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Filing # 119568036 E-Filed 01/13/2021 02:46:07 PM
IN THE COUNTY COURT IN AND
FOR BROWARD COUNTY, FLORIDA.
CASE NO.: CONO-20-019439
ISABEL FIS,
Plaintiff,
vs.
CITIZENS PROPERTY
INSURANCE CORPORATION,
Defendant.
/
DEFENDANT’S FIRST REQUEST TO PRODUCE TO PLAINTIFF
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“Citizens”), pursuant
to Rule 1.350, Florida Rules of Civil Procedure, hereby requests that Plaintiff, ISABEL FIS, produce
the following documents for inspection, copying or photocopying within thirty (30) days of service
of this request.
DEFINITIONS
The words "and" and "or" shall be construed either synonymously or as is necessary to bring
within the scope of these requests any information which might be construed to be outside their scope.
The term "document(s)" refers to any and all items that are in your actual or constructive
possession or custody, or which are under your control, or to which you have access, and means the
original and each non-identical copy, whether different from the original because of marginal notes
or other material inserted therein or attached thereto or otherwise, and drafts and both sides thereof,
of any written, printed, recorded, or graphic matter, however produced or reproduced, of any kind of
description, whether sent or received or neither, including, but not limited to: papers, books, letters,
correspondence, telegrams, cables, telex messages, memoranda, communications, notes, invoices
(including all bills and statements of account), credit memos, notations, work papers, transcripts,
minutes, minute books, stock books, stock certificates, stock records, corporate resolutions, reports
and recordings of telephone or other conversations or of interviews or of conferences or other
meetings, affidavits, statements, manuscripts, media articles, legal papers, summaries, opinions,
reports, studies, analyses, evaluations, contracts, agreements, ledgers, journals, statistical records,
desk calendars, appointment books, diaries, lists, tabulation, sound recordings, computer printouts,
data processing input and output, microfilms, photographs, motion pictures, maps, charts, accounts,
financial statements and reports, and all other records kept by electronic, photographic, or mechanical
means, and things similar to any of the foregoing, however, denominated.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/13/2021 02:46:07 PM.****Wherever in the following document the request is made to identify a "person," the term
"person" includes individuals, corporations, partnerships, and other unincorporated associations; and
"identify" means to supply the name and last known business and home address.
The term "produce" means to make available the documents or things requested herein for
inspection and copying, and to separate such documents into categories to correspond with the
numbered paragraphs of this Request.
The term “Plaintiff” or "Plaintiffs" refers to ISABEL FIS, their assignors, merged
consolidated or acquired predecessors or successors; divisions, units, and subsidiaries, whether or not
wholly owned; including present and former officers, directors, agents, or employees or any of the
foregoing, and including all other persons acting or purporting to act on their behalf; experts, persons
consulted concerning any factual matter or matters of opinion relating to any of the facts or issues
involved in this action, and unless privileged, the party’s attomey.
The term the “Citizens” refers to CITIZENS PROPERTY INSURANCE CORPORATION,
including its agents, employees or any other persons acting or purporting to act on its behalf.
WARNING: Computer generated or stored documents, including computer files or
data, electronic mail, and information on hard disk which has been erased but retrievable
constitute documents within the meaning of this definition. An inspection of your computer
system may be necessary to assure compliance with this request.
INSTRUCTIONS
Each paragraph below shall operate and be construed independently, and, unless otherwise
indicated, no paragraph limits the scope of any other paragraph.
CLAIM OF PRIVILEGE: Identify every document requested herein that is withheld from
production on any claim of privilege, work product or other immunity from production and for each
such document state:
a. the specific basis on which the document is being withheld;
b. the names of any and all persons who have seen the document;
c. the date and subject matter of the document;
d. the location of the document;
e. the custodian of the document;
f the author(s) or preparer(s) of the document;
g. the recipient(s) of the document; and
h. the persons who were furnished copies of the document.Unless otherwise specified, the documents produced for inspection shall be produced as they
are kept in the usual course of business and shall be organized and labeled to correspond with the
paragraphs set forth below.
