Preview
Filing # 107821787 E-Filed 05/21/2020 04:06:46 PM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CHANDLER JEAN BAPTISTE, GENERAL JURISDICTION DIVISION
Plaintiff, CASE NO.: CACE19-026009 (03)
vs.
CITY OF SUNRISE and
FRANK ANTHONY OTELLO,
Defendants.
/
DEFENDANT, OTELLO’S INITIAL REQUEST FOR PRODUCTION TO PLAINTIFF
Defendant, FRANK ANTHONY OTELLO, by and through undersigned counsel and
pursuant to Fla.R.Civ.P 1.350, hereby requests Plaintiff, CHANDLER JEAN BAPTISTE, to
produce, where applicable, the following items for inspection and/or copying within thirty (30)
days from the date of the certificate hereon:
DEFINITIONS AND INSTRUCTIONS
The term “person” means any natural person, individual proprietorship, partnership,
corporation, association, organization, joint venture, firm, other business enterprise,
governmental body, group of natural persons, or other entity.
The term "document" means any written or graphic matter or other means of preserving
thought or expression and all tangible things from which information can be processed or
transcribed, including the originals and all non-identical copies, whether different from
the original by reason of any notation made on such copy or otherwise, including, but not
limited to, correspondence, memoranda, notes, messages, letters, e-mail, telegrams,
teletype, telefax, bulletins, meetings or other communications, interoffice and intra office
telephone calls, diaries, chronological data, minutes, books, reports, studies, summaries,
pamphlets, bulletins, printed matter, charts, ledgers, invoices, worksheets, receipts,
returns, computer printouts, prospectuses, financial statements, schedules, affidavits,
contracts, canceled checks, statements, transcripts, statistics, surveys, newspaper or
magazine articles, releases (and any and all drafts, alterations and modifications, changes
and amendments of any of the foregoing) graphic or aural records or representations of
any kind (including without limitation photographs, microfiche, microfilm, videotape,
records and motion pictures) and electronic, mechanical or electric records or
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/21/2020 04:06:46 PM.****10.
11.
12.
13.
Baptiste v. City of Sunrise, et al.
Circuit Court Case No.: CACE19-026009 (03)
Page 2
representations of any kind (including without limitation tapes, cassettes, disks and
records).
The term "communication" means any oral or written statement, dialogue, colloquialism,
discussion, conversation, agreement, or expression of any kind.
The term "all communications" means each and every communication as above defined
that is known to you or about which you have any information.
The term "all documents" means every document or group of documents as above
defined that are known to you or that can be located or discovered by reasonable diligent
efforts.
The terms "you" or "your" refer to Plaintiff, CHANDLER JEAN BAPTISTE, and his
attorneys.
Whenever a party is mentioned, it shall also be deemed to refer to that party's agents,
employees and/or counsel.
As used herein, the singular shall include the plural, the plural shall include the singular,
and the masculine, feminine, and neuter shall include each of the other genders.
The term "refer or relate to" as used in this request, means reflecting, evidencing,
regarding, pertaining to, consisting of, indicating, concerning or in any way logically or
factually connected with the matter discussed.
When producing the documents, please keep all documents segregated by the file in
which the documents are contained and indicate the name of the file in which the
documents are contained and the name of the documents being produced.
In the event such (file(s) or document(s) has(have) been removed for the purposes of this
action or for some other purpose, please state the name and address of the person who
removed the file, the title of the file and each subfile, if any, maintained within the file,
and the present location of the file.
If you choose to withhold any documents or portions of any documents from inspection
and copying on the ground of privilege or the like, it is requested that you identify the
nature of the privilege (including work product) that is being asserted, and identify: i)
the type of document withheld; ii) the general subject matter of the document; iii) the
date of the document; and iv) such other information as is sufficient to identify the
document for a subpoena duces tecum including the author of the document, the
addressee of the document and the relationship of the author and addressee to each other.
If no time period is specified, the time period shall be deemed as three years preceding
the date of incident described in Plaintiffs Amended Complaint.10.
Baptiste v. City of Sunrise, et al.
