Preview
Filing # 85454664 E-Filed 02/25/2019 03:38:59 PM.
IN THE CIRCUIT COURT OF THE 11"
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2018-032555-CA-01
JUTA BOIANGIN, an individual,
Plaintiff,
v.
BLUE JAY TRUCKING, INC.,
a Florida for profit corporation, and
IMPACT LOGISTICS SERVICES, LLC,
a New Jersey limited liability company,
Defendants.
/
DEFENDANT, BLUE JAY TRUCKING, INC.’S, MOTION TO COMPEL PLAINTIFF’S
ANSWERS TO DISCOVERY
COMES NOW Defendant, BLUE JAY TRUCKING, INC., by and through the
undersigned counsel, and pursuant to the provisions of Rule 1.380 of the Florida Rules of Civil
Procedure, hereby moves this Court for entry of an order compelling Plaintiff, JUTA BOIANGIN,
to answer Defendant’s Interrogatories and Request for Production dated January 15, 2019, and as
cause for this Motion states as follows:
1. On January 15, 2019, Defendant Blue Jay served Plaintiff with First Request for
Production and First set of Interrogatories. See Request for Production and Interrogatories
attached hereto and incorporated herein as Exhibit “A”.
2. The information sought is relevant, material and necessary to the defense of this
case.
3. To date, neither answers nor objections have been filed to this outstanding
discovery. Further, Plaintiff has not requested an extension of time to comply with these discovery
requests. The time to respond has now passed, and as such, all objections are now waived.
Active\90051618.v1-2/25/19CASE NO: 2018-032555-CA-01
4, Defendant is prejudiced in their evaluation and defense of this lawsuit by Plaintiff's
failure to respond to the discovery.
5. A good faith effort has been made, or will be made by Defendant to secure the
requested discovery before any hearing on this Motion.
WHEREFORE, the Defendant, BLUE JAY TRUCKING, INC., humbly moves this Court
for the entry of an Order compelling Plaintiff to answer the outstanding discovery within ten (10)
days of the date of this Order, and for any other relief this Court deems just and proper.
FOX ROTHSCHILD LLP
Attorneys for Blue Jay Trucking, Inc.
2 South Biscayne Boulevard
One Biscayne Tower, Suite 2750
Miami, FL 33131
Telephone: (305) 442-6540
Facsimile: (305) 442-6541
By: _/s/ Aaron H. Epstein
MICHAEL A. SASTRE
Florida Bar No. 0070335
msastre@foxrothschild.com (primary)
krodriguez@foxrothschild.com (secondary)
AARON H. EPSTEIN
Florida Bar No. 0048051
aepstein@foxrothschild.com (primary)
krodriguez@foxrothschild.com (secondary)
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing was served utilizing
the Court’s e-filing portal and e-service in accordance with Fla. R. Jud. Admin. 2.516 on this 25™
day of February, 2019 to: RYAN M. CLANCY, ESQ., Ainsworth + Clancy, PLLC, Counsel for
Plaintiff, 1111 Brickell Avenue, Suite 1100, Miami, FL 33131.
By: /s/Aaron H. Epstein
AARON H. EPSTEIN
Active\90051618.v1-2/25/19Filing # 83385741 E-Filed 01/15/2019 03:30:59 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI DADE COUNTY, FLORIDA
JUTA BOIANGIN,
an individual
Plaintiff,
v.
BLUE JAY TRUCKING, INC.,
a Florida for profit corporation, and
IMPAC LOGISTIC SERVICES, LLC,
a New Jersey limited liability company
Defendants.
CASE NO.: 2018-032555-CA-01
/
NOTICE OF SERVING FIRST SET OF INTERROGATORIES TO PLAINTIFF
Defendant, BLUE JAY TRUCKING, INC., by and through the undersigned counsel and
pursuant to the Florida Rules of Civil Procedure, hereby propounds its First Set of Interrogatories
upon Plaintiff, JUTA BOIANGIN, to be fully and completely answered under oath within thirty
(30) days of the certificate of service.
ACTIVE\84497196.v1-1/15/19
FOX ROTHSCHILD LLP
Attorneys for Blue Jay Trucking, Inc.
2 South Biscayne Boulevard
One Biscayne Tower, Suite 2750
Miami, FL 33131
Telephone: (305) 442-6540
Facsimile: (305) 442-6541
By:_/s/ Aaron H. Epstein
MICHAEL A. SASTRE
Florida Bar No. 0070335
msastre@foxrothschild.com (primary)
krodriguez@foxrothschild.com (secondary)
AARON H. EPSTEIN
Florida Bar No. 0048051
aepstein@foxrothschild.com (primary)
krodriguez@foxrothschild.com (secondary)
EXHIBIT ACASE NO: 2018-032555-CA-01
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via fax
and utilizing the Court’s e-filing portal and e-service in accordance with Fla. R. Jud. Admin. 2.516
on this 15" day of January, 2019 to: RYAN M. CLANCY, ESQ., Ainsworth + Clancy, PLLC,
Counsel for Plaintiff, 1111 Brickell Avenue, Suite 1100, Miami, FL 33131.
By: /s/Aaron H. Epstein
AARON H. EPSTEIN
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DEFINITIONS
A. "Communications" as used herein shall mean any document, oral statement, meeting, or
conference, formal or informal, at any time or place, and under any circumstances whatsoever, whereby
information of any nature was stated, written, recorded, or in any manner transmitted or transferred
including but not limited to:
(i) Electronic data including but not limited to: information stored on PDA's
(personal digital assistants), computer source codes, electronically generated
trial balances, general ledgers, native files, emails, instant messages, relevant
to the underlying dispute.
B. “Complaint” as used herein refers to the Complaint filed by you, commencing this action.
C. The words "Document" and "Documents" are used in their broadest sense and shall include all
written, printed, typed, recorded, or graphic matter of every kind and description, both originals and
copies, and all attachments and appendices thereto. Without limiting the foregoing, the terms
"Document" and "Documents" shall mean and include all agreements, contracts, communication,
correspondence, letters, telegrams, telexes, messages, memoranda, notes, records, reports, books,
summaries or other records of telephone conversations or interviews, summaries or other records of
personal conversations, minutes, or summaries or other records of meetings and conferences, or
summaries or other records of negotiations, other summaries, diaries, diary entries, calendars,
appointment books, time records, instructions, work assignments, forecasts, statistical data, statistical
statements, financial statements, worksheets, papers, drafts, charts, tables, accounts, analytical records,
bills, statements, records of obligation or expenditure invoices, lists, recommendations, printouts,
complications, tabulations, analyses, studies, surveys, transcripts, affidavits, expense reports,
microfilm, microfiche, articles, speeches, tape or disk recordings, sound or voice recordings,
video recordings, film, tapes, photographs, programs, data compilations from which information
can be obtained (including matter used in data processing), and other printed, written, handwritten,
typewritten, recorded, stenographic, computer-generated, computer stored, or electronically stored
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ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01
matter, however, and by whomever, produced prepared, reproduced, disseminated, or made. The
terms "document" and "documents" also include material stored on
disks or other forms of data storage used in connection with word processing machines or
computers, including electronic mail, and all copies of documents by whatever means made.
Where a document is identified or produced, identical copies thereof which do not contain any
markings, additions, or deletions different from original need not be separately produced.
D. “Or" as used herein shall be interpreted broadly in the sense of "and/or."
E. “Person” as used herein means any natural person, individual, other individual
proprietorship, partnership, corporation, association, organization, joint business enterprise,
governmental body, group of natural persons or other entity.
F. "Relate," including its various forms such as relating to, as used herein shall mean any
Documents which comprise, explicitly or implicitly, refer to, were reviewed in conjunction with,
or were generated as a result of or in connection with, the subject matter of the request.
G. "You" or "your" as used herein shall refer to Plaintiff, JUTA BOIANGIN.
H. “Your Spouse” refers to the spouse(s) of the above.
I. The use of the singular form of any word includes the plural, and the use of the plural
includes the singular.
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INSTRUCTIONS
1. Ifany interrogatory cannot be answered in full or in part, you shall state, in writing, the reasons
for your inability to answer all or any portion of the interrogatory and serve those reasons at the time
required for response.
2. If any of the responses requested herein is withheld under a claim of privilege, specify, in
detail, the basis upon which the asserted privilege is claimed.
3. These interrogatories are deemed to be continuing in nature, and in the event you become aware
of additional responsive information, you are requested promptly to provide such additional responsive
information.
4. Ifin responding to these interrogatories you encounter any ambiguity in construing any request,
instruction or definition, set forth the matter deemed ambiguous and the construction used in
responding thereto.
5. Unless otherwise indicated, the time period covered by these Interrogatories is from the
beginning of your records through the present date.
6. Ifany interrogatory cannot be answered in full or in part, you shall state, in writing the reasons
for your inability to answer all or any portion of the interrogatory and serve those reasons to Defendant.
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INTERROGATORIES
1. What is the name, address, date of birth, social security number, driver's license number
and official position or relationship with the party to whom the interrogatories are directed
of the person answering these interrogatories and of all persons assisting with the
answering of these interrogatories?
2. Please state the facts you rely on to support your allegation in paragraph 7 of your
Complaint: “Upon information and belief Defendant, BLUE JAY TRUCKING, INC., was
leasing the Trailer from Defendant, IMPAC LOGISTICS SERVICES, LLC.”, and state the
names and addresses of all persons who provided said information.
3. Please state the facts you rely on which you rely to support your allegation in paragraph 15
of your Complaint, that Blue Jay was the “owner and/or operator of the Trailer’, and state
the names and addresses of all persons who provided said information.
