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Filing # 100347288 E-Filed 12/16/2019 11:01:03 AM
IN THE CIRCUIT COURT OF THE 14TH
JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA
CASE NO.: 19004524CA
UNION RESTORATION, INC.,
a/a/o Raquel Estrada,
Plaintiff,
vs.
EDISON INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S REQUEST TO PRODUCE
COMES NOW the Plaintiff, UNION RESTORATION, INC., a/a/o Raquel Estrada,
hereinafter referred to as "Plaintiff," by and through its undersigned attorney, and pursuant to Fla.
R. C. Pro. 1.350, requests production of the following documents from the Defendant, EDISON
INSURANCE COMPANY, hereinafter referred to as "Defendant", within forty-five (45) days
from the date of service hereof. Plaintiff requests that Defendant produce the copies of the
documents c/o Plaintiffs attorney by e-mail to Larry Moskowitz, Esq.,
pleadings@werepresentyou.com, 12 S.E. 7th Street, Suite 606, Fort Lauderdale, FL33301.
Plaintiff certifies that he will pay the reasonable costs of the reproduction and delivery.
INSTRUCTIONS:
The following apply to this Discovery Request:
a. In producing documents and other materials, you are requested to furnish all
documents or things in your possession, custody, or control, regardless of whether such
documents or materials are possessed directly by you or your agents, employees,
representatives, affiliates, investigators by any corporation, person or entity affiliated with,
related to, or owned or controlled in whole or in part by you, or by your attorneys or their agents,
employees, representatives, affiliates, investigators by any corporation, person or entity
affiliated with, related to, or owned or controlled in whole or in part by you, or by your attorneysor their agents, employees, representatives or investigators.
b. If any requested document or thing cannot be produced in full, produce to the
extent possible, indicating what document or portion of that document is being withheld and the
reason that document is being withheld.
c. In producing documents, you are requested to produce the original of each
document requested together with all non-identical copies and drafts of that document. If the
original of any document cannot be located, a copy shall be produced in lieu thereof, and shall
be legible and bound or stapled in the same manner as the original.
d. All documents shall be produced in the file, folder, envelope or other container
in which the documents are kept or maintained. If, for any reason, the container cannot be
produced, please produce copies of all labels or other identifying markings.
e A request for each document "mentioning, discussing, relating or referring to" a
subject matter extend to each document that constitutes, contains, supports, modifies,
contradicts, criticizes, concerns, describes, records, reports, reflects, relates to, was prepared in
connection with, arises from, or is or has been collected, recorded, by a present or former agent,
representative, officer, employee, attorney, board, committee or subcommittee, or any other
person acting or purporting to act on your behalf in relation to the subject matter specified.
f. Documents not otherwise responsive to this Discovery Request shall be produced
if such documents mention, discuss or refer to, or explain the documents which are called for by
this Discovery Request or if such documents are attached to documents called for by this
Discovery Request and constitute deposit slips, transmittal memoranda, letters, comments,
evaluation, or similar materials.
g. If a document once existed and has subsequently been lost, destroyed, or is
otherwise missing, please provide sufficient information to identify the documents and state the
details concerning its loss.
h. If you claim the attorney-client privilege or any other privilege or work product
protection for any document, with respect to that document:
qd) state the date of the document;
(2) identify each and every author of the document;
(3) identify each and every other person who prepared or participated in the
preparation of the document;
(4) identify each and every person who received the document;
(5) identify each and every person from whom the document was received;(6) __ state the present location of the document and all copies thereof;
(7) identify each and every person having custody or control of the
document and all copies thereof; and
(8) provide sufficient further information concerning the document and the
circumstances and general content thereof to explain the claim of
privilege or protection and to permit the adjudication of the propriety of
the claim.
i. In producing the documents and other materials responsive to these requests,
identify by paragraph and subparagraph the request to which each produced
document is responsive. If a document is responsive to more than one request,
each request to which it is responsive should be identified.
je Any requests for a document "written by" a person, or correspondence "between"
certain persons shall include, without limitation, all correspondence or other documents written
by, addressed to, received by, copied to, or signed by such person in and capacity, whether as an
agent, employee, employer, director, officer, shareholder, attorney, accountant, or representative
of any person.