Circuit Court Case No.: CACE19-026009 (03)
Page 3
ITEMS TO BE PRODUCED
All statements, bills, and other evidence of expenses incurred as a result of or which you
claim are related to the injuries which are claimed in this lawsuit.
Any and all photographs and/or videotapes which were taken during or after the accident
referred to in the Amended Complaint herein, which photographs and/or videotapes are in
any manner related to any issue relevant to this lawsuit. (This would include photographs of
scene and damages.)
Copies of all medical reports received by you, your attorneys, investigators, agents, servants
or employees, from any physician or other person or entity who had rendered treatment to
you for the injuries you allege were sustained as a result of the accident which is the subject
matter of this lawsuit (i.e. emergency rooms, hospitals, medical examiner, etc.).
Copies of all medical reports received by you, your attorneys, investigators, agents, servants
or employees from any doctor, physician or member of the healing arts who had examined
your physical or mental condition for the ten years prior to the accident which is the subject
matter of this lawsuit.
Copies of all hospital records from any hospital in which you were a patient for the ten (10)
years prior to the accident which is the subject matter of this lawsuit, which records are in
your actual or constructive possession and/or in your attorney's possession.
Copies of any written or recorded statements of the Defendant, its employees, servants or
agents, including all transcriptions and summaries. Also, copies of the actual tape used to
record any statements.
Graphs, charts, and all other documentary evidence in the possession, custody or control of
Plaintiff, Plaintiff's agents, servants or attorneys, showing the scene of the incident or
accident and the damage or injury to persons and/or objects involved, if any.
Reports of any and all "expert," medical or non-medical, witnesses employed or retained by
you, your agents, servants, or attorneys, prepared in support of your claim for damages
herein.
Copies of any police reports, accident reports, and/or fire rescue reports documenting the
incident described in the Amended Complaint and/or any injury or purported damages related
to the incident.
Copies of any personal diaries or personal notes documenting or memorializing the accident
described in the Amended Complaint and/or the treatment or complications the Plaintiff has
allegedly experienced as a result of the incident described in the Amended Complaint.Baptiste v. City of Sunrise, et al.
Circuit Court Case No.: CACE19-026009 (03)
Page 4
11. All documents reflecting Plaintiff's mental pain and suffering.
12. Copies of the front and back of all driver’s licenses or other forms of identification in Plaintiff's
possession.
13. Copies of any medical, disability, life, or other insurance policies and identification cards
covering the Plaintiff that were in effect on the date of the incident alleged in the Complaint.
14. Copies of all correspondence related to the accident, including letter from the automobile
insurance carrier and the owner of the vehicle driven by Plaintiff.
15. Any and all documents supporting or otherwise referenced in your Answers to Interrogatories.
16. If Plaintiff has applied for, received benefits, and/or currently receiving benefits from Medicaid
and/or the Social Security Administration, please execute the fully executed medical releases, the
originals attached hereto.
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
Electronically filed with the Clerk of the Court, who will electronically serve on all counsel on
the attached service list this 21st day of May, 2020.
MARRERO & WYDLER
Counsel for Defendant, Otello
2600 Douglas Road, PH-4
Coral Gables, FL 33134
(305) 446-5528
(305) 446-0995 (fax)
BY _/s/ Oscar E. Marrero
OSCAR E. MARRERO
F.B.N.: 372714
oem@marrerolegal.com
LOURDES E. WYDLER
F.B.N.: 719811
lew@marrerolegal.com
CHARLSIE J. HARRIS
F.B.N: 1018830
cjh@marrerolegal.comSERVICE LIST
Mohammed Haider, Esq.
MILLER LAW GROUP, P.A.
1937 East Atlantic Blvd., Suite 204
Pompano Beach, FL 33060
(954) 972-8011
(954) 782-3636 (fax)
litigation@millerlaw.legal
FBN: 1003274
Attorneys for Plaintiff.
E. Bruce Johnson, Esq.
FBN: 262137
JOHNSON, ANSELMO, ET AL.
