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Filing # 127382394 E-Filed 05/24/2021 12:23:16 PM
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA
of the Estate of DAVID B. FLICK, Deceased,
Plaintiff,
vs.
MARK BARCIA, HOOTERS OF PORT CHARLOTTE,
INC., BWR NORTH PORT, LLC d/b/a BUFFALO
WINGS AND RINGS, ATLANTA RESTAURANT
PARTNERS, LLC d/b/a TGI FRIDAYS, AND
JACKMONT HOSPITALITY, INC. d/b/a TGI
FRIDAYS,
Defendants.
/
DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S, LLC,’S
FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
Defendant, HOOTERS OF PORT CHARLOTTE, INC. (“HPC”), by and through its
undersigned counsel, hereby files this First Request for Production of Documents directed to
Plaintiff, VENISSA DRIGGERS, as Personal Representative of the Estate of DAVID B. FLICK,
Deceased, pursuant to Fla. R. Civ. P. 1.350. The Plaintiff is requested to produce true, correct and
complete copies of the following materials to HPC’s undersigned counsel within thirty (30) days
from the date of service of this Request for Production.
DEFINITIONS AND INSTRUCTIONS
(a) “Communication” means every manner or means of disclosure, transfer or exchange
of information whether orally, written, including by not limited to by telephone, face-to-face
conversation, facsimile, telegram, mail, personal delivery document or otherwise.
(b) “Document” means the original (or exact copies) and drafts of written, recorded, or
graphic matter, however produced or reproduced, of any kind or description; all copies thereof which
are different in content from the original; and any electronically, magnetically, or computer stored
information not existing in hard copy. The term “document” includes, but is not limited to,
correspondence, records of meetings or conversations, memoranda, minutes, notes, calendars,
RITTER CHUSID, LLP, ATTORNEYS AT LAW
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diaries, journals, photographs, microfiche, accounts, invoices, records, contracts, plans,
specifications, models, diagrams, drawings, maps, forecasts, appraisals, audio and/or video
recordings or reproduction and every other means of recording upon any tangible thing.
(c) “Identify” when used in reference to an individual person means to state his or her
full name, present or last known address, telephone number, and his or her full name, present or last
known address, telephone number, and his or her present or last known employment position,
business affiliation, and business or employment address and telephone number.
(d) “Identify” when used in reference to a person other than an individual person, means
to state whether such person is a corporation, partnership, or other form of entity; its name, its
present or last known address; its telephone number; and its principal place of business.
(e) “Identify” when used in reference to a document or documents, means to state: the
date of its execution, or if undated, the date it was prepared, the author, and if different, the signatory
or signatories; the addressee; the type of document; the aspect(s) of the transaction, events, or facts
about which the document concerns; and other identification with such particularity as you would
require in a request for production pursuant to the Florida Rules of Civil Procedure. If a document
was, but is no longer, in your possession, custody or control, state what disposition was made of it
and the reason for its disposition and the name and address of its present or last known custodian.
() “Or” shall be construed either conjunctively or disjunctively to bring within the scope
of this request any information which might otherwise be construed to be outside its scope.
(g) “Person” means all natural persons and entities, including without limitation:
corporations, partnerships, limited partnerships, joint ventures, trusts, estates, associations, public
agencies, departments, bureaus, commissions and boards.
(hy “You”, “Yours” or “Plaintiff” refers to Plaintiff, VENISSA DRIGGERS, as Personal
Representative of the Estate of DAVID B. FLICK, Deceased.
@ “The Decedent” refers to DAVID B. FLICK, deceased.
GQ) The name “HPC” refers to the Defendant, HOOTERS OF PORT CHARLOTTE,
INC., and where applicable, its directors, officers, employees, affiliates, subsidiaries and agents.
(k) The “Accident” refers to the motor vehicle accident involving the death of the
Decedent as alleged in the Complaint.
@ This Request for Production calls for production of all responsive Documents in your
possession, custody or control without regard to physical location of said Document.
Control means in your possession, custody or control or under your direction, and includes
in the possession, custody or control of those under the direction of you and your employees,
subordinates, counsel, accountant, consultant, expert, parent or affiliated corporation, and any person
purporting to act on your behalf.
