Preview
Filing # 122891312 E-Filed 03/11/2021 07:54:15 AM
IN THE CIRCUIT COURT OF THE
20' JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA
CASE NUMBER: 21-CA-383
RIC NALYD AND CINDY NALYD,
Plaintiffs,
vs.
ASI PREFERRED INSURANCE CORP.,
Defendant.
/
REQUEST FOR PRODUCTION
Defendant, ASI PREFERRED INSURANCE CORPORATION, (“ASI’) by and
through its undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of
Civil Procedure, hereby files its notice of serving its Initial Requests For Production to
Plaintiffs, RIC NALYD AND CINDY NALYD, which are to be responded to by Plaintiffs,
under oath, within thirty (30) days.
BUTLER WEIHMULLER KATZ CRAIG LLP
daar Jur
TRACY A. JURGUS, ESQ.
Florida Bar No.: 483737
tjurgus@butler legal
KAITLYN M. DUGAS, ESQ.
Florida Bar No.: 1004136
kdugas@butler.legal
Secondary: drobinson@butler.legal
Mail Center: 400 N. Ashley Drive, Suite 2300
Tampa, Florida 33602
Telephone: (305) 416-9998
Facsimile: (305) 416-6848
Attorneys for Defendant, ASI Preferred Insurance
Corp.
eFiled Lee County Clerk of Courts Page 1CERTIFICATE OF SERVICE
| certify that a copy hereof has been furnished to:
Margaret E. Garner, Esq.
Katranis, Wald & Garner, PLLC
501 East Las Olas Boulevard, Suite 200/300
Fort Lauderdale, FL 33301
service@kwglegal.com
Attorneys For Plaintiffs
Jackson De Souza, Esq.
Katranis, Wald & Garner, PLLC
501 East Las Olas Boulevard, Suite 200/300
Fort Lauderdale, FL 33301
service@kwglegal.com
Attorneys For Plaintiffs
by e-Portal on March 11, 2021.
daar fur
TRACY A. JURGUS, ESQ.
2
eFiled Lee County Clerk of Courts Page 2DEFINITION OF TERMS
1.
You and Yours - refers to Plaintiffs, RIC NALYD AND CINDY NALYD, and all of their
independent, agents, attorneys and other representatives.
2.
Person - refers to any corporation, individual, joint venture, partnership, group,
association, government agency or any other identifiable entity.
3.
Communication - refers to the transmission, transfer or receipt of information in any
form, by any means, in any manner at any time or place, under any circumstances
whatsoever.
4.
Document(s) refers to writings, letters, telegrams, memoranda, recorded recollections of
conferences or telephone conversations, reports, studies, lists, any written compilation
of data, papers, books, records, contracts, drawings, photographs, mechanical or
electronic recordings in any form and all other identifiable objects upon which any
inscription, handwriting, typing, printing, drawing, representation by any means, whether
magnetic, electrical, photostatic or any other form of communication is recorded,
reproduced, perpetuated, maintained or preserved. These terms similarly embrace the
reproduction or copies of the foregoing.
5.
Identify a Document - refers to the requirement that the identity of the person preparing
the document be disclosed; the identity of all persons signing, issuing and/or attesting to
such document be disclosed; the identity of addressees or distributees be disclosed; the
nature, contents and/or substance of the document be disclosed with sufficient
particularity so as to enable identification; the date which the documents bear must be
disclosed; and in the event the document bears no date, a disclosure of that fact
together with the date upon which such document was prepared, a disclosure of the
physical location of the document together with the names and addresses of the
custodian or custodians of the document.
eFiled Lee County Clerk of Courts Page 36.
Identify a person - when employed with regard to a natural person refers to the name of
such person, the present or last known address of such person, the name and address
of such person's employer and the position of employment held by such person. When
the clause "identify person" is employed with reference to a person not an individual,
such term shall require the name and principal office of such person; the date and place
of incorporation, if applicable; and such other information as necessary to identify,
locate and/or communicate with such person.
7.
Subject Property - refers to the property located at 5425 Whispering Willow Way, Fort
Myers, FL 33908.
8.
Date of Loss - the claimed hurricane loss at the Subject Property identified in the
Complaint that reportedly occurred on September 10, 2017.
Instructions
1. You are instructed either to produce all paper and electronic records as they are
kept in the usual course of business or to produce all paper and electronic
records organized and labeled to correspond with the categories in this Request.
All paper and electronic records are to be produced in full and unexpurgated
form.
2. This Request shall be deemed continuing so as to require further and
supplemental production in the event that the party requested to produce, or any
of its attorneys, agents or representatives, obtains or discovers additional
information or documents between the time of the initial production and the time
of hearing or trial.