The obligation to produce the documents requested herein is intended to be of a continuing
nature so that if at any time after compliance with this request, you should acquire possession, custody
or control of any additional documents within the scope hereof, except to the extent such documents
are obtained by discovery in the public record of this case, you must furnish such documents as soon
as is practicable.
To the extent that you consider any of the following requests, or portions thereof,
objectionable, separately state which part is objected to and the ground(s) for each objection.
When identification of a document is required, your response should include such information
as is sufficient to enable Citizens to form an intelligible request for production of such a documents
with the degree of specificity required by Rule 1.350, Florida Rule of Civil Procedure, and if no copy
of the document(s) identified is in your possession, custody or control, identify the name and address
of the present custodian of the document or copy thereof.
When a statement of the date or time of an occurrence or given event is required and the exact
date or time is not known, your response should state the approximate date or time and indicate clearly
that the response is an approximation.
When a description of a place or location is required, your response should include the
complete street address, including postal zip code, the name of the person or entity occupying such
address and, when applicable, the room, suite or floor number.
DOCUMENTS TO BE PRODUCED
1. All correspondence between Plaintiff and Citizens regarding any matters related to the breach
of contract allegations in the Complaint.
2. All documents Plaintiff intends to use at trial in this matter.
3. All reports prepared by any expert, roofer, flooring expert, plumber, water mitigation
company, contractor, or adjuster retained by Plaintiff for inspections related to the damage
alleged in the Complaint.
4. All correspondence between any expert, roofer, flooring expert, plumber, water mitigation
company, contractor, or adjuster and Plaintiff relating to the water damage alleged in the
Complaint.
5. All documents provided to any expert, roofer, flooring expert, plumber, water mitigation
company, contractor, or adjuster retained by Plaintiff regarding the breach of contract
allegations in the Complaint.
6. All documents evidencing the Plaintiff's efforts to repair the damaged property that is the
subject of this litigation.10.
ll.
12.
14.
15.
16.
18.
19.
20.
All contracts, assignment of benefits, directions to pay and any other agreements between
Plaintiff and any other entities or persons relating to the relevant insurance claim that is the
subject of this litigation.
All documents evidencing the expenses or costs to Plaintiff for the repair of the property
damage that is the subject of this litigation as a result of the relevant insurance claim.
All documents referencing or supporting the contention that the damage to the insured
property claimed in this lawsuit was caused “directly and/or indirectly by a weather created
opening in the roofing system” as alleged in the Complaint.
All documents relating to any communications between Citizens and Plaintiff.
All photographs, surveys, inspection reports, and video tape recordings regarding the property
damage that is the subject of this litigation. Please provide co/or photographs, if available.
All written statements from any employee, adjuster or agent of Citizens pertaining to this
matter.
All bills for which Plaintiff will be seeking compensation at the trial of this cause.
All invoices, receipts, cancelled checks or other responsive documents evidencing all
expenses identified in Plaintiff's Answers to Defendant’s First Set of Interrogatories.
All documentation of claims made against any collateral sources of insurance for the same
property within the past five (5) years, i.e., flood insurance, or any other property insurance
coverage, for the same property at issue.
All assignments of benefits associated with the relevant insurance claim.
All documents evidencing or referencing actions to mitigate damage to the subject property
as a result of the claimed loss.
All documents, photographs and other materials that provide information regarding the cause
of loss associated with the relevant insurance claim. Please provide color photographs, if
available.
All documents, photographs and other materials that provide information regarding the date
of loss associated with the relevant insurance claim. Please provide color photographs, if
available.
All documents, photographs and other materials that provide information regarding the date
the damage associated with the relevant insurance claim was discovered. Please provide color
photographs, if available.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been
electronically filed with the Clerk of the Courts by using the E-Filing Portal and a notice of the
electronic filing was sent via Email to the following: STEVEN C. KLETZKIN, ESQUIRE, Steven
C. Kletzkin, PLLC, 4400 N Federal Highway, Suite 210, Boca Raton, FL 33431, sck@sckpllc.com;
diana@sckpllc.com; admin@sckpllc.com, this 13th day of January, 2021.
