On April 05, 2021 a
Party Discovery
was filed
involving a dispute between
Munoz, Jose O.,
and
B & D Towing & Recovery Inc.,
Pottorff, James David,
for Civil
in the District Court of Hillsborough County.
Preview
Filing # 124305398 E-Filed 04/05/2021 12:08:32 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
JOSE O. MUNOZ,
Plaintiff, CASE NO.:
vs. DIVISION:
B & D TOWING & RECOVERY INC.
AND JAMES DAVID POTTORFF,
Defendants.
__________________________________/
FIRST REQUEST TO PRODUCE
COMES NOW the Plaintiff, by and through his/her undersigned attorney, and hereby
serves this Request to Produce upon the Defendant in this matter; a response to which is due
within forty-five (45) days:
1. Defendant(s) is/are requested to produce a copy of any and all statements (as
defined in the Rules of Civil Procedure) concerning this action or the subject matter of this action
previously made by the Plaintiff, JOSE O. MUNOZ.
2. Defendant(s) is/are requested to produce a copy of any and all policies of
liability/underinsured motorist insurance providing coverage for claims arising out of the
incident described in the Complaint, or, copies of any and all policies of insurance which
allegedly provide liability insurance coverage for the incident described in the Complaint.
3. Defendant(s) is/are requested to produce a copy of any and all policies of
insurance of any kind or nature which would provide benefits to the Plaintiff by reason of the
incident described in the Complaint.
4. Defendant(s) is/are requested to produce copies of any and all photographs taken
at the scene of the incident described in the Complaint which do or might reveal marks, damage
or conditions which no longer exist at said scene or which probably no longer exist at said scene
on the date of the filing of this request.
5. Defendant(s) is/are requested to produce copies of any accident reports pertaining
to the accident which forms the basis of this lawsuit.
6. Defendant(s) is/are requested to produce any photographs of the Plaintiff’s
vehicle showing any marks or damage on said vehicle which were the result of the incident
described in the Complaint.
4/5/2021 12:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
7. Defendant(s) is/are requested to produce any written document, repair estimate or
report of examination describing in anyway the nature and extent of the damage to Plaintiff’s
vehicle which occurred as a result of the incident described in the Complaint or any such
documents reflecting conditions of the Plaintiff’s vehicle immediately prior to the incident
described in the Complaint which said conditions have subsequently been repaired or corrected
or no longer exist.
8. Defendant(s) is/are requested to produce any written document, repair estimate or
report of examination describing in anyway the nature and extent of the damage to Defendant’s
vehicle which occurred as a result of the incident described in the Complaint or any such
documents reflecting conditions of the Defendant’s vehicle immediately prior to the incident
described in the Complaint which said conditions have subsequently been repaired or corrected
or no longer exist.
9. Defendant(s) is/are requested to produce any and all surveillance tapes,
recordings, reports, or photographs/footage depicting the Plaintiff.
10. Defendant(s) is/are requested to produce any medical records, insurance records
or any other document relating to any medical treatment obtained by Plaintiff either prior to or
subsequent to the accident which forms the basis of this lawsuit.
11. Defendant(s) is/are requested to produce any written or recorded statements
obtained from any other witness to this accident which forms the basis of this lawsuit in
Defendant’s possession.
12. Defendant(s) is/are requested to produce any reports generated by any Medical
expert hired by Defendant(s) to conduct any review of Plaintiff’s medical history.
13. Defendant(s) is/are requested to produce any reports generated by any other
expert hired by Defendant(s) to conduct any review of the collision, accident history, or medical
condition of the Plaintiff.
14. Defendant(s) is/are requested to produce any impeachment materials relating to
any of Plaintiff’s medical providers.
15. Defendant(s) is/are requested to produce any photographs of the Defendant’s
vehicle showing any marks or damage on said vehicle which were the result of the incident
described in the Complaint.
16. Defendant(s) is/are requested to produce any and all documents relating to any
and all of Defendant’s cellular and/or mobile telephones and/or mobile devices that were in
service at that date and time of the subject accident, including, but not limited to, itemized call
detail and billing statements.
17. Defendant(s) is/are requested to produce a copy of Defendant’s Driver’s License.
4/5/2021 12:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
18. Defendant(s) is/are requested to produce copies of any medications, whether
prescription or over-the-counter, which Defendant was taking the week of the accident which
forms the basis of this lawsuit.
19. Defendant(s) is/are requested to produce all medical records of any medical
provider with whom Defendant sought treatment following the motor vehicle accident which
forms the basis of this lawsuit.
20. Defendant(s) is/are requested to produce any PIP application submitted by
Defendant to his auto insurance carrier as a result of and/or related to the accident which forms
the basis of this lawsuit.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via service of process upon the above-named Defendants.
Dated: April 5, 2021 RICHARD M. ROCHA, P.A.
