Preview
Filing # 40600210 E-Filed 04/22/2016 10:53:29 AM
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
GENERAL JURISDICATION DIVISION
CASE NO.: 16-000016 CA 24
ROSA RODRIGUEZ,
Plaintiff,
Vv.
THE TJX COMPANIES, INC.,
Defendant.
/
DEFENDANT, THE TJX COMPANIES, INC.’S FIRST
REQUEST FOR PRODUCTION TO PLAINTIFF
COMES NOW Defendant, THE TJX COMPANIES, INC. (hereinafter “Defendant
or TJX”), by and through its undersigned counsel, and hereby requests the Plaintiff, to
produce for inspection and/or copying, at the offices of the undersigned attorney, within
thirty (30) days, in accordance with the Florida Rules of Civil Procedure, Rule 1.350, the
following:
1. All statements, written or recorded, taken from the parties or any witnesses,
pertaining to the accident in question.
2. All graphs, videos, charts, news clippings, and other documenting evidence
relating to the incident in question.
3. All documents that you relied upon in answering the interrogatories served on
you in this action.
4. If you are making a wage claim, the retained copies or other suitable copies of
the Plaintiffs United States Income Tax Returns for the following years: 2010,
2011, 2012, 2013, 2014, and 2015.
COLE, SCOTT & KISSANE, P.A.
DADELAND CENTRE II -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 23256 - (305) 350-5300 - (305) 373-2294 FAXCase No. 16-000016 CA 24
5. Proof of all earned income and proof of all non-earned income for any year that a
Federal Income Tax Return has not been filed.
6. All bills or statements for medical treatment, medications or other related items,
the cost of which is claimed to have been incurred by the Plaintiff as a result of
the injuries allegedly sustained in this case.
7. Copies of all medical bills, nursing bills, drug bills, and any and all other bills
relating to the Plaintiff and the claims for damages resulting from the incident
alleged in the Plaintiffs Complaint, together with all existing medical, dental,
hospital records and reports of the Plaintiff's condition, if any, claimed to be
related to the incident which is the subject matter of this cause of action.
8. All documents supporting the claim for money damages in this lawsuit and not
produced in response to the preceding paragraphs.
9. Any and all records of hospitals in which the Plaintiff has been a patient or
received treatment allegedly as a result of the accident here involved; or, in the
alternative, written authorization to obtain same.
10.Copies of all medical reports received by Plaintiff, Plaintiffs attorneys,
investigators, agents, servants, or employees, from any doctors, physicians, or
anyone else who has rendered treatment to the Plaintiff for injuries allegedly
incurred as a result of the accident which is the subject matter of this lawsuit.
11.Copies of all medical reports received by Plaintiff, Plaintiff's attorneys,
investigators, agents, servants or employees, from any doctor, physician, or
member of the healing arts who has examined Plaintiff's physical or mental
condition subsequent to the accident which is the subject matter of this lawsuit,
and who may be called as a witness on behalf of the Plaintiff at the trial of this
cause.
12. Any and all records of hospitals, physicians, chiropractors, psychiatrists,
psychologists, etc. in which the Plaintiff has been a patient or received treatment
prior to the incident as alleged in the Complaint; or, in the alternative, written
authorization to obtain same.
-2-
COLE, SCOTT & KISSANE, P.A.
DADELAND CENTRE II -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 23256 - (305) 350-5300 - (305) 373-2294 FAXCase No. 16-000016 CA 24
13. Any and all photographs taken by the Plaintiff, Plaintiff's attorneys, investigators,
agents, servants, or employees, after the incident referred to in the complaint,
which are in any manner related to the subject matter of this lawsuit.
14. Any and all photographs and/or videos in the possession, custody or control of
the Plaintiff and/or Plaintiff's agents, servants or attorneys relative to the subject
matter of this lawsuit.
15.All written statements by the Defendant concerning this action or its subject
matter or a_ stenographic, mechanical, electrical, or other recording or
transcription of a statement that is a substantial verbatim recital of an oral
statement.
16.All statements of the Defendant, including, but not limited to, statements taken
from agents, servants and/or employees of the Defendant in this lawsuit.
