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Filing # 124178408 E-Filed 04/01/2021 01:09:36 PM
21-232/akr
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE-21-003820 (05)
MAXIMO E. MEJIA and
LILLIAN CORTEZ DE MEJIA,
Plaintiffs,
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
REQUEST FOR PRODUCTION TO PLAINTIFFS
PURSUANT TO Rule 1.350, the Defendant, CITIZENS PROPERTY INSURANCE
CORPORATION, by and through their undersigned attorney, request that Plaintiffs, MAXIMO
E. MEJIA and LILLIAN CORTEZ DE MEJIA, translate or prepare in reasonably useable form
and produce those documents and items numerated and checked at the offices of the undersigned
counsel and that the same be done within thirty (30) days in accordance with said Rule.
DEFINITIONS
(a) As used herein, the single shall always include the plural, and the present tense shall
always include the past tense.
(b) As used herein, "and" as well as "or" shall be construed disjunctively and
conjunctively in order to bring within the scope of this Request all responses which might
otherwise be construed to be outside its scope.
(c) "Document" shall mean letters, correspondence, memoranda, notes, work papers,
1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/01/2021 01:09:35 PM.****charts, reports, ledgers, drawings, plans, specifications, contractors or photographs, and shall
include, but shall not be limited to, any written, printed, typed or other graphic matter of any kind
or nature, all mechanical, magnetic and electronic sound recordings or transcripts thereof; any
microfilm, microfiche or other reproductions, and any data, information or statistics contained
within any data storage modules, tapes, discs or other memory devices (including IBM or similar
cards for information, data and programs), or other information retrieval storage systems
(including computer-generated reports and printouts) in the possession and/or control of you
and/or your counsel or agents, or known by you to exist. It shall also mean all drafts and/or copies
of documents by whatever means made.
(d) The terms "related," "relating," "reflecting" and "in relation to" shall mean
referring to, or having any relationship with whatsoever, or regarding or pertaining to, or
comprising, or indicating, or constituting evidence of, in whole or in part.
(e) The term "incident" shall mean the incident which is alleged in the Complaint.
(f) The term "statement" shall mean a written statement, signed or otherwise adopted
or approved by the person making it, or a stenographic, mechanical, electrical or other recording,
or a transcription thereof, which is substantially verbatim recital or an oral statement by the person
making it and contemporaneously recorded.
(g) | With respect to each document herein requested to be produced and which has not
been so produced on the ground of any alleged privilege, identify each document be specifying its
date, author(s), recipient(s), subject matter, all personnel to whom such document has been shown
or discharged, and set forth the basis of your claim of alleged privilege with respect thereto.10.
11.
12.
13.
14.
DOCUMENTS OF THINGS TO BE PRODUCED
Any and all photographs of the alleged damage sustained by the subject property due to
the alleged loss described in the Complaint.
Any and all photographs of the alleged damaged property that were taken prior to
September 10, 2017.
A copy of any and all reports, appraisals, evaluations, estimates, diagnoses, examinations,
inspections, or other document evidencing the amount of damage that allegedly occurred
to the subject property as a result of the subject incident.
Any and all receipts, invoices, checks, or other document evidencing any repairs performed
on the subject property as a result of this incident.
Any and all correspondence between Plaintiffs or anyone acting on Plaintiffs’ behalf and
Defendant or Defendant’s agents regarding any issue relevant to this lawsuit.
Any and all statements taken by Plaintiffs or Plaintiffs’ agents with regard to any issue
relevant to this lawsuit.
Any and all documents Plaintiffs relied upon in forming the allegation that Plaintiffs
furnished Defendant with timely notice of the alleged loss, proof of claim, and otherwise
performed all conditions precedent to recover under the policy and applicable Florida
Statutes.
Any and all documents Plaintiffs relied upon in forming the allegation that Defendant’s
denial of coverage and refusal to pay the full amount of the claim was contrary to the terms
of the policy and/or Florida law, and was a breach of said contract of insurance.
Any and all documents which Plaintiffs intends to rely upon at trial in this lawsuit.
Any closing documents on the property which is the subject of this lawsuit, including but
not limited to inspection reports, appraisal documents and contract of sale.
Any and all documentation reflecting any repairs and/or renovations to the property which
is the subject of this lawsuit after the date the Plaintiffs purchased the property and prior to
September 10, 2017.
A copy of any and all photographs or other documents evidencing structural damage to the
subject property as a result of the alleged loss described in Plaintiffs’ Complaint.