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(m) All Documents shall be originals unless otherwise indicated. If your original is a
photocopy or other copy, then the photocopy shall be produced as the original.
(n) Unless another time period is specified, this Request for Production is addressed to
documents created since December 31, 2010 and ending on the date of compliance with this Request
for Production.
(0) If you possess no Documents responsive to a paragraph in this Request, state this fact,
specifying the paragraph concerned.
(p) If you object in part to any Request for Production, produce the portion of the
Documents requested to which you do not object, and state your objections to the remainder.
(q) As required by Fla. R. Civ. P. 1.280(b)(5), if you (including your attorneys and
agents) are withholding information otherwise discoverable under these rules by claiming that it is
subject to any privilege or subject to protection as trial preparation material you (including your
attorneys and agents):
1 Shall make the claim expressly, specify the type of privilege, and describe the nature
of the documents, communications, or things not produced or disclosed in a manner that, without
revealing information itself privileged or protected, that will enable Plaintiff to assess the
applicability of the privilege or protection.
2 Provide a brief description of the document, including: (i) the date of the document;
(ii) number of pages, attachments and appendices; (iii) the names of its author, authors, preparers
and an identification by employment and title of each such person; (iv) the name of each person who
has sent, been shown, or blind carbon copied on the documents, or has had access to or custody of
the document, together with an identification of each such person; and (vii) in the case of any
document relating or referring to a meeting or conversation, and identification of such meeting or
conversation.
(q) When appropriate, the singular form of a word should be interpreted in the plural as
may be necessary to bring within the scope hereof any documents which might otherwise be
construed to be outside the scope hereof.
INCOMPLETE RESPONSE
This is a continuing request for the production of documents but only to the extent allowed
by Fla. R. Civ. P. 1.280(e). At such time as you become aware of the existence of any additional
documents responsive to this Request which indicates that your response was not complete when
made, you are hereby requested to produce such documents promptly.
DESTROYED DOCUMENTS
Ifany documents responsive to this Request were at one time in existence, but have been lost
or destroyed, a list should be provided of the documents so lost or destroyed stating the following
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information for each such document: (a) the type of document; (b) the date on which it ceased to
exist; (c) the circumstances of its loss or destruction; (d) the identity of all persons having
knowledge; and (e) the identify of all persons having knowledge of its contents.
DOCUMENTS TO BE PRODUCED
1 All accident and incident reports generated with respect to the Accident.
2 All reports generated by North Port Police Department, or any other municipality or
fire rescue, with respect to the Accident.
3 All statements (written or recorded) given to police offers, investigators and/or
medical staff with regard to the Accident.
4 A copy of the driver’s license (front and back) of You and the Decedent.
5 A copy of all insurance policies, cards and declaration sheets providing medical
benefits or coverage to the Decedent for the ten (10) year period prior to the Subject Accident.
6. A copy ofall photographs, videos, graphs, charts and other documentary evidence of
the Accident.
8 A copy of the death certificate for the Decedent.
9 Copies of any and all marriage certificates for any marriage of the Decedent.
10. All documents and materials filed in probate relating to the Decedent.
11. Decedent’s tax returns, whether joint or single returns filed during the seven (7) years
preceding the Accident.
12. Copies of all Decedent’s estate tax returns, both Federal and State.
13. Copies of any and all gift tax returns filed by Decedent during the last seven (7)
years.
14. Copies of any and all financial statements prepared by the Decedent for use by banks,
lending institutions, mortgage brokers, etc. during the five (5) year period prior to the Accident.
15. Documents which evidence the Decedent’s employment for the three (3) year period
prior to the Accident.
16. Copies of any and all photographs, videotapes, graphs, charts and other documentary
evidence, that are pertinent to the events sued upon in this case to include, but not be limited to the
(a) the Accident; (b) the scene of the Accident (c) the Decedent before and after demise; (d)
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photographs evidencing accomplishments of Decedent taken within five (5) year preceding his
demise; (e) photographs contained in family albums; and (f) photographs and videos depicting the
Decedent with his Survivors (Vanissa Driggers and David A. Flick) taken within the five (5) year
period prior to the Accident.
17. A copy of any and all demands made to Defendants with regard to the Accident.
18 All documents that support the claim for loss of net accumulation of the value of the
Estate of the Decedent.