4. Please state the facts on which you rely to support your allegation in paragraph 17 of your
Complaint that Blue Jay “appeared to have been keeping the Trailer parked in Northwest 75th
Avenue for extended periods of time”, and state the names and addresses of all persons who
provided said information.
5. Please state the facts on which you rely to support your allegation that Blue Jay leased the
subject Trailer and/or had a business relationship with Impac Logistics, and state the names
and addresses of all persons who provided said information.
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6. Do you have any evidence, other than Blue Jay moving the subject trailer after the accident,
that Blue Jay was in any way connected to this accident? If so, please state what evidence
and state the names and addresses of all persons who uncovered said evidence.
7. Did Blue Jay also move your vehicle after the accident? If so, please state who gave Blue
Jay the authority to do so.
8. Please list the names, business addresses, and telephone numbers for all employers for
whom or where you have worked in the past ten years, including any agency or self-
employment and periods of unemployment, and for each provide your dates of employment
and rates of pay.
9. Please list all former names and when you were known by those names. State all addresses
where you have lived for the past ten years, including the dates you lived at each address,
and, if you are or have ever been married, the name, address, Social Security Number and
date of birth of all your spouses.
10. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when
were they prescribed, when were your eyes or ears last examined, and what is the name
and address of the examiner?
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11. Have you ever been arrested or convicted of a crime, other than any juvenile adjudication?
If so, state as to each arrest or conviction the specific crime(s) charged, the date and the
place of each arrest, and the date, disposition and court of each conviction.
12. Were you suffering from physical infirmity, disability, or sickness at the time of the
incident described in the Complaint? If so, what was the nature of the infirmity, disability,
or sickness?
13. Did you consume any alcoholic beverages or take any drugs or medications within twelve
hours before the time of the incident described in the complaint? If so, state the type and
amount of alcoholic beverages, drugs, or medication which were consumed, and when and
where you consumed them.
14, Please state the date, time and precise location of the alleged incident, the full names and
addresses of all persons present with you at the time, and describe in detail how the incident
described in the complaint happened, including all actions taken by you to prevent the
incident, and whether you were wearing a seatbelt, and whether any mechanical defect in
the vehicle caused or contributed to the accident.
15. Describe in detail each act or omission on the part of this Defendant that you contend
constituted negligence that was a legal cause of the incident in question.
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16. Describe each injury for which you are claiming damages in this case, specifying the part
of your body that was injured, the nature of the injury and, as to any injuries you contend
are permanent, the effects on you that you claim are permanent.
17. As to each part of your body identified in the interrogatory above as injured as a result of
the alleged accident, please state whether you have ever previously injured or had any pain,
injury or sought medical attention for any of those parts of your body. If so, please:
a. specify the part(s) of your body;
b. the nature or extent of the prior injury, pain discomfort or difficulty;
c. the cause (i.e., accident, disease) of the prior injury, pain, discomfort, or
difficulty; and
d. the name, address and telephone number of all medical providers who or
medical facilities where you have seen or treated for the prior injury,
discomfort or difficulty.
18. Please list each item of expense or damage, other than loss of income or earning capacity,
that you claim to have incurred as a result of the incident described in the complaint, giving
for each item the date incurred, the name, business address and telephone number of the
person or entity to whom each was paid or is owed, and the goods or services for which
each was incurred.
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19. Do you contend that you have lost any income, benefits, or earning capacity in the past or
future as a result of the incident described in the complaint? If so, state the nature of the
income, benefits, or earning capacity, and the amount and the method that you used in
computing the amount.
20. Has anything been paid or is anything payable from any third party, including any insurer,
employer, or other, for the damages listed in your answers to these interrogatories? If so,
state the amounts paid or payable and the name, business address and telephone number of
the person or entity that paid or owes said amounts. For each person or entity listed, please
identify which has a lien or claims a right of subrogation or reimbursement, including the
present amount of such lien, right of subrogation or right of reimbursement.
21. List the name, business address and telephone number of each physician who has treated
or examined you, and each medical facility where you have received any treatment or
examination for the injuries for which you seek damages in this case; and state as to each
the date(s) of treatment or examination and the injury or condition for which you were
examined or treated.
22. List the name, business address and telephone number of all other physicians, hospitals,
medical facilities, psychologists, counselors, or other health care providers by whom or at
which you have been examined or treated in the past ten (10) years; and state as to each the
dates of examination or treatment and the condition or injury for which you were examined
or treated.
-10-
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23. List the names, addresses and telephone number of all persons who are believed or known
by you, your agents or attorneys to have any knowledge concerning any of the issues in
this lawsuit; and specify the subject matter about which the witness has knowledge.
24. Have you heard or do you know about any statement or remark made by or on behalf of
any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so,
state the name, address and telephone number of each person who made the statement or
statements; the name, address and telephone number of each person who heard it; and the
date, time, place, and substance of each statement.
25, Please state the name, address and telephone number of every person known to you, your
agents or your attorneys who has knowledge about, or possession, custody or control of,
any model, plat, map, drawing, measurement, motion picture, videotape, photograph or
digital image pertaining to any fact or issue involved in this controversy; and describe as
to each, what item such person has; the name, address and telephone number of the person
who took or prepared it; and the date it was taken or prepared.
26. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other
than the present matter, or if you have ever asserted a claim in any matter (including but
not limited to, P.I.P. and UM/UIM claims, auto claims, slip-and-fall claims, worker’s
compensation, homeowner’s claims, etc.), and if so, state whether you were plaintiff or
defendant, the nature of the action, claim or proceedings, the injuries you claimed therein,
the approximate date and court in which such suit was filed; or, in the event of a claim,
state the name of the opposing insurance carrier, and the name of your counsel, if any.
-ll-
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27. Have you ever been involved in any other fall, auto accident, or other accident or incident
of whatever type or nature during the past ten (10) years to the present time? If so,
a. Identify the date and place of each fall, auto accident, or other accident or
incident;
b. State whether you received or sustained any injury, whether permanent or not, as a
result of each such fall, accident, or incident, and if so, describe with specificity
the type or nature of the injury you received or sustained in each such fall,
accident or incident;
c. State the name, address and telephone number of all physicians, hospitals, or
medical facility where you received any treatment or examination as a result of the
injury you received or sustained from each such fall, accident or incident; and
d. State whether you initiated a claim and/or lawsuit against any person or entity as a
result of each such fall, accident or incident. If so, the name and address of the
person or entity against whom you initiated the claim and/or lawsuit, the nature of
the claim, the date and court if suit was filed, and the present status of each such
claim or lawsuit.
28. Please state the name, address, and telephone number of every auto, health insurance
company, HMO, PPO, or private or governmental entity! which has provided services,
payment or reimbursement for any auto, medical or health related services, or loss of
income reimbursement to you within the past ten (10) years and for each, include the named
insured, identification number, policy number, and group number for each and dates of
coverage.
' This interrogatory includes, but is not limited to: the United States Social Security Act;
any federal, state, or local income disability act; any other public programs providing medical
expenses, disability payments, or other similar benefits; any health, sickness, or income disability
insurance; automobile accident insurance that provides health benefits or income disability
coverage; and any other similar insurance benefits available to the claimant, whether purchased by
her or him or provided by others.
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29. Please describe in detail all your activities on the date of the subject incident between the
hours of 6 A.M. and 11:59 P.M., on the date of the alleged incident, including everything
you did at home and at work, all places you visited or went to, all medications you took,
and the approximate time you took them, and the persons who were with you during that
time period.
30. Please state the number and cellular carrier for all cell phones owned by you and/or in your
possession at the time of the subject accident, and state whether at the time of the accident,
or in the 5 minutes preceding the accident, you were using any cell phone for any reason
(whether to call, text, internet, etc.).
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JUTA BOIANGIN
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by JUTA BOIANGIN who is personally known to me or who has
produced as identification.
Notary Public
My Commission Expires:
Commission No.:
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ACTIVE\84497196.v1-1/15/19Filing # 83385741 E-Filed 01/15/2019 03:30:59 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI DADE COUNTY, FLORIDA
JUTA BOIANGIN,
an individual
Plaintiff,
Vv.
BLUE JAY TRUCKING, INC.,
a Florida for profit corporation, and
IMPAC LOGISTIC SERVICES, LLC,
a New Jersey limited liability company
Defendants.
CASE NO.: 2018-032555-CA-01
FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
Defendant, BLUE JAY TRUCKING, INC., by and through the undersigned counsel and
pursuant to the Florida Rules of Civil Procedure, hereby request that Plaintiff, JUTA BOIANGIN,
produce the following items to the undersigned attorney’s office.
ACTIVE\84484063.v1-1/15/19
FOX ROTHSCHILD LLP
Attorneys for Blue Jay Trucking, Inc.
2 South Biscayne Boulevard
One Biscayne Tower, Suite 2750
Miami, FL 33131
Telephone: (305) 442-6540
Facsimile: (305) 442-6541
By:_/s/ Aaron H. Epstein
MICHAEL A. SASTRE
Florida Bar No. 0070335
msastre@foxrothschild.com (primary)
krodriguez@foxrothschild.com (secondary)
AARON H. EPSTEIN
Florida Bar No. 0048051
aepstein@foxrothschild.com (primary)
krodriguez@foxrothschild.com (secondary)CASE NO: 2018-032555-CA-01
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via fax
and utilizing the Court’s e-filing portal and e-service in accordance with Fla. R. Jud. Admin. 2.516
on this 15" day of January, 2019 to: RYAN M. CLANCY, ESQ., Ainsworth + Clancy, PLLC,
Counsel for Plaintiff, 1111 Brickell Avenue, Suite 1100, Miami, FL 33131.
By: /s/Aaron H. Epstein
AARON H. EPSTEIN
ACTIVE\84484063.v1-1/15/19 -2-CASE NO: 2018-032555-CA-01
Definitions:
For purposes of responding to this request for production, the following definitions shall apply:
A.
