Preview
35-2021-CA-001594-AXXX-XX
Filing # 134691991 E-Filed 09/15/2021 05:16:08 PM
IN THE CIRCUIT COURT OFTHE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
JOSEPH MATELLA, CASE NO:
Plaintiff,
vs.
ROBERT DUNN, CYNTHIA
WILLCOX and STATE FARM
MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendants.
/
PLAINTIFF REQUEST FOR PRODUCTION
COMES NOW the Plaintiff, JOSEPH MATELLA, by and through the undersigned counsel and
hereby requests that Defendant, CYNTHIA WILLCOX, produce for inspection or copying the
documents set forth below. Defendant shall produce these documents at P.O. Box 4979, Orlando,
Florida 32802 within forty-five (45) days after service of this Request for Production.
I. Definitions
A As used throughout this Request to Produce, the following terms are defined as
follows:
B. "Document" is used in the broad sense and means any tangible object or thing that
contains, conveys, or records information. Production is required of the original, or any copy if the
original is not available, of any book, record, minutes of meetings, reports and/or summaries of
interviews, reports and/or summaries of investigations; opinions or reports of consultants; opinions
of counsel; communications of any nature, including internal company communications,
memoranda, telegrams, telexes, letters, notes of telephone conferences, agreements, reports or
summaries of negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 09/16/2021 02:39:17 PM.
releases, drafts and revisions of drafts of documents, any written, printed, typed or other graphic
matter of any kind or nature, drawings, photographs, paper, communication, chart, tap, disk, card,
wire or other electronic or mechanical recording or transcript or any other instrument or device from
which information can be perceived, in the employees or agents, or known by Plaintiff to exist,
unless otherwise privileged.
Cc. "Document" also includes copies containing information in_addition to that
ontained on the original (such as notations, computations, attachments, etc.), and shall include all
copies of documents by whatever means made and whether or not claimed to be privileged or
otherwise excludable from discovery. To the extent that a request that a request calls for the
production of multiple identical documents or things, only one copy of each such identical
documents or things need be produced. Two copies are not identical if one of the copies has any
information, writing, printing, or other marks not present on the other of the copies.
D If any tape, disk, card, wire, or other electronic or mechanical recording or transcript
or any computer program is produced, such documents as are necessity for the decoding, putting
back, printing out and/or interpretation thereof, and any other documents which are necessity to
convert such information into a useful and necessity to convert such information into a useful and
usable format shall also be produced, in order to make this request under Rule 1.350 meaningful and
genuine.
E "Person" means any natural person, public or private corporation (whether or not
organized for profit), partnership, unincorporated association, governmental agency or body, or
other legal entity.
F "Company" means any business or governmental entity to which this request is
addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in interest, and
predecessors as well as all of its directors, officers, principals, partners, employees, agents,
representatives, attorneys, any other persons working for or on behalf thereof, whether temporary or
permanent, and any "person" in which Plaintiff has acquired an interest.
G "Statement" means (1) any written statement made ny a person and signed or
otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other
recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement
made by that person and recorded contemporaneously with the making of such oral statement.
H. As may be used in these Request "and" is conjunctive (meaning, e.g., A and B); and
is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be withheld, or
limited, because it refers or relates to only one, or to more than one, item in a request.
I As may be used in this Request to Produce, the terms "trademark" and "service
mark" shall be considered interchangeable, and the term "mark" shall be considered to refer to any
trademark, service mark, trade name, or business designation, or any other word, symbol, design,
logo, title, or slogan used to identify the source of origin of products or services. References to
‘products" or "goods" shall be considered to include services.
II. Claim of Privilegs
If any document or statement is withheld from this request under a claim of privilege, then
please furnish a list which identifies each document or statement for which privilege is claimed and
include the following information for each such document:
1 Description sufficient to identify.
2 The date(s).
The subject matter(s).
The sender(s) or author(s).
The recipient(s).
The persons to whom copies were furnished, together with their job titles.
The present depository or person having custody of the document.
The nature and basis of privilege or immunity claimed.
The paragraph(s) of this request to which each such document or statement
relates or corresponds.
Ill. Grouping or Numbering of Items Produced.
Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items submitted
in response to this Request to Produce be organized and labeled according to the individual
paragraphs of the request to which they are responsive, and within each group, arranged in
chronological order.
IV. Place, time, and manner of response.
A response to this Request to Produce is due within forty- five (45) days after service of this
Request to Produce, and shall be made at the offices of Morgan & Morgan, P.A., 20 North Orange
Avenue, Suite 1600, Orlando, Florida 32801 (32802-4979), or at such other place as the parties may
agree. Authentic copies of document may be supplied, provided that existing originals are available
for inspection, examination, and comparison.
DEFENDANT SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS:
All statements made by any occupants of the vehicles involved in the subject incident.
