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Filing # 74414717 E-Filed 07/03/2018 07:40:17 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, STATE OF FLORIDA
CIVIL DIVISION
MARIA DE LOURDES SANTIAGO,
Plaintiff,
V. CASE NO.: 2017-CA-7719-0
THE BOAT HOUSE ORLANDO, LLC,
Defendant.
DEFENDANT'S MOTION TO COMPEL SOCIAL MEDIA
COMES NOW the Defendant, THE BOAT HOUSE ORLANDO, LLC, by and through
undersigned attorneys, and pursuant to Florida Rules of Civil Procedure 1.280 and 1.380, hereby
files this Motion to Compel Plaintiff's response to Defendants' Request to Produce. In support
thereof, the Defendant states unto the Court as follows:
Factual Background
1. This action has been brought by the Plaintiff as a result of the Defendant's alleged
negligent operation and/or maintenance of its premises. The Plaintiff alleged, and submitted
QUr ebow,__h and,-knee, -collar-bone, -neck, right -shoulder, and-back
that resulted due to the Defendant's negligence, as well as a lowered capacity for the enjoyment
of life in light of those alleged injuries.
2. At Maria Santiago's deposition, the Plaintiff admitted that she maintained an
active Facebook page both before and after the accident. (Maria Santiago depo. p. 29-32). She
testified that she uses Facebook to share images and showing her enjoyment of her life.
3. On September 18, 2017, counsel for Defendant served its Request to Produce to
Plaintiff (attached hereto as Exhibit "A") requesting electronic copies of Plaintiff's Facebook
data.
4. Plaintiff filed her response to Defendant's Request to Produce stating "Plaintiff is
in the process of gathering documents responsive to this request and will provide upon receipt."
(Response attached hereto as Exhibit "B"). To date, no documents have been received and no
object has been raised.
5. Counsel for the Defendant certifies that in good faith, he has conferred with
Plaintiffs' counsel in an effort to secure the information or material without court action and has
been unsuccessful in obtaining said information.
WHEREFORE, the Defendant, THE BOAT HOUSE ORLANDO LLC, respectfully
requests this Honorable Court enter an Order compelling production of all requests made in
Defendant's Request to Produce and any other remedy this Court should deem just.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been
furnished by e-mail delivery to Michael B. Sanchez, Esquire (msanchez@pendasiaw.corn;
agonzalezpendaslaw.com; p is(ipendaslaw.com), The Pendas Law Firm, 625 E.
Colonial Drive, Orlando, Florida 32803, Attorneyf r the Pia ntijj on July 2,
By: /)
Banker Lopez Gassier P.A.
Service: service-wgower(bankerlopez.com
501 E. Kennedy Blvd, Suite 1700
Tampa, FL 33602
Phone: (813) 384-3980
Fax: (813) 222-3066
FBN: 015172
Attorney for the Defendant
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, STATE OF FLORIDA
CIVIL DIVISION
MARIA DE LOURDES SANTIAGO,
Plaintiff,
V. CASE NO.: 2017-CA-7719-0
THE BOAT HOUSE ORLANDO, LLC,
Defendant.
FIRST REOUEST TO PRODUCE TO PLAINTIFF
Defendant, THE BOAT HOUSE ORLANDO, LLC, by and through its undersigned
attorneys, pursuant to Rule of Civil Procedure 1.350, hereby requests the Plaintiff, MARIA DE
LOURDES SANTIAGO, to produce for inspection and/or copying by counsel for Defendant, the
following documents, said documents to be produced at the offices of the Defendant's attorneys
located at 501 E. Kennedy Blvd., Suite 1700, Tampa, Florida 33602, and said documents to be
produced on or before 30 days from date of service.
1. Federal Income Tax Returns, including W-2 forms, attachments, schedules and
exhibits, for Plaintiffs for five years prior to the incident described in the complaint, and for any
2. All withholding statements, pay envelopes, deposit slips, or any other evidence of
income earned by Plaintiff(s) for the current calendar year.
3. All personnel, payroll and employment records from each of your employers for a
five (5) year period preceding the date of the alleged incident and all such employers thereafter.
4. All documentation evidencing your wage loss claim.
rn
5. Itemized medical bills incurred by you as a result of the subject incident.
6. All medical reports rendered by your treating and examining physicians following
subject incident.
7. Copies of any and all statements made by the people present at the premises
involved in the subject incident referred to in your complaint.
8. Copies of any and all statements made by any witness to the subject incident
referred to in your complaint.
9. Copies of any and all statements made by Defendant pertaining to or concerning
the subject incident referred to in your complaint.
10. Copies of any and all photographs of the premises involved in the subject incident
referred to in your complaint.
