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Filing # 122330297 E-Filed 03/02/2021 01:41:59 PM
IN THE CIRCUIT COURT OF THE 14TH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA
CASE NO.: 19004406CA
JAMES R. SMITH,
Plaintiff,
V.
SECURITY FIRST INSURANCE COMPANY,
Defendant.
a|
NOTICE OF TAKING DEPOSITION DUCES TECUM OF PLAINTIFF
PLEASE TAKE NOTICE that pursuant to the Florida Rules of Civil Procedure
1.310(b)(6), Defendant, through the undersigned counsel, will take the deposition, by
oral examination of the following persons as indicated below
NAME: James R. Smith
DATE: March 26, 2021
TIME: 10:00 a.m.
LOCATION: U.S. Legal Support
Via Zoom Link (To Be Provided)
upon oral examination for purpose of discovery or use as evidence in this action, or for
such other purposes as authorized under applicable statutes and/or the Florida Rules of
Civil Procedure, before, U.S. Legal Support, Notary Public, or before some other officer
authorized by law to administer oaths, who is not a relative, employee, attorney, or
counsel of any of the parties, or a relative, or employee of such attorney or counsel, or
financially interested in the action, and pursuant to adjournments, ifany, by said office
until said testimony shall be completed. You are hereby notified to be present at the
time and place stated.
The Plaintiff shall produce all items requested on the attached Exhibit “A”.
Page 1
COLE, SCOTT & KISSANE, P.A.
CASE NO.: 19004406CA
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 2nd day of March, 2021, a true and correct copy
of the foregoing was filed with the Clerk of BAY County by using the Florida Courts e-
Filing Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Justin Petrie, Esq., Kandell, Kandell & Petrie,
justin@kkpfirm.com; jenni@kkpfirm.com; kathy@kkpfirm.com, 2665 S. Bayshore Drive,
Suite 601, Coconut Grove, FL 33133, (305) 858-2220/(305) 858-2722 (F), Attorney for
Plaintiff, James R. Smith.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant SECURITY FIRST
INSURANCE COMPANY
4301 West Boy Scout Boulevard
Suite 400
Tampa, Florida 33607
Telephone (813) 864-9330
Facsimile (813) 286-2900
Primary e-mail: paydon.broeder@csklegal.com
Alternate e-mail: margaret-
ann.newball@csklegal.com
By: _s/Paydon R. Broeder
PAYDON R. BROEDER
Florida Bar No.: 106881
0504.3686-00/23159681
Page 2
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD
- SUITE 400
- TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
CASE NO.: 19004406CA
Exhibit A— Documents to be Produced
1. All documents evidencing damage sustained by Plaintiff from the alleged
loss, including but not limited to, estimates for repairs, proposals, contracts,
subcontracts, blueprints, invoices, and reports.
2. All documents evidencing expenditures by or on behalf of Plaintiff for
repair of the alleged damage sustained at the subject insured property, including but not
limited to, estimates for repairs, proposals, contracts, subcontracts, blueprints, canceled
checks for repairs, receipts, invoices, other evidence of payments for such repairs,
reconstruction, modification or restoration of the insured dwelling.
3. All contracts, estimates, invoices, proposals, statements, receipts,
cancelled checks and other documents relating to repairs, remodeling, restoration or
maintenance performed at the insured residence or to the structure in the last five (5)
years.
4. lf your claim seeks reimbursement for replacement cost of personal
property damaged in the alleged loss, please produce any and all documents
evidencing the repair and/or replacement of any such property, including but not limited
to cancelled checks, credit card slips, brochures, appraisals, receipts, purchase orders,
operator manuals, and other pertinent documents.
5. lf your claim seeks reimbursement for replacement or rebuilding of any
structure or appurtenance damaged in the claimed event that is the subject of this
action, please produce any and all documents evidencing the repair and/or replacement
of any such property, including but not limited to estimates, proposals, contracts,
cancelled checks, credit card slips, brochures, appraisals, receipts, purchase orders,
operator manuals, and the like.
6. All photographs or other pictorial representations of the areas of the
subject insured property claimed damaged available to you, depicting the property
condition before, and after the activities occurred.
7. All policies of insurance under which any claim has been made related to
the alleged damage, and all correspondence, applications, memoranda, or other
documents relating to said policies of insurance or any claim under said policies of
insurance, including any and all notices of cancellation or requests for premiums.
8. Any and all engineering reports, incident reports, statements or
investigative materials obtained regarding the cause of the alleged loss.
Page 3
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD
- SUITE 400
- TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
CASE NO.: 19004406CA
9. All documents and records relating to any aspect of the insurance claim
submitted to any insurance company as a result of the subject loss.
10. A copy of each resume, curriculum vitae, and other document listing the
qualifications of any experts hired by you or on behalf of you who may testify at trial.
11. | Any and all sworn proof of loss forms executed by Plaintiff in connection
with any and all insurance claims filed with Defendant as a result of the incident alleged
in the Complaint.
12. | Any and all documents supporting Plaintiff compliance with his post-loss
obligations under the insurance policy, including his obligation to make reasonable and
necessary repairs to protect the property from further damage.
