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Filing # 104427009 E-Filed 03/05/2020 04:20:34 PM
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 NOTICE OF TAKING DEPOSITION DUCES TECUM
(Via Video Conference)
PLEASE TAKE NOTICE that the pursuant to Florida Rules of Civil Procedure,
Plaintiff, DONNA BODNER, by and through the undersigned counsel, will take the
deposition duces tecum, via video conference of the following person as indicated below,
before an associate or deputy court reporter of Huesby Global Litigation, at the offices as
indicated before its designated representative, who is not of counsel to the parties or
interested in the events of the cause.
NAME DATE LOCATION
Jessica Sickler Thursday Courtyard by Marriott Gulf Shores Craft
June 25, 2020 Farms
9:00 a.m. CT 3750 Gulf Shores Parkway
(10:00 a.m. ET) Gulf Shores, Alabama 36542
Phone: 251-968-1113
The deponent is directed to produce for inspection or copying at or before the
time of the deposition the documents called for in the attached Schedule “A” & “B.” You
are invited to attend. This deposition is being taken for the purpose of discovery for use
at trial, or for such other purposes as are permitted under the Florida Rules of Civil
Procedure for Case No. 19-004473-CA.
The deposition will continue from day to day until completed.
In an effort to expedite the deposition, Plaintiffs counsel requests that the
requested documents responsive to Schedule “A” and “B” be produced at least ten (10)
days before the date of the deposition, to allow the Parties to conduct the depositionquickly and efficiently. This will eliminate the need for Plaintiffs counsel having to review
the documents for the first time at the deposition(s). Plaintiff will reimburse deponent(s)
for all reasonable costs associated with producing the requested documents prior to the
depositions.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on March 5, 2020, the foregoing has been 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 of record as follows: Gregory M.
Shoemaker, Esquire, Wade, Palmer & Shoemaker, 14 North Palafox Street, Pensacola,
Florida 32502 (agshoemaker@wpslawyers.com, ssmith@wpslawyers.com
eschreiner@wpslawyers.com).
Li Davia [, Pettinato-
DAVID J. PETTINATO, ESQUIRE
Florida Bar No. 062324
MERLIN LAW GROUP, P.A.
777 S. Harbour Island Blvd., Suite 950
Tampa, FL 33602
813-229-1000 / 813-229-3692 fax
Attorney for Plaintiff
dpettinato@merliniawgroup.com
smerriett@merlinlawgroup.com
trodriquez@merlinlawgroup.com
cc: HusebySCHEDULE A
All documents you reviewed in preparation for this deposition that you will rely on in
providing your testimony.
All documents you reviewed in refreshing your recollection in preparation for your
deposition testimony.SCHEDULE B
The ORIGINALS of all documentation, of whatever kind or nature, in your
possession, custody or control (excluding privileged or protected documents)
concerning DONNA BODNER’S (hereinafter referred to as “MS. BODNER’),
claim of loss that occurred on or about October 10, 2018, for damages to its insured
property located at 410 E. Beach Street, Panama City, Bay County, Florida,
including but not limited to, certified copies of any insurance policies, recorded
statements, expert files, timesheets, billing statements, invoices, documentation of
the claim such as proofs of loss, reports or memoranda by TOWER HILL
INSURANCE COMPANY OF FLORIDA (“TOWER HILL”) adjuster regarding the
extent of damage and the reasons that payment has been withheld, delayed or
denied.
The ORIGINALS of all documentation, of whatever kind or nature, in your
possession, custody or control concerning any insurance claims MS. BODNER has
filed with TOWER HILL or any other insurance carrier other than the October 10,
2018, insurance claim, including but not limited to, copies of any insurance policies,
photographs, recorded statements, documentation of the claim such as proofs of
loss, reports or memoranda by the insurance adjuster regarding the extent of
damage and the reasons for payment or denial of the claim and copies of any and
all letters to or from the insurance carrier which deny the claim, or propose no
coverage, as well as copies of all correspondence to or from the insured regarding
this claim(s).
The ORIGINALS of all recorded or transcribed statements taken by you, your
representative(s) and/or your attorneys, of any persons having knowledge of any
facts relating to any of the issues in this case (excluding privileged or protected
documents).
The ORIGINALS of all correspondence, notices, reports or other communications
between you and your representatives and MS. BODNER, or its representatives
regarding any insurance claim(s) they may have made with TOWER HILL with
regard to the Hurricane Michael and/or hurricane-force winds, and ensuing
damage claim to the insured property located at 410 E. Beach Street, Panama
City, Bay County, Florida, that occurred on or about October 10, 2018, which is
the subject of MS. BODNER’S cause of action.
The ORIGINALS of all letters from TOWER HILL that deny, delay or withhold
insurance payments of MS. BODNER’S insurance claim with regard the Hurricane
Michael and/or hurricane-force winds, and ensuing damage claim, which is the
subject of MS. BODNER’S breach of contract cause of action, as well as copies of
all correspondence to or from MS. BODNER or any of its representatives regarding
its accidental and/or fortuitous water discharge, and ensuing damage.
