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Filing # 103296752 E-Filed 02/13/2020 04:56:36 PM
IN THE CIRCUIT COURT OF THE 147
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 DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE
PURSUANT TO RULE 1.310(b)(6)
Date and time coordinated with opposing counsel
PLEASE TAKE NOTICE that Plaintiffs, JAMIE AND JENNIFER CARR, through the
undersigned counsel will take the deposition, by oral examination of the following person
pursuant to Fla.R.Civ.P. 1.310(b)(6) as indicated below or at such other location, time, and date
as is mutually 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 PLACE
Corporate representative June 16, 2020 at 1:00p.m. EST | Empire Legal
designated by the Defendant to 283 Cranes Roost Blvd.
testify as to the topics listed in Suite 111
Schedule A&B of this notice. The Altamonte Springs, FL
persons so designated must testify 32701
about matters known or reasonably
available to the Defendant. Fa. R.
Civ. P. 1.310(b)(6).
The deponent is directed to produce for inspection and/or copying the documents listed in
Schedule A&B 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 documentsare 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.
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&B 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 on this 13th day of February, 2020, a true and correct copy of
the foregoing has been furnished via e-Portal, to: Kathy J. Maus, Esq., kmaus@butler.legal,
BUTLER WEIHMULLER KATZ CRAIG LLP, 400 North Ashley Drive, Suite 2300, Tampa,
FL 33602, Attorneys for Defendant.
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@gedlawvers.com
Secondary Email: bluque@sedlawyers.com
BY: /s/Scott M. Rosso
SCOTT M. ROSSO, ESQ.
Florida Bar No.: 505757
DAVID R. SHAHEEN, ESQ.
Florida Bar No.: 0117947
2-
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-1966SCHEDULE “A”
1. The Corporate Representative who can identify by full name and company title all
persons who participated in the handling of Plaintiffs’ insurance claim that is the subject of this
action.
2. The Corporate Representative who can testify regarding the entire investigation of
Plaintiffs’ insurance claim that is the subject of this action.
3. The Corporate Representative who can testify regarding any payments that were
or were not made to the Plaintiffs and/or on their behalf in reference to the insurance claim that is
the subject of this action.
4. The Corporate Representative who can testify as to the valuation of the insurance
claim that is the subject of this action.
5. The Corporate Representative who can testify as to the affirmative defenses
asserted by Defendant in this action.
6. The Corporate Representative who can testify as to Defendant’s responses to
written discovery in this action.
7. The Corporate Representative who can testify as to the insurance policy that is the
subject of this action.
8. The Corporate Representative who can testify as to the date the Defendant
anticipated litigation as to the insurance claim that is the subject of this claim.
9. The Corporate Representative who can testify as to the training of any adjusters
working on behalf of the Defendant.
10. | The Corporate Representative who can testify as to the decisions made on the
subject claim.
3.
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-196611. | The Corporate Representative who can testify as to the credentials of any
individual who inspected the Plaintiffs’ property in reference to the insurance claim that is the
subject of this claim.
12. The Corporate Representative who can testify as to the credentials of any
individual who Defendant retained to make repairs at the Plaintiffs’ property for the subject
claim.
SCHEDULE “B”
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 documents associated with the calculation of Plaintiffs’ insurance claim that
is the subject of this action.
6. The credentials of any person who inspected and/or handled the insurance claim
that is the subject of this claim.
7. The credentials of any person who Defendant retained to provide all estimates at
the subject property for the subject claim.
8. Any reports prepared for the insurance claim that is the subject of this action.
9. Any estimates prepared for the insurance claim that is the subject of this action.
10. Any invoices for services performed in reference to the insurance claim that is the
subject of this action.
-4-
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-196611. Any documents reflecting payments of any amounts in reference to the insurance
that is the subject of this action.
12. 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.
13. 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.
14. Any communications (including correspondence, emails and/or text messages)
between Defendant and any independent adjuster 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 Defendant and any general contractor 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 Defendant and any engineer 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 Defendant and any field adjuster or 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.
18. 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.
19. Any documents which support Defendant’s denial of this subject claim.
5.
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-196620. Any recorded statements taken of the Plaintiffs in this action.
21. 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.
22. 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.
23. 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.
24. Copies of any checks paid to the Plaintiffs by Defendant for any previous claims
made by Plaintiffs under the subject policy.