17.Copies of all your credit card statements from 03/17/2015 to the present time
evidencing personal expenditures, payments for medical expenses, or any and
all other out of pocket expenses you are claiming as a result of the incident
described in your complaint, and entertainment activities engaged in during that
time period, which would reflect their activities, including, but not limited to, any
trips taken, be it local or abroad, lodging, any tickets purchased for sporting
events, movie shows, theater shows, concerts, dining, take out dining,
automobile and/or boating gasoline purchases or expenditures.
18. Copies of any and all documents evidencing payments from any collateral source
or med pay coverage paid on your behalf for medical expenses.
19. Copies of any and all documents evidencing payments from any collateral source
paid on your behalf for lost income.
20. Copies of any and all documents reflecting the notices required under §768.76(6)
or statements asserting a right of subrogation or reimbursement pursuant to
§768.76(7).
21.As to each type of insurance in force in favor of the Plaintiff, including, but not
limited to, life insurance, medical insurance, hospitalization insurance, Medicare,
Medicaid, disability insurance, medical payments insurance, personal injury
protection insurance, health insurance and accident insurance:
COLE, SCOTT & KISSANE, P.A.
DADELAND CENTRE II -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 23256 - (305) 350-5300 - (305) 373-2294 FAXCase No. 16-000016 CA 24
a) A copy of each such contract or policy;
b) The Identification Card of each such contract or policy;
c) The Declarations Sheet of each such contract or policy;
d) Each and every application for benefits made by the Plaintiffs under
any of the policies, whether pertaining to the incident which is the
subject matter of this litigation or not; and
e) All records of payments, checks, check stubs, memos and
correspondence relating to payments made under any of the
policies referred to above.
22.Letter authorizing the Social Security Administration as a collateral source to
provide complete information and disclosure of any all claims, disabilities or
payments received by the plaintiff. Such letter should specify that the Social
Security Administration is to release all documents protected under 5 U.S.C. §
552 (a); 42 U.S.C. § 1306 (a) and 20 F.R. § 401.300.
23. All expert reports from any experts who will testify at trial. Including:
a. Copies of any and all reports prepared by any expert you anticipate calling
at the time of trial; and
b. Copies of the most recent and updated CV and/or resume of any expert
you anticipate calling at the time of trial.
24. All incident reports filed by Plaintiff for any purpose, including, but not limited to,
reports to the subject TJX store, the plaintiff's employer, an insurance company,
or any other reports regarding the incident that were filled out by the Plaintiff or
on behalf of the Plaintiff.
25.Any documents, photographs, correspondence, etc. which allegedly prove a prior
or subsequent similar incident at the location where the subject incident
occurred.
-4-
COLE, SCOTT & KISSANE, P.A.
DADELAND CENTRE II -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 23256 - (305) 350-5300 - (305) 373-2294 FAXCase No. 16-000016 CA 24
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY on this 22"! day of April, 2016, that a true and correct
copy of the foregoing has been furnished by electronic mail (email) at designation
litigationattorney2@imflawyers.com; litigationsec2@jmflawyers.com, Monica M. Medina,
Esq., at Jose M. Francisco, P.A. (Counsel for Plaintiff), and we have electronically filed
the foregoing with the Clerk of Miami-Dade County by using the Florida Courts e-Filing
Portal.
COLE, SCOTT & KISSANE, P.A.
Attorneys for Defendant
Cole Scott & Kissane Building
9150 South Dadeland Blvd., Suite 1400
P.O. Box 569015
Miami, FL 33156
Telephone: (786) 268-6737
Facsimile: (305) 373-2294
Primary email: Ben.Esco@csklegal.com
Secondary email: Lourdes.Gonzalez@csklegal.com
Primary email: Elisabeth. Espinosa@cskleqgal. com
Secondary email: Julie. Carrion@csklegal.com
of Clisabeth M. Espinosa
Benjamin M. Esco
Florida Bar Number 722448
Elisabeth M. Espinosa
Florida Bar Number 038524
1:\0511-0010-00\discovery\request for production\request 002 - request for production to the plaintiff rodriguez.docx
COLE, SCOTT & KISSANE, P.A.
