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Filing # 91876303 E-Filed 06/28/2019 04:25:30 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS
COUNTY, CIVIL DIVISION
CAROLYN LUDES,
Plaintiff,
vs. CASE NO.: 19-000169-CI
SHARI GOODWIN, GREGORY GOODWIN
and GARRISON PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendants.
/
PLAINTIFF’S RESPONSE TO REQUEST TO PRODUCE
BY DEFENDANTS, SHARI GOODWIN AND GREGORY GOODWIN
COMES NOW the Plaintiff(s), CAROLYN LUDES, by and through the undersigned attorneys,
and files this Response to Request to Produce filed by Defendants, SHARI GOODWIN, and
GREGORY GOODWIN and states:
1 Copies of all tax returns, W-2 Forms, or any other evidence of income for all years to
date, beginning with the three (3) years preceding the within incident.
RESPONSE: This request violates Plaintiff's right to privacy under Article I,
Section 23 of the Florida Constitution. This request seeks information which is
neither relevant nor material to any issues pending in this action and, further, seeks
information that is not reasonably calculated to lead to the discovery of admissible
evidence. I have not pled a claim for lost wages.
2. Withholding statements, pay envelopes, deposit slips, or any other evidence of income
earned by Plaintiff for the current calendar year.
RESPONSE: This request violates Plaintiff’s right to privacy under Article I,
Section 23 of the Florida Constitution. This request seeks information which is
neither relevant nor material to any issues pending in this action and, further, seeks
information that is not reasonably calculated to lead to the discovery of admissible
evidence. I have not pled a claim for lost wages.
***ELECTRONICALLY FILED 06/28/2019 04:25:30 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
3 Copies of any and all medical records, hospital records, emergency room records, and
records from any health care provider pertaining to the treatment of Plaintiff for any injuries
sustained in the within incident.
RESPONSE: Please see attached.
4, Copies of any and all medical records, hospital records, emergency room records, health
care provider records, X-ray films, CT films and MRI films pertaining to the treatment of
Plaintiff for any reason in the five (5) years prior to the within incident.
RESPONSE: None in Plaintiff’s possession. Defendant may request via non-party
production.
5 Copies of any and all medical records, hospital records, emergency room records, health
care provider records, X-ray films, CT films and MRI films pertaining to the treatment of
Plaintiff for any reason since the within incident.
RESPONSE: None in Plaintiff’s possession. Defendant may request via non-party
production.
6. Copies of any and all medical bills and/or statements for services rendered, paid or
unpaid, as a result of the within incident, including any bills for drugs or other related expenses.
RESPONSE: Please see attached. Plaintiff reserves the right to supplement this
response, as discovery is ongoing.
7
Copies of any and all bills, statements or receipts relating to any non-medical expenses
claimed as damages in this lawsuit that have not been produced in response to any of the
preceding paragraphs.
RESPONSE: Please see attached.
8 Any and all statements, including, but not limited to, recorded telephone interviews, tapes,
written statements, whether signed or unsigned, of all witnesses to the incident relative to the
subject matter of this action and/or any witnesses having knowledge regarding any and all facts
and issues in the instant litigation.
RESPONSE: None in Plaintiff’s possession.
Any and all photographs, diagrams or sketches of the scene of the incident.
RESPONSE: Objection. Work Product. Any photographs in Plaintiffs possession
were taken in anticipation of litigation. Notwithstanding said objection Plaintiff's
counsel is in possession of 20 photographs of the Plaintiff’s injuries, 2 general
photographs of Plaintiff, and 1 photograph of the scene of the accident.
10. Any and all photographs of the vehicles involved in the incident before and after the
accident.
RESPONSE: None in Plaintiffs possession,
11. Any and all photographs of Plaintiff depicting injuries to Plaintiff sustained as a result of
the within incident.
RESPONSE: Objection. Work Product. Any photographs in Plaintiffs possession
were taken in anticipation of litigation. Notwithstanding said objection Plaintiff's
counsel is in possession of 20 photographs of the Plaintiff’s injuries.
12. Any releases, "Mary Carter Agreements", and any other type of settlement agreements
between Plaintiff and any other party which may have been responsible for the damages claimed
by Plaintiff.
RESPONSE: None
13. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other
tangible items or documentary evidence which you intend to use during the trial of this cause and
which have not been produced in response to any of the preceding paragraphs.
RESPONSE: Objection. Attorney Work Product.
14, All policies of insurance providing collateral source payments to Plaintiff, including, but
not limited to, PIP insurance, medical payment insurance, disability insurance, Medicare,
Medicare Advantage Plan, Medicaid and/or employment related insurance.
RESPONSE: Please see attached.
15. All documents, papers or evidence to be introduced at trial.
RESPONSE: Objection. Work Product and what to be used at trial has not yet
been determined.
