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Filing # 106651286 E-Filed 04/24/2020 09:00:47 AM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
CIVIL DIVISION
DONNA BODNER,
Plaintiff, Case No. 19-004473-CA
vs.
TOWER HILL SELECT
INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S RESPONSE TO DEFENDANT'S FIRST
REQUEST FOR PRODUCTION DATED FEBRUARY 13, 2020
COMES NOW the Plaintiff, DONNA BODNER (“MS. BODNER’), by and through
her undersigned attorney, and hereby files her Response to Defendant’s, TOWER HILL
SELECT INSURANCE COMPANY (“TOWER HILL”), Request for Production dated
February 13, 2020, as follows:
GENERAL OBJECTIONS
The following General Objections to Defendant's Request for Production are hereby
incorporated by reference into each of Plaintiff's separate responses. The Objections and
Statements set forth in this section apply to each Request and are not necessarily repeated in
each of Plaintiffs separate responses. The assertion of the same, similar or additional
Objections, or the failure to assert any additional objection to an Request, shall not be construed
as a waiver of Plaintiffs General Objections.
1. Plaintiff objects to Defendant's Request for Production to the extent the
Requests seek the disclosure of materials protected from disclosure by the attorney-client
privilege, the attorney work product doctrine, and any other applicable protection, restriction or
immunity from discovery. Such privileges are explicitly preserved and are not waived or limited
by any response herein.
2. Plaintiff objects to Defendant's Request for Production to the extent the Requests
seek information that is neither relevant to this action nor reasonably calculated to lead to the
discovery of admissible evidence.3. Plaintiff objects to Defendant's Request for Production to the extent that
developing a response to any individual Request would be oppressive, unduly burdensome, and
unreasonably expensive or would require an unreasonable investigation on the part of Plaintiff.
4. Plaintiff objects to each Request to the extent that it seeks information that is not
in the possession, custody or control of Plaintiff.
5. Plaintiff objects to each Request to the extent a relevant time period is not
specified or the time period specified is overly broad.
6. Plaintiff objects to Defendant’s Request for Production to the extent it requests
information and/or documentation regarding the use of the terms “all,” “any,” and/or “each,”
when used with respect to persons, facts, circumstances or documents as such terms are overly
broad, unduly burdensome, vague and/or ambiguous.
7. Plaintiff objects to Defendant's Request for Production to the extent that any
individual Request is ambiguous, confusing, misleading or unclear.
8. Plaintiff objects to Defendant's Request for Production to the extent the Requests
purport to require the disclosure of confidential, proprietary, or otherwise protected business and
commercial information.
9. To the extent Plaintiff responds to an Request to which she objects, such
Objections are not waived. These responses are made without waiver of, and with preservation
of all issues as to the competency, relevancy, materiality, privilege and admissibility of these
responses and the documents produced for any purposes, and Plaintiff specifically preserves
her Objections to any documents inadvertently produced.
10. In addition to these General Objections, Plaintiff may set forth further Objections
with her specific responses below. By setting forth such specific Objections, Plaintiff does not
intend to limit or restrict these General Objections, which are incorporated by reference into
each of Plaintiff's responses.REQUEST NO. 1
Policy of homeowners insurance, flood insurance, wind insurance, multi-peril insurance
or any other insurance that provided coverage to the subject property in effect on
October 10, 2018, or that has been obtained since October 10, 2018.
RESPONSE:
Documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
REQUEST NO. 2
All documents generated by you, on you own initiative, or at the request of the
homeowners carrier, fire carrier, flood carrier, multi-peril carrier and/or the wind carrier
related to damages or losses from the storm event on or about October 10, 2018.
RESPONSE:
Documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
REQUEST NO. 3
All documents delivered to you by, or on behalf, of an insurance company insuring the
property and related to the subject property.
RESPONSE:
Documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
REQUEST NO. 4
All reports, estimates, bills, licenses, resumes and/or other credentials of every
contractor, repairman, or appraiser who inspected, surveyed and/or repaired any part of
your property that you claim was damaged or destroyed by the storm event on or about
October 10, 2018.
