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Filing # 132563250 E-Filed 08/12/2021 02:26:32 PM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT,
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 50-2020-CA-007654-XXXX-MB
MARIA PETROVITCH,
PLAINTIFF,
v.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
DEFENDANT.
See ee eee eee eee
PLAINTIFF’S FIRST SUPPLEMENTAL
REQUEST FOR PRODUCTION TO DEFENDANT
COMES NOW, Plaintiff, MARIA PETROVITCH (“Plaintiff”), by and through the
undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby requests that Defendant,
UNITED PROPERTY & CASUALTY INSURANCE COMPANY (“Defendant”), furnish
copies of the following documents to the offices of the undersigned attomey:
INSTRUCTIONS FOR ANSWERING
A. You are required, in responding to this Request, to obtain and furnish all information
available to you and any of your representatives, employees, agents, brokers, servants, or
attomeys, and to obtain and furnish all information that is in your possession or under your
control, or in the possession or under the control of any of your representatives, employees,
agents, servants, or attomeys.
B. Each request which seeks information relating in any way to communications, to, from,
or within a business and/or corporate entity, is hereby designated to demand, and should be
construed to include, all communications by and between representatives, employees, agents, of
the business and/or corporate entity.
C. Each request should be responded to separately. However, a document which is the
response to more than one request may, if the relevant portion is marked or indexed, be produced
and referred to in a later response.
D. All documents produced shall be segregated and identified by the paragraphs to which
they are primarily responsive. Where required by a particular paragraph of this Request,
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 08/12/2021 02:26:32 PM ***documents produced shall be further segregated and identified as indicated in this paragraph. For
any documents that are stored or maintained in files in the normal course of business, such
documents shall be produced in such files, or in such a manner as to preserve and identify the file
from which such documents were taken.
E. If you object to part of any request, please furnish documents responsive to the remainder
of the request.
F. Each request refers to all documents that are either known by the Defendant to exist or
that can be located or discovered by reasonably diligent efforts of the Defendant.
G. The documents produced in response to this Request shall include all attachments and
enclosures.
H. The documents requested for production include those in the possession, custody or
control of the Defendant’s agents and attorneys.
I. References to the singular include the plural.
J. The use of any tense of any verb shall be considered also to include within its meaning all
other tenses of the verb so used.
K. All documents called for by this Request or related to this Request, for which the
Defendant claims a privilege or statutory authority as a ground for not producing pursuant to the
Request shall be listed chronologically as follows:
I. The place, date and manner of recording or otherwise preparing the document;
Il. The name and title of the sender;
Il. The identity of each person or persons (other than stenographic or clerical
assistants) participating in the preparation of the document;
IV. The identity and title with Defendant{s}, if any, or the person or persons supplying
Defendant’s attorneys with the information requested above;
V. The identity of each person to whom the contents of the document have heretofore
been communicated by copy, exhibition, sketch, reading or substantial
summarization, the date of said communication, and the employer and title of said
person at the time of said communication;
VI. Type of document;
VIL Subject matter (without revealing the relevant information for which privilege or
statutory authority is claimed); and
Vill. Factual and legal basis for claim, privilege or specific statutory or regulatory
authority which provides the claimed ground for the refusal to produce the
document(s).
L. Each request to produce a document or documents shall be deemed to call for the
production of the original document or documents to the extent that they are in, or subject
to, directly or indirectly, the control of the party to whom this Request is addressed. InIL.
Ill.
addition, each request should be considered as including a request for separate production
of all copies and, to the extent applicable, preliminary drafts of documents that differ in
any respect from the original or final draft or from each other (e.g., by reason of
differences in form or content or by reason of handwritten notes or comments having
been added to one copy of a document but not on the original or other copies thereof).
. All documents produced in response to this Request shall be produced in toto
notwithstanding the fact that portions thereof may contain information not requested.
