Preview
Filing # 74049074 E-Filed 06/25/2018 02:47:52 PM
DESWIN HAMILTON,
Plaintiff,
v.
IN THE CIRCUIT COURT OF THE 177
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: CACE-18-001336 DIV: 25
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM
(Please Advise if Interpreter is Required)
PLEASE TAKE NOTICE that the undersigned attorney will take the following
video deposition:
NAME
DATE AND TIME
PLACE
NANDOR PETLYANSKI
EAST COAST CLAIM
CONSULTANT GROUP,
INC.
TUESDAY, AUGUST 14,
2018 AT 11:00 A.M.
CHEPENIK TRUSHIN LLP
12550 BISCAYNE BLVD
SUITE 805
MIAMI, FL 33181
305.981.8889
upon oral examination before U S Legal Support, Inc., Court Reporter, Videographer,
and Notary Public or any other notary public or officer authorized by law to take
depositions in the State of Florida. The oral examination will continue from 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 Civil Procedure.
1
CHEPENIK | TRUSHIN LLP
12550 Biscayne Boulevard, Suite 805 ¢ Miami, Florida 33181 * Tel 305.981.8889 ¢ eFax 305.405.7979
www.ctllp.com
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 6/25/2018 2:47:52 PM.****CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent via
e-mail this 25th day of June, 2018, to: John S. Bernstein, Esq., at service@bpinjury.com,
Bernstein | Polsky, 915 Middle River Dr., Suite 313, Fort Lauderdale, Florida 33304.
CHEPENIK TRUSHIN LLP
Attorneys for Defendant
12550 Biscayne Blvd., Suite 805
North Miami, FL 33181
Tele: (305) 981-8889
Fax: (305) 405-7979
/s/ Bryan A. Giribaldo
Bradley H. Trushin, Esq.
Florida Bar No. 816371
Primary e-mail: btrushin@ctllp.com
Secondary e-mail: service@ctllp.com
Bryan A. Giribaldo, Esq.
Florida Bar No.: 115120
Primary e-mail: bgiribaldo@ctllp.com
Secondary e-mail: Imcqueen@ctllp.com
2
CHEPENIK | TRUSHIN LLP
12550 Biscayne Boulevard, Suite 805 + Miami, Florida 33181 « Tel 305.981.8889 « eFax 305.405.7979
www.ctllp.comIN THE CIRCUIT COURT OF THE 177
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: CACE-18-001336 DIV: 25
DESWIN HAMILTON,
Plaintiff,
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
SUBPOENA DUCES TECUM FOR VIDEO DEPOSITION
PLEASE TAKE NOTICE that Defendant, through the undersigned counsel, will
take the deposition, by oral and video examination, of the following person per the
Florida Rules of Civil Procedure, as indicated below before an associate or deputy court
reporter who is not of counsel to the parties or interested in the events of this cause.
THE STATE OF FLORIDA:
THE STATE OF FLORIDA:
TO: Nandor Petlyanski
East Coast Claim Consultant Group, Inc.
c/o Registered Agent, Cherry Y Cueva
18460 NE 21 St Pl
NORTH MIAMI BEACH, FL 33179
YOU ARE HEREBY COMMANDED (1) to appear before a person authorized by
law to take depositions at: CHEPENIK TRUSHIN LLP, 12550 BISCAYNE BLVD, SUITE
805, MIAMI, FL 33181, on TUESDAY, AUGUST 14, 2018 AT 11:00 A.M., for the
taking of your deposition in the above-styled matter; and (2) to have with you at the time
and place of your deposition documents responsive to the requests in Schedule “A”.
CHEPENIK | Tee LLP
12550 Biscayne Boulevard, Suite 805 « Miami, Florida 33181 « Tel 305.981.8889 ¢ eFax 305.405.7979
www.ctllp.com. You are directed to produce for inspection and copying at the time of deposition the
documents called for in the attached Schedule “A” (and as to any documents over
which a claim of privilege is asserted, a privilege log per Florida Rule of Civil
Procedure 1.280(b)(6)).
