Preview
Filing # 125589463 E-Filed 04/26/2021 01:13:11 PM
IN THE COUNTY COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
MICHAEL HORNER, CASE NO.: 2019-SC-1327
Plaintiff,
Vv.
UNIVERSAL PROPERTY AND
CASUALTY INSURANCE COMPANY,
Defendant.
PLAINTIFF’S FIRST REQUEST FOR THE PRODUCTION OF DOCUMENTS
Pursuant to Rule 1.350 of the Florida Rules of Civil
Procedure, Plaintiff, MICHAEL HORNER, directs Defendant, UNIVERSAL
PROPERTY AND CASUALTY INSURANCE COMPANY, this request for
production of documents, seeking the production of documents
described below, within thirty (30) days from the date of service
of this request.
DEFINITIONS AND INSTRUCTIONS
1. “You”, “your”, or “Plaintiff” means the Plaintiff,
UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, and also
includes any of its past or present employees, officers, directors,
agents, representatives and attorneys, as well as any and all
predecessor or successor companies, any assignee or representative
thereof, any and all present and former officers, directors,
representatives, agents, attorneys, employees, subsidiaries, or
Page 1 of 6
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 04/26/2021 01:58:46 PMother persons acting or purporting to act on its behalf or
direction.
2. “Relating to” or “relate to” means, without limitation,
consisting of, referring to, describing, discussing, constituting,
identifying, evidencing, containing, reflecting, mentioning,
concerning, pertaining to, citing, summarizing, alluding to,
analyzing, or bearing any logical or factual connection with the
matter discussed.
3. “Document” means any medium upon or through which
intelligence or information may be recorded or retrieved, and
includes, without limitation, the original and each copy,
regardless of origin and location, of any book, pamphlet, letter,
Memorandum (including any memorandum or report of a meeting or
conversation), invoice, bill, order form, receipt, financial
statement, accounting entry, diary, calendar, facsimile, e-mail,
telex, telegram, cable, report, record, contract, agreement,
study, handwritten note, draft, working paper, chart, paper,
print, graph, index, list, tape, sound recording, photograph,
microfilm, data sheet or data processing card, or any other
written, recorded, transcribed, punched, taped, filmed, or graphic
Matter, however reproduced, which is in your possession, custody
or control (which shall be deemed to include, without limitation,
matters within the possession or custody of your present_or former
agents or attorneys) or which was, but is no longer, in your
Page 2 of 6possession, custody or control. “Document” is used in its broadest
sense and includes “documents,” “other tangible things,” and any
other materials within the scope of Fla. R. Civ. P. 1.280.
4. “Communication” means any oral or written utterance,
notation, or statement of any nature whatsoever, by and to
whomsoever made, including, but not limited to, correspondence,
conversations, dialogues, discussions, interviews, consultations,
agreements, and other understandings between or among two or more
persons or entities.
5. The “Property” means the real property located at 1111
Oak Drive, Leesburg, Florida 34748.
6. As used herein, the singular shall be deemed to include
the plural and vice versa; the masculine shall be deemed to include
the feminine and vice versa; the disjunctive (“or”) shall be deemed
to include the conjunctive (“and”) and vice versa; and each of the
functional words “each”, “every”, and “any” and “all” shall be
deemed to include each of the other functional words.
7. You are to produce all materials at the Law Office of
Zachary J. McCormick, 210 North Texas Avenue, Tavares, Florida
32778, within the time set forth in this request.
8. If you desire confidentiality for business reasons for
any of the discovery sought, contact the undersigned attorney
immediately with proposed language for an agreement to that effect,
Page 3 of 6identifying all types of documents for which protection is sought
and the reasons for their confidentiality.
9. These requests seek all documents in your possession,
custody, or control, from whatever source obtained, including
documents in the possession of any of your present and former
officers, directors, employees, agents, attorneys, investigators,
accountants, or consultants. The documents produced in response to
these requests shall be (1) organized and designated to correspond
to the categories in these requests; or (2) produced as they were
kept in the usual course of business. All documents which cannot
legibly copied shall be produced in their original form.
