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Filing # 134131210 E-Filed 09/07/2021 04:54:16 PM
IN THE CIRCUIT COURT OF THE
20th 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.
_______________________________________/
RE-NOTICE OF TAKING VIRTUAL DEPOSITION DUCES TECUM
(date and time cleared with Opposing Counsel)
TO: Margaret E. Garner, Esq.
Jackson De Souza, Esq.
501 East Las Olas Boulevard, Suite 200
Fort Lauderdale, FL 33301
service@kwglegal.com
Secondary: margaret@kwglegal.com
Attorneys for Plaintiffs, Ric and Cindy Nalyd
PLEASE TAKE NOTICE that the Defendant, Hartford Insurance Company of the
Midwest, by and through its undersigned attorneys, will take the virtual deposition, by oral
examination of the following individuals, who are to produce the items listed on the
attached Exhibit "A" to the undersigned via email the day before the scheduled
depositions:
NAME DATE & TIME PLACE
RIC NALYD September 24, 2021 Veritext Legal Solutions
at 11:00 a.m. **VIRTUAL APPEARANCE***
*zoom invite will be provided
by Veritext*
September 24, 2021 Veritext Legal Solutions
CINDY NALYD at 2:00 p.m. **VIRTUAL APPEARANCE***
*zoom invite will be provided
by Veritext*
eFiled Lee County Clerk of Courts Page 1
before a member of Veritext Legal Solutions, Registered Professional Reporters, Notary
Public, who are not of counsel to either of the parties or interested in the outcome of the
case. This deposition is being taken for the purpose of discovery for use at trial, or for
such other purposes as are permitted under the applicable and governing rules.
The Deponent named above should be prepared to discuss those matters on
attached Exhibit “A” and to have with you at said time and place the documents and things
on the attached exhibit. The deposition will continue from day to day until it is complete.
BUTLER WEIHMULLER KATZ CRAIG LLP
TRACY A. JURGUS, ESQ.
Florida Bar No.: 483737
tjurgus@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
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the above-named addressees
by e-Portal on September 7, 2021.
TRACY A. JURGUS, ESQ.
cc: Veritext Legal Solutions
2
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EXHIBIT “A”
1. All estimates, ESX files, proposals, bids and other documents outlining repairs
performed, or to be performed, to the property located at 11290 Barca Boulevard,
Boynton Beach, Florida 33437 (“Subject Property”) in connection with the Date of
Loss identified in the Complaint.
2. All paper and electronic records, receipts and invoices documenting repairs to the
Subject Property performed after the alleged Date of Loss which pertains to
damage you allege is caused by Hurricane Irma.
3. All photographs and/or video depicting the Subject Property from the alleged Date
of Loss identified in the Complaint to the present.
4. All photographs and/or video depicting the claimed damage to the Subject Property
arising from the Date of Loss identified in the Complaint.
5. All photographs and/or video depicting the Subject Property in the three-year
period prior to the alleged Date of Loss identified in the Complaint.
6. All paper and electronic records supporting the factual allegations made by Plaintiff
in the Complaint.
7. All correspondence by and between the Defendant, or Defendant’s agents or
representatives, and the Plaintiffs, or Plaintiffs’ agents or representatives,
regarding the Date of Loss identified in the Complaint.
8. All paper and electronic correspondence between you, your representatives, or
your agents and any third-party, other than your attorney, relating to the claimed
damage to the Subject Property allegedly resulting from the Date of Loss.
9. 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 identified in the Complaint.
10. 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.
3
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11. All Assignment of Benefits entered into in connection with the Date of Loss,
including any modifications or withdrawals of Assignment of Benefits, in connection
with the Date of Loss.
12. Copies of receipts, invoices, bills, credit card charges, and other related
documents evidencing any expenses incurred as a result of the Date of Loss,
including but not limited to out-of-pocket expenses.
13. All documents showing all encumbrances and/or liens on the Subject Property
from September 1, 2017 to the present.
14. Copies of all documents either received from, or sent to, your insurer(s) as part of
any prior property damage claims regarding the Subject Property from January 1,
2015 to the alleged Date of Loss identified in the Complaint.
15. All documents pertaining to any roof repairs or maintenance conducted at the
Subject Property from January 1, 2015 to the present.
16. All documents in your possession that relate to the purchase and/or installation of
the roof in place at the Subject Property on the Date of Loss.
17. All documents in your possession that pertain to any permits submitted to any local
building authority for repairs to the Subject Property dated January 1, 2015 to the
present. This request includes any permit applications, attachments sent with any
applications, inspection records, correspondence and/or any notices.
