Preview
Filing # 124632197 E-Filed 04/09/2021 11:03:58 AM
IN THE CIRCUIT COURT OF THE
SEVENTH JUDICIAL CIRCUIT IN AND
FOR FLAGLER COUNTY, FLORIDA
SHIRLEY MARTORANO,
CASE NO.: 2021 CA 000185
Plaintiff,
HERITAGE PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
Plaintiff, SHIRLEY MARTORANO, by and through her undersigned attorneys, serve
this First Request for Production on Defendant, HERITAGE PROPERTY AND CASUALTY
INSURANCE COMPANY, to be responded to in accordance with the Florida Rules of Civil
Procedure.
DEFINITIONS
As used herein, the terms listed below are defined as follows:
1. “You,” “your,” “yours”, and/or “yourselves,” shall mean the Defendant, to whom
these interrogatories are directed, and any attorney or consultant affiliated with Defendant, and
any person or entity acting or purporting to act on behalf of the Defendant.
2. “Document” or “documents” means the original (or if unavailable, a copy of the
original) of all written, printed, typed, reported, recorded, or graphic matter and all photographic
matter or sound reproduction tapes, records, electronic or computer data files or other devices,
however, produced or reproduced, in your actual or constructive possessions, custody or control,
or of which you have knowledge. “Document” or “documents” shall include, but are not limited
to, all electronic emails, correspondence, memoranda (including written memoranda of telephone
1
THE TOMLINSON LAW GROUP, P.A.
7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067
P: (954)-745-4575 F: (954)- 745-4574
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 04/09/2021 01:15 PMconversations, discussions, other oral communications and acts), telegrams, telexes, cables,
telephone records, reports, tests, samples, studies, compilations of data, filings, pamphlets,
diaries, records, charts, lists, analyses, graphs, diagrams, costs estimates, worksheets, contracts,
agreements, books, catalogs, price lists, price quotations, financial statements, books of accounts,
journals, ledgers, expense reports, and other financial records, audits, profit and loss statements,
annual reports, state and federal tax returns, purchase orders, invoices, billings, credit
memoranda, statements, indices, data processing cards, other data processing materials, data
sheets, photostats, photographs, microfilm, map receipts, directives, tapes, bulletins, press
releases, news paper clippings, handbills or written advertisements circulars, notices, messages,
tabulations notes, economic or statistical studies, surveys, polls, minutes, instructions, requests,
canceled checks, calendars, desk pads, appointment books, scrap, books, notebooks,
specifications, drawings, diagrams, sketches and each draft and each non-identical copy of the
foregoing, including those upon which notations in writing have been made that do not appear on
the original. For any document related to the matters described herein which is not in your
possession, but which you know to exist, you are requested to identify any such document and
indicate to the best of your ability that document’s present or last known location or custodian.
3. “Communications” shall mean any oral, written or electronic transmission of
information, including, but not limited to, letters or correspondence, conversations, meetings,
discussions, telephone calls, telegrams, telecopies, telexes, seminars, conferences, messages,
facsimile transmission, e-mails, notes or memoranda.
4. “Date” shall mean the exact day, month, and year, if ascertainable, or, if not, the
best approximation of the date (based upon the relationship with other events).
5. “Person” means any natural person, corporation, partnership, proprietorship,
association, or organization or group of persons.
6. “Agent” shall mean any agent, employee, officer, director, attorney, independent
contractor, or any other person acting at the direction of, or on behalf of another.
7. “Relating” shall be construed in the broadest sense and shall mean directly or
indirectly describing, setting forth, discussing, mentioning, commenting upon, supporting,
contradicting, relating to or referring to the subject or topic in question, either in whole or in part.
8. “Any” shall be deemed to include and encompass “each” and “all” and “and”
shall be deemed to include and encompass the word “or”.
9. All terms used in the plural shall include the singular.
10. “Identify” when used in reference to a document, means and includes the name
and the address of the custodian of the document, the location of the document, and a general
description of the document, including the:
2
THE TOMLINSON LAW GROUP, P.A.