DEFINITIONS
"Document" is used herein in its customary legal broad sense, and includes without
limitation, any kind of written or graphic matter, however produced or reproduced, of any
kind or description, whether sent or received or neither, including originals, copies and
drafts and both sides thereof, and including but not limited to: papers, books, letters.
photographs, objects, tangible things, correspondence, telegrams, cables, telex messages,
computer discs memoranda, notes, notations, work papers, transcript, minutes, reports,
drawings, blueprints, and tape recording of any size, and recordings of telephone or other
conversations, or of interviews, conferences, or other meeting, statements, summaries,
opinions, reports, studies, analyses, evaluations, contracts, agreements, journal, statistical
reports, desk calendars, appointment books, diaries, lists, tabulations, summaries, sound
recordings, computer printouts, data processing, input and output, microfilms, and all other
records kept by electronic, photographic or mechanical means, and things similar to any of
the foregoing, however denominated.
DOCUMENTS TO BE PRODUCED
1. A true and correct certified copy of the insurance policy described in the
petition, including all declaration sheet(s) addendums and attachments.
2. Any and all correspondence or written communication from Defendant, or
Defendant's agents to Plaintiff, or Plaintiff's agents, which in any manner pertain to Plaintiff's
alleged loss as described in the petition.3. Any and all correspondence or written communications from Plaintiff, or
Plaintiff's agents to Defendant, or Defendant's agents, which in any manner pertain to Plaintiff's
alleged loss as described in the petition.
4. Any and all photographs taken by the Defendant or Defendant's agents showing
the extent of damage to the insured premises involved herein as were taken prior to the filing of
this lawsuit.
5. Any and all tape recordings of any statements made by Plaintiff or Plaintiff's
agents or employees.
6. Any and all transcripts or written statements from the Plaintiff(s) including,
without limitation, transcripts of examinations under oath.
7. Copies of each and every bill or estimate for repair to the subject property
submitted to Defendant by Plaintiff or Plaintiff's agents or employees.
8. Any and all written estimates or reports reflecting examination or inspection by
Defendant or Defendant's agents of any of the alleged damage to the insured premises.
9. Any and all brochures, summary statements, pamphlets and advertising materials
prepared by or on behalf of Defendant and disseminated to insurance agencies or policyholders
which in any manner describe the coverages and/or exclusions under the same type of policy
involved in this action.
10. Defendant's entire claim file up from the date of the initial notice of the loss until
the day before Defendant knew that Defendant was going to deny or litigate the claim.
ll. Defendant's entire claim file for the entire time that the claim was being handled
by Defendant not in anticipation of litigation of the claim.
12. All documents relating to or supporting Defendant's denial of any allegation of
Plaintiff's petition, and relating to or supporting each affirmative or general defense asserted by
Defendant.
13. All underwriting files pertaining to the policy of insurance described in the
petition.
14. All delivery receipts, written proof of mailing, and all other records evidencing
in and manner the date and/or dates that the entire policy of insurance described in the petition
was mailed or delivered to Plaintiff(s).
15. Any and all documents related to any and all other insurance claims made by
Plaintiff(s) which are not the subject of this action, including estimates, reports, pictures,
cancelled checks, releases, proofs of loss, recorded statements, transcripts of examinations under
oath, and correspondence by and between the parties related to any and all said other claims.CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the
Florida Court e-Filing Portal, which will send automatic e-mail message to the parties registered
with the e-Filing Portal system.
LARRY MOSKOWITZ, P.A.