A copy of any and all photographs or other documents evidencing the necessity to replace
the damaged property on the subject property as a result of the alleged loss described in
Plaintiffs’ Complaint.
To the extent not requested above, any and all documents which evidence any of the15.
16.
17.
18.
19.
allegations stated in Plaintiffs’ Complaint.
Copies of any permits or permit applications submitted to State, County or City agencies
for work to be done on the subject property both prior and subsequent to September 10,
2017.
Copies of any building code violations issued by any State, County, or City officials and/or
agencies against the subject property both prior to and subsequent to September 10, 2017.
A report of each person whom the Plaintiffs expects to call as an expert witness at trial.
Copies of any assignment of benefits, and/or release of benefits executed in connection
with any and all repairs of the subject property related to the subject claim.
Any and all lease documents or agreements relating to tenancy, including but not limited
to, any lease agreements or any assignment of any lease agreement as it relates to the
subject property, within the last five years.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy hereof has been furnished by e-service
to all parties on the attached Counsel List this 1 day of April, 2021.
ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC
470 Columbia Dr., Bldg. C101
West Palm Beach, FL 33409
Phone: 561-688-6560/Fax: 561-688-2343
E-Service: service LHR@rrbpa.com
Email: lreynolds@rrbpa.com
Counsel for Defendant Citizens
s/Lyman H. Reynolds Jr., Esq.
LYMAN H. REYNOLDS, JR.
Florida Bar No: 380687STYLE: MEJIA v. CITIZENS PROP. INS. CORP.
CASE NO.: CACE-21-003820 (05)
OUR FILE NO.: 21-232
COUNSEL LIST
NELSON A. PEREZ, ESQ.
HL Law Group, P.A.
2601 E. Oakland Park Blvd., Suite 503
Ft. Lauderdale, FL 33306
Counsel for Plaintiffs
PHONE: 954-713-1212
FAX: 954-760-4239
E-SERVICE: nelson@hllawgroup.com
service@hllawgroup.com
EMAIL: darcher@hllawgroup.com
SCHEDULING: eseyfert@hllawgroup.com
FBN: 102793
LYMAN H. REYNOLDS, JR., ESQ.
Roberts, Reynolds, Bedard & Tuzzio, PLLC
470 Columbia Dr., Bldg. C101
West Palm Beach, FL 33409
Counsel for Defendant Citizens
PHONE: 561-688-6560
FAX: 561-688-2343
E-SERVICE: service LHR@rrbpa.com
EMAIL: Ireynolds@rrbpa.com
bsmith@rrbpa.com
cstephenson@rrbpa.com
lewis@rrbpa.com
FBN: 380687
Preview
Filing # 124178408 E-Filed 04/01/2021 01:09:36 PM 21-232/akr IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-003820 (05) MAXIMO E. MEJIA and LILLIAN CORTEZ DE MEJIA, Plaintiffs, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / REQUEST FOR PRODUCTION TO PLAINTIFFS PURSUANT TO Rule 1.350, the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through their undersigned attorney, request that Plaintiffs, MAXIMO E. MEJIA and LILLIAN CORTEZ DE MEJIA, translate or prepare in reasonably useable form and produce those documents and items numerated and checked at the offices of the undersigned counsel and that the same be done within thirty (30) days in accordance with said Rule. DEFINITIONS (a) As used herein, the single shall always include the plural, and the present tense shall always include the past tense. (b) As used herein, "and" as well as "or" shall be construed disjunctively and conjunctively in order to bring within the scope of this Request all responses which might otherwise be construed to be outside its scope. (c) "Document" shall mean letters, correspondence, memoranda, notes, work papers, 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/01/2021 01:09:35 PM.****charts, reports, ledgers, drawings, plans, specifications, contractors or photographs, and shall include, but shall not be limited to, any written, printed, typed or other graphic matter of any kind or nature, all mechanical, magnetic and electronic sound recordings or transcripts thereof; any microfilm, microfiche or other reproductions, and any data, information or statistics contained within any data storage modules, tapes, discs or other memory devices (including IBM or similar cards for information, data and programs), or other information retrieval storage systems (including computer-generated reports and printouts) in the possession and/or control of you and/or your counsel or agents, or known by you to exist. It shall also mean all drafts and/or copies of documents by whatever means made. (d) The terms "related," "relating," "reflecting" and "in relation to" shall mean referring to, or having any relationship with whatsoever, or regarding or pertaining to, or comprising, or indicating, or constituting evidence of, in whole or in part. (e) The term "incident" shall mean the incident which is alleged in the Complaint. (f) The term "statement" shall mean a written statement, signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is substantially verbatim recital or an oral statement by the person making it and contemporaneously recorded. (g) | With respect to each document herein requested to be produced and which has not been so produced on the ground of any alleged privilege, identify each document be specifying its date, author(s), recipient(s), subject matter, all personnel to whom such document has been shown or discharged, and set forth the basis of your claim of alleged privilege with respect thereto.10. 