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Filing # 60088267 E-Filed 08/08/2017 10:04:05 AM 1087
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
HARBOR 29 CONDOMINIUM ASSOC., INC.,
CASE NO.: 2017-008138-CA-01
Plaintiff,
VS.
ASPEN SPECIALTY INSURANCE COMPANY,
Defendant.
PLAINTIFF’S MOTION TO COMPEL DEPOSITION DATES AND FOR SANCTIONS
Plaintiff(s), Harbor 29 Condominium Assoc., Inc (hereinafter collectively known as
“Plaintiff’), by and through its undersigned counsel and pursuant to Fla. R. Civ. P. 1.310 and 1.380,
hereby files Plaintiffs Motion to Compel Deposition Dates and for Sanctions, and states as follows:
1. On or about 7/18/17, Plaintiff requested from Defense Counsel Deposition dates for
Desk Adjuster, Field Adjuster and Corporate Representative in accordance with Fla. R. Civ. P.
1.310(b)(1). See attached Exhibit “A.”
2. Plaintiff additionally requested the designation of Defendant’s Corporate
Representative and dates for its deposition in accordance with Fla. R. Civ. P. 1.310(b)(6). Plaintiff also
provided Defense Counsel with Proposed Areas of Inquiry in accordance with the tule. Id.
3. Plaintiff again requested said dates on or about 7/27/18, in accordance with Fla. R.
Civ. P. 1.310(b)(1). See attached Exhibit “B.”
4, For a third time, Plaintiff requested said dates on or about 8/1/17. See attached
Exhibit “C.”
5. As of the date of this filing Defendant has failed to provide Plaintiff with deposition
dates as tequited by the Florida Rules of Civil Procedure.
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18 Avenue : Suite 321 - North Miami Beach, Florida 33162 : 305-760-2314 - 305-760-2498 (fax)1057
6. Florida Rule of Civil Procedure 1.380 states: “A corporation or other entity fails to
make a designation under rule 1.310(b)(6) or 1.320(a)...the discovering party may move for an order
compelling an examination in accordance with the request.”
7. Furthermore, Rule 1.380(4) allows for attorney’s fees and costs in such a situation,
stating in pertinent part:
Award of Expenses of Motion. If the motion is granted and after
opportunity for hearing, the court shall require the party or
deponent whose conduct necessitated the motion or the patty or
counsel advising the conduct to pay to the moving party the
reasonable expenses incurred in obtaining the order that may
include attorneys’ fees, unless the coutt finds that the movant failed
to certify in the motion that a good faith effort was made to obtain
discovery without court action, that the opposition to the motion was
justified, or that other circumstance make an award of expenses unjust.
(emphasis added)
8. Plaintiff has been unduly prejudiced in preparing for trial as Defendant has shown that
it is not cooperating with Plaintiffs Deposition requests.
WHEREFORE, the Plaintiff requests that this Honorable Court enter an order requiring
Defendant to provide dates for the requested depositions, to be provided to Plaintiff within 10 days
of this order, award the Plaintiff its reasonable fees and costs for having to putsue this remedy, and
for any further relief in favor of Plaintiff the Court deems just and proper.
[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]
Page 2 of 3
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18 Avenue « Suite 321 » North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (Ea)1057
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY, that a true and correct copy of the foregoing was provided by e-mail to:
William S. Berk, Esq. of Berk, Merchant & Sims, PLC (Wberk@berklawfirm.com;
Mjoseph@berklawfirm.com; Sgetman@berklawfirm.com; Msoler-rodriguez@berklawfitm.com) this
August 8, 2017.
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18th Avenue, Suite 321
North Miami Beach, Florida 33162
Phone: (305) 760-2314
Fax (305) 760-2498
Direct email: Richard@losslitigators.com
Pleading email: service@losslitigators.com
By: _/s/ Richard Litofsky
Richard Litofsky, Esquire
Fla. Bar No: 822965
Page 3 of 3
LITIGATION & RECOVERY LAW CENTER, PL
16375 NE 18t Avenue - Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)Jonathan Moussavou EXH i B I T so A>
From: Jonathan Moussavou
Sent: Tuesday, July 18, 2017 11:29 AM
To: ‘wberk@berklawfirm.com'’; 'mjoseph@berklawfirm.com’; ‘Sgetman@berklawfirm.com'; |
‘msoler-rodriguez@berklawfirm.com’ |
Ce: LRLC Scheduling |
Subject: Harbor 29 Condominium Assoc., Inc. VS Aspen Specialty Insurance Company Case No.
2017-008138-CA-01 Clio No. 1057
Counsel,
We would like to schedule depositions of Field Adjuster, Desk Adjuster and the Corporate Representative of Aspen
Specialty Insurance Company. We would like to take the depositions in October. Please let us know if you will accept
service for any or all of the listed individuals. If you are not able to accept service, please provide us with their contact
information so that we can prepare the appropriate subpoenas.
