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Filing # 145466443 E-Filed 03/10/2022 01:45:25 PM
IN 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,
Defendants. /
PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION
COMES NOW the Plaintiff, JOSEPH MATELLA, by and through the undersigned
attorneys, and in response to the Defendants’, ROBERT DUNN AND CYNTHIA WILLCOX,
Request For Production served on or about November 3, 2021, and states as follows:
1. Medical bills, including, but not limited to doctors, hospitals, and prescriptions.
RESPONSE; All documents in Plaintiff's possession responsive to this Request will be
provided under separate cover.
2. Repair bills and/or estimates on the vehicle involved in the subject accident.
RESPONSE: None in Plaintiff's possession.
3. Copies of income tax returns, W-2 forms, or any other evidence of personal or business
income of the Plaintiff(s), for the years 2015 to present, or authorizations to obtain same.
RESPONSE: Plaintiff objects to this request as it seeks information that is irrelevant, immaterial
and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff is not
making a wage loss claim.
4. Hospital records concerning any and all hospitalizations which Plaintiff, claim resulted from
the subject accident.
RESPONSE: All documents in Plaintiff's possession responsive to this Request will be
provided under separate cover.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/10/2022 02:42:56 PM.
5. Medical records, opinions or other written memoranda from doctors, nurses, other medical
practitioners, or expert witnesses containing information concerning the injuries and/or damage
allegedly sustained by Plaintiffs), as a result of the subject accident.
RESPONSE: All documents in Plaintiff's possession responsive to this Request will be
provided under separate cover.
6. Photographs, drawings, graphs, charts showing the scene of the incident or accident,
hotographs of the vehicles involved in the accident in their damaged condition, and any
photographs of the Plaintiff(s), in his injured condition.
RESPONSE: All documents in Plaintiffs possession responsive to this Request will be
provided under separate cover.
7. Any statements Defendants may have made to the Plaintiff, or any of the Plaintiff's agents,
servants, or employees.
RESPONSE: None in Plaintiffs possession.
8. Any statements Defendants may have made concerning the subject matter of the instant case.
RESPONSE: None in Plaintiffs possession.
9. Any and all ledger sheets for the years 2015 to present pertaining to yearly income broken
down on a monthly basis Plaintiff(s), may receive from self-employment income. Also, any and
all records pertaining to self-employment income Plaintiff(s), may have been involved in during
the years 2015 to present.
RESPONSE: Plaintiff objects to this request as it seeks information that is irrelevant, immaterial
and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff is not
making a wage loss claim.
10. Copies of any and all insurance policies, declaration sheets or statements reflecting the
amounts of the specific insurance premiums charged to and paid by plaintiff from 2015 to the
present for PIP or other collateral source benefits that may provide benefits to plaintiff for any
injuries allegedly sustained in the subject accident.
RESPONSE: All documents in Plaintiff's possession responsive to this Request will be
provided under separate cover.
11. Copies of any and all canceled checks, receipts or statements reflecting the amount of
premiums paid by the plaintiff for PIP or other collateral source benefits referenced in paragraph
"10" above, from 2015 to the present.
RESPONSE: None in Plaintiffs possession.
12. Any and all written documents, receipts, checks or invoices reflecting total amount of PIP,
Med-Pay or other collateral source benefits paid to or on behalf of Plaintiff(s), as a result of
injuries arising out of the accident of July 8, 2020.
RESPONSE: All documents in Plaintiff's possession responsive to this Request will be
provided under separate cover.
13. Produce copies of all payments made by any sources which have made payments or bills
incurred in this incident/accident to you or others on your behalf. This request includes but are
not limited to any and all documents or logs reflecting the amount of payments made or available
to Plaintiff(s), from third parties including but not limited to Medicare and Medicaid. If
Plaintiff(s), has no such records, please execute the attached authorizations for the release of
records and information from Medicare (First Coast Service Options, Inc.) and Medicaid (Florida
Agency for Health Care Administration).
RESPONSE: All documents in Plaintiff's possession responsive to this Request will be
provided under separate cover.
14. Traffic or other Court transcripts involving the subject matter of the instant litigation.
RESPONSE: All documents in Plaintiff's possession responsive to this Request will be
provided under separate cover.
15. Copies of any Mary Carter agreements, or other similar agreements, entered by you or on
your behalf with any other defendants, persons, firms, or corporations who you contend may be
responsible for the subject incident/accident.
RESPONSE: None in Plaintiffs possession.
16. All documents and items specified in your answers to Interrogatories as coming within the
Florida Rules of Civil Procedure, Rule 1.340(c), exercising the option to produce records in lieu
of compilation or summary based on said records and reports.
RESPONSE: All documents in Plaintiff's possession responsive to this Request will be
provided under separate cover.
17. A copy of the Driver’s License and Social Security card of the Plaintiff(s).
RESPONSE: Plaintiff objects to providing a copy of his driver’s license, due to privacy and
identity theft concerns for documents filed with the court that will be public record.