. The deposition is being taken for the purpose of discovery, for use at trial, or for such
other purposes as are permitted under the Florida Rules of Civil Procedure. The
deposition will continue from day to day until completed.
. In an effort to expedite the deposition, Defendant’s counsel requests that the
documents responsive to Schedule “A” be produced at least five (5) days before the
date of the deposition, to allow the parties to conduct the deposition quickly and
efficiently. This will eliminate the need for Defendant’s counsel having to review the
documents for the first time at the deposition with the deponent.
. Further, to the extent any privilege or confidentiality is claimed to apply to the
requested documents, You are directed to bring such responsive documents to the
deposition as to allow You to fully answer all of counsel’s questioning. However, a
privilege log, as contemplated under Florida Rule of Civil Procedure 1.280(b)(6) may
be produced prior to and at the deposition in lieu of the actual documents over which
such claim is asserted. Any such privileged documents are nonetheless requested
to be available at the deposition for You to review during the deposition in order to
fully answer all questions. Such review will not be deemed a waiver of any claimed
privilege.
. You are to bring the originals, not copies, of each and every document or thing which
has ever been in Your possession responsive to Schedule “A” for inspection and
copying. It is the intent of this subpoena that each and every document and thing
in Your care, custody, or control, or available to You, no matter how insignificant the
2
CHEPENIK | TRUSHIN LLP
12550 Biscayne Boulevard, Suite 805 « Miami, Florida 33181 « Tel 305.981.8889 ¢ eFax 305.405.7979
www.ctllp.comitem might appear to the party to whom this subpoena is directed, be produced. This
subpoena encompasses all documents and things, regardless of how old, including
anything stored on microfilm/micro-fiche, computer files or other electronic
storage, or anything kept at another location.
6. If You (1) fail to appear as specified; (2) fail to furnish the records, documents, and/or
items requested herein; or (3) fail to object to this Subpoena, You may be found to
be in contempt of Court. You are subpoenaed 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: June 25th, 2018.
CHEPENIK TRUSHIN LLP
Attorneys for Defendant
12550 Biscayne Blvd., Suite 805
North Miami, FL 33181
Tele: (305) 981-8889
Fax: (305) 405-7979
/s/ Bryan A. Giribaldo
Bradley H. Trushin, Esq.
Florida Bar No. 816371
Primary e-mail: btrushin@ctllp.com
Secondary e-mail: serviceWctllp.com
Bryan A. Giribaldo, Esq.
Florida Bar No.: 115120
Primary e-mail: bgiribaldo@ctllp.com
Secondary e-mail: Imcqueen@ctllp.com
3
CHEPENIK | TRUSHIN LLP
12550 Biscayne Boulevard, Suite 805 ¢ Miami, Florida 33181 « Tel 305.981.8889 « eFax 305.405.7979
www.ctllp.comSchedule “A”
If any responsive documents are not produced pursuant to a claim of privilege, please
provide a privilege log containing the information required by Florida Rule of Civil
Procedure 1.280(b)(6).
1.
Any and all documentation and electronic records in Your possession relating to
services provided by You and/or East Coast Claim Consultant Group, Inc. (“ECCCG”)
with regard to the property located at 4220 SW 25% Street West Park, FL 33023 (the
“Property”) between August 1, 2017 and the present, including, but not limited to,
photographs, reports, estimates, invoices, time-sheets, notes, letters, and/or e-
mails, in native format.
Any and all documentation in Your and/or ECCCG’s possession related to the
Property, including but not limited to documents relating to repairs to the Property,
modifications of the Property, and damages to the Property.
Any draft version of any document, including electronic records, relating to services
provided by You and/or ECCCG with regard to the Property between August 1, 2017,
and the present, including, but not limited to, drafts of any photographs, reports,
estimates, invoices, time-sheets, notes, letters, and/or e-mails, in native format.
Any and all documentation and electronic records in Your and/or ECCCG’s
possession relating to the property loss which was assigned claim number 001-00-
097145, including, but not limited to, photographs, reports, estimates, invoices,
time-sheets, notes, letters, and/or e-mails, in native format.