. If any documents requested herein have been lost or destroyed, the documents so lost or
destroyed shall be identified by author, date, and subject matter.
. Where exact information cannot be furnished, estimated information is to be supplied to
the extent possible. Where estimation is used, it should be so indicated, and an
explanation should be given as to the basis on which the statement was made and the
reason exact information cannot be furnished.
. With respect to any document requested which was once in the Defendant’s possession,
custody or control, but no longer is, please indicate the date and the manner in which the
document ceased to be in the Defendant’s possession, custody, or control and the name
and address of its present custodian.
DEFINITIONS
“You,” “your” and “yourself” refer to the party to whom the following requests are
addressed and the Defendant’s agents, employees and other representatives.
“Person” means natural persons, partnership, corporations and every other type of
organizations or entity.
“Identify” means when used in reference to:
i. adocument, to state separately:
i. its description (e.g. letter, report, memorandum, etc.),
ii. its date,
its subject matter,
iv. the identity of each author or signer,
v. its present location and the identity of its custodian,
ii. an oral statement, communication, conference or conversation, to state separately:
i. its date and the place where it occurred,
ii. its substance,
the identity of each person participating in the communication or
conversation, andiv. the identity of all notes, memoranda or other documents memorializing,
referring to relating to the subject matter of the statement;
iii. a natural person or persons, to state separately:
i. the full name of each such person,
ii. his or her present or last known business address and his or her present or
last known residential address, and
iii. the employer of the person at the time to which the Request is directed and
the person’s title or position at that time,
iv. an organization or entity other than a natural person (e.g., a company, corporation,
firm, association, or partnership), to state separately:
i. the full name and type of organization or entity,
ii. the date and state of organization or incorporation,
iii. the address of each of its principal places of business, and
iv. the nature of the business conducted.
“Communication” shall mean any transmission of information, the information
transmitted, and any process by which information is transmitted, and shall include
written communication and oral communication
“Document” or “documents” includes without limitation any written, typed, printed,
recorded, or graphic matter, however preserved, produced, or reproduced, of any type or
description, regardless of origin or location, including without limitation any binder,
cover note, certificate, letter, correspondence, record, table, chart, analysis, graph,
schedule, report, text, study memorandum, note, list diary, log, calendar, telex, message
(including but not limited to inter-office, and intro-office communications) questionnaire,
bill, purchase order, shipping order, contract, memorandum of contract, agreement,
license, certificate, permit, ledger, ledger entry, book of account, check, order, invoice,
receipt, statement, financial data, acknowledgement, computer or data procession card,
computer or data processing disk, computer generated matter, photograph, photographic
negative, phonograph recording, transcript or log of such recording, projection,
videotape, firm, microfiche, and all other data compilations from which information can
be obtained or translated, reports and/or summaries of investigations, drafts and revisions
of drafis of any documents and original preliminary notes or sketches, no matter how
produced or maintained, in your actual or constructive possession, custody or control, or
the existence of which you have knowledge, and whether prepared, published or released
by you or by any other person. If a document has been prepared in several copies, or
additional copies have been made or copies are not identical (or by which reason of
subsequent modification of a copy by the addition of notations or other modifications, are
no longer identical), each non-identical copy as a separate document.VI. “Relating to” means consisting of, referring to, describing, discussing, constituting,
evidencing, containing, reflecting, mentioning, concerning, pertaining to, citing,
summarizing, analyzing, or bearing any logical or factual connection with the matter
discussed.
VIL. “Claim” means a demand or assertion, whether oral or written, formal or informal, by any
person for monetary payment, the undertaking of action, or the cessation of action.
VIII. “Loss” means the Loss referred to in Plaintiff's complaint and/or statement of claim.
IX. “Consulted” or “contracted” means any form of communication, e.g., oral statements,
telephone conversations or other mechanical communications or any other type of
communication including written letters or documents.