7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067
P: (954)-745-4575 F: (954)- 745-4574(1) Type of document (i.e., correspondence, memoranda, telex, etc.);
(2) General subject matter of the document;
(3) Date of the document;
(4) Author of the document;
(5) Addressee of the document; and
(6) Relationship of the author and addressee to each other.
INSTRUCTIONS
1. If you object to a discovery request because of a privilege or protection, please
provide the nature of the privileged claim, the date of the document, the general subject matter of
the document, and such other information sufficient to identify the document.
2. For any documents produced, documents provided shall be completed and, unless
privileged, unredacted, submitted as found in the company’s files (e.g., documents that in their
original condition were stapled, clipped or otherwise fastened together or maintained in separate
file folders shall be produced in such form). The company may submit photocopies (with color
photocopies where necessary to interpret the document), in lieu of original documents, provided
that such copies are true, correct and complete copies of the original documents. Documents
submitted shall be produced in the order in which they appear in the company’s files and shall
not be shuffled or otherwise rearranged.
3. Electronic and digital documents are requested to be produced in their native
format in which they are ordinarily maintained in the usual course of business, and produced on
CD-ROM, DVD-ROM, or flash memory media.
4. Physical documents are requested to be photocopied with copies to be produced
as described herein or scanned to Portable Document Format (PDF) and produced on CD-ROM,
DVD-ROM, or flash memory media.
5. Should Defendant seek reimbursement for any costs associated with copying
and/or production of documents, please contact counsel for the Plaintiffs at 954-745-4575 prior
to incurring said costs.
PL
TIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
1. A complete certified copy of the contract(s) of insurance at issue in this action or
which would provide coverage to the Plaintiff herein, including all attachments, riders,
3
THE TOMLINSON LAW GROUP, P.A.
7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067
P: (954)-745-4575 F: (954)- 745-4574endorsements, declaration of coverage pages, and any other items or documents that were part of
such contract(s) at the time of loss.
2. Any and all documents, writings, materials or other information relied on by the
Defendant to support any of its: (a) Affirmative Defenses; (b) denials of any allegations in the
Complaint; and (c) denials of any of Plaintiff's Requests for Admission.
3. Any and all documents referenced, relating to, supporting or otherwise identified
by you or which are responsive to those questions set forth in Plaintiffs’ Interrogatories to
Defendant (which have also been served with these Requests).
4, All documents which you believe support the Plaintiff's claims.
5. Any and all documents (including, but not limited to, checks, statements, receipts,
letters, and e-mails or other correspondence), reflecting any payment made to any person or
entity for any reason as a result of Plaintiff's claim, or those related to the refusal to pay, or any
other kind of payment or refusal to pay.
6. Any and all correspondence between the Plaintiff and Defendant regarding the
insurance policy at issue, the claim at issue, or that bear any relation to the captioned litigation.
7. Any and all correspondence between the Plaintiff and Defendant regarding the
insurance claim at issue in the above-styled action.
8. A copy of any and all writings, inspection reports, estimates, reports, memoranda,
notes, or other materials (including those from any and all adjusters) related to the inspection of
Plaintiff's property or Plaintiffs claim.
9. Any and all photographs, films, videotapes, video depiction or diagram related to
Plaintiff's claim, Plaintiff's property or the damage to Plaintiff's property.
10. Any and all statements taken of any person, be they recorded, oral, written,
transcribed, or of any other nature (including, but not limited to examinations under oath,
affidavits, etc.) that bear any relation to the Plaintiffs’ claim (including the adjustment of the
same) and the captioned litigation.
11. All documents relied upon by you in reaching any conclusions regarding the
insurance claim at issue in the above-styled action.
12. All property inspection reports regarding the Property at issue in the above-styled
action that were prepared, received, or otherwise documented prior to the alleged date of loss.
4
THE TOMLINSON LAW GROUP, P.A.
7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067
P: (954)-745-4575 F: (954)- 745-457413. A copy of any and all writings, inspection reports, estimates, reports, memoranda,
notes, or other materials (including those from any and all adjusters) related to the inspection of
Plaintiffs property or Plaintiffs claim.