As for your client’s Corporate Representative, the deposition will concern the specific areas of inquiry listed below.
Please let us know the identity of your client’s corporate representative and in what county the deposition will have to
be conducted. If you have any objections to these depositions or to any of the Areas of Inquiry listed below, please let us
know what the basis for your objections are.
Please get back to us within the next seven days so that we can coordinate these depositions.
AREAS OF INQUIRY FOR CORPORATE REPRESENTATIVE
1. The Defendant’s reasons and analysis in denying or underpaying the subject claim(s).
2. All correspondence between Defendant and Plaintiff or Plaintiffs’ representatives (including
public adjusters and attorneys) relating to the subject claim(s).
3. All actions taken by Defendant or its agents relating to the subject claim(s).
4. The source of the water discharge or overflow at issue in the subject claim(s).
5. The damage to Plaintiff's home relating to the subject claim(s).
6. The identity of the individuals who, on behalf of Defendant and relating to the subject claim(s),
took any actions, made any analyses, or took any responsibilities.
7. The identity of all individuals who visited the subject home on behalf of the Defendant, and the
observations taken at the subject home by those individuals. This Area of Inquiry is limited in scope to the
subject claim(s), except that any previous visits or observations to the subject home, regarding a different
claim or occurrence, which form a basis for Defendant’s coverage or payment decision on the subject claims,
are included in this Area of Inquiry. '8. The basis in the subject insurance policy for Defendant’s decision not to cover or pay the
entirety of, or any part of, the subject claim(s).
9. The meaning, effect and background of all documents produced by Defendant in response to
Plaintiff's First Request for Production.
10. The factual basis for each of Defendant’s denials to allegations in the subject complaint.
11. The factual basis for each of Defendant’s affirmative defenses in this action.
We look forward to hearing from you soon.
Thank you,
JONATHAN Moussavou LITIGATION & RECOVERY
LEGAL ASSISTANT LAW CENTER Pp 1.
ENTER, P.L.
¢ rw S. 1 |
fonatian @ossitigators.com 4 sossii ators om | 46375 NE 18" Avenue, Suite 321
POOASIS R. North Miami Beach, FL 33462
OFFICE: 305-760-2314
Fax: 305-760-2498
Service: service @lossiitigators.com
ScHEpuLING: scheduling @losstitigatars.com
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications
Privacy Act, 18 U.S.C. 2520-2521 and is privileged. The contents of this e-mail message and any
attachments are intended solely for the party or parties to whom this email is addressed. This
communication and all attachments are intended to be and to remain confidential, and may be subject to
applicable attorney - client and or work product privileges. If you are not the intended recipient of this
message, or if this message has been addressed to you in error, please immediately alert the sender by
reply e-mail and delete this message and its attachments.Jonathan Moussavou EXH i BIT “a
From: Jonathan Moussavou
Sent: Thursday, July 27, 2017 12:55 PM
To: wherk@berklawfirm.com; mjoseph@berklawfirm.com; Sgetman@berklawfirm.com;
msoler-rodriguez@berklawfirm.com
ce LRLC Scheduling; Richard Litofsky; Dustin Hite
Subject: RE: Harbor 29 Condominium Assoc,, Inc. VS Aspen Specialty Insurance Company Case
No. 2017-008138-CA-01 Clio No. 1057
Counsel,
As you are aware, we previously contacted you in an attempt to coordinate the depositions of your client’s Corporate
Representative, Field Adjuster and Desk Adjuster . A copy of that e-mail is below. To date, we have not yet received a
response from you regarding your or your client’s availability. Kindly respond to our request within the next two days so
that we can coordinate these depositions. If there is anything we can do to assist you in this regard, please let us know.
Thank you.
JONATHAN MoussAvou LITIGATION & RECOVERY
LEGAL ASSISTANT Law CENTER, P.L.
onathan@losslitigators.com 16375 NE 18" Avenue, Suite 321
305-760-2314 x.202
North Miami Beach, FL 33162
| Orrice: 305-760-2314
Fax: 305-760-2498
SERVICE: service @lossfitigators.com
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electranic Communications
Privacy Act, 18 U.S.C. 2510-2521 and is privileged. The contents of this e-mail message and any
attachments are intended solely for the party or parties to whom this email is addressed. This
communication and ail attachments are intended to be and to remain confidential, and may be subject to
applicable attorney - client and or work product privileges, If you are not the intended recipient of this
message, or if this message has been addressed to you in error, please immediately alert the sender by
reply e-mail and delete this message and its attachments.
