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  • ROBERTS, BERKLEY vs. TOWER HILL PRIME INSURANCE COMPANYInsurance Claim document preview
  • ROBERTS, BERKLEY vs. TOWER HILL PRIME INSURANCE COMPANYInsurance Claim document preview
  • ROBERTS, BERKLEY vs. TOWER HILL PRIME INSURANCE COMPANYInsurance Claim document preview
  • ROBERTS, BERKLEY vs. TOWER HILL PRIME INSURANCE COMPANYInsurance Claim document preview
  • ROBERTS, BERKLEY vs. TOWER HILL PRIME INSURANCE COMPANYInsurance Claim document preview
  • ROBERTS, BERKLEY vs. TOWER HILL PRIME INSURANCE COMPANYInsurance Claim document preview
  • ROBERTS, BERKLEY vs. TOWER HILL PRIME INSURANCE COMPANYInsurance Claim document preview
  • ROBERTS, BERKLEY vs. TOWER HILL PRIME INSURANCE COMPANYInsurance Claim document preview
						
                                

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Filing # 119570092 E-Filed 01/13/2021 03:00:00 PM THP-33972 /:SDM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 20-CA-001073 BERKLEY ROBERTS AND DENISE ROBERTS, Plaintiffs, vs. TOWER HILL PRIME INSURANCE COMPANY, Defendant. / NOTICE OF PRODUCTION FROM NONPARTY YOU ARE NOTIFIED that after ten (10) days from the date of service of this notice, if service is by delivery, or fifteen (15) days from the date of service, if service is by mail, and if no objection is received from any party, the undersigned will issue or apply to the clerk of this court for issuance of the attached subpoena directed to RECORDS CUSTODIAN, AMERICAN BUILDING CONTRACTORS, INC., who is not a party and whose address is 1004 Collier Center Way, Suite 106, Naples, Florida 34110, to produce the items listed at the time and place specified in the subpoena.CERTIFICATE OF SERVICE Case No.: 20-CA-001073 Page 2 WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic Mail, to all counsel of record on the attached Service List, this 13" day of January, 2021. LUKS, SANTANIELLO, PETRILLO & COHEN Attomeys for Defendant 110 SE 6" Street, 20" Floor Fort Lauderdale, FL 33431 Telephone: (954) 761-9900 Facsimile: (954) 761-9940 Shaun J. MArker, Esq. MERLIN LAW GROUP, P.A. 222 Lakeview Avenue, Suite 1250 West Palm Beach, FL 33401 smarker@merlinlawgroup.com rgregory@merlinlawgroup.com dmyskowski@merlinlawgroup.com ksantangelo@merlinlawgroup.com By:_/s/ Brittany L. Ehrenman William J. Peterfriend Florida Bar No.: 544647 Brittany L. Ehrenman Florida Bar No.: 1010954 LUKSFLL-Pleadings@LS-Law.com SERVICE LISTTHP-33972 /:SDM IN THE CIRCUIT COURT FOR THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 20-CA-001073 BERKLEY ROBERTS AND DENISE ROBERTS, Plaintiff(s), vs. TOWER HILL PRIME INSURANCE COMPANY, Defendant. / SUBPOENA DUCES TECUM WITHOUT DEPOSITION DOCUMENTS MAY BE MAILED THE STATE OF FLORIDA: TO: Records Custodian AMERICAN BUILDING CONTRACTORS, INC, 1004 Collier Center Way, Suite 106 Naples, FL 34110 Certified Mail Number: YOU ARE COMMANDED to appear at the offices of LUKS, SANTANIELLO, PETRILLO & COHEN located at 110 SE 6th Street, 20th Floor, Fort Lauderdale, FL 33301, by January 4, 2021, at 10:00 a.m. and produce the following: [Documents may be produced in lieu of appearance]CASE NO.; 20-CA-001073 Page 4 ALL ITEMS ENUMERATED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. Tf you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED on this __ day of December, 2020. For the Court Brittany L. Ehrenman, Esq. Fla. Bar No. 1010954 BEhrenman@insurancedefense.net LUKS, SANTANIELLO, PETRILLO & COHEN Attomeys for Defendant 110 SE 6TH STREET 20TH FLOOR FORT LAUDERDALE, FL 33301 Telephone: (954) 761-9900 Facsimile: (954) 761-9940CASE NO.; 20-CA-001073 Page 5 SCHEDULE A The term "documents" means and includes, without limitation, all writings of any kind, including the originals and all non-identical copies or drafts, whether printed, recorded, stored, or reproduced by any mechanical or electronic process or written or produced by hand, including computer tapes (and backup tapes), whether different from the original by reason of any notation made on such copy or draft or otherwise including, without limitation, correspondence, memoranda, notes, diaries, statistics, letters, e-mail, electronic computer files, telegrams, minutes, contracts, reports, accident reports, incident reports, studies, calculations, computations, surveys, checks, statements, receipts, returns, summaries, pamphlets, books, prospectuses, circulars, trade letters, advertisements, interoffice communications, offers, notations of any sort of conversation(s), telephone calls, meetings or other communications, bulletins, printed matter, computer print-outs, teletypes, facsimiles, invoices, work sheets and all drafts, alterations, modifications, changes, and amendments of any of the foregoing, graphic or aural writs, records or representations of any kind including, without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures; and electronic, mechanical or electric records or representations of any kind including, without limitation, tapes, cassettes and disc recordings, and writings and printed material of every kind, whether or not the document is out of your possession, custody or control. The term "correspondence" means any tangible object that conveys information or memorializes information that was conveyed in tangible or oral form including, but not limited to, writings, letters, memoranda, electronic mail (otherwise known as “e-mail”), facsimiles, reports, notes, telegrams and interoffice communication. The terms “insureds” refers to Berkley and Denise Roberts. The term “Plaintiff” refers to the Plaintiff named in the above-captioned lawsuit. The term “property” refers to the property located at 14266 Silver Lakes Circle, Port Charlotte, Florida 33953. DOCUM! REQUESTED 1. The Curriculum Vitae (CV) for the individual(s) from American Building Contractors, Inc., who inspected the property, engaged in communications with the insured, and prepared any invoices or repair estimates pertaining to the property. 2. All professional licenses for American Building Contractors, Inc.. 3. Your entire file, cover-to-cover, pertaining to the property located at 14266 Silver Lakes Circle, Port Charlotte, Florida 33953, Charlotte County, Florida including but not limited to: a. Any and all contracts, agreements, amendments, addendums with the insureds and/or Plaintiff;CASE NO.; 20-CA-001073 Page 6 . Any and all correspondence, e-mail correspondence, and facsimile to the insureds and/or the Plaintiff from you, American Building Contractors, Inc.; Any and all correspondence from the insureds and/or Plaintiff to American Building Contractors, Inc.; . Any and all correspondence, e-mail correspondence, and facsimile sent to and/or from American Building Contractors, Inc., on behalf of the insureds and/or Plaintiff to third parties; Any and all documents relating to the appraisal of the property; Any and all inspections, estimates, or reports; Any and all inspections, estimates, or reports provided by Plaintiff and/or anyone on its behalf; . Any and all invoices, receipts, and copies of payments for repairs made to the insureds’ property; Any and all certificates or notices of completion verifying repairs made to the insureds’ property; Any and all memoranda, reports, logs, notes, calendar entries, or other documents evidencing communications with the insureds and/or Plaintiff or on behalf of the insureds and/or Plaintiff; . Any and all measurements, samples, worksheets, and diagrams; Any and all Notices of Commencement; . Any and all applications for building permits; . Any and all documents evidencing out-of-pocket expenses for the repair or replacement of damaged property; and . Any and all photographs and/or videographs (please provide color photographs and advise undersigned counsel if there is a cost to reproduce the photographs).CASE NO.: 20-CA-001073 Page 7 4. Any and all documents evidencing software used to price or value estimates for this claim. 5. Any and all documents evidencing how you calculated or valued estimates for damages for this claim.