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Filing # 124972666 E-Filed 04/15/2021 10:41:20 AM
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, STATE OF FLORIDA
CIVIL DIVISION
CASE NO.:
DYLAN T. CONE,
Plaintiff,
v.
EVAN R. HORNBUCKLE and
ANNESSA S. FREDERICK,
Defendants.
/
PLAINTIFF’S RESPONSES TO DEFENDANTS’
REQUEST TO PRODUCE
Plaintiff, DYLAN T. CONE, responds defendants, EVAN R. HORNBUCKLE and
ANNESSA S. FREDERICK’s, request to produce, dated March 17, 2021, as follows:
1. Copies of Federal Income Tax Returns, W-2 Withholding Tax Statements, and any and all
other business records and/or income records and other evidence of income for the last five
(5) years together with evidence of current income to date.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
2. Any and all photographs taken of DYLAN T. CONE since the subject incident depicting
the injuries allegedly incurred at that time.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
3. Any and all photographs, drawings, charts, graphs, writings or other documentary evidence
of the scene of the subject incident or any of the personal property involved in the subject
incident.
Page | of 6
"2021 CA 000039" 124972666 Filed at Alachua County Clerk 04/15/2021 10:41:26 AM EDTRESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
All statements, whether they be written, stenographic, mechanical or electrical recordings
given by either defendant, or a representative of any defendant, pertaining to the subject
incident or any issues in this cause.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
All statements, whether they be written, stenographic, mechanical or electrical recordings
given by the plaintiff, or a representative of the plaintiff, pertaining to the subject incident
or any issues in this cause.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
All statements, whether they be written, stenographic, mechanical or electrical recordings
given by any witness, or representative of any witness, pertaining to the subject incident or
any issues in this cause.
RESPONSE: After performing a reasonable search, documents that are or might be
responsive to this request to produce are not known to be within Mr. Cone’s
possession, custody, or control as of the time of this response.
All statements, whether they be written, stenographic, mechanical or electrical recordings
given by any expert witness who has rendered an opinion concerning the subject incident
or any issues in this cause.
RESPONSE: Mr. Cone has not determined who he may call as an expert witness at trial.
Any and all insurance policies providing benefits or coverage to the plaintiff for any
claimed injury or damage from the subject incident or oceurrence.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
Page 2 of 610.
11.
12.
13.
14.
Any and all videotapes, video footage and photographs of DYLAN T. CONE taken since
the date of the incident giving rise to the claim, regardless of the reason they were taken,
including for personal use.
RESPONSE: Objection. Request is overbroad, not reasonably calculated to lead to the
discovery of admissible evidence, and intended to embarrass, annoy, or
harass Mr. Cone.
Copy, front and back, of most recent driver's license.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
Copy of any and all medical bills for treatment which has been received by DYLAN T.
CONE as a result of the incident described in the Complaint.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
Any and all pleadings or unprivileged documents evidencing any litigation (other than this
lawsuit) in which Plaintiff has been involved in the past ten (10) years, including records
from both criminal and civil proceedings.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
All diplomas, certificates, awards, documents of achievement or documents of any kind
evidencing Plaintiffs qualifications, abilities, education, training or skill for employment.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
All documents (not otherwise called for in this request for production) which in any way
support Plaintiffs claim for lost wages, lost profits or lost wage-earning ability as a result
of the accident/incident which is the subject of this litigation.
Page 3 of 61S.
16.
17.
18.
19.
20.
RESPONSE: Objection. Request is overbroad, not reasonably calculated to lead to the
discovery of admissible evidence, seeks to invade attorney’s mental
impression of the case, and amounts to a fishing expedition.
All documents (not otherwise called for in this request for production) which Plaintiff
contends support Plaintiff's claims for damages in this litigation whether it be medical, pain
and suffering, lost wages, psychological, mental anguish, loss of enjoyment of life, inability
to perform household services, etc.
RESPONSE: Objection. Request is overbroad, not reasonably calculated to lead to the
discovery of admissible evidence, seeks to invade attorney’s mental
impression of the case, and amounts to a fishing expedition.
Any and all resumes or curriculum vitae for all experts Plaintiff intends to utilize at the trial
of this case.
RESPONSE: Mr. Cone has not determined who he may call as an expert witness at trial.
Any and all settlement documents, releases, indemnity agreements, hold harmless
agreements and/or "Mary Carter" agreements of any kind related to the accident/incident,
injuries or damages which are the subject matter of this lawsuit.
RESPONSE: After performing a reasonable search, documents that are or might be
responsive to this request to produce are not known to be within Mr. Cone’s
possession, custody, or control as of the time of this response.
All documents (not otherwise called for in this request for production) which Plaintiff
contends support the claims made by Plaintiff in the Complaint that the Defendants are
liable in this case.
