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Filing # 65459331 E-Filed 12/15/2017 01:21:58 PM
MIAMI-DADE COUNTY, FLORIDA
Early Time Medical Center a/a/o CIVIL DIVISION
ra Pedro Pina,
CASE NO. 17-14368 CC 25 02
Plaintiff,
FLORIDA BAR NO. 513598
vs.
Geico Indemnity Company,
Defendant.
ee |
PLAINTIFF’: PPLEME EST TO PRODUCE
COMES NOW, the Plaintiff, by and through undersigned counsel, pursuant to Rule 1.350, Florida
Rules of Civil Procedure, hereby requests the Defendant, Geico Indemnity Company, to produce legible
copies of the following documents to the Plaintiff's attorney at the undersigned’s address, within THIRTY
(30) days after service hereof, for inspection and copying in lieu of production of the requested
documents, provision of accurate copies thereof will be accepted and the Plaintiff agrees to pay the
reasonable cost thereof.
AUTHORITY
This discovery request is propounded pursuant to the legal authority of Allstate Ins.v.Boecher,
733 S0.2d 993 (Fla. 1999), approving Allstate Ins. Co. v. Boecher, 705 So.2d 106 (Fla. 4° DCA 1998);
and/or Springer v. West, 769 So.2d 1068 (Fla. 5 DCA 2000). “We find no indication from either the
language of rule 1.280 (b)(4) or our opinion in Elkins that the rule was intended to shield a party from
revealing the extent of its relationship with an expert witness.” Boecher, 733 So.2d at 999 (Fla. 1999).
“It occurs to us that, in this pervasively computerized generation of doing business, any going concern
would be sorely tried to establish burdensomeness in the mere retrieval of this kind of information.
Surely Allstate has the power to pluck the data from its own cyberspace. The burden placed on this
party should be presumed to be no more difficult than selecting the correct keys on a board or icons on a
screen. Allstate has done nothing in this record to dispel such a presumption.” Boecher, 705 So.2d at
108 (Fla. 4 DCA 1998). “Where an insurer provides a defense for its insured and is acting as the
insured’s agent, the insurer relationship to an expert is discoverable form the insured. To hold otherwise
would render Boecher meaningless in all but a small class of cases. [T]he information sought is relevant
to the witness’s bias and will enhance the truth-seeking function and fairness of the trial, as intended by
Boecher. Spinger v. West, 769 So.2d at 1069 (Fla. 5" DCA 2000). As for discoverability of similar
information held by defense counsel, please see Morgan, Colling & Gilbert, P.A. v. Pope, 26 Fla. L. Week.
D 1841 (Fla. 2d DCA 2001).INSTRUCTIONS
(a) Unless otherwise indicated, these Interrogatories refer to the time, place and circumstances of
the occurrence mentioned or complained of in the Complaint;
(b) Where the name or identity of a person, or persons, is requested, please state the full name,
home address, and also business and employment addresses;
c) Where knowledge or information or possession of a party, or parties is requested, such request
includes the knowledge of the party’s agents, representatives, and unless privileged, his/her/its
attorneys;
d) The pronoun “you” refers to the party to whom these Interrogatories are addresses, and the
persons mentioned in clause (c);
e) If the party to whom these Interrogatories are addressed is a corporation, the answers must
be signed by an officer or agent duly authorized to bind it;
f) The term “person” or “individual” includes any natural or artificial person, corporation,
partnership, joint venture, business trust, professional association or sole proprietorship;
g) The term “documents” as used herein includes any written, drawn, recorded, transcribed, file
or graphic matter, however produced or reproduced, and any drafts, revisions or amendments thereof,
and any;
i) Letters, correspondence, telegrams, E-mails and mailgrams;
ii) Paper, books, periodicals, pamphlets, brochures and promotional materials;
iii) Accounts, loan records and financial records;
iv) Photographs, films, microfilms, video recordings and sound recordings;
v) Notes, memoranda, inter-office communications and records;
h) Where you are asked to identify a document, state the title, date, any identifying numbers and
all other identifying designations, and the number of pages.
