Preview
Filing # 130333491 E-Filed 07/09/2021 10:47:16 AM
IN THE CIRCUIT COURT OF THE 5TH
JUDICIAL CIRCUIT IN AND FOR CITRUS
COUNTY, FLORIDA
NANCY MAGRENE, Case No.: 2021-CA-000008 A.
Plaintiff,
vs.
SECURITY FIRST INSURANCE
COMPANY,
Defendant.
/
FIRST REQUEST TO PRODUCE TO PL.
TIFF
COMES NOW the Defendant, SECURITY FIRST INSURANCE COMPANY, by and
through its undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.350 hereby
requests the Plaintiff, to produce to the undersigned attorneys, within thirty (30) days from the date
hereof the following items on the grounds that the items requested contain or constitute material
and relevant evidence to this cause and are unavailable to Defendant, and without which Defendant
cannot adequately and properly prepare this case.
Definitions
1. The term “Communications” means all discussions, conversations, meetings,
conferences, telephone conversations, interviews, negotiations, agreements, understandings, cards,
letters, correspondence, telegrams, telexes, electronic mail, voicemail, or other forms of written or
verbal interchange, however transmitted or stored, including reports, notes, memoranda, lists,
agenda and other records of any Communications.
2. “Document(s)” has the broadest meaning possible consistent with the applicable
State Rules of Civil Procedure and means all writing or recording of every kind or description,whether handwritten, typed, or recorded by any physical, mechanical, or electronic means,
including electronic mail.
3. “Related to” or “relating to” shall mean directly or indirectly relating to, mentioning
or describing, pertaining to, being connected with, referring to, or reflecting upon a stated subject
matter.
4. “Defendant or Defendants” shall mean the defendant or defendants listed in the
Complaint in this action, and any agent, employee, or other representative of the defendant(s).
5. “You” and “Your” shall mean Nancy Magrene.
Instructions
1. Any Document responsive to these Document requests that are not disclosed or
produced by reason of a claim of privilege or work product, or for any other reason, shall be
identified by: (a) the subject matter of the Document; (b) the author of the Document; (c) the
recipient(s) of the Document; (d) the identity of any person(s) to whom the Document, or any
portion thereof, has been revealed; (e) the basis upon which the information is being withheld.
2. All Documents that exist in electronic format shall be produced in the format in
which they are maintained, including all metadata, unless the parties agree to an alternative means
of production.
3. If any Document described in any response to these Document requests is no longer
in Your possession, custody, control, or care, state whether the Document: (a) is missing or lost;
(b) has been destroyed; (c) has been transferred voluntarily or involuntarily to others; or (c) has
been otherwise disposed of or discarded. In each situation, please state the facts surrounding such
disposition, and identify the person(s) directing or authorizing that disposition, and the disposition
date.
Page 2 of 7
Case No. 2021-CA-000008 A4. To the extent that any of these document requests seek confidential medical records
or information, SECURITY FIRST INSURANCE COMPANY states that it is prepared to enter
into a mutually agreeable confidentiality agreement or other agreement or order to protect the
confidentiality of such records or information.
Page 3 of 7
Case No. 2021-CA-000008 ADOCUMENTS TO BE PRODUCED
1. Any and all photographs taken BY ANYONE, as a result of the alleged incident
whether by you, or YOUR PUBLIC ADJUSTER, or OTHER AGENT.
2. Any and all photographs or video records taken by anyone PRIOR TO THE DATE
OF LOSS, showing or depicting any of the areas alleged to be damaged as a result of this loss.
3. True copies of any and all statements taken from the Defendant, SECURITY FIRST
INSURANCE COMPANY, and/or from any agent, servant, or employee of said Defendant as a
result of the alleged incident.
4. True copies of any correspondence, letters, or other writings sent by you or any of
your agents to SECURITY FIRST INSURANCE COMPANY, or any of its agents.
5. True copies of any correspondence, letters, or other writings sent by SECURITY
FIRST INSURANCE COMPANY, or any of its agents to you or any of your agents.
6. True copies of any correspondence, letters, or other writings sent by you or your
agents to anyone other than SECURITY FIRST INSURANCE COMPANY regarding the damages
that are the subject matter of this lawsuit.