Attorney for Plaintiff
400 SE 9" Street
Fort Lauderdale, FL 33316
(954) 797-7990
(954) 333-6254(Fax)
BY: /s\ Lacey Mloshowt tz
LARRY MOSKOWITZ
Florida Bar No: 829587
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Filing # 100347288 E-Filed 12/16/2019 11:01:03 AM IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA CASE NO.: 19004524CA UNION RESTORATION, INC., a/a/o Raquel Estrada, Plaintiff, vs. EDISON INSURANCE COMPANY, Defendant. / PLAINTIFF’S REQUEST TO PRODUCE COMES NOW the Plaintiff, UNION RESTORATION, INC., a/a/o Raquel Estrada, hereinafter referred to as "Plaintiff," by and through its undersigned attorney, and pursuant to Fla. R. C. Pro. 1.350, requests production of the following documents from the Defendant, EDISON INSURANCE COMPANY, hereinafter referred to as "Defendant", within forty-five (45) days from the date of service hereof. Plaintiff requests that Defendant produce the copies of the documents c/o Plaintiffs attorney by e-mail to Larry Moskowitz, Esq., pleadings@werepresentyou.com, 12 S.E. 7th Street, Suite 606, Fort Lauderdale, FL33301. Plaintiff certifies that he will pay the reasonable costs of the reproduction and delivery. INSTRUCTIONS: The following apply to this Discovery Request: a. In producing documents and other materials, you are requested to furnish all documents or things in your possession, custody, or control, regardless of whether such documents or materials are possessed directly by you or your agents, employees, representatives, affiliates, investigators by any corporation, person or entity affiliated with, related to, or owned or controlled in whole or in part by you, or by your attorneys or their agents, employees, representatives, affiliates, investigators by any corporation, person or entity affiliated with, related to, or owned or controlled in whole or in part by you, or by your attorneysor their agents, employees, representatives or investigators. b. If any requested document or thing cannot be produced in full, produce to the extent possible, indicating what document or portion of that document is being withheld and the reason that document is being withheld. c. In producing documents, you are requested to produce the original of each document requested together with all non-identical copies and drafts of that document. If the original of any document cannot be located, a copy shall be produced in lieu thereof, and shall be legible and bound or stapled in the same manner as the original. d. All documents shall be produced in the file, folder, envelope or other container in which the documents are kept or maintained. If, for any reason, the container cannot be produced, please produce copies of all labels or other identifying markings. e A request for each document "mentioning, discussing, relating or referring to" a subject matter extend to each document that constitutes, contains, supports, modifies, contradicts, criticizes, concerns, describes, records, reports, reflects, relates to, was prepared in connection with, arises from, or is or has been collected, recorded, by a present or former agent, representative, officer, employee, attorney, board, committee or subcommittee, or any other person acting or purporting to act on your behalf in relation to the subject matter specified. f. Documents not otherwise responsive to this Discovery Request shall be produced if such documents mention, discuss or refer to, or explain the documents which are called for by this Discovery Request or if such documents are attached to documents called for by this Discovery Request and constitute deposit slips, transmittal memoranda, letters, comments, evaluation, or similar materials. g. If a document once existed and has subsequently been lost, destroyed, or is otherwise missing, please provide sufficient information to identify the documents and state the details concerning its loss. h. If you claim the attorney-client privilege or any other privilege or work product protection for any document, with respect to that document: qd) state the date of the document; (2) identify each and every author of the document; (3) identify each and every other person who prepared or participated in the preparation of the document; (4) identify each and every person who received the document; (5) identify each and every person from whom the document was received;(6) __ state the present location of the document and all copies thereof; (7) identify each and every person having custody or control of the document and all copies thereof; and (8) provide sufficient further information concerning the document and the circumstances and general content thereof to explain the claim of privilege or protection and to permit the adjudication of the propriety of the claim. i. In producing the documents and other materials responsive to these requests, identify by paragraph and subparagraph the request to