19, All documents that support the claim for medical, funeral and burial expenses for the
Decedent.
20. A photocopy of Your and the Decedent’s Social Security cards.
21. A photocopy of the Decedent’s passport and all stamped pages, green card, birth
certificate or other evidence of legal residency.
22. All reports rendered by experts applicable to any and all issues in this litigation.
23. All documents which support each and every claim for damages which Plaintiff
claims in this matter, including those described in Paragraph 47 (including all subparts) of the
Complaint.
24. All documents and evidence which Plaintiff reasonably expects to offer at trial.
25. All curriculum vitae of any and all experts who have or are expected to render
opinions as to any issue raised by the Complaint and pleadings in this action.
26. Documents, materials and evidence identified in Plaintiff's Answers to HPC’s
Interrogatories or which otherwise support Plaintiff's Answers to HPC’s Interrogatories.
27. Documents, materials and evidence that relate to, concern or support the facts and
allegations set forth in Paragraph 22 of the Complaint, that MARK BARCIA (“Barcia”) was
habitually addicted to alcoholic beverages and/or was a habitual drunkard prior to December 31,
2019.
28. Documents, materials and evidence that relate to, concern or support the facts and
allegations set forth in Paragraphs 23 and 42 of the Complaint, that HPC knew that Barcia was
habitually addicted to alcoholic beverages and/or was a habitual drunkard prior to December 31,
2019.
29. Documents, materials and evidence that relate to, concern or support the facts and
allegations set forth in Paragraph 27 of the Complaint, that Barcia was a regular patron of HPC and
was frequently served alcohol to the point that he was noticably intoxicated.
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30. Documents, materials and evidence that relate to, concern or support the facts and
allegations set forth in Paragraphs 44 and 45 of the Complaint, that HPC served Barcia alcohol on
December 31, 2019.
31. Documents, materials and evidence that relate to, concern or support the facts and
allegations set forth in the Complaint that the Decedent consumed alcohol at the businesses of BWR
NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT
PARTNERS, LLC d/b/a TGI FRIDAYS, and JACKMONT HOSPITALITY, INC. d/b/a TGI
FRIDAYS on December 31, 2019 prior to the Accident.
32. Written or recorded statements that are in the possession of Plaintiff or Plaintiff's
attorneys or agents relating to the allegations contained in the Complaint.
33. All medical records, including invoices and receipts pertaining to the care, treatment,
therapy and/or counseling the Decedent received by all physicians, psychiatrists, therapists,
counselors, or any other health care provider for any alleged medical, mental, or emotional problem
and/or emotional distress or physical manifestation of alleged emotional distress for the five (5) years
prior to the Subject Accident for any reason whatsoever.
34. Any and all life insurance policies for the Decedent in effect at the time of the
Subject Accident.
35. A copy of the front and back of any and all of the Decedent’s health insurance cards.
36. A copy of any and all conditional payment letters or letters stating a lien amount,
received from Medicare, Medicaid, a Medicare Advantage Plan, the Social Security Administration,
health insurance provider or any other such entity providing benefits to Plaintiff and/or the Decent
relative to the Subject Accident. If a conditional payment letter has not been issued as of the date
of this request, please produce such letter or updated letters, when they are received by Plaintiff.
37. Copies of any and all bills forwarded to Medicare, Medicaid, a Medicare Advantage
Plan, the Social Security Administration or any other such entity providing benefits to Plaintiff
and/or the Decedent relative to the Subject Accident.
38. Documents and materials evidencing the lost support and services damages that
Youand David A. Flick are claiming as survivors in accordance with Florida Statute Section 768.21,
as a result of the death of the Decedent.
39. Documents and materials evidencing the property and money that the Decedent
provided to You and David A. Flick within the three (3) year period prior to his death.
40. Documents and materials evidencing the tasks that the Decedent used to perform for
You and David A. Flick prior to his death, which are now an expense.
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41. Documents and materials evidencing the mental pain and suffering You and David
A. Flick are claiming as a result of the Decedent’s death, in accordance with Florida Statute Section
768.21.
42. Documents and materials evidencing the loss of prospective net accumulations
of the Deceased’s estate, which might reasonably have been expected but for his death.
43. Account statements for all the bank accounts maintained by the Decedent for the
three (3) year period prior to the Accident.