11. Copies of all photographs of the premises involved in the incident referred to in
your complaint which show conditions existing at the time of the incident which no longer exist
now or which you intend to introduce into evidence in this case.
12. Copies of all photographs of the condition which you claim caused the incident
referred to in your complaint which depict conditions which no longer exist or which you intend
to introduce into evidence in this case.
13. Copies of any and all photographs of you depicting injuries received in the subject
incident referred to in your complaint.
14. Copies of all photographs of you depicting any injuries received in the incident
referred to in your complaint, which injuries no longer exist at the present time or present the
same appearance or which you intend to introduce into evidence in this case.
15. Copies of any and all photographs of the condition which you claim caused the
incident referred to in your complaint.
16. Any and all medical records from all health care providers of any type whatsoever
who have provided any treatment to you for the ten (10) year period prior to the date of the
incident alleged herein, and all such records from all health care providers since the time of this
incident.
17. The originals or duplicates of any and all radiology films, including plain x-rays,
CT scans, MRIs, etc. as well as copies of reports, readings, interpretations, etc. of such radiology
films.
18. Plaintiffs are requested to produce a copy of any and all policies of liability
insurance providing liability coverage to one or more of the Plaintiffs for claims arising out of
the incident described in the Complaint, or, copies of any and all policies of insurance which
allegedly provide liability insurance coverage to the Plaintiffs for the incident described in the
Complaint.
19. Plaintiffs are requested to produce a copy of any and all policies of insurance of
any kind or nature which could provide benefits to the plaintiffs by reason of incidents described
in the Complaint.
20. Plaintiffs are requested to produce any property in the possession of the
Defendants on the date of the incident described in the Complaint which has involved in the
incident described in the Complaint and which property contains marks or damage as a result of
the incident described in the Complaint or if such property no longer contains such marks or
damage in the same condition as it did on the date of the incident described in the Complaint
subsequent to said incident, then produce for examination copies of any and all photographs
showing such marks or damage.
21. Plaintiffs are requested to produce Plaintiffs' motor vehicle described in the
Complaint or if said motor vehicle is no longer available, any and all photographs of Plaintiffs'
motor vehicle in the possession of the Plaintiffs.
22. Plaintiffs are requested to produce any written document, repair estimate or report
of examination describing in anyway the nature and extent of the damage to Plaintiffs' property
which occurred as a result of the incident described in the Complaint or any such documents
reflecting conditions of the Plaintiffs' property immediately prior to the incident described in the
Complaint which said conditions have "subsequently been repaired or corrected or no longer
exist".
23. Plaintiffs are requested to produce copies of the front and back of any and all
health insurance, Medicare, and/or Medicaid cards.
24. Any and all Veterans Administration records, identifying any Veterans
Administration disability benefits or health care benefits that may have been provided by the
Veterans Administration.
25. Any and all records evidencing Social Security past earnings and any benefits that
you are presently receiving.
26. Any records of any kind whatsoever relating to any right of hospital lien, worker's
compensation lien, Medicaid lien, right of subrogation by Champus, Medicare, or any lien or
other subrogatable interest of any kind whatsoever that may relate to the payment of benefits for
injuries that may in any way be related to the incident alleged. If you maintain that such records
or documents are not within your care, custody or control, then you are requested to provide a
complete list of the names and addresses of such entities who may have a right of lien or
subrogated interest.
27. Any records evidencing releases or documents of any kind whatsoever that would
evidence any settlement and/or release you have entered into with any party or entity of any kind
whatsoever that may be involved in the alleged incident herein.
28. Photocopies of all notices provided to any collateral source provider of the
commencement of this action and the claimant's intent to claim damages from the tortfeasor for
items covered by such collateral source. Also provide any response or statement from all
collateral source providers asserting its payment of collateral source benefits and a right of
subrogation or reimbursement (see § 768.76, Fla.Stat. (1993).
29. All claim forms submitted by you pursuant to the policies of insurance referred to
in these requests.
30. Copy of all driver's licenses presently issued to you.
31. Copy of the accident/incident report for the subject incident.
32. All ordinances, regulations, rules, statutes, published standard, and written
publications upon which the subject claim is based.
-
videotapes, phonograph records, or other recorded drawings of real and personal property
forming the basis of the subject claim so they may be inspected, copied, tested, surveyed, or
measured.
34. All expert witnesses' reports, including doctors' reports, furnished to you or your
attorney in anticipation of litigation or in the furtherance of litigation and trial.
35. A copy of any letter of protection provided by your counsel to any health care
provider.
36. All bills or documents reflecting or relating to expenses incurred by you for
transportation to obtain medical attention.
37. