Preview
Case Number: CACE-19-021689 Division: 13
Filing # 97551803 E-Filed 10/18/2019 11:09:14 PM
IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
KAMLA & HEMENDRA CHAUDHARI, CASE NO.:
Plaintiffs,
Vv.
SAFEPOINT INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
COMES NOW, Plaintiffs, KAMLA & HEMENDRA CHAUDHARI, by and through
undersigned counsel, files this, their Request for Production of Documents to Defendant,
SAFEPOINT INSURANCE COMPANY, to produce at the office of The Khan Law Firm, 1521
Alton Road, Suite 784, Miami Beach, Florida 33139, the following documents for inspection,
examination and copying within forty five (45) days, or at such time and place as may be agreed
upon between counsel, the originals or, if the originals are unavailable, copies of all documents
hereinafter described in the possession, custody and control of Defendant. Defendant will be in
compliance with this Request for Production if Defendant provides to Plaintiffs’ attorney, by
mail or email a complete and legible copy of the requested documents prior to the date fixed for
production and make arrangements for the inspection of all other items which cannot be copied
at a time convenient to both parties.
Instructions
1. You are instructed either to produce documents as they are kept in the usual course of
business or to produce documents organized and labeled to correspond with the categories in this
Request. Documents are to be produced in full and unexpurgated form.
2. This Request shall be deemed continuing, if permitted by Rule, so as to require further
and supplemental production in the event that the party requested to produce, or any of its
attorneys, agents or representatives, obtains or discovers additional information or documents
between the time of the initial production and the time of hearing or trial.
3. If any documents covered by this Request are withheld by reason of a claim of
privilege, work product immunity or other ground of non-production, a list is to be furnished at
the time that documents are produced identifying each such document for which the privilege is
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 11:09:13 PM.****claimed specifically by its nature (e.g., letter, memorandum, etc.) together with the following
information with respect to any such document withheld: author; recipient; sender; indicated or
blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and
the paragraph of this Request to which such document relates.
4. If a portion of an otherwise responsive document contains information that is subject to
a claim of privilege, only those portions of the document subject to the claim of privilege shall be
deleted or redacted from the document and the rest of the document shall be produced.
5. In the event that any document called for by this Request has been destroyed, lost,
discarded or otherwise disposed of, each such document is to be identified as completely as
possible, including, without limitation, the following information: author; recipient; sender;
subject matter; date prepared or received; date of disposal; person currently in possession of the
document; and the person disposing of the document.
6. All objections to any category of documents to be produced pursuant to this Request or
to any definition or instruction it contains shall be in writing and delivered to Plaintiffs’ counsel
within the time provided in Florida Rules of Civil Procedure, or at such other time as is agreed
upon by the parties or ordered by this Court.
7. Where identification of a document is requested, please set forth the identity of its
author or originator, the date of such authorship or origination, the identity of each person to
whom the original or copy was addressed or delivered, the identity of each person known or
reasonably believed to have present possession, custody, or control thereof, and a brief
description of the subject matter thereof.
8. Where identification of a person is requested, please set forth the person's name, last-
known home and business address and telephone number, and relation to Defendant, if any.
Definitions
1. “Defendant” means, SAFEPOINT INSURANCE COMPANY, its agents, employees,
and representatives.
2. “Plaintiffs” means, KAMLA & HEMENDRA CHAUDHARI, or any representatives
or agents who are authorized to act on their behalf.
3. The term "representative" as used herein with regard to a person or entity means and
includes each and every present and former director, officer, partner, employee, agent,
independent consultant or expert or other person (including attorneys), such as friends, relatives
and spouse, acting or purporting to act on behalf of the person or entity.
