Preview
Electronically Filed 11/07/2013 03:38:29 PM ET
IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NUMBER: 10-6129 CC 26 (03)
CARE RESOURCES GROUP, LLC.,
(a/a/o Manuel Bertran Lombardo),
Plaintiff,
vs.
PROGRESSIVE AMERICAN
INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFEF’S PIP REQUEST TO PRODUCE
COMES NOW, the Defendant, PROGRESSIVE AMERICAN INSURANCE
COMPANY, by and through the undersigned attorney, and pursuant to Rule 1.350, Fla. R. Civ.
P., responds to Plaintiff's PIP Request to Produce as follows:
1. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.
2. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.
3. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.
4. None.
5. Please refer to the accident report for the alleged accident attached in Composite Exhibit
“A” which will be served via regular U.S. Mail.
6. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.
7. None.
8. Objection; vague, ambiguous and overbroad. Without waiving said objection, please refer
to the PIP payment log attached in Composite Exhibit “A” which will be served via
regular U.S. Mail.
9. No statements have been transcribed to date.17.
18.
19.
20.
21.
22.
23.
24,
25.
26.
No statements have been transcribed to date.
None.
Objection; work product privilege. Without waiving said objection, none in PIP file.
The expert witnesses Defendant intends to call are unknown at this time. Defendant will
provide said information when it becomes available.
Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.
All non-privilege documents are attached in Composite Exhibit “A” which will be served
via regular U.S. Mail.
Objection; vague and ambiguous. Without waiving said objection, all non-privilege
documents are attached in Composite Exhibit “A” which will be served via regular U.S.
Mail.
Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.
Objection; vague, ambiguous and irrelevant.
Objection; vague, ambiguous and irrelevant.
Attached in Composite Exhibit “A” which will be served via regular U.S. Mail
None.
Objection; this request calls for documents protected by the work product privilege
and/or attorney client privilege. In order to comply with Rule 1.280(5), Florida Rules of
Civil Procedure, Defendant states the documents being withheld as work product and/or
attorney-client privilege are: any and all adjuster notes, claims notes, dossier, and any and
all communications between the Defendant and the law firm of Adams & Diaco, P.A..
Adjuster’s notes are computer based and contain the thoughts, strategies and decisions of
the adjusters who worked on the claim as well as conversations with counsel. The notes
are dated beginning with the notice of claim and continue all the way through to date.
The adjuster’s notes were prepared in anticipation of litigation. (See Allstate v. Langston,
655 So. 2d 91 (Fla. 1995). Without waiving said objection, all non-privileged documents
are attached in Composite Exhibit “A” which will be served via regular U.S. Mail.
Objection; attorney/ client privilege, work product, privacy, irrelevant.
No statements have been transcribed to date.
Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.
Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.27. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.
28. None in PIP file.
29. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.
30. None.
31. None.
32. Objection; vague, ambiguous, irrelevant, burdensome. Without waiving said objection,
all non-privilege documents are attached in Composite Exhibit “A” which will be served
via regular U.S. Mail.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
electronic mail to: Neil M. Gonzalez, Esq., Law Office of Gonzalez & Associates, LLC, 5999
Biscayne Boulevard, Miami, Florida 33137 MiamiPIPpleadingservice@ngonzalezlaw.com this
__7__day of November, 2013.
ADAMS & DIACO, P.A.
{s/
RODNEY L. MCLELLAN, ESQUIRE
Courthouse Tower
44 W. Flagler Street, Ste. 1675
Miami, FL 33130
(305) 374-7900
FBN 88080
Attorney for Defendant
Designated service e-mail: mseide@adamsdiaco.com
Preview
Electronically Filed 11/07/2013 03:38:29 PM ET IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NUMBER: 10-6129 CC 26 (03) CARE RESOURCES GROUP, LLC., (a/a/o Manuel Bertran Lombardo), Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFEF’S PIP REQUEST TO PRODUCE COMES NOW, the Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, by and through the undersigned attorney, and pursuant to Rule 1.350, Fla. R. Civ. P., responds to Plaintiff's PIP Request to Produce as follows: 1. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail. 2. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail. 3. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail. 4. None. 5. Please refer to the accident report for the alleged accident attached in Composite Exhibit “A” which will be served via regular U.S. Mail. 6. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail. 7. None. 8. Objection; vague, ambiguous and overbroad. Without waiving said objection, please refer to the PIP payment log attached in Composite Exhibit “A” which will be served via regular U.S. Mail. 9. No statements have been transcribed to date.17. 18. 19. 20. 21. 22. 23. 24, 25. 26. No statements have been transcribed to date. None. Objection; work product privilege. Without waiving said objection, none in PIP file. The expert witnesses Defendant intends to call are unknown at this time. Defendant will provide said information when it becomes available. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail. All non-privilege documents are attached in Composite Exhibit “A” which will be served via regular U.S. Mail. Objection; vague and ambiguous. Without waiving said objection, all non-privilege documents are attached in Composite Exhibit “A” which will be served via regular U.S. Mail. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail. Objection; vague, ambiguous and irrelevant. Objection; vague, ambiguous and irrelevant. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail None. Objection; this request calls for documents protected by the work product privilege and/or attorney client privilege. In order to comply with Rule 1.280(5), Florida Rules of Civil Procedure, Defendant states the documents being withheld as work product and/or attorney-client privilege are: any and all adjuster notes, claims notes, dossier, and any and all communications between the Defendant and the law firm of Adams & Diaco, P.A.. Adjuster’s notes are computer based and contain the thoughts, strategies and decisions of the adjusters who worked on the claim as well as conversations with counsel. The notes are dated beginning with the notice of claim and continue all the way through to date. The adjuster’s notes were prepared in anticipation of litigation. (See Allstate v. Langston, 655 So. 2d 91 (Fla. 1995). Without waiving said objection, all non-privileged documents are attached in Composite Exhibit “A” which will be served via regular U.S. Mail. Objection; attorney/ client privilege, work product, privacy, irrelevant. No statements have been transcribed to date. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail.27. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail. 28. None in PIP file. 29. Attached in Composite Exhibit “A” which will be served via regular U.S. Mail. 30. None. 31. None. 32. Objection; vague, ambiguous, irrelevant, burdensome. Without waiving said objection, all non-privilege documents are attached in Composite Exhibit “A” which will be served via regular U.S. Mail. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by electronic mail to: Neil M. Gonzalez, Esq., Law Office of Gonzalez & Associates, LLC, 5999 Biscayne Boulevard, Miami, Florida 33137 MiamiPIPpleadingservice@ngonzalezlaw.com this __7__day of November, 2013. ADAMS & DIACO, P.A. {s/ RODNEY L. MCLELLAN, ESQUIRE Courthouse Tower 44 W. Flagler Street, Ste. 1675 Miami, FL 33130 (305) 374-7900 FBN 88080 Attorney for Defendant Designated service e-mail: mseide@adamsdiaco.com