RESPONSE:
To the extent in MS. BODNER’S possession, documents responsive to this
request will be produced and/or are already in the possession of TOWER HILL.REQUEST NO. 5
All statements taken from Defendant or statements from any representative of
Defendant, including contract adjusters and engineers, however preserved, concerning
any issue in this case.
RESPONSE:
Objection. To the extent that this Request seeks information protected by the
attorney-client privilege and/or work-product doctrine, MS. BODNER objects.
MS. BODNER further objects to identifying any non-testifying consulting experts
at this time. Additionally, MS. BODNER objects to the extent that TOWER HILL
seeks information regarding potential fact witnesses that may be called at trial
that would require the disclosure of the mental impressions, thoughts, opinions
and work-product of her counsel.
REQUEST NO. 6
All photographs, motion pictures, diagrams, models, or videotapes of the subject
property created after October 10, 2018.
RESPONSE:
Objection. To the extent that this Interrogatory seeks information protected by
the attorney-client privilege and/or work-product doctrine, MS. BODNER objects.
MS. BODNER further objects to identifying any non-testifying consulting experts
at this time. Additionally, MS. BODNER objects to the extent that TOWER HILL
seeks information regarding potential fact witnesses that may be called at trial
that would require the disclosure of the mental impressions, thoughts, opinions
and work-product of her counsel.
Without waiving any objections, MS. BODNER states as follows:
To the extent in MS. BODNER’S possession, documents responsive to this
request will be produced and/or are already in the possession of TOWER HILL.
REQUEST NO. 7
Photographs, videotapes, and any other material of any kind or nature whether in
hardcopy or stored digitally or otherwise depicting the condition of the property subject
to this litigation prior to October 10, 2018.
RESPONSE:
To the extent in MS. BODNER’S possession, documents responsive to this
request will be produced and/or are already in the possession of TOWER HILL.REQUEST NO. 8
All documents and correspondence received by you from Defendant, its agents,
employees, or other representatives from March 1, 2013, to the present.
RESPONSE:
Objection. To the extent this Request is overly broad, unduly burdensome, vague
and ambiguous, harassing, not limited in scope and requests documents for a
period of seven (7) years not reasonably calculated to lead to the discovery of
admissible evidence, MS. BODNER objects.
Without waiving and subject to MS. BODNER’S objections, documents with
regard to the subject loss and responsive to this request and will be produced.
REQUEST NO. 9
All documents reflecting any debt or secured interest held by any person or entity
against the subject property after January 1, 2018, including, but not limited to,
mortgages, promissory notes, liens, etc.
RESPONSE:
Documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
REQUEST NO. 10
All documents relating to contents you claim were damaged, lost, or destroyed as a
result of the storm event on or about October 10, 2018, including, bills, receipts, check
registers, canceled checks, credit card receipts and inventories.
RESPONSE:
Documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
REQUEST NO. 11
All documents provided to you by, or on behalf of, the city or county government entity
after October 10, 2018, that related to the subject property.
RESPONSE:
None.REQUEST NO. 12
A copy of each agreement entered into with any public adjuster regarding any issue in
this law suit.
RESPONSE:
Documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
REQUEST NO. 13
Any and all expert reports generated for the property after October 10, 2018, including,
but not limited to, reports generated by engineers, construction experts/professionals,
government inspectors, and flood adjusters.
RESPONSE:
Objection. To the extent that this Request seeks information protected by the
attorney-client privilege and/or work product doctrine, MS. BODNER objects.
Without waiving and subject to MS. BODNER’S objections, non-privileged
documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
REQUEST NO. 14
All contracts and exhibits thereto made between you and any contractor for repairs
resulting for damages claimed from the storm event on or about October 10, 2018.
RESPONSE:
Documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
REQUEST NO. 15
Receipts and proof of payments to any contractor or vendor for services for repair or
remediation that makes the basis for your claim.
RESPONSE:
To the extent in MS. BODNER’S possession, documents responsive to this
request will be produced and/or are already in the possession of TOWER HILL.REQUEST NO. 16
Any and all claims, claim forms, proofs of claim, proof of loss, and any and all of the
documents of any kind or nature which you have completed and submitted or intend to
submit, to any insurance carrier with regard to damage caused to the property which is
the subject of this litigation by, or during, the storm event on or about October 10, 2018.
