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Filing # 130441285 E-Filed 07/12/2021 11:50:42 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL
CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
ERNESTINA DE ARMAS; AND MARIO
SALVADOR DE ARMAS,
Plaintiffs
Vv.
CHARLIE WILL MITCHELL; AND GEICO CIVIL DIVISION
GENERAL INSURANCE COMPANY,
CASE NO.:
Defendants. 502020CA008922XXXXMB
/
PLAINTIFF’S RESPONSE TO DEFENDANT’S REQUEST FOR PRODUCTION
COMES NOW, the Plaintiff, MARIO SALVADOR DE ARMAS, by and through the
undersigned counsel, hereby files his response to Defendant, CHARLIE WILL MITCHELL’s
Request for Production served on June 17, 2021 , as follows:
1. Complete Federal Income Tax Returns including all schedules and forms for the five
years preceding the year of the incident which is the subject of this lawsuit, the year
of the incident, and each year since.
Objection. Plaintiff is not making a claim for lost wages.
2. For any such year that an Income Tax Return has not been filed, produce proof of all
earned income and all non-earned income.
See response to Request No. | herein.
3. Complete medical records of each physician that examined or treated the Plaintiffs
and which were made during the course of examining or treating the Plaintiffs,
regarding the subject incident.
See attached.
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 07/12/2021 11:50:42 AM ***502020CA008922XXXXMB
>
. Complete copies of reports prepared by each physician that examined or treated the
Plaintiffs, regarding the subject incident.
See attached.
wn
. Complete hospital records pertaining to the Plaintiffs, regarding the subject incident.
See attached.
a
. All medical bills incurred as a result of the incident which is the subject matter of this
litigation, and any lien or subrogation documents in association therewith.
See attached.
x
. All photographs of the Plaintiffs or the scene of the incident which depict conditions
which have changed since the time of the incident which is the subject of this lawsuit.
See attached.
@
. All photographs which you reasonably anticipate using at trial.
Undetermined at this time.
9. All statements of the Defendant including, but not limited to, statements taken from
agents, servants, or employees of the Defendant.
None at this time.
10. All statements which the Plaintiffs intend to place into evidence or use at trial.
See attached police report. Discovery is ongoing.
11. Repair estimates and repair bills for property damage or loss in the incident which is
the subject of this litigation.
None.502020CA008922XXXXMB
12. Bills, receipts, or other evidence of expenses incurred as a result of the incident which
is the subject of this litigation and not produced in response to Paragraphs 6 or 11.
None.
13. All documents supporting the claim for money damages in this lawsuit and not
produced in response to the preceding paragraphs.
See any and all document produced in tis response 0 Request for Production.
14. The Plaintiff's driver's license. If there is more than one Plaintiff in this case, a copy
of the driver's license for each Plaintiff.
See attached.
15. The reports of any persons whom the Plaintiffs expect to offer as an expert witness
in this matter.
See response to Request No. 10 herein.
16. As to the following types of insurance you had at the time of the incident: personal
injury protection insurance, health insurance, accident insurance, medical insurance,
hospitalization insurance, HMO policy, Medicare, Medicaid, disability insurance,
and life insurance:
a. Complete copies of each such contract or policy;
See attached.
b. The Identification Card of each such contract or policy;
See attached.
c. The Declaration Sheet of each such contract or policy;
See attached.502020CA008922XXXXMB
d. Each and every application for benefits made by the Plaintiffs under any of the
policies, whether pertaining to the accident which is the subject of this litigation
or not;
See attached.
e. All evidence of payment from any collateral source including checks, check stubs,
cancelled checks, payout sheets, paid invoices or receipts, memos and
correspondence relating to payments made under any of the policies listed above.
See attached PIP log.
17. A copy of any general or partial release executed by the Plaintiffs as a result of the
incident which is the subject of this lawsuit. This request includes, but is not limited
to, property damage releases, releases of personal injury protection benefits and
releases printed on the backs of checks or drafts.
Objection. Over broad and over burdensome.
18. A complete copy of any settlement agreement between the Plaintiffs and any other
person or entity.
Objection. Over broad and over burdensome.
19. Complete and legible copies of each notice of intent to collect damages from a tort
feasor sent to any provider of collateral source payments pursuant to F.S. §768.76(6).
This request includes, but is not limited to, the Notices of Intent to collect damages
from a tort feasor, all documents evidencing that the Notices were sent by Certified
or Registered Mail, and documents demonstrating that the Notices were actually
delivered to the intended recipients.
