Clerk Notice: Nalyd, Ric et al Plaintiff vs ASI Preferred Insurance Corp Defendant

On January 19, 2021 a Clerk Notice was filed involving a dispute between Cindy Nalyd, Ric Nalyd, and Asi Preferred Insurance Corp, for CA Insurance Claims in the District Court of Lee County.

Preview
Filing # 141369034 E-Filed 01/05/2022 09:59:08 AM

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.
__________________________________/

DEFENDANT’S OBJECTIONS TO PLAINTIFFS’ NOTICE OF TAKING DEPOSITION
DUCES TECUM OF DEFENDANT’S DESIGNATED INDEPENDENT ADJUSTER

Defendant, ASI PREFERRED INSURANCE CORP., by and through the

undersigned counsel, hereby files its objections to Plaintiffs’ Notice of Taking Deposition

Duces Tecum of Defendant’s Independent Adjuster, on March 29, 2022 at 10:00 a.m.,

and states as follows in support:

1. This breach of contract action arises from alleged damages to an insured

property reportedly arising from Hurricane Irma on or about September 10, 2017.

2. Plaintiffs filed a Notice of Taking Video Deposition Duces Tecum of

Defendant Independent Adjuster, scheduled to take place on March 29, 2022 at 10:00

a.m., which includes an attached request for production of documents. See Notice

attached hereto as Exhibit A.

3. Defendant objects to Plaintiffs’ Duces Tecum Request for Documents in the

Notice of Taking Video Deposition, paragraph one, seeking “The entire file(s) relating to

Claim Number 811436-201013 and the Loss occurring at the Property, including but not

eFiled Lee County Clerk of Courts Page 1
limited to, inspection reports and records, proposals, estimates, handwritten or typed

notes, correspondence, electronic mail correspondence, contracts, and any and all

documents of any nature whatsoever relating to the Property. Please note a complete

copy of your file will contain any and all correspondence to and from any persons, whether

a party or not.” See Exhibit A.

4. In paragraph three, the Notice requests manuals and supplies “evidencing

authority,” in connection with the subject claim, while paragraph four requests all

statements from any witnesses.

5. Furthermore, in paragraphs six, eight, nine, eleven, twelve, and thirteen

through sixteen, and the Notice requests other claim file-protected documents, such as

notes, reports, data files, internal correspondence and all items reviewed in determining

any opinions. See Exhibit A.

6. These requests are overbroad and not reasonably calculated to lead to the

discovery of admissible evidence in this first party breach of contract action. These

requests seek irrelevant, work product-protected information that is beyond the scope of

permissible discovery in a first-party breach of contract action. See Avatar Property &

Cas. Ins. Co. v. Flores, 2021 WL 1431118 (Fla. 2d DCA April 16, 2021); Zirkelbach

Const., Inc. v. Rajan, 93 So. 3d 1124, 1129 (Fla. 2d DCA 2012); State Farm v. Gallmon,

835 So. 2d 389 (Fla. 2d DCA 2003); and State Farm v. Valido, 662 So. 2d 1012 (Fla. 3d

DCA 1995).

7. In addition, the Notice itself is improper in that it does not include the name

of the individual intended to be deposed, but instead states “Independent Adjuster,” and

fails to provide an address.

eFiled Lee County Clerk of Courts Page 2
8. Specifically, Defendant objects to the requested work product-protected

documents, and seeks a protective order to the extent that Plaintiff counsel intends to

question the deponent concerning any of the work-product protected claim file information

outlined in Defendant’s privilege log, including the details of any draft estimates, reports

or discussions relating to same. See Defendant’s Privilege Log, attached hereto as

Exhibit B.

9. Plaintiffs’ document requests should be limited only to the information that

is discoverable in a first party breach of contract action.

WHEREFORE, Defendant, ASI PREFERRED INSURANCE CORP., respectfully

requests that this Court enter an Order sustaining Defendant’s objections and precluding

the production of work product protected documents, estimates and field notes, as well

as any other remedy this Court deems reasonable under the circumstances.