16. All expert reports from any experts who will testify at trial.
RESPONSE: At this time, all experts have been hired for consulting purposes only.
17 Copy of the front and back of Plaintiff's health insurance card.
RESPONSE: Please see attached.
18. Copy of the front and back of Plaintiff’s Medicare and/or Medicare Advantage Plan card.
RESPONSE: Please see attached.
19. Copy of the front and back of Plaintiff's Medicaid card.
RESPONSE: None in Plaintiff’s possession,
20. Any and all documents, including a PIP log, evidencing insurance benefits paid for
or on behalf of Plaintiff as a result of the subject accident, including but not limited to insurance
payments, contractual adjustments and/or write-offs.
RESPONSE: None in Plaintiff’s possession. Defendant may request via non-party
production.
21. Any and all documents evidencing any and all liens, subrogated interests, and/or collateral
source subject to Florida Statute 768.76, being claimed as a result of the subject accident,
including but not limited to, written documentation from each designated insurer, lien holder
and/or their designated representatives, stating the exact amount of their lien and/or
subrogated interest.
RESPONSE: Please see attached.
22, Any and all documents evidencing any and all other expenses, including but not limited to
wage loss, mileage, prescriptions, co-pays, and/or non-medical out-of-pocket expenses alleged to
have been incurred by Plaintiff as a result of the subject accident.
RESPONSE: None in Plaintiff’s possession at this time.
23. Copies of all monthly statements, bills, invoices, and records of all incoming and outgoing
calls and text messages, for any and all cellular phones and/or any kind of wireless devices,
notebooks, iPads, etc. you owned and/or you had on you and/or inside the subject vehicle at the
time of the crash, limited to the 24-hour period encompassing the date of the
subject accident.
RESPONSE: None in Plaintiff’s possession. Defendant may obtain via non-party
production.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document has been
served by electronic mail pursuant to Florida Rule of Judicial Administration 2.516 to: Athena
Thanos, Esquire, Law Offices of Robert D. Tetreault, 100 S. Ashley Drive, Suite 550, Tampa,
FL 33602 (athena.thanos@usaa.com); Crystal Urquiza, Esq., Law of Offices of Robert J. Smith,
101 East Kennedy Boulevard, Suite 2125, Tampa, FL 33602 (TampaLegal@allstate.com) on
this___ day of June, 2019.
SERVICE EMAIL:
SERVICE@QUITERWYKLAW.COM
ABRAHAMSON & UITERWYK
900 W, Platt Street
Tampa, FL 33606
Telephone: (813) 222-0500
ile; (813) 221-473
tgacio ‘iterwyklaw.co
OMAS L. GACIO, ESQUIRE
Florida Bar No.: 0845612
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Filing # 91876303 E-Filed 06/28/2019 04:25:30 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, CIVIL DIVISION CAROLYN LUDES, Plaintiff, vs. CASE NO.: 19-000169-CI SHARI GOODWIN, GREGORY GOODWIN and GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, Defendants. / PLAINTIFF’S RESPONSE TO REQUEST TO PRODUCE BY DEFENDANTS, SHARI GOODWIN AND GREGORY GOODWIN COMES NOW the Plaintiff(s), CAROLYN LUDES, by and through the undersigned attorneys, and files this Response to Request to Produce filed by Defendants, SHARI GOODWIN, and GREGORY GOODWIN and states: 1 Copies of all tax returns, W-2 Forms, or any other evidence of income for all years to date, beginning with the three (3) years preceding the within incident. RESPONSE: This request violates Plaintiff's right to privacy under Article I, Section 23 of the Florida Constitution. This request seeks information which is neither relevant nor material to any issues pending in this action and, further, seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. I have not pled a claim for lost wages. 2. Withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff for the current calendar year. RESPONSE: This request violates Plaintiff’s right to privacy under Article I, Section 23 of the Florida Constitution. This request seeks information which is neither relevant nor material to any issues pending in this action and, further, seeks information that is not reasonably calculated to lead to the discovery of admissible evidence. I have not pled a claim for lost wages. ***ELECTRONICALLY FILED 06/28/2019 04:25:30 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 3 Copies of any and all medical records, hospital records, emergency room records, and records from any health care provider pertaining to the treatment of Plaintiff for any injuries sustained in the within incident. RESPONSE: Please see attached. 4, Copies of any and all medical records, hospital records, emergency room records, health care provider records, X-ray films, CT films and MRI films pertaining to the treatment of Plaintiff for any reason in the five (5) years prior to the within incident. RESPONSE: None in Plaintiff’s possession. Defendant may request via non-party production. 5 Copies of any and all medical records, hospital records, emergency room records, health care provider records, X-ray films, CT films and MRI films pertaining to the treatment of Plaintiff for any reason since the within incident. RESPONSE: None in Plaintiff’s possession. Defendant may request via non-party production. 