B.
This “action” refers to the lawsuit identified in the above-referenced caption.
The words “and” and “or” as used herein are terms of inclusion and not exclusion, and shall
be construed either disjunctively or conjunctively as required by the context to bring within
the scope of the request for production of documents any document or information that
might otherwise be construed to be outside the scope thereof.
The term “any” is defined as one or more.
The term “communications” is defined as writings, telephone conversations, oral
conversation other than telephone conversation and meeting.
The term “control” is defined as in your possession, custody or control or under your
direction, and includes in the possession, custody or control of those under the direction of
you or your employees, subordinates, counsel, accountants, consultants, experts, parent or
affiliated corporations and any person purporting to act on your behalf.
The term “Defendant” is defined as and refers to the Defendant, Automated Petroleum, in
this action, including any predecessors or successors thereof, and includes its present and
former attorneys, general partners, limited partners, agents, servants, officers, directors,
assignees, representatives, employees and all other persons acting or purporting to act on
its behalf or under its control.
The terms “describe”, “discuss”, “analyze”, “describing”, “discussion” or “analyzing”, are
defined as any statements that, in whole or in part, characterizes, delineates, explicates,
deliberates, evaluates, appraises, assesses or provides a general explanation of the specified
subject.
The term “document” or “writing” or “record” is defined to be synonymous in meaning
and equal in scope to the usage of these terms in the Florida Rules of Civil Procedure. To
the extent not so defined above, “document” or “writing” or “record” shall mean any
medium upon which intelligence or information can be recorded or retrieved, including,
but not limited to any written, recorded, filmed or graphic matter reproduced on paper,
cards, tapes, films, electronic facsimile, e-mail, instant messages, web pages, computer,
storage devices, computer program or any other media, and includes, without limitation,
the original and each non-identical copy, regardless of origin and location, of all writings
of any kind whatsoever including but not limited to, all abstracts, accounting journals,
accounting ledgers, advertisements, affidavits, agendas, agreements or proposed
agreements, analyses, announcements, applications, appointment books, appraisals,
articles of incorporation, balance sheets, bank checks, bank deposit or withdrawal slips,
bank credit or debit memoranda, bank statements, blueprints, bookkeeping entries, books,
books of account, brochures, budgets, bulletins, bylaws, cables, canceled checks, charts,
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checks, client lists, codes, communications, communications with government bodies,
computer data or printouts, conferences or other meetings, contracts, correspondence,
credit memoranda, electronic mail, data processing cards, data processing input/output,
data processing programs, data sheets, desk calendars, details, diagrams, diaries, disk or
data compilations from which information can be obtained or translated, drafts, drawings,
electromagnetic tapes, evaluations, files, films, financial calculations, financial projections,
financial statements, graphs, handwritten notes or comments however produced or
reproduced, indexes, insertions, instructions, internal accounting records, interoffice
communications, interviews, invoices, jottings, journals, ledgers, letters, libraries, lists,
lists of tabulations, logbooks, manuals, memoranda, messages, microfilm, minutes of
meetings, motion pictures, motions, newspaper or magazine articles, networks,
nonconforming copies which contain deletions, notations, notations or records of meetings,
notes, notices, notices of wire transfer of funds, opinions, outlines, pamphlets, papers,
passbooks, periodicals, photocopies, photographs, pictures, plans, pleadings, preliminary
drafts, press releases, price lists, proposals, publications, punch cards, raw and refined data,
receipts, recommendations, records, records of conference or conversations or meetings,
records of payments, reports, reports and recordings of telephone or other conversations,
resolutions, responses to discovery, results of investigations, schedules, schematics, sepias,
shipping papers, slides, sound records, specifications, speeches, statements, statements of
account, statistical records, studies, summaries, surveys, tangible things, tape recordings,
tax records, telegrams, telephone logs and records, telephone and other conversations or
communications, teletypes, transcripts of tape recordings, video tapes, voice records,
vouchers, work papers, worksheets, written notations, and any and all other papers similar
to any of the foregoing. Any document which is different in any way from the original,
whether by interlineations, receipt stamp, notation, indication of copies sent or received or
otherwise containing thereon or attached thereto any alternations, comments, notes or other
material not included in the copies or originals or referred to or in the preceding definition
shall be deemed a separate document within said definition. Any document shall include
all exhibits, schedules or other writings affected by or referenced in any such document or
other writings necessary to complete the information contained or make it not misleading.
In cases where originals are not identical documents and are not available, “document”
shall also mean identical copies of the original documents and non-identical copies thereof.
In all cases where documents are in language other than English, documents include all
translations and materials related to particular translations.
I. The term “electronically stored data” is defined as the original (or identical duplicate when
the original is not available), and any non-identical copies (whether or not identical because
of notes made on copies or attached comments, annotations, marks, transmission notations
or highlighting of any kind) of writings of every kind and description whether inscribed by
mechanical, facsimile, electronic, magnetic, digital, or other means. Electronically stored
data includes, by way of example only, computer programs (whether private, commercial
or work-in-progress), programming notes or instructions, activity listing of electronic mail
receipts and/or transmittals, output resulting from the use of any software programs,
including word processing documents, spreadsheets, database files, charts, graphs and
outlines, electronic mail, operating systems, source codes of all types, peripheral drivers,
PIF files, batch files, ASCII files, and any and all miscellaneous files and/or file fragments,
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regardless of the media on which they reside and regardless of whether said electronically
stored data consists in an active file, deleted file or fragment. Electronically stored data
includes any and all items stored on computer memories, hard disks, floppy disks, CD-
ROMs, removable media, punched cards, punched tape, computer chips, including, but not
limited to EPROM, PROM, RAM and ROM, on or in any other vehicle for digital data
storage and/or transmittal. Electronically stored data also includes the file, folder tabs
and/or containers and labels appended to, or associated with, any physical storage device
associated with each original and/or copy.
J. The term “evidencing” is defined as having a tendency to show, prove or disprove.
K. The term “identify”, with respect to documents, means to state, to the extent known, the (i)
type of document; (ii) title of the document or other identifying data; (iii) author(s),
addressee(s) and recipient(s) of the document, including any indicated or blind copies; (iv)
general subject matter of the document; (v) date of the document or if no date, state the
exact nature and substance thereof; (vi) number of pages and attachments or appendices;
(vii) each person having possession, care, custody or control of the original and copies
thereof; (viii) each person to whom the document was distributed, shown or explained; and
(ix) if such document was, but no longer is, in your possession or subject to your control,
state what disposition was made of it.
L. The term “identify”, with respect to a person (as person is defined below), means to state,
to the extent known, the person’s (i) full name; (ii) present or last known business address
and telephone number; (iii) present or last known residential address and telephone
number; and (iv) when referring to a natural person, the present or last known place of
employment. Once a person has been identified in accordance with this paragraph, only
the name of that person need be listed in response to subsequent discovery requesting the
identification of that person.
M. The term “including” is defined as including but not limited to.
N. The term “oral communications” is defined as communication that includes any meeting,
conference, telephone conversation, telephone conference or in-person conversation.
oO. The term “person” is defined as any natural individual in any capacity whatsoever or any
entity or organization, including divisions, departments and other units, herein, and shall
include, but not be limited to public or private corporations, companies, partnerships, joint
ventures, organizations, voluntary or unincorporated associations, proprietorships, trusts,
estates, governmental bodies, institutes, firms, commissions, bureaus, departments and
every other form and kind of legal entity, whether privately or publicly owned or
controlled, for profit or non-profit, or partially or fully government owned or controlled
and the agents, servants and employees of same.
P. The term “Plaintiff” is defined as and refers to the Plaintiff in this action, ANA A. PREZA,
including any predecessor or successors thereof, and includes its present and former
attorneys, general partners, limited partners, agents, servants, officers, directors, assignees,
ACTIVE\84484063.v1-1/15/19 -5-CASE NO: 2018-032555-CA-01
representatives, employees and all other persons acting or purporting to act on its behalf or
under its control.
The term “relating to”, “regard to” or “referring to” are defined as consisting of, reflecting,
or being legally, logically or factually connected with the request and should be understood
to include possible or contemplated actions as to such subject or item. The terms shall
further be defined as to make a statement about, discuss, describe, explain, reflect, contain,
concern, compromise, identify, mention, embody, constitute, demonstrate, support, prove,
evidence, show, refute, dispute, rebut, controvert, contradict or in any way to pertain to, in
whole or in part, or otherwise to be used, considered, or reviewed in any way in connection
with, the specified subject. Thus, statements that “relate to” a subject also include those
which were specially rejected and those which were not acted upon.
The term “representative” is defined as any and all agents, employees, servants, officers,
directors, attorneys or other persons acting or purporting to act on behalf of the person or
entity in question.
The term “statement” includes any oral or written assertion, regardless of form, which
broadly construed, may relate to the subject matter called for in the request.
The term “year” is defined as calendar year.
The terms “you”, “your”, “yours”, and “yourself” is defined as and refers to Plaintiff, JUTA
BOIANGIN, including any predecessors or successors thereof, and includes its present and
former attorneys, general partners, limited partners, agents, servants, officers, directors,
assignees, representatives, employees and all other persons acting or purporting to act on
its behalf or under its control.
When appropriate, the singular form of a word shall be considered to include within its
meaning the plural form of the noun or pronoun, and vice versa, as may be necessary to
bring within the scope hereof any documents which might otherwise be construed to be
outside the scope hereof.
The masculine form of a noun or pronoun shall be considered to include within its meaning
the feminine form of the noun, and vice versa, as may be necessary to bring within the
scope hereof any documents which might otherwise be construed to be outside the scope
hereof.