3. If any all paper and electronic records covered by this Request are withheld by
reason of a claim of privilege, work product immunity or other ground of non-
production, a list is to be furnished at the time that the paper and electronic
records are produced identifying each such document for which the privilege is
claimed specifically by its nature (e.g., letter. memorandum, etc.) together with
the following information with respect to any such document withheld: author;
recipient; sender; indicated or blind copies; date; subject matter; basis on which
the privilege is claimed; number of pages; and the paragraph of this Request to
which such document relates.
4. If a portion of an otherwise responsive document contains information that is
subject to a claim of privilege, only those portions of the document subject to the
eFiled Lee County Clerk of Courts Page 4claim of privilege shall be deleted or redacted from the document and the rest of
the document shall be produced.
In the event that any document called for by this Request has been destroyed,
lost, discarded or otherwise disposed of, each such document is to be identified
as completely as possible, including, without limitation, the following information:
author; recipient; sender; subject matter; date prepared or received; date of
disposal; person currently in possession of the document; and the person
disposing of the document.
eFiled Lee County Clerk of Courts Page 510.
11.
REQUESTS FOR PRODUCTION OF DOCUMENTS
The signed of insurance for coverage to the Subject Property submitted to Defendant.
All estimates, invoices, checks, cancelled checks, bills and/or other documents
evidencing costs you incurred for repairs to the Subject Property in connection with the
claimed Date of Loss.
All documents you submitted to Defendant prior to the filing of the instant action in
support of the claimed damage allegedly arising from the Date of Loss.
All paper and electronic records, receipts and invoices for all repairs to the Subject
Property performed after the alleged Date of Loss, and that pertain to damage you
allege are caused by the Hurricane Irma.
All photographs and/or video depicting the Subject Property from the alleged Date of
Loss to the present.
All photographs and/or video depicting the Subject Property in the three-year period
prior to the alleged Date of Loss.
All correspondence by and between the Defendant, or Defendant's agents or
representatives, and the Plaintiffs, or Plaintiffs’ representatives or agents, regarding the
claimed Date of Loss identified in the Complaint.
All paper and electronic correspondence between you, your representatives, or your
agents and any third-party, other than your attomey, relating to the claimed damage to
the Subject Property allegedly resulting from the Date of Loss.
All documents, including but not limited to bills, invoices, receipts, proposals, estimates,
and bids showing the cost of repairs that have not yet been made at the Subject
Property related to the Date of Loss.
All documents that reference, reflect, or pertain to any repairs or maintenance
performed to the roof of the Subject Property from January 1, 2013 to the present.
Copies all public adjusting contracts you entered into in connection with the Date of
Loss identified in the Complaint. This request also includes any modifications,
revocations or changes to any public adjusting agreements.
eFiled Lee County Clerk of Courts Page 612.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
All Assignments of Benefits you entered into in connection with the alleged Date of
Loss. This request also includes any modifications, revocations or changes to any
Assignment of Benefits.
Copies of receipts, invoices, bills, credit card charges, and other related documents
evidencing any expenses incurred as a result of the claimed Date of Loss, including but
not limited to out-of-pocket expenses.
Copies of any other insurance policies in effect on the claimed Date of Loss for the
Subject Property that may provide coverage for the type of loss alleged in the
Complaint.
All documents supporting the amount(s) claimed by you for damages arising in
connection with the claimed Date of Loss, including invoices, bills, proposals, dry logs,
reports and receipts.
All documents showing all encumbrances and/or liens on the Subject Property from
January 1, 2017 to the present.
Copies of all documents either received from, or sent to, your insurer(s) as part of any
other property damage claims regarding the Subject Property from January 1, 2013 to
the alleged Date of Loss identified in the Complaint.
Any estimates, ESX files, contracts, proposals, invoices or quotes prepared for or on
behalf of the Plaintiffs or the Plaintiffs’ agents or representatives, concerning damage to
the Subject Property that you claim resulted from the Date of Loss.
Copies of all receipts, credit card statements, bank statements, cancelled checks or
other documents evidencing the purchase, value and/or installation of the roof located
at the Subject Property on the Date of Loss described in the Complaint.
Copies of all receipts, credit card statements, bank statements, cancelled checks or
other documents evidencing the maintenance or repairs to roof at the Subject Property
from January 1, 2012 to the present, including but not limited to the cost of routine
inspections, power washing, debris removal.
All permits applications, and documents submitted in support of same, documenting any
repairs to the Subject Property for any reason from January 1, 2012 to the present.
All documents identifying the type of roof tile in place at the Subject Property on the
Date of Loss.
eFiled Lee County Clerk of Courts Page 723.
24.
