
and Florida Peninsula Insurance Company relating in any way to the property or the issues
in this lawsuit.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. All responsive documents in Plaintiffs possession are provided in response hereto.
5. Defendant’s Request for Production to Plaintiff_#5: “All written or recorded
communications of any kind, including but not limited to e-mails, text messages, instant
messages (such as iMessages), voicemails, written correspondence, notes, social media
communications, calendar entries, or any other communications of any kind, between you
and the insured’s or any of their representatives relating in any way to the property or the
issues in this lawsuit.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. None.
6. Defendant’s Request for Production to Plaintiff_#6: “All written or recorded
communications of any kind, including but not limited to e-mails, text messages, instant
messages (such as iMessages), voicemails, written correspondence, notes, social media
communications, calendar entries, or any other communications of any kind, between you
and any contractor relating in any way to the property or the issues in this lawsuit.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. None.
7. Defendant’s Request for Production to Plaintiff_#7: “All written or recorded
communications of any kind, including but not limited to e-mails, text messages, instant
messages (such as iMessages), voicemails, written correspondence, notes, social media
communications, calendar entries, or any other communications of any kind, between you
and any public adjuster, loss consultant or damage estimator, relating in any way to the
property or the issues in this lawsuit.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as
follows:
a. None.
Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 2 of 68. Defendant’s Request for Production to Plaintiff_#8: “All written or recorded
communications of any kind, including but not limited to e-mails, text messages, instant
messages (such as iMessages), voicemails, written correspondence, notes, social media
communications, calendar entries, or any other communications of any kind between you
and any other third party relating in any way to the property or the issues in this lawsuit.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. None.
9. Defendant’s Request for Production to Plaintiff #9: “All documents provided to you by
John and/or Marci Hazelgrove or any of their representatives that relate in any way to the
property.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. None.
10. Defendant’s Request for Production to Plaintiff #10: “All documents provided to you
by any other person whatsoever, that relate in any way to the property.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. None.
11. Defendant’s Request for Production to Plaintiff #11: “All documents created by you
that relate in any way to the property.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. All responsive documents in Plaintiff's possession are provided in response hereto.
12. Defendant’s Request for Production to Plaintiff #12: “All documents relating to any
services provided by you at the property.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a, All responsive documents in Plaintiffs possession are provided in response hereto.
13. Defendant’s Request for Production to Plaintiff #13: “The entire file, cover-to-cover,
for the loss, including but not limited to:”
a. The complete digital file from any estimating software in its native digital format;
Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 3 of 6b. All estimates and invoices, including drafts;
c. Allprice lists, notes or other documents reflecting the line item prices used to create
any estimates or invoices;
d. All contracts, agreements, amendments, and addendums;
e. All documents relating to the appraisal of the property;
f. All documents relating to any inspections, estimates, or reports;
g. All notes, drying logs, moisture readings, monitoring reports, measurements,
samples, worksheets, and diagrams;
h. All Notices of Commencement;
i. All applications for building permits;
j. All documents evidencing out-of-pocket expenses for the repair or replacement of
damaged property;
k. All photographs and/or videographs and/or videos in their native digital format
(please provide color photographs and advise undersigned counsel if there is a cost
to reproduce the photographs);
1. All documents reflecting the specific equipment used by you; and
m. All calculations performed by you to determine the specific services performed,
including but not limited to the type of machines, number of machines, placement
of machines and duration of drying services performed at the property.
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. Plaintiffs entire file is provided in response hereto.
14, Defendant’s Request for Production to Plaintiff #14: “Any and all documents, including
native files and printouts of the native files, evidencing software used to price or value
estimates for the loss or services related to the loss.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. None.
15. Defendant’s Request for Production to Plaintiff #15: “Any and all documents, including
native files and printouts of the native files, evidencing how you calculated or valued
estimates for damages for the loss or services related to the loss.”
Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 4 of 616.
17.
18.
19,
20.
21.
22.
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. All responsive documents in Plaintiff's possession are provided in response hereto.
Defendant’s Request for Production to Plaintiff #16: “All documents that purport to
show the cause of the alleged loss or extent of damages, including but not limited to
plumbing reports, engineering reports, inspection reports, estimates or photographs.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. All responsive documents in Plaintiffs possession are provided in response hereto.
Defendant’s Request for Production to Plaintiff #17: “All documents referenced in your
Answers to Defendant’s First Set of Interrogatories.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
a. All responsive documents in Plaintiffs possession are provided in response hereto.
Omitted in Defendant’s Request to Plaintiff.
Defendant’s Request for Production to Plaintiff #19: “The income tax returns for G &
R Plumbing, Inc. for the 3 years prior to the date of loss and the year of the date of loss
(09/10/2017).
