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Filing # 123405650 E-Filed 03/19/2021 11:56:03 AM
IN THE CIRCUIT COURT OF THE 14!
JUDICIAL CIRCUIT IN AND FOR
BAY COUNTY, FLORIDA
CASE NO.: 19004412CA
JAMIE AND JENNIFER CARR,
Plaintiffs,
VS.
GULFSTREAM PROPERTY AND
CASUALTY INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM
OF JOHN NOVAK
Date and time coordinated with opposing counsel
Deponent to be produced by opposing counsel
Parties will be appearing via video conference
PLEASE TAKE NOTICE that Plaintiffs, JAMIE AND JENNIFER CARR, through the
undersigned counsel will take the deposition, by oral examination of the following person as
indicated below or at such other location, time, and date as ismutually agreed upon by counsel
or ordered by the Court, before an associate or deputy court reporter who is not of counsel to the
parties or interested in the events of this cause.
NAME DATE/TIME
John Novak May 4, 2021 at 1:00pm
EST
The deponent is directed to produce for inspection and/or copying the documents listed in
Schedule A of this notice 10 days prior to the scheduled deposition. This is in an effort to
expedite the deposition in order to allow Plaintiffs to review the documents prior to the
deposition. If the documents are not provided prior to the deposition the Defendant is put on
notice that Plaintiffs will reserve the necessary time prior to the deposition in order to review the
documents. Plaintiffs will reimburse deponent for all reasonable costs associated with producing
the requested documents as allowed by the Florida Rules of Civil Procedure. If any documents
are being claimed as privileged, Defendant must file a privilege log prior to the deposition with
enough time for the Court to rule upon said objections prior to the deposition with enough time
for the Court to rule upon said objections prior to the deposition.
The deposition is being taken for the purpose of discovery, use at trial and/or for such
other purposes as permitted under the Florida Rules of Civil Procedure.
The deposition will be videotaped and the name and address of the operator will be
provided after Defendant provides the date and location of the deposition as referenced above.
**Documents responsive to Schedule A of this notice over which Defendant has
claimed a privilege need not be produced to Plaintiffs, but must be brought to the deposition
Should the need arise to refresh the witness’ recollection as to questions regarding non-
privileged matters. Plaintiffs stipulate that the witness’ use of such documents to refresh
recollection will not waive any privilege Defendant has claimed over such documents, nor
entitle Plaintiffs to review or receive production of such documents at the deposition, and
Plaintiffs retain the right to challenge any claims of privilege prior to or after the
deposition. **
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served on
this 19th day of March, 2021, via the Florida E-Filing Portal to: Kathy J. Maus, Esq., Butler
Weihmuller Katz Craig LLP, 400 North Ashley Drive, Suite 2300, Tampa, FL 33602,
kmaus@butler.legal.
GED LAWYERS, LLP
Attorneys for the Plaintiff
7171 North Federal Highway
Boca Raton, FL 33487
Telephone: (561) 995-1966
Facsimile: (561) 241-0812
Primary Email: pdlitlaw@gedlawyers.com
Secondary Email: bgoetsch@igedlawyers.com
BY: /s/Scott M. Rosso
SCOTT M. ROSSO, ESQ.
Florida Bar No.: 505757
DAVID R. SHAHEEN, ESQ.
Florida Bar No.: 0117947
SCHEDULE “A”
1. All documents the deponent reviewed in preparation of this deposition.
2. All documents the deponent will rely upon in responding to the topics discussed
during the deposition.
3. The privilege log for any documents Defendant is claiming a privilege as to for
the deposition.
4, The entire claim file for Plaintiffs’ insurance claim that is the subject of this
action.
5. Any and all notes regarding the insurance claim that is the subject of this action.
6. Any and all unredacted photographs taken of the subject property that is the
subject of this action.
7. Any documents associated with the calculation of Plaintiffs’ insurance claim that
is the subject of this action.
8. Your credentials, including a copy of your CV.
9. Any reports prepared for the insurance claim that is the subject of this action.
10... Any estimates prepared for the insurance claim that is the subject of this action.
11. Any invoices for services performed in reference to the insurance claim that is the
subject of this action.
12. Any documents reflecting payments of any amounts in reference to the insurance
that is the subject of this action.
13. Any documents as to the directives and/or parameters for any inspections
conducted on behalf of the Defendant for Plaintiffs’ insurance claim that is the subject of this
action.