Regardless of the tense employed, all verbs shall be applied to the past present and future
as is necessary to make any paragraphs more, rather than less, inclusive.
The definitions and rules of the Florida Rules of Civil Procedure are incorporated by
reference herein.
ACTIVE\84484063.v1-1/15/19 -6-CASE NO: 2018-032555-CA-01
INSTRUCTIONS
The following instructions shall apply with respect to each request for production of
documents:
A. Responses to this request for production of documents shall be submitted in a form so that
the response follows the typed request to which it applies.
B. Your duty to respond includes the duty to supply all documents and materials in your
physical possession, as well as those which can be obtained from additional sources,
pursuant to Rule 1.350 of the Florida Rules of Civil Procedure.
C. This request seeks all documents available to you or in your possession, custody or control
from any source wherever situated, including, but not limited to, information from any of
your files, records, documents, subsidiary or affiliated entities, agents, representatives,
employees and/or former employees.
D. In producing documents requested herein, all documents shall be produced in full, without
abridgment, abbreviation, and/or expurgation of any sort. In producing electronically
stored data, the data shall be produced in the form in which you usually store the
information.
E. Each document produced in response to this request shall be produced as it is kept in the
usual course of business or shall be organized and labeled (without permanently marking
the item produced) so as to correspond with the categories of each numbered request
hereof.
F. Each document produced in response to this request shall be segregated and referenced
with the numbered and lettered paragraphs and subparagraphs of the relevant request
herein. Should any of the documents pursuant to this request have already been made
available for inspection to the party propounding the request, it will be sufficient to note
this fact and to provide the following information (i) document production number, if any;
(ii) a description of the nature of the document; and (iii) the particular request and item
number in response to which the document has previously been produced.
G. In the event that any document requested herein is not presently in your possession or
subject to your control or in the possession of subject to the control of your attorneys,
employees, agents, investigators or other representative, or is otherwise unavailable to you,
identify each person you have reason to believe had and/or has knowledge of its contents
and/or identify the source of each document (or group of documents) produced.
H. In the event that any document requested has been destroyed, discarded, lost, purged or is
not presently in your possession, custody or control, you shall identify the document by
stating the: (i) type of document; (ii) title of the document or other identifying data; (iii)
author(s), addressee(s) and recipient(s) of the document, including any indicated or blind
copies; (iv) general subject matter of the document; (v) date of the document or if no date,
ACTIVE\84484063.v1-1/15/19 -7-CASE NO: 2018-032555-CA-01
state the exact nature and substance thereof; (vi) number of pages and attachments or
appendices; (vii) each person to whom the document was distributed, shown or explained;
(viii) the date, reason and circumstances surrounding its destruction, discard, loss, purge or
separation from possession, custody or control; and (ix) the persons authorizing or carrying
out such destruction or discard.
I. In the event that any document requested herein is withheld on the basis of “work product”
or a claim of any privilege of any kind whatsoever, you shall provide the following
information with respect to such document: (i) type of document; (ii) title of the document
or other identifying data; (iii) author(s), addressee(s) and recipient(s) of the document,
including any indicated or blind copies; (iv) general subject matter of the document; (v)
date of the document or if no date, state the exact nature and substance thereof; (vi) number
of pages and attachments or appendices; (vii) each person having possession, care, custody
or control of the original and copies thereof; (viii) each person to whom the document was
distributed, shown or explained; (ix) if such document was, but no longer is, in your
possession or subject to your control, state what disposition was made of it; (x) the nature
of the privilege asserted; and (xi) the legal and factual basis for each such claim.
J. This request is continuing in nature and requires supplemental responses should you
generate or obtain further pertinent information or documents between the time responses
are served and the time of trial.
K. The right to serve additional requests for production of documents is reserved.
ACTIVE\84484063.v1-1/15/19 -8-CASE NO: 2018-032555-CA-01
ITEMS TO BE PRODUCED
1. Any and all documents, photos, or other evidence which supports your allegation in
paragraph 7 of your Complaint: “Upon information and belief Defendant, BLUE JAY
TRUCKING, INC., was leasing the Trailer from Defendant, IMPAC LOGISTICS
SERVICES, LLC.”
2. Any and all documents, photos, or other evidence which supports your allegation in
paragraph 15 of your Complaint, that Blue Jay was the “owner and/or operator of the
Trailer”.
3. Any and all documents, photos, or other evidence which supports your allegation in
paragraph 17 of your Complaint that Blue Jay “appeared to have been keeping the Trailer
parked in Northwest 75th Avenue for extended periods of time.”
4. Any and all documents, photos, or evidence which support your contention that Blue Jay
had a business relationship with Impac Logistics.
5. Any and all documents, photos, or evidence which support your contention that Blue Jay
had ever operated the subject Trailer prior to moving it after the subject accident.
6. Any and all documents, photos, or evidence which support your contention that Blue Jay
ever leased the subject Trailer.
7. Copies of any and all statements, whether signed or unsigned, written, recorded, or
otherwise documented, from any witness in this case.
8. Any and all photographs and/or video of the accident scene and/or vehicles involved in the
subject accident.
9. Any and all photographs and/or video of the vehicles being moved from the scene of the
accident.
10. Any and all text, data, and cellular phone records from the date of accident for any and all
cell phones you owned or were in your possession at the time of the accident.
11. Copies of Federal Income Tax Returns, including I.R.S. 1040 Forms, W-2 withholding tax
statement, W-9 forms and any and all other evidence of Plaintiff's income for the past five
(5) years, together with evidence of current year’s income to date of production.
12. Copies of any and all records evidencing Plaintiffs income for the past five (5) years from
any self-employed or ownership or interest in any business, including but not limited to all
financial statements for the Plaintiff and the business; profit and loss statements; complete
Federal, State and Local Tax Returns, including Plaintiffs Sub-Chapter S filings; and any
other business income and expense records in whatever form or however titled.
ACTIVE\84484063.v1-1/15/19 -9-CASE NO: 2018-032555-CA-01
13. Copies of any and all hospital, medical or other bills, invoices, insurance claim documents,
letters of protection, and medical liens paid or owing, and resulting from the subject
incident.
14. Copies of any and all hospital, clinic, emergency room records, copies of x-rays, MRI’s
and other radiological films, medical reports, doctors’ reports, and other medical records
related to or connected with the medical care and treatment rendered to the Plaintiff.
15. Copies of any and all records from any doctor, medical facility or other medical care
provider for any psychological or psychiatric care or treatment to the Plaintiff either from
this incident, or from prior medical and/or psychological/psychiatric treatment.
16. Any and all written (signed or unsigned) or recorded statements taken from any person
who has any knowledge concerning the subject incident.
17. Any and all written (signed or unsigned) or recorded statements taken of the Defendants or
the Defendants’ ostensible agents, servants and employees, related to or connected with
the subject incident.
18. Any and all photographs, digital images, films, slides, graphs, videotapes, DVD’s, charts,
measurements, calculations and other documentary evidence of the incident scene, the
parties and any property or premises involved in or pertaining to the subject incident.
(Please provide reproductions not originals).
19, Any and all police accident/incident reports and paramedic/EMT reports related to or
connected with the subject incident.
20. Any and all investigation reports or analyses made by any governmental agency or
department concerning the subject incident.
21. Any and all photographs, slides or videotapes taken of Plaintiffs injuries at any point in
the time since the date of the subject incident to the present time.
22. Any and all photographs, videotapes, DVDs depicting the Plaintiff from 2016 to the present
time.
23. Any and all documents pertaining to any claims made by the Plaintiff against any other
person, entity, or insurer as a result of the alleged incident or for any prior or subsequent
incidents involving bodily injury.
24, Any and all documents pertaining to any settlement of any claim by the Plaintiff with any
other person, entity or insurer in connection with the subject incident or any prior or
subsequent incidents involving bodily injury.
25. Any and all reports prepared by any experts who have been retained by the Plaintiff to
testify at trial, including a copy of each experts C.V.
ACTIVE\84484063.v1-1/15/19 -10-CASE NO: 2018-032555-CA-01
26. Certified copies of any and all medical or disability insurance policies that provided
benefits or coverage to the Plaintiff for any damage claimed as a result of the subject
incident.
27. Each and every document identified or referred to in your answers to interrogatories served
by these Defendants.
28. Copies of documentation reflecting the Plaintiffs notification of collateral source
providers, as required by Florida Statute §768.76(6) and any response thereto as required
by Florida Statute §768.76(7).
29. All correspondence, forms, reports or other documents provided by Defendant(s) to the
Plaintiff at the time of the subject incident.
30. All policies, contracts, identification cards, applications, statements, explanation of
benefits or similar documentation for each insurance company, HMO, PPO, or private or
governmental entity identified in your answers to interrogatories.
31. Any and all records pertaining to any payments made to, for, or on behalf of the Plaintiff
as a result of or arising from the subject incident, including but not limited to payments
from:
(a) The United States Social Security Act; any federal, state or local disability act; any
other public programs providing medical expenses, disability payments or other similar
benefits;
(b) Any health, sickness or disability income insurance and any other similar benefits;
c) Any contract or agreements of any group, organizations, partnership or corporation to
'y er y group, org: P iP rp
provide, pay for, or reimburse costs of hospital, medical or other healthcare services;
(d) Any contractual or voluntary wage contribution plan provided by any employers of the
Plaintiff or any other system intended to provide wages during any period of alleged
disability of such individual.
(e) Any contract or agreements of any group, organization, partnership or corporation to
provide, pay for, or reimburse costs of hospital, medical or other healthcare services.
A copy of any and all correspondence, medical records, and applications to or from any
insurance company regarding life, disability, or medical/hospitalization insurance
which pre-date the subject incident
(f) A copy of any and all correspondence to or from any insurance company or its
designated physician or nurse concerning any physical examination of you for purposes
of insurance or an insurance claim.