See attached.
20. Complete and legible copies of any statements from providers of collateral source
payments which assert a lien or right to subrogation or reimbursement pursuant to
FS. §768.76(7).
See attached .502020CA008922XXXXMB
21. Copies of any "letters of protection" or similar document given by the Plaintiffs [or
anyone acting on behalf of the Plaintiffs] to any health care provider regarding the
charges of the health care provider. This request includes, but is not limited to, letters
in which the Plaintiffs [or any person acting on behalf of the Plaintiffs] assures the
health care provider that the charges associated with the Plaintiffs’ care will be
protected and/or paid out of the proceeds of this lawsuit.
See attached.
22. Copies of all medical records in your possession, custody or control pertaining to any
medical treatment received by you prior to the subject accident for the areas of your
body that you alleged to have injured in the subject accident, and also any medical
records, accident reports or other records in your possession, custody or control
pertaining to any other motor vehicle accidents in which you have been involved,
irrespective of whether you were injured as a result, and, if you were injured as a
result, irrespective of whether you injured the same areas of your body that you are
alleging to have injured in the subject accident.
None at this time.
23. A notarized copy of your marriage certificate or marriage license.
Documents are being requested and will be provided upon receipt.502020CA008922XXXXMB
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
submitted on this 12" day of July, 2021, to Amy L. Das, Esq., The Law Offices of Jeffrey R.
Hickman at 1555 Palm Beach Lakes Blvd., Suite 100, West Palm Beach, FL 33401;
wpbgeico@geico.com and Bruce Trybus, Esq., and Caroline Lewis, Esq., Cooney Trybus
Kwavnick Peets, attorney for Defendant, Charlie Will Mitchell, 1600 West Commercial Blvd,
Suite 200. Fort Lauderdale, FL 33309;
reception@ctkplaw.com, yhall@ctkplaw.com, clewis@ctkplaw.com,
ngordon@ctkplaw.com
RUBENSTEIN LAW, P.A.
Attomeys for Plaintiff
9130 S. Dadeland Blvd, PH
Miami, FL 33156
Phone: (305) 661-6000
Fax: (561) 232-2137
Email: phunt@rubensteinlaw.com
jmolano@rubensteinlaw.com
eservice@rubensteinlaw.com
By: _/s/ Peter Hunt
Peter Hunt
Florida Bar No.: 107350
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Filing # 130441285 E-Filed 07/12/2021 11:50:42 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ERNESTINA DE ARMAS; AND MARIO SALVADOR DE ARMAS, Plaintiffs Vv. CHARLIE WILL MITCHELL; AND GEICO CIVIL DIVISION GENERAL INSURANCE COMPANY, CASE NO.: Defendants. 502020CA008922XXXXMB / PLAINTIFF’S RESPONSE TO DEFENDANT’S REQUEST FOR PRODUCTION COMES NOW, the Plaintiff, MARIO SALVADOR DE ARMAS, by and through the undersigned counsel, hereby files his response to Defendant, CHARLIE WILL MITCHELL’s Request for Production served on June 17, 2021 , as follows: 1. Complete Federal Income Tax Returns including all schedules and forms for the five years preceding the year of the incident which is the subject of this lawsuit, the year of the incident, and each year since. Objection. Plaintiff is not making a claim for lost wages. 2. For any such year that an Income Tax Return has not been filed, produce proof of all earned income and all non-earned income. See response to Request No. | herein. 3. Complete medical records of each physician that examined or treated the Plaintiffs and which were made during the course of examining or treating the Plaintiffs, regarding the subject incident. See attached. '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 07/12/2021 11:50:42 AM ***502020CA008922XXXXMB > . Complete copies of reports prepared by each physician that examined or treated the Plaintiffs, regarding the subject incident. See attached. wn . Complete hospital records pertaining to the Plaintiffs, regarding the subject incident. See attached. a . All medical bills incurred as a result of the incident which is the subject matter of this litigation, and any lien or subrogation documents in association therewith. See attached. x . All photographs of the Plaintiffs or the scene of the incident which depict conditions which have changed since the time of the incident which is the subject of this lawsuit. See attached. @ . All photographs which you reasonably anticipate using at trial. Undetermined at this time. 9. All statements of the Defendant including, but not limited to, statements taken from agents, servants, or employees of the Defendant. None at this time. 10. All statements which the Plaintiffs intend to place into evidence or use at trial. See attached police report. Discovery is ongoing. 