4. The term "document" or "documents" is used in its broadest sense and includes,
without limitation, drafts, and documents whether printed, recorded, stored or reproduced by any
mechanical or electronic process, or written or produced by hand, and including computer tapes
(including backup tapes) and all other computer-related documents, within your possession,custody or control. "Documents" shall also include (1) each copy that is not identical to the
original or to any other copy, and (2) any tangible thing that is called for by or identified in
response to any request. "Document" as used herein shall be construed broadly to include all
documents and things within the scope of Florida Rules of Civil Procedure, and refers to all
writings or other graphic matter, as well as any other medium by which information is stored or
recorded. It includes originals, drafts, copies and reproductions; and it includes, without limiting
the generality of the foregoing, letters; memoranda; reports and/or summaries of investigations;
police reports; accident reports; opinions or reports of consultants; diagrams; marginal comments
appearing on any documents; accounts; telegrams; studies; lists of persons attending meetings or
conferences; records or memoranda of telephone conversations; written statements; transcripts or
recorded statements; recorded statements; records of personal conversations or interviews;
calculations; computations; specifications; drawings; advertisements; circulars; trade letters;
press releases; prints; recordings; positive or negative films, slides or photographs; magnetic,
electronic or video tapes; computer tapes, cards or printouts; and all other things of like nature;
and any and all containers, boxes or other receptacles or repositories housing or containing such
"documents."
5. The term "communication" shall mean any transmission of information by any means,
including, without limitation, by spoken language, electronic transmission of data or any other
means. The term "communication" shall include, without limitation, any copies of written
information received by the person or entity responding to this request, even if such person or
entity is not the primary or direct addressee of such written information.
6. The term "referring" or "relating" shall mean showing, disclosing, averting to,
comprising, evidencing, constituting or reviewing.
7. "Person" means a natural person, firm, association, partnership, corporation or other
form of legal or business entity, public or private.
8. The singular includes the plural and vice versa; the words "and" and "or" shall be both
conjunctive and disjunctive; the word "all" means "any and all;" the word "any" means "any and
all;" the word "including" means "including, with limitation."
9. All other words have their plain and ordinary meaning.
FIRST REQUEST FOR DOCUMENTS TO BE PRODUCED
1. Copies of all documentation of whatever kind or nature in your possession, custody or control
(excluding privileged and protected information and documentation) concerning Plaintiffs’ claim
of loss that occurred on or about September 10, 2017, and Plaintiffs’ claim for damages to their
insured property located at 7620 NW 20" Court, Hollywood, FL. 33024, including but not
limited to, certified copies of any insurance policies, recorded statements, documentation of the
claim such as proofs of loss, damage estimates, reports or memoranda by Defendant’s adjuster
regarding the extent of damage and the reasons for payment, delay, withholding, or denial of the
claim.2. Copies of all documentation of whatever kind or nature in your possession, custody or control
concerning prior or subsequent insurance claim(s) (excluding privileged and protected
information and documentation) made by Plaintiffs to either Defendant or some other insurance
carrier regarding claim(s) of loss other than the September 10, 2017 loss, including but not
limited to, copies of any insurance policies, recorded statements, documentation of the claim
such as proofs of loss, damage estimates, reports or memoranda by the insurance adjuster
regarding the extent of damage and the reasons for payment or denial of the claim and copies of
any and all letters to or from the insurance carrier which deny the claim, as well as copies of all
correspondences to or from the insured regarding this claim(s).
3. Copies of all recorded or transcribed statements taken by you, your representative(s) and/or
your attorneys, of any persons having knowledge of any facts relating to any of the issues in this
case.
4. Copies of all correspondences, notices, reports or other communications between you and your
representatives and Plaintiffs, and/or their representatives regarding claim number 32205.
5. Copies of all letters from Defendant that deny, authorize payment or withhold payment of
Plaintiffs’ claim that is the subject of this litigation, as well as copies of all correspondences to or
from Plaintiffs regarding claim number 32205.
6. Copies of all documents in your possession, custody or control relating to the insured premises
located at 7620 NW 20" Court, Hollywood, FL. 33024, (excluding privileged and protected
information and documentation) including but not limited to: photographs, estimates, sketches,
drawings, field notes, reports relied upon by you, reports prepared by you or prepared for you or
on your behalf or on behalf of Defendant regarding claim number 32205 as well as any and all
original photographs and/or videotapes taken of the insured property in question, in addition, all
photographic logs and videotape logs related to such photographs or videotapes.
7. Copies of all damage inventories received by you and upon which you relied upon in reaching
your conclusions conceming valuation of the loss for claim number 32205.
