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Filing# 142103931 E-Filed 01/17/2022 05:53:35 PM
0579601757.1
Total Pages: 1
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
DAVID SCHWITZKE,
CASE NO.
CACE-21-016658 Division: 12
PLAINTIFF,
VS.
TIFFANY M. GRAVES,
DEFENDANTS,
DEFENDANTS RESPONSE TO INITIAL REQUEST FOR PRODUCTION
Defendant, TIFFANY M. GRAVES, by and through the undersigned counsel, files this Response to
Plaintiff,
DAVID SCHWITZKE, Initial Request for Production served October 14,2021, and would state:
1.
Copies of any and all policiesof insurance in full force and effect at the time of this
accident.
RESPONSE: Please see attached certified copy of the Allstate New Jersey
Property and Casualty Insurance Company automobile
insurance policynumber 909 908 765.
2.
Copies of any and all color photographs or videos showing or purportingto show the
condition of the Defendant, TIFFANY M. GRAVE'S subject vehicle or any component parts
thereof, after the subjectaccident.
RESPONSE: Please see attached four (4) color photographs of Defendant's
vehicle.
3.
Copies of any and all color photographs or videos showing or purportingto show the
scene ofthe subjectaccident.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/17/2022 05:53:35 PM.****
RESPONSE: None in Defendant's possession.
4.
Copies of any and all color photographs or videos showing or purportingto show the
condition of the Plaintiffs subjectvehicle or any component parts thereof,after the subjectaccident.
RESPONSE: None.
5.
Copies of any and all statements of the Plaintiff,DAVID SCHWITZKE, taken
regardingthis accident in your possession,custody and control.
RESPONSE: Objection, privileged.
PRIVILEGE: This Request seeks information or documents that
are subject to attorney-client,work product and/or claims file
privileges,and/or were prepared in anticipation of litigation.
Without waiving said
none. Discovery is
ongoing.
CASE NO. CACE-21-016658 (12)
6.
Copies of any and all statements, reports, forms, memos, and any written record in
any form whatsoever concerning the instant accident obtained from any party or witness, by you,
your agents or representatives
within 30 days of subjectaccident.
RESPONSE: Objection, privileged
PRIVILEGE: This Request seeks information or documents that
are subject to attorney-client,work product and/or claims file
privileges,and/or were prepared in anticipation of litigation.
Without waiving said objection/privilege none. Discovery is
ongoing.
7.
Copies of any and all repairestimates and/or invoices pertainingto the repairof the
subjectvehicle caused by the subjectaccident.
RESPONSE: Please see attached repair estimate for Defendant's vehicle.
8
Copies of any and all repairestimates and/or invoices pertainingto any repairsof the
subjectvehicle for the two (2)year periodpriorto the date of the subjectaccident.
RESPONSE: Defendant objectsto this Request in that it is unduly
burdensome, irrelevant, harassing and not reasonably
calculated to lead to the discovery of admissible evidence.
9-
Copies of any and all maintenance records of the subjectvehicle for the two (2)year
periodpriorto the date of the subjectaccident.
RESPONSE: Defendant objects to this Request in that it is unduly
burdensome, irrelevant, harassing and not reasonably
calculated to lead to the discovery of admissible evidence.
10.
A color photocopy of your driver's license.
CASE NO. CACE-21-016658 Division: 12
RESPONSE: Please see attached a copy of Defendant's driver-,'s license.
11.
Copies of any and all documents mentioned or related in any of your responses to
the interrogatories propounded to you in this case.
RESPONSE: Please see attached documents.
12.
Copies of any surveillance movies, videotapes,photographs, etc. of the Plaintiff,
DAVID SCHWITZKE, which you plan on using at trial.
RESPONSE: Undetermined at this time. Discovery is ongoing. My attorney will
comply with the Trial Order and Florida Rules of Civil Procedure.
13.
Copies of the billingrecords, statements, and texts for all communication devices
available to you on January 31, 2020, including but not limited to, your cellular telephone, and
similar wireless communication devices, which would reflect the activityon said devices from 6:00
pm to 7:30 pm on said date.
RESPONSE: None in Defendant's possession.
14.