7. True copies of any and all itemized lists of damages regarding the claim for real
and personal property, which is the subject of this lawsuit.
8. True copies of any and all itemized lists of incurred expenses, whether paid or not,
regarding the claim for real and personal property, which is the subject of this lawsuit.
9. Any and all photographs of items of personal property claimed to be damaged, both
before and after the occurrence of the claimed damage.
Page 4 of 7
Case No. 2021-CA-000008 A10. Any and all receipts, invoices, cancelled checks, credit card receipts and statements
or other documentation for the original purchase of the items of personal property claimed to have
been damaged.
ll. Any and all receipts, invoices, cancelled checks, credit card receipts and statements
or other documentation reflecting replacement purchase of the items of personal property claimed
to have been damaged.
12. Any and all receipts, invoices, cancelled checks, credit card receipts and statements
or other documentation reflecting repair of or to the structure claimed to have been damaged.
13. Any and all receipts, invoices, cancelled checks, credit card receipts and statements
or other documentation reflecting payment for additional living expenses.
14. Any and all receipts, invoices, bills for services and/or repairs rendered as a result
of the subject loss, indicating who provided and/or issued payment for said services and/or repairs.
15. Your income tax returns for the tax years 2016-2019. The tax returns should
include all W-2 forms, 1099 forms and attached schedules. If you have not filed your 2019 tax
return, please provide documentation of your earnings for tax year 2019.
16. — Any and all documents which serve as verification of any employment you have
held or any income you have received during the three year period prior to the date of loss.
17. Copies of any and all financial statements in your possessions, custody of control
executed or issued by you, reflecting your financial condition during the years of 2016-2019.
18. Any and all writings of financial records in your possession or custody or subject
to your control, showing or tending to show all monies due to you, together with any records you
may have showing or tending to show all persons who owe you money.
Page 5 of 7
Case No. 2021-CA-000008 A19. | Any and all original notes, deeds, title certificates, mortgages, or security
instruments of any kind showing or tending to show the existence of debts owed to you on property
owned by you or property in which you have a security interest.
20. Any and all insurance policies insuring, other than the subject policy, that would
provide coverage for the loss claimed.
21. Any and all bills of sale, deeds, contract or other documents showing transfer of
any and all real property which you own alone or jointly with any other person, executed by you
personally or jointly with any other person during the years of 2016-2017.
22. Any and all invoices, cancelled checks in any form whatsoever, created by, on
behalf of or any individuals who effected any repairs in response to the subject loss.
23. Any and all documents indicating claims with regard to damage to the subject
property prior to the date of loss alleged in the Complaint.
24. Any and all documents indicating claims with regard to damage to the subject
property subsequent to the date of loss alleged in the Complaint.
25. Receipts, invoices, and/or payments for any repairs to the home, if any, prior to the
date of loss alleged in the Complaint.
26. Any leases entered into for the last 5 years regarding the subject property.
27. Any contracts entered into with any realtors for the sale of the subject property in
the last 5 years.
28. Any documents evidencing any maintenance, repairs or renovations to the area
where the alleged loss occurred in the last five (5) years.
29. Any documents evidencing payment for maintenance, repairs or renovations to the
area where the loss occurred in the last five (5) years.
Page 6 of 7
Case No. 2021-CA-000008 A30. Any and all documents supporting the facts of the loss as reported to SECURITY
FIRST INSURANCE COMPANY, including but not limited to the cause of the loss, the date of
the loss, and the damages resulting from the subject loss.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
E-Mail this 9th day of July 2021 to the following:
Your Insurance Attorney, PLLC.
Artistides “Kico” Diaz, Esq.
2601 South Bayshore Drive 18" Floor
Coconut Grove, FL 33133 at:
Email: YIA13@Yourinsuranceattorney.com
Secondary Email: Eservice@Y ourinsuranceattorney.com
SCHAROME R. WOLFE P.A.
d/b/a MY LEGAL WOLFE
7380 Sand Lake Road, Suite 500
Orlando, FL 32819
(407) 363-7085 / (407) 250-8946 Fax
Primary: Pleadings@mylegalwolfe.com
Secondary: swolfe@mylegalwolfe.com
BY:__/s/ Scharome Wolfe
SCHAROME R. WOLFE, ESQ.