14. A copy of all records indicating receipt of all premiums Plaintiffs paid for the
insurance policy or policies at issue in this action.
15. Notes pertaining to any interviews or phone conversations between anyone and
Plaintiff's or Plaintiff's principals, agents and/or employees.
16. Every book, bulletin, manual, guide, statement of policies and procedures, or
other similar claims-related publication that Defendant provided to any adjuster, engineer, or
other employee for the processing or handling of Plaintiff's claim or Defendant relied upon in
connection with Plaintiff's claim.
17. A copy of the application for licensure and appointment as an adjuster for all such
adjusters who inspected the Plaintiff’s property.
18. A copy of the license of each adjuster, expert, appraiser, inspector or other
individual who participated in processing Plaintiff's claim.
19. All proofs of loss received by Defendant from Plaintiff or any representative of
Plaintiff.
20. All documents sent to the State of Florida or any of its agencies related to this
claim, or the reason it has not been fully settled or paid.
21. Any and all reports prepared by expert witnesses, on behalf of Defendant herein,
whether within your possession or not, and whether said expert will be called at trial or not; all
data or other information relied upon in the formulation of opinions by such experts; any exhibits
to be used as a summary for support for such opinions; the qualifications of the experts
(including his or her current curriculum vitae); and a listing of any other cases in which the
witness has testified as an expert at trial or in deposition within the preceding five (5) years.
22. Any and all documents or exhibits that Defendant may attempt to introduce as an
exhibit during the trial of this matter.
5
THE TOMLINSON LAW GROUP, P.A.
7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067
P: (954)-745-4575 F: (954)- 745-4574CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered to the
Chief Financial Officer for initial service of process upon the Defendant along with a copy of the
Summons and Complaint.
THE TOMLINSON LAW GROUP, P.A.
7401 Wiles Road, Suite 242
Coral Springs, Florida 33067
Tel.: (954) 745-4575
Fax: (954) 745-4574
E-Service Email: eservice@tlawgrp.com
Non-Service Email:btomlinson@tlawgrp.com
By: -
BRANDON J. TOMLINSON, ESQ.
Florida Bar No.: 93110
6
THE TOMLINSON LAW GROUP, P.A.
7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067
P: (954)-745-4575 F: (954)- 745-4574
Preview
Filing # 124632197 E-Filed 04/09/2021 11:03:58 AM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA SHIRLEY MARTORANO, CASE NO.: 2021 CA 000185 Plaintiff, HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT Plaintiff, SHIRLEY MARTORANO, by and through her undersigned attorneys, serve this First Request for Production on Defendant, HERITAGE PROPERTY AND CASUALTY INSURANCE COMPANY, to be responded to in accordance with the Florida Rules of Civil Procedure. DEFINITIONS As used herein, the terms listed below are defined as follows: 1. “You,” “your,” “yours”, and/or “yourselves,” shall mean the Defendant, to whom these interrogatories are directed, and any attorney or consultant affiliated with Defendant, and any person or entity acting or purporting to act on behalf of the Defendant. 2. “Document” or “documents” means the original (or if unavailable, a copy of the original) of all written, printed, typed, reported, recorded, or graphic matter and all photographic matter or sound reproduction tapes, records, electronic or computer data files or other devices, however, produced or reproduced, in your actual or constructive possessions, custody or control, or of which you have knowledge. “Document” or “documents” shall include, but are not limited to, all electronic emails, correspondence, memoranda (including written memoranda of telephone 1 THE TOMLINSON LAW GROUP, P.A. 7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067 P: (954)-745-4575 F: (954)- 745-4574 Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 04/09/2021 01:15 PMconversations, discussions, other oral communications and acts), telegrams, telexes, cables, telephone records, reports, tests, samples, studies, compilations of data, filings, pamphlets, diaries, records, charts, lists, analyses, graphs, diagrams, costs estimates, worksheets, contracts, agreements, books, catalogs, price lists, price quotations, financial statements, books of accounts, journals, ledgers, expense reports, and other financial records, audits, profit and loss statements, annual reports, state and federal tax returns, purchase orders, invoices, billings, credit memoranda, statements, indices, data processing cards, other data processing materials, data sheets, photostats, photographs, microfilm, map receipts, directives, tapes, bulletins, press releases, news paper clippings, handbills or written advertisements circulars, notices, messages, tabulations notes, economic or statistical studies, surveys, polls, minutes, instructions, requests, canceled checks, calendars, desk pads, appointment books, scrap, books, notebooks, specifications, drawings, diagrams, sketches and each draft and each non-identical copy of the foregoing, including those upon which notations in writing have been made that do not appear on the original. For any document related to the matters described herein which is not in your possession, but which you know to exist, you are requested to identify any such document and indicate to the best of your ability that document’s present or last known location or custodian. 