Notwithstanding said objection, plaintiff will provide said copy at his deposition, with the
understanding this information will be destroyed at the conclusion of this case. Plaintiff objects
to this request as it seeks information that is irrelevant and not reasonably calculated to lead to
the discovery of admissible evidence. Further, Plaintiff objects to providing a copy of his social
security card, due to privacy and identity theft concerns for documents filed with the court that
will be public record.
18. Copies of any and all insurance policies, contracts or agreements pursuant to which health
benefits or lost wages have been paid or are payable to Plaintiff(s), as a result of the incident
complained of.
RESPONSE: Plaintiff objects to this request as it seeks information that is irrelevant, immaterial
and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff is not
making a wage loss claim.
19. A copy of the accident and/or crash report applicable to the accident(s) at issue in this
lawsuit.
RESPONSE: All documents in Plaintiff's possession responsive to this request will be provided
under separate cover with response to question #14.
20. If Plaintiff(s), has ever served in any branch of the United States Military, provide a copy of
any and all records concerning any time spent in any branch of the armed services, including a
copy of Plaintiff's Form DD214, Certificate of Release or Discharge From Active Duty,
including the Special Information Section.
RESPONSE: None in Plaintiff's possession.
21. Any and all information concerning any disability benefits Plaintiff(s), is receiving or has
received in the past, or has file applications for at any time. If Plaintiff(s), has no such records,
please execute the attached authorizations for the release of income and benefit records from
Social Security, Department of Health and Rehabilitation Services Office of Disability
Determinations.
RESPONSE: None in Plaintiffs possession.
22. Any and all documents reflecting any worker’s compensation claims filed by Plaintiff(s).
RESPONSE: Plaintiff objects to this request as it seeks information that is irrelevant, immaterial
and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff is not
making a wage loss claim.
{Certificate of Service on next page}
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 27, 2022, I electronically filed the foregoing with
the Clerk of the Courts by using the Florida Courts e-Filing Portal. I further certify that Pursuant
to Rule 2.516(b)(1) I forwarded the foregoing this same day via Email to: Scott D. Santos,
Esquire for the Law Offices of Gabriel O. Fundora & Associates orlandolegal@ipacc.com.
Eloisa Pino, Esquire
FBN: 1025065
Morgan & Morgan, P.A.
20 N. Orange Avenue
Suite 1600
Orlando, FL 32801
Telephone: (407) 420-1414
Facsimile: (689) 219-2180
Primary email: epino@forthepeople.com
Secondary email: astief@forthepeople.com
Attorneys for Plaintiff
Preview
Filing # 145466443 E-Filed 03/10/2022 01:45:25 PM IN 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, Defendants. / PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION COMES NOW the Plaintiff, JOSEPH MATELLA, by and through the undersigned attorneys, and in response to the Defendants’, ROBERT DUNN AND CYNTHIA WILLCOX, Request For Production served on or about November 3, 2021, and states as follows: 1. Medical bills, including, but not limited to doctors, hospitals, and prescriptions. RESPONSE; All documents in Plaintiff's possession responsive to this Request will be provided under separate cover. 2. Repair bills and/or estimates on the vehicle involved in the subject accident. RESPONSE: None in Plaintiff's possession. 3. Copies of income tax returns, W-2 forms, or any other evidence of personal or business income of the Plaintiff(s), for the years 2015 to present, or authorizations to obtain same. RESPONSE: Plaintiff objects to this request as it seeks information that is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff is not making a wage loss claim. 4. Hospital records concerning any and all hospitalizations which Plaintiff, claim resulted from the subject accident. RESPONSE: All documents in Plaintiff's possession responsive to this Request will be provided under separate cover. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/10/2022 02:42:56 PM. 5. Medical records, opinions or other written memoranda from doctors, nurses, other medical practitioners, or expert witnesses containing information concerning the injuries and/or damage allegedly sustained by Plaintiffs), as a result of the subject accident. RESPONSE: All documents in Plaintiff's possession responsive to this Request will be provided under separate cover. 6. Photographs, drawings, graphs, charts showing the scene of the incident or accident, hotographs of the vehicles involved in the accident in their damaged condition, and any photographs of the Plaintiff(s), in his injured condition. RESPONSE: All documents in Plaintiffs possession responsive to this Request will be provided under separate cover. 7. Any statements Defendants may have made to the Plaintiff, or any of the Plaintiff's agents, servants, or employees. RESPONSE: None in Plaintiffs possession. 8. Any statements Defendants may have made concerning the subject matter of the instant case. RESPONSE: None in Plaintiffs possession. 9. Any and all ledger sheets for the years 2015 to present pertaining to yearly income broken down on a monthly basis Plaintiff(s), may receive from self-employment income. Also, any and all records pertaining to self-employment income Plaintiff(s), may have been involved in during the years 2015 to present. RESPONSE: Plaintiff objects to this request as it seeks information that is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff is not making a wage loss claim. 