RESPONSE:
Documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
REQUEST NO. 17
Any and all claims, claim forms, proofs of claim, and any and all other documents of any
kind or nature which you have completed and submitted, or intend to submit, to any
governmental agency with regard to damage caused to the property which is the subject
of this litigation by or during the storm event on or about October 10, 2018.
RESPONSE:
Documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
REQUEST NO. 18
A copy of any documents evidencing repairs or maintenance to the property from five
years prior to the subject loss to the present.
RESPONSE:
None.
REQUEST NO. 19
Documents related to any sale of the subject property subsequent to Hurricane Michael
including, but not limited to, all closing documents, appraisals, inspections, surveys,
sales contracts, correspondence and photographs.
RESPONSE:
None.REQUEST NO. 20
All documents that would support the allegations of your Complaint, or were relied upon,
or referenced in preparation of your response to Citizens’ [sic] Interrogatories served
concurrently with this Request for Production of Documents.
RESPONSE:
Objection. To the extent that this Request seeks information protected by the
attorney-client privilege and/or work product doctrine, MS. BODNER objects.
Without waiving and subject to MS. BODNER’S objections, non-privileged
documents responsive to this request will be produced and/or are already in the
possession of TOWER HILL.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on April 24, 2020, the foregoing has been furnished via
e-mail and electronically filed with the Clerk of Court by using the Florida Courts eFiling
Portal system which will send a Notice of Electronic Filing to all counsel or parties of
record as follows:
Gregory M. Shoemaker, Esquire
Wade, Palmer & Shoemaker
14 North Palafox Street
Pensacola, Florida 32502
gshoemaker@wpslawyers.com
ssmith@wpslawyers.com
cschreiner@wpslawyers.com
David J, Pettinato-
DAVID J. PETTINATO, ESQUIRE
Florida Bar Number: 062324
MERLIN LAW GROUP, P.A.
777 S. Harbour Island Blvd., Suite 950
Tampa, Florida 33602
Tel.: (813) 229-1000 / Fax: (813) 229-3692
Attorney for Plaintiff
dpettinato@merlinlawgroup.com
smerriett@merlinlawgroup.com
trodriguez@merlinlawgroup.com
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Filing # 106651286 E-Filed 04/24/2020 09:00:47 AM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CIVIL DIVISION DONNA BODNER, Plaintiff, Case No. 19-004473-CA vs. TOWER HILL SELECT INSURANCE COMPANY, Defendant. / PLAINTIFF’S RESPONSE TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION DATED FEBRUARY 13, 2020 COMES NOW the Plaintiff, DONNA BODNER (“MS. BODNER’), by and through her undersigned attorney, and hereby files her Response to Defendant’s, TOWER HILL SELECT INSURANCE COMPANY (“TOWER HILL”), Request for Production dated February 13, 2020, as follows: GENERAL OBJECTIONS The following General Objections to Defendant's Request for Production are hereby incorporated by reference into each of Plaintiff's separate responses. The Objections and Statements set forth in this section apply to each Request and are not necessarily repeated in each of Plaintiffs separate responses. The assertion of the same, similar or additional Objections, or the failure to assert any additional objection to an Request, shall not be construed as a waiver of Plaintiffs General Objections. 1. Plaintiff objects to Defendant's Request for Production to the extent the Requests seek the disclosure of materials protected from disclosure by the attorney-client privilege, the attorney work product doctrine, and any other applicable protection, restriction or immunity from discovery. Such privileges are explicitly preserved and are not waived or limited by any response herein. 2. Plaintiff objects to Defendant's Request for Production to the extent the Requests seek information that is neither relevant to this action nor reasonably calculated to lead to the discovery of admissible evidence.3. Plaintiff objects to Defendant's Request for Production to the extent that developing a response to any individual Request would be oppressive, unduly burdensome, and unreasonably expensive or would require an unreasonable investigation on the part of Plaintiff. 4. Plaintiff objects to each Request to the extent that it seeks information that is not in the possession, custody or control of Plaintiff. 5. Plaintiff objects to each Request to the extent a relevant time period is not specified or the time period specified is overly broad. 6. Plaintiff objects to Defendant’s Request for Production to the extent it requests information and/or documentation regarding the use of the terms “all,” “any,” and/or “each,” when used with respect to persons, facts, circumstances or documents as such terms are overly broad, unduly burdensome, vague and/or ambiguous. 