. Any and all documentation and electronic records in Your and/or ECCCG’s
possession relating to any other loss that occurred at the Property in the two years
preceding August 1, 2017, including, but not limited to, photographs, reports,
estimates, invoices, time-sheets, notes, letters, and/or e-mails, in native format.
Any and all documentation and electronic records in your possession relating to
services provided by You and/or ECCCG with regard to any other loss and/or
insurance claim filed by Deswin Hamilton, including, but not limited to,
photographs, reports, estimates, invoices, time-sheets, notes, letters, and/or e-
mails, in native format.
. Any and all written communications, including e-mails, letters, and text messages,
between You and Deswin Hamilton that relate to the Property, and/or that relate to
the loss alleged to have occurred at that Property in August 1, 2017, and/or that
relate to the services provided by You at the Property, in native format.
4
CHEPENIK | TRUSHIN LLP
12550 Biscayne Boulevard, Suite 805 ¢ Miami, Florida 33181 « Tel 305.981.8889 « eFax 305.405.7979
www.ctllp.com8.
9.
Any and all written communications, including e-mails, letters, and text messages,
between You and any third party that relate to the Property, and/or that relate to
the loss alleged to have occurred at that Property in August 1, 2017, and/or that
relate to the services provided by You at the Property, in native format.
Any and all documentation of communications, written or oral, between You and
Deswin Hamilton that relate to the Property, and/or that relate to the loss alleged to
have occurred at that Property in August 1, 2017, and/or that relate to the services
provided by You at the Property, in native format, including, but not limited to,
memoranda, notes, and/or other written notations.
10.Any and all documentation of communications, written or oral, between You and
11
any third party that relate to the Property, and/or that relate to the loss alleged to
have occurred at that Property in August 1, 2017, and/or that relate to the services
provided by You at the Property, in native format, including, but not limited to,
memoranda, notes, and/or other written notations.
-Any and all written communications, including e-mails, letters, and text messages,
between you and State 2 State Restoration, Inc., including any of its employees
and/or agents, that relate to the Property, and/or that relate to the loss alleged to
have occurred at that Property in August 1, 2017, and/or that relate to the services
provided by You at the Property, in native format.
12.Any and all documentation of communications, written or oral, between you and
State 2 State Restoration, Inc., including any of its employees and/or agents, that
relate to the Property, and/or that relate to the loss alleged to have occurred at that
Property in August 1, 2017, and/or that relate to the services provided by You at the
Property, in native format.
5
CHEPENIK | TRUSHIN LLP
12550 Biscayne Boulevard, Suite 805 ¢ Miami, Florida 33181 « Tel 305.981.8889 « eFax 305.405.7979
www.ctllp.com
Preview
Filing # 74049074 E-Filed 06/25/2018 02:47:52 PM DESWIN HAMILTON, Plaintiff, v. IN THE CIRCUIT COURT OF THE 177 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: CACE-18-001336 DIV: 25 CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM (Please Advise if Interpreter is Required) PLEASE TAKE NOTICE that the undersigned attorney will take the following video deposition: NAME DATE AND TIME PLACE NANDOR PETLYANSKI EAST COAST CLAIM CONSULTANT GROUP, INC. TUESDAY, AUGUST 14, 2018 AT 11:00 A.M. CHEPENIK TRUSHIN LLP 12550 BISCAYNE BLVD SUITE 805 MIAMI, FL 33181 305.981.8889 upon oral examination before U S Legal Support, Inc., Court Reporter, Videographer, and Notary Public or any other notary public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from 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 Civil Procedure. 1 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 ¢ Miami, Florida 33181 * Tel 305.981.8889 ¢ eFax 305.405.7979 www.ctllp.com *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 6/25/2018 2:47:52 PM.****CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent via e-mail this 25th day of June, 2018, to: John S. Bernstein, Esq., at service@bpinjury.com, Bernstein | Polsky, 915 Middle River Dr., Suite 313, Fort Lauderdale, Florida 33304. CHEPENIK TRUSHIN LLP Attorneys for Defendant 12550 Biscayne Blvd., Suite 805 North Miami, FL 33181 Tele: (305) 981-8889 Fax: (305) 405-7979 /s/ Bryan A. Giribaldo Bradley H. Trushin, Esq. Florida Bar No. 816371 Primary e-mail: btrushin@ctllp.com Secondary e-mail: service@ctllp.com Bryan A. Giribaldo, Esq. Florida Bar No.: 115120 Primary e-mail: bgiribaldo@ctllp.com Secondary e-mail: Imcqueen@ctllp.com 2 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 + Miami, Florida 33181 « Tel 305.981.8889 « eFax 305.405.7979 www.ctllp.comIN THE CIRCUIT COURT OF THE 177 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: CACE-18-001336 DIV: 25 DESWIN HAMILTON, Plaintiff, v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / SUBPOENA DUCES TECUM FOR VIDEO DEPOSITION PLEASE TAKE NOTICE that Defendant, through the undersigned counsel, will take the deposition, by oral and video examination, of the following person per the Florida Rules of Civil Procedure, as indicated below before an associate or deputy court reporter who is not of counsel to the parties or interested in the events of this cause. THE STATE OF FLORIDA: THE STATE OF FLORIDA: TO: Nandor Petlyanski East Coast Claim Consultant Group, Inc. c/o Registered Agent, Cherry Y Cueva 18460 NE 21 St Pl NORTH MIAMI BEACH, FL 33179 YOU ARE HEREBY COMMANDED (1) to appear before a person authorized by law to take depositions at: CHEPENIK TRUSHIN LLP, 12550 BISCAYNE BLVD, SUITE 805, MIAMI, FL 33181, on TUESDAY, AUGUST 14, 2018 AT 11:00 A.M., for the taking of your deposition in the above-styled matter; and (2) to have with you at the time and place of your deposition documents responsive to the requests in Schedule “A”. CHEPENIK | Tee LLP 12550 Biscayne Boulevard, Suite 805 « Miami, Florida 33181 « Tel 305.981.8889 ¢ eFax 305.405.7979 www.ctllp.com. You are directed to produce for inspection and copying at the time of deposition the documents called for in the attached Schedule “A” (and as to any documents over which a claim of privilege is asserted, a privilege log per Florida Rule of Civil Procedure 1.280(b)(6)). . The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The deposition will continue from day to day until completed. . In an effort to expedite the deposition, Defendant’s counsel requests that the documents responsive to Schedule “A” be produced at least five (5) days before the date of the deposition, to allow the parties to conduct the deposition quickly and efficiently. This will eliminate the need for Defendant’s counsel having to review the documents for the first time at the deposition with the deponent. . Further, to the extent any privilege or confidentiality is claimed to apply to the requested documents, You are directed to bring such responsive documents to the deposition as to allow You to fully answer all of counsel’s questioning. However, a privilege log, as contemplated under Florida Rule of Civil Procedure 1.280(b)(6) may be produced prior to and at the deposition in lieu of the actual documents over which such claim is asserted. Any such privileged documents are nonetheless requested to be available at the deposition for You to review during the deposition in order to fully answer all questions. Such review will not be deemed a waiver of any claimed privilege. . You are to bring the originals, not copies, of each and every document or thing which has ever been in Your possession responsive to Schedule “A” for inspection and copying. It is the intent of this subpoena that each and every document and thing in Your care, custody, or control, or available to You, no matter how insignificant the 2 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 « Miami, Florida 33181 « Tel 305.981.8889 ¢ eFax 305.405.7979 www.ctllp.comitem might appear to the party to whom this subpoena is directed, be produced. This subpoena encompasses all documents and things, regardless of how old, including anything stored on microfilm/micro-fiche, computer files or other electronic storage, or anything kept at another location. 6. If You (1) fail to appear as specified; (2) fail to furnish the records, documents, and/or items requested herein; or (3) fail to object to this Subpoena, You may be found to be in contempt of Court. You are subpoenaed 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: June 25th, 2018. CHEPENIK TRUSHIN LLP Attorneys for Defendant 12550 Biscayne Blvd., Suite 805 North Miami, FL 33181 Tele: (305) 981-8889 Fax: (305) 405-7979 /s/ Bryan A. Giribaldo Bradley H. Trushin, Esq. Florida Bar No. 816371 Primary e-mail: btrushin@ctllp.com Secondary e-mail: serviceWctllp.com Bryan A. Giribaldo, Esq. Florida Bar No.: 115120 Primary e-mail: bgiribaldo@ctllp.com Secondary e-mail: Imcqueen@ctllp.com 3 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 ¢ Miami, Florida 33181 « Tel 305.981.8889 « eFax 305.405.7979 www.ctllp.comSchedule “A” If any responsive documents are not produced pursuant to a claim of privilege, please provide a privilege log containing the information required by Florida Rule of Civil Procedure 1.280(b)(6). 