The ORIGINAL of all documents in your possession, custody, or control (excluding
privileged or protected documents) relating to MS. BODNER’S insured property
located at 410 E. Beach Street, Panama City, Bay County, Florida, regarding the
Hurricane Michael and/or hurricane-force winds, and ensuing damage claim that
is the subject matter of this litigation including but not limited to: photographs,videotapes, photographic and videotape logs related to such photographs or
videotapes, sketches, drawings, field notes, reports relied upon by you, reports
prepared by you or prepared for you or on behalf of TOWER HILL.
7. The ORIGINALS of any documents, statements, notes, measurements, test
results and related materials relied upon by you or TOWER HILL in reaching your
or TOWER HILL’S conclusion or opinion to deny, refuse to pay at this time, delay,
or withhold insurance monies to MS. BODNER.
8. The ORIGINALS of all Proofs of Loss forms submitted by MS. BODNER to
TOWER HILL with supporting documents for the Hurricane Michael and/or
hurricane-force winds, and ensuing damage claim which is the subject matter of
this litigation.
9. The ORIGINAL of all documents and/or information from whatever source, in
your possession, which proves or tends to prove that MS. BODNER is not
entitled to payment of all the insurance proceeds she claims are due and owing
her.
10. The ORIGINAL of all documents and/or information from whatever source, in
your possession, to evidence that MS. BODNER’S experts’ repair opinions
submitted to TOWER HILL with regard to MS. BODNER’S insured property were
sufficient (or insufficient) to completely and properly repair damages from the
accidental and/or fortuitous water discharge, and ensuing damage claim to the
insured property.
11. A copy of any degrees, certifications, licenses and/or designations, and your
most current resume or Curriculum Vitae.
12. A copy of any documents that shall show proof that you completed the
appropriate Continuing Education (CE) credits to have maintained your license
from 2016 to the present.
13. A copy of a current privilege log listing all documents TOWER HILL asserts are
privileged or protected, including an adequate identification of each document,
sender, recipient(s), title or type, date and subject matter, reason for objection.
See, Bankers Security Insurance Company v. Symons, 889 So.2d 93, 96 (Fla. 5"
DCA 2004).
NOTE: IF UPON A GOOD FAITH REASON ORIGINALS ARE UNAVAILABLE,
COPIES SHALL BE ACCEPTABLE. ADDITIONALLY, ALL OF THE ABOVE
REQUESTS IN SCHEDULE “A” AND “B” EXCLUDE ATTORNEY-CLIENT
PRIVILEGED AND/OR WORK PRODUCT PROTECTED INFORMATION AND/OR
DOCUMENTATION.
Preview
Filing # 104427009 E-Filed 03/05/2020 04:20:34 PM 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 NOTICE OF TAKING DEPOSITION DUCES TECUM (Via Video Conference) PLEASE TAKE NOTICE that the pursuant to Florida Rules of Civil Procedure, Plaintiff, DONNA BODNER, by and through the undersigned counsel, will take the deposition duces tecum, via video conference of the following person as indicated below, before an associate or deputy court reporter of Huesby Global Litigation, at the offices as indicated before its designated representative, who is not of counsel to the parties or interested in the events of the cause. NAME DATE LOCATION Jessica Sickler Thursday Courtyard by Marriott Gulf Shores Craft June 25, 2020 Farms 9:00 a.m. CT 3750 Gulf Shores Parkway (10:00 a.m. ET) Gulf Shores, Alabama 36542 Phone: 251-968-1113 The deponent is directed to produce for inspection or copying at or before the time of the deposition the documents called for in the attached Schedule “A” & “B.” You are invited to attend. This deposition is being taken for the purpose of discovery for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure for Case No. 19-004473-CA. The deposition will continue from day to day until completed. In an effort to expedite the deposition, Plaintiffs counsel requests that the requested documents responsive to Schedule “A” and “B” be produced at least ten (10) days before the date of the deposition, to allow the Parties to conduct the depositionquickly and efficiently. This will eliminate the need for Plaintiffs counsel having to review the documents for the first time at the deposition(s). Plaintiff will reimburse deponent(s) for all reasonable costs associated with producing the requested documents prior to the depositions. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on March 5, 2020, the foregoing has been 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 of record as follows: Gregory M. Shoemaker, Esquire, Wade, Palmer & Shoemaker, 14 North Palafox Street, Pensacola, Florida 32502 (agshoemaker@wpslawyers.com, ssmith@wpslawyers.com eschreiner@wpslawyers.com). Li Davia [, Pettinato- DAVID J. PETTINATO, ESQUIRE Florida Bar No. 062324 MERLIN LAW GROUP, P.A. 777 S. Harbour Island Blvd., Suite 950 Tampa, FL 33602 813-229-1000 / 813-229-3692 fax Attorney for Plaintiff dpettinato@merliniawgroup.com smerriett@merlinlawgroup.com trodriquez@merlinlawgroup.com cc: HusebySCHEDULE A All documents you reviewed in preparation for this deposition that you will rely on in providing your testimony. All documents you reviewed in refreshing your recollection in preparation for your deposition testimony.SCHEDULE B The ORIGINALS of