which each produced document is responsive. If a document is responsive to more than one request, each request to which it is responsive should be identified. je Any requests for a document "written by" a person, or correspondence "between" certain persons shall include, without limitation, all correspondence or other documents written by, addressed to, received by, copied to, or signed by such person in and capacity, whether as an agent, employee, employer, director, officer, shareholder, attorney, accountant, or representative of any person. DEFINITIONS "Document" is used herein in its customary legal broad sense, and includes without limitation, any kind of written or graphic matter, however produced or reproduced, of any kind or description, whether sent or received or neither, including originals, copies and drafts and both sides thereof, and including but not limited to: papers, books, letters. photographs, objects, tangible things, correspondence, telegrams, cables, telex messages, computer discs memoranda, notes, notations, work papers, transcript, minutes, reports, drawings, blueprints, and tape recording of any size, and recordings of telephone or other conversations, or of interviews, conferences, or other meeting, statements, summaries, opinions, reports, studies, analyses, evaluations, contracts, agreements, journal, statistical reports, desk calendars, appointment books, diaries, lists, tabulations, summaries, sound recordings, computer printouts, data processing, input and output, microfilms, and all other records kept by electronic, photographic or mechanical means, and things similar to any of the foregoing, however denominated. DOCUMENTS TO BE PRODUCED 1. A true and correct certified copy of the insurance policy described in the petition, including all declaration sheet(s) addendums and attachments. 2. Any and all correspondence or written communication from Defendant, or Defendant's agents to Plaintiff, or Plaintiff's agents, which in any manner pertain to Plaintiff's alleged loss as described in the petition.3. Any and all correspondence or written communications from Plaintiff, or Plaintiff's agents to Defendant, or Defendant's agents, which in any manner pertain to Plaintiff's alleged loss as described in the petition. 4. Any and all photographs taken by the Defendant or Defendant's agents showing the extent of damage to the insured premises involved herein as were taken prior to the filing of this lawsuit. 5. Any and all tape recordings of any statements made by Plaintiff or Plaintiff's agents or employees. 6. Any and all transcripts or written statements from the Plaintiff(s) including, without limitation, transcripts of examinations under oath. 7. Copies of each and every bill or estimate for repair to the subject property submitted to Defendant by Plaintiff or Plaintiff's agents or employees. 8. Any and all written estimates or reports reflecting examination or inspection by Defendant or Defendant's agents of any of the alleged damage to the insured premises. 9. Any and all brochures, summary statements, pamphlets and advertising materials prepared by or on behalf of Defendant and disseminated to insurance agencies or policyholders which in any manner describe the coverages and/or exclusions under the same type of policy involved in this action. 10. Defendant's entire claim file up from the date of the initial notice of the loss until the day before Defendant knew that Defendant was going to deny or litigate the claim. ll. Defendant's entire claim file for the entire time that the claim was being handled by Defendant not in anticipation of litigation of the claim. 12. All documents relating to or supporting Defendant's denial of any allegation of Plaintiff's petition, and relating to or supporting each affirmative or general defense asserted by Defendant. 13. All underwriting files pertaining to the policy of insurance described in the petition. 14. All delivery receipts, written proof of mailing, and all other records evidencing in and manner the date and/or dates that the entire policy of insurance described in the petition was mailed or delivered to Plaintiff(s). 15. Any and all documents related to any and all other insurance claims made by Plaintiff(s) which are not the subject of this action, including estimates, reports, pictures, cancelled checks, releases, proofs of loss, recorded statements, transcripts of examinations under oath, and correspondence by and between the parties related to any and all said other claims.CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Florida Court e-Filing Portal, which will send automatic e-mail message to the parties registered with the e-Filing Portal system. LARRY MOSKOWITZ, P.A. Attorney for Plaintiff 400 SE 9" Street Fort Lauderdale, FL 33316 (954) 797-7990 (954) 333-6254(Fax) BY: /s\ Lacey Mloshowt tz LARRY MOSKOWITZ Florida Bar No: 829587