From: Jonathan Moussavou
Sent: Tuesday, July 18, 2017 11:29AM
To: wbherk@berklawfirm.com; mjoseph@berklawfirm.com; Sgetman@berklawfirm.com; msoler-
rodriguez@berklawfirm.com
Ce: LRLC Scheduling
Subject: Harbor 29 Condominium Assoc., inc. VS Aspen Specialty insurance Company Case No. 2017-008138-CA-01 Clio
No. 1057
Counsel,
We would like to schedule depositions of Field Adjuster, Desk Adjuster and the Corporate Representative of Aspen
Specialty Insurance Company. We would like to take the depositions in October, Please let us know if you will accept
service for any or all of the listed individuals. if you are not able to accept service, please provide us with their contact
information so that we can prepare the appropriate subpoenas.
1As for your client’s Corporate Representative, the deposition will concern the specific areas of inquiry listed below.
Please let us know the identity of your client’s corporate representative and in what county the deposition will have to
be conducted. If you have any objections to these depositions or to any of the Areas of Inquiry listed below, please let us |
know what the basis for your objections are.
Please get back to us within the next seven days so that we can coordinate these depositions.
AREAS OF INQUIRY FOR CORPORATE REPRESENTATIVE
1. The Defendant’s reasons and analysis in denying or underpaying the subject claim(s).
2. All correspondence between Defendant and Plaintiff or Plaintiffs’ representatives (including
public adjusters and attorneys) relating to the subject claim(s).
3. All actions taken by Defendant or its agents relating to the subject claim(s).
4. The source of the water discharge or overflow at issue in the subject claim(s).
5. The damage to Plaintiff's home relating to the subject claim(s).
6. The identity of the individuals who, on behalf of Defendant and relating to the subject claim(s),
took any actions, made any analyses, or took any responsibilities.
7. The identity of all individuals who visited the subject home on behalf of the Defendant, and the
observations taken at the subject home by those individuals. This Area of Inquiry is limited in scope to the
subject claim(s), except that any previous visits or observations to the subject home, regarding a different
claim or occurrence, which form a basis.for Defendant’s coverage or payment decision on the subject claims,
are included in this Area of Inquiry.
8. The basis in the subject insurance policy for Defendant’s decision not to cover or pay the
entirety of, or any part of, the subject claim(s).
9. The meaning, effect and background of all documents produced by Defendant in response to
Plaintiff's First Request for Production.
10. The factual basis for each of Defendant’s denials to allegations in the subject complaint.
11. The factual basis for each of Defendant’s affirmative defenses in this action.
We look forward to hearing from you soon.
Thank you, :JONATHAN Moussavou LITIGATION & RECOVERY
LEGAL ASSISTANT LAW CENTER, P.L.
jonathan @losslitigators.com
| 16375 NE 18" Avenue, Suite 321
305-780-2314 x.202 | North Miami Beach, FL 33162
Orrice: 305-760-2314
Fax: 305-760-2498
@losslitigators.com
PRIVILEGE ANO CONFIDENTIALITY NOTICE: This e-reail is covered by the Electronic Communications
Privacy Act, 18 U.S.C. 2510-2521 and is privileged. The contents of this e-mail rnessage and any
attachments are intended solely for the party or parties to whom this email is addressed. This
communication and all attachments are intended to be and to remain confidential, and may be subject to
applicable attorney - client and or work product privileges. If you are not the intended recipient of this
message, or if this message has been addressed to you in error, please immediately alert the sender by
reply e-mail and delete this message and its attachments.Jonathan Moussavou . EXH l Bl T a Oa
From: Jonathan Moussavou
Sent: Tuesday, August 1, 2017 3:06 PM
To: wherk@berklawfirm,com; mjoseph@berklawfirm.com; Sgetrnan@berklawfirm.com;
msoler-rodriguez@berklawfirm.com
Ce: LRLC Scheduling; Richard Litofsky; Dustin Hite
Subject: RE: Harbor 29 Condominium Assoc, Inc. VS Aspen Specialty Insurance Company Case
No. 2017-008138-CA-01 Clio No. 1057
Counsel,
As you are aware, we previously contacted you on multiple occasions in an attempt to coordinate the depositions of
your client’s Corporate Representative, Field Adjuster and Desk Adjuster. A copy of our correspondence to you can be
found below. Please provide us with dates and contact information within the next two days so that we can schedule
these depositions. If we do not hear back from you within the next two days we will have no choice but to file a motion
to compel.
Thank you for your time and anticipated cooperation.