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, ASI Preferred Insurance
Corp.

eFiled Lee County Clerk of Courts Page 3
CERTIFICATE OF SERVICE

I 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
Secondary: margaret@kwglegal.com
Attorneys For Plaintiffs, Ric and Cindy Nalyd

Jackson B. 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, Ric and Cindy Nalyd

by e-Portal on January 5, 2022.

TRACY A. JURGUS, ESQ.

eFiled Lee County Clerk of Courts Page 4
Filing # 141301958 E-Filed 01/04/2022 12:35:32 PM

IN THE CIRCUIT COURT IN AND FOR LEE COUNTY, FLORIDA

RIC NALYD AND CINDY NALYD, CASE NO. 21-CA-000383

Plaintiff(s),
v.

ASI PREFERRED INSURANCE CORP.,

Defendant.

NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT’S
DESIGNATED FIELD ADJUSTER

PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of:

DEPONENT DATE AND TIME PLACE
Independent Adjuster Tuesday March 29, 2022 U.S. Legal Support
at 10:00 A.M. Via Zoom Link

Upon oral examination before a court reporter or any other Notary Public or officer authorized by
law to take depositions in the State of Florida. The oral examination will continue from hour to
hour and day to day until completed. This deposition is being taken for the purpose of discovery,
for use at trial, or for such other purposes as are permitted under the Rules of Court.

YOU ARE REQUIRED TO HAVE WITH YOU ALL ORIGINAL DOCUMENTS THAT
YOU HAVE WHICH ARE LISTED IN THE ATTACHED SCHEDULE “A”.

The deponent is directed to produce for inspection and/or copying the documents listed in schedule
B of this notice 10 days prior to the scheduled deposition. This is in an effort to expedite the
deposition in order to allow Plaintiff to review the documents prior to the deposition. If the
documents are not provided prior to the deposition, the Defendant is put on notice that Plaintiff
will reserve the necessary time at the beginning of the deposition in order to review any documents
not produced previously. Production of the responsive documents may be via electronic delivery.
Plaintiff will reimburse deponent for all reasonable costs associated with producing the requested
documents as allowed by the Florida Rules of Civil Procedure. If any documents are being claimed

Katranis, Wald & Garner, PLLC
501 E. Las Olas Blvd Suite 200/300, Fort Lauderdale, FL 33301
Telephone: (754) 231-8107 | Service@KWGLegal.com
eFiled Lee County Clerk of Courts Page 5
as privileged, Defendant must file a privilege log prior to the deposition with enough time for the
Court to rule upon said objections prior to the deposition.

The deposition will be videotaped, and the name and address of the operator will be provided after
Defendant provides the date and location of the deposition as referenced above.

IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, persons with
disabilities needing special accommodation should contact the undersigned at (954) 676-4179
no later than seven (7) days prior to the proceedings.

CERTIFICATE OF SERVICE
WE HEREBY CERTIFY a true copy of the foregoing was filed via the Florida Courts

E-Filing Portal and furnished electronically pursuant to Rule 2.516, Fla. R. Jud. Admin. upon:

Tracy A. Jurgus, Esq. & Kaitlyn M. Dugas, Esq., Attorneys for the Defendant, at BUTLER

WEIHMULLER KATZ CRAIG LLP | 400 N. Ashley Drive, Suite 2300 Tampa, Florida 33602,

kdugas@butler.legal; tjurgus@butler.legal; drobinson@butler.legal; on the January 04, 2022.

Respectfully submitted,

KATRANIS, WALD & GARNER, PLLC
501 E Las Olas Boulevard, Suite 200/300
Fort Lauderdale, Florida 33301
Tel.: (754) 231-8107
E-Service Email: service@kwglegal.com
Non-Service Email: Margaret@kwglegal.com
Secondary Email: jackson@kwglegal.com

By: /s/ Jackson de Souza
Margaret E. Garner, Esq.
Florida Bar No.: 85908
Jackson De Souza, Esq.
Florida Bar No.: 1001603

Katranis, Wald & Garner, PLLC
501 E. Las Olas Blvd Suite 200/300, Fort Lauderdale, FL 33301
Telephone: (754) 231-8107 | Service@KWGLegal.com
eFiled Lee County Clerk of Courts Page 6
SCHEDULE “A”