DADELAND CENTRE II -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 23256 - (305) 350-5300 - (305) 373-2294 FAX
Preview
Filing # 40600210 E-Filed 04/22/2016 10:53:29 AM IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA GENERAL JURISDICATION DIVISION CASE NO.: 16-000016 CA 24 ROSA RODRIGUEZ, Plaintiff, Vv. THE TJX COMPANIES, INC., Defendant. / DEFENDANT, THE TJX COMPANIES, INC.’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF COMES NOW Defendant, THE TJX COMPANIES, INC. (hereinafter “Defendant or TJX”), by and through its undersigned counsel, and hereby requests the Plaintiff, to produce for inspection and/or copying, at the offices of the undersigned attorney, within thirty (30) days, in accordance with the Florida Rules of Civil Procedure, Rule 1.350, the following: 1. All statements, written or recorded, taken from the parties or any witnesses, pertaining to the accident in question. 2. All graphs, videos, charts, news clippings, and other documenting evidence relating to the incident in question. 3. All documents that you relied upon in answering the interrogatories served on you in this action. 4. If you are making a wage claim, the retained copies or other suitable copies of the Plaintiffs United States Income Tax Returns for the following years: 2010, 2011, 2012, 2013, 2014, and 2015. COLE, SCOTT & KISSANE, P.A. DADELAND CENTRE II -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 23256 - (305) 350-5300 - (305) 373-2294 FAXCase No. 16-000016 CA 24 5. Proof of all earned income and proof of all non-earned income for any year that a Federal Income Tax Return has not been filed. 6. All bills or statements for medical treatment, medications or other related items, the cost of which is claimed to have been incurred by the Plaintiff as a result of the injuries allegedly sustained in this case. 7. Copies of all medical bills, nursing bills, drug bills, and any and all other bills relating to the Plaintiff and the claims for damages resulting from the incident alleged in the Plaintiffs Complaint, together with all existing medical, dental, hospital records and reports of the Plaintiff's condition, if any, claimed to be related to the incident which is the subject matter of this cause of action. 8. All documents supporting the claim for money damages in this lawsuit and not produced in response to the preceding paragraphs. 9. Any and all records of hospitals in which the Plaintiff has been a patient or received treatment allegedly as a result of the accident here involved; or, in the alternative, written authorization to obtain same. 10.Copies of all medical reports received by Plaintiff, Plaintiffs attorneys, investigators, agents, servants, or employees, from any doctors, physicians, or anyone else who has rendered treatment to the Plaintiff for injuries allegedly incurred as a result of the accident which is the subject matter of this lawsuit. 11.Copies of all medical reports received by Plaintiff, Plaintiff's attorneys, investigators, agents, servants or employees, from any doctor, physician, or member of the healing arts who has examined Plaintiff's physical or mental condition subsequent to the accident which is the subject matter of this lawsuit, and who may be called as a witness on behalf of the Plaintiff at the trial of this cause. 12. Any and all records of hospitals, physicians, chiropractors, psychiatrists, psychologists, etc. in which the Plaintiff has been a patient or received treatment prior to the incident as alleged in the Complaint; or, in the alternative, written authorization to obtain same. -2- COLE, SCOTT & KISSANE, P.A. DADELAND CENTRE II -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 23256 - (305) 350-5300 - (305) 373-2294 FAXCase No. 16-000016 CA 24 13. Any and all photographs taken by the Plaintiff, Plaintiff's attorneys, investigators, agents, servants, or employees, after the incident referred to in the complaint, which are in any manner related to the subject matter of this lawsuit. 14. Any and all photographs and/or videos in the possession, custody or control of the Plaintiff and/or Plaintiff's agents, servants or attorneys relative to the subject matter of this lawsuit. 15.All written statements by the Defendant concerning this action or its subject matter or a_ stenographic, mechanical, electrical, or other recording or transcription of a statement that is a substantial verbatim recital of an oral statement. 16.All statements of the Defendant, including, but not limited to, statements taken from agents, servants and/or employees of the Defendant in this lawsuit. 