Plaintiff's Response: Objection; irrelevant, immaterial and not reasonably
calculated to lead to the discovery of admissible evidence.
Defendant’s Request for Production to Plaintiff #20: “W-2’s for any employee of G &
R Plumbing, Inc. that worked on the insured's property.”
Plaintiff's Response: Objection; irrelevant, immaterial and not reasonably
calculated to lead to the discovery of admissible evidence.
Defendant’s Request for Production to Plaintiff #21: “1099s issued to any independent
contractor working for G & R Plumbing, Inc, on the insured's property.”
Plaintiff's Response: Objection; irrelevant, immaterial and not reasonably
calculated to lead to the discovery of admissible evidence.
Defendant’s Request for Production to Plaintiff #22: “All payroll records of any and all
employees, including management employees, who worked for G & R Plumbing, Inc. on
the insured's property.”
Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds
as follows:
Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 5 of 6Objection; irrelevant, immaterial and not reasonably calculated to lead to the
discovery of admissible evidence.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 5, 2018, a true and correct copy of the foregoing
Gilbert Epstein, cgilbertepstein@colodnyfass.com;
MPerez@colodnyfass.com; AKoltnow@colodnyfass.com.
Respectfully submitted,
/s/ Yemil Aragon
Florida Professional Law Group, PLLC
Yemil Aragon, Esq.
Florida Bar No. 110322
4600 Sheridan St., Suite 303
Hollywood, FL 33021
Tel. (954) 284-0900
Fax. (954) 284-0747
E-mail: yaragon@flplg.com
E-mail: eservice@flplg.com
Attorneys for Plaintiff, G&R Plumbing, Inc. a/a/o
John and Marci Hazelgrove
Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 6 of 6
Preview
Filing # 81643710 E-Filed 12/05/2018 09:42:36 AM IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. COSO-18-000124 G&R PLUMBING, INC. A/A/O JOHN AND MARCI HAZELGROVE, Plaintiff, vs. FLORIDA PENINSULA INSURANCE COMPANY, a Florida corporation, Defendant. PLAINTIFF'S RESPONSE TO DEFENDANT’S REQUEST FOR PRODUCTION Plaintiff, G&R Plumbing, Inc. a/a/o John and Marci Hazelgrove, by and through undersigned counsel, hereby files its Response to Defendant Florida Peninsula Insurance Company’s Request for Production, served on August 22, 2018, as follows: 1. Defendant’s Request for Production to Plaintiff #1: “All business licenses held by you or any of your representatives who were involved in any way in the services performed at the property.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. All responsive documents in Plaintiff’s possession are provided in response hereto. 2. Defendant’s Request for Production to Plaintiff #2: “All professional licenses or certifications held by you or any of your representatives who were involved in any way in the services performed at the property.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. All responsive documents in Plaintiff's possession are provided in response hereto. 3. Defendant’s Request for Production to Plaintiff #3: “The complete curriculum vitae for each individual who was involved in any way in the services performed at the property.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 1 of 6 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/5/2018 9:42:36 AM.****a. None. 4. Defendant’s Request _for Production to Plaintiff_#4: “All written or recorded communications of any kind, including but not limited to e-mails, text messages, instant messages (such as iMessages), voicemails, written correspondence, notes, social media communications, calendar entries, or any other communications of any kind between you and Florida Peninsula Insurance Company relating in any way to the property or the issues in this lawsuit.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. All responsive documents in Plaintiffs possession are provided in response hereto. 5. Defendant’s Request for Production to Plaintiff_#5: “All written or recorded communications of any kind, including but not limited to e-mails, text messages, instant messages (such as iMessages), voicemails, written correspondence, notes, social media communications, calendar entries, or any other communications of any kind, between you and the insured’s or any of their representatives relating in any way to the property or the issues in this lawsuit.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. None. 6. Defendant’s Request for Production to Plaintiff_#6: “All written or recorded communications of any kind, including but not limited to e-mails, text messages, instant messages (such as iMessages), voicemails, written correspondence, notes, social media communications, calendar entries, or any other communications of any kind, between you and any contractor relating in any way to the property or the issues in this lawsuit.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. None. 7. Defendant’s Request for Production to Plaintiff_#7: “All written or recorded communications of any kind, including but not limited to e-mails, text messages, instant messages (such as iMessages), voicemails, written correspondence, notes, social media communications, calendar entries, or any other communications of any kind, between you and any public adjuster, loss consultant or damage estimator, relating in any way to the property or the issues in this lawsuit.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. None. Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 2 of 68. Defendant’s Request for Production to Plaintiff_#8: “All written or recorded communications of any kind, including but not limited to e-mails, text messages, instant messages (such as iMessages), voicemails, written correspondence, notes, social media communications, calendar entries, or any other communications of any kind between you and any other third party relating in any way to the property or the issues in this lawsuit.