All documents or tangible items of whatsoever nature pertaining to the following:
a. The scope of your employment of expert witnesses in this case and the compensation for
such service.
b. The general litigation experience of your expert witnesses in this case, including the
percentage of work performed for plaintiffs and defendants.
c. The identity of other insurance claims or legal actions in which each of your expert witnesses
rendered opinions or evaluations during the last three years. (If you have identified a medical
expert witness, you are not requested to identify instances where said expert witness provided
treatment to a patient.
d. The identity of other cases in which each of your expert witnesses in this case have testified
by deposition or at trial during the last three (3) years .
e. An approximation of the portion of the expert's involvement as an expert witness, which may
be based on the number of hours, percentage of hours, or percentage of earned income derived
from serving as an expert witness.
1, Copies of any and all invoices, records, memoranda,, checks, check stubs, receipts, 1099's, tax
records or any other form of financial information evidencing payment or compensation paid by10.
Defendant (as defined herein) for services provided by your expert witnesses for the last three
(3) years.
Your expert witnesses most current curriculum vitae or resume.
All writings setting forth the opinions or observations of your expert witnesses in this case.
A copy of any and all reports generated or prepared by any experts you expect to testify during
the trial of this cause.
A copy of any and all exhibits you intend on using during the trial of this cause.
A copy of the invoice, cancelled checks or fee agreement between Defendant and Its expert
witnesses expected to testify at trial.
A copy of any and all articles published by Defendant’s expert(s) within the last two years.
A copy of the IRS Payments List depicting Tax ID-Number, Company Code, CPU Code, APPL-ID,
Payment Type, Payment Amount, Box Description, Claim/Policy Number, Account Number Paid
to/from, or any other invoice depicting said information regarding payments made to experts
intended to testify at trial by Defendant. Please provide the above-described documents for
dates reflecting the past three years.
Any and all photographs in Defendant's possession regarding the vehicles involved in this
incident.
Any and all Diagnostic Reports/Films created by your Experts during their Examination of Plaintiff.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via the Court's e-filing
portal to Annette Strauch, Esq., miamipipgeico@geico.com, Law Office of Haydee De La Rosa-Tolgyesi,
2600 Douglas Road, Suite 700, Coral Gables, Florida 33134 on December 49, 2017.
MERTZ LAW GROUP
6291 SW 40 STREET
MIAMI, FL 33155
305-821-4581 TELEPHONE
305-821-3738 FACSIMILE
service@mertzlawgroup.com
By
EWIS J. MERTZ, JR., ESQ.
FBN: 513598
Preview
Filing # 65459331 E-Filed 12/15/2017 01:21:58 PM MIAMI-DADE COUNTY, FLORIDA Early Time Medical Center a/a/o CIVIL DIVISION ra Pedro Pina, CASE NO. 17-14368 CC 25 02 Plaintiff, FLORIDA BAR NO. 513598 vs. Geico Indemnity Company, Defendant. ee | PLAINTIFF’: PPLEME EST TO PRODUCE COMES NOW, the Plaintiff, by and through undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby requests the Defendant, Geico Indemnity Company, to produce legible copies of the following documents to the Plaintiff's attorney at the undersigned’s address, within THIRTY (30) days after service hereof, for inspection and copying in lieu of production of the requested documents, provision of accurate copies thereof will be accepted and the Plaintiff agrees to pay the reasonable cost thereof. AUTHORITY This discovery request is propounded pursuant to the legal authority of Allstate Ins.v.Boecher, 733 S0.2d 993 (Fla. 1999), approving Allstate Ins. Co. v. Boecher, 705 So.2d 106 (Fla. 4° DCA 1998); and/or Springer v. West, 769 So.2d 1068 (Fla. 5 DCA 2000). “We find no indication from either the language of rule 1.280 (b)(4) or our opinion in Elkins that the rule was intended to shield a party from revealing the extent of its relationship with an expert witness.” Boecher, 733 So.2d at 999 (Fla. 1999). “It occurs to us that, in this pervasively computerized generation of doing business, any going concern would be sorely tried to establish burdensomeness in the mere retrieval of this kind of information. Surely Allstate has the power to pluck the data from its own cyberspace. The burden placed on this party should be presumed to be no more difficult than selecting the correct keys on a board or icons on a screen. Allstate has done nothing in this record to dispel such a presumption.” Boecher, 705 So.2d at 108 (Fla. 4 DCA 1998). “Where an insurer provides a defense for its insured and is acting as the insured’s agent, the insurer relationship to an expert is discoverable form the insured. To hold otherwise would render Boecher meaningless in all but a small class of