On June 18, 2021 a
Party Discovery
was filed
involving a dispute between
Labonte, Raymond,
and
Owens Fishing And Marine Lc,
for Circuit Civil
in the District Court of Lake County.
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Filing # 133768935 E-Filed 08/31/2021 02:19:56 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
RAYMOND LABONTE Case No.: 35-2021-CA-001087-AXXX-
Plaintiff, us
vs.
OWENS FISHING & MARINE, L.C.
Defendant, )
PLAINTIFF’S RESPONSE TO REQUEST TO PRODUCE
BY DEFENDANT, OWENS FISHING & MARINE, L.C.
COMES NOW the Plaintiff, RAYMOND LABONTE, by and through the undersigned
attorneys, and files this Response to Request to Produce filed by Defendant with Certificate of
Service dated August 5, 2021, and states:
1. Copies of medical records are attached.
2. Objection; Plaintiff is not asserting a claim for lost wages.
3. None in Plaintiffs possession.
4. Copies of medical bills are attached.
3. None.
6. None.
7. Objection; irrelevant, immaterial, and not reasonably calculated to lead to the
discovery of admissible evidence.
8. A copy of Plaintiffs driver’s license is attached.
9. None in Plaintiffs possession.
10. None.
11. None in Plaintiffs possession.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 08/31/2021 03:16:48 PM.12.
13.
14.
15.
16.
attached.
17.
18.
See response to no. 1 above.
None in Plaintiffs possession.
Already in Defendant’s possession.
Already in Defendant’s possession.
Copies of Plaintiff's ID cards with Medicare and Blue Cross Blue Shield are
None in Plaintiffs possession.
Copies of photographs of Plaintiff's injuries, the shoes he was wearing at the time,
and the scene are attached.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
See response to no. 18 above.
See response to no. 18 above.
See response to no. 4 above.
A copy of the Medicare lien is attached.
See response to no. 22 above.
None.
Defendant’s requests regarding Plaintiffs social media constitute an overbroad
fishing expedition that is not reasonably calculated to lead to admissible evidence.
Root v. Balfour Beatty Const. LLC, 132 So. 3d 867 (Fla. 2d DCA 2014) (denying
social media discovery requests while warning against “carte blanche discovery”);
see also Salvato v. Miley, 2013 WL 2712206, at *6 (M.D. Fla. 2013) (rejecting
social media discovery requests that “essentially sought permission to conduct ‘a
fishing expedition’ . . . on the mere hope of finding relevant evidence”).
None in Plaintiff's possession.
An executed authorization for CMS will be produced upon receipt of the same.
As to all other authorizations, objection.
Will be produced upon receipt if the same exists in Plaintiff's possession.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document has been
served by electronic mail pursuant to Florida Rule of Judicial Administration 2.516 to: Jerry D.
Hamilton, Esq & Jonathan H. Dunleavy, Esq., Hamilton, Miller & Birthisel, LLP, 150 Southeast
Second Ave., Suite 1200, Miami, FL 33131 (jdunleavy@hamiltonmillerlaw.com;
jhamilton@hamiltonmillerlaw.com; faubi@hamiltonmillerlaw.com;
apridgen@hamiltonmillerlaw.com) on this 31st day of August, 2021.
SERVICE EMAIL:
SERVICE@UITERWYKLAW.COM
ABRAHAMSON & UITERWYK
900 W. Platt Street
Tampa, FL 33606
Telephone: (813) 222-0500
Facsimile: (813) 221-4738
jpimenta@uiterwyklaw.com
/s/ Justin Pimenta
JUSTIN W. PIMENTA, ESQ., PARTNER
Florida Bar No.: 0619868
Document Filed Date
August 31, 2021
Case Filing Date
June 18, 2021
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Filing # 133768935 E-Filed 08/31/2021 02:19:56 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA RAYMOND LABONTE Case No.: 35-2021-CA-001087-AXXX- Plaintiff, us vs. OWENS FISHING & MARINE, L.C. Defendant, ) PLAINTIFF’S RESPONSE TO REQUEST TO PRODUCE BY DEFENDANT, OWENS FISHING & MARINE, L.C. COMES NOW the Plaintiff, RAYMOND LABONTE, by and through the undersigned attorneys, and files this Response to Request to Produce filed by Defendant with Certificate of Service dated August 5, 2021, and states: 1. Copies of medical records are attached. 2. Objection; Plaintiff is not asserting a claim for lost wages. 3. None in Plaintiffs possession. 4. Copies of medical bills are attached. 3. None. 6. None. 7. Objection; irrelevant, immaterial, and not reasonably calculated to lead to the discovery of admissible evidence. 8. A copy of Plaintiffs driver’s license is attached. 9. None in Plaintiffs possession. 10. None. 11. None in Plaintiffs possession. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 08/31/2021 03:16:48 PM.12. 13. 14. 15. 16. attached. 17. 18. See response to no. 1 above. None in Plaintiffs possession. Already in Defendant’s possession. Already in Defendant’s possession. Copies of Plaintiff's ID cards with Medicare and Blue Cross Blue Shield are None in Plaintiffs possession. Copies of photographs of Plaintiff's injuries, the shoes he was wearing at the time, and the scene are attached. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. See response to no. 18 above. See response to no. 18 above. See response to no. 4 above. A copy of the Medicare lien is attached. See response to no. 22 above. None. Defendant’s requests regarding Plaintiffs social media constitute an overbroad fishing expedition that is not reasonably calculated to lead to admissible evidence. Root v. Balfour Beatty Const. LLC, 132 So. 3d 867 (Fla. 2d DCA 2014) (denying social media discovery requests while warning against “carte blanche discovery”); see also Salvato v. Miley, 2013 WL 2712206, at *6 (M.D. Fla. 2013) (rejecting social media discovery requests that “essentially sought permission to conduct ‘a fishing expedition’ . . . on the mere hope of finding relevant evidence”). None in Plaintiff's possession. An executed authorization for CMS will be produced upon receipt of the same. As to all other authorizations, objection. Will be produced upon receipt if the same exists in Plaintiff's possession.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served by electronic mail pursuant to Florida Rule of Judicial Administration 2.516 to: Jerry D. Hamilton, Esq & Jonathan H. Dunleavy, Esq., Hamilton, Miller & Birthisel, LLP, 150 Southeast Second Ave., Suite 1200, Miami, FL 33131 (jdunleavy@hamiltonmillerlaw.com; jhamilton@hamiltonmillerlaw.com; faubi@hamiltonmillerlaw.com; apridgen@hamiltonmillerlaw.com) on this 31st day of August, 2021. SERVICE EMAIL: SERVICE@UITERWYKLAW.COM ABRAHAMSON & UITERWYK 900 W. Platt Street Tampa, FL 33606 Telephone: (813) 222-0500 Facsimile: (813) 221-4738 jpimenta@uiterwyklaw.com /s/ Justin Pimenta JUSTIN W. PIMENTA, ESQ., PARTNER Florida Bar No.: 0619868