X. “Defendant” means UNITED PROPERTY & CASUALTY INSURANCE COMPANY,
its subsidiaries, divisions, parent company, and holding company and the directors,
officers, employees, agents, representatives, and others known to you to have acted on
their respective behalf.
XI. “Management” or “manage” includes any act of directing, conducting, administering,
controlling, or handling an identified function or duty.
XII. “Any” shall also mean “all” and vice versa.
“And” shall mean “or” and “or” shall mean “and” as necessary to call for the broadest possible
answer
PLAINTIFF’S FIRST SUPPLEMENTAL
REQUEST FOR PRODUCTION TO DEFENDANT
11. Recordings of all phone calls, between September 2017 and December 2017 and the
present, between Plaintiff and/or any representatives of Plaintiff and Defendant
(including agents and employees of Defendant).
12. Please provide the dates of any phone calls, between September 2017 and the
December 2017, between Plaintiff and/or any representatives of Plaintiff and Defendant
(including agents and employees of Defendant), as well as the names of the agents or
employees of Defendant who were part of these phone calls.
13. Any portions of any claim notes that describe any statements made by Plaintiff (any any
representatives of Plaintiff) to Defendant (including agents and employees of Defendant),
for claim number 20FL00022244.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 12, 2021 a true and correct copy of the foregoing
has been furnished via E-service to: Brian W. Kelley, Esq., bkelley@wallenkelley.com;
gkelly@wallenkelley.com; Elibet Caballero, Esq., ecaballero@wallenkelley.com;
anorwitch@wallenkelley.com; cbonnet@wallenkelley.com; and Arye P. Corbett, Esq.,
arye@yourbocalawyer.com; office@yourbocalawyer.com.
By: _/s/ Michael Katz
Mordechai L. Breier, Esq.
Florida Bar No.: 0088186
Oren Reich, Esq.
Florida Bar No.: 0103371
Michael Katz, Esq.
Florida Bar No.: 1024707
CONSUMER LAW OFFICE, P.A.
633 NE 167" Street, Suite #725
North Miami Beach, FL 33162
Phone: (305) 940-0924 | Fax: (305) 602-8204
E-service: service@consumerlawoffice.com
Email: mkatz@consumerlawoffice.com
Preview
Filing # 132563250 E-Filed 08/12/2021 02:26:32 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 50-2020-CA-007654-XXXX-MB MARIA PETROVITCH, PLAINTIFF, v. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, DEFENDANT. See ee eee eee eee PLAINTIFF’S FIRST SUPPLEMENTAL REQUEST FOR PRODUCTION TO DEFENDANT COMES NOW, Plaintiff, MARIA PETROVITCH (“Plaintiff”), by and through the undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby requests that Defendant, UNITED PROPERTY & CASUALTY INSURANCE COMPANY (“Defendant”), furnish copies of the following documents to the offices of the undersigned attomey: INSTRUCTIONS FOR ANSWERING A. You are required, in responding to this Request, to obtain and furnish all information available to you and any of your representatives, employees, agents, brokers, servants, or attomeys, and to obtain and furnish all information that is in your possession or under your control, or in the possession or under the control of any of your representatives, employees, agents, servants, or attomeys. B. Each request which seeks information relating in any way to communications, to, from, or within a business and/or corporate entity, is hereby designated to demand, and should be construed to include, all communications by and between representatives, employees, agents, of the business and/or corporate entity. C. Each request should be responded to separately. However, a document which is the response to more than one request may, if the relevant portion is marked or indexed, be produced and referred to in a later response. D. All documents produced shall be segregated and identified by the paragraphs to which they are primarily responsive. Where required by a particular paragraph of this Request, *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 08/12/2021 02:26:32 PM ***documents produced shall be further segregated and identified as indicated in this paragraph. For any documents that are stored or maintained in files in the normal course of business, such documents shall be produced in such files, or in such a manner as to preserve and identify the file from which such documents were taken. E. If you object to part of any request, please furnish documents responsive to the remainder of the request. F. Each request refers to all documents that are either known by the Defendant to exist or that can be located or discovered by reasonably diligent efforts of the Defendant. G. The documents produced in response to this Request shall include all attachments and enclosures. H. The documents requested for production include those in the possession, custody or control of