All statements made by any witnesses to the subject accident.
All statements made by the Plaintiff pertaining to or concerning the subject matter.
All photographs of the vehicles involved in the subject accident.
All photographs of the Plaintiff depicting injuries received in the subject accident.
All photographs of the subject accident scene.
Documents relating to or discussing repairs or maintenance to Defendant’s vehicle that were
done for the six (6) months period of time preceding and including the date of the accident
and for the six (6) month period of time following the date of the accident.
The repair bill and estimates for the repairs to any of the vehicles involved in the accident
for damages incurred in the accident.
Any and all policies of liability insurance in effect on the date of the subject accident,
providing coverage to the defendant herein.
10 Appraisals of all property damage sustained by Defendant's vehicle in the subject accident.
ll Appraisals of the property damage sustained by Plaintiff's vehicle in the subject accident.
12. A copy of any and all surveillance films, photos, or depictions taken of the Plaintiff as a
result of the subject accident.
13. A copy of any and all insurance agreements, insurance policies or agreements of any kind or
nature under which any person or company carrying on an insurance business may be liable
to satisfy part or all of a judgment which may be entered in this action or to indemnify or
reimburse any payments made to satisfy any such judgment or settlement, including but not
limited to a certified copy of the declarations sheet as to each such policy.
14 Copies of any and all computer generated documents in the possession of the Defendant or
any agent, servant and/or employee of the Defendant, which pertains or relate, in any
manner or fashion, to and any past claims history of the Plaintiff in this lawsuit.
15. Copies of any and all checks issued by the Defendant or any agent, servant and/or employee
of the Defendant to any other person, firm or company making a claim arising out of the
same accident or incident which is the basis of this lawsuit.
16. A copy of the driver’s license of the driver involved in the subject accident that existed on
the date of the accident as well as the current driver’s license.
17. Any and all documentation reflecting the time and duration of any incoming or outgoing
call, email and text message on the day of July 8, 2020 with regard to Defendant,
ROBERT DUNN’s cellular telephone records.
CERTIFICATE OF SERVICE
HEREBY CERTIFY that on September 15, 2021 a true and correct copy of the foregoing has
been served upon the above-named Defendant, along with the summons and complaint.
Eloisa Pino, Esquire
FBN: 1025065
Morgan & Morgan, P.A.
20 N. Orange Avenue
Suite 1600
Orlando, FL 32801
Telephone: (689) 219-2080
Facsimile: (689) 219-2180
Primary email: epino@forthepeople.com
Secondary email: bearpanzano@forthepeople.com
Attorneys for Plaintiff
Preview
35-2021-CA-001594-AXXX-XX Filing # 134691991 E-Filed 09/15/2021 05:16:08 PM IN THE CIRCUIT COURT OFTHE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA JOSEPH MATELLA, CASE NO: Plaintiff, vs. ROBERT DUNN, CYNTHIA WILLCOX and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants. / PLAINTIFF REQUEST FOR PRODUCTION COMES NOW the Plaintiff, JOSEPH MATELLA, by and through the undersigned counsel and hereby requests that Defendant, CYNTHIA WILLCOX, produce for inspection or copying the documents set forth below. Defendant shall produce these documents at P.O. Box 4979, Orlando, Florida 32802 within forty-five (45) days after service of this Request for Production. I. Definitions A As used throughout this Request to Produce, the following terms are defined as follows: B. "Document" is used in the broad sense and means any tangible object or thing that contains, conveys, or records information. Production is required of the original, or any copy if the original is not available, of any book, record, minutes of meetings, reports and/or summaries of interviews, reports and/or summaries of investigations; opinions or reports of consultants; opinions of counsel; communications of any nature, including internal company communications, memoranda, telegrams, telexes, letters, notes of telephone conferences, agreements, reports or summaries of negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 09/16/2021 02:39:17 PM. releases, drafts and revisions of drafts of documents, any written, printed, typed or other graphic matter of any kind or nature, drawings, photographs, paper, communication, chart, tap, disk, card, wire or other electronic or mechanical recording or transcript or any other instrument or device from which information can be perceived, in the employees or agents, or known by Plaintiff to exist, unless otherwise privileged. Cc. "Document" also includes copies containing information in_addition to that ontained on the original (such as notations, computations, attachments, etc.), and shall include all copies of documents by whatever means made and whether or not claimed to be privileged or otherwise excludable from discovery. To the extent that a request that a request calls for the production of multiple identical documents or things, only one copy of each such identical documents or things need be produced. Two copies are not identical if one of the copies has any information, writing, printing, or other marks not present on the other of the copies. D If any tape, disk, card, wire, or other electronic or mechanical recording or transcript or any computer program is produced, such documents as are necessity for the decoding, putting back, printing out and/or interpretation thereof, and any other documents which are necessity to convert such information into a useful and necessity to convert such information into a useful and usable format shall also be produced, in order to make this request under Rule 1.350 meaningful and genuine. E "Person" means any natural