10. For all materials for which you claim attorney-client
privilege, provide an appropriate privilege log containing the
type of materials (i.e. letter, contract, memorandum, notes,
etc.), the date of the material, the author and recipient of the
Material, and the type of medium (i.e. document, photograph,
sketch, diagram, blueprints, computer disks, etc.)
DOCUMENTS "REQUESTED
1. A complete copy of Plaintiff’s insurance policy (#892-
055-852) with Defendant for the Property that existed on June 30,
2018.
2. Any and all documents referencing Plaintiff’s insurance
policy (#892-055-852) with Defendant for the Property.
Page 4 of 63. Any and all correspondence between the Plaintiff and
Defendant referencing the Property.
fe
Respectfully submitted this day, April 6 , 2021.
LAW OFFICE OF ZACHARY J.
McCO! K, PLLC
Cc
q Zachary J. McCormick
Florida Bar No. 086137
O Andrew Buchmann
Florida Bar No. 1024988
P.O. Box 1116
210 N. Texas Ave.,
Tavares, FL 32778
Zach@attorneycfl.com
Info@attorneycfl.com
(352) 742-7474
Counsel for the Plaintiff
Page 5 of 6CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
“Plaintiff’s First Request For The Production Of Documents” has
been furnished to Counsel for Defendant, Jason R. Urbanowicz, Esq.
at 491 Montgomery Place, Suite 2001, Altamonte Springs, FL 32714,
ju1010@universalproperty.com,
upciceservice05@universalproperty.com and
1b1101@universalproperty.com and that service thereon has been
affected by one or more of the following: hand delivery/electronic
transmission/US Postal Service on this the L Co" aay of April,
2021.
LAW OFFICE OF ZACHARY J.
McCORMICK, PLLC
Zachary J. McCormick
Florida Bar No. 086137
O Andrew Buchmann
Florida Bar No. 1024988
P.O. Box 1116
210 N. Texas Ave.,
Tavares, FL 32778
Zach@attorneycfl.com
Info@attorneycfl.com
(352) 742-7474
Counsel for the Plaintiff
Page 6 of 6
Preview
Filing # 125589463 E-Filed 04/26/2021 01:13:11 PM IN THE COUNTY COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA MICHAEL HORNER, CASE NO.: 2019-SC-1327 Plaintiff, Vv. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. PLAINTIFF’S FIRST REQUEST FOR THE PRODUCTION OF DOCUMENTS Pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, Plaintiff, MICHAEL HORNER, directs Defendant, UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, this request for production of documents, seeking the production of documents described below, within thirty (30) days from the date of service of this request. DEFINITIONS AND INSTRUCTIONS 1. “You”, “your”, or “Plaintiff” means the Plaintiff, UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, and also includes any of its past or present employees, officers, directors, agents, representatives and attorneys, as well as any and all predecessor or successor companies, any assignee or representative thereof, any and all present and former officers, directors, representatives, agents, attorneys, employees, subsidiaries, or Page 1 of 6 FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 04/26/2021 01:58:46 PMother persons acting or purporting to act on its behalf or direction. 2. “Relating to” or “relate to” means, without limitation, consisting of, referring to, describing, discussing, constituting, identifying, evidencing, containing, reflecting, mentioning, concerning, pertaining to, citing, summarizing, alluding to, analyzing, or bearing any logical or factual connection with the matter discussed. 3. “Document” means any medium upon or through which intelligence or information may be recorded or retrieved, and includes, without limitation, the original and each copy, regardless of origin and location, of any book, pamphlet, letter, Memorandum (including any memorandum or report of a meeting or conversation), invoice, bill, order form, receipt, financial statement, accounting entry, diary, calendar, facsimile, e-mail, telex, telegram, cable, report, record, contract, agreement, study, handwritten note, draft, working paper, chart, paper, print, graph, index, list, tape, sound recording, photograph, microfilm, data sheet or data processing card, or any other written, recorded, transcribed, punched, taped, filmed, or graphic Matter, however reproduced, which is in your possession, custody or control (which shall be deemed to include, without limitation, matters within the possession or custody of your present_or former agents or attorneys) or which was, but is no longer, in your Page 2 of 6possession, custody or control. “Document” is used in its broadest sense and includes “documents,” “other tangible things,” and any other materials within the scope of Fla. R. Civ. P. 1.280. 