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Filing # 142955078 E-Filed 01/31/2022 12:33:58 PM
FIN THE CIRCUIT COURT, OF THE
FIFTH JUDICIAL CIRCUIT, IN AND FOR
LAKE COUNTY, FLORIDA
CASE NO: 35-2021-CA-001594
JOSEPH MATELLA,
Plaintiff,
vs.
ROBERT DUNN, CYNTHIA WILLCOX and STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.
/
DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO
PLAINTIFF, JOSEPH MATELLA
COME NOW the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, by and through the undersigned attorneys, and pursuant to Rule 1.350, Florida
Rules of Civil Procedure, files this First Request for Production of Documents, and requests that
Plaintiff, JOSEPH MATELLA, produce the following within thirty (30) days to Andrew J.
Gorman & Associates, 390 N. Orange Avenue, Suite 1700, Orlando, FL 32801, all of the
following items within the Plaintiff's custody or control:
1 Original executed authorizations for the release of records from the IRS and
Social Security Administration (see blank authorizations enclosed with this Request for
Production). If Plaintiff filed jointly with his/her spouse, then we will need both signatures on the
authorization for tax records.
2. Copies of all tax returns, W-2 forms, or any other evidence of personal or
business income for all years to date, beginning with the five (5) years preceding the incident
described in Plaintiff's Complaint.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 02/02/2022 10:02:17 AM
3 Withholding statements, pay envelopes, deposit slips, or any other evidence of
income earned by Plaintiff for the current calendar year.
4 Copies of any and all medical records, hospital records, emergency room records,
and records from any health care provider pertaining to the treatment of the Plaintiff for any
injuries sustained in the incident described in Plaintiffs Complaint.
5 Copies of any and all medical records, hospital records, emergency room records
and records from any health care provider pertaining to the treatment of the Plaintiff for any
reason in the five (5) years prior to the incident described in Plaintiff's Complaint.
6 Copies of any and all medical records, hospital records, emergency room records
and records from any health care provider pertaining to the treatment of the Plaintiff for any
reason since the incident described in Plaintiff's Complaint.
7 Copies of any and all medical bills and/or statements for services rendered, paid
or unpaid, which you claim result from the incident described in Plaintiff's Complaint, including
any bills for drugs or other related expenses.
8 Copies of any and all bills, statements or receipts relating to any non-medical
expenses claimed as damages in this lawsuit which have not been produced in response to any of
the preceding paragraphs.
9 Copies of any and all medical reports, hospital reports, emergency room reports,
consultations, and reports from any health care provider pertaining to the treatment of the
Plaintiff for any injuries sustained in the incident described in Plaintiff's Complaint.
10. Copies of bills and/or estimates for the repair of the Plaintiff's vehicle and any
other damaged property. If the vehicle was not repairable, in addition, attach estimates of the
value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning
salvage value.
11. Any and all photographs, diagrams or sketches of the scene of the incident.
12. Any and all photographs of the vehicles involved in the incident before and after
the accident.
13. Any and all photographs of the Plaintiff depicting injuries to Plaintiff sustained as
a result of the incident described in Plaintiff's Complaint.
14. Any releases, “Mary Carter Agreements”, and any other type of settlement
agreements between the Plaintiff and any other person or entity which may have been
responsible for the damages claimed by the Plaintiff.
15. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any
other tangible items or documentary evidence which you intend to use during the trial of this
cause and which have not been produced in response to any of the preceding paragraphs.
16. All policies of insurance providing payments related to the incident described in
Plaintiff's Complaint to Plaintiff, including, but not limited to, PIP insurance, medical payment
insurance, disability insurance, health insurance, and/or employment related insurance.
17. All claim forms submitted by Plaintiff pursuant to the policies of insurance
referred to in Paragraph 16 above.
18. All statements, including, but not limited to, recorded telephone interviews, tapes,
written statements, signed or unsigned, of the Defendant or any of their agents, servants or
employees relative to the within incident and any other issue which involves the instant litigation.
19. All incident reports filed by Plaintiff for any purpose including, but not limited to,
reports to employer and/or insurance company regarding the incident, if applicable, and/or other
reports filled out by the Plaintiff.
20. All documents reflecting any days that Plaintiff has missed employment, or has
been employed with physical restrictions, from the date of the incident described in Plaintiff's
Complaint.
21. Any and all x-rays, CT Scans, MRI’s and other diagnostic studies in Plaintiff's,
possession.
22. All documents reflecting any workers’ compensation claims filed by the Plaintiff.
23. Copies of any and all correspondence by and between the Plaintiff or anyone
acting on Plaintiff’s behalf and any physician, medical facility, or expert witness who will testify
at trial.
24. Copies of all traffic crash reports regarding all accidents in which the Plaintiff has
been involved.
25. If the Plaintiff has ever served in any branch of the United States Military,
provide a copy of the Plaintiff's Form DD 214, Certificate of Release or Discharge From Active
Duty, including the Special Information Section.