Any and all non-privileged records and documents in your possession regarding Claim Number
811436-201013, relating to the loss which occurred on September 10, 2017 (hereinafter the
“Loss”) to the real property owned by RIC NALYD AND CINDY NALYD, and/or his
representatives, heirs, assigns, etc., located at 5425 Whispering Willow Way, Fort Myers, FL
33908 (hereinafter the “Property”), including but not limited to the following:

1. Your entire file relating to Claim Number 811436-201013and the Loss occurring at the
Property, including but not limited to, inspection reports and records, proposals, estimates,
handwritten or typed notes, correspondence, electronic mail correspondence, contracts, and
any and all documents of any nature whatsoever relating to the Property. Please note a
complete copy of your file will contain any and all correspondence to and from any persons,
whether a party or not.

2. A complete accounting of any and all monies received from Defendant, ASI PREFERRED
INSURANCE CORP., for services rendered by you in connection with Claim Number
811436-201013 and the Loss occurring at the Property.

3. All documents, including manuals and supplies, evidencing authority granted to you by the
Defendant, ASI PREFERRED INSURANCE CORP., in connection with Claim Number
811436-201013and the Loss occurring at the Property.

4. All statements of any witness(es) relating to Claim Number 811436-201013and the Loss
occurring at the Property.

5. All employment contracts between you and Defendant, ASI PREFERRED INSURANCE
CORP., or its representatives, and all time entries recorded reflecting the total amount of
time you spent in connection with Claim Number 811436-201013 and the Loss occurring
at the Property.

6. Any and all memoranda, correspondence, documentation, notes, reports, data,
photographs, or manuals relied upon in forming your opinion(s) in connection with Claim
Number 811436-201013and the Loss occurring at the Property.

7. A copy of your “current” Curriculum Vitae or Resumé, publishings, and state issued
licenses.

8. Any and all documents, notes, items, testimony, and/or exhibits from which you based any
of your opinions or evaluations in connection with Claim Number 811436-201013 and the
Loss occurring at the Property.

9. Any and all authorities or authoritative texts, codes, or otherwise, ordinances or resolutions
that have been consulted in formulating any of your opinions or evaluations in connection
with Claim Number 811436-201013 and the Loss occurring at the Property.

Katranis, Wald & Garner, PLLC
501 E. Las Olas Blvd Suite 200/300, Fort Lauderdale, FL 33301
Telephone: (754) 231-8107 | Service@KWGLegal.com
eFiled Lee County Clerk of Courts Page 7
10. Any other documents not included above which were used in formulating your opinions or
evaluations in connection with Claim Number 811436-201013 and the Loss occurring at
the Property.

11. Any and all documents produced or generated by you or at your request in the analysis or
evaluation relating to Claim Number 811436-201013 and the Loss occurring at the
Property.

12. Any and all documents, notes and/or reports made or created with respect to all tests,
inspections, review, consultations or experiments conducted by you or in your presence, at
your suggestion or on your behalf in connection with Claim Number 811436-201013 and
the Loss occurring at the Property.

13. All records pertaining to the fees and expenses charged by you in connection with Claim
Number 811436-201013 and the Loss occurring at the Property, and a complete record of
payment.

14. Any and all raw data files relating to Claim Number 811436-201013 and the Loss occurring
at the Property.

15. List of amounts paid by Defendant, ASI PREFERRED INSURANCE CORP., to you for
hired services for the last five (5) years.

16. Any and all bills, collection letters, demand letters, invoices, correspondence or documents
of any kind sent by or on behalf of you and/or directly to Defendant, ASI PREFERRED
INSURANCE CORP., its attorney(s) and/or agent(s).

17. Any and all communications or documents from or on behalf of you and/or its attorney(s),
or representatives or agent(s) to any agent, attorney or employee of Defendant, ASI
PREFERRED INSURANCE CORP., in connection with to Claim Number 811436-
201013and the Loss occurring at the Property. This includes, but is not limited to: emails,
letters, facsimiles, electronic submissions, telephone call log, correspondence or
documents of any king in any form, including any exhibits, attachments or documents
referenced therein.

