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Filing # 120248114 E-Filed 01/26/2021 12:48:26 PM
IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: COCE-20-007173
ALL REPAIR & RESTORATION LLC DBA
ALL DRY USA (A/A/O LISA ANN
CUCCHD),
PLAINTIFF,
Vv.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
DEFENDANT.
/
PLAINTIFF’S RESPONSE TO DEFENDANT’S
SUPPLEMEN’ REQUEST FOR PRODUCTION
COMES NOW the Plaintiff, ALL REPAIR & RESTORATION LLC DBA ALL DRY USA
(A/A/O LISA ANN CUCCHI) (‘Plaintiff’), by and through their undersigned attorney, and
pursuant to the relevant Rules of the Florida Rules of Civil Procedure, and here by files its
tesponses to Defendant’s, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY
(“Defendant”), Request For Production and states as follows:
GENERAL OBJECTIONS
1 Plaintiff objects to each Request: (1) insofar as it calls for the production of documents
not in Plaintiff's possession, custody, or control; (2) insofar as it calls for the production of
documents that were prepared for or in anticipation of litigation, constitute attorney work product,
contain attorney-client communications, or are otherwise privileged; (3) insofar as it calls for the
production of documents which are publicly available or otherwise equally available and/or
uniquely available or equally available from third parties; (4) insofar as it calls for the
production of documents that do not specifically refer to the events which are the subject matter
of this litigation; and (5) insofar as it calls for the production of documents which are neither
relevant to the subject matter of this litigation nor reasonably calculated to lead to the discovery
of admissible evidence.
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/26/2021 12:48:26 PM.**#*
2 The inadvertent production or disclosure of any privileged documents or
information shall not constitute or be deemed to be a waiver of any applicable privilege with
respect to such document or information (or the contents or subject matter thereof) or with
respect to any other such document or discovery now or hereafter requested or provided. Plaintiff
reserves the right not to produce documents that are in part protected by privilege, except on a
tedacted basis, and to require the return of any document (and all copies thereof) inadvertently
produced. Plaintiff likewise does not waive the right to object, on any and all grounds, to (1)
the evidentiary use of documents produced in response to these requests; and (2) discovery
requests relating to those documents.
3. Plaintiff submits these responses and objections without conceding the relevancy or
materiality of the subject matter of any request or of any document, or that any
responsive materials exist.
4. Plaintiff's responses and objections are not intended to be, and shall not be construed
as, agreement with Defendant’s characterization of any facts, circumstances, or legal obligations.
Plaintiff reserves the right to contest any such characterization as inaccurate. Plaintiff also objects
to the Requests to the extent they contain any express or implied assumptions of fact or law
concerning matters at issue in this litigation.
5 The responses and objections contained herein are made on the basis of information
now known to Plaintiff and are made without waiving any further objections to or admitting the
televancy or materiality of any of the information requested. Plaintiff's investigation, discovery
and preparation for proceedings are continuing and all answers are given without prejudice to
Plaintiff’s right to introduce or object to the discovery of any documents, facts or information
discovered after the date hereof.
PL. TIFF’S RESPONSES
Objection. Plaintiff has not appointed a expert for this case at this time. Plaintiff
objects to the extent this Request is overbroad, vague, unduly burdensome; calculated
to harass and annoy, not limited in time or scope; irrelevant, and not reasonably
calculated to lead to the discovery of admissible evidence. Notwithstanding the
foregoing objections and explicitly subject thereto, all non-privileged documents, if
any, in Plaintiff's possession that are responsive to this Request are attached.
Discovery is ongoing.
Plaintiff has not appointed a expert for this case at this time.
Plaintiff has not appointed a expert for this case at this time.
Plaintiff has not appointed a expert for this case at this time.
Plaintiff has not appointed a expert for this case at this time.
Plaintiff has not appointed a expert for this case at this time.
Defendant has not provided Plaintiff with expert interrogatories. Plaintiff will provide
all non-privileged documents, if any, in Plaintiff's possession that are responsive to this
Request upon receipt of expert interrogatories.
All non-privileged documents, if any, in Plaintiff's possession that are responsive to
this Request are attached. Discovery is ongoing.
Objection, this request is overly broad, confusing, vague, not reasonably calculated to
lead the discovery of admissible evidence, a potential violation of privilege and/or
work product. A blanket request for a general category is insufficient. “Discovery
should not become a search warrant, requiring a witness to produce broad categories of
items which the party can search to find what may be wanted. The desired documents,
books or papers should be designated with sufficient particularity as to affirmatively
suggest their existence and materiality and so describe them that any reasonable person
can identify them.” Palmer v. Servis, 393 So.2d 653 (Fla. 5th DCA 1981).
Notwithstanding the foregoing objections and explicitly subject thereto, Plaintiff has
not appointed a expert for this case at this time.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 26, 2021 a true and correct copy of the foregoing
has been furnished via E-service to: Ashely J. Arends, Esq., aarends@heritagepci.com;
tally@heritagepci.com; eservice@heritagepci.com.
By:__/s/ Mordechai L. Breier
Mordechai L. Breier, Esq.
Florida Bar No.: 0088186
Oren Reich, Esq.
Florida Bar No.: 0103371
Michael Katz, Esq.
Florida Bar No.: 1024707
CONSUMER LAW OFFICE, P.A.