ACTIVE\84484063.v1-1/15/19 -ll-CASE NO: 2018-032555-CA-01
(g) A copy of any and all correspondence and/or reports of any physician designated or
appointed by your attorneys or any insurance provider to examine you concerning
claims as a result of this incident.
32. A copy of all statutes, ordinances, codes, standards, or regulations that Plaintiff contends
Defendant(s) violated or that Plaintiff intends to use at the time of trial.
33. A copy of any and all claim records (including settlement documents and medical records)
and/or lawsuits initiated by or on behalf of Plaintiff prior to or subsequent to the subject
incident concerning any other injuries or claimed injuries received/sustained by Plaintiff
prior to or subsequent to the subject incident.
34. A copy of any and all receipts, evidence of payments, or any other documents with regard
to any damages, specific or general, which you will be claiming in this lawsuit.
35. Any and all correspondence, notice of liens, notices of subrogation, notices of right of
reimbursement, subrogation/trust agreements, assignments or judgments received by you
or your agents or attorneys from any person or entity who has claimed a portion of any
settlement or judgment you may recover in this litigation.
36. A copy of all settlement agreements, releases and Mary Carter a
Preview
Filing # 85454664 E-Filed 02/25/2019 03:38:59 PM. IN THE CIRCUIT COURT OF THE 11" JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2018-032555-CA-01 JUTA BOIANGIN, an individual, Plaintiff, v. BLUE JAY TRUCKING, INC., a Florida for profit corporation, and IMPACT LOGISTICS SERVICES, LLC, a New Jersey limited liability company, Defendants. / DEFENDANT, BLUE JAY TRUCKING, INC.’S, MOTION TO COMPEL PLAINTIFF’S ANSWERS TO DISCOVERY COMES NOW Defendant, BLUE JAY TRUCKING, INC., by and through the undersigned counsel, and pursuant to the provisions of Rule 1.380 of the Florida Rules of Civil Procedure, hereby moves this Court for entry of an order compelling Plaintiff, JUTA BOIANGIN, to answer Defendant’s Interrogatories and Request for Production dated January 15, 2019, and as cause for this Motion states as follows: 1. On January 15, 2019, Defendant Blue Jay served Plaintiff with First Request for Production and First set of Interrogatories. See Request for Production and Interrogatories attached hereto and incorporated herein as Exhibit “A”. 2. The information sought is relevant, material and necessary to the defense of this case. 3. To date, neither answers nor objections have been filed to this outstanding discovery. Further, Plaintiff has not requested an extension of time to comply with these discovery requests. The time to respond has now passed, and as such, all objections are now waived. Active\90051618.v1-2/25/19CASE NO: 2018-032555-CA-01 4, Defendant is prejudiced in their evaluation and defense of this lawsuit by Plaintiff's failure to respond to the discovery. 5. A good faith effort has been made, or will be made by Defendant to secure the requested discovery before any hearing on this Motion. WHEREFORE, the Defendant, BLUE JAY TRUCKING, INC., humbly moves this Court for the entry of an Order compelling Plaintiff to answer the outstanding discovery within ten (10) days of the date of this Order, and for any other relief this Court deems just and proper. FOX ROTHSCHILD LLP Attorneys for Blue Jay Trucking, Inc. 2 South Biscayne Boulevard One Biscayne Tower, Suite 2750 Miami, FL 33131 Telephone: (305) 442-6540 Facsimile: (305) 442-6541 By: _/s/ Aaron H. Epstein MICHAEL A. SASTRE Florida Bar No. 0070335 msastre@foxrothschild.com (primary) krodriguez@foxrothschild.com (secondary) AARON H. EPSTEIN Florida Bar No. 0048051 aepstein@foxrothschild.com (primary) krodriguez@foxrothschild.com (secondary) CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was served utilizing the Court’s e-filing portal and e-service in accordance with Fla. R. Jud. Admin. 2.516 on this 25™ day of February, 2019 to: RYAN M. CLANCY, ESQ., Ainsworth + Clancy, PLLC, Counsel for Plaintiff, 1111 Brickell Avenue, Suite 1100, Miami, FL 33131. By: /s/Aaron H. Epstein AARON H. EPSTEIN Active\90051618.v1-2/25/19Filing # 83385741 E-Filed 01/15/2019 03:30:59 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA JUTA BOIANGIN, an individual Plaintiff, v. BLUE JAY TRUCKING, INC., a Florida for profit corporation, and IMPAC LOGISTIC SERVICES, LLC, a New Jersey limited liability company Defendants. CASE NO.: 2018-032555-CA-01 / NOTICE OF SERVING FIRST SET OF INTERROGATORIES TO PLAINTIFF Defendant, BLUE JAY TRUCKING, INC., by and through the undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby propounds its First Set of Interrogatories upon Plaintiff, JUTA BOIANGIN, to be fully and completely answered under oath within thirty (30) days of the certificate of service. ACTIVE\84497196.v1-1/15/19 FOX ROTHSCHILD LLP Attorneys for Blue Jay Trucking, Inc. 2 South Biscayne Boulevard One Biscayne Tower, Suite 2750 Miami, FL 33131 Telephone: (305) 442-6540 Facsimile: (305) 442-6541 By:_/s/ Aaron H. Epstein MICHAEL A. SASTRE Florida Bar No. 0070335 msastre@foxrothschild.com (primary) krodriguez@foxrothschild.com (secondary) AARON H. EPSTEIN Florida Bar No. 0048051 aepstein@foxrothschild.com (primary) krodriguez@foxrothschild.com (secondary) EXHIBIT ACASE NO: 2018-032555-CA-01 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via fax and utilizing the Court’s e-filing portal and e-service in accordance with Fla. R. Jud. Admin. 2.516 on this 15" day of January, 2019 to: RYAN M. CLANCY, ESQ., Ainsworth + Clancy, PLLC, Counsel for Plaintiff, 1111 Brickell Avenue, Suite 1100, Miami, FL 33131. By: /s/Aaron H. Epstein AARON H. EPSTEIN ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 DEFINITIONS A. "Communications" as used herein shall mean any document, oral statement, meeting, or conference, formal or informal, at any time or place, and under any circumstances whatsoever, whereby information of any nature was stated, written, recorded, or in any manner transmitted or transferred including but not limited to: (i) Electronic data including but not limited to: information stored on PDA's (personal digital assistants), computer source codes, electronically generated trial balances, general ledgers, native files, emails, instant messages, relevant to the underlying dispute. B. “Complaint” as used herein refers to the Complaint filed by you, commencing this action. C. The words "Document" and "Documents" are used in their broadest sense and shall include all written, printed, typed, recorded, or graphic matter of every kind and description, both originals and copies, and all attachments and appendices thereto. Without limiting the foregoing, the terms "Document" and "Documents" shall mean and include all agreements, contracts, communication, correspondence, letters, telegrams, telexes, messages, memoranda, notes, records, reports, books, summaries or other records of telephone conversations or interviews, summaries or other records of personal conversations, minutes, or summaries or other records of meetings and conferences, or summaries or other records of negotiations, other summaries, diaries, diary entries, calendars, appointment books, time records, instructions, work assignments, forecasts, statistical data, statistical statements, financial statements, worksheets, papers, drafts, charts, tables, accounts, analytical records, bills, statements, records of obligation or expenditure invoices, lists, recommendations, printouts, complications, tabulations, analyses, studies, surveys, transcripts, affidavits, expense reports, microfilm, microfiche, articles, speeches, tape or disk recordings, sound or voice recordings, video recordings, film, tapes, photographs, programs, data compilations from which information can be obtained (including matter used in data processing), and other printed, written, handwritten, typewritten, recorded, stenographic, computer-generated, computer stored, or electronically stored -3- ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 matter, however, and by whomever, produced prepared, reproduced, disseminated, or made. The terms "document" and "documents" also include material stored on disks or other forms of data storage used in connection with word processing machines or computers, including electronic mail, and all copies of documents by whatever means made. Where a document is identified or produced, identical copies thereof which do not contain any markings, additions, or deletions different from original need not be separately produced. D. “Or" as used herein shall be interpreted broadly in the sense of "and/or." E. “Person” as used herein means any natural person, individual, other individual proprietorship, partnership, corporation, association, organization, joint business enterprise, governmental body, group of natural persons or other entity. F. "Relate," including its various forms such as relating to, as used herein shall mean any Documents which comprise, explicitly or implicitly, refer to, were reviewed in conjunction with, or were generated as a result of or in connection with, the subject matter of the request. G. "You" or "your" as used herein shall refer to Plaintiff, JUTA BOIANGIN. H. “Your Spouse” refers to the spouse(s) of the above. I. The use of the singular form of any word includes the plural, and the use of the plural includes the singular. ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 INSTRUCTIONS 1. Ifany interrogatory cannot be answered in full or in part, you shall state, in writing, the reasons for your inability to answer all or any portion of the interrogatory and serve those reasons at the time required for response. 2. If any of the responses requested herein is withheld under a claim of privilege, specify, in detail, the basis upon which the asserted privilege is claimed. 3. These interrogatories are deemed to be continuing in nature, and in the event you become aware of additional responsive information, you are requested promptly to provide such additional responsive information. 4. Ifin responding to these interrogatories you encounter any ambiguity in construing any request, instruction or definition, set forth the matter deemed ambiguous and the construction used in responding thereto. 5. Unless otherwise indicated, the time period covered by these Interrogatories is from the beginning of your records through the present date. 6. Ifany interrogatory cannot be answered in full or in part, you shall state, in writing the reasons for your inability to answer all or any portion of the interrogatory and serve those reasons to Defendant. ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 INTERROGATORIES 1. What is the name, address, date of birth, social security number, driver's license number and official position or relationship with the party to whom the interrogatories are directed of the person answering these interrogatories and of all persons assisting with the answering of these interrogatories? 2. Please state the facts you rely on to support your allegation in paragraph 7 of your Complaint: “Upon information and belief Defendant, BLUE JAY TRUCKING, INC., was leasing the Trailer from Defendant, IMPAC LOGISTICS SERVICES, LLC.”, and state the names and addresses of all persons who provided said information. 3. Please state the facts you rely on which you rely to support your allegation in paragraph 15 of your Complaint, that Blue Jay was the “owner and/or operator of the Trailer’, and state the names and addresses of all persons who provided said information. 4. Please state the facts on which you rely to support your allegation in paragraph 17 of your Complaint that Blue Jay “appeared to have been keeping the Trailer parked in Northwest 75th Avenue for extended periods of time”, and state the names and addresses of all persons who provided said information. 5. Please state the facts on which you rely to support your allegation that Blue Jay leased the subject Trailer and/or had a business relationship with Impac Logistics, and state the names and addresses of all persons who provided said information. ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 6. Do you have any evidence, other than Blue Jay moving the subject trailer after the accident, that Blue Jay was in any way connected to this accident? If so, please state what evidence and state the names and addresses of all persons who uncovered said evidence. 