4. “Communication” means any oral or written utterance, notation, or statement of any nature whatsoever, by and to whomsoever made, including, but not limited to, correspondence, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings between or among two or more persons or entities. 5. The “Property” means the real property located at 1111 Oak Drive, Leesburg, Florida 34748. 6. As used herein, the singular shall be deemed to include the plural and vice versa; the masculine shall be deemed to include the feminine and vice versa; the disjunctive (“or”) shall be deemed to include the conjunctive (“and”) and vice versa; and each of the functional words “each”, “every”, and “any” and “all” shall be deemed to include each of the other functional words. 7. You are to produce all materials at the Law Office of Zachary J. McCormick, 210 North Texas Avenue, Tavares, Florida 32778, within the time set forth in this request. 8. If you desire confidentiality for business reasons for any of the discovery sought, contact the undersigned attorney immediately with proposed language for an agreement to that effect, Page 3 of 6identifying all types of documents for which protection is sought and the reasons for their confidentiality. 9. These requests seek all documents in your possession, custody, or control, from whatever source obtained, including documents in the possession of any of your present and former officers, directors, employees, agents, attorneys, investigators, accountants, or consultants. The documents produced in response to these requests shall be (1) organized and designated to correspond to the categories in these requests; or (2) produced as they were kept in the usual course of business. All documents which cannot legibly copied shall be produced in their original form. 10. For all materials for which you claim attorney-client privilege, provide an appropriate privilege log containing the type of materials (i.e. letter, contract, memorandum, notes, etc.), the date of the material, the author and recipient of the Material, and the type of medium (i.e. document, photograph, sketch, diagram, blueprints, computer disks, etc.) DOCUMENTS "REQUESTED 1. A complete copy of Plaintiff’s insurance policy (#892- 055-852) with Defendant for the Property that existed on June 30, 2018. 2. Any and all documents referencing Plaintiff’s insurance policy (#892-055-852) with Defendant for the Property. Page 4 of 63. Any and all correspondence between the Plaintiff and Defendant referencing the Property. fe Respectfully submitted this day, April 6 , 2021. LAW OFFICE OF ZACHARY J. McCO! K, PLLC Cc q Zachary J. McCormick Florida Bar No. 086137 O Andrew Buchmann Florida Bar No. 1024988 P.O. Box 1116 210 N. Texas Ave., Tavares, FL 32778 Zach@attorneycfl.com Info@attorneycfl.com (352) 742-7474 Counsel for the Plaintiff Page 5 of 6CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing “Plaintiff’s First Request For The Production Of Documents” has been furnished to Counsel for Defendant, Jason R. Urbanowicz, Esq. at 491 Montgomery Place, Suite 2001, Altamonte Springs, FL 32714, ju1010@universalproperty.com, upciceservice05@universalproperty.com and 1b1101@universalproperty.com and that service thereon has been affected by one or more of the following: hand delivery/electronic transmission/US Postal Service on this the L Co" aay of April, 2021. LAW OFFICE OF ZACHARY J. McCORMICK, PLLC Zachary J. McCormick Florida Bar No. 086137 O Andrew Buchmann Florida Bar No. 1024988 P.O. Box 1116 210 N. Texas Ave., Tavares, FL 32778 Zach@attorneycfl.com Info@attorneycfl.com (352) 742-7474 Counsel for the Plaintiff Page 6 of 6