JONATHAN MoussAvou | LITIGATION & RECOVERY
i
LEGAL ASSISTANT | LAW CENTER, P.L.
onathan@lossiitigators.com 16275 NE 18 Avenue, Suite 321
305-760-2314 x.202 North Miami Beach, FL 33162
‘Orrice: 305-760-2214
Fax: 305-760-2498
Service: service @losslitigators.com
Scuepuune: scheduling @losslitigators.com
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications
Privacy Act, 18 U.S.C. 2510-2521 and is privileged. The contents of this e-mail message and any
attachments are intended solely for the party or parties to whom this email is addressed. This
communication and all attachments are Intended to be and to remain confidential, and may be subject to
applicable attorney - client and or work product privileges. if you are not the intended recipient of this
message, or if this message has been addressed to you in error, please immediately alert the sender by
reply e-mail and delete this message and its attachments.
From: Jonathan Moussavou
Sent: Thursday, July 27, 2017 12:55 PM
To: wherk@berklawfirm.com; mjoseph@berklawfirm.com; Sgetman@berklawfirm.com; msoler-
rodriguez@berklawfirm.com
Ce: LRLC Scheduling ; Richard Litofsky ; Dustin Hite
Subject: RE: Harbor 29 Condominium Assoc., inc. VS Aspen Specialty Insurance Company Case No. 2017-008138-CA-01
Clio No, 1057
Counsel,As you are aware, we previously contacted you in an attempt to coordinate the depositions of your client’s Corporate
Representative, Field Adjuster and Desk Adjuster . A copy of that e-mail is below. To date, we have not yet received a
response from you regarding your or your client’s availability. Kindly respond to our request within the next two days so
that we can coordinate these depositions. If there is anything we can do to assist you in this regard, please let us know.
Thank you.
JONATHAN MoussAvou LITIGATION & RECOVERY
LEGAL ASSISTANT LAW CENTER, PLL.
= 16375 NE 18" Avenue, Suite 321
| North Miami Seach, FL 33162
| Oprice: 305-760-2314
Fax: 305-760-2498
Seavice: service @iosslitigators.carm
ScHepuuns: scheduling @losslitigators.com
305-760-2314 x.202
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications
Privacy Act, 18 U.S.C, 2510-2521 and is privileged. The contents of this e-mail message and any
attachments are intended solely for the party or parties to whom this emall is addressed, This
communication and all attachments are intended to be and to remain confidential, and may be subject to
applicable attorney - client and or work product privileges. if you are not the intended recipient of this
message, or if this message has been addressed to you in error, please immediately alert the sender by
reply e-mail and delete this message and its attachments.
From: Jonathan Moussavou
Sent: Tuesday, July 18, 2017 11:29 AM
To: wherk@berklawfirm.cam; mioseph@berklawfirm.com; Spetman@berklawfirm.cam:; msoler-
rodrig: berklawfirm.corm
Cc: LRLC Scheduling
Subject: Harbor 29 Condominium Assoc., Inc. VS Aspen Specialty Insurance Company Case No. 2017-008138-CA-01 Clio
No. 1057
Counsel,
We would like to schedule depositions of Field Adjuster, Desk Adjuster and the Corporate Representative of Aspen
Specialty insurance Company. We would like to take the depositions in October. Please let us know if you will accept
service for any or all of the listed individuals. If you are not able to accept service, please provide us with their contact
information so that we can prepare the appropriate subpoenas.
As for your client’s Corporate Representative, the deposition will concern the specific areas of inquiry listed below.
Please let us know the identity of your client’s corporate representative and in what county the deposition will have to
be conducted. If you have any objections to these depositions or to any of the Areas of Inquiry listed below, please let us
know what the basis for your objections are.
Please get back to us within the next seven days so that we can coordinate these depositions.
AREAS OF INQUIRY FOR CORPORATE REPRESENTATIVE
1. The Defendant’s reasons and analysis in denying or underpaying the subject claim(s).
2. All correspondence between Defendant and Plaintiff or Plaintiffs’ representatives (including
public adjusters and attorneys) relating to the subject claim(s).
2All actions taken by Defendant or its agents relating to the subject claim(s).
wo
4. The source of the water discharge or overflow at issue in the subject claim(s).
5. The damage to Plaintiff's home relating to the subject claim(s).
6. The identity of the individuals who, on behalf of Defendant and relating to the subject claim(s),
took any actions, made any analyses, or took any responsibilities.
7. The identity of all individuals who visited the subject home on behalf of the Defendant, and the
observations taken at the subject home by those individuals. This Area of Inquiry is limited in scope to the
subject claim(s), except that any previous visits or observations to the subject home, regarding a different
claim or occurrence, which form a basis for Defendant’s coverage or payment decision on the subject claims,
are included in this Area of Inquiry.
8. The basis in the subject insurance policy for Defendant’s decision not to cover or pay the
entirety of, or any part of, the subject claim(s).
9 The meaning, effect and background of all documents produced by Defendant in response to
Plaintiff's First Request for Production.
10. The factual basis for each of Defendant’s denials to allegations in the subject complaint.
11. The factual basis for each of Defendant’s affirmative defenses in this action.
We look forward to hearing from you soon.