7. Did Blue Jay also move your vehicle after the accident? If so, please state who gave Blue Jay the authority to do so. 8. Please list the names, business addresses, and telephone numbers for all employers for whom or where you have worked in the past ten years, including any agency or self- employment and periods of unemployment, and for each provide your dates of employment and rates of pay. 9. Please list all former names and when you were known by those names. State all addresses where you have lived for the past ten years, including the dates you lived at each address, and, if you are or have ever been married, the name, address, Social Security Number and date of birth of all your spouses. 10. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner? ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 11. Have you ever been arrested or convicted of a crime, other than any juvenile adjudication? If so, state as to each arrest or conviction the specific crime(s) charged, the date and the place of each arrest, and the date, disposition and court of each conviction. 12. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the Complaint? If so, what was the nature of the infirmity, disability, or sickness? 13. Did you consume any alcoholic beverages or take any drugs or medications within twelve hours before the time of the incident described in the complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. 14, Please state the date, time and precise location of the alleged incident, the full names and addresses of all persons present with you at the time, and describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident, and whether you were wearing a seatbelt, and whether any mechanical defect in the vehicle caused or contributed to the accident. 15. Describe in detail each act or omission on the part of this Defendant that you contend constituted negligence that was a legal cause of the incident in question. ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 16. Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury and, as to any injuries you contend are permanent, the effects on you that you claim are permanent. 17. As to each part of your body identified in the interrogatory above as injured as a result of the alleged accident, please state whether you have ever previously injured or had any pain, injury or sought medical attention for any of those parts of your body. If so, please: a. specify the part(s) of your body; b. the nature or extent of the prior injury, pain discomfort or difficulty; c. the cause (i.e., accident, disease) of the prior injury, pain, discomfort, or difficulty; and d. the name, address and telephone number of all medical providers who or medical facilities where you have seen or treated for the prior injury, discomfort or difficulty. 18. Please list each item of expense or damage, other than loss of income or earning capacity, that you claim to have incurred as a result of the incident described in the complaint, giving for each item the date incurred, the name, business address and telephone number of the person or entity to whom each was paid or is owed, and the goods or services for which each was incurred. ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 19. Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident described in the complaint? If so, state the nature of the income, benefits, or earning capacity, and the amount and the method that you used in computing the amount. 20. Has anything been paid or is anything payable from any third party, including any insurer, employer, or other, for the damages listed in your answers to these interrogatories? If so, state the amounts paid or payable and the name, business address and telephone number of the person or entity that paid or owes said amounts. For each person or entity listed, please identify which has a lien or claims a right of subrogation or reimbursement, including the present amount of such lien, right of subrogation or right of reimbursement. 21. List the name, business address and telephone number of each physician who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date(s) of treatment or examination and the injury or condition for which you were examined or treated. 22. List the name, business address and telephone number of all other physicians, hospitals, medical facilities, psychologists, counselors, or other health care providers by whom or at which you have been examined or treated in the past ten (10) years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated. -10- ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 23. List the names, addresses and telephone number of all persons who are believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 24. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name, address and telephone number of each person who made the statement or statements; the name, address and telephone number of each person who heard it; and the date, time, place, and substance of each statement. 25, Please state the name, address and telephone number of every person known to you, your agents or your attorneys who has knowledge about, or possession, custody or control of, any model, plat, map, drawing, measurement, motion picture, videotape, photograph or digital image pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has; the name, address and telephone number of the person who took or prepared it; and the date it was taken or prepared. 26. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, or if you have ever asserted a claim in any matter (including but not limited to, P.I.P. and UM/UIM claims, auto claims, slip-and-fall claims, worker’s compensation, homeowner’s claims, etc.), and if so, state whether you were plaintiff or defendant, the nature of the action, claim or proceedings, the injuries you claimed therein, the approximate date and court in which such suit was filed; or, in the event of a claim, state the name of the opposing insurance carrier, and the name of your counsel, if any. -ll- ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 27. Have you ever been involved in any other fall, auto accident, or other accident or incident of whatever type or nature during the past ten (10) years to the present time? If so, a. Identify the date and place of each fall, auto accident, or other accident or incident; b. State whether you received or sustained any injury, whether permanent or not, as a result of each such fall, accident, or incident, and if so, describe with specificity the type or nature of the injury you received or sustained in each such fall, accident or incident; c. State the name, address and telephone number of all physicians, hospitals, or medical facility where you received any treatment or examination as a result of the injury you received or sustained from each such fall, accident or incident; and d. State whether you initiated a claim and/or lawsuit against any person or entity as a result of each such fall, accident or incident. If so, the name and address of the person or entity against whom you initiated the claim and/or lawsuit, the nature of the claim, the date and court if suit was filed, and the present status of each such claim or lawsuit. 28. Please state the name, address, and telephone number of every auto, health insurance company, HMO, PPO, or private or governmental entity! which has provided services, payment or reimbursement for any auto, medical or health related services, or loss of income reimbursement to you within the past ten (10) years and for each, include the named insured, identification number, policy number, and group number for each and dates of coverage. ' This interrogatory includes, but is not limited to: the United States Social Security Act; any federal, state, or local income disability act; any other public programs providing medical expenses, disability payments, or other similar benefits; any health, sickness, or income disability insurance; automobile accident insurance that provides health benefits or income disability coverage; and any other similar insurance benefits available to the claimant, whether purchased by her or him or provided by others. -12- ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 29. Please describe in detail all your activities on the date of the subject incident between the hours of 6 A.M. and 11:59 P.M., on the date of the alleged incident, including everything you did at home and at work, all places you visited or went to, all medications you took, and the approximate time you took them, and the persons who were with you during that time period. 30. Please state the number and cellular carrier for all cell phones owned by you and/or in your possession at the time of the subject accident, and state whether at the time of the accident, or in the 5 minutes preceding the accident, you were using any cell phone for any reason (whether to call, text, internet, etc.). -13- ACTIVE\84497196.v1-1/15/19CASE NO: 2018-032555-CA-01 JUTA BOIANGIN STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2019, by JUTA BOIANGIN who is personally known to me or who has produced as identification. Notary Public My Commission Expires: Commission No.: -14- ACTIVE\84497196.v1-1/15/19Filing # 83385741 E-Filed 01/15/2019 03:30:59 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA JUTA BOIANGIN, an individual Plaintiff, Vv. BLUE JAY TRUCKING, INC., a Florida for profit corporation, and IMPAC LOGISTIC SERVICES, LLC, a New Jersey limited liability company Defendants. CASE NO.: 2018-032555-CA-01 FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, BLUE JAY TRUCKING, INC., by and through the undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby request that Plaintiff, JUTA BOIANGIN, produce the following items to the undersigned attorney’s office. ACTIVE\84484063.v1-1/15/19 FOX ROTHSCHILD LLP Attorneys for Blue Jay Trucking, Inc. 2 South Biscayne Boulevard One Biscayne Tower, Suite 2750 Miami, FL 33131 Telephone: (305) 442-6540 Facsimile: (305) 442-6541 By:_/s/ Aaron H. Epstein MICHAEL A. SASTRE Florida Bar No. 0070335 msastre@foxrothschild.com (primary) krodriguez@foxrothschild.com (secondary) AARON H. EPSTEIN Florida Bar No. 0048051 aepstein@foxrothschild.com (primary) krodriguez@foxrothschild.com (secondary)CASE NO: 2018-032555-CA-01 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via fax and utilizing the Court’s e-filing portal and e-service in accordance with Fla. R. Jud. Admin. 