the Defendant’s agents and attorneys. I. References to the singular include the plural. J. The use of any tense of any verb shall be considered also to include within its meaning all other tenses of the verb so used. K. All documents called for by this Request or related to this Request, for which the Defendant claims a privilege or statutory authority as a ground for not producing pursuant to the Request shall be listed chronologically as follows: I. The place, date and manner of recording or otherwise preparing the document; Il. The name and title of the sender; Il. The identity of each person or persons (other than stenographic or clerical assistants) participating in the preparation of the document; IV. The identity and title with Defendant{s}, if any, or the person or persons supplying Defendant’s attorneys with the information requested above; V. The identity of each person to whom the contents of the document have heretofore been communicated by copy, exhibition, sketch, reading or substantial summarization, the date of said communication, and the employer and title of said person at the time of said communication; VI. Type of document; VIL Subject matter (without revealing the relevant information for which privilege or statutory authority is claimed); and Vill. Factual and legal basis for claim, privilege or specific statutory or regulatory authority which provides the claimed ground for the refusal to produce the document(s). L. Each request to produce a document or documents shall be deemed to call for the production of the original document or documents to the extent that they are in, or subject to, directly or indirectly, the control of the party to whom this Request is addressed. InIL. Ill. addition, each request should be considered as including a request for separate production of all copies and, to the extent applicable, preliminary drafts of documents that differ in any respect from the original or final draft or from each other (e.g., by reason of differences in form or content or by reason of handwritten notes or comments having been added to one copy of a document but not on the original or other copies thereof). . All documents produced in response to this Request shall be produced in toto notwithstanding the fact that portions thereof may contain information not requested. . If any documents requested herein have been lost or destroyed, the documents so lost or destroyed shall be identified by author, date, and subject matter. . Where exact information cannot be furnished, estimated information is to be supplied to the extent possible. Where estimation is used, it should be so indicated, and an explanation should be given as to the basis on which the statement was made and the reason exact information cannot be furnished. . With respect to any document requested which was once in the Defendant’s possession, custody or control, but no longer is, please indicate the date and the manner in which the document ceased to be in the Defendant’s possession, custody, or control and the name and address of its present custodian. DEFINITIONS “You,” “your” and “yourself” refer to the party to whom the following requests are addressed and the Defendant’s agents, employees and other representatives. “Person” means natural persons, partnership, corporations and every other type of organizations or entity. “Identify” means when used in reference to: i. adocument, to state separately: i. its description (e.g. letter, report, memorandum, etc.), ii. its date, its subject matter, iv. the identity of each author or signer, v. its present location and the identity of its custodian, ii. an oral statement, communication, conference or conversation, to state separately: i. its date and the place where it occurred, ii. its substance, the identity of each person participating in the communication or conversation, andiv. the identity of all notes, memoranda or other documents memorializing, referring to relating to the subject matter of the statement; iii. a natural person or persons, to state separately: i. the full name of each such person, ii. his or her present or last known business address and his or her present or last known residential address, and iii. the employer of the person at the time to which the Request is directed and the person’s title or position at that time, iv. an organization or entity other than a natural person (e.g., a company, corporation, firm, association, or partnership), to state separately: i. the full name and type of organization or entity, ii. the date and state of organization or incorporation, iii. the address of each of its principal places of business, and iv. the nature of the business conducted. “Communication” shall mean any transmission of