3. “Communications” shall mean any oral, written or electronic transmission of information, including, but not limited to, letters or correspondence, conversations, meetings, discussions, telephone calls, telegrams, telecopies, telexes, seminars, conferences, messages, facsimile transmission, e-mails, notes or memoranda. 4. “Date” shall mean the exact day, month, and year, if ascertainable, or, if not, the best approximation of the date (based upon the relationship with other events). 5. “Person” means any natural person, corporation, partnership, proprietorship, association, or organization or group of persons. 6. “Agent” shall mean any agent, employee, officer, director, attorney, independent contractor, or any other person acting at the direction of, or on behalf of another. 7. “Relating” shall be construed in the broadest sense and shall mean directly or indirectly describing, setting forth, discussing, mentioning, commenting upon, supporting, contradicting, relating to or referring to the subject or topic in question, either in whole or in part. 8. “Any” shall be deemed to include and encompass “each” and “all” and “and” shall be deemed to include and encompass the word “or”. 9. All terms used in the plural shall include the singular. 10. “Identify” when used in reference to a document, means and includes the name and the address of the custodian of the document, the location of the document, and a general description of the document, including the: 2 THE TOMLINSON LAW GROUP, P.A. 7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067 P: (954)-745-4575 F: (954)- 745-4574(1) Type of document (i.e., correspondence, memoranda, telex, etc.); (2) General subject matter of the document; (3) Date of the document; (4) Author of the document; (5) Addressee of the document; and (6) Relationship of the author and addressee to each other. INSTRUCTIONS 1. If you object to a discovery request because of a privilege or protection, please provide the nature of the privileged claim, the date of the document, the general subject matter of the document, and such other information sufficient to identify the document. 2. For any documents produced, documents provided shall be completed and, unless privileged, unredacted, submitted as found in the company’s files (e.g., documents that in their original condition were stapled, clipped or otherwise fastened together or maintained in separate file folders shall be produced in such form). The company may submit photocopies (with color photocopies where necessary to interpret the document), in lieu of original documents, provided that such copies are true, correct and complete copies of the original documents. Documents submitted shall be produced in the order in which they appear in the company’s files and shall not be shuffled or otherwise rearranged. 3. Electronic and digital documents are requested to be produced in their native format in which they are ordinarily maintained in the usual course of business, and produced on CD-ROM, DVD-ROM, or flash memory media. 4. Physical documents are requested to be photocopied with copies to be produced as described herein or scanned to Portable Document Format (PDF) and produced on CD-ROM, DVD-ROM, or flash memory media. 5. Should Defendant seek reimbursement for any costs associated with copying and/or production of documents, please contact counsel for the Plaintiffs at 954-745-4575 prior to incurring said costs. PL TIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT 1. A complete certified copy of the contract(s) of insurance at issue in this action or which would provide coverage to the Plaintiff herein, including all attachments, riders, 3 THE TOMLINSON LAW GROUP, P.A. 7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067 P: (954)-745-4575 F: (954)- 745-4574endorsements, declaration of coverage pages, and any other items or documents that were part of such contract(s) at the time of loss. 2. Any and all documents, writings, materials or other information relied on by the Defendant to support any of its: (a) Affirmative Defenses; (b) denials of any allegations in the Complaint; and (c) denials of any of Plaintiff's Requests for Admission. 