2455 E. Sunrise Blvd., Suite 1000
Ft. Lauderdale, FL 33304-0220
(954) 463-0100
(954) 436-2444 (fax)
johnson@jambg.com
Carey Young, Assistant to E. Bruce Johnson
oung@jambg.com
Attorneys for Defendant, City of Sunrise.
Baptiste v. City of Sunrise, et al.
Circuit Court Case No.: CACE19-026009 (03)
Page 5
Preview
Filing # 107821787 E-Filed 05/21/2020 04:06:46 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CHANDLER JEAN BAPTISTE, GENERAL JURISDICTION DIVISION Plaintiff, CASE NO.: CACE19-026009 (03) vs. CITY OF SUNRISE and FRANK ANTHONY OTELLO, Defendants. / DEFENDANT, OTELLO’S INITIAL REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, FRANK ANTHONY OTELLO, by and through undersigned counsel and pursuant to Fla.R.Civ.P 1.350, hereby requests Plaintiff, CHANDLER JEAN BAPTISTE, to produce, where applicable, the following items for inspection and/or copying within thirty (30) days from the date of the certificate hereon: DEFINITIONS AND INSTRUCTIONS The term “person” means any natural person, individual proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, group of natural persons, or other entity. The term "document" means any written or graphic matter or other means of preserving thought or expression and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, memoranda, notes, messages, letters, e-mail, telegrams, teletype, telefax, bulletins, meetings or other communications, interoffice and intra office telephone calls, diaries, chronological data, minutes, books, reports, studies, summaries, pamphlets, bulletins, printed matter, charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, newspaper or magazine articles, releases (and any and all drafts, alterations and modifications, changes and amendments of any of the foregoing) graphic or aural records or representations of any kind (including without limitation photographs, microfiche, microfilm, videotape, records and motion pictures) and electronic, mechanical or electric records or *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/21/2020 04:06:46 PM.****10. 11. 12. 13. Baptiste v. City of Sunrise, et al. Circuit Court Case No.: CACE19-026009 (03) Page 2 representations of any kind (including without limitation tapes, cassettes, disks and records). The term "communication" means any oral or written statement, dialogue, colloquialism, discussion, conversation, agreement, or expression of any kind. The term "all communications" means each and every communication as above defined that is known to you or about which you have any information. The term "all documents" means every document or group of documents as above defined that are known to you or that can be located or discovered by reasonable diligent efforts. The terms "you" or "your" refer to Plaintiff, CHANDLER JEAN BAPTISTE, and his attorneys. Whenever a party is mentioned, it shall also be deemed to refer to that party's agents, employees and/or counsel. As used herein, the singular shall include the plural, the plural shall include the singular, and the masculine, feminine, and neuter shall include each of the other genders. The term "refer or relate to" as used in this request, means reflecting, evidencing, regarding, pertaining to, consisting of, indicating, concerning or in any way logically or factually connected with the matter discussed. When producing the documents, please keep all documents segregated by the file in which the documents are contained and indicate the name of the file in which the documents are contained and the name of the documents being produced. In the event such (file(s) or document(s) has(have) been removed for the purposes of this action or for some other purpose, please state the name and address of the person who removed the file, the title of the file and each subfile, if any, maintained within the file, and the present location of the file. If you choose to withhold any documents or portions of any documents from inspection and copying on the ground of privilege or the like, it is requested that you identify the nature of the privilege (including work product) that is being asserted, and identify: i) the type of document withheld; ii) the general subject matter of the document; iii) the date of the document; and iv) such other information as is sufficient to identify the document for a subpoena duces tecum including the author of the document, the addressee of the document and the relationship of the author and addressee to each other. If no time period is specified, the time period shall be deemed as three years preceding the date of incident described in Plaintiffs Amended Complaint.10. Baptiste v. City of