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Filing # 71208592 E-Filed 04/25/2018 11:12:24 AM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN:'AND FOR MIAMI-
DADE COUNTY, FLORIDA
XIOMARA LLERENA and ROBERTO GENERAL JURISDICTION DIVISION
LLERENA,
CASE NO.: 17-014926 CA (31) |
Plaintiff, }
Florida Bar No: 0084071
vs.
ANDRES QUINTANA INC. d/b/a
QUINTANA FAMILY DAY CARE
HOME a/k/a LEARNING AND
GROWING FAMILY CHILD CARE,
usps TRACKING# 9488 8178 9820 3192 5071 20 i
FOR TRACKING GO TO USPS.COM
Defendant.
/
PLAINTIFF’S RESPONSE TO DEFENDANT’S FIRST REQUEST FOR PRODUCTION
COMES NOW, the Plaintiff, XIOMARA LLERENA, by and through her undersigned
counsel files their Response to Defendant’s, ANDRES QUINTANA INC. d/b/a QUINTANA
FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE,
First Request to Produce bearing certificate date of March 15, 2018, as follows:
1, Objection, attorney client work product privilege. Without waiving said objection,
attached is one photograph taken on the date of the accident. In addition, Plaintiff is in
possession of a video which will be reproduced upon receiving a $10 payment for the
reproduction of same. Video depicts video of the walkway taken on the date of accident.
Plaintiff's expert also took photographs of the scene which is work product and attorney
client privilege at this time.
2. None in Plaintiffs possession at this time. Discovery still continues on this issue.
3. Please see attached all medical records in Plaintiffs possession.
4. Please see attached all medical bills in Plaintiff's possession.
5. Objection, overbroad, ambiguous and will not lead to the discovery of admissible
evidence. Without waiving said objection, please see attached all documents attached
herein.Case No.: 17-014926 CA (31)
6. Undetermined at this time as to all experts that will be called for trial. Discovery still
continues on this issue and Plaintiff will produce any/all reports in accordance with this
courts trial order.
7. Objection, irrelevant, immaterial and will not lead to the discovery of admissible
evidence as Plaintiff is not making a loss wage claim since she has been retired as of
around 2006.
8. Please see attached.
9. Objection, irrelevant, immaterial and will not lead to the discovery of admissible
evidence. without waiving said objection, Plaintiff will provide her social security
number at her deposition and off the record. Should opposing counsel be in need of her
social security number prior to then they can simply call our office and same can be
provided.
10. Have requested and will provide upon receipt.
11. Have requested and will provide upon receipt.
12. Objection, overbroad, ambiguous and will not lead to the discovery of admissible
evidence. Without waiving said objection, discovery still continues on this issue.
13. Undetermined at this time as to all experts that will be called for trial. Discovery still
continues on this issue and Plaintiff will produce any/all reports in accordance with this
courts trial order.
14, Please see complaint for all allegations of negligence. In addition, undetermined at this
time as to all experts that will be called for trial. Discovery still continues on this issue
and Plaintiff will produce any/all reports in accordance with this courts trial order.
15. Please see complaint for all allegations of negligence. In addition, undetermined at this
time as to all experts that will be called for trial. Discovery still continues on this issue
and Plaintiff will produce any/all reports in accordance with this courts trial order.
16. None.
17. None.
18. Please see attached all medical records in Plaintiff's possession.
19. Please see attached all medical records in Plaintiffs possession.
20. None in Plaintiff's possession.
21. None.22.
23.
24,
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35,
36.
Case No.: 17-014926 CA (31)
Objection, irrelevant, immaterial and will not lead to the discovery of admissible
evidence as Plaintiff is not making a loss wage claim since she has been retired as of
around 2006.
None in Plaintiffs possession.
None.
Unknown at this time as to any/all experts that will be called for trial. Discovery still
continues on this issue.
Unknown at this time as to any/all experts that will be called for trial. Discovery still
continues on this issue.
None.
None.
Undetermined at this time as to all experts that will be called for trial. Discovery still
continues on this issue and Plaintiff will produce any/all reports in accordance with this
courts trial order.
Objection, irrelevant, immaterial and will not lead to the discovery of admissible
evidence.
Objection, irrelevant, immaterial and will not lead to the discovery of admissible
evidence.
Objection, irrelevant, immaterial and will not lead to the discovery of admissible
evidence.
Please see attached a copy of Plaintiff's Medicare card and Simply Healthcare health
insurance card.
Please see attached a copy of Plaintiff's Medicare card and Simply Healthcare health
insurance card.
Objection, irrelevant, immaterial and will not lead to the discovery of admissible
evidence.
Objection, irrelevant, immaterial and will not lead to the discovery of admissible
evidence.Case No.: 17-014926 CA (31)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing was mailed
this 25 ap of April, 2018 to Luks, Santaniello, Petrillo & Jones, Heather M. Calhoon, Esq., 150
West Flagler Street, Suite 2750, Miami, Fl 33130; 305-377-8900;
Hcalhoon@insurancedefense.net; ccarrero@insurancedefense.net
FRIEDLAND LAW GROUP
1430 South Dixie Hwy., Suite 305
Coral Gables, Florida 33146
Tel: (305) 661-2008
Fax: (305) 661-2001
BY.