44, Account statements for the credit card accounts maintained by the Decedent for
the three (3) year period prior to the Accident.
45. Documents which identify the bank accounts maintained by the Decedent for the three
(3) year period prior to the Accident.
46. Documents which identify the credit card accounts maintained by the Decedent for
the three (3) year period prior to the Accident.
47. Documents and materials evidencing what the Decedent spent money purchasing
within the two (2) year period prior to the Accident.
48. Documents and materials evidencing the Decedent’s educational background,
including the educational institutions, high schools, colleges, technical institutes, vocational
facilities, etc., that he attended.
49. Documents and materials evidencing the residences of the Decedent within the five
(5) year period prior to the Accident.
50. Documents and materials evidencing the telephone number(s), telephone carriers and
account numbers for the phones regularly used by You, David A. Flick and the Decedent for the
three (3) year period prior to the Accident.
51. Documents, materials and evidence of claims or creditors against the Estate of
the Decedent.
$2. All electric, cable and water bills and statements for the Decedent’s residence(s) for
the two (2) year period prior to the Accident.
53. All monthly mortgage statements, tax and interest statements for the Decedent’s
residence(s) for the two (2) year period prior to the Accident.
RITTER CHUSID, LLP, ATTORNEYS AT LAW
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CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via
electronic mail on this 24" day of May, 2021 to: All Counsel of Record on the Attached Service
List.
RITTER CHUSID, LLP
Counsel for Defendant, HOOTERS OF PORT
CHARLOTTE, INC.
5850 Coral Ridge Drive, Suite 201
Coral Springs, Florida 33076
Telephone: (954) 340-2200
Facsimile: (954) 340-2210
By: 4s/ James F. Sposato
Mitchel Chusid, Esq.
Florida Bar No.: 879282
mehusid@ritterchusid.com
James F. Sposato, Esq.
Florida Bar No,: 644171
jsposato@ritterchusid.com
RITTER CHUSID, LLP, ATTORNEYS AT LAW
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SERVICE LIST
CASE NO.: 21-000410-CA
Randall L. Spivey, Esq.
Spivey Law Firm, Personal Injury Attorneys, P.A.
13400 Parker Commons Boulevard
Fort Myers, Florida 33912
Tel: 239-337-7483
Fax: 239-337-7484
andall@spiveylaw.com
Counsel for Plaintiff
Howard William Holden, Esq.
Luks Santaniello, et al.
1422 Hendry Street, 3“ Floor
Fort Myers, Florida 33901
Tel: 239-561-2828
Fax: 239-561-2841
hholden@Is-law.com
Counsel for BWR North Port, LLC
RITTER CHUSID, LLP, ATTORNEYS AT LAW
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Filing # 127382394 E-Filed 05/24/2021 12:23:16 PM IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA of the Estate of DAVID B. FLICK, Deceased, Plaintiff, vs. MARK BARCIA, HOOTERS OF PORT CHARLOTTE, INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, AND JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, Defendants. / DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S, LLC,’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, HOOTERS OF PORT CHARLOTTE, INC. (“HPC”), by and through its undersigned counsel, hereby files this First Request for Production of Documents directed to Plaintiff, VENISSA DRIGGERS, as Personal Representative of the Estate of DAVID B. FLICK, Deceased, pursuant to Fla. R. Civ. P. 1.350. The Plaintiff is requested to produce true, correct and complete copies of the following materials to HPC’s undersigned counsel within thirty (30) days from the date of service of this Request for Production. DEFINITIONS AND INSTRUCTIONS (a) “Communication” means every manner or means of disclosure, transfer or exchange of information whether orally, written, including by not limited to by telephone, face-to-face conversation, facsimile, telegram, mail, personal delivery document or otherwise. (b) “Document” means the original (or exact copies) and drafts of written, recorded, or graphic matter, however produced or reproduced, of any kind or description; all copies thereof which are different in content from the original; and any electronically, magnetically, or computer stored information not existing in hard copy. The term “document” includes, but is not limited to, correspondence, records of meetings or conversations, memoranda, minutes, notes, calendars, RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210 diaries, journals, photographs, microfiche, accounts, invoices, records, contracts, plans, specifications, models, diagrams, drawings, maps, forecasts, appraisals, audio and/or video recordings or reproduction and every other means of recording upon any tangible thing. (c) “Identify” when used in reference to an individual person means to state his or her full name, present or last known address, telephone number, and his or her full name, present or last known address, telephone number, and his or her present or last known employment position, business affiliation, and business or employment address and telephone number. (d) “Identify” when