8. Copies of all documents relied upon by you in reaching any conclusions regarding Plaintiffs’
claim number 32205, including all books, tables, depreciation tables, guides, price lists,
whatsoever used by you in determining the valuation of the subject property, the methods ofcomputation used by you in arriving at valuation figures for the property, all reports,
calculations, estimates and the like relied upon by you in arriving at any and all figures used in
determining the damage to the property relative to claim number 32205.
9. Any and all documents, statements, notes, measurements, test results and related materials
relied upon by you in reaching your conclusion to deny or refuse, withhold, delay, or authorize
payment of claim number 32205.
10. With respect to Interrogatory No. 4, served concurrently with this Request for Production of
Documents, produce any and all documents or records, in whatever form, which you base your
response to this Interrogatory.
11. With respect to Interrogatory No. 5, served concurrently with this Request for Production of
Documents, produce any and all documents or records, in whatever form, which you base your
response to this Interrogatory.
12. With respect to Interrogatory No. 6, served concurrently with this Request for Production of
Documents, produce any and all documents or records, in whatever form, which you base your
response to this Interrogatory.
13. With respect to Interrogatory No. 7, served concurrently with this Request for Production of
Documents, produce any and all documents or records, in whatever form, which you base your
response to this Interrogatory.
14. With respect to Interrogatory No. 8, served concurrently with this Request for Production of
Documents, produce any and all documents or records, in whatever form, which you base your
response to this Interrogatory.
15. With respect to Interrogatory No. 9, served concurrently with this Request for Production of
Documents, produce any and all documents or records, in whatever form, which you base your
response to this Interrogatory.16. With respect to Interrogatory No. 10, served concurrently with this Request for Production of
Documents, produce any and all documents or records, in whatever form, which you base your
response to this Interrogatory.
17. All written documents, transcripts, memoranda, invoices, statements, and any other similar
documents as defined and allowed by the Florida Rules of Civil Procedure which are not
privileged which support any and all alleged damages sustained by Plaintiffs with respect to the
pending action.
18. Any and all documents which Defendant is or will rely upon in the defense of this case
including but not limited to all reports, pictures, letters, correspondences, estimates, and,
recorded statements.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing was served with the
Complaint in this matter.
THE KHAN LAW FIRM
Attorney for Plaintiff,
1521 Alton Road, Suite 784
Miami Beach, FL 33139
786-376-6050 (Phone)
Primary: neilk@khanlaw.attorney
By: 4/ Neil M.Khan
Neil M. Khan, Esq.
Fla. Bar No.: 637017
Preview
Case Number: CACE-19-021689 Division: 13 Filing # 97551803 E-Filed 10/18/2019 11:09:14 PM IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION KAMLA & HEMENDRA CHAUDHARI, CASE NO.: Plaintiffs, Vv. SAFEPOINT INSURANCE COMPANY, Defendant. / PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS COMES NOW, Plaintiffs, KAMLA & HEMENDRA CHAUDHARI, by and through undersigned counsel, files this, their Request for Production of Documents to Defendant, SAFEPOINT INSURANCE COMPANY, to produce at the office of The Khan Law Firm, 1521 Alton Road, Suite 784, Miami Beach, Florida 33139, the following documents for inspection, examination and copying within forty five (45) days, or at such time and place as may be agreed upon between counsel, the originals or, if the originals are unavailable, copies of all documents hereinafter described in the possession, custody and control of Defendant. Defendant will be in compliance with this Request for Production if Defendant provides to Plaintiffs’ attorney, by mail or email a complete and legible copy of the requested documents prior to the date fixed for production and make arrangements for the inspection of all other items which cannot be copied at a time convenient to both parties. Instructions 1. You are instructed either to produce documents as they are kept in the usual course of business or to produce documents organized and labeled to correspond with the categories in this Request. Documents are to be produced in full and unexpurgated form. 2. This Request shall be deemed continuing, if permitted by Rule, so as to require further and supplemental production in the event that the party requested to produce, or any of its attorneys, agents or representatives, obtains or discovers additional information or documents between the time of the initial production and the time of hearing or trial. 3. If any documents covered by this Request are withheld by reason of a claim of privilege, work product immunity or other ground of non-production, a list is to be furnished at the time that documents are produced identifying each such document for which the privilege is *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 11:09:13 PM.