Preview
Filing # 140411373 E-Filed 12/15/2021 11:00:02 AM
IN THE CIRCUIT COURT OF THE 15
JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO.: 50-2020-CA-009842-XXXX-MB
DIVISION: AA
OLIVIA CHARNEY,
Plaintiff,
v.
SCOTT LILLEY,
Defendant.
/
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS
LATING TO E: WI 'S) TO DEFENDANT
Defendant, SCOTT LILLEY, (and its legal representatives and insurance carrier and/or
claims adjusting agents, as defined below) pursuant to the Rule 1.350, Florida Rules of Civil
Procedure, is hereby requested to produce at the office of counsel for the Plaintiff for inspection
and copying, within the time period mandated by said Rules, the documents and/or evidence
requested below.
AUTHORITY. This discovery request is propounded pursuant to the legal authority of
y. 733 So. 2d 993 (Fla. 1999), approving Allstate Insurance Co.
v. Boecher, 705 So. 2d 106, (Fla. 4" DCA 1998); and/or Springer v. West, 769 So. 2d 1068 (Fla.
5" DCA 2000). “We find no indication from either the language of rule 1.280(b)(4) or our
opinion in Elkins that the rule was intended to shield a party from revealing the extent of its
relationship with an expert witness.” Boecher, 733 So. 2d at 999 (Fla. 1999). “It occurs to us
that, in this pervasively computerized generation of doing business, any going concern would be
sorely tried to establish burdensomeness in the mere retrieval of this kind of information. Surely
Allstate has the power to pluck the data from its own cyberspace. The burden placed on this
party should be presumed to be no more difficult than selecting the correct keys on a board or
icons on a screen. Allstate has done nothing in this record to dispel such a presumption.”
Boecher, 705 So. 2d at 108 (Fla. 4 DCA 1998). “Where an insurer provides a defense for its
insured and is acting as the insured’s agent, the insurer’s relationship to an expert is discoverable
from the insured. To hold otherwise would render Boecher meaningless in all but a small class
of cases. ... [T]he information sought is relevant to the witness’s bias and will enhance the truth-
seeking function and fairness of the trial, as intended by Boecher.” Springer v. West, 769 So. 2d
at 1069 (Fla. 5 DCA 2000). As for discoverablility of similar information held by defense
1
“** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/15/2021 11:00:02 AM ***counsel, please see Morgan, Colling & Gilbert, P.A. v. Pope, 26 Fla. L. Week. D1841 (Fla. 2d
DCA 2001).
DEFINITIONS
A. “PLAINTIFF” shall mean and refer to the Plaintiffs, his, her or their agents,
attorneys, employees or representatives.
B. “YOU” and “YOURS” shall mean and refer to the Defendant and all of your
agents, attorneys, employees, insurance carriers, or representatives, and claims adjusting agents.
Cc. “DEFENDANT” shall mean either one or all of the defendants in the above-styled
cause of action and include all of the Defendants, their legal representatives and insurance
carriers and/or claims adjusting agents, the respective divisions, predecessors, subsidiaries, or
successors in interest, and any directors, employees, officers, agents, partners, attorneys, or
representatives of any of them. When making reference to a specific Defendant, the specific
Defendant to which you are referring should be clearly identified.
D. “DOCUMENT” or “TANGIBLE ITEM” is intended to have the broadest possible
meaning under the Florida Rules of Civil Procedure, and includes without limitation, any written,
printed, electronic, recorded tape, graphic, or any matter of whatever nature or whatever form
including all non-identical copies and drafts thereof and all copies bearing notations or marks not
found on the original.
E. “EXPERT WITNESS” means the individual person or persons so identified in
this case, their professional associations or other related entities, or their employers.
F. “PERSON” or “ENTITY”, unless otherwise specified, means a natural person,
firm, partnership, trust, estate, association, corporation, proprietorship, governmental body,
governmental agency, or commission or any other organization or entity.
G. “RELATE TO” or “RELATING TO” shall be construed to include “refer to”,
“summarizes”, “constitutes”, “contains”, “studies”, “analyzes”, “considers”, “explains”,
2“mentions”, “shows”, “discusses”, “describes”, or “comments upon” and vice versa as it relates
to said terms or phrases.
H. When names are requested, names shall include both the full name, social security
number (if a United States citizen), passport country and number (if not a United States citizen),
together with the current address for such person.
L When addresses are requested, the address shall be the complete and current
address naming the street and street number, together with the city, county and state for each
such address.
J. Matters of Privilege. In the event you wish to assert “attorney/client privilege”,
“work product doctrine”, or any other privileges to any documents or communications requested
by any of the following interrogatories, then as to each such document or communication subject
to such assertion, you are requested to provide an identification to include: the nature of the
document or communication, the instigator or sender of said communication or document, the
recipient or all of the parties involved in the production of said document or communication, the
date, the name of each person or whom the original of said document was sent or may have been
present at the time of said communication, a brief summary of the document or communication
or its subject matter with sufficient detail to permit the Court to reach a determination in the
event a Motion to Compel is required, and an indication of the basis for the assertion of said
privilege.