used in reference to a person other than an individual person, means to state whether such person is a corporation, partnership, or other form of entity; its name, its present or last known address; its telephone number; and its principal place of business. (e) “Identify” when used in reference to a document or documents, means to state: the date of its execution, or if undated, the date it was prepared, the author, and if different, the signatory or signatories; the addressee; the type of document; the aspect(s) of the transaction, events, or facts about which the document concerns; and other identification with such particularity as you would require in a request for production pursuant to the Florida Rules of Civil Procedure. If a document was, but is no longer, in your possession, custody or control, state what disposition was made of it and the reason for its disposition and the name and address of its present or last known custodian. () “Or” shall be construed either conjunctively or disjunctively to bring within the scope of this request any information which might otherwise be construed to be outside its scope. (g) “Person” means all natural persons and entities, including without limitation: corporations, partnerships, limited partnerships, joint ventures, trusts, estates, associations, public agencies, departments, bureaus, commissions and boards. (hy “You”, “Yours” or “Plaintiff” refers to Plaintiff, VENISSA DRIGGERS, as Personal Representative of the Estate of DAVID B. FLICK, Deceased. @ “The Decedent” refers to DAVID B. FLICK, deceased. GQ) The name “HPC” refers to the Defendant, HOOTERS OF PORT CHARLOTTE, INC., and where applicable, its directors, officers, employees, affiliates, subsidiaries and agents. (k) The “Accident” refers to the motor vehicle accident involving the death of the Decedent as alleged in the Complaint. @ This Request for Production calls for production of all responsive Documents in your possession, custody or control without regard to physical location of said Document. Control means in your possession, custody or control or under your direction, and includes in the possession, custody or control of those under the direction of you and your employees, subordinates, counsel, accountant, consultant, expert, parent or affiliated corporation, and any person purporting to act on your behalf. RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210 (m) All Documents shall be originals unless otherwise indicated. If your original is a photocopy or other copy, then the photocopy shall be produced as the original. (n) Unless another time period is specified, this Request for Production is addressed to documents created since December 31, 2010 and ending on the date of compliance with this Request for Production. (0) If you possess no Documents responsive to a paragraph in this Request, state this fact, specifying the paragraph concerned. (p) If you object in part to any Request for Production, produce the portion of the Documents requested to which you do not object, and state your objections to the remainder. (q) As required by Fla. R. Civ. P. 1.280(b)(5), if you (including your attorneys and agents) are withholding information otherwise discoverable under these rules by claiming that it is subject to any privilege or subject to protection as trial preparation material you (including your attorneys and agents): 1 Shall make the claim expressly, specify the type of privilege, and describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, that will enable Plaintiff to assess the applicability of the privilege or protection. 2 Provide a brief description of the document, including: (i) the date of the document; (ii) number of pages, attachments and appendices; (iii) the names of its author, authors, preparers and an identification by employment and title of each such person; (iv) the name of each person who has sent, been shown, or blind carbon copied on the documents, or has had access to or custody of the document, together with an identification of each such person; and (vii) in the case of any document relating or referring to a meeting or conversation, and identification of such meeting or conversation. (q) When appropriate, the singular form of a word should be interpreted in the plural as may be necessary to bring within the scope hereof any documents which might otherwise be construed to be outside the scope hereof. INCOMPLETE RESPONSE This is a continuing request for the production of documents but only to the extent allowed by Fla. R. Civ. P. 1.280(e). At such time as you become aware of the existence of any additional documents responsive to this Request which indicates that your response was not complete when made, you are hereby requested to produce such documents promptly. DESTROYED DOCUMENTS Ifany documents responsive to this Request were at one time in existence, but have been lost or destroyed, a list should be provided of the documents so lost or destroyed stating the following RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210 information for each such document: (a) the type of document; (b) the date on which it ceased to exist; (c) the circumstances of its loss or destruction; (d) the identity of all persons having knowledge; and (e) the identify of all persons having knowledge of its contents. DOCUMENTS TO BE PRODUCED 1 All accident and incident reports generated with respect to the Accident. 