26 A copy of the Plaintiff’s current driver’s license or identification card.
27 A copy of the Plaintiff's social security card.
28 All documents, papers or evidence to be introduced at trial.
29. All expert reports from any experts who will testify at trial.
30. Any and all records concerning any time spent by Plaintiff in any branch of the
armed services at any time, including a copy of Plaintiff's DD214.
31. For each and every entity listed by Plaintiff in response to Defendant's
Interrogatory number 25 served contemporaneously with this Request, please provide any and all
documentation which would identify the name, address, telephone number of such entity,
including any records reflecting the policy, group or membership number of the Plaintiff, and the
named insured under the plan, as well as the employer, or other entity through whom such
coverage or benefits/assistance was/is offered or available.
32. Any and all information concerning any disability benefits the Plaintiff is
receiving or has received in the past, or has filed applications for at any time. If Plaintiff has no
such records, please execute the attached authorizations for the release of income and benefit
records from social security.
NOTE: This Request does not seek production of any attorney-client privileged
information. To the extent that Plaintiff deems any particular request objectionable, Defendant
requests production of all non-objectionable documents.
These documents are to be produced if they are in the actual or constructive possession,
custody, or control of the Plaintiff, any entity associated with Plaintiff, or Plaintiffs
representative, or of which Plaintiff, or any entity associated with Plaintiff, or Plaintiff's
representatives have knowledge.
When used in this Request, the following terms have the following definitions:
“Plaintiff” refers to the individual named as Plaintiff in the above-styled cause of action.
“Document” refers to all correspondence, telegrams, memorandum, recording tape or
wires, film photographs, movies or graphic matter however produced or reproduced, all
mechanical or electronic sound recording or transcripts thereof and/or paper material of any kind,
whether written, typed, printed, punched, filed or marked in any way.
I HEREBY CERTIFY that on the 31% day of January, 2022 a true and correct copy of the
foregoing was electronically filed with the Florida Courts E-Filing Portal system which will send
a notice of electronic filing to Eloisa Pino, Esq., Morgan & Morgan, P.A., 20 N Orange Ave,
Suite 1600, Orlando, FL 32801 at epino@forthepeople.com; bearpanzano@forthepeople.com.
ANDREW J. GORMAN & ASSOCIATES
i
(Original signed electronically by Attorney.)
JESSICA B. LEON, ESQ.
Attorney for Defendant, State Farm Mutual
Automobile Insurance Company
390 N. Orange Avenue, Suite 1700
Orlando, FL 32801
Telephone: (407) 872-2498
Facsimile: (855) 369-8989
Florida Bar No. 0117526
E-mail for service (FL R. Jud. Admin. 2.516):
flor.law-mlslaw.172019 statefarm.com
Attorneys and Staff of Andrew J. Gorman &
Associates are Employees of the Law Department
of State Farm Mutual Automobile Insurance
Company.
Preview
Filing # 142955078 E-Filed 01/31/2022 12:33:58 PM FIN THE CIRCUIT COURT, OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA CASE NO: 35-2021-CA-001594 JOSEPH MATELLA, Plaintiff, vs. ROBERT DUNN, CYNTHIA WILLCOX and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. / DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF, JOSEPH MATELLA COME NOW the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, by and through the undersigned attorneys, and pursuant to Rule 1.350, Florida Rules of Civil Procedure, files this First Request for Production of Documents, and requests that Plaintiff, JOSEPH MATELLA, produce the following within thirty (30) days to Andrew J. Gorman & Associates, 390 N. Orange Avenue, Suite 1700, Orlando, FL 32801, all of the following items within the Plaintiff's custody or control: 1 Original executed authorizations for the release of records from the IRS and Social Security Administration (see blank authorizations enclosed with this Request for Production). If Plaintiff filed jointly with his/her spouse, then we will need both signatures on the authorization for tax records. 2. Copies of all tax returns, W-2 forms, or any other evidence of personal or business income for all years to date, beginning with the five (5) years preceding the incident described in Plaintiff's Complaint. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 02/02/2022 10:02:17 AM 3 Withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff for the current calendar year. 4 Copies of any and all medical records, hospital records, emergency room records, and records from any health care provider pertaining to the treatment of the Plaintiff for any injuries sustained in the incident described in Plaintiffs Complaint. 5 Copies of any and all medical records, hospital records, emergency room records and records from any health care provider pertaining to the treatment of the Plaintiff for any reason in the five (5) years prior to the incident described in Plaintiff's Complaint. 6 Copies of any and all medical records, hospital records, emergency room records and records from any health care provider pertaining to the treatment of the Plaintiff for any reason since the incident described in Plaintiff's Complaint. 7 Copies of any and all medical bills and/or statements for services rendered, paid or unpaid, which you claim result from the incident described in Plaintiff's Complaint, including any bills for drugs or other related expenses. 8 Copies of any and all bills, statements or receipts relating to any non-medical expenses claimed as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. 9 Copies of any and all medical reports, hospital reports, emergency room reports, consultations, and reports from any health care provider pertaining to the treatment of the Plaintiff for any injuries sustained in the incident described in Plaintiff's Complaint. 