****claimed specifically by its nature (e.g., letter, memorandum, etc.) together with the following information with respect to any such document withheld: author; recipient; sender; indicated or blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and the paragraph of this Request to which such document relates. 4. If a portion of an otherwise responsive document contains information that is subject to a claim of privilege, only those portions of the document subject to the claim of privilege shall be deleted or redacted from the document and the rest of the document shall be produced. 5. In the event that any document called for by this Request has been destroyed, lost, discarded or otherwise disposed of, each such document is to be identified as completely as possible, including, without limitation, the following information: author; recipient; sender; subject matter; date prepared or received; date of disposal; person currently in possession of the document; and the person disposing of the document. 6. All objections to any category of documents to be produced pursuant to this Request or to any definition or instruction it contains shall be in writing and delivered to Plaintiffs’ counsel within the time provided in Florida Rules of Civil Procedure, or at such other time as is agreed upon by the parties or ordered by this Court. 7. Where identification of a document is requested, please set forth the identity of its author or originator, the date of such authorship or origination, the identity of each person to whom the original or copy was addressed or delivered, the identity of each person known or reasonably believed to have present possession, custody, or control thereof, and a brief description of the subject matter thereof. 8. Where identification of a person is requested, please set forth the person's name, last- known home and business address and telephone number, and relation to Defendant, if any. Definitions 1. “Defendant” means, SAFEPOINT INSURANCE COMPANY, its agents, employees, and representatives. 2. “Plaintiffs” means, KAMLA & HEMENDRA CHAUDHARI, or any representatives or agents who are authorized to act on their behalf. 3. The term "representative" as used herein with regard to a person or entity means and includes each and every present and former director, officer, partner, employee, agent, independent consultant or expert or other person (including attorneys), such as friends, relatives and spouse, acting or purporting to act on behalf of the person or entity. 4. The term "document" or "documents" is used in its broadest sense and includes, without limitation, drafts, and documents whether printed, recorded, stored or reproduced by any mechanical or electronic process, or written or produced by hand, and including computer tapes (including backup tapes) and all other computer-related documents, within your possession,custody or control. "Documents" shall also include (1) each copy that is not identical to the original or to any other copy, and (2) any tangible thing that is called for by or identified in response to any request. "Document" as used herein shall be construed broadly to include all documents and things within the scope of Florida Rules of Civil Procedure, and refers to all writings or other graphic matter, as well as any other medium by which information is stored or recorded. It includes originals, drafts, copies and reproductions; and it includes, without limiting the generality of the foregoing, letters; memoranda; reports and/or summaries of investigations; police reports; accident reports; opinions or reports of consultants; diagrams; marginal comments appearing on any documents; accounts; telegrams; studies; lists of persons attending meetings or conferences; records or memoranda of telephone conversations; written statements; transcripts or recorded statements; recorded statements; records of personal conversations or interviews; calculations; computations; specifications; drawings; advertisements; circulars; trade letters; press releases; prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video tapes; computer tapes, cards or printouts; and all other things of like nature; and any and all containers, boxes or other receptacles or repositories housing or containing such "documents." 5. The term "communication" shall mean any transmission of information by any means, including, without limitation, by spoken language, electronic transmission of data or any other means. The term "communication" shall include, without limitation, any copies of written information received by the person or entity responding to this request, even if such person or entity is not the primary or direct addressee of such written information. 6. The term "referring" or "relating" shall mean showing, disclosing, averting to, comprising, evidencing, constituting or reviewing. 7. "Person" means a natural person, firm, association, partnership, corporation or other form of legal or business entity, public or private. 8. The singular includes the plural and vice versa; the words "and" and "or" shall be both conjunctive and disjunctive; the word "all" means "any and all;" the word "any" means "any and all;" the word "including" means "including, with limitation." 