14. Any communications (including correspondence, emails and/or text messages)
that are in any way associated with Plaintiffs’ insurance claim that is the subject of this action.
15. Any communications (including correspondence, emails and/or text messages)
between yourself and the Defendant that are in any way associated with Plaintiffs’ insurance
claim that is the subject of this action.
16. | Any communications (including correspondence, emails and/or text messages)
between yourself and any general contractor that are in any way associated with Plaintiffs’
insurance claim that is the subject of this action.
17. Any communications (including correspondence, emails and/or text messages)
between yourself and any engineer that are in any way associated with Plaintiffs’ insurance claim
that is the subject of this action.
18. Any communications (including correspondence, emails and/or text messages)
between you and any independent adjuster who prepared any estimates on behalf of Defendant
that are in any way associated with Plaintiffs’ insurance claim that is the subject of this action.
19. Any reports, drafts, charts, drawings, diagrams, memoranda and results of any
testing intending to show the cause of damage to Plaintiffs’ subject property that is the subject of
this action.
20. Any reports, drafts, charts, drawings, diagrams, memoranda and results of any
testing intending to show the cause of damage to Plaintiffs’ subject property that is the subject of
this action that support your opinions of the cause of the damage to the subject property.
21. | Any documents which support Defendant’s denial of this subject claim.
22. Any recorded statements taken of the Plaintiffs in this action.
23. Any photographs and videotapes taken of the subject property, both interior and
exterior, prior to the date of loss in this action. Please provide all photographs and videos in
electronic/digital format.
24. Any photographs and videotapes taken of the subject property, both interior and
exterior, subsequent to the date of loss in this action. Please provide all photographs and videos
in electronic/digital format.
25. Copies of any checks paid to the Plaintiffs by Defendant that are in any way
associated with Plaintiffs’ insurance claim that is the subject of this action.
26. Any and all documents regarding any previous claims made by Plaintiffs under
the subject policy.
27. Any appraisal reports prepared on Defendant’s behalf for the subject property.
28. The insurance policy that is the subject of this action.
29. The underwriting file for the insurance policy that is the subject of this action.
30. Any documents created prior to your inspection that you relied upon in
formulating your opinions regarding the damages to Plaintiffs’ property.
31. Any and all notes taken during the inspection of the property.
Preview
Filing # 123405650 E-Filed 03/19/2021 11:56:03 AM IN THE CIRCUIT COURT OF THE 14! JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 19004412CA JAMIE AND JENNIFER CARR, Plaintiffs, VS. GULFSTREAM PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFFS’ NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM OF JOHN NOVAK Date and time coordinated with opposing counsel Deponent to be produced by opposing counsel Parties will be appearing via video conference PLEASE TAKE NOTICE that Plaintiffs, JAMIE AND JENNIFER CARR, through the undersigned counsel will take the deposition, by oral examination of the following person as indicated below or at such other location, time, and date as ismutually agreed upon by counsel or ordered by the Court, before an associate or deputy court reporter who is not of counsel to the parties or interested in the events of this cause. NAME DATE/TIME John Novak May 4, 2021 at 1:00pm EST The deponent is directed to produce for inspection and/or copying the documents listed in Schedule A of this notice 10 days prior to the scheduled deposition. This is in an effort to expedite the deposition in order to allow Plaintiffs to review the documents prior to the deposition. If the documents are not provided prior to the deposition the Defendant is put on notice that Plaintiffs will reserve the necessary time prior to the deposition in order to review the documents. Plaintiffs will reimburse deponent for all reasonable costs associated with producing the requested documents as allowed by the Florida Rules of Civil Procedure. If any documents are being claimed as privileged, Defendant must file a privilege log prior to the deposition with enough time for the Court to rule upon said objections prior to the deposition with enough time for the Court to rule upon said objections prior to the deposition. The deposition is being taken for the purpose of discovery, use at trial and/or for such other purposes as permitted under the Florida Rules of Civil Procedure. The deposition will be videotaped and the name and address of the operator will be provided after Defendant provides the date and location of the deposition as referenced above. **Documents responsive to Schedule A of this notice over which Defendant has claimed a privilege need not be produced to Plaintiffs, but must be brought to the deposition Should the