11. 12. 13. 14. DOCUMENTS OF THINGS TO BE PRODUCED Any and all photographs of the alleged damage sustained by the subject property due to the alleged loss described in the Complaint. Any and all photographs of the alleged damaged property that were taken prior to September 10, 2017. A copy of any and all reports, appraisals, evaluations, estimates, diagnoses, examinations, inspections, or other document evidencing the amount of damage that allegedly occurred to the subject property as a result of the subject incident. Any and all receipts, invoices, checks, or other document evidencing any repairs performed on the subject property as a result of this incident. Any and all correspondence between Plaintiffs or anyone acting on Plaintiffs’ behalf and Defendant or Defendant’s agents regarding any issue relevant to this lawsuit. Any and all statements taken by Plaintiffs or Plaintiffs’ agents with regard to any issue relevant to this lawsuit. Any and all documents Plaintiffs relied upon in forming the allegation that Plaintiffs furnished Defendant with timely notice of the alleged loss, proof of claim, and otherwise performed all conditions precedent to recover under the policy and applicable Florida Statutes. Any and all documents Plaintiffs relied upon in forming the allegation that Defendant’s denial of coverage and refusal to pay the full amount of the claim was contrary to the terms of the policy and/or Florida law, and was a breach of said contract of insurance. Any and all documents which Plaintiffs intends to rely upon at trial in this lawsuit. Any closing documents on the property which is the subject of this lawsuit, including but not limited to inspection reports, appraisal documents and contract of sale. Any and all documentation reflecting any repairs and/or renovations to the property which is the subject of this lawsuit after the date the Plaintiffs purchased the property and prior to September 10, 2017. A copy of any and all photographs or other documents evidencing structural damage to the subject property as a result of the alleged loss described in Plaintiffs’ Complaint. A copy of any and all photographs or other documents evidencing the necessity to replace the damaged property on the subject property as a result of the alleged loss described in Plaintiffs’ Complaint. To the extent not requested above, any and all documents which evidence any of the15. 16. 17. 18. 19. allegations stated in Plaintiffs’ Complaint. Copies of any permits or permit applications submitted to State, County or City agencies for work to be done on the subject property both prior and subsequent to September 10, 2017. Copies of any building code violations issued by any State, County, or City officials and/or agencies against the subject property both prior to and subsequent to September 10, 2017. A report of each person whom the Plaintiffs expects to call as an expert witness at trial. Copies of any assignment of benefits, and/or release of benefits executed in connection with any and all repairs of the subject property related to the subject claim. Any and all lease documents or agreements relating to tenancy, including but not limited to, any lease agreements or any assignment of any lease agreement as it relates to the subject property, within the last five years. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy hereof has been furnished by e-service to all parties on the attached Counsel List this 1 day of April, 2021. ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Dr., Bldg. C101 West Palm Beach, FL 33409 Phone: 561-688-6560/Fax: 561-688-2343 E-Service: service LHR@rrbpa.com Email: lreynolds@rrbpa.com Counsel for Defendant Citizens s/Lyman H. Reynolds Jr., Esq. LYMAN H. REYNOLDS, JR. Florida Bar No: 380687STYLE: MEJIA v. CITIZENS PROP. INS. CORP. CASE NO.: CACE-21-003820 (05) OUR FILE NO.: 21-232 COUNSEL LIST NELSON A. PEREZ, ESQ. HL Law Group, P.A. 2601 E. Oakland Park Blvd., Suite 503 Ft. Lauderdale, FL 33306 Counsel for Plaintiffs PHONE: 954-713-1212 FAX: 954-760-4239 E-SERVICE: nelson@hllawgroup.com service@hllawgroup.com EMAIL: darcher@hllawgroup.com SCHEDULING: eseyfert@hllawgroup.com FBN: 102793 LYMAN H. REYNOLDS, JR., ESQ. Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Dr., Bldg. C101 West Palm Beach, FL 33409 Counsel for Defendant Citizens PHONE: 561-688-6560 FAX: 561-688-2343 E-SERVICE: service LHR@rrbpa.com EMAIL: Ireynolds@rrbpa.com bsmith@rrbpa.com cstephenson@rrbpa.com lewis@rrbpa.com FBN: 380687