Florida Bar No. 672947
Page 7 of 7
Case No. 2021-CA-000008 A
Preview
Filing # 130333491 E-Filed 07/09/2021 10:47:16 AM IN THE CIRCUIT COURT OF THE 5TH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA NANCY MAGRENE, Case No.: 2021-CA-000008 A. Plaintiff, vs. SECURITY FIRST INSURANCE COMPANY, Defendant. / FIRST REQUEST TO PRODUCE TO PL. TIFF COMES NOW the Defendant, SECURITY FIRST INSURANCE COMPANY, by and through its undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.350 hereby requests the Plaintiff, to produce to the undersigned attorneys, within thirty (30) days from the date hereof the following items on the grounds that the items requested contain or constitute material and relevant evidence to this cause and are unavailable to Defendant, and without which Defendant cannot adequately and properly prepare this case. Definitions 1. The term “Communications” means all discussions, conversations, meetings, conferences, telephone conversations, interviews, negotiations, agreements, understandings, cards, letters, correspondence, telegrams, telexes, electronic mail, voicemail, or other forms of written or verbal interchange, however transmitted or stored, including reports, notes, memoranda, lists, agenda and other records of any Communications. 2. “Document(s)” has the broadest meaning possible consistent with the applicable State Rules of Civil Procedure and means all writing or recording of every kind or description,whether handwritten, typed, or recorded by any physical, mechanical, or electronic means, including electronic mail. 3. “Related to” or “relating to” shall mean directly or indirectly relating to, mentioning or describing, pertaining to, being connected with, referring to, or reflecting upon a stated subject matter. 4. “Defendant or Defendants” shall mean the defendant or defendants listed in the Complaint in this action, and any agent, employee, or other representative of the defendant(s). 5. “You” and “Your” shall mean Nancy Magrene. Instructions 1. Any Document responsive to these Document requests that are not disclosed or produced by reason of a claim of privilege or work product, or for any other reason, shall be identified by: (a) the subject matter of the Document; (b) the author of the Document; (c) the recipient(s) of the Document; (d) the identity of any person(s) to whom the Document, or any portion thereof, has been revealed; (e) the basis upon which the information is being withheld. 2. All Documents that exist in electronic format shall be produced in the format in which they are maintained, including all metadata, unless the parties agree to an alternative means of production. 3. If any Document described in any response to these Document requests is no longer in Your possession, custody, control, or care, state whether the Document: (a) is missing or lost; (b) has been destroyed; (c) has been transferred voluntarily or involuntarily to others; or (c) has been otherwise disposed of or discarded. In each situation, please state the facts surrounding such disposition, and identify the person(s) directing or authorizing that disposition, and the disposition date. Page 2 of 7 Case No. 2021-CA-000008 A4. To the extent that any of these document requests seek confidential medical records or information, SECURITY FIRST INSURANCE COMPANY states that it is prepared to enter into a mutually agreeable confidentiality agreement or other agreement or order to protect the confidentiality of such records or information. Page 3 of 7 Case No. 2021-CA-000008 ADOCUMENTS TO BE PRODUCED 1. Any and all photographs taken BY ANYONE, as a result of the alleged incident whether by you, or YOUR PUBLIC ADJUSTER, or OTHER AGENT. 2. Any and all photographs or video records taken by anyone PRIOR TO THE DATE OF LOSS, showing or depicting any of the areas alleged to be damaged as a result of this loss. 3. True copies of any and all statements taken from the Defendant, SECURITY FIRST INSURANCE COMPANY, and/or from any agent, servant, or employee of said Defendant as a result of the alleged incident. 4. True copies of any correspondence, letters, or other writings sent by you or any of your agents to SECURITY FIRST INSURANCE COMPANY, or any of its agents. 5. True copies of any correspondence, letters, or other writings sent by SECURITY FIRST INSURANCE COMPANY, or any of its agents to you or any of your agents. 6. True copies of any correspondence, letters, or other writings sent by you or your agents to anyone other than SECURITY FIRST INSURANCE COMPANY regarding the damages that are the subject matter of this lawsuit. 7. True copies of any and all itemized lists of damages regarding the claim for real and personal property, which is the subject of this lawsuit. 8. True copies of any and all itemized lists of incurred expenses, whether paid or not, regarding the claim for real and personal property, which is the subject of this lawsuit. 9. Any and all photographs of items of personal property claimed to be damaged, both before and after the occurrence of the claimed damage. Page 4 of 7 Case No. 2021-CA-000008 A10. Any and all receipts, invoices, cancelled checks, credit card receipts and statements or other documentation for the original purchase of the items of personal property claimed to have been damaged. ll. Any and all receipts, invoices, cancelled checks, credit card receipts and statements or other documentation reflecting replacement purchase of the items of personal property claimed to have been damaged. 12. Any and all receipts, invoices, cancelled checks, credit card receipts and statements or other documentation reflecting repair of or to the structure claimed to have been damaged. 13. Any and all receipts, invoices, cancelled checks, credit card receipts and statements or other documentation reflecting payment for additional living expenses. 14. Any and all receipts, invoices, bills for services and/or repairs rendered as a result of the subject loss, indicating who provided and/or issued payment for said services and/or repairs. 15. Your income tax returns for the tax years 2016-2019. The tax returns should include all W-2 forms, 1099 forms and attached schedules. If you have not filed your 2019 tax return, please provide documentation of your earnings for tax year 2019. 16. — Any and all documents which serve as verification of any employment you have held or any income you have received during the three year period prior to the date of loss. 17. Copies of any and all financial statements in your possessions, custody of control executed or issued by you, reflecting your financial condition during the years of 2016-2019. 18. Any and all writings of financial records in your possession or custody or subject to your control, showing or tending to show all monies due to you, together with any records you may have showing or tending to show all persons who owe you money. Page 5 of 7 Case No. 2021-CA-000008 A19. | Any and all original notes, deeds, title certificates, mortgages, or security instruments of any kind showing or tending to show the existence of debts owed to you on property owned by you or property in which you have a security interest. 20. Any and all insurance policies insuring, other than the subject policy, that would provide coverage for the loss claimed. 21. Any and all bills of sale, deeds, contract or other documents showing transfer of any and all real property which you own alone or jointly with any other person, executed by you personally or jointly with any other person during the years of 2016-2017. 22. Any and all invoices, cancelled checks in any form whatsoever, created by, on behalf of or any individuals who effected any repairs in response to the subject loss. 23. Any and all documents indicating claims with regard to damage to the subject property prior to the date of loss alleged in the Complaint. 24. Any and all documents indicating claims with regard to damage to the subject property subsequent to the date of loss alleged in the Complaint. 25. Receipts, invoices, and/or payments for any repairs to the home, if any, prior to the date of loss alleged in the Complaint. 26. Any leases entered into for the last 5 years regarding the subject property. 27. Any contracts entered into with any realtors for the sale of the subject property in the last 5 years. 28. Any documents evidencing any maintenance, repairs or renovations to the area where the alleged loss occurred in the last five (5) years. 29. Any documents evidencing payment for maintenance, repairs or renovations to the area where the loss occurred in the last five (5) years. Page 6 of 7 Case No. 2021-CA-000008 A30. Any and all documents supporting the facts of the loss as reported to SECURITY FIRST INSURANCE COMPANY, including but not limited to the cause of the loss, the date of the loss, and the damages resulting from the subject loss. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E-Mail this 9th day of July 2021 to the following: Your Insurance Attorney, PLLC. Artistides “Kico” Diaz, Esq. 2601 South Bayshore Drive 18" Floor Coconut Grove, FL 33133 at: Email: YIA13@Yourinsuranceattorney.com Secondary Email: Eservice@Y ourinsuranceattorney.com SCHAROME R. WOLFE P.A. d/b/a MY LEGAL WOLFE 7380 Sand Lake Road, Suite 500 Orlando, FL 32819 (407) 363-7085 / (407) 250-8946 Fax Primary: Pleadings@mylegalwolfe.com Secondary: swolfe@mylegalwolfe.com BY:__/s/ Scharome Wolfe SCHAROME R. WOLFE, ESQ. Florida Bar No. 672947 Page 7 of 7 Case No. 2021-CA-000008 A