2 All reports generated by North Port Police Department, or any other municipality or fire rescue, with respect to the Accident. 3 All statements (written or recorded) given to police offers, investigators and/or medical staff with regard to the Accident. 4 A copy of the driver’s license (front and back) of You and the Decedent. 5 A copy of all insurance policies, cards and declaration sheets providing medical benefits or coverage to the Decedent for the ten (10) year period prior to the Subject Accident. 6. A copy ofall photographs, videos, graphs, charts and other documentary evidence of the Accident. 8 A copy of the death certificate for the Decedent. 9 Copies of any and all marriage certificates for any marriage of the Decedent. 10. All documents and materials filed in probate relating to the Decedent. 11. Decedent’s tax returns, whether joint or single returns filed during the seven (7) years preceding the Accident. 12. Copies of all Decedent’s estate tax returns, both Federal and State. 13. Copies of any and all gift tax returns filed by Decedent during the last seven (7) years. 14. Copies of any and all financial statements prepared by the Decedent for use by banks, lending institutions, mortgage brokers, etc. during the five (5) year period prior to the Accident. 15. Documents which evidence the Decedent’s employment for the three (3) year period prior to the Accident. 16. Copies of any and all photographs, videotapes, graphs, charts and other documentary evidence, that are pertinent to the events sued upon in this case to include, but not be limited to the (a) the Accident; (b) the scene of the Accident (c) the Decedent before and after demise; (d) RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210 photographs evidencing accomplishments of Decedent taken within five (5) year preceding his demise; (e) photographs contained in family albums; and (f) photographs and videos depicting the Decedent with his Survivors (Vanissa Driggers and David A. Flick) taken within the five (5) year period prior to the Accident. 17. A copy of any and all demands made to Defendants with regard to the Accident. 18 All documents that support the claim for loss of net accumulation of the value of the Estate of the Decedent. 19, All documents that support the claim for medical, funeral and burial expenses for the Decedent. 20. A photocopy of Your and the Decedent’s Social Security cards. 21. A photocopy of the Decedent’s passport and all stamped pages, green card, birth certificate or other evidence of legal residency. 22. All reports rendered by experts applicable to any and all issues in this litigation. 23. All documents which support each and every claim for damages which Plaintiff claims in this matter, including those described in Paragraph 47 (including all subparts) of the Complaint. 24. All documents and evidence which Plaintiff reasonably expects to offer at trial. 25. All curriculum vitae of any and all experts who have or are expected to render opinions as to any issue raised by the Complaint and pleadings in this action. 26. Documents, materials and evidence identified in Plaintiff's Answers to HPC’s Interrogatories or which otherwise support Plaintiff's Answers to HPC’s Interrogatories. 27. Documents, materials and evidence that relate to, concern or support the facts and allegations set forth in Paragraph 22 of the Complaint, that MARK BARCIA (“Barcia”) was habitually addicted to alcoholic beverages and/or was a habitual drunkard prior to December 31, 2019. 28. Documents, materials and evidence that relate to, concern or support the facts and allegations set forth in Paragraphs 23 and 42 of the Complaint, that HPC knew that Barcia was habitually addicted to alcoholic beverages and/or was a habitual drunkard prior to December 31, 2019. 29. Documents, materials and evidence that relate to, concern or support the facts and allegations set forth in Paragraph 27 of the Complaint, that Barcia was a regular patron of HPC and was frequently served alcohol to the point that he was noticably intoxicated. RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210 30. Documents, materials and evidence that relate to, concern or support the facts and allegations set forth in Paragraphs 44 and 45 of the Complaint, that HPC served Barcia alcohol on December 31, 2019. 31. Documents, materials and evidence that relate to, concern or support the facts and allegations set forth in the Complaint that the Decedent consumed alcohol at the businesses of BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, and JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS on December 31, 2019 prior to the Accident. 