RESPONSE: Objection. Request is overbroad, not reasonably calculated to lead to the
discovery of admissible evidence, seeks to invade attorney’s mental
impression of the case, and amounts to a fishing expedition.
Please provide a complete copy of all billing records for your cell or mobile phone that was
in service on the date of subject accident/incident. The bill should cover the period of time
of the subject accident date.
RESPONSE: After performing a reasonable search, documents that are or might be
responsive to this request to produce are not known to be within Mr. Cone’s
possession, custody, or control as of the time of this response.
Please provide a copy of any and all statement/billing records for any pharmacies, including
but not limited to mail-in prescriptions or mail-in pharmacies, used in the past ten (10)
years.
Page 4 of 6RESPONSE: After performing a reasonable search, documents that are or might be
responsive to this request to produce are not known to be within Mr. Cone’s
possession, custody, or control as of the time of this response.
21. Please provide a copy of any and all of your medical records in your possession from before
the accident which is the subject of this lawsuit.
RESPONSE: After performing a reasonable search, documents that are or might be
responsive to this request to produce are not known to be within Mr. Cone’s
possession, custody, or control as of the time of this response.
22. Please provide a fully executed Social Security Release attached as Exhibit 1.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
23. Please provide a fully executed Medicare Release attached as Exhibit 2.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
24. Please provide a fully executed VA Release attached as Exhibit 3.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
25. Please provide a fully executed Military Personnel Records Release attached as
Exhibit 4.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
26. Please provide a fully executed Form SSA-7050-f4 attached as Exhibit 5.
RESPONSE: After performing a reasonable search, documents that are presently within
Mr. Cone’s possession, custody, or control and that are or might be
responsive to this request to produce are available for inspection and
copying upon reasonable notice.
Page 5 of 6CERTIFICATE OF SERVICE
I certify that the foregoing document has been furnished to Brett Little, Esq.,
legalteam@brettlittlepa.com, PO Box 142410, Gainesville, Florida 32614, by email on April 15,
2021.
ALLEN LAW FIRM, P.A.
{si David Carlson
William T. Allen, Jr., Esq.
Florida Bar No. 950180
Steven M. Brady, Esq.
Florida Bar No.: 749516
David Carlson, Esq.
Florida Bar No.: 124058
2550 S.W. 76th Street, Suite 150
Gainesville, Florida 32608
Phone: (352) 331-6789
Fax: (352) 331-6785
Primary email: litigation@allenlaw.com
Secondary email: melissa@allenlaw.com
Attorneys for Plaintiff
Page 6 of 6
Preview
Filing # 124972666 E-Filed 04/15/2021 10:41:20 AM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, STATE OF FLORIDA CIVIL DIVISION CASE NO.: DYLAN T. CONE, Plaintiff, v. EVAN R. HORNBUCKLE and ANNESSA S. FREDERICK, Defendants. / PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUEST TO PRODUCE Plaintiff, DYLAN T. CONE, responds defendants, EVAN R. HORNBUCKLE and ANNESSA S. FREDERICK’s, request to produce, dated March 17, 2021, as follows: 1. Copies of Federal Income Tax Returns, W-2 Withholding Tax Statements, and any and all other business records and/or income records and other evidence of income for the last five (5) years together with evidence of current income to date. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. 2. Any and all photographs taken of DYLAN T. CONE since the subject incident depicting the injuries allegedly incurred at that time. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. 3. Any and all photographs, drawings, charts, graphs, writings or other documentary evidence of the scene of the subject incident or any of the personal property involved in the subject incident. Page | of 6 "2021 CA 000039" 124972666 Filed at Alachua County Clerk 04/15/2021 10:41:26 AM EDTRESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. All statements, whether they be written, stenographic, mechanical or electrical recordings given by either defendant, or a representative of any defendant, pertaining to the subject incident or any issues in this cause. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. All statements, whether they be written, stenographic, mechanical or electrical recordings given by the plaintiff, or a representative of the plaintiff, pertaining to the subject incident or any issues in this cause. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. All statements, whether they be written, stenographic, mechanical or electrical recordings given by any witness, or representative of any witness, pertaining to the subject incident or any issues in this cause. RESPONSE: After performing a reasonable search, documents that are or might be responsive to this request to produce are not known to be within Mr. Cone’s possession, custody, or control as of the time of this response. All statements, whether they be written, stenographic, mechanical or electrical recordings given by any expert witness who has rendered an opinion concerning the subject incident or any issues in this cause. RESPONSE: Mr. Cone has not determined who he may call as an expert witness at trial. Any and all insurance policies providing benefits or coverage to the plaintiff for any claimed injury or damage from the subject incident or oceurrence. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. Page 2 of 610. 11. 12. 13. 