17.Copies of all your credit card statements from 03/17/2015 to the present time evidencing personal expenditures, payments for medical expenses, or any and all other out of pocket expenses you are claiming as a result of the incident described in your complaint, and entertainment activities engaged in during that time period, which would reflect their activities, including, but not limited to, any trips taken, be it local or abroad, lodging, any tickets purchased for sporting events, movie shows, theater shows, concerts, dining, take out dining, automobile and/or boating gasoline purchases or expenditures. 18. Copies of any and all documents evidencing payments from any collateral source or med pay coverage paid on your behalf for medical expenses. 19. Copies of any and all documents evidencing payments from any collateral source paid on your behalf for lost income. 20. Copies of any and all documents reflecting the notices required under §768.76(6) or statements asserting a right of subrogation or reimbursement pursuant to §768.76(7). 21.As to each type of insurance in force in favor of the Plaintiff, including, but not limited to, life insurance, medical insurance, hospitalization insurance, Medicare, Medicaid, disability insurance, medical payments insurance, personal injury protection insurance, health insurance and accident insurance: COLE, SCOTT & KISSANE, P.A. DADELAND CENTRE II -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 23256 - (305) 350-5300 - (305) 373-2294 FAXCase No. 16-000016 CA 24 a) A copy of each such contract or policy; b) The Identification Card of each such contract or policy; c) The Declarations Sheet of each such contract or policy; d) Each and every application for benefits made by the Plaintiffs under any of the policies, whether pertaining to the incident which is the subject matter of this litigation or not; and e) All records of payments, checks, check stubs, memos and correspondence relating to payments made under any of the policies referred to above. 22.Letter authorizing the Social Security Administration as a collateral source to provide complete information and disclosure of any all claims, disabilities or payments received by the plaintiff. Such letter should specify that the Social Security Administration is to release all documents protected under 5 U.S.C. § 552 (a); 42 U.S.C. § 1306 (a) and 20 F.R. § 401.300. 23. All expert reports from any experts who will testify at trial. Including: a. Copies of any and all reports prepared by any expert you anticipate calling at the time of trial; and b. Copies of the most recent and updated CV and/or resume of any expert you anticipate calling at the time of trial. 24. All incident reports filed by Plaintiff for any purpose, including, but not limited to, reports to the subject TJX store, the plaintiff's employer, an insurance company, or any other reports regarding the incident that were filled out by the Plaintiff or on behalf of the Plaintiff. 25.Any documents, photographs, correspondence, etc. which allegedly prove a prior or subsequent similar incident at the location where the subject incident occurred. -4- COLE, SCOTT & KISSANE, P.A. DADELAND CENTRE II -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 23256 - (305) 350-5300 - (305) 373-2294 FAXCase No. 16-000016 CA 24 CERTIFICATE OF SERVICE WE HEREBY CERTIFY on this 22"! day of April, 2016, that a true and correct copy of the foregoing has been furnished by electronic mail (email) at designation litigationattorney2@imflawyers.com; litigationsec2@jmflawyers.com, Monica M. Medina, Esq., at Jose M. Francisco, P.A. (Counsel for Plaintiff), and we have electronically filed the foregoing with the Clerk of Miami-Dade County by using the Florida Courts e-Filing Portal. COLE, SCOTT & KISSANE, P.A. Attorneys for Defendant Cole Scott & Kissane Building 9150 South Dadeland Blvd., Suite 1400 P.O. Box 569015 Miami, FL 33156 Telephone: (786) 268-6737 Facsimile: (305) 373-2294 Primary email: Ben.Esco@csklegal.com Secondary email: Lourdes.Gonzalez@csklegal.com Primary email: Elisabeth. Espinosa@cskleqgal. com Secondary email: Julie. Carrion@csklegal.com of Clisabeth M. Espinosa Benjamin M. Esco Florida Bar Number 722448 Elisabeth M. Espinosa Florida Bar Number 038524 1:\0511-0010-00\discovery\request for production\request 002 - request for production to the plaintiff rodriguez.docx COLE, SCOTT & KISSANE, P.A. DADELAND CENTRE II -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 23256 - (305) 350-5300 - (305) 373-2294 FAX