Copies of any and all videos of the scene of the accident, any vehicles, and Plaintiff
taken by you on your cellular telephone at the time of the subjectaccident.
RESPONSE: This will be supplemented.
15.
Copies of any and all documents pertainingto any motor vehicle accidents involving
you for the three (3)year period priorto the date of this accident. Said documents shall include, but
not be limited to, accident reports and internal investigations.
4
CASE NO. CACE-21-016658 Division: 12
RESPONSE: Defendant objectsto this Request in that it is overly broad, unduly
burdensome, harassing, irrelevant, and not reasonably calculated to
lead to the discovery of admissible evidence, and is beyond the scope
of discovery. Further, accident reports are public record. Without
waiving said objectionsand with respect to the instant matter, please
see the attached copy of the accident report.
16.
With regard to the above Request to Produce, for each item on said Request to
Produce of which you are withholding production claiming any privilege(work product/attorney-
client,etc.),
pleaseprovide a privilegelog with the description,
author,date and privilegeclaimed.
RESPONSE: None.
I HEREBY CERTIFY that on the
17th
day of
January
,2022,
5
CASE NO. CACE-21-016658 Division: 12
pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Defendant's
Response to Initial Request for Production has been electronically
filed and served using the
Florida Courts E-FilingPortal to:
Robert Distefano,Esquire
FBN: 437761
DISTEFANO LAW, LLC
7471 W. Oakland Park Blvd.
Suite 106
Ft. Lauderdale, FL 33319
(954) 572-8000
(954) 572-7895
robert@distefanolaw.com
litigation@distefanolaw.com
Attorneys for Plaintiff
LAW OFFICE OF ROBERT J. SMITH
MailingAddress Only:
4443 Lyons Road, Suite 206
Coconut Creek, FL 33073
Attorney Direct:
(954) 205-0241
Fax:
(877) 838-0840
nl
D tnM.
By:
Electronically'-Signed
CHUKA "CHUCK" OBIANAGU
FL Bar No. 1020523
Attorney for Defendant(s)
TIFFANY M. GRAVES
PRINCIPAL E-MAIL ADDRESS:
FTLAUDERDALELEGAL@ALLSTATE.COM
Personal E-mail Address
(NOT for Service of Pleadingsand Documents):
Chuka.Obianagu@allstate.com
6
Preview
Filing# 142103931 E-Filed 01/17/2022 05:53:35 PM 0579601757.1 Total Pages: 1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION DAVID SCHWITZKE, CASE NO. CACE-21-016658 Division: 12 PLAINTIFF, VS. TIFFANY M. GRAVES, DEFENDANTS, DEFENDANTS RESPONSE TO INITIAL REQUEST FOR PRODUCTION Defendant, TIFFANY M. GRAVES, by and through the undersigned counsel, files this Response to Plaintiff, DAVID SCHWITZKE, Initial Request for Production served October 14,2021, and would state: 1. Copies of any and all policiesof insurance in full force and effect at the time of this accident. RESPONSE: Please see attached certified copy of the Allstate New Jersey Property and Casualty Insurance Company automobile insurance policynumber 909 908 765. 2. Copies of any and all color photographs or videos showing or purportingto show the condition of the Defendant, TIFFANY M. GRAVE'S subject vehicle or any component parts thereof, after the subjectaccident. RESPONSE: Please see attached four (4) color photographs of Defendant's vehicle. 3. Copies of any and all color photographs or videos showing or purportingto show the scene ofthe subjectaccident. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/17/2022 05:53:35 PM.**** RESPONSE: None in Defendant's possession. 4. Copies of any and all color photographs or videos showing or purportingto show the condition of the Plaintiffs subjectvehicle or any component parts thereof,after the subjectaccident. RESPONSE: None. 5. Copies of any and all statements of the Plaintiff,DAVID SCHWITZKE, taken regardingthis accident in your possession,custody and control. RESPONSE: Objection, privileged. PRIVILEGE: This Request seeks information or documents that are subject to attorney-client,work product and/or claims file privileges,and/or were prepared in anticipation of litigation. Without waiving said none. Discovery is ongoing. CASE NO. CACE-21-016658 (12) 6. Copies of any and all statements, reports, forms, memos, and any written record in any form whatsoever concerning the instant accident obtained from any party or witness, by you, your agents or representatives within 30 days of subjectaccident. RESPONSE: Objection, privileged PRIVILEGE: This Request seeks information or documents that are subject to attorney-client,work product and/or claims file privileges,and/or were prepared in anticipation of litigation. Without waiving said objection/privilege none. Discovery is ongoing. 