all documentation, of whatever kind or nature, in your possession, custody or control (excluding privileged or protected documents) concerning DONNA BODNER’S (hereinafter referred to as “MS. BODNER’), claim of loss that occurred on or about October 10, 2018, for damages to its insured property located at 410 E. Beach Street, Panama City, Bay County, Florida, including but not limited to, certified copies of any insurance policies, recorded statements, expert files, timesheets, billing statements, invoices, documentation of the claim such as proofs of loss, reports or memoranda by TOWER HILL INSURANCE COMPANY OF FLORIDA (“TOWER HILL”) adjuster regarding the extent of damage and the reasons that payment has been withheld, delayed or denied. The ORIGINALS of all documentation, of whatever kind or nature, in your possession, custody or control concerning any insurance claims MS. BODNER has filed with TOWER HILL or any other insurance carrier other than the October 10, 2018, insurance claim, including but not limited to, copies of any insurance policies, photographs, recorded statements, documentation of the claim such as proofs of loss, reports or memoranda by the insurance adjuster regarding the extent of damage and the reasons for payment or denial of the claim and copies of any and all letters to or from the insurance carrier which deny the claim, or propose no coverage, as well as copies of all correspondence to or from the insured regarding this claim(s). The ORIGINALS of all recorded or transcribed statements taken by you, your representative(s) and/or your attorneys, of any persons having knowledge of any facts relating to any of the issues in this case (excluding privileged or protected documents). The ORIGINALS of all correspondence, notices, reports or other communications between you and your representatives and MS. BODNER, or its representatives regarding any insurance claim(s) they may have made with TOWER HILL with regard to the Hurricane Michael and/or hurricane-force winds, and ensuing damage claim to the insured property located at 410 E. Beach Street, Panama City, Bay County, Florida, that occurred on or about October 10, 2018, which is the subject of MS. BODNER’S cause of action. The ORIGINALS of all letters from TOWER HILL that deny, delay or withhold insurance payments of MS. BODNER’S insurance claim with regard the Hurricane Michael and/or hurricane-force winds, and ensuing damage claim, which is the subject of MS. BODNER’S breach of contract cause of action, as well as copies of all correspondence to or from MS. BODNER or any of its representatives regarding its accidental and/or fortuitous water discharge, and ensuing damage. The ORIGINAL of all documents in your possession, custody, or control (excluding privileged or protected documents) relating to MS. BODNER’S insured property located at 410 E. Beach Street, Panama City, Bay County, Florida, regarding the Hurricane Michael and/or hurricane-force winds, and ensuing damage claim that is the subject matter of this litigation including but not limited to: photographs,videotapes, photographic and videotape logs related to such photographs or videotapes, sketches, drawings, field notes, reports relied upon by you, reports prepared by you or prepared for you or on behalf of TOWER HILL. 7. The ORIGINALS of any documents, statements, notes, measurements, test results and related materials relied upon by you or TOWER HILL in reaching your or TOWER HILL’S conclusion or opinion to deny, refuse to pay at this time, delay, or withhold insurance monies to MS. BODNER. 8. The ORIGINALS of all Proofs of Loss forms submitted by MS. BODNER to TOWER HILL with supporting documents for the Hurricane Michael and/or hurricane-force winds, and ensuing damage claim which is the subject matter of this litigation. 9. The ORIGINAL of all documents and/or information from whatever source, in your possession, which proves or tends to prove that MS. BODNER is not entitled to payment of all the insurance proceeds she claims are due and owing her. 10. The ORIGINAL of all documents and/or information from whatever source, in your possession, to evidence that MS. BODNER’S experts’ repair opinions submitted to TOWER HILL with regard to MS. BODNER’S insured property were sufficient (or insufficient) to completely and properly repair damages from the accidental and/or fortuitous water discharge, and ensuing damage claim to the insured property. 11. A copy of any degrees, certifications, licenses and/or designations, and your most current resume or Curriculum Vitae. 12. A copy of any documents that shall show proof that you completed the appropriate Continuing Education (CE) credits to have maintained your license from 2016 to the present. 13. A copy of a current privilege log listing all documents TOWER HILL asserts are privileged or protected, including an adequate identification of each document, sender, recipient(s), title or type, date and subject matter, reason for objection. See, Bankers Security Insurance Company v. Symons, 889 So.2d 93, 96 (Fla. 5" DCA 2004). NOTE: IF UPON A GOOD FAITH REASON ORIGINALS ARE UNAVAILABLE, COPIES SHALL BE ACCEPTABLE. ADDITIONALLY, ALL OF THE ABOVE REQUESTS IN SCHEDULE “A” AND “B” EXCLUDE ATTORNEY-CLIENT PRIVILEGED AND/OR WORK PRODUCT PROTECTED INFORMATION AND/OR DOCUMENTATION.