2.516 on this 15" day of January, 2019 to: RYAN M. CLANCY, ESQ., Ainsworth + Clancy, PLLC, Counsel for Plaintiff, 1111 Brickell Avenue, Suite 1100, Miami, FL 33131. By: /s/Aaron H. Epstein AARON H. EPSTEIN ACTIVE\84484063.v1-1/15/19 -2-CASE NO: 2018-032555-CA-01 Definitions: For purposes of responding to this request for production, the following definitions shall apply: A. B. This “action” refers to the lawsuit identified in the above-referenced caption. The words “and” and “or” as used herein are terms of inclusion and not exclusion, and shall be construed either disjunctively or conjunctively as required by the context to bring within the scope of the request for production of documents any document or information that might otherwise be construed to be outside the scope thereof. The term “any” is defined as one or more. The term “communications” is defined as writings, telephone conversations, oral conversation other than telephone conversation and meeting. The term “control” is defined as in your possession, custody or control or under your direction, and includes in the possession, custody or control of those under the direction of you or your employees, subordinates, counsel, accountants, consultants, experts, parent or affiliated corporations and any person purporting to act on your behalf. The term “Defendant” is defined as and refers to the Defendant, Automated Petroleum, in this action, including any predecessors or successors thereof, and includes its present and former attorneys, general partners, limited partners, agents, servants, officers, directors, assignees, representatives, employees and all other persons acting or purporting to act on its behalf or under its control. The terms “describe”, “discuss”, “analyze”, “describing”, “discussion” or “analyzing”, are defined as any statements that, in whole or in part, characterizes, delineates, explicates, deliberates, evaluates, appraises, assesses or provides a general explanation of the specified subject. The term “document” or “writing” or “record” is defined to be synonymous in meaning and equal in scope to the usage of these terms in the Florida Rules of Civil Procedure. To the extent not so defined above, “document” or “writing” or “record” shall mean any medium upon which intelligence or information can be recorded or retrieved, including, but not limited to any written, recorded, filmed or graphic matter reproduced on paper, cards, tapes, films, electronic facsimile, e-mail, instant messages, web pages, computer, storage devices, computer program or any other media, and includes, without limitation, the original and each non-identical copy, regardless of origin and location, of all writings of any kind whatsoever including but not limited to, all abstracts, accounting journals, accounting ledgers, advertisements, affidavits, agendas, agreements or proposed agreements, analyses, announcements, applications, appointment books, appraisals, articles of incorporation, balance sheets, bank checks, bank deposit or withdrawal slips, bank credit or debit memoranda, bank statements, blueprints, bookkeeping entries, books, books of account, brochures, budgets, bulletins, bylaws, cables, canceled checks, charts, ACTIVE\84484063.v1-1/15/19 -3-CASE NO: 2018-032555-CA-01 checks, client lists, codes, communications, communications with government bodies, computer data or printouts, conferences or other meetings, contracts, correspondence, credit memoranda, electronic mail, data processing cards, data processing input/output, data processing programs, data sheets, desk calendars, details, diagrams, diaries, disk or data compilations from which information can be obtained or translated, drafts, drawings, electromagnetic tapes, evaluations, files, films, financial calculations, financial projections, financial statements, graphs, handwritten notes or comments however produced or reproduced, indexes, insertions, instructions, internal accounting records, interoffice communications, interviews, invoices, jottings, journals, ledgers, letters, libraries, lists, lists of tabulations, logbooks, manuals, memoranda, messages, microfilm, minutes of meetings, motion pictures, motions, newspaper or magazine articles, networks, nonconforming copies which contain deletions, notations, notations or records of meetings, notes, notices, notices of wire transfer of funds, opinions, outlines, pamphlets, papers, passbooks, periodicals, photocopies, photographs, pictures, plans, pleadings, preliminary drafts, press releases, price lists, proposals, publications, punch cards, raw and refined data, receipts, recommendations, records, records of conference or conversations or meetings, records of payments, reports, reports and recordings of telephone or other conversations, resolutions, responses to discovery, results of investigations, schedules, schematics, sepias, shipping papers, slides, sound records, specifications, speeches, statements, statements of account, statistical records, studies, summaries, surveys, tangible things, tape recordings, tax records, telegrams, telephone logs and records, telephone and other conversations or communications, teletypes, transcripts of tape recordings, video tapes, voice records, vouchers, work papers, worksheets, written notations, and any and all other papers similar to any of the foregoing. Any document which is different in any way from the original, whether by interlineations, receipt stamp, notation, indication of copies sent or received or otherwise containing thereon or attached thereto any alternations, comments, notes or other material not included in the copies or originals or referred to or in the preceding definition shall be deemed a separate document within said definition. Any document shall include all exhibits, schedules or other writings affected by or referenced in any such document or other writings necessary to complete the information contained or make it not misleading. In cases where originals are not identical documents and are not available, “document” shall also mean identical copies of the original documents and non-identical copies thereof. In all cases where documents are in language other than English, documents include all translations and materials related to particular translations. I. The term “electronically stored data” is defined as the original (or identical duplicate when the original is not available), and any non-identical copies (whether or not identical because of notes made on copies or attached comments, annotations, marks, transmission notations or highlighting of any kind) of writings of every kind and description whether inscribed by mechanical, facsimile, electronic, magnetic, digital, or other means. Electronically stored data includes, by way of example only, computer programs (whether private, commercial or work-in-progress), programming notes or instructions, activity listing of electronic mail receipts and/or transmittals, output resulting from the use of any software programs, including word processing documents, spreadsheets, database files, charts, graphs and outlines, electronic mail, operating systems, source codes of all types, peripheral drivers, PIF files, batch files, ASCII files, and any and all miscellaneous files and/or file fragments, ACTIVE\84484063.v1-1/15/19 -4-CASE NO: 2018-032555-CA-01 regardless of the media on which they reside and regardless of whether said electronically stored data consists in an active file, deleted file or fragment. Electronically stored data includes any and all items stored on computer memories, hard disks, floppy disks, CD- ROMs, removable media, punched cards, punched tape, computer chips, including, but not limited to EPROM, PROM, RAM and ROM, on or in any other vehicle for digital data storage and/or transmittal. Electronically stored data also includes the file, folder tabs and/or containers and labels appended to, or associated with, any physical storage device associated with each original and/or copy. J. The term “evidencing” is defined as having a tendency to show, prove or disprove. K. The term “identify”, with respect to documents, means to state, to the extent known, the (i) type of document; (ii) title of the document or other identifying data; (iii) author(s), addressee(s) and recipient(s) of the document, including any indicated or blind copies; (iv) general subject matter of the document; (v) date of the document or if no date, state the exact nature and substance thereof; (vi) number of pages and attachments or appendices; (vii) each person having possession, care, custody or control of the original and copies thereof; (viii) each person to whom the document was distributed, shown or explained; and (ix) if such document was, but no longer is, in your possession or subject to your control, state what disposition was made of it. L. The term “identify”, with respect to a person (as person is defined below), means to state, to the extent known, the person’s (i) full name; (ii) present or last known business address and telephone number; (iii) present or last known residential address and telephone number; and (iv) when referring to a natural person, the present or last known place of employment. Once a person has been identified in accordance with this paragraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person. M. The term “including” is defined as including but not limited to. N. The term “oral communications” is defined as communication that includes any meeting, conference, telephone conversation, telephone conference or in-person conversation. oO. The term “person” is defined as any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments and other units, herein, and shall include, but not be limited to public or private corporations, companies, partnerships, joint ventures, organizations, voluntary or unincorporated associations, proprietorships, trusts, estates, governmental bodies, institutes, firms, commissions, bureaus, departments and every other form and kind of legal entity, whether privately or publicly owned or controlled, for profit or non-profit, or partially or fully government owned or controlled and the agents, servants and employees of same. P. The term “Plaintiff” is defined as and refers to the Plaintiff in this action, ANA A. PREZA, including any predecessor or successors thereof, and includes its present and former attorneys, general partners, limited partners, agents, servants, officers, directors, assignees, ACTIVE\84484063.v1-1/15/19 -5-CASE NO: 2018-032555-CA-01 representatives, employees and all other persons acting or purporting to act on its behalf or under its control. The term “relating to”, “regard to” or “referring to” are defined as consisting of, reflecting, or being legally, logically or factually connected with the request and should be understood to include possible or contemplated actions as to such subject or item. The terms shall further be defined as to make a statement about, discuss, describe, explain, reflect, contain, concern, compromise, identify, mention, embody, constitute, demonstrate, support, prove, evidence, show, refute, dispute, rebut, controvert, contradict or in any way to pertain to, in whole or in part, or otherwise to be used, considered, or reviewed in any way in connection with, the specified subject. Thus, statements that “relate to” a subject also include those which were specially rejected and those which were not acted upon. The term “representative” is defined as any and all agents, employees, servants, officers, directors, attorneys or other persons acting or purporting to act on behalf of the person or entity in question. The term “statement” includes any oral or written assertion, regardless of form, which broadly construed, may relate to the subject matter called for in the request. The term “year” is defined as calendar year. The terms “you”, “your”, “yours”, and “yourself” is defined as and refers to Plaintiff, JUTA BOIANGIN, including any predecessors or successors thereof, and includes its present and former attorneys, general partners, limited partners, agents, servants, officers, directors, assignees, representatives, employees and all other persons acting or purporting to act on its behalf or under its control. When appropriate, the singular form of a word shall be considered to include within its meaning the plural form of the noun or pronoun, and vice versa, as may be necessary to bring within the scope hereof any documents which might otherwise be construed to be outside the scope hereof. The masculine form of a noun or pronoun shall be considered to include within its meaning the feminine form of the noun, and vice versa, as may be necessary to bring within the scope hereof any documents which might otherwise be construed to be outside the scope hereof. Regardless of the tense employed, all verbs shall be applied to the past present and future as is necessary to make any paragraphs more, rather than less, inclusive. The definitions and rules of the Florida Rules of Civil Procedure are incorporated by reference herein. ACTIVE\84484063.v1-1/15/19 -6-CASE NO: 2018-032555-CA-01 INSTRUCTIONS The following instructions shall apply with respect to each request for production of documents: A. Responses to this request for production of documents shall be submitted in a form so that the response follows the typed request to which it applies. B. Your duty to respond includes the duty to supply all documents and materials in your physical possession, as well as those which can be obtained from additional sources, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure. C. This request seeks all documents available to you or in your possession, custody or control from any source wherever situated, including, but not limited to, information from any of your files, records, documents, subsidiary or affiliated entities, agents, representatives, employees and/or former employees. D. In producing documents requested herein, all documents shall be produced in full, without abridgment, abbreviation, and/or expurgation