REQUESTS
1, All documents or tangible items of whatsoever nature pertaining to the following:
a. The scope of your employment of expert witnesses in this case and the
compensation for such service.b. The general litigation experience of your expert witnesses in this case,
including the percentage of work performed for plaintiffs and defendants.
c. The identify of other insurance claims or legal actions in which each of
your expert witnesses rendered opinions or evaluations during the last three years. (If you have
identified a medical expert witness, you are not requested to identify instances where said expert
witness provided treatment to a patient.)
d. The identity of other cases in which each of your expert witnesses in this
case have testified by deposition or at trial during the last three years.
e, An approximation of the portion of the expert’s involvement as an expert
witness, which may be based on the number of hours, percentage of hours, or percentage of
earned income derived from serving as an expert witness.
2. Copies of any and all invoices, records, memoranda, checks, check stubs, receipts,
1099’s, tax records or any other form of financial information evidencing payment or
compensation paid by Defendant (as defined herein) for services provided by your expert
witnesses for the last three (3) years.
3. Your expert witnesses most current curriculum vitae or resume.
4. All writings setting forth the opinions or observations of your expert witnesses in
this case.
In support of this Request to Produce, Plaintiff state that it is within the scope of Rule
1.280(b), Florida Rules of Civil Procedure; Plaintiff needs the opportunity to inspect these
documents in preparation of this case; and that Plaintiff is unable, without undue hardship, to
obtain the substantial equivalent by other means.
I HEREBY CERTIFY that the foregoing was electronically filed with the Florida Courts
E-Filing Portal and that as a registered participant of the Portal I have effectuated service through
4the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin., on: Jonathan M. Cox, Esquire,
(ic@kkcinjurylaw.com; christina@kkcinjurylaw.com) Keller, Keller, Caacuzzo, Cox &
Belluccio, 224 Datura Street, Suite 1205, West Palm Beach, FL 33401 this \io® day of
December, 2021.
SCHULER, HALVORSON, WEISSER,
ZOELLER & OVERBECK, P.A
1615 Forum Place, Suite 4D
West Palm Beach, FL 33401
Tel.: (561) 689-8180
Attomeys for Plaintiffs
jweissser@shw-law.com;
michele@shw-law.com;
rchew@shw-law.com
By:
D. WEISSER
BAR NO.: 101435
Preview
Filing # 140411373 E-Filed 12/15/2021 11:00:02 AM IN THE CIRCUIT COURT OF THE 15 JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 50-2020-CA-009842-XXXX-MB DIVISION: AA OLIVIA CHARNEY, Plaintiff, v. SCOTT LILLEY, Defendant. / PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS LATING TO E: WI 'S) TO DEFENDANT Defendant, SCOTT LILLEY, (and its legal representatives and insurance carrier and/or claims adjusting agents, as defined below) pursuant to the Rule 1.350, Florida Rules of Civil Procedure, is hereby requested to produce at the office of counsel for the Plaintiff for inspection and copying, within the time period mandated by said Rules, the documents and/or evidence requested below. AUTHORITY. This discovery request is propounded pursuant to the legal authority of y. 733 So. 2d 993 (Fla. 1999), approving Allstate Insurance Co. v. Boecher, 705 So. 2d 106, (Fla. 4" DCA 1998); and/or Springer v. West, 769 So. 2d 1068 (Fla. 5" DCA 2000). “We find no indication from either the language of rule 1.280(b)(4) or our opinion in Elkins that the rule was intended to shield a party from revealing the extent of its relationship with an expert witness.” Boecher, 733 So. 2d at 999 (Fla. 1999). “It occurs to us that, in this pervasively computerized generation of doing business, any going concern would be sorely tried to establish burdensomeness in the mere retrieval of this kind of information. Surely Allstate has the power to pluck the data from its own cyberspace. The burden placed on this party should be presumed to be no more difficult than selecting the correct keys on a board or icons on a screen. Allstate has done nothing in this record to dispel such a presumption.” Boecher, 705 So. 2d at 108 (Fla. 4 DCA 1998). “Where an insurer provides a defense for its insured and is acting as the insured’s agent, the insurer’s relationship to an expert is discoverable from the insured. To hold otherwise would render Boecher meaningless in all but a small class of cases. ... [T]he information sought is relevant to the witness’s bias and will enhance the truth- seeking function and fairness of the trial, as intended by Boecher.” Springer v. West, 769 So. 2d at 1069 (Fla. 5 DCA 2000). As for discoverablility of similar information held by defense 1 “** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/15/2021 11:00:02 AM ***counsel, please see Morgan, Colling & Gilbert, P.A. v. Pope, 26 Fla. L. Week. D1841 (Fla. 2d DCA 2001). DEFINITIONS A. “PLAINTIFF” shall mean and refer to the Plaintiffs, his, her or their agents, attorneys, employees or representatives. B. “YOU” and “YOURS” shall mean and refer to the Defendant and all of your agents, attorneys, employees, insurance carriers, or representatives, and claims adjusting agents. Cc. “DEFENDANT” shall mean either one or all of the defendants in the above-styled cause of action and