All documents in your possession relating to any efforts to locate or purchase any roof
tiles from the Date of Loss to the present.
All documents identified, referenced or relied upon by Plaintiff in response to
Defendant's Interrogatories.
eFiled Lee County Clerk of Courts Page 8
Preview
Filing # 122891312 E-Filed 03/11/2021 07:54:15 AM IN THE CIRCUIT COURT OF THE 20' JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CASE NUMBER: 21-CA-383 RIC NALYD AND CINDY NALYD, Plaintiffs, vs. ASI PREFERRED INSURANCE CORP., Defendant. / REQUEST FOR PRODUCTION Defendant, ASI PREFERRED INSURANCE CORPORATION, (“ASI’) by and through its undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby files its notice of serving its Initial Requests For Production to Plaintiffs, RIC NALYD AND CINDY NALYD, which are to be responded to by Plaintiffs, under oath, within thirty (30) days. BUTLER WEIHMULLER KATZ CRAIG LLP daar Jur TRACY A. JURGUS, ESQ. Florida Bar No.: 483737 tjurgus@butler legal KAITLYN M. DUGAS, ESQ. Florida Bar No.: 1004136 kdugas@butler.legal Secondary: drobinson@butler.legal Mail Center: 400 N. Ashley Drive, Suite 2300 Tampa, Florida 33602 Telephone: (305) 416-9998 Facsimile: (305) 416-6848 Attorneys for Defendant, ASI Preferred Insurance Corp. eFiled Lee County Clerk of Courts Page 1CERTIFICATE OF SERVICE | certify that a copy hereof has been furnished to: Margaret E. Garner, Esq. Katranis, Wald & Garner, PLLC 501 East Las Olas Boulevard, Suite 200/300 Fort Lauderdale, FL 33301 service@kwglegal.com Attorneys For Plaintiffs Jackson De Souza, Esq. Katranis, Wald & Garner, PLLC 501 East Las Olas Boulevard, Suite 200/300 Fort Lauderdale, FL 33301 service@kwglegal.com Attorneys For Plaintiffs by e-Portal on March 11, 2021. daar fur TRACY A. JURGUS, ESQ. 2 eFiled Lee County Clerk of Courts Page 2DEFINITION OF TERMS 1. You and Yours - refers to Plaintiffs, RIC NALYD AND CINDY NALYD, and all of their independent, agents, attorneys and other representatives. 2. Person - refers to any corporation, individual, joint venture, partnership, group, association, government agency or any other identifiable entity. 3. Communication - refers to the transmission, transfer or receipt of information in any form, by any means, in any manner at any time or place, under any circumstances whatsoever. 4. Document(s) refers to writings, letters, telegrams, memoranda, recorded recollections of conferences or telephone conversations, reports, studies, lists, any written compilation of data, papers, books, records, contracts, drawings, photographs, mechanical or electronic recordings in any form and all other identifiable objects upon which any inscription, handwriting, typing, printing, drawing, representation by any means, whether magnetic, electrical, photostatic or any other form of communication is recorded, reproduced, perpetuated, maintained or preserved. These terms similarly embrace the reproduction or copies of the foregoing. 5. Identify a Document - refers to the requirement that the identity of the person preparing the document be disclosed; the identity of all persons signing, issuing and/or attesting to such document be disclosed; the identity of addressees or distributees be disclosed; the nature, contents and/or substance of the document be disclosed with sufficient particularity so as to enable identification; the date which the documents bear must be disclosed; and in the event the document bears no date, a disclosure of that fact together with the date upon which such document was prepared, a disclosure of the physical location of the document together with the names and addresses of the custodian or custodians of the document. eFiled Lee County Clerk of Courts Page 36. Identify a person - when employed with regard to a natural person refers to the name of such person, the present or last known address of such person, the name and address of such person's employer and the position of employment held by such person. When the clause "identify person" is employed with reference to a person not an individual, such term shall require the name and principal office of such person; the date and place of incorporation, if applicable; and such other information as necessary to identify, locate and/or communicate with such person. 7. Subject Property - refers to the property located at 5425 Whispering Willow Way, Fort Myers, FL 33908. 8. Date of Loss - the claimed hurricane loss at the Subject Property identified in the Complaint that reportedly occurred on September 10, 2017. Instructions 1. You are instructed either to produce all paper and electronic records as they are kept in the usual course of business or to produce all paper and electronic records organized and labeled to correspond with the categories in this Request. All paper and electronic records are to be produced in full and unexpurgated form. 2. This Request shall be deemed continuing so as to require further and supplemental production in the event that the party requested to produce, or any of its attorneys, agents or representatives, obtains or discovers additional information or documents between the time of the initial production and the time of hearing or trial. 3. If any all paper and electronic records covered by this Request are withheld by reason of a claim of privilege, work product immunity or other ground of non- production, a list is to be furnished at the time that the paper and electronic records are produced identifying each such document for which the privilege is claimed specifically by its nature (e.g., letter. memorandum, etc.) together with the following information with respect to any such document withheld: author; recipient; sender; indicated or blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and the paragraph of this Request to which such document relates. 