11. Repair estimates and repair bills for property damage or loss in the incident which is the subject of this litigation. None.502020CA008922XXXXMB 12. Bills, receipts, or other evidence of expenses incurred as a result of the incident which is the subject of this litigation and not produced in response to Paragraphs 6 or 11. None. 13. All documents supporting the claim for money damages in this lawsuit and not produced in response to the preceding paragraphs. See any and all document produced in tis response 0 Request for Production. 14. The Plaintiff's driver's license. If there is more than one Plaintiff in this case, a copy of the driver's license for each Plaintiff. See attached. 15. The reports of any persons whom the Plaintiffs expect to offer as an expert witness in this matter. See response to Request No. 10 herein. 16. As to the following types of insurance you had at the time of the incident: personal injury protection insurance, health insurance, accident insurance, medical insurance, hospitalization insurance, HMO policy, Medicare, Medicaid, disability insurance, and life insurance: a. Complete copies of each such contract or policy; See attached. b. The Identification Card of each such contract or policy; See attached. c. The Declaration Sheet of each such contract or policy; See attached.502020CA008922XXXXMB d. Each and every application for benefits made by the Plaintiffs under any of the policies, whether pertaining to the accident which is the subject of this litigation or not; See attached. e. All evidence of payment from any collateral source including checks, check stubs, cancelled checks, payout sheets, paid invoices or receipts, memos and correspondence relating to payments made under any of the policies listed above. See attached PIP log. 17. A copy of any general or partial release executed by the Plaintiffs as a result of the incident which is the subject of this lawsuit. This request includes, but is not limited to, property damage releases, releases of personal injury protection benefits and releases printed on the backs of checks or drafts. Objection. Over broad and over burdensome. 18. A complete copy of any settlement agreement between the Plaintiffs and any other person or entity. Objection. Over broad and over burdensome. 19. Complete and legible copies of each notice of intent to collect damages from a tort feasor sent to any provider of collateral source payments pursuant to F.S. §768.76(6). This request includes, but is not limited to, the Notices of Intent to collect damages from a tort feasor, all documents evidencing that the Notices were sent by Certified or Registered Mail, and documents demonstrating that the Notices were actually delivered to the intended recipients. See attached. 20. Complete and legible copies of any statements from providers of collateral source payments which assert a lien or right to subrogation or reimbursement pursuant to FS. §768.76(7). See attached .502020CA008922XXXXMB 21. Copies of any "letters of protection" or similar document given by the Plaintiffs [or anyone acting on behalf of the Plaintiffs] to any health care provider regarding the charges of the health care provider. This request includes, but is not limited to, letters in which the Plaintiffs [or any person acting on behalf of the Plaintiffs] assures the health care provider that the charges associated with the Plaintiffs’ care will be protected and/or paid out of the proceeds of this lawsuit. See attached. 22. Copies of all medical records in your possession, custody or control pertaining to any medical treatment received by you prior to the subject accident for the areas of your body that you alleged to have injured in the subject accident, and also any medical records, accident reports or other records in your possession, custody or control pertaining to any other motor vehicle accidents in which you have been involved, irrespective of whether you were injured as a result, and, if you were injured as a result, irrespective of whether you injured the same areas of your body that you are alleging to have injured in the subject accident. None at this time. 23. A notarized copy of your marriage certificate or marriage license. Documents are being requested and will be provided upon receipt.502020CA008922XXXXMB CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically submitted on this 12" day of July, 2021, to Amy L. Das, Esq., The Law Offices of Jeffrey R. Hickman at 1555 Palm Beach Lakes Blvd., Suite 100, West Palm Beach, FL 33401; wpbgeico@geico.com and Bruce Trybus, Esq., and Caroline Lewis, Esq., Cooney Trybus Kwavnick Peets, attorney for Defendant, Charlie Will Mitchell, 1600 West Commercial Blvd, Suite 200. Fort Lauderdale, FL 33309; reception@ctkplaw.com, yhall@ctkplaw.com, clewis@ctkplaw.com, ngordon@ctkplaw.com RUBENSTEIN LAW, P.A. Attomeys for Plaintiff 9130 S. Dadeland Blvd, PH Miami, FL 33156 Phone: (305) 661-6000 Fax: (561) 232-2137 Email: phunt@rubensteinlaw.com jmolano@rubensteinlaw.com eservice@rubensteinlaw.com By: _/s/ Peter Hunt Peter Hunt Florida Bar No.: 107350