information, the information transmitted, and any process by which information is transmitted, and shall include written communication and oral communication “Document” or “documents” includes without limitation any written, typed, printed, recorded, or graphic matter, however preserved, produced, or reproduced, of any type or description, regardless of origin or location, including without limitation any binder, cover note, certificate, letter, correspondence, record, table, chart, analysis, graph, schedule, report, text, study memorandum, note, list diary, log, calendar, telex, message (including but not limited to inter-office, and intro-office communications) questionnaire, bill, purchase order, shipping order, contract, memorandum of contract, agreement, license, certificate, permit, ledger, ledger entry, book of account, check, order, invoice, receipt, statement, financial data, acknowledgement, computer or data procession card, computer or data processing disk, computer generated matter, photograph, photographic negative, phonograph recording, transcript or log of such recording, projection, videotape, firm, microfiche, and all other data compilations from which information can be obtained or translated, reports and/or summaries of investigations, drafts and revisions of drafis of any documents and original preliminary notes or sketches, no matter how produced or maintained, in your actual or constructive possession, custody or control, or the existence of which you have knowledge, and whether prepared, published or released by you or by any other person. If a document has been prepared in several copies, or additional copies have been made or copies are not identical (or by which reason of subsequent modification of a copy by the addition of notations or other modifications, are no longer identical), each non-identical copy as a separate document.VI. “Relating to” means consisting of, referring to, describing, discussing, constituting, evidencing, containing, reflecting, mentioning, concerning, pertaining to, citing, summarizing, analyzing, or bearing any logical or factual connection with the matter discussed. VIL. “Claim” means a demand or assertion, whether oral or written, formal or informal, by any person for monetary payment, the undertaking of action, or the cessation of action. VIII. “Loss” means the Loss referred to in Plaintiff's complaint and/or statement of claim. IX. “Consulted” or “contracted” means any form of communication, e.g., oral statements, telephone conversations or other mechanical communications or any other type of communication including written letters or documents. X. “Defendant” means UNITED PROPERTY & CASUALTY INSURANCE COMPANY, its subsidiaries, divisions, parent company, and holding company and the directors, officers, employees, agents, representatives, and others known to you to have acted on their respective behalf. XI. “Management” or “manage” includes any act of directing, conducting, administering, controlling, or handling an identified function or duty. XII. “Any” shall also mean “all” and vice versa. “And” shall mean “or” and “or” shall mean “and” as necessary to call for the broadest possible answer PLAINTIFF’S FIRST SUPPLEMENTAL REQUEST FOR PRODUCTION TO DEFENDANT 11. Recordings of all phone calls, between September 2017 and December 2017 and the present, between Plaintiff and/or any representatives of Plaintiff and Defendant (including agents and employees of Defendant). 12. Please provide the dates of any phone calls, between September 2017 and the December 2017, between Plaintiff and/or any representatives of Plaintiff and Defendant (including agents and employees of Defendant), as well as the names of the agents or employees of Defendant who were part of these phone calls. 13. Any portions of any claim notes that describe any statements made by Plaintiff (any any representatives of Plaintiff) to Defendant (including agents and employees of Defendant), for claim number 20FL00022244.CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 12, 2021 a true and correct copy of the foregoing has been furnished via E-service to: Brian W. Kelley, Esq., bkelley@wallenkelley.com; gkelly@wallenkelley.com; Elibet Caballero, Esq., ecaballero@wallenkelley.com; anorwitch@wallenkelley.com; cbonnet@wallenkelley.com; and Arye P. Corbett, Esq., arye@yourbocalawyer.com; office@yourbocalawyer.com. By: _/s/ Michael Katz Mordechai L. Breier, Esq. Florida Bar No.: 0088186 Oren Reich, Esq. Florida Bar No.: 0103371 Michael Katz, Esq. Florida Bar No.: 1024707 CONSUMER LAW OFFICE, P.A. 633 NE 167" Street, Suite #725 North Miami Beach, FL 33162 Phone: (305) 940-0924 | Fax: (305) 602-8204 E-service: service@consumerlawoffice.com Email: mkatz@consumerlawoffice.com