person, public or private corporation (whether or not organized for profit), partnership, unincorporated association, governmental agency or body, or other legal entity. F "Company" means any business or governmental entity to which this request is addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in interest, and predecessors as well as all of its directors, officers, principals, partners, employees, agents, representatives, attorneys, any other persons working for or on behalf thereof, whether temporary or permanent, and any "person" in which Plaintiff has acquired an interest. G "Statement" means (1) any written statement made ny a person and signed or otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by that person and recorded contemporaneously with the making of such oral statement. H. As may be used in these Request "and" is conjunctive (meaning, e.g., A and B); and is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be withheld, or limited, because it refers or relates to only one, or to more than one, item in a request. I As may be used in this Request to Produce, the terms "trademark" and "service mark" shall be considered interchangeable, and the term "mark" shall be considered to refer to any trademark, service mark, trade name, or business designation, or any other word, symbol, design, logo, title, or slogan used to identify the source of origin of products or services. References to ‘products" or "goods" shall be considered to include services. II. Claim of Privilegs If any document or statement is withheld from this request under a claim of privilege, then please furnish a list which identifies each document or statement for which privilege is claimed and include the following information for each such document: 1 Description sufficient to identify. 2 The date(s). The subject matter(s). The sender(s) or author(s). The recipient(s). The persons to whom copies were furnished, together with their job titles. The present depository or person having custody of the document. The nature and basis of privilege or immunity claimed. The paragraph(s) of this request to which each such document or statement relates or corresponds. Ill. Grouping or Numbering of Items Produced. Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items submitted in response to this Request to Produce be organized and labeled according to the individual paragraphs of the request to which they are responsive, and within each group, arranged in chronological order. IV. Place, time, and manner of response. A response to this Request to Produce is due within forty- five (45) days after service of this Request to Produce, and shall be made at the offices of Morgan & Morgan, P.A., 20 North Orange Avenue, Suite 1600, Orlando, Florida 32801 (32802-4979), or at such other place as the parties may agree. Authentic copies of document may be supplied, provided that existing originals are available for inspection, examination, and comparison. DEFENDANT SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS: All statements made by any occupants of the vehicles involved in the subject incident. All statements made by any witnesses to the subject accident. All statements made by the Plaintiff pertaining to or concerning the subject matter. All photographs of the vehicles involved in the subject accident. All photographs of the Plaintiff depicting injuries received in the subject accident. All photographs of the subject accident scene. Documents relating to or discussing repairs or maintenance to Defendant’s vehicle that were done for the six (6) months period of time preceding and including the date of the accident and for the six (6) month period of time following the date of the accident. The repair bill and estimates for the repairs to any of the vehicles involved in the accident for damages incurred in the accident. Any and all policies of liability insurance in effect on the date of the subject accident, providing coverage to the defendant herein. 10 Appraisals of all property damage sustained by Defendant's vehicle in the subject accident. ll Appraisals of the property damage sustained by Plaintiff's vehicle in the subject accident. 12. A copy of any and all surveillance films, photos, or depictions taken of the Plaintiff as a result of the subject accident. 13. A copy of any and all insurance agreements, insurance policies or agreements of any kind or nature under which any person or company carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse any payments made to satisfy any such judgment or settlement, including but not limited to a certified copy of the declarations sheet as to each such policy. 14 Copies of any and all computer generated documents in the possession of the Defendant or any agent, servant and/or employee of the Defendant, which pertains or relate, in any manner or fashion, to and any past claims history of the Plaintiff in this lawsuit. 15. Copies of any and all checks issued by the Defendant or any agent, servant and/or employee of the Defendant to any other person, firm or company making a claim arising out of the same accident or incident which is the basis of this lawsuit. 16. A copy of the driver’s license of the driver involved in the subject accident that existed on the date of the accident as well as the current driver’s license. 17. Any and all documentation reflecting the time and duration of any incoming or outgoing call, email and text message on the day of July 8, 2020 with regard to Defendant, ROBERT DUNN’s cellular telephone records. CERTIFICATE OF SERVICE HEREBY CERTIFY that on September 15, 2021 a true and correct copy of the foregoing has been served upon the above-named Defendant, along with the summons and complaint. Eloisa Pino, Esquire FBN: 1025065 Morgan & Morgan, P.A. 20 N. Orange Avenue Suite 1600 Orlando, FL 32801 Telephone: (689) 219-2080 Facsimile: (689) 219-2180 Primary email: epino@forthepeople.com Secondary email: bearpanzano@forthepeople.com Attorneys for Plaintiff