Sunrise, et al. Circuit Court Case No.: CACE19-026009 (03) Page 3 ITEMS TO BE PRODUCED All statements, bills, and other evidence of expenses incurred as a result of or which you claim are related to the injuries which are claimed in this lawsuit. Any and all photographs and/or videotapes which were taken during or after the accident referred to in the Amended Complaint herein, which photographs and/or videotapes are in any manner related to any issue relevant to this lawsuit. (This would include photographs of scene and damages.) Copies of all medical reports received by you, your attorneys, investigators, agents, servants or employees, from any physician or other person or entity who had rendered treatment to you for the injuries you allege were sustained as a result of the accident which is the subject matter of this lawsuit (i.e. emergency rooms, hospitals, medical examiner, etc.). Copies of all medical reports received by you, your attorneys, investigators, agents, servants or employees from any doctor, physician or member of the healing arts who had examined your physical or mental condition for the ten years prior to the accident which is the subject matter of this lawsuit. Copies of all hospital records from any hospital in which you were a patient for the ten (10) years prior to the accident which is the subject matter of this lawsuit, which records are in your actual or constructive possession and/or in your attorney's possession. Copies of any written or recorded statements of the Defendant, its employees, servants or agents, including all transcriptions and summaries. Also, copies of the actual tape used to record any statements. Graphs, charts, and all other documentary evidence in the possession, custody or control of Plaintiff, Plaintiff's agents, servants or attorneys, showing the scene of the incident or accident and the damage or injury to persons and/or objects involved, if any. Reports of any and all "expert," medical or non-medical, witnesses employed or retained by you, your agents, servants, or attorneys, prepared in support of your claim for damages herein. Copies of any police reports, accident reports, and/or fire rescue reports documenting the incident described in the Amended Complaint and/or any injury or purported damages related to the incident. Copies of any personal diaries or personal notes documenting or memorializing the accident described in the Amended Complaint and/or the treatment or complications the Plaintiff has allegedly experienced as a result of the incident described in the Amended Complaint.Baptiste v. City of Sunrise, et al. Circuit Court Case No.: CACE19-026009 (03) Page 4 11. All documents reflecting Plaintiff's mental pain and suffering. 12. Copies of the front and back of all driver’s licenses or other forms of identification in Plaintiff's possession. 13. Copies of any medical, disability, life, or other insurance policies and identification cards covering the Plaintiff that were in effect on the date of the incident alleged in the Complaint. 14. Copies of all correspondence related to the accident, including letter from the automobile insurance carrier and the owner of the vehicle driven by Plaintiff. 15. Any and all documents supporting or otherwise referenced in your Answers to Interrogatories. 16. If Plaintiff has applied for, received benefits, and/or currently receiving benefits from Medicaid and/or the Social Security Administration, please execute the fully executed medical releases, the originals attached hereto. WE HEREBY CERTIFY that a true and correct copy of the foregoing has been Electronically filed with the Clerk of the Court, who will electronically serve on all counsel on the attached service list this 21st day of May, 2020. MARRERO & WYDLER Counsel for Defendant, Otello 2600 Douglas Road, PH-4 Coral Gables, FL 33134 (305) 446-5528 (305) 446-0995 (fax) BY _/s/ Oscar E. Marrero OSCAR E. MARRERO F.B.N.: 372714 oem@marrerolegal.com LOURDES E. WYDLER F.B.N.: 719811 lew@marrerolegal.com CHARLSIE J. HARRIS F.B.N: 1018830 cjh@marrerolegal.comSERVICE LIST Mohammed Haider, Esq. MILLER LAW GROUP, P.A. 1937 East Atlantic Blvd., Suite 204 Pompano Beach, FL 33060 (954) 972-8011 (954) 782-3636 (fax) litigation@millerlaw.legal FBN: 1003274 Attorneys for Plaintiff. E. Bruce Johnson, Esq. FBN: 262137 JOHNSON, ANSELMO, ET AL. 2455 E. Sunrise Blvd., Suite 1000 Ft. Lauderdale, FL 33304-0220 (954) 463-0100 (954) 436-2444 (fax) johnson@jambg.com Carey Young, Assistant to E. Bruce Johnson oung@jambg.com Attorneys for Defendant, City of Sunrise. Baptiste v. City of Sunrise, et al. Circuit Court Case No.: CACE19-026009 (03) Page 5