25. Any appraisal reports prepared on Defendant’s behalf for the subject property.
26. The insurance policy that is the subject of this action.
27. The underwriting file for the insurance policy that is the subject of this action.
28. Any documents that Defendant is relying upon in defense to this action.
-6-
GED LAWYERS, LLP
7171 North Federal Highway, Boca Raton, FL 33487
Phone: (561) 995-1966
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Filing # 103296752 E-Filed 02/13/2020 04:56:36 PM IN THE CIRCUIT COURT OF THE 147 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 DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE PURSUANT TO RULE 1.310(b)(6) Date and time coordinated with opposing counsel PLEASE TAKE NOTICE that Plaintiffs, JAMIE AND JENNIFER CARR, through the undersigned counsel will take the deposition, by oral examination of the following person pursuant to Fla.R.Civ.P. 1.310(b)(6) as indicated below or at such other location, time, and date as is mutually 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 PLACE Corporate representative June 16, 2020 at 1:00p.m. EST | Empire Legal designated by the Defendant to 283 Cranes Roost Blvd. testify as to the topics listed in Suite 111 Schedule A&B of this notice. The Altamonte Springs, FL persons so designated must testify 32701 about matters known or reasonably available to the Defendant. Fa. R. Civ. P. 1.310(b)(6). The deponent is directed to produce for inspection and/or copying the documents listed in Schedule A&B 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 documentsare 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. 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&B 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 on this 13th day of February, 2020, a true and correct copy of the foregoing has been furnished via e-Portal, to: Kathy J. Maus, Esq., kmaus@butler.legal, BUTLER WEIHMULLER KATZ CRAIG LLP, 400 North Ashley Drive, Suite 2300, Tampa, FL 33602, Attorneys for Defendant. 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@gedlawvers.com Secondary Email: bluque@sedlawyers.com BY: /s/Scott M. Rosso SCOTT M. ROSSO, ESQ. Florida Bar No.: 505757 DAVID R. SHAHEEN, ESQ. Florida Bar No.: 0117947 2- GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-1966SCHEDULE “A” 1. The Corporate Representative who can identify by full name and company title all persons who participated in the handling of Plaintiffs’ insurance claim that is the subject of this action. 2. The Corporate Representative who can testify regarding the entire investigation of Plaintiffs’ insurance claim that is the subject of this action. 3. The Corporate Representative who can testify regarding any payments that were or were not made to the Plaintiffs and/or on their behalf in reference to the insurance claim that is the subject of this action. 4. The Corporate Representative who can testify as to the valuation of the insurance claim that is the subject of this action. 5. The Corporate Representative who can testify as to the affirmative defenses asserted by Defendant in this action. 6. The Corporate Representative who can testify as to Defendant’s responses to written discovery in this action. 7. The Corporate Representative who can testify as to the insurance policy that is the subject of this action. 8. The Corporate Representative who can testify as to the date the Defendant anticipated litigation as to the insurance claim that is the subject of this claim. 9. The Corporate Representative who can testify as to the training of any adjusters working on behalf of the Defendant. 10. | The Corporate Representative who can testify as to the decisions made on the subject claim. 3. GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-196611. | The Corporate Representative who can testify as to the credentials of any individual who inspected the Plaintiffs’ property in reference to the insurance claim that is the subject of this claim. 12. The Corporate Representative who can testify as to the credentials of any individual who Defendant retained to make repairs at the Plaintiffs’ property for the subject claim. SCHEDULE “B” 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 documents associated with the calculation of Plaintiffs’ insurance claim that is the subject of this action. 6. The credentials of any person who inspected and/or handled the insurance claim that is the subject of this claim. 7. The credentials of any person who Defendant retained to provide all estimates at the subject property for the subject claim. 8. Any reports prepared for the insurance claim that is the subject of this action. 9. Any estimates prepared for the insurance claim that is the subject of this action. 10. Any invoices for services performed in reference to the insurance claim that is the subject of this action. -4- GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-196611. Any documents reflecting payments of any amounts in reference to the insurance that is the subject of this action. 12. 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. 13. 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. 14. Any communications (including correspondence, emails and/or text messages) between Defendant and any independent adjuster 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 Defendant and any general contractor 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 Defendant and any engineer 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 Defendant and any field adjuster or 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. 18. 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. 19. Any documents which support Defendant’s denial of this subject claim. 5. GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-196620. Any recorded statements taken of the Plaintiffs in this action. 21. 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. 22. 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. 23. 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. 24. Copies of any checks paid to the Plaintiffs by Defendant for any previous claims made by Plaintiffs under the subject policy. 25. Any appraisal reports prepared on Defendant’s behalf for the subject property. 26. The insurance policy that is the subject of this action. 27. The underwriting file for the insurance policy that is the subject of this action. 28. Any documents that Defendant is relying upon in defense to this action. -6- GED LAWYERS, LLP 7171 North Federal Highway, Boca Raton, FL 33487 Phone: (561) 995-1966