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. None. 9. Defendant’s Request for Production to Plaintiff #9: “All documents provided to you by John and/or Marci Hazelgrove or any of their representatives that relate in any way to the property.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. None. 10. Defendant’s Request for Production to Plaintiff #10: “All documents provided to you by any other person whatsoever, that relate in any way to the property.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. None. 11. Defendant’s Request for Production to Plaintiff #11: “All documents created by you that relate in any way to the property.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. All responsive documents in Plaintiff's possession are provided in response hereto. 12. Defendant’s Request for Production to Plaintiff #12: “All documents relating to any services provided by you at the property.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a, All responsive documents in Plaintiffs possession are provided in response hereto. 13. Defendant’s Request for Production to Plaintiff #13: “The entire file, cover-to-cover, for the loss, including but not limited to:” a. The complete digital file from any estimating software in its native digital format; Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 3 of 6b. All estimates and invoices, including drafts; c. Allprice lists, notes or other documents reflecting the line item prices used to create any estimates or invoices; d. All contracts, agreements, amendments, and addendums; e. All documents relating to the appraisal of the property; f. All documents relating to any inspections, estimates, or reports; g. All notes, drying logs, moisture readings, monitoring reports, measurements, samples, worksheets, and diagrams; h. All Notices of Commencement; i. All applications for building permits; j. All documents evidencing out-of-pocket expenses for the repair or replacement of damaged property; k. All photographs and/or videographs and/or videos in their native digital format (please provide color photographs and advise undersigned counsel if there is a cost to reproduce the photographs); 1. All documents reflecting the specific equipment used by you; and m. All calculations performed by you to determine the specific services performed, including but not limited to the type of machines, number of machines, placement of machines and duration of drying services performed at the property. Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. Plaintiffs entire file is provided in response hereto. 14, Defendant’s Request for Production to Plaintiff #14: “Any and all documents, including native files and printouts of the native files, evidencing software used to price or value estimates for the loss or services related to the loss.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. None. 15. Defendant’s Request for Production to Plaintiff #15: “Any and all documents, including native files and printouts of the native files, evidencing how you calculated or valued estimates for damages for the loss or services related to the loss.” Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 4 of 616. 17. 18. 19, 20. 21. 22. Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. All responsive documents in Plaintiff's possession are provided in response hereto. Defendant’s Request for Production to Plaintiff #16: “All documents that purport to show the cause of the alleged loss or extent of damages, including but not limited to plumbing reports, engineering reports, inspection reports, estimates or photographs.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. All responsive documents in Plaintiffs possession are provided in response hereto. Defendant’s Request for Production to Plaintiff #17: “All documents referenced in your Answers to Defendant’s First Set of Interrogatories.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: a. All responsive documents in Plaintiffs possession are provided in response hereto. Omitted in Defendant’s Request to Plaintiff. Defendant’s Request for Production to Plaintiff #19: “The income tax returns for G & R Plumbing, Inc. for the 3 years prior to the date of loss and the year of the date of loss (09/10/2017). Plaintiff's Response: Objection; irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Defendant’s Request for Production to Plaintiff #20: “W-2’s for any employee of G & R Plumbing, Inc. that worked on the insured's property.” Plaintiff's Response: Objection; irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Defendant’s Request for Production to Plaintiff #21: “1099s issued to any independent contractor working for G & R Plumbing, Inc, on the insured's property.” Plaintiff's Response: Objection; irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Defendant’s Request for Production to Plaintiff #22: “All payroll records of any and all employees, including management employees, who worked for G & R Plumbing, Inc. on the insured's property.” Plaintiff's Response: To the best of its knowledge and belief, Plaintiff responds as follows: Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 5 of 6Objection; irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 5, 2018, a true and correct copy of the foregoing Gilbert Epstein, cgilbertepstein@colodnyfass.com; MPerez@colodnyfass.com; AKoltnow@colodnyfass.com. Respectfully submitted, /s/ Yemil Aragon Florida Professional Law Group, PLLC Yemil Aragon, Esq. Florida Bar No. 110322 4600 Sheridan St., Suite 303 Hollywood, FL 33021 Tel. (954) 284-0900 Fax. (954) 284-0747 E-mail: yaragon@flplg.com E-mail: eservice@flplg.com Attorneys for Plaintiff, G&R Plumbing, Inc. a/a/o John and Marci Hazelgrove Matter ID: 2256; Plaintiff's Response to Defendant’s RFP Page 6 of 6