2
eFiled Lee County Clerk of Courts Page 4
Preview
Filing # 134131210 E-Filed 09/07/2021 04:54:16 PM IN THE CIRCUIT COURT OF THE 20th 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. _______________________________________/ RE-NOTICE OF TAKING VIRTUAL DEPOSITION DUCES TECUM (date and time cleared with Opposing Counsel) TO: Margaret E. Garner, Esq. Jackson De Souza, Esq. 501 East Las Olas Boulevard, Suite 200 Fort Lauderdale, FL 33301 service@kwglegal.com Secondary: margaret@kwglegal.com Attorneys for Plaintiffs, Ric and Cindy Nalyd PLEASE TAKE NOTICE that the Defendant, Hartford Insurance Company of the Midwest, by and through its undersigned attorneys, will take the virtual deposition, by oral examination of the following individuals, who are to produce the items listed on the attached Exhibit "A" to the undersigned via email the day before the scheduled depositions: NAME DATE & TIME PLACE RIC NALYD September 24, 2021 Veritext Legal Solutions at 11:00 a.m. **VIRTUAL APPEARANCE*** *zoom invite will be provided by Veritext* September 24, 2021 Veritext Legal Solutions CINDY NALYD at 2:00 p.m. **VIRTUAL APPEARANCE*** *zoom invite will be provided by Veritext* eFiled Lee County Clerk of Courts Page 1 before a member of Veritext Legal Solutions, Registered Professional Reporters, Notary Public, who are not of counsel to either of the parties or interested in the outcome of the case. This deposition is being taken for the purpose of discovery for use at trial, or for such other purposes as are permitted under the applicable and governing rules. The Deponent named above should be prepared to discuss those matters on attached Exhibit “A” and to have with you at said time and place the documents and things on the attached exhibit. The deposition will continue from day to day until it is complete. BUTLER WEIHMULLER KATZ CRAIG LLP TRACY A. JURGUS, ESQ. Florida Bar No.: 483737 tjurgus@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 CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the above-named addressees by e-Portal on September 7, 2021. TRACY A. JURGUS, ESQ. cc: Veritext Legal Solutions 2 eFiled Lee County Clerk of Courts Page 2 EXHIBIT “A” 1. All estimates, ESX files, proposals, bids and other documents outlining repairs performed, or to be performed, to the property located at 11290 Barca Boulevard, Boynton Beach, Florida 33437 (“Subject Property”) in connection with the Date of Loss identified in the Complaint. 2. All paper and electronic records, receipts and invoices documenting repairs to the Subject Property performed after the alleged Date of Loss which pertains to damage you allege is caused by Hurricane Irma. 3. All photographs and/or video depicting the Subject Property from the alleged Date of Loss identified in the Complaint to the present. 4. All photographs and/or video depicting the claimed damage to the Subject Property arising from the Date of Loss identified in the Complaint. 5. All photographs and/or video depicting the Subject Property in the three-year period prior to the alleged Date of Loss identified in the Complaint. 6. All paper and electronic records supporting the factual allegations made by Plaintiff in the Complaint. 7. All correspondence by and between the Defendant, or Defendant’s agents or representatives, and the Plaintiffs, or Plaintiffs’ agents or representatives, regarding the Date of Loss identified in the Complaint. 8. All paper and electronic correspondence between you, your representatives, or your agents and any third-party, other than your attorney, relating to the claimed damage to the Subject Property allegedly resulting from the Date of Loss. 9. 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 identified in the Complaint. 10. 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. 3 eFiled Lee County Clerk of Courts Page 3 11. All Assignment of Benefits entered into in connection with the Date of Loss, including any modifications or withdrawals of Assignment of Benefits, in connection with the Date of Loss. 12. Copies of receipts, invoices, bills, credit card charges, and other related documents evidencing any expenses incurred as a result of the Date of Loss, including but not limited to out-of-pocket expenses. 13. All documents showing all encumbrances and/or liens on the Subject Property from September 1, 2017 to the present. 14. Copies of all documents either received from, or sent to, your insurer(s) as part of any prior property damage claims regarding the Subject Property from January 1, 2015 to the alleged Date of Loss identified in the Complaint. 15. All documents pertaining to any roof repairs or maintenance conducted at the Subject Property from January 1, 2015 to the present. 16. All documents in your possession that relate to the purchase and/or installation of the roof in place at the Subject Property on the Date of Loss. 17. All documents in your possession that pertain to any permits submitted to any local building authority for repairs to the Subject Property dated January 1, 2015 to the present. This request includes any permit applications, attachments sent with any applications, inspection records, correspondence and/or any notices. 2 eFiled Lee County Clerk of Courts Page 4