6. Copies of any and all medical bills and/or statements for services rendered, paid or unpaid, as a result of the within incident, including any bills for drugs or other related expenses. RESPONSE: Please see attached. Plaintiff reserves the right to supplement this response, as discovery is ongoing. 7 Copies of any and all bills, statements or receipts relating to any non-medical expenses claimed as damages in this lawsuit that have not been produced in response to any of the preceding paragraphs. RESPONSE: Please see attached. 8 Any and all statements, including, but not limited to, recorded telephone interviews, tapes, written statements, whether signed or unsigned, of all witnesses to the incident relative to the subject matter of this action and/or any witnesses having knowledge regarding any and all facts and issues in the instant litigation. RESPONSE: None in Plaintiff’s possession. Any and all photographs, diagrams or sketches of the scene of the incident. RESPONSE: Objection. Work Product. Any photographs in Plaintiffs possession were taken in anticipation of litigation. Notwithstanding said objection Plaintiff's counsel is in possession of 20 photographs of the Plaintiff’s injuries, 2 general photographs of Plaintiff, and 1 photograph of the scene of the accident. 10. Any and all photographs of the vehicles involved in the incident before and after the accident. RESPONSE: None in Plaintiffs possession, 11. Any and all photographs of Plaintiff depicting injuries to Plaintiff sustained as a result of the within incident. RESPONSE: Objection. Work Product. Any photographs in Plaintiffs possession were taken in anticipation of litigation. Notwithstanding said objection Plaintiff's counsel is in possession of 20 photographs of the Plaintiff’s injuries. 12. Any releases, "Mary Carter Agreements", and any other type of settlement agreements between Plaintiff and any other party which may have been responsible for the damages claimed by Plaintiff. RESPONSE: None 13. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trial of this cause and which have not been produced in response to any of the preceding paragraphs. RESPONSE: Objection. Attorney Work Product. 14, All policies of insurance providing collateral source payments to Plaintiff, including, but not limited to, PIP insurance, medical payment insurance, disability insurance, Medicare, Medicare Advantage Plan, Medicaid and/or employment related insurance. RESPONSE: Please see attached. 15. All documents, papers or evidence to be introduced at trial. RESPONSE: Objection. Work Product and what to be used at trial has not yet been determined. 16. All expert reports from any experts who will testify at trial. RESPONSE: At this time, all experts have been hired for consulting purposes only. 17 Copy of the front and back of Plaintiff's health insurance card. RESPONSE: Please see attached. 18. Copy of the front and back of Plaintiff’s Medicare and/or Medicare Advantage Plan card. RESPONSE: Please see attached. 19. Copy of the front and back of Plaintiff's Medicaid card. RESPONSE: None in Plaintiff’s possession, 20. Any and all documents, including a PIP log, evidencing insurance benefits paid for or on behalf of Plaintiff as a result of the subject accident, including but not limited to insurance payments, contractual adjustments and/or write-offs. RESPONSE: None in Plaintiff’s possession. Defendant may request via non-party production. 21. Any and all documents evidencing any and all liens, subrogated interests, and/or collateral source subject to Florida Statute 768.76, being claimed as a result of the subject accident, including but not limited to, written documentation from each designated insurer, lien holder and/or their designated representatives, stating the exact amount of their lien and/or subrogated interest. RESPONSE: Please see attached. 22, Any and all documents evidencing any and all other expenses, including but not limited to wage loss, mileage, prescriptions, co-pays, and/or non-medical out-of-pocket expenses alleged to have been incurred by Plaintiff as a result of the subject accident. RESPONSE: None in Plaintiff’s possession at this time. 23. Copies of all monthly statements, bills, invoices, and records of all incoming and outgoing calls and text messages, for any and all cellular phones and/or any kind of wireless devices, notebooks, iPads, etc. you owned and/or you had on you and/or inside the subject vehicle at the time of the crash, limited to the 24-hour period encompassing the date of the subject accident. RESPONSE: None in Plaintiff’s possession. Defendant may obtain via non-party production. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served by electronic mail pursuant to Florida Rule of Judicial Administration 2.516 to: Athena Thanos, Esquire, Law Offices of Robert D. Tetreault, 100 S. Ashley Drive, Suite 550, Tampa, FL 33602 (athena.thanos@usaa.com); Crystal Urquiza, Esq., Law of Offices of Robert J. Smith, 101 East Kennedy Boulevard, Suite 2125, Tampa, FL 33602 (TampaLegal@allstate.com) on this___ day of June, 2019. SERVICE EMAIL: SERVICE@QUITERWYKLAW.COM ABRAHAMSON & UITERWYK 900 W, Platt Street Tampa, FL 33606 Telephone: (813) 222-0500 ile; (813) 221-473 tgacio ‘iterwyklaw.co OMAS L. GACIO, ESQUIRE Florida Bar No.: 0845612