10. Copies of any and all insurance policies, declaration sheets or statements reflecting the amounts of the specific insurance premiums charged to and paid by plaintiff from 2015 to the present for PIP or other collateral source benefits that may provide benefits to plaintiff for any injuries allegedly sustained in the subject accident. RESPONSE: All documents in Plaintiff's possession responsive to this Request will be provided under separate cover. 11. Copies of any and all canceled checks, receipts or statements reflecting the amount of premiums paid by the plaintiff for PIP or other collateral source benefits referenced in paragraph "10" above, from 2015 to the present. RESPONSE: None in Plaintiffs possession. 12. Any and all written documents, receipts, checks or invoices reflecting total amount of PIP, Med-Pay or other collateral source benefits paid to or on behalf of Plaintiff(s), as a result of injuries arising out of the accident of July 8, 2020. RESPONSE: All documents in Plaintiff's possession responsive to this Request will be provided under separate cover. 13. Produce copies of all payments made by any sources which have made payments or bills incurred in this incident/accident to you or others on your behalf. This request includes but are not limited to any and all documents or logs reflecting the amount of payments made or available to Plaintiff(s), from third parties including but not limited to Medicare and Medicaid. If Plaintiff(s), has no such records, please execute the attached authorizations for the release of records and information from Medicare (First Coast Service Options, Inc.) and Medicaid (Florida Agency for Health Care Administration). RESPONSE: All documents in Plaintiff's possession responsive to this Request will be provided under separate cover. 14. Traffic or other Court transcripts involving the subject matter of the instant litigation. RESPONSE: All documents in Plaintiff's possession responsive to this Request will be provided under separate cover. 15. Copies of any Mary Carter agreements, or other similar agreements, entered by you or on your behalf with any other defendants, persons, firms, or corporations who you contend may be responsible for the subject incident/accident. RESPONSE: None in Plaintiffs possession. 16. All documents and items specified in your answers to Interrogatories as coming within the Florida Rules of Civil Procedure, Rule 1.340(c), exercising the option to produce records in lieu of compilation or summary based on said records and reports. RESPONSE: All documents in Plaintiff's possession responsive to this Request will be provided under separate cover. 17. A copy of the Driver’s License and Social Security card of the Plaintiff(s). RESPONSE: Plaintiff objects to providing a copy of his driver’s license, due to privacy and identity theft concerns for documents filed with the court that will be public record. Notwithstanding said objection, plaintiff will provide said copy at his deposition, with the understanding this information will be destroyed at the conclusion of this case. Plaintiff objects to this request as it seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Further, Plaintiff objects to providing a copy of his social security card, due to privacy and identity theft concerns for documents filed with the court that will be public record. 18. Copies of any and all insurance policies, contracts or agreements pursuant to which health benefits or lost wages have been paid or are payable to Plaintiff(s), as a result of the incident complained of. RESPONSE: Plaintiff objects to this request as it seeks information that is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff is not making a wage loss claim. 19. A copy of the accident and/or crash report applicable to the accident(s) at issue in this lawsuit. RESPONSE: All documents in Plaintiff's possession responsive to this request will be provided under separate cover with response to question #14. 20. If Plaintiff(s), has ever served in any branch of the United States Military, provide a copy of any and all records concerning any time spent in any branch of the armed services, including a copy of Plaintiff's Form DD214, Certificate of Release or Discharge From Active Duty, including the Special Information Section. RESPONSE: None in Plaintiff's possession. 21. Any and all information concerning any disability benefits Plaintiff(s), is receiving or has received in the past, or has file applications for at any time. If Plaintiff(s), has no such records, please execute the attached authorizations for the release of income and benefit records from Social Security, Department of Health and Rehabilitation Services Office of Disability Determinations. RESPONSE: None in Plaintiffs possession. 22. Any and all documents reflecting any worker’s compensation claims filed by Plaintiff(s). RESPONSE: Plaintiff objects to this request as it seeks information that is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff is not making a wage loss claim. {Certificate of Service on next page} CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 27, 2022, I electronically filed the foregoing with the Clerk of the Courts by using the Florida Courts e-Filing Portal. I further certify that Pursuant to Rule 2.516(b)(1) I forwarded the foregoing this same day via Email to: Scott D. Santos, Esquire for the Law Offices of Gabriel O. Fundora & Associates orlandolegal@ipacc.com. Eloisa Pino, Esquire FBN: 1025065 Morgan & Morgan, P.A. 20 N. Orange Avenue Suite 1600 Orlando, FL 32801 Telephone: (407) 420-1414 Facsimile: (689) 219-2180 Primary email: epino@forthepeople.com Secondary email: astief@forthepeople.com Attorneys for Plaintiff