4. If a portion of an otherwise responsive document contains information that is subject to a claim of privilege, only those portions of the document subject to the eFiled Lee County Clerk of Courts Page 4claim of privilege shall be deleted or redacted from the document and the rest of the document shall be produced. In the event that any document called for by this Request has been destroyed, lost, discarded or otherwise disposed of, each such document is to be identified as completely as possible, including, without limitation, the following information: author; recipient; sender; subject matter; date prepared or received; date of disposal; person currently in possession of the document; and the person disposing of the document. eFiled Lee County Clerk of Courts Page 510. 11. REQUESTS FOR PRODUCTION OF DOCUMENTS The signed of insurance for coverage to the Subject Property submitted to Defendant. All estimates, invoices, checks, cancelled checks, bills and/or other documents evidencing costs you incurred for repairs to the Subject Property in connection with the claimed Date of Loss. All documents you submitted to Defendant prior to the filing of the instant action in support of the claimed damage allegedly arising from the Date of Loss. All paper and electronic records, receipts and invoices for all repairs to the Subject Property performed after the alleged Date of Loss, and that pertain to damage you allege are caused by the Hurricane Irma. All photographs and/or video depicting the Subject Property from the alleged Date of Loss to the present. All photographs and/or video depicting the Subject Property in the three-year period prior to the alleged Date of Loss. All correspondence by and between the Defendant, or Defendant's agents or representatives, and the Plaintiffs, or Plaintiffs’ representatives or agents, regarding the claimed Date of Loss identified in the Complaint. All paper and electronic correspondence between you, your representatives, or your agents and any third-party, other than your attomey, relating to the claimed damage to the Subject Property allegedly resulting from the Date of Loss. All documents, including but not limited to bills, invoices, receipts, proposals, estimates, and bids showing the cost of repairs that have not yet been made at the Subject Property related to the Date of Loss. All documents that reference, reflect, or pertain to any repairs or maintenance performed to the roof of the Subject Property from January 1, 2013 to the present. Copies all public adjusting contracts you entered into in connection with the Date of Loss identified in the Complaint. This request also includes any modifications, revocations or changes to any public adjusting agreements. eFiled Lee County Clerk of Courts Page 612. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. All Assignments of Benefits you entered into in connection with the alleged Date of Loss. This request also includes any modifications, revocations or changes to any Assignment of Benefits. Copies of receipts, invoices, bills, credit card charges, and other related documents evidencing any expenses incurred as a result of the claimed Date of Loss, including but not limited to out-of-pocket expenses. Copies of any other insurance policies in effect on the claimed Date of Loss for the Subject Property that may provide coverage for the type of loss alleged in the Complaint. All documents supporting the amount(s) claimed by you for damages arising in connection with the claimed Date of Loss, including invoices, bills, proposals, dry logs, reports and receipts. All documents showing all encumbrances and/or liens on the Subject Property from January 1, 2017 to the present. Copies of all documents either received from, or sent to, your insurer(s) as part of any other property damage claims regarding the Subject Property from January 1, 2013 to the alleged Date of Loss identified in the Complaint. Any estimates, ESX files, contracts, proposals, invoices or quotes prepared for or on behalf of the Plaintiffs or the Plaintiffs’ agents or representatives, concerning damage to the Subject Property that you claim resulted from the Date of Loss. Copies of all receipts, credit card statements, bank statements, cancelled checks or other documents evidencing the purchase, value and/or installation of the roof located at the Subject Property on the Date of Loss described in the Complaint. Copies of all receipts, credit card statements, bank statements, cancelled checks or other documents evidencing the maintenance or repairs to roof at the Subject Property from January 1, 2012 to the present, including but not limited to the cost of routine inspections, power washing, debris removal. All permits applications, and documents submitted in support of same, documenting any repairs to the Subject Property for any reason from January 1, 2012 to the present. All documents identifying the type of roof tile in place at the Subject Property on the Date of Loss. eFiled Lee County Clerk of Courts Page 723. 24. All documents in your possession relating to any efforts to locate or purchase any roof tiles from the Date of Loss to the present. All documents identified, referenced or relied upon by Plaintiff in response to Defendant's Interrogatories. eFiled Lee County Clerk of Courts Page 8