14. Any and all videotapes, video footage and photographs of DYLAN T. CONE taken since the date of the incident giving rise to the claim, regardless of the reason they were taken, including for personal use. RESPONSE: Objection. Request is overbroad, not reasonably calculated to lead to the discovery of admissible evidence, and intended to embarrass, annoy, or harass Mr. Cone. Copy, front and back, of most recent driver's license. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. Copy of any and all medical bills for treatment which has been received by DYLAN T. CONE as a result of the incident described in the Complaint. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. Any and all pleadings or unprivileged documents evidencing any litigation (other than this lawsuit) in which Plaintiff has been involved in the past ten (10) years, including records from both criminal and civil proceedings. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. All diplomas, certificates, awards, documents of achievement or documents of any kind evidencing Plaintiffs qualifications, abilities, education, training or skill for employment. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. All documents (not otherwise called for in this request for production) which in any way support Plaintiffs claim for lost wages, lost profits or lost wage-earning ability as a result of the accident/incident which is the subject of this litigation. Page 3 of 61S. 16. 17. 18. 19. 20. RESPONSE: Objection. Request is overbroad, not reasonably calculated to lead to the discovery of admissible evidence, seeks to invade attorney’s mental impression of the case, and amounts to a fishing expedition. All documents (not otherwise called for in this request for production) which Plaintiff contends support Plaintiff's claims for damages in this litigation whether it be medical, pain and suffering, lost wages, psychological, mental anguish, loss of enjoyment of life, inability to perform household services, etc. RESPONSE: Objection. Request is overbroad, not reasonably calculated to lead to the discovery of admissible evidence, seeks to invade attorney’s mental impression of the case, and amounts to a fishing expedition. Any and all resumes or curriculum vitae for all experts Plaintiff intends to utilize at the trial of this case. RESPONSE: Mr. Cone has not determined who he may call as an expert witness at trial. Any and all settlement documents, releases, indemnity agreements, hold harmless agreements and/or "Mary Carter" agreements of any kind related to the accident/incident, injuries or damages which are the subject matter of this lawsuit. RESPONSE: After performing a reasonable search, documents that are or might be responsive to this request to produce are not known to be within Mr. Cone’s possession, custody, or control as of the time of this response. All documents (not otherwise called for in this request for production) which Plaintiff contends support the claims made by Plaintiff in the Complaint that the Defendants are liable in this case. RESPONSE: Objection. Request is overbroad, not reasonably calculated to lead to the discovery of admissible evidence, seeks to invade attorney’s mental impression of the case, and amounts to a fishing expedition. Please provide a complete copy of all billing records for your cell or mobile phone that was in service on the date of subject accident/incident. The bill should cover the period of time of the subject accident date. RESPONSE: After performing a reasonable search, documents that are or might be responsive to this request to produce are not known to be within Mr. Cone’s possession, custody, or control as of the time of this response. Please provide a copy of any and all statement/billing records for any pharmacies, including but not limited to mail-in prescriptions or mail-in pharmacies, used in the past ten (10) years. Page 4 of 6RESPONSE: After performing a reasonable search, documents that are or might be responsive to this request to produce are not known to be within Mr. Cone’s possession, custody, or control as of the time of this response. 21. Please provide a copy of any and all of your medical records in your possession from before the accident which is the subject of this lawsuit. RESPONSE: After performing a reasonable search, documents that are or might be responsive to this request to produce are not known to be within Mr. Cone’s possession, custody, or control as of the time of this response. 22. Please provide a fully executed Social Security Release attached as Exhibit 1. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. 23. Please provide a fully executed Medicare Release attached as Exhibit 2. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. 24. Please provide a fully executed VA Release attached as Exhibit 3. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. 25. Please provide a fully executed Military Personnel Records Release attached as Exhibit 4. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. 26. Please provide a fully executed Form SSA-7050-f4 attached as Exhibit 5. RESPONSE: After performing a reasonable search, documents that are presently within Mr. Cone’s possession, custody, or control and that are or might be responsive to this request to produce are available for inspection and copying upon reasonable notice. Page 5 of 6CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished to Brett Little, Esq., legalteam@brettlittlepa.com, PO Box 142410, Gainesville, Florida 32614, by email on April 15, 2021. ALLEN LAW FIRM, P.A. {si David Carlson William T. Allen, Jr., Esq. Florida Bar No. 950180 Steven M. Brady, Esq. Florida Bar No.: 749516 David Carlson, Esq. Florida Bar No.: 124058 2550 S.W. 76th Street, Suite 150 Gainesville, Florida 32608 Phone: (352) 331-6789 Fax: (352) 331-6785 Primary email: litigation@allenlaw.com Secondary email: melissa@allenlaw.com Attorneys for Plaintiff Page 6 of 6