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Filing # 126117122 E-Filed 05/04/2021 12:08:29 PM
IN THE COUNTY COURT OF THE
FIFTH JUDICIAL CIRCUIT, IN AND
FOR LAKE COUNTY, FLORIDA
Case No.: 35-2021-CA-000096-AXXX-XX
Division:
PAUL C. RODE,
Plaintiff(s),
v.
MARY E. FISHER,
Defendant(s).
DEFENDANT MARY E. FISHER’S RESPONSE TO REQUEST FOR PRODUCTION
Defendant(s), Mary E. Fisher, by and through the undersigned attomey, file this Response to
Plaintiff's Request for Production, and states as follows:
1. Objection-premature. This Request seeks discovery of information and documents protected
by the work-product and attorney client privileges. Without waiving the objection,
Defendant will comply with all court orders regarding the exchange of evidence and/or
demonstrative aides.
2. Attached are color copy photographs of the vehicles. These documents will not be provided
to the Court but will be provided to Plaintiff's counsel under separate cover.
3. None in Defendant’s possession regarding the Plaintiff. Objection to providing injuries of
any other parties on the grounds of that this Request seeks discovery of information and
documents protected by the work-product and attomey client privileges. Without waiving
the objection, Defendant will comply with all court orders regarding the exchange of
evidence and/or demonstrative aides. I reserve the right to amend this answer as discovery is
ongoing and continuing.
4. None in Defendant’s possession. I reserve the right to amend this answer as discovery is
ongoing and continuing.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 05/04/2021 03:01:43 PM10.
11.
12.
Objection work product, attorney-client privilege. Notwithstanding said objection and
without waiving same, Defendant, Mary E. Fisher made a statement on January 27, 2017,
which is work product, attorney-client privilege. Please see privilege log.
Objection work product, attorney-client privilege. Notwithstanding said objection and
without waiving same, Defendant, Mary E. Fisher made a statement on January 27, 2017,
which is work product, attorney-client privilege. Please see privilege log. Objection-
premature. This Request seeks discovery of information and documents protected by the
work-product and attomey client privileges. Without waiving the objection, Defendant will
comply with all court orders regarding the exchange of evidence and/or demonstrative aides.
Objection work product, attorney-client privilege. Notwithstanding said objection and
without waiving same, Defendant, Mary E. Fisher made a statement on January 27, 2017,
which is work product, attorney-client privilege. Please see privilege log. Objection-
premature. This Request seeks discovery of information and documents protected by the
work-product and attorney client privileges. Without waiving the objection, Defendant will
comply with all court orders regarding the exchange of evidence and/or demonstrative aides.
Objection premature. This Request seeks discovery of information and documents protected
by the work-product and attorney client privileges. Without waiving the objection,
Defendant will comply with all court orders regarding the exchange of evidence and/or
demonstrative aides.
Objection premature. This Request seeks discovery of information and documents protected
by the work-product and attorney client privileges. Without waiving the objection,
Defendant will comply with all court orders regarding the exchange of evidence and/or
demonstrative aides.
Objection irrelevant, overbroad and invasion of privacy. Notwithstanding said objection and
without waiving same, none in Defendant’s possession. Plaintiff can use its subpoenaing
powers to obtain the requested information.
Plaintiff has possession, custody and control of his medical records.
Objection work product. Plaintiff is the best source of information to obtain documents or
information related to his prior or subsequent motor vehicle history and cannot use discovery
simply to determine whether or not Defendant knows of certain documents in effort to
determine the opposing attorney’s thinking or strategy.13. Objection work product. Plaintiff is the best source of information to obtain documents or
information related to his prior or subsequent motor vehicle history and cannot use discovery
simply to determine whether or not Defendant knows of certain documents in effort to
determine the opposing attorney’s thinking or strategy.
14. Attached are copies of estimates of the vehicles that Defendant has in her possession. These
documents will not be provided to Court but will be provided to Plaintiff's counsel under
separate cover.
15. Attached is a copy of the policy. This document will not be provided to Court but will be
provided to Plaintiff's counsel under separate cover.
16. Objection, work-product privilege. Without waiving any objection, the defendant will
provide any surveillance in accordance with Dodson v. Persell, 390 So.2d 704 (1980), and
only if it is determined that the surveillance will be used at trial.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
Electronic Mail on this, the 4" of May, 2021 to the following designated service email
address(es): Jackson W. Adams, Esq., Wooten Kimbrough, PA, jadams@whkpa.com.