AVE . McNeal
ALLISON H. MCNEILL, ESQUIRE
Florida Bar No. 93083
Pearson Doyle Mohre & Pastis, LLP
485 N. Keller Road, #401
Maitland, FL 32751
Tel: 407.647.0090
Fax: 407.647.0092
Email: amcneill@pdmplaw.com
Secondary Email: mmackey@pdmplaw.com
Additional Email: nscheuring@pdmplaw.com
Attorneys for Defendant
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Filing # 119568036 E-Filed 01/13/2021 02:46:07 PM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA. CASE NO.: CONO-20-019439 ISABEL FIS, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT’S FIRST REQUEST TO PRODUCE TO PLAINTIFF Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“Citizens”), pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby requests that Plaintiff, ISABEL FIS, produce the following documents for inspection, copying or photocopying within thirty (30) days of service of this request. DEFINITIONS The words "and" and "or" shall be construed either synonymously or as is necessary to bring within the scope of these requests any information which might be construed to be outside their scope. The term "document(s)" refers to any and all items that are in your actual or constructive possession or custody, or which are under your control, or to which you have access, and means the original and each non-identical copy, whether different from the original because of marginal notes or other material inserted therein or attached thereto or otherwise, and drafts and both sides thereof, of any written, printed, recorded, or graphic matter, however produced or reproduced, of any kind of description, whether sent or received or neither, including, but not limited to: papers, books, letters, correspondence, telegrams, cables, telex messages, memoranda, communications, notes, invoices (including all bills and statements of account), credit memos, notations, work papers, transcripts, minutes, minute books, stock books, stock certificates, stock records, corporate resolutions, reports and recordings of telephone or other conversations or of interviews or of conferences or other meetings, affidavits, statements, manuscripts, media articles, legal papers, summaries, opinions, reports, studies, analyses, evaluations, contracts, agreements, ledgers, journals, statistical records, desk calendars, appointment books, diaries, lists, tabulation, sound recordings, computer printouts, data processing input and output, microfilms, photographs, motion pictures, maps, charts, accounts, financial statements and reports, and all other records kept by electronic, photographic, or mechanical means, and things similar to any of the foregoing, however, denominated. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/13/2021 02:46:07 PM.****Wherever in the following document the request is made to identify a "person," the term "person" includes individuals, corporations, partnerships, and other unincorporated associations; and "identify" means to supply the name and last known business and home address. The term "produce" means to make available the documents or things requested herein for inspection and copying, and to separate such documents into categories to correspond with the numbered paragraphs of this Request. The term “Plaintiff” or "Plaintiffs" refers to ISABEL FIS, their assignors, merged consolidated or acquired predecessors or successors; divisions, units, and subsidiaries, whether or not wholly owned; including present and former officers, directors, agents, or employees or any of the foregoing, and including all other persons acting or purporting to act on their behalf; experts, persons consulted concerning any factual matter or matters of opinion relating to any of the facts or issues involved in this action, and unless privileged, the party’s attomey. The term the “Citizens” refers to CITIZENS PROPERTY INSURANCE CORPORATION, including its agents, employees or any other persons acting or purporting to act on its behalf. WARNING: Computer generated or stored documents, including computer files or data, electronic mail, and information on hard disk which has been erased but retrievable constitute documents within the meaning of this definition. An inspection of your computer system may be necessary to assure compliance with this request. INSTRUCTIONS Each paragraph below shall operate and be construed independently, and, unless otherwise indicated, no paragraph limits the scope of any other paragraph. CLAIM OF PRIVILEGE: Identify every document requested herein that is withheld from production on any claim of privilege, work product or other immunity from production and for each such document state: a. the specific basis on which the document is being withheld; b. the names of any and all persons who have seen the document; c. the date and subject matter of the document; d. the location of the document; e. the custodian of the document; f the author(s) or preparer(s) of the document; g. the recipient(s) of the document; and h. the persons who were furnished copies of the document.Unless otherwise specified, the documents produced for inspection shall be produced as they are kept in the usual course of business and shall be organized and labeled to correspond with the paragraphs set forth below. The obligation to produce the documents requested herein is intended to be of a continuing nature so that if at any time after compliance with this