633 NE 167" St., Suite 725
North Miami Beach, FL 33162
Phone: (305) 940-0924 | Fax: 305-602-8204
E-service:service@myconsumerlawoffice.com
E-mail: oreich@myconsumerlawoffice.com
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Filing # 120248114 E-Filed 01/26/2021 12:48:26 PM IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: COCE-20-007173 ALL REPAIR & RESTORATION LLC DBA ALL DRY USA (A/A/O LISA ANN CUCCHD), PLAINTIFF, Vv. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, DEFENDANT. / PLAINTIFF’S RESPONSE TO DEFENDANT’S SUPPLEMEN’ REQUEST FOR PRODUCTION COMES NOW the Plaintiff, ALL REPAIR & RESTORATION LLC DBA ALL DRY USA (A/A/O LISA ANN CUCCHI) (‘Plaintiff’), by and through their undersigned attorney, and pursuant to the relevant Rules of the Florida Rules of Civil Procedure, and here by files its tesponses to Defendant’s, HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY (“Defendant”), Request For Production and states as follows: GENERAL OBJECTIONS 1 Plaintiff objects to each Request: (1) insofar as it calls for the production of documents not in Plaintiff's possession, custody, or control; (2) insofar as it calls for the production of documents that were prepared for or in anticipation of litigation, constitute attorney work product, contain attorney-client communications, or are otherwise privileged; (3) insofar as it calls for the production of documents which are publicly available or otherwise equally available and/or uniquely available or equally available from third parties; (4) insofar as it calls for the production of documents that do not specifically refer to the events which are the subject matter of this litigation; and (5) insofar as it calls for the production of documents which are neither relevant to the subject matter of this litigation nor reasonably calculated to lead to the discovery of admissible evidence. #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/26/2021 12:48:26 PM.**#* 2 The inadvertent production or disclosure of any privileged documents or information shall not constitute or be deemed to be a waiver of any applicable privilege with respect to such document or information (or the contents or subject matter thereof) or with respect to any other such document or discovery now or hereafter requested or provided. Plaintiff reserves the right not to produce documents that are in part protected by privilege, except on a tedacted basis, and to require the return of any document (and all copies thereof) inadvertently produced. Plaintiff likewise does not waive the right to object, on any and all grounds, to (1) the evidentiary use of documents produced in response to these requests; and (2) discovery requests relating to those documents. 3. Plaintiff submits these responses and objections without conceding the relevancy or materiality of the subject matter of any request or of any document, or that any responsive materials exist. 4. Plaintiff's responses and objections are not intended to be, and shall not be construed as, agreement with Defendant’s characterization of any facts, circumstances, or legal obligations. Plaintiff reserves the right to contest any such characterization as inaccurate. Plaintiff also objects to the Requests to the extent they contain any express or implied assumptions of fact or law concerning matters at issue in this litigation. 5 The responses and objections contained herein are made on the basis of information now known to Plaintiff and are made without waiving any further objections to or admitting the televancy or materiality of any of the information requested. Plaintiff's investigation, discovery and preparation for proceedings are continuing and all answers are given without prejudice to Plaintiff’s right to introduce or object to the discovery of any documents, facts or information discovered after the date hereof. PL. TIFF’S RESPONSES Objection. Plaintiff has not appointed a expert for this case at this time. Plaintiff objects to the extent this Request is overbroad, vague, unduly burdensome; calculated to harass and annoy, not limited in time or scope; irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding the foregoing objections and explicitly subject thereto, all non-privileged documents, if any, in Plaintiff's possession that are responsive to this Request are attached. Discovery is ongoing. Plaintiff has not appointed a expert for this case at this time. Plaintiff has not appointed a expert for this case at this time. Plaintiff has not appointed a expert for this case at this time. Plaintiff has not appointed a expert for this case at this time. Plaintiff has not appointed a expert for this case at this time. Defendant has not provided Plaintiff with expert interrogatories. Plaintiff will provide all non-privileged documents, if any, in Plaintiff's possession that are responsive to this Request upon receipt of expert interrogatories. All non-privileged documents, if any, in Plaintiff's possession that are responsive to this Request are attached. Discovery is ongoing. Objection, this request is overly broad, confusing, vague, not reasonably calculated to lead the discovery of admissible evidence, a potential violation of privilege and/or work product. A blanket request for a general category is insufficient. “Discovery should not become a search warrant, requiring a witness to produce broad categories of items which the party can search to find what may be wanted. The desired documents, books or papers should be designated with sufficient particularity as to affirmatively suggest their existence and materiality and so describe them that any reasonable person can identify them.” Palmer v. Servis, 393 So.2d 653 (Fla. 5th DCA 1981). Notwithstanding the foregoing objections and explicitly subject thereto, Plaintiff has not appointed a expert for this case at this time. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 26, 2021 a true and correct copy of the foregoing has been furnished via E-service to: Ashely J. Arends, Esq., aarends@heritagepci.com; tally@heritagepci.com; eservice@heritagepci.com. By:__/s/ Mordechai L. Breier Mordechai L. Breier, Esq. Florida Bar No.: 0088186 Oren Reich, Esq. Florida Bar No.: 0103371 Michael Katz, Esq. Florida Bar No.: 1024707 CONSUMER LAW OFFICE, P.A. 633 NE 167" St., Suite 725 North Miami Beach, FL 33162 Phone: (305) 940-0924 | Fax: 305-602-8204 E-service:service@myconsumerlawoffice.com E-mail: oreich@myconsumerlawoffice.com