1. Any and all documentation and electronic records in Your possession relating to services provided by You and/or East Coast Claim Consultant Group, Inc. (“ECCCG”) with regard to the property located at 4220 SW 25% Street West Park, FL 33023 (the “Property”) between August 1, 2017 and the present, including, but not limited to, photographs, reports, estimates, invoices, time-sheets, notes, letters, and/or e- mails, in native format. Any and all documentation in Your and/or ECCCG’s possession related to the Property, including but not limited to documents relating to repairs to the Property, modifications of the Property, and damages to the Property. Any draft version of any document, including electronic records, relating to services provided by You and/or ECCCG with regard to the Property between August 1, 2017, and the present, including, but not limited to, drafts of any photographs, reports, estimates, invoices, time-sheets, notes, letters, and/or e-mails, in native format. Any and all documentation and electronic records in Your and/or ECCCG’s possession relating to the property loss which was assigned claim number 001-00- 097145, including, but not limited to, photographs, reports, estimates, invoices, time-sheets, notes, letters, and/or e-mails, in native format. . Any and all documentation and electronic records in Your and/or ECCCG’s possession relating to any other loss that occurred at the Property in the two years preceding August 1, 2017, including, but not limited to, photographs, reports, estimates, invoices, time-sheets, notes, letters, and/or e-mails, in native format. Any and all documentation and electronic records in your possession relating to services provided by You and/or ECCCG with regard to any other loss and/or insurance claim filed by Deswin Hamilton, including, but not limited to, photographs, reports, estimates, invoices, time-sheets, notes, letters, and/or e- mails, in native format. . Any and all written communications, including e-mails, letters, and text messages, between You and Deswin Hamilton that relate to the Property, and/or that relate to the loss alleged to have occurred at that Property in August 1, 2017, and/or that relate to the services provided by You at the Property, in native format. 4 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 ¢ Miami, Florida 33181 « Tel 305.981.8889 « eFax 305.405.7979 www.ctllp.com8. 9. Any and all written communications, including e-mails, letters, and text messages, between You and any third party that relate to the Property, and/or that relate to the loss alleged to have occurred at that Property in August 1, 2017, and/or that relate to the services provided by You at the Property, in native format. Any and all documentation of communications, written or oral, between You and Deswin Hamilton that relate to the Property, and/or that relate to the loss alleged to have occurred at that Property in August 1, 2017, and/or that relate to the services provided by You at the Property, in native format, including, but not limited to, memoranda, notes, and/or other written notations. 10.Any and all documentation of communications, written or oral, between You and 11 any third party that relate to the Property, and/or that relate to the loss alleged to have occurred at that Property in August 1, 2017, and/or that relate to the services provided by You at the Property, in native format, including, but not limited to, memoranda, notes, and/or other written notations. -Any and all written communications, including e-mails, letters, and text messages, between you and State 2 State Restoration, Inc., including any of its employees and/or agents, that relate to the Property, and/or that relate to the loss alleged to have occurred at that Property in August 1, 2017, and/or that relate to the services provided by You at the Property, in native format. 12.Any and all documentation of communications, written or oral, between you and State 2 State Restoration, Inc., including any of its employees and/or agents, that relate to the Property, and/or that relate to the loss alleged to have occurred at that Property in August 1, 2017, and/or that relate to the services provided by You at the Property, in native format. 5 CHEPENIK | TRUSHIN LLP 12550 Biscayne Boulevard, Suite 805 ¢ Miami, Florida 33181 « Tel 305.981.8889 « eFax 305.405.7979 www.ctllp.com