Michael J. Carmona, Esq.
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Filing # 71208592 E-Filed 04/25/2018 11:12:24 AM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN:'AND FOR MIAMI- DADE COUNTY, FLORIDA XIOMARA LLERENA and ROBERTO GENERAL JURISDICTION DIVISION LLERENA, CASE NO.: 17-014926 CA (31) | Plaintiff, } Florida Bar No: 0084071 vs. ANDRES QUINTANA INC. d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE, usps TRACKING# 9488 8178 9820 3192 5071 20 i FOR TRACKING GO TO USPS.COM Defendant. / PLAINTIFF’S RESPONSE TO DEFENDANT’S FIRST REQUEST FOR PRODUCTION COMES NOW, the Plaintiff, XIOMARA LLERENA, by and through her undersigned counsel files their Response to Defendant’s, ANDRES QUINTANA INC. d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE, First Request to Produce bearing certificate date of March 15, 2018, as follows: 1, Objection, attorney client work product privilege. Without waiving said objection, attached is one photograph taken on the date of the accident. In addition, Plaintiff is in possession of a video which will be reproduced upon receiving a $10 payment for the reproduction of same. Video depicts video of the walkway taken on the date of accident. Plaintiff's expert also took photographs of the scene which is work product and attorney client privilege at this time. 2. None in Plaintiffs possession at this time. Discovery still continues on this issue. 3. Please see attached all medical records in Plaintiffs possession. 4. Please see attached all medical bills in Plaintiff's possession. 5. Objection, overbroad, ambiguous and will not lead to the discovery of admissible evidence. Without waiving said objection, please see attached all documents attached herein.Case No.: 17-014926 CA (31) 6. Undetermined at this time as to all experts that will be called for trial. Discovery still continues on this issue and Plaintiff will produce any/all reports in accordance with this courts trial order. 7. Objection, irrelevant, immaterial and will not lead to the discovery of admissible evidence as Plaintiff is not making a loss wage claim since she has been retired as of around 2006. 8. Please see attached. 9. Objection, irrelevant, immaterial and will not lead to the discovery of admissible evidence. without waiving said objection, Plaintiff will provide her social security number at her deposition and off the record. Should opposing counsel be in need of her social security number prior to then they can simply call our office and same can be provided. 10. Have requested and will provide upon receipt. 11. Have requested and will provide upon receipt. 12. Objection, overbroad, ambiguous and will not lead to the discovery of admissible evidence. Without waiving said objection, discovery still continues on this issue. 13. Undetermined at this time as to all experts that will be called for trial. Discovery still continues on this issue and Plaintiff will produce any/all reports in accordance with this courts trial order. 14, Please see complaint for all allegations of negligence. In addition, undetermined at this time as to all experts that will be called for trial. Discovery still continues on this issue and Plaintiff will produce any/all reports in accordance with this courts trial order. 15. Please see complaint for all allegations of negligence. In addition, undetermined at this time as to all experts that will be called for trial. Discovery still continues on this issue and Plaintiff will produce any/all reports in accordance with this courts trial order. 16. None. 17. None. 18. Please see attached all medical records in Plaintiff's possession. 19. Please see attached all medical records in Plaintiffs possession. 20. None in Plaintiff's possession. 21. None.22. 23. 24, 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35, 36. Case No.: 17-014926 CA (31) Objection, irrelevant, immaterial and will not lead to the discovery of admissible evidence as Plaintiff is not making a loss wage claim since she has been retired as of around 2006. None in Plaintiffs possession. None. Unknown at this time as to any/all experts that will be called for trial. Discovery still continues on this issue. Unknown at this time as to any/all experts that will be called for trial. Discovery still continues on this issue. None. None. Undetermined at this time as to all experts that will be called for trial. Discovery still continues on this issue and Plaintiff will produce any/all reports in accordance with this courts trial order. Objection, irrelevant, immaterial and will not lead to the discovery of admissible evidence. Objection, irrelevant, immaterial and will not lead to the discovery of admissible evidence. Objection, irrelevant, immaterial and will not lead to the discovery of admissible evidence. Please see attached a copy of Plaintiff's Medicare card and Simply Healthcare health insurance card. Please see attached a copy of Plaintiff's Medicare card and Simply Healthcare health insurance card. Objection, irrelevant, immaterial and will not lead to the discovery of admissible evidence. Objection, irrelevant, immaterial and will not lead to the discovery of admissible evidence.Case No.: 17-014926 CA (31) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing was mailed this 25 ap of April, 2018 to Luks, Santaniello, Petrillo & Jones, Heather M. Calhoon, Esq., 150 West Flagler Street, Suite 2750, Miami, Fl 33130; 305-377-8900; Hcalhoon@insurancedefense.net; ccarrero@insurancedefense.net FRIEDLAND LAW GROUP 1430 South Dixie Hwy., Suite 305 Coral Gables, Florida 33146 Tel: (305) 661-2008 Fax: (305) 661-2001 BY. Michael J. Carmona, Esq.