Thank you,
JONATHAN Moussavou LITIGATION & RECOVERY
LEGAL ASSISTANT
Law CENTER, P.L.
jonathan @losslitigators.com 16375 NE 18 Avenue, Suite 322
BOS-7oQ-23 14 e202 North Miami Beach, FL 33162
Grice: 305-760-2314
Fax: 305-760-2498
Seavice: service @losslitigatars.com
Schepuuins: scheduling @losslitigators.com
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications
Privacy Act, 18 U.S.C. 2510-2521 and is privileged. The contents of this e-mail message and any
attachments are intended solely for the party or parties to whom this email is addressed. This
communication and all attachments are intended to be and to remain confidential, and may be subject to
3applicable attorney - client and or work product privileges. If you are not the intended recipient of this
message, or if this message has been addressed to you in error, please immediately alert the sender by
reply e-mail and delete this message and its attachments.
Preview
Filing # 60088267 E-Filed 08/08/2017 10:04:05 AM 1087 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA HARBOR 29 CONDOMINIUM ASSOC., INC., CASE NO.: 2017-008138-CA-01 Plaintiff, VS. ASPEN SPECIALTY INSURANCE COMPANY, Defendant. PLAINTIFF’S MOTION TO COMPEL DEPOSITION DATES AND FOR SANCTIONS Plaintiff(s), Harbor 29 Condominium Assoc., Inc (hereinafter collectively known as “Plaintiff’), by and through its undersigned counsel and pursuant to Fla. R. Civ. P. 1.310 and 1.380, hereby files Plaintiffs Motion to Compel Deposition Dates and for Sanctions, and states as follows: 1. On or about 7/18/17, Plaintiff requested from Defense Counsel Deposition dates for Desk Adjuster, Field Adjuster and Corporate Representative in accordance with Fla. R. Civ. P. 1.310(b)(1). See attached Exhibit “A.” 2. Plaintiff additionally requested the designation of Defendant’s Corporate Representative and dates for its deposition in accordance with Fla. R. Civ. P. 1.310(b)(6). Plaintiff also provided Defense Counsel with Proposed Areas of Inquiry in accordance with the tule. Id. 3. Plaintiff again requested said dates on or about 7/27/18, in accordance with Fla. R. Civ. P. 1.310(b)(1). See attached Exhibit “B.” 4, For a third time, Plaintiff requested said dates on or about 8/1/17. See attached Exhibit “C.” 5. As of the date of this filing Defendant has failed to provide Plaintiff with deposition dates as tequited by the Florida Rules of Civil Procedure. LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18 Avenue : Suite 321 - North Miami Beach, Florida 33162 : 305-760-2314 - 305-760-2498 (fax)1057 6. Florida Rule of Civil Procedure 1.380 states: “A corporation or other entity fails to make a designation under rule 1.310(b)(6) or 1.320(a)...the discovering party may move for an order compelling an examination in accordance with the request.” 7. Furthermore, Rule 1.380(4) allows for attorney’s fees and costs in such a situation, stating in pertinent part: Award of Expenses of Motion. If the motion is granted and after opportunity for hearing, the court shall require the party or deponent whose conduct necessitated the motion or the patty or counsel advising the conduct to pay to the moving party the reasonable expenses incurred in obtaining the order that may include attorneys’ fees, unless the coutt finds that the movant failed to certify in the motion that a good faith effort was made to obtain discovery without court action, that the opposition to the motion was justified, or that other circumstance make an award of expenses unjust. (emphasis added) 8. Plaintiff has been unduly prejudiced in preparing for trial as Defendant has shown that it is not cooperating with Plaintiffs Deposition requests. WHEREFORE, the Plaintiff requests that this Honorable Court enter an order requiring Defendant to provide dates for the requested depositions, to be provided to Plaintiff within 10 days of this order, award the Plaintiff its reasonable fees and costs for having to putsue this remedy, and for any further relief in favor of Plaintiff the Court deems just and proper. [CERTIFICATE OF SERVICE ON FOLLOWING PAGE] Page 2 of 3 LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18 Avenue « Suite 321 » North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (Ea)1057 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY, that a true and correct copy of the foregoing was provided by e-mail to: William S. Berk, Esq. of Berk, Merchant & Sims, PLC (Wberk@berklawfirm.com; Mjoseph@berklawfirm.com; Sgetman@berklawfirm.com; Msoler-rodriguez@berklawfitm.com) this August 8, 2017. LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18th Avenue, Suite 321 North Miami Beach, Florida 33162 Phone: (305) 760-2314 Fax (305) 760-2498 Direct email: Richard@losslitigators.com Pleading email: service@losslitigators.com By: _/s/ Richard Litofsky Richard Litofsky, Esquire Fla. Bar No: 822965 Page 3 of 3 LITIGATION & RECOVERY LAW CENTER, PL 16375 NE 18t Avenue - Suite 321 - North Miami Beach, Florida 33162 - 305-760-2314 - 305-760-2498 (fax)Jonathan Moussavou EXH i B I T so A> From: Jonathan Moussavou Sent: Tuesday, July 18, 2017 11:29 AM To: ‘wberk@berklawfirm.com'’; 