include all of the Defendants, their legal representatives and insurance carriers and/or claims adjusting agents, the respective divisions, predecessors, subsidiaries, or successors in interest, and any directors, employees, officers, agents, partners, attorneys, or representatives of any of them. When making reference to a specific Defendant, the specific Defendant to which you are referring should be clearly identified. D. “DOCUMENT” or “TANGIBLE ITEM” is intended to have the broadest possible meaning under the Florida Rules of Civil Procedure, and includes without limitation, any written, printed, electronic, recorded tape, graphic, or any matter of whatever nature or whatever form including all non-identical copies and drafts thereof and all copies bearing notations or marks not found on the original. E. “EXPERT WITNESS” means the individual person or persons so identified in this case, their professional associations or other related entities, or their employers. F. “PERSON” or “ENTITY”, unless otherwise specified, means a natural person, firm, partnership, trust, estate, association, corporation, proprietorship, governmental body, governmental agency, or commission or any other organization or entity. G. “RELATE TO” or “RELATING TO” shall be construed to include “refer to”, “summarizes”, “constitutes”, “contains”, “studies”, “analyzes”, “considers”, “explains”, 2“mentions”, “shows”, “discusses”, “describes”, or “comments upon” and vice versa as it relates to said terms or phrases. H. When names are requested, names shall include both the full name, social security number (if a United States citizen), passport country and number (if not a United States citizen), together with the current address for such person. L When addresses are requested, the address shall be the complete and current address naming the street and street number, together with the city, county and state for each such address. J. Matters of Privilege. In the event you wish to assert “attorney/client privilege”, “work product doctrine”, or any other privileges to any documents or communications requested by any of the following interrogatories, then as to each such document or communication subject to such assertion, you are requested to provide an identification to include: the nature of the document or communication, the instigator or sender of said communication or document, the recipient or all of the parties involved in the production of said document or communication, the date, the name of each person or whom the original of said document was sent or may have been present at the time of said communication, a brief summary of the document or communication or its subject matter with sufficient detail to permit the Court to reach a determination in the event a Motion to Compel is required, and an indication of the basis for the assertion of said privilege. REQUESTS 1, All documents or tangible items of whatsoever nature pertaining to the following: a. The scope of your employment of expert witnesses in this case and the compensation for such service.b. The general litigation experience of your expert witnesses in this case, including the percentage of work performed for plaintiffs and defendants. c. The identify of other insurance claims or legal actions in which each of your expert witnesses rendered opinions or evaluations during the last three years. (If you have identified a medical expert witness, you are not requested to identify instances where said expert witness provided treatment to a patient.) d. The identity of other cases in which each of your expert witnesses in this case have testified by deposition or at trial during the last three years. e, An approximation of the portion of the expert’s involvement as an expert witness, which may be based on the number of hours, percentage of hours, or percentage of earned income derived from serving as an expert witness. 2. Copies of any and all invoices, records, memoranda, checks, check stubs, receipts, 1099’s, tax records or any other form of financial information evidencing payment or compensation paid by Defendant (as defined herein) for services provided by your expert witnesses for the last three (3) years. 3. Your expert witnesses most current curriculum vitae or resume. 4. All writings setting forth the opinions or observations of your expert witnesses in this case. In support of this Request to Produce, Plaintiff state that it is within the scope of Rule 1.280(b), Florida Rules of Civil Procedure; Plaintiff needs the opportunity to inspect these documents in preparation of this case; and that Plaintiff is unable, without undue hardship, to obtain the substantial equivalent by other means. I HEREBY CERTIFY that the foregoing was electronically filed with the Florida Courts E-Filing Portal and that as a registered participant of the Portal I have effectuated service through 4the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin., on: Jonathan M. Cox, Esquire, (ic@kkcinjurylaw.com; christina@kkcinjurylaw.com) Keller, Keller, Caacuzzo, Cox & Belluccio, 224 Datura Street, Suite 1205, West Palm Beach, FL 33401 this \io® day of December, 2021. SCHULER, HALVORSON, WEISSER, ZOELLER & OVERBECK, P.A 1615 Forum Place, Suite 4D West Palm Beach, FL 33401 Tel.: (561) 689-8180 Attomeys for Plaintiffs jweissser@shw-law.com; michele@shw-law.com; rchew@shw-law.com By: D. WEISSER BAR NO.: 101435