32. Written or recorded statements that are in the possession of Plaintiff or Plaintiff's attorneys or agents relating to the allegations contained in the Complaint. 33. All medical records, including invoices and receipts pertaining to the care, treatment, therapy and/or counseling the Decedent received by all physicians, psychiatrists, therapists, counselors, or any other health care provider for any alleged medical, mental, or emotional problem and/or emotional distress or physical manifestation of alleged emotional distress for the five (5) years prior to the Subject Accident for any reason whatsoever. 34. Any and all life insurance policies for the Decedent in effect at the time of the Subject Accident. 35. A copy of the front and back of any and all of the Decedent’s health insurance cards. 36. A copy of any and all conditional payment letters or letters stating a lien amount, received from Medicare, Medicaid, a Medicare Advantage Plan, the Social Security Administration, health insurance provider or any other such entity providing benefits to Plaintiff and/or the Decent relative to the Subject Accident. If a conditional payment letter has not been issued as of the date of this request, please produce such letter or updated letters, when they are received by Plaintiff. 37. Copies of any and all bills forwarded to Medicare, Medicaid, a Medicare Advantage Plan, the Social Security Administration or any other such entity providing benefits to Plaintiff and/or the Decedent relative to the Subject Accident. 38. Documents and materials evidencing the lost support and services damages that Youand David A. Flick are claiming as survivors in accordance with Florida Statute Section 768.21, as a result of the death of the Decedent. 39. Documents and materials evidencing the property and money that the Decedent provided to You and David A. Flick within the three (3) year period prior to his death. 40. Documents and materials evidencing the tasks that the Decedent used to perform for You and David A. Flick prior to his death, which are now an expense. RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210 41. Documents and materials evidencing the mental pain and suffering You and David A. Flick are claiming as a result of the Decedent’s death, in accordance with Florida Statute Section 768.21. 42. Documents and materials evidencing the loss of prospective net accumulations of the Deceased’s estate, which might reasonably have been expected but for his death. 43. Account statements for all the bank accounts maintained by the Decedent for the three (3) year period prior to the Accident. 44, Account statements for the credit card accounts maintained by the Decedent for the three (3) year period prior to the Accident. 45. Documents which identify the bank accounts maintained by the Decedent for the three (3) year period prior to the Accident. 46. Documents which identify the credit card accounts maintained by the Decedent for the three (3) year period prior to the Accident. 47. Documents and materials evidencing what the Decedent spent money purchasing within the two (2) year period prior to the Accident. 48. Documents and materials evidencing the Decedent’s educational background, including the educational institutions, high schools, colleges, technical institutes, vocational facilities, etc., that he attended. 49. Documents and materials evidencing the residences of the Decedent within the five (5) year period prior to the Accident. 50. Documents and materials evidencing the telephone number(s), telephone carriers and account numbers for the phones regularly used by You, David A. Flick and the Decedent for the three (3) year period prior to the Accident. 51. Documents, materials and evidence of claims or creditors against the Estate of the Decedent. $2. All electric, cable and water bills and statements for the Decedent’s residence(s) for the two (2) year period prior to the Accident. 53. All monthly mortgage statements, tax and interest statements for the Decedent’s residence(s) for the two (2) year period prior to the Accident. RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via electronic mail on this 24" day of May, 2021 to: All Counsel of Record on the Attached Service List. RITTER CHUSID, LLP Counsel for Defendant, HOOTERS OF PORT CHARLOTTE, INC. 5850 Coral Ridge Drive, Suite 201 Coral Springs, Florida 33076 Telephone: (954) 340-2200 Facsimile: (954) 340-2210 By: 4s/ James F. Sposato Mitchel Chusid, Esq. Florida Bar No.: 879282 mehusid@ritterchusid.com James F. Sposato, Esq. Florida Bar No,: 644171 jsposato@ritterchusid.com RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210 SERVICE LIST CASE NO.: 21-000410-CA Randall L. Spivey, Esq. Spivey Law Firm, Personal Injury Attorneys, P.A. 13400 Parker Commons Boulevard Fort Myers, Florida 33912 Tel: 239-337-7483 Fax: 239-337-7484 andall@spiveylaw.com Counsel for Plaintiff Howard William Holden, Esq. Luks Santaniello, et al. 1422 Hendry Street, 3“ Floor Fort Myers, Florida 33901 Tel: 239-561-2828 Fax: 239-561-2841 hholden@Is-law.com Counsel for BWR North Port, LLC RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210