7. Copies of any and all repairestimates and/or invoices pertainingto the repairof the subjectvehicle caused by the subjectaccident. RESPONSE: Please see attached repair estimate for Defendant's vehicle. 8 Copies of any and all repairestimates and/or invoices pertainingto any repairsof the subjectvehicle for the two (2)year periodpriorto the date of the subjectaccident. RESPONSE: Defendant objectsto this Request in that it is unduly burdensome, irrelevant, harassing and not reasonably calculated to lead to the discovery of admissible evidence. 9- Copies of any and all maintenance records of the subjectvehicle for the two (2)year periodpriorto the date of the subjectaccident. RESPONSE: Defendant objects to this Request in that it is unduly burdensome, irrelevant, harassing and not reasonably calculated to lead to the discovery of admissible evidence. 10. A color photocopy of your driver's license. CASE NO. CACE-21-016658 Division: 12 RESPONSE: Please see attached a copy of Defendant's driver-,'s license. 11. Copies of any and all documents mentioned or related in any of your responses to the interrogatories propounded to you in this case. RESPONSE: Please see attached documents. 12. Copies of any surveillance movies, videotapes,photographs, etc. of the Plaintiff, DAVID SCHWITZKE, which you plan on using at trial. RESPONSE: Undetermined at this time. Discovery is ongoing. My attorney will comply with the Trial Order and Florida Rules of Civil Procedure. 13. Copies of the billingrecords, statements, and texts for all communication devices available to you on January 31, 2020, including but not limited to, your cellular telephone, and similar wireless communication devices, which would reflect the activityon said devices from 6:00 pm to 7:30 pm on said date. RESPONSE: None in Defendant's possession. 14. Copies of any and all videos of the scene of the accident, any vehicles, and Plaintiff taken by you on your cellular telephone at the time of the subjectaccident. RESPONSE: This will be supplemented. 15. Copies of any and all documents pertainingto any motor vehicle accidents involving you for the three (3)year period priorto the date of this accident. Said documents shall include, but not be limited to, accident reports and internal investigations. 4 CASE NO. CACE-21-016658 Division: 12 RESPONSE: Defendant objectsto this Request in that it is overly broad, unduly burdensome, harassing, irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence, and is beyond the scope of discovery. Further, accident reports are public record. Without waiving said objectionsand with respect to the instant matter, please see the attached copy of the accident report. 16. With regard to the above Request to Produce, for each item on said Request to Produce of which you are withholding production claiming any privilege(work product/attorney- client,etc.), pleaseprovide a privilegelog with the description, author,date and privilegeclaimed. RESPONSE: None. I HEREBY CERTIFY that on the 17th day of January ,2022, 5 CASE NO. CACE-21-016658 Division: 12 pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Defendant's Response to Initial Request for Production has been electronically filed and served using the Florida Courts E-FilingPortal to: Robert Distefano,Esquire FBN: 437761 DISTEFANO LAW, LLC 7471 W. Oakland Park Blvd. Suite 106 Ft. Lauderdale, FL 33319 (954) 572-8000 (954) 572-7895 robert@distefanolaw.com litigation@distefanolaw.com Attorneys for Plaintiff LAW OFFICE OF ROBERT J. SMITH MailingAddress Only: 4443 Lyons Road, Suite 206 Coconut Creek, FL 33073 Attorney Direct: (954) 205-0241 Fax: (877) 838-0840 nl D tnM. By: Electronically'-Signed CHUKA "CHUCK" OBIANAGU FL Bar No. 1020523 Attorney for Defendant(s) TIFFANY M. GRAVES PRINCIPAL E-MAIL ADDRESS: FTLAUDERDALELEGAL@ALLSTATE.COM Personal E-mail Address (NOT for Service of Pleadingsand Documents): Chuka.Obianagu@allstate.com 6