need arise to refresh the witness’ recollection as to questions regarding non- privileged matters. Plaintiffs stipulate that the witness’ use of such documents to refresh recollection will not waive any privilege Defendant has claimed over such documents, nor entitle Plaintiffs to review or receive production of such documents at the deposition, and Plaintiffs retain the right to challenge any claims of privilege prior to or after the deposition. ** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served on this 19th day of March, 2021, via the Florida E-Filing Portal to: Kathy J. Maus, Esq., Butler Weihmuller Katz Craig LLP, 400 North Ashley Drive, Suite 2300, Tampa, FL 33602, kmaus@butler.legal. GED LAWYERS, LLP Attorneys for the Plaintiff 7171 North Federal Highway Boca Raton, FL 33487 Telephone: (561) 995-1966 Facsimile: (561) 241-0812 Primary Email: pdlitlaw@gedlawyers.com Secondary Email: bgoetsch@igedlawyers.com BY: /s/Scott M. Rosso SCOTT M. ROSSO, ESQ. Florida Bar No.: 505757 DAVID R. SHAHEEN, ESQ. Florida Bar No.: 0117947 SCHEDULE “A” 1. All documents the deponent reviewed in preparation of this deposition. 2. All documents the deponent will rely upon in responding to the topics discussed during the deposition. 3. The privilege log for any documents Defendant is claiming a privilege as to for the deposition. 4, The entire claim file for Plaintiffs’ insurance claim that is the subject of this action. 5. Any and all notes regarding the insurance claim that is the subject of this action. 6. Any and all unredacted photographs taken of the subject property that is the subject of this action. 7. Any documents associated with the calculation of Plaintiffs’ insurance claim that is the subject of this action. 8. Your credentials, including a copy of your CV. 9. Any reports prepared for the insurance claim that is the subject of this action. 10... Any estimates prepared for the insurance claim that is the subject of this action. 11. Any invoices for services performed in reference to the insurance claim that is the subject of this action. 12. Any documents reflecting payments of any amounts in reference to the insurance that is the subject of this action. 13. Any documents as to the directives and/or parameters for any inspections conducted on behalf of the Defendant for Plaintiffs’ insurance claim that is the subject of this action. 14. Any communications (including correspondence, emails and/or text messages) that are in any way associated with Plaintiffs’ insurance claim that is the subject of this action. 15. Any communications (including correspondence, emails and/or text messages) between yourself and the Defendant that are in any way associated with Plaintiffs’ insurance claim that is the subject of this action. 16. | Any communications (including correspondence, emails and/or text messages) between yourself and any general contractor that are in any way associated with Plaintiffs’ insurance claim that is the subject of this action. 17. Any communications (including correspondence, emails and/or text messages) between yourself and any engineer that are in any way associated with Plaintiffs’ insurance claim that is the subject of this action. 18. Any communications (including correspondence, emails and/or text messages) between you and any independent adjuster who prepared any estimates on behalf of Defendant that are in any way associated with Plaintiffs’ insurance claim that is the subject of this action. 19. Any reports, drafts, charts, drawings, diagrams, memoranda and results of any testing intending to show the cause of damage to Plaintiffs’ subject property that is the subject of this action. 20. Any reports, drafts, charts, drawings, diagrams, memoranda and results of any testing intending to show the cause of damage to Plaintiffs’ subject property that is the subject of this action that support your opinions of the cause of the damage to the subject property. 21. | Any documents which support Defendant’s denial of this subject claim. 22. Any recorded statements taken of the Plaintiffs in this action. 23. Any photographs and videotapes taken of the subject property, both interior and exterior, prior to the date of loss in this action. Please provide all photographs and videos in electronic/digital format. 24. Any photographs and videotapes taken of the subject property, both interior and exterior, subsequent to the date of loss in this action. Please provide all photographs and videos in electronic/digital format. 25. Copies of any checks paid to the Plaintiffs by Defendant that are in any way associated with Plaintiffs’ insurance claim that is the subject of this action. 26. Any and all documents regarding any previous claims made by Plaintiffs under the subject policy. 27. Any appraisal reports prepared on Defendant’s behalf for the subject property. 28. The insurance policy that is the subject of this action. 29. The underwriting file for the insurance policy that is the subject of this action. 30. Any documents created prior to your inspection that you relied upon in formulating your opinions regarding the damages to Plaintiffs’ property. 31. Any and all notes taken during the inspection of the property.