of any sort. In producing electronically stored data, the data shall be produced in the form in which you usually store the information. E. Each document produced in response to this request shall be produced as it is kept in the usual course of business or shall be organized and labeled (without permanently marking the item produced) so as to correspond with the categories of each numbered request hereof. F. Each document produced in response to this request shall be segregated and referenced with the numbered and lettered paragraphs and subparagraphs of the relevant request herein. Should any of the documents pursuant to this request have already been made available for inspection to the party propounding the request, it will be sufficient to note this fact and to provide the following information (i) document production number, if any; (ii) a description of the nature of the document; and (iii) the particular request and item number in response to which the document has previously been produced. G. In the event that any document requested herein is not presently in your possession or subject to your control or in the possession of subject to the control of your attorneys, employees, agents, investigators or other representative, or is otherwise unavailable to you, identify each person you have reason to believe had and/or has knowledge of its contents and/or identify the source of each document (or group of documents) produced. H. In the event that any document requested has been destroyed, discarded, lost, purged or is not presently in your possession, custody or control, you shall identify the document by stating the: (i) type of document; (ii) title of the document or other identifying data; (iii) author(s), addressee(s) and recipient(s) of the document, including any indicated or blind copies; (iv) general subject matter of the document; (v) date of the document or if no date, ACTIVE\84484063.v1-1/15/19 -7-CASE NO: 2018-032555-CA-01 state the exact nature and substance thereof; (vi) number of pages and attachments or appendices; (vii) each person to whom the document was distributed, shown or explained; (viii) the date, reason and circumstances surrounding its destruction, discard, loss, purge or separation from possession, custody or control; and (ix) the persons authorizing or carrying out such destruction or discard. I. In the event that any document requested herein is withheld on the basis of “work product” or a claim of any privilege of any kind whatsoever, you shall provide the following information with respect to such document: (i) type of document; (ii) title of the document or other identifying data; (iii) author(s), addressee(s) and recipient(s) of the document, including any indicated or blind copies; (iv) general subject matter of the document; (v) date of the document or if no date, state the exact nature and substance thereof; (vi) number of pages and attachments or appendices; (vii) each person having possession, care, custody or control of the original and copies thereof; (viii) each person to whom the document was distributed, shown or explained; (ix) if such document was, but no longer is, in your possession or subject to your control, state what disposition was made of it; (x) the nature of the privilege asserted; and (xi) the legal and factual basis for each such claim. J. This request is continuing in nature and requires supplemental responses should you generate or obtain further pertinent information or documents between the time responses are served and the time of trial. K. The right to serve additional requests for production of documents is reserved. ACTIVE\84484063.v1-1/15/19 -8-CASE NO: 2018-032555-CA-01 ITEMS TO BE PRODUCED 1. Any and all documents, photos, or other evidence which supports your allegation in paragraph 7 of your Complaint: “Upon information and belief Defendant, BLUE JAY TRUCKING, INC., was leasing the Trailer from Defendant, IMPAC LOGISTICS SERVICES, LLC.” 2. Any and all documents, photos, or other evidence which supports your allegation in paragraph 15 of your Complaint, that Blue Jay was the “owner and/or operator of the Trailer”. 3. Any and all documents, photos, or other evidence which supports your allegation in paragraph 17 of your Complaint that Blue Jay “appeared to have been keeping the Trailer parked in Northwest 75th Avenue for extended periods of time.” 4. Any and all documents, photos, or evidence which support your contention that Blue Jay had a business relationship with Impac Logistics. 5. Any and all documents, photos, or evidence which support your contention that Blue Jay had ever operated the subject Trailer prior to moving it after the subject accident. 6. Any and all documents, photos, or evidence which support your contention that Blue Jay ever leased the subject Trailer. 7. Copies of any and all statements, whether signed or unsigned, written, recorded, or otherwise documented, from any witness in this case. 8. Any and all photographs and/or video of the accident scene and/or vehicles involved in the subject accident. 9. Any and all photographs and/or video of the vehicles being moved from the scene of the accident. 10. Any and all text, data, and cellular phone records from the date of accident for any and all cell phones you owned or were in your possession at the time of the accident. 11. Copies of Federal Income Tax Returns, including I.R.S. 1040 Forms, W-2 withholding tax statement, W-9 forms and any and all other evidence of Plaintiff's income for the past five (5) years, together with evidence of current year’s income to date of production. 12. Copies of any and all records evidencing Plaintiffs income for the past five (5) years from any self-employed or ownership or interest in any business, including but not limited to all financial statements for the Plaintiff and the business; profit and loss statements; complete Federal, State and Local Tax Returns, including Plaintiffs Sub-Chapter S filings; and any other business income and expense records in whatever form or however titled. ACTIVE\84484063.v1-1/15/19 -9-CASE NO: 2018-032555-CA-01 13. Copies of any and all hospital, medical or other bills, invoices, insurance claim documents, letters of protection, and medical liens paid or owing, and resulting from the subject incident. 14. Copies of any and all hospital, clinic, emergency room records, copies of x-rays, MRI’s and other radiological films, medical reports, doctors’ reports, and other medical records related to or connected with the medical care and treatment rendered to the Plaintiff. 15. Copies of any and all records from any doctor, medical facility or other medical care provider for any psychological or psychiatric care or treatment to the Plaintiff either from this incident, or from prior medical and/or psychological/psychiatric treatment. 16. Any and all written (signed or unsigned) or recorded statements taken from any person who has any knowledge concerning the subject incident. 17. Any and all written (signed or unsigned) or recorded statements taken of the Defendants or the Defendants’ ostensible agents, servants and employees, related to or connected with the subject incident. 18. Any and all photographs, digital images, films, slides, graphs, videotapes, DVD’s, charts, measurements, calculations and other documentary evidence of the incident scene, the parties and any property or premises involved in or pertaining to the subject incident. (Please provide reproductions not originals). 19, Any and all police accident/incident reports and paramedic/EMT reports related to or connected with the subject incident. 20. Any and all investigation reports or analyses made by any governmental agency or department concerning the subject incident. 21. Any and all photographs, slides or videotapes taken of Plaintiffs injuries at any point in the time since the date of the subject incident to the present time. 22. Any and all photographs, videotapes, DVDs depicting the Plaintiff from 2016 to the present time. 23. Any and all documents pertaining to any claims made by the Plaintiff against any other person, entity, or insurer as a result of the alleged incident or for any prior or subsequent incidents involving bodily injury. 24, Any and all documents pertaining to any settlement of any claim by the Plaintiff with any other person, entity or insurer in connection with the subject incident or any prior or subsequent incidents involving bodily injury. 25. Any and all reports prepared by any experts who have been retained by the Plaintiff to testify at trial, including a copy of each experts C.V. ACTIVE\84484063.v1-1/15/19 -10-CASE NO: 2018-032555-CA-01 26. Certified copies of any and all medical or disability insurance policies that provided benefits or coverage to the Plaintiff for any damage claimed as a result of the subject incident. 27. Each and every document identified or referred to in your answers to interrogatories served by these Defendants. 28. Copies of documentation reflecting the Plaintiffs notification of collateral source providers, as required by Florida Statute §768.76(6) and any response thereto as required by Florida Statute §768.76(7). 29. All correspondence, forms, reports or other documents provided by Defendant(s) to the Plaintiff at the time of the subject incident. 30. All policies, contracts, identification cards, applications, statements, explanation of benefits or similar documentation for each insurance company, HMO, PPO, or private or governmental entity identified in your answers to interrogatories. 31. Any and all records pertaining to any payments made to, for, or on behalf of the Plaintiff as a result of or arising from the subject incident, including but not limited to payments from: (a) The United States Social Security Act; any federal, state or local disability act; any other public programs providing medical expenses, disability payments or other similar benefits; (b) Any health, sickness or disability income insurance and any other similar benefits; c) Any contract or agreements of any group, organizations, partnership or corporation to 'y er y group, org: P iP rp provide, pay for, or reimburse costs of hospital, medical or other healthcare services; (d) Any contractual or voluntary wage contribution plan provided by any employers of the Plaintiff or any other system intended to provide wages during any period of alleged disability of such individual. (e) Any contract or agreements of any group, organization, partnership or corporation to provide, pay for, or reimburse costs of hospital, medical or other healthcare services. A copy of any and all correspondence, medical records, and applications to or from any insurance company regarding life, disability, or medical/hospitalization insurance which pre-date the subject incident (f) A copy of any and all correspondence to or from any insurance company or its designated physician or nurse concerning any physical examination of you for purposes of insurance or an insurance claim. ACTIVE\84484063.v1-1/15/19 -ll-CASE NO: 2018-032555-CA-01 (g) A copy of any and all correspondence and/or reports of any physician designated or appointed by your attorneys or any insurance provider to examine you concerning claims as a result of this incident. 32. A copy of all statutes, ordinances, codes, standards, or regulations that Plaintiff contends Defendant(s) violated or that Plaintiff intends to use at the time of trial. 33. A copy of any and all claim records (including settlement documents and medical records) and/or lawsuits initiated by or on behalf of Plaintiff prior to or subsequent to the subject incident concerning any other injuries or claimed injuries received/sustained by Plaintiff prior to or subsequent to the subject incident. 34. A copy of any and all receipts, evidence of payments, or any other documents with regard to any damages, specific or general, which you will be claiming in this lawsuit. 35. Any and all correspondence, notice of liens, notices of subrogation, notices of right of reimbursement, subrogation/trust agreements, assignments or judgments received by you or your agents or attorneys from any person or entity who has claimed a portion of any settlement or judgment you may recover in this litigation. 36. A copy of all settlement agreements, releases and Mary Carter a