'mjoseph@berklawfirm.com’; ‘Sgetman@berklawfirm.com'; | ‘msoler-rodriguez@berklawfirm.com’ | Ce: LRLC Scheduling | Subject: Harbor 29 Condominium Assoc., Inc. VS Aspen Specialty Insurance Company Case No. 2017-008138-CA-01 Clio No. 1057 Counsel, We would like to schedule depositions of Field Adjuster, Desk Adjuster and the Corporate Representative of Aspen Specialty Insurance Company. We would like to take the depositions in October. Please let us know if you will accept service for any or all of the listed individuals. If you are not able to accept service, please provide us with their contact information so that we can prepare the appropriate subpoenas. As for your client’s Corporate Representative, the deposition will concern the specific areas of inquiry listed below. Please let us know the identity of your client’s corporate representative and in what county the deposition will have to be conducted. If you have any objections to these depositions or to any of the Areas of Inquiry listed below, please let us know what the basis for your objections are. Please get back to us within the next seven days so that we can coordinate these depositions. AREAS OF INQUIRY FOR CORPORATE REPRESENTATIVE 1. The Defendant’s reasons and analysis in denying or underpaying the subject claim(s). 2. All correspondence between Defendant and Plaintiff or Plaintiffs’ representatives (including public adjusters and attorneys) relating to the subject claim(s). 3. All actions taken by Defendant or its agents relating to the subject claim(s). 4. The source of the water discharge or overflow at issue in the subject claim(s). 5. The damage to Plaintiff's home relating to the subject claim(s). 6. The identity of the individuals who, on behalf of Defendant and relating to the subject claim(s), took any actions, made any analyses, or took any responsibilities. 7. The identity of all individuals who visited the subject home on behalf of the Defendant, and the observations taken at the subject home by those individuals. This Area of Inquiry is limited in scope to the subject claim(s), except that any previous visits or observations to the subject home, regarding a different claim or occurrence, which form a basis for Defendant’s coverage or payment decision on the subject claims, are included in this Area of Inquiry. '8. The basis in the subject insurance policy for Defendant’s decision not to cover or pay the entirety of, or any part of, the subject claim(s). 9. The meaning, effect and background of all documents produced by Defendant in response to Plaintiff's First Request for Production. 10. The factual basis for each of Defendant’s denials to allegations in the subject complaint. 11. The factual basis for each of Defendant’s affirmative defenses in this action. We look forward to hearing from you soon. Thank you, JONATHAN Moussavou LITIGATION & RECOVERY LEGAL ASSISTANT LAW CENTER Pp 1. ENTER, P.L. ¢ rw S. 1 | fonatian @ossitigators.com 4 sossii ators om | 46375 NE 18" Avenue, Suite 321 POOASIS R. North Miami Beach, FL 33462 OFFICE: 305-760-2314 Fax: 305-760-2498 Service: service @lossiitigators.com ScHEpuLING: scheduling @losstitigatars.com PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2520-2521 and is privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties to whom this email is addressed. This communication and all attachments are intended to be and to remain confidential, and may be subject to applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and delete this message and its attachments.Jonathan Moussavou EXH i BIT “a From: Jonathan Moussavou Sent: Thursday, July 27, 2017 12:55 PM To: wherk@berklawfirm.com; mjoseph@berklawfirm.com; Sgetman@berklawfirm.com; msoler-rodriguez@berklawfirm.com ce LRLC Scheduling; Richard Litofsky; Dustin Hite Subject: RE: Harbor 29 Condominium Assoc,, Inc. VS Aspen Specialty Insurance Company Case No. 2017-008138-CA-01 Clio No. 1057 Counsel, As you are aware, we previously contacted you in an attempt to coordinate the depositions of your client’s Corporate Representative, Field Adjuster and Desk Adjuster . A copy of that e-mail is below. To date, we have not yet received a response from you regarding your or your client’s availability. Kindly respond to our request within the next two days so that we can coordinate these depositions. If there is anything we can do to assist you in this regard, please let us know. Thank you. JONATHAN MoussAvou LITIGATION & RECOVERY LEGAL ASSISTANT Law CENTER, P.L. onathan@losslitigators.com 16375 NE 18" Avenue, Suite 321 305-760-2314 x.202 North Miami Beach, FL 33162 | Orrice: 305-760-2314 Fax: 305-760-2498 SERVICE: service @lossfitigators.com PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electranic Communications Privacy Act, 18 U.S.C. 2510-2521 and is privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties to whom this email is addressed. This communication and ail attachments are intended to be and to remain confidential, and may be subject to applicable attorney - client and or work product privileges, If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and delete this message and its attachments. From: Jonathan Moussavou Sent: Tuesday, July 18, 2017 11:29AM To: wbherk@berklawfirm.com; mjoseph@berklawfirm.com; Sgetman@berklawfirm.com; msoler- rodriguez@berklawfirm.com Ce: LRLC Scheduling Subject: Harbor 29 Condominium Assoc., inc. VS Aspen Specialty insurance Company Case No. 2017-008138-CA-01 Clio No. 1057 Counsel, We would like to schedule depositions of Field Adjuster, Desk Adjuster and the Corporate Representative of Aspen Specialty Insurance Company. We would like to take the depositions in October, Please let us know if you will accept service for any or all of the listed individuals. if you are not able to accept service, please provide us with their contact information so that we can prepare the appropriate subpoenas. 