18. List of all trials and depositions you participated in for the last five (5) years.

19. A privilege log for any documents you are withholding or claiming privilege for.

To the extent Defendant contends that any of the requests listed above seek documents
protected by privilege, Petitioner request that Defendant prepare and produce prior to the
deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5).

RIC NALYD AND CINDY NALYD, CASE NO. 21-CA-000383

Plaintiff(s),
v.

ASI PREFERRED INSURANCE CORP.,

Defendant.

TO: JEFF DAUPHINEE IA
TSA ADJUSTERS
830 Palmetto Street
Englewood, FL 34223

YOU ARE COMMANDED to appear before the undersigned attorney at US Legal
Support, Zoom Link, on Tuesday, March 29, 2022, at 10:00 a.m. the taking of your testimony
in this action.

IF THE DATE AND/OR TIME INDICATED ABOVE IS INCONVENIENT OR
IN CONFLICT WITH YOUR SCHEDULE, WITHIN 48 HOURS OF RECEIPT
OF THIS NOTICE, PLEASE CONTACT THE UNDERSIGNED TO
RESCHEDULE YOUR ATTENDANCE AT THIS TRIAL.

You are commanded to appear by the undersigned attorney, and unless excused from the
deposition by this attorney or the Court, you shall respond to this Subpoena as directed.

DATED on this 4th day of January 2020.

Respectfully submitted,

By: /s/ Jackson da Souza
Margaret E. Garner, Esq.
Florida Bar No.: 85908
Jackson De Souza, Esq.
Florida Bar No.: 1001603

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.
_______________________________________/

DEFENDANT’S PRIVILEGE LOG

Defendant, ASI PREFERRED INSURANCE CORP., hereby gives notice of serving

its Log of Privileged, Immune and/or Confidential Documents responsive to Plaintiffs’

Request for Production, and Initial Interrogatories. Defendant objects to the production of

the documents and materials as they are considered protected by privilege.

Date Summary Privilege

Various Dates Internal claim notes re: claim Claims handling documents that are
number 811436 irrelevant and protected work-product
in a first party breach of contract
action pursuant to State Farm Mut.
Auto. Ins. Co. v. O'Hearn, 975 So.2d
633 (Fla. 2d DCA 2008) and State
Farm Florida Ins. Co. v. Gallmon, 835
So.2d 389 (Fla. 2d DCA 2003. In
addition, proprietary information.

Various Dates ASI Preferred Insurance Corp.’s Claims handling documents that are
Underwriting File for the irrelevant and protected work-product
Insureds in a first party breach of contract
action pursuant to State Farm Mut.
Auto. Ins. Co. v. O'Hearn, 975 So.2d
633 (Fla. 2d DCA 2008) and State
Farm Florida Ins. Co. v. Gallmon, 835

eFiled
eFiledLee
LeeCounty
CountyClerk
ClerkofofCourts
CourtsPage
Page10 1
So.2d 389 (Fla. 2d DCA 2003). In
addition, irrelevant and proprietary.

09/18/2020 Redacted photographs taken Claims handling documents that are
by Jeff Dauphinee of TSI irrelevant and protected work-product
Adjusters, Inc. with privileged in a first party breach of contract
commentary re: investigation of action pursuant to State Farm Mut.
claim number 811436 Auto. Ins. Co. v. O'Hearn, 975 So.2d
633 (Fla. 2d DCA 2008) and State
Farm Florida Ins. Co. v. Gallmon, 835
So.2d 389 (Fla. 2d DCA 2003).

BUTLER WEIHMULLER KATZ CRAIG LLP

eFiled
eFiledLee
LeeCounty
CountyClerk
ClerkofofCourts
CourtsPage
Page11 2
CERTIFICATE OF SERVICE

I certify that a copy hereof has been furnished to:

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 December 8, 2021.

TRACY A. JURGUS, ESQ.

eFiled
eFiledLee
LeeCounty
CountyClerk
ClerkofofCourts
CourtsPage
Page12 3

Case Info

Judge

Leigh Frizzell Hayes Track Judge’s New Case

Case No.

(Subscribe to View)

Case Filing Date

January 19, 2021

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.