9. All other words have their plain and ordinary meaning. FIRST REQUEST FOR DOCUMENTS TO BE PRODUCED 1. Copies of all documentation of whatever kind or nature in your possession, custody or control (excluding privileged and protected information and documentation) concerning Plaintiffs’ claim of loss that occurred on or about September 10, 2017, and Plaintiffs’ claim for damages to their insured property located at 7620 NW 20" Court, Hollywood, FL. 33024, including but not limited to, certified copies of any insurance policies, recorded statements, documentation of the claim such as proofs of loss, damage estimates, reports or memoranda by Defendant’s adjuster regarding the extent of damage and the reasons for payment, delay, withholding, or denial of the claim.2. Copies of all documentation of whatever kind or nature in your possession, custody or control concerning prior or subsequent insurance claim(s) (excluding privileged and protected information and documentation) made by Plaintiffs to either Defendant or some other insurance carrier regarding claim(s) of loss other than the September 10, 2017 loss, including but not limited to, copies of any insurance policies, recorded statements, documentation of the claim such as proofs of loss, damage estimates, reports or memoranda by the insurance adjuster regarding the extent of damage and the reasons for payment or denial of the claim and copies of any and all letters to or from the insurance carrier which deny the claim, as well as copies of all correspondences to or from the insured regarding this claim(s). 3. Copies of all recorded or transcribed statements taken by you, your representative(s) and/or your attorneys, of any persons having knowledge of any facts relating to any of the issues in this case. 4. Copies of all correspondences, notices, reports or other communications between you and your representatives and Plaintiffs, and/or their representatives regarding claim number 32205. 5. Copies of all letters from Defendant that deny, authorize payment or withhold payment of Plaintiffs’ claim that is the subject of this litigation, as well as copies of all correspondences to or from Plaintiffs regarding claim number 32205. 6. Copies of all documents in your possession, custody or control relating to the insured premises located at 7620 NW 20" Court, Hollywood, FL. 33024, (excluding privileged and protected information and documentation) including but not limited to: photographs, estimates, sketches, drawings, field notes, reports relied upon by you, reports prepared by you or prepared for you or on your behalf or on behalf of Defendant regarding claim number 32205 as well as any and all original photographs and/or videotapes taken of the insured property in question, in addition, all photographic logs and videotape logs related to such photographs or videotapes. 7. Copies of all damage inventories received by you and upon which you relied upon in reaching your conclusions conceming valuation of the loss for claim number 32205. 8. Copies of all documents relied upon by you in reaching any conclusions regarding Plaintiffs’ claim number 32205, including all books, tables, depreciation tables, guides, price lists, whatsoever used by you in determining the valuation of the subject property, the methods ofcomputation used by you in arriving at valuation figures for the property, all reports, calculations, estimates and the like relied upon by you in arriving at any and all figures used in determining the damage to the property relative to claim number 32205. 9. Any and all documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion to deny or refuse, withhold, delay, or authorize payment of claim number 32205. 10. With respect to Interrogatory No. 4, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. 11. With respect to Interrogatory No. 5, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. 12. With respect to Interrogatory No. 6, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. 13. With respect to Interrogatory No. 7, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. 14. With respect to Interrogatory No. 8, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. 15. With respect to Interrogatory No. 9, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory.16. With respect to Interrogatory No. 10, served concurrently with this Request for Production of Documents, produce any and all documents or records, in whatever form, which you base your response to this Interrogatory. 17. All written documents, transcripts, memoranda, invoices, statements, and any other similar documents as defined and allowed by the Florida Rules of Civil Procedure which are not privileged which support any and all alleged damages sustained by Plaintiffs with respect to the pending action. 18. Any and all documents which Defendant is or will rely upon in the defense of this case including but not limited to all reports, pictures, letters, correspondences, estimates, and, recorded statements. CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing was served with the Complaint in this matter. THE KHAN LAW FIRM Attorney for Plaintiff, 1521 Alton Road, Suite 784 Miami Beach, FL 33139 786-376-6050 (Phone) Primary: neilk@khanlaw.attorney By: 4/ Neil M.Khan Neil M. Khan, Esq. Fla. Bar No.: 637017