/s/ Richard M. Rocha
RICHARD M. ROCHA, ESQUIRE
1211 N. Westshore Blvd., Ste. 511
Tampa, FL 33607
Telephone: (813) 871-6611
FAX: (813) 873-7641
Florida Bar No.: 280305
Email: rrocha@richardmrochapa.com
Attorney for Plaintiff
4/5/2021 12:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
Document Filed Date
April 05, 2021
Case Filing Date
April 05, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 124305398 E-Filed 04/05/2021 12:08:32 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION JOSE O. MUNOZ, Plaintiff, CASE NO.: vs. DIVISION: B & D TOWING & RECOVERY INC. AND JAMES DAVID POTTORFF, Defendants. __________________________________/ FIRST REQUEST TO PRODUCE COMES NOW the Plaintiff, by and through his/her undersigned attorney, and hereby serves this Request to Produce upon the Defendant in this matter; a response to which is due within forty-five (45) days: 1. Defendant(s) is/are requested to produce a copy of any and all statements (as defined in the Rules of Civil Procedure) concerning this action or the subject matter of this action previously made by the Plaintiff, JOSE O. MUNOZ. 2. Defendant(s) is/are requested to produce a copy of any and all policies of liability/underinsured motorist insurance providing coverage for claims arising out of the incident described in the Complaint, or, copies of any and all policies of insurance which allegedly provide liability insurance coverage for the incident described in the Complaint. 3. Defendant(s) is/are requested to produce a copy of any and all policies of insurance of any kind or nature which would provide benefits to the Plaintiff by reason of the incident described in the Complaint. 4. Defendant(s) is/are requested to produce copies of any and all photographs taken at the scene of the incident described in the Complaint which do or might reveal marks, damage or conditions which no longer exist at said scene or which probably no longer exist at said scene on the date of the filing of this request. 5. Defendant(s) is/are requested to produce copies of any accident reports pertaining to the accident which forms the basis of this lawsuit. 6. Defendant(s) is/are requested to produce any photographs of the Plaintiff’s vehicle showing any marks or damage on said vehicle which were the result of the incident described in the Complaint. 4/5/2021 12:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 7. Defendant(s) is/are requested to produce any written document, repair estimate or report of examination describing in anyway the nature and extent of the damage to Plaintiff’s vehicle which occurred as a result of the incident described in the Complaint or any such documents reflecting conditions of the Plaintiff’s vehicle immediately prior to the incident described in the Complaint which said conditions have subsequently been repaired or corrected or no longer exist. 8. Defendant(s) is/are requested to produce any written document, repair estimate or report of examination describing in anyway the nature and extent of the damage to Defendant’s vehicle which occurred as a result of the incident described in the Complaint or any such documents reflecting conditions of the Defendant’s vehicle immediately prior to the incident described in the Complaint which said conditions have subsequently been repaired or corrected or no longer exist. 9. Defendant(s) is/are requested to produce any and all surveillance tapes, recordings, reports, or photographs/footage depicting the Plaintiff. 10. Defendant(s) is/are requested to produce any medical records, insurance records or any other document relating to any medical treatment obtained by Plaintiff either prior to or subsequent to the accident which forms the basis of this lawsuit. 11. Defendant(s) is/are requested to produce any written or recorded statements obtained from any other witness to this accident which forms the basis of this lawsuit in Defendant’s possession. 12. Defendant(s) is/are requested to produce any reports generated by any Medical expert hired by Defendant(s) to conduct any review of Plaintiff’s medical history. 13. Defendant(s) is/are requested to produce any reports generated by any other expert hired by Defendant(s) to conduct any review of the collision, accident history, or medical condition of the Plaintiff. 14. Defendant(s) is/are requested to produce any impeachment materials relating to any of Plaintiff’s medical providers. 15. Defendant(s) is/are requested to produce any photographs of the Defendant’s vehicle showing any marks or damage on said vehicle which were the result of the incident described in the Complaint. 16. Defendant(s) is/are requested to produce any and all documents relating to any and all of Defendant’s cellular and/or mobile telephones and/or mobile devices that were in service at that date and time of the subject accident, including, but not limited to, itemized call detail and billing statements. 17. Defendant(s) is/are requested to produce a copy of Defendant’s Driver’s License. 4/5/2021 12:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 18. Defendant(s) is/are requested to produce copies of any medications, whether prescription or over-the-counter, which Defendant was taking the week of the accident which forms the basis of this lawsuit. 19. Defendant(s) is/are requested to produce all medical records of any medical provider with whom Defendant sought treatment following the motor vehicle accident which forms the basis of this lawsuit. 20. Defendant(s) is/are requested to produce any PIP application submitted by Defendant to his auto insurance carrier as a result of and/or related to the accident which forms the basis of this lawsuit. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via service of process upon the above-named Defendants. Dated: April 5, 2021 RICHARD M. ROCHA, P.A. /s/ Richard M. Rocha RICHARD M. ROCHA, ESQUIRE 1211 N. Westshore Blvd., Ste. 511 Tampa, FL 33607 Telephone: (813) 871-6611 FAX: (813) 873-7641 Florida Bar No.: 280305 Email: rrocha@richardmrochapa.com Attorney for Plaintiff 4/5/2021 12:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3