1As for your client’s Corporate Representative, the deposition will concern the specific areas of inquiry listed below. Please let us know the identity of your client’s corporate representative and in what county the deposition will have to be conducted. If you have any objections to these depositions or to any of the Areas of Inquiry listed below, please let us | know what the basis for your objections are. Please get back to us within the next seven days so that we can coordinate these depositions. AREAS OF INQUIRY FOR CORPORATE REPRESENTATIVE 1. The Defendant’s reasons and analysis in denying or underpaying the subject claim(s). 2. All correspondence between Defendant and Plaintiff or Plaintiffs’ representatives (including public adjusters and attorneys) relating to the subject claim(s). 3. All actions taken by Defendant or its agents relating to the subject claim(s). 4. The source of the water discharge or overflow at issue in the subject claim(s). 5. The damage to Plaintiff's home relating to the subject claim(s). 6. The identity of the individuals who, on behalf of Defendant and relating to the subject claim(s), took any actions, made any analyses, or took any responsibilities. 7. The identity of all individuals who visited the subject home on behalf of the Defendant, and the observations taken at the subject home by those individuals. This Area of Inquiry is limited in scope to the subject claim(s), except that any previous visits or observations to the subject home, regarding a different claim or occurrence, which form a basis.for Defendant’s coverage or payment decision on the subject claims, are included in this Area of Inquiry. 8. The basis in the subject insurance policy for Defendant’s decision not to cover or pay the entirety of, or any part of, the subject claim(s). 9. The meaning, effect and background of all documents produced by Defendant in response to Plaintiff's First Request for Production. 10. The factual basis for each of Defendant’s denials to allegations in the subject complaint. 11. The factual basis for each of Defendant’s affirmative defenses in this action. We look forward to hearing from you soon. Thank you, :JONATHAN Moussavou LITIGATION & RECOVERY LEGAL ASSISTANT LAW CENTER, P.L. jonathan @losslitigators.com | 16375 NE 18" Avenue, Suite 321 305-780-2314 x.202 | North Miami Beach, FL 33162 Orrice: 305-760-2314 Fax: 305-760-2498 @losslitigators.com PRIVILEGE ANO CONFIDENTIALITY NOTICE: This e-reail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is privileged. The contents of this e-mail rnessage and any attachments are intended solely for the party or parties to whom this email is addressed. This communication and all attachments are intended to be and to remain confidential, and may be subject to applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and delete this message and its attachments.Jonathan Moussavou . EXH l Bl T a Oa From: Jonathan Moussavou Sent: Tuesday, August 1, 2017 3:06 PM To: wherk@berklawfirm,com; mjoseph@berklawfirm.com; Sgetrnan@berklawfirm.com; msoler-rodriguez@berklawfirm.com Ce: LRLC Scheduling; Richard Litofsky; Dustin Hite Subject: RE: Harbor 29 Condominium Assoc, Inc. VS Aspen Specialty Insurance Company Case No. 2017-008138-CA-01 Clio No. 1057 Counsel, As you are aware, we previously contacted you on multiple occasions in an attempt to coordinate the depositions of your client’s Corporate Representative, Field Adjuster and Desk Adjuster. A copy of our correspondence to you can be found below. Please provide us with dates and contact information within the next two days so that we can schedule these depositions. If we do not hear back from you within the next two days we will have no choice but to file a motion to compel. Thank you for your time and anticipated cooperation. JONATHAN MoussAvou | LITIGATION & RECOVERY i LEGAL ASSISTANT | LAW CENTER, P.L. onathan@lossiitigators.com 16275 NE 18 Avenue, Suite 321 305-760-2314 x.202 North Miami Beach, FL 33162 ‘Orrice: 305-760-2214 Fax: 305-760-2498 Service: service @losslitigators.com Scuepuune: scheduling @losslitigators.com PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties to whom this email is addressed. This communication and all attachments are Intended to be and to remain confidential, and may be subject to applicable attorney - client and or work product privileges. if you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and