3. Any and all documents referenced, relating to, supporting or otherwise identified by you or which are responsive to those questions set forth in Plaintiffs’ Interrogatories to Defendant (which have also been served with these Requests). 4, All documents which you believe support the Plaintiff's claims. 5. Any and all documents (including, but not limited to, checks, statements, receipts, letters, and e-mails or other correspondence), reflecting any payment made to any person or entity for any reason as a result of Plaintiff's claim, or those related to the refusal to pay, or any other kind of payment or refusal to pay. 6. Any and all correspondence between the Plaintiff and Defendant regarding the insurance policy at issue, the claim at issue, or that bear any relation to the captioned litigation. 7. Any and all correspondence between the Plaintiff and Defendant regarding the insurance claim at issue in the above-styled action. 8. A copy of any and all writings, inspection reports, estimates, reports, memoranda, notes, or other materials (including those from any and all adjusters) related to the inspection of Plaintiff's property or Plaintiffs claim. 9. Any and all photographs, films, videotapes, video depiction or diagram related to Plaintiff's claim, Plaintiff's property or the damage to Plaintiff's property. 10. Any and all statements taken of any person, be they recorded, oral, written, transcribed, or of any other nature (including, but not limited to examinations under oath, affidavits, etc.) that bear any relation to the Plaintiffs’ claim (including the adjustment of the same) and the captioned litigation. 11. All documents relied upon by you in reaching any conclusions regarding the insurance claim at issue in the above-styled action. 12. All property inspection reports regarding the Property at issue in the above-styled action that were prepared, received, or otherwise documented prior to the alleged date of loss. 4 THE TOMLINSON LAW GROUP, P.A. 7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067 P: (954)-745-4575 F: (954)- 745-457413. A copy of any and all writings, inspection reports, estimates, reports, memoranda, notes, or other materials (including those from any and all adjusters) related to the inspection of Plaintiffs property or Plaintiffs claim. 14. A copy of all records indicating receipt of all premiums Plaintiffs paid for the insurance policy or policies at issue in this action. 15. Notes pertaining to any interviews or phone conversations between anyone and Plaintiff's or Plaintiff's principals, agents and/or employees. 16. Every book, bulletin, manual, guide, statement of policies and procedures, or other similar claims-related publication that Defendant provided to any adjuster, engineer, or other employee for the processing or handling of Plaintiff's claim or Defendant relied upon in connection with Plaintiff's claim. 17. A copy of the application for licensure and appointment as an adjuster for all such adjusters who inspected the Plaintiff’s property. 18. A copy of the license of each adjuster, expert, appraiser, inspector or other individual who participated in processing Plaintiff's claim. 19. All proofs of loss received by Defendant from Plaintiff or any representative of Plaintiff. 20. All documents sent to the State of Florida or any of its agencies related to this claim, or the reason it has not been fully settled or paid. 21. Any and all reports prepared by expert witnesses, on behalf of Defendant herein, whether within your possession or not, and whether said expert will be called at trial or not; all data or other information relied upon in the formulation of opinions by such experts; any exhibits to be used as a summary for support for such opinions; the qualifications of the experts (including his or her current curriculum vitae); and a listing of any other cases in which the witness has testified as an expert at trial or in deposition within the preceding five (5) years. 22. Any and all documents or exhibits that Defendant may attempt to introduce as an exhibit during the trial of this matter. 5 THE TOMLINSON LAW GROUP, P.A. 7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067 P: (954)-745-4575 F: (954)- 745-4574CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered to the Chief Financial Officer for initial service of process upon the Defendant along with a copy of the Summons and Complaint. THE TOMLINSON LAW GROUP, P.A. 7401 Wiles Road, Suite 242 Coral Springs, Florida 33067 Tel.: (954) 745-4575 Fax: (954) 745-4574 E-Service Email: eservice@tlawgrp.com Non-Service Email:btomlinson@tlawgrp.com By: - BRANDON J. TOMLINSON, ESQ. Florida Bar No.: 93110 6 THE TOMLINSON LAW GROUP, P.A. 7401 WILES ROAD, SUITE 242, CORAL SPRINGS, FLORIDA 33067 P: (954)-745-4575 F: (954)- 745-4574