7. Plaintiff objects to Defendant's Request for Production to the extent that any individual Request is ambiguous, confusing, misleading or unclear. 8. Plaintiff objects to Defendant's Request for Production to the extent the Requests purport to require the disclosure of confidential, proprietary, or otherwise protected business and commercial information. 9. To the extent Plaintiff responds to an Request to which she objects, such Objections are not waived. These responses are made without waiver of, and with preservation of all issues as to the competency, relevancy, materiality, privilege and admissibility of these responses and the documents produced for any purposes, and Plaintiff specifically preserves her Objections to any documents inadvertently produced. 10. In addition to these General Objections, Plaintiff may set forth further Objections with her specific responses below. By setting forth such specific Objections, Plaintiff does not intend to limit or restrict these General Objections, which are incorporated by reference into each of Plaintiff's responses.REQUEST NO. 1 Policy of homeowners insurance, flood insurance, wind insurance, multi-peril insurance or any other insurance that provided coverage to the subject property in effect on October 10, 2018, or that has been obtained since October 10, 2018. RESPONSE: Documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 2 All documents generated by you, on you own initiative, or at the request of the homeowners carrier, fire carrier, flood carrier, multi-peril carrier and/or the wind carrier related to damages or losses from the storm event on or about October 10, 2018. RESPONSE: Documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 3 All documents delivered to you by, or on behalf, of an insurance company insuring the property and related to the subject property. RESPONSE: Documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 4 All reports, estimates, bills, licenses, resumes and/or other credentials of every contractor, repairman, or appraiser who inspected, surveyed and/or repaired any part of your property that you claim was damaged or destroyed by the storm event on or about October 10, 2018. RESPONSE: To the extent in MS. BODNER’S possession, documents responsive to this request will be produced and/or are already in the possession of TOWER HILL.REQUEST NO. 5 All statements taken from Defendant or statements from any representative of Defendant, including contract adjusters and engineers, however preserved, concerning any issue in this case. RESPONSE: Objection. To the extent that this Request seeks information protected by the attorney-client privilege and/or work-product doctrine, MS. BODNER objects. MS. BODNER further objects to identifying any non-testifying consulting experts at this time. Additionally, MS. BODNER objects to the extent that TOWER HILL seeks information regarding potential fact witnesses that may be called at trial that would require the disclosure of the mental impressions, thoughts, opinions and work-product of her counsel. REQUEST NO. 6 All photographs, motion pictures, diagrams, models, or videotapes of the subject property created after October 10, 2018. RESPONSE: Objection. To the extent that this Interrogatory seeks information protected by the attorney-client privilege and/or work-product doctrine, MS. BODNER objects. MS. BODNER further objects to identifying any non-testifying consulting experts at this time. Additionally, MS. BODNER objects to the extent that TOWER HILL seeks information regarding potential fact witnesses that may be called at trial that would require the disclosure of the mental impressions, thoughts, opinions and work-product of her counsel. Without waiving any objections, MS. BODNER states as follows: To the extent in MS. BODNER’S possession, documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 7 Photographs, videotapes, and any other material of any kind or nature whether in hardcopy or stored digitally or otherwise depicting the condition of the property subject to this litigation prior to October 10, 2018. RESPONSE: To the extent in MS. BODNER’S possession, documents responsive to this request will be produced and/or are already in the possession of TOWER HILL.REQUEST NO. 8 All documents and correspondence received by you from Defendant, its agents, employees, or other representatives from March 1, 2013, to the present. RESPONSE: Objection. To the extent this Request is overly broad, unduly burdensome, vague and ambiguous, harassing, not limited in scope and requests documents for a period of seven (7) years not reasonably calculated to lead to the discovery of admissible evidence, MS. BODNER objects. Without waiving and subject to MS. BODNER’S objections, documents with regard to the subject loss and responsive to this request and will be produced. REQUEST NO. 9 All documents reflecting any debt or secured interest held by any person or entity against the subject property after January 1, 2018, including, but not limited to, mortgages, promissory notes, liens, etc. RESPONSE: Documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 10 All documents relating to contents you claim were damaged, lost, or destroyed as a result of the storm event on or about October 10, 2018, including, bills, receipts, check registers, canceled checks, credit card receipts and inventories. RESPONSE: Documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 11 All documents provided to you by, or on behalf of, the city or county government entity after October 10, 2018, that related to the subject property. RESPONSE: None.REQUEST NO. 12 A copy of each agreement entered into with any public adjuster regarding any issue in this law suit. RESPONSE: Documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 13 Any and all expert reports generated for the property after October 10, 2018, including, but not limited to, reports generated by engineers, construction experts/professionals, government inspectors, and flood adjusters. RESPONSE: Objection. To the extent that this Request seeks information protected by the attorney-client privilege and/or work product doctrine, MS. BODNER objects. Without waiving and subject to MS. BODNER’S objections, non-privileged documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 14 All contracts and exhibits thereto made between you and any contractor for repairs resulting for damages claimed from the storm event on or about October 10, 2018. RESPONSE: Documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 15 Receipts and proof of payments to any contractor or vendor for services for repair or remediation that makes the basis for your claim. RESPONSE: To the extent in MS. BODNER’S possession, documents responsive to this request will be produced and/or are already in the possession of TOWER HILL.REQUEST NO. 16 Any and all claims, claim forms, proofs of claim, proof of loss, and any and all of the documents of any kind or nature which you have completed and submitted or intend to submit, to any insurance carrier with regard to damage caused to the property which is the subject of this litigation by, or during, the storm event on or about October 10, 2018. RESPONSE: Documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 17 Any and all claims, claim forms, proofs of claim, and any and all other documents of any kind or nature which you have completed and submitted, or intend to submit, to any governmental agency with regard to damage caused to the property which is the subject of this litigation by or during the storm event on or about October 10, 2018. RESPONSE: Documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. REQUEST NO. 18 A copy of any documents evidencing repairs or maintenance to the property from five years prior to the subject loss to the present. RESPONSE: None. REQUEST NO. 19 Documents related to any sale of the subject property subsequent to Hurricane Michael including, but not limited to, all closing documents, appraisals, inspections, surveys, sales contracts, correspondence and photographs. RESPONSE: None.REQUEST NO. 20 All documents that would support the allegations of your Complaint, or were relied upon, or referenced in preparation of your response to Citizens’ [sic] Interrogatories served concurrently with this Request for Production of Documents. RESPONSE: Objection. To the extent that this Request seeks information protected by the attorney-client privilege and/or work product doctrine, MS. BODNER objects. Without waiving and subject to MS. BODNER’S objections, non-privileged documents responsive to this request will be produced and/or are already in the possession of TOWER HILL. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on April 24, 2020, the foregoing has been furnished via e-mail and electronically filed with the Clerk of Court by using the Florida Courts eFiling Portal system which will send a Notice of Electronic Filing to all counsel or parties of record as follows: Gregory M. Shoemaker, Esquire Wade, Palmer & Shoemaker 14 North Palafox Street Pensacola, Florida 32502 gshoemaker@wpslawyers.com ssmith@wpslawyers.com cschreiner@wpslawyers.com David J, Pettinato- DAVID J. PETTINATO, ESQUIRE Florida Bar Number: 062324 MERLIN LAW GROUP, P.A. 777 S. Harbour Island Blvd., Suite 950 Tampa, Florida 33602 Tel.: (813) 229-1000 / Fax: (813) 229-3692 Attorney for Plaintiff dpettinato@merlinlawgroup.com smerriett@merlinlawgroup.com trodriguez@merlinlawgroup.com