10. Copies of bills and/or estimates for the repair of the Plaintiff's vehicle and any other damaged property. If the vehicle was not repairable, in addition, attach estimates of the value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value. 11. Any and all photographs, diagrams or sketches of the scene of the incident. 12. Any and all photographs of the vehicles involved in the incident before and after the accident. 13. Any and all photographs of the Plaintiff depicting injuries to Plaintiff sustained as a result of the incident described in Plaintiff's Complaint. 14. Any releases, “Mary Carter Agreements”, and any other type of settlement agreements between the Plaintiff and any other person or entity which may have been responsible for the damages claimed by the Plaintiff. 15. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trial of this cause and which have not been produced in response to any of the preceding paragraphs. 16. All policies of insurance providing payments related to the incident described in Plaintiff's Complaint to Plaintiff, including, but not limited to, PIP insurance, medical payment insurance, disability insurance, health insurance, and/or employment related insurance. 17. All claim forms submitted by Plaintiff pursuant to the policies of insurance referred to in Paragraph 16 above. 18. All statements, including, but not limited to, recorded telephone interviews, tapes, written statements, signed or unsigned, of the Defendant or any of their agents, servants or employees relative to the within incident and any other issue which involves the instant litigation. 19. All incident reports filed by Plaintiff for any purpose including, but not limited to, reports to employer and/or insurance company regarding the incident, if applicable, and/or other reports filled out by the Plaintiff. 20. All documents reflecting any days that Plaintiff has missed employment, or has been employed with physical restrictions, from the date of the incident described in Plaintiff's Complaint. 21. Any and all x-rays, CT Scans, MRI’s and other diagnostic studies in Plaintiff's, possession. 22. All documents reflecting any workers’ compensation claims filed by the Plaintiff. 23. Copies of any and all correspondence by and between the Plaintiff or anyone acting on Plaintiff’s behalf and any physician, medical facility, or expert witness who will testify at trial. 24. Copies of all traffic crash reports regarding all accidents in which the Plaintiff has been involved. 25. If the Plaintiff has ever served in any branch of the United States Military, provide a copy of the Plaintiff's Form DD 214, Certificate of Release or Discharge From Active Duty, including the Special Information Section. 26 A copy of the Plaintiff’s current driver’s license or identification card. 27 A copy of the Plaintiff's social security card. 28 All documents, papers or evidence to be introduced at trial. 29. All expert reports from any experts who will testify at trial. 30. Any and all records concerning any time spent by Plaintiff in any branch of the armed services at any time, including a copy of Plaintiff's DD214. 31. For each and every entity listed by Plaintiff in response to Defendant's Interrogatory number 25 served contemporaneously with this Request, please provide any and all documentation which would identify the name, address, telephone number of such entity, including any records reflecting the policy, group or membership number of the Plaintiff, and the named insured under the plan, as well as the employer, or other entity through whom such coverage or benefits/assistance was/is offered or available. 32. Any and all information concerning any disability benefits the Plaintiff is receiving or has received in the past, or has filed applications for at any time. If Plaintiff has no such records, please execute the attached authorizations for the release of income and benefit records from social security. NOTE: This Request does not seek production of any attorney-client privileged information. To the extent that Plaintiff deems any particular request objectionable, Defendant requests production of all non-objectionable documents. These documents are to be produced if they are in the actual or constructive possession, custody, or control of the Plaintiff, any entity associated with Plaintiff, or Plaintiffs representative, or of which Plaintiff, or any entity associated with Plaintiff, or Plaintiff's representatives have knowledge. When used in this Request, the following terms have the following definitions: “Plaintiff” refers to the individual named as Plaintiff in the above-styled cause of action. “Document” refers to all correspondence, telegrams, memorandum, recording tape or wires, film photographs, movies or graphic matter however produced or reproduced, all mechanical or electronic sound recording or transcripts thereof and/or paper material of any kind, whether written, typed, printed, punched, filed or marked in any way. I HEREBY CERTIFY that on the 31% day of January, 2022 a true and correct copy of the foregoing was electronically filed with the Florida Courts E-Filing Portal system which will send a notice of electronic filing to Eloisa Pino, Esq., Morgan & Morgan, P.A., 20 N Orange Ave, Suite 1600, Orlando, FL 32801 at epino@forthepeople.com; bearpanzano@forthepeople.com. ANDREW J. GORMAN & ASSOCIATES i (Original signed electronically by Attorney.) JESSICA B. LEON, ESQ. Attorney for Defendant, State Farm Mutual Automobile Insurance Company 390 N. Orange Avenue, Suite 1700 Orlando, FL 32801 Telephone: (407) 872-2498 Facsimile: (855) 369-8989 Florida Bar No. 0117526 E-mail for service (FL R. Jud. Admin. 2.516): flor.law-mlslaw.172019 statefarm.com Attorneys and Staff of Andrew J. Gorman & Associates are Employees of the Law Department of State Farm Mutual Automobile Insurance Company.