request, you should acquire possession, custody or control of any additional documents within the scope hereof, except to the extent such documents are obtained by discovery in the public record of this case, you must furnish such documents as soon as is practicable. To the extent that you consider any of the following requests, or portions thereof, objectionable, separately state which part is objected to and the ground(s) for each objection. When identification of a document is required, your response should include such information as is sufficient to enable Citizens to form an intelligible request for production of such a documents with the degree of specificity required by Rule 1.350, Florida Rule of Civil Procedure, and if no copy of the document(s) identified is in your possession, custody or control, identify the name and address of the present custodian of the document or copy thereof. When a statement of the date or time of an occurrence or given event is required and the exact date or time is not known, your response should state the approximate date or time and indicate clearly that the response is an approximation. When a description of a place or location is required, your response should include the complete street address, including postal zip code, the name of the person or entity occupying such address and, when applicable, the room, suite or floor number. DOCUMENTS TO BE PRODUCED 1. All correspondence between Plaintiff and Citizens regarding any matters related to the breach of contract allegations in the Complaint. 2. All documents Plaintiff intends to use at trial in this matter. 3. All reports prepared by any expert, roofer, flooring expert, plumber, water mitigation company, contractor, or adjuster retained by Plaintiff for inspections related to the damage alleged in the Complaint. 4. All correspondence between any expert, roofer, flooring expert, plumber, water mitigation company, contractor, or adjuster and Plaintiff relating to the water damage alleged in the Complaint. 5. All documents provided to any expert, roofer, flooring expert, plumber, water mitigation company, contractor, or adjuster retained by Plaintiff regarding the breach of contract allegations in the Complaint. 6. All documents evidencing the Plaintiff's efforts to repair the damaged property that is the subject of this litigation.10. ll. 12. 14. 15. 16. 18. 19. 20. All contracts, assignment of benefits, directions to pay and any other agreements between Plaintiff and any other entities or persons relating to the relevant insurance claim that is the subject of this litigation. All documents evidencing the expenses or costs to Plaintiff for the repair of the property damage that is the subject of this litigation as a result of the relevant insurance claim. All documents referencing or supporting the contention that the damage to the insured property claimed in this lawsuit was caused “directly and/or indirectly by a weather created opening in the roofing system” as alleged in the Complaint. All documents relating to any communications between Citizens and Plaintiff. All photographs, surveys, inspection reports, and video tape recordings regarding the property damage that is the subject of this litigation. Please provide co/or photographs, if available. All written statements from any employee, adjuster or agent of Citizens pertaining to this matter. All bills for which Plaintiff will be seeking compensation at the trial of this cause. All invoices, receipts, cancelled checks or other responsive documents evidencing all expenses identified in Plaintiff's Answers to Defendant’s First Set of Interrogatories. All documentation of claims made against any collateral sources of insurance for the same property within the past five (5) years, i.e., flood insurance, or any other property insurance coverage, for the same property at issue. All assignments of benefits associated with the relevant insurance claim. All documents evidencing or referencing actions to mitigate damage to the subject property as a result of the claimed loss. All documents, photographs and other materials that provide information regarding the cause of loss associated with the relevant insurance claim. Please provide color photographs, if available. All documents, photographs and other materials that provide information regarding the date of loss associated with the relevant insurance claim. Please provide color photographs, if available. All documents, photographs and other materials that provide information regarding the date the damage associated with the relevant insurance claim was discovered. Please provide color photographs, if available.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been electronically filed with the Clerk of the Courts by using the E-Filing Portal and a notice of the electronic filing was sent via Email to the following: STEVEN C. KLETZKIN, ESQUIRE, Steven C. Kletzkin, PLLC, 4400 N Federal Highway, Suite 210, Boca Raton, FL 33431, sck@sckpllc.com; diana@sckpllc.com; admin@sckpllc.com, this 13th day of January, 2021. AVE . McNeal ALLISON H. MCNEILL, ESQUIRE Florida Bar No. 93083 Pearson Doyle Mohre & Pastis, LLP 485 N. Keller Road, #401 Maitland, FL 32751 Tel: 407.647.0090 Fax: 407.647.0092 Email: amcneill@pdmplaw.com Secondary Email: mmackey@pdmplaw.com Additional Email: nscheuring@pdmplaw.com Attorneys for Defendant