cases. [T]he information sought is relevant to the witness’s bias and will enhance the truth-seeking function and fairness of the trial, as intended by Boecher. Spinger v. West, 769 So.2d at 1069 (Fla. 5" DCA 2000). As for discoverability of similar information held by defense counsel, please see Morgan, Colling & Gilbert, P.A. v. Pope, 26 Fla. L. Week. D 1841 (Fla. 2d DCA 2001).INSTRUCTIONS (a) Unless otherwise indicated, these Interrogatories refer to the time, place and circumstances of the occurrence mentioned or complained of in the Complaint; (b) Where the name or identity of a person, or persons, is requested, please state the full name, home address, and also business and employment addresses; c) Where knowledge or information or possession of a party, or parties is requested, such request includes the knowledge of the party’s agents, representatives, and unless privileged, his/her/its attorneys; d) The pronoun “you” refers to the party to whom these Interrogatories are addresses, and the persons mentioned in clause (c); e) If the party to whom these Interrogatories are addressed is a corporation, the answers must be signed by an officer or agent duly authorized to bind it; f) The term “person” or “individual” includes any natural or artificial person, corporation, partnership, joint venture, business trust, professional association or sole proprietorship; g) The term “documents” as used herein includes any written, drawn, recorded, transcribed, file or graphic matter, however produced or reproduced, and any drafts, revisions or amendments thereof, and any; i) Letters, correspondence, telegrams, E-mails and mailgrams; ii) Paper, books, periodicals, pamphlets, brochures and promotional materials; iii) Accounts, loan records and financial records; iv) Photographs, films, microfilms, video recordings and sound recordings; v) Notes, memoranda, inter-office communications and records; h) Where you are asked to identify a document, state the title, date, any identifying numbers and all other identifying designations, and the number of pages. All documents or tangible items of whatsoever nature pertaining to the following: a. The scope of your employment of expert witnesses in this case and the compensation for such service. b. The general litigation experience of your expert witnesses in this case, including the percentage of work performed for plaintiffs and defendants. c. The identity of other insurance claims or legal actions in which each of your expert witnesses rendered opinions or evaluations during the last three years. (If you have identified a medical expert witness, you are not requested to identify instances where said expert witness provided treatment to a patient. d. The identity of other cases in which each of your expert witnesses in this case have testified by deposition or at trial during the last three (3) years . e. An approximation of the portion of the expert's involvement as an expert witness, which may be based on the number of hours, percentage of hours, or percentage of earned income derived from serving as an expert witness. 1, Copies of any and all invoices, records, memoranda,, checks, check stubs, receipts, 1099's, tax records or any other form of financial information evidencing payment or compensation paid by10. Defendant (as defined herein) for services provided by your expert witnesses for the last three (3) years. Your expert witnesses most current curriculum vitae or resume. All writings setting forth the opinions or observations of your expert witnesses in this case. A copy of any and all reports generated or prepared by any experts you expect to testify during the trial of this cause. A copy of any and all exhibits you intend on using during the trial of this cause. A copy of the invoice, cancelled checks or fee agreement between Defendant and Its expert witnesses expected to testify at trial. A copy of any and all articles published by Defendant’s expert(s) within the last two years. A copy of the IRS Payments List depicting Tax ID-Number, Company Code, CPU Code, APPL-ID, Payment Type, Payment Amount, Box Description, Claim/Policy Number, Account Number Paid to/from, or any other invoice depicting said information regarding payments made to experts intended to testify at trial by Defendant. Please provide the above-described documents for dates reflecting the past three years. Any and all photographs in Defendant's possession regarding the vehicles involved in this incident. Any and all Diagnostic Reports/Films created by your Experts during their Examination of Plaintiff. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via the Court's e-filing portal to Annette Strauch, Esq., miamipipgeico@geico.com, Law Office of Haydee De La Rosa-Tolgyesi, 2600 Douglas Road, Suite 700, Coral Gables, Florida 33134 on December 49, 2017. MERTZ LAW GROUP 6291 SW 40 STREET MIAMI, FL 33155 305-821-4581 TELEPHONE 305-821-3738 FACSIMILE service@mertzlawgroup.com By EWIS J. MERTZ, JR., ESQ. FBN: 513598