13. | Any and all documents relating to any prior insurance claims made by
Plaintiff pursuant to the property described in the Complaint.
Page 4
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD
- SUITE 400
- TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
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Filing # 122330297 E-Filed 03/02/2021 01:41:59 PM IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 19004406CA JAMES R. SMITH, Plaintiff, V. SECURITY FIRST INSURANCE COMPANY, Defendant. a| NOTICE OF TAKING DEPOSITION DUCES TECUM OF PLAINTIFF PLEASE TAKE NOTICE that pursuant to the Florida Rules of Civil Procedure 1.310(b)(6), Defendant, through the undersigned counsel, will take the deposition, by oral examination of the following persons as indicated below NAME: James R. Smith DATE: March 26, 2021 TIME: 10:00 a.m. LOCATION: U.S. Legal Support Via Zoom Link (To Be Provided) upon oral examination for purpose of discovery or use as evidence in this action, or for such other purposes as authorized under applicable statutes and/or the Florida Rules of Civil Procedure, before, U.S. Legal Support, Notary Public, or before some other officer authorized by law to administer oaths, who is not a relative, employee, attorney, or counsel of any of the parties, or a relative, or employee of such attorney or counsel, or financially interested in the action, and pursuant to adjournments, ifany, by said office until said testimony shall be completed. You are hereby notified to be present at the time and place stated. The Plaintiff shall produce all items requested on the attached Exhibit “A”. Page 1 COLE, SCOTT & KISSANE, P.A. CASE NO.: 19004406CA CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 2nd day of March, 2021, a true and correct copy of the foregoing was filed with the Clerk of BAY County by using the Florida Courts e- Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Justin Petrie, Esq., Kandell, Kandell & Petrie, justin@kkpfirm.com; jenni@kkpfirm.com; kathy@kkpfirm.com, 2665 S. Bayshore Drive, Suite 601, Coconut Grove, FL 33133, (305) 858-2220/(305) 858-2722 (F), Attorney for Plaintiff, James R. Smith. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant SECURITY FIRST INSURANCE COMPANY 4301 West Boy Scout Boulevard Suite 400 Tampa, Florida 33607 Telephone (813) 864-9330 Facsimile (813) 286-2900 Primary e-mail: paydon.broeder@csklegal.com Alternate e-mail: margaret- ann.newball@csklegal.com By: _s/Paydon R. Broeder PAYDON R. BROEDER Florida Bar No.: 106881 0504.3686-00/23159681 Page 2 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX CASE NO.: 19004406CA Exhibit A— Documents to be Produced 1. All documents evidencing damage sustained by Plaintiff from the alleged loss, including but not limited to, estimates for repairs, proposals, contracts, subcontracts, blueprints, invoices, and reports. 2. All documents evidencing expenditures by or on behalf of Plaintiff for repair of the alleged damage sustained at the subject insured property, including but not limited to, estimates for repairs, proposals, contracts, subcontracts, blueprints, canceled checks for repairs, receipts, invoices, other evidence of payments for such repairs, reconstruction, modification or restoration of the insured dwelling. 3. All contracts, estimates, invoices, proposals, statements, receipts, cancelled checks and other documents relating to repairs, remodeling, restoration or maintenance performed at the insured residence or to the structure in the last five (5) years. 4. lf your claim seeks reimbursement for replacement cost of personal property damaged in the alleged loss, please produce any and all documents evidencing the repair and/or replacement of any such property, including but not limited to cancelled checks, credit card slips, brochures, appraisals, receipts, purchase orders, operator manuals, and other pertinent documents. 5. lf your claim seeks reimbursement for replacement or rebuilding of any structure or appurtenance damaged in the claimed event that is the subject of this action, please produce any and all documents evidencing the repair and/or replacement of any such property, including but not limited to estimates, proposals, contracts, cancelled checks, credit card slips, brochures, appraisals, receipts, purchase orders, operator manuals, and the like. 6. All photographs or other pictorial representations of the areas of the subject insured property claimed damaged available to you, depicting the property condition before, and after the activities occurred. 7. All policies of insurance under which any claim has been made related to the alleged damage, and all correspondence, applications, memoranda, or other documents relating to said policies of insurance or any claim under said policies of insurance, including any and all notices of cancellation or requests for premiums. 8. Any and all engineering reports, incident reports, statements or investigative materials obtained regarding the cause of the alleged loss. Page 3 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX CASE NO.: 19004406CA 9. All documents and records relating to any aspect of the insurance claim submitted to any insurance company as a result of the subject loss. 10. A copy of each resume, curriculum vitae, and other document listing the qualifications of any experts hired by you or on behalf of you who may testify at trial. 11. | Any and all sworn proof of loss forms executed by Plaintiff in connection with any and all insurance claims filed with Defendant as a result of the incident alleged in the Complaint. 12. | Any and all documents supporting Plaintiff compliance with his post-loss obligations under the insurance policy, including his obligation to make reasonable and necessary repairs to protect the property from further damage. 13. | Any and all documents relating to any prior insurance claims made by Plaintiff pursuant to the property described in the Complaint. Page 4 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX