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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.