Preview
Filing # 142583189 E-Filed 01/25/2022 11:02:03 AM
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.
AMENDED NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT’S
DESIGNATED INDEPENDANT ADJUSTER
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of:
DEPONENT DATE AND TIME PLACE
Jeff Dauphinee 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 1
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 25, 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 2
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 3
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).
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 4
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.
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 25th day of January 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 da 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 5
Preview
Filing # 142583189 E-Filed 01/25/2022 11:02:03 AM 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. AMENDED NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT’S DESIGNATED INDEPENDANT ADJUSTER PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of: DEPONENT DATE AND TIME PLACE Jeff Dauphinee 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 1 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 25, 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 2 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 3 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). 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 4 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. 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 25th day of January 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 da 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 5