Law Office of Deborah N. Hartwell
/s/ Yim Mah
Yim Mah, Esquire
(Employees of GEICO General Insurance Company)
Florida Bar No.: 175234
111 N. Orange Avenue, STE 1600
Orlando, Florida 32801
Phone: 407-648-8236
Facsimile: 407-648-2650
Attomey for Defendant(s) Mary E. Fisher
Service Email: orlandogeico@geico.com
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Filing # 126117122 E-Filed 05/04/2021 12:08:29 PM IN THE COUNTY COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA Case No.: 35-2021-CA-000096-AXXX-XX Division: PAUL C. RODE, Plaintiff(s), v. MARY E. FISHER, Defendant(s). DEFENDANT MARY E. FISHER’S RESPONSE TO REQUEST FOR PRODUCTION Defendant(s), Mary E. Fisher, by and through the undersigned attomey, file this Response to Plaintiff's Request for Production, and states as follows: 1. Objection-premature. This Request seeks discovery of information and documents protected by the work-product and attorney client privileges. Without waiving the objection, Defendant will comply with all court orders regarding the exchange of evidence and/or demonstrative aides. 2. Attached are color copy photographs of the vehicles. These documents will not be provided to the Court but will be provided to Plaintiff's counsel under separate cover. 3. None in Defendant’s possession regarding the Plaintiff. Objection to providing injuries of any other parties on the grounds of that this Request seeks discovery of information and documents protected by the work-product and attomey client privileges. Without waiving the objection, Defendant will comply with all court orders regarding the exchange of evidence and/or demonstrative aides. I reserve the right to amend this answer as discovery is ongoing and continuing. 4. None in Defendant’s possession. I reserve the right to amend this answer as discovery is ongoing and continuing. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 05/04/2021 03:01:43 PM10. 11. 12. Objection work product, attorney-client privilege. Notwithstanding said objection and without waiving same, Defendant, Mary E. Fisher made a statement on January 27, 2017, which is work product, attorney-client privilege. Please see privilege log. Objection work product, attorney-client privilege. Notwithstanding said objection and without waiving same, Defendant, Mary E. Fisher made a statement on January 27, 2017, which is work product, attorney-client privilege. Please see privilege log. Objection- premature. This Request seeks discovery of information and documents protected by the work-product and attomey client privileges. Without waiving the objection, Defendant will comply with all court orders regarding the exchange of evidence and/or demonstrative aides. Objection work product, attorney-client privilege. Notwithstanding said objection and without waiving same, Defendant, Mary E. Fisher made a statement on January 27, 2017, which is work product, attorney-client privilege. Please see privilege log. Objection- premature. This Request seeks discovery of information and documents protected by the work-product and attorney client privileges. Without waiving the objection, Defendant will comply with all court orders regarding the exchange of evidence and/or demonstrative aides. Objection premature. This Request seeks discovery of information and documents protected by the work-product and attorney client privileges. Without waiving the objection, Defendant will comply with all court orders regarding the exchange of evidence and/or demonstrative aides. Objection premature. This Request seeks discovery of information and documents protected by the work-product and attorney client privileges. Without waiving the objection, Defendant will comply with all court orders regarding the exchange of evidence and/or demonstrative aides. Objection irrelevant, overbroad and invasion of privacy. Notwithstanding said objection and without waiving same, none in Defendant’s possession. Plaintiff can use its subpoenaing powers to obtain the requested information. Plaintiff has possession, custody and control of his medical records. Objection work product. Plaintiff is the best source of information to obtain documents or information related to his prior or subsequent motor vehicle history and cannot use discovery simply to determine whether or not Defendant knows of certain documents in effort to determine the opposing attorney’s thinking or strategy.13. Objection work product. Plaintiff is the best source of information to obtain documents or information related to his prior or subsequent motor vehicle history and cannot use discovery simply to determine whether or not Defendant knows of certain documents in effort to determine the opposing attorney’s thinking or strategy. 14. Attached are copies of estimates of the vehicles that Defendant has in her possession. These documents will not be provided to Court but will be provided to Plaintiff's counsel under separate cover. 15. Attached is a copy of the policy. This document will not be provided to Court but will be provided to Plaintiff's counsel under separate cover. 16. Objection, work-product privilege. Without waiving any objection, the defendant will provide any surveillance in accordance with Dodson v. Persell, 390 So.2d 704 (1980), and only if it is determined that the surveillance will be used at trial. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this, the 4" of May, 2021 to the following designated service email address(es): Jackson W. Adams, Esq., Wooten Kimbrough, PA, jadams@whkpa.com. Law Office of Deborah N. Hartwell /s/ Yim Mah Yim Mah, Esquire (Employees of GEICO General Insurance Company) Florida Bar No.: 175234 111 N. Orange Avenue, STE 1600 Orlando, Florida 32801 Phone: 407-648-8236 Facsimile: 407-648-2650 Attomey for Defendant(s) Mary E. Fisher Service Email: orlandogeico@geico.com