delete this message and its attachments. From: Jonathan Moussavou Sent: Thursday, July 27, 2017 12:55 PM To: wherk@berklawfirm.com; mjoseph@berklawfirm.com; Sgetman@berklawfirm.com; msoler- rodriguez@berklawfirm.com Ce: LRLC Scheduling ; Richard Litofsky ; Dustin Hite Subject: RE: Harbor 29 Condominium Assoc., inc. VS Aspen Specialty Insurance Company Case No. 2017-008138-CA-01 Clio No, 1057 Counsel,As you are aware, we previously contacted you in an attempt to coordinate the depositions of your client’s Corporate Representative, Field Adjuster and Desk Adjuster . A copy of that e-mail is below. To date, we have not yet received a response from you regarding your or your client’s availability. Kindly respond to our request within the next two days so that we can coordinate these depositions. If there is anything we can do to assist you in this regard, please let us know. Thank you. JONATHAN MoussAvou LITIGATION & RECOVERY LEGAL ASSISTANT LAW CENTER, PLL. = 16375 NE 18" Avenue, Suite 321 | North Miami Seach, FL 33162 | Oprice: 305-760-2314 Fax: 305-760-2498 Seavice: service @iosslitigators.carm ScHepuuns: scheduling @losslitigators.com 305-760-2314 x.202 PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C, 2510-2521 and is privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties to whom this emall is addressed, This communication and all attachments are intended to be and to remain confidential, and may be subject to applicable attorney - client and or work product privileges. if you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and delete this message and its attachments. From: Jonathan Moussavou Sent: Tuesday, July 18, 2017 11:29 AM To: wherk@berklawfirm.cam; mioseph@berklawfirm.com; Spetman@berklawfirm.cam:; msoler- rodrig: berklawfirm.corm Cc: LRLC Scheduling Subject: Harbor 29 Condominium Assoc., Inc. VS Aspen Specialty Insurance Company Case No. 2017-008138-CA-01 Clio No. 1057 Counsel, We would like to schedule depositions of Field Adjuster, Desk Adjuster and the Corporate Representative of Aspen Specialty insurance Company. We would like to take the depositions in October. Please let us know if you will accept service for any or all of the listed individuals. If you are not able to accept service, please provide us with their contact information so that we can prepare the appropriate subpoenas. As for your client’s Corporate Representative, the deposition will concern the specific areas of inquiry listed below. Please let us know the identity of your client’s corporate representative and in what county the deposition will have to be conducted. If you have any objections to these depositions or to any of the Areas of Inquiry listed below, please let us know what the basis for your objections are. Please get back to us within the next seven days so that we can coordinate these depositions. AREAS OF INQUIRY FOR CORPORATE REPRESENTATIVE 1. The Defendant’s reasons and analysis in denying or underpaying the subject claim(s). 2. All correspondence between Defendant and Plaintiff or Plaintiffs’ representatives (including public adjusters and attorneys) relating to the subject claim(s). 2All actions taken by Defendant or its agents relating to the subject claim(s). wo 4. The source of the water discharge or overflow at issue in the subject claim(s). 5. The damage to Plaintiff's home relating to the subject claim(s). 6. The identity of the individuals who, on behalf of Defendant and relating to the subject claim(s), took any actions, made any analyses, or took any responsibilities. 7. The identity of all individuals who visited the subject home on behalf of the Defendant, and the observations taken at the subject home by those individuals. This Area of Inquiry is limited in scope to the subject claim(s), except that any previous visits or observations to the subject home, regarding a different claim or occurrence, which form a basis for Defendant’s coverage or payment decision on the subject claims, are included in this Area of Inquiry. 8. The basis in the subject insurance policy for Defendant’s decision not to cover or pay the entirety of, or any part of, the subject claim(s). 9 The meaning, effect and background of all documents produced by Defendant in response to Plaintiff's First Request for Production. 10. The factual basis for each of Defendant’s denials to allegations in the subject complaint. 11. The factual basis for each of Defendant’s affirmative defenses in this action. We look forward to hearing from you soon. Thank you, JONATHAN Moussavou LITIGATION & RECOVERY LEGAL ASSISTANT Law CENTER, P.L. jonathan @losslitigators.com 16375 NE 18 Avenue, Suite 322 BOS-7oQ-23 14 e202 North Miami Beach, FL 33162 Grice: 305-760-2314 Fax: 305-760-2498 Seavice: service @losslitigatars.com Schepuuins: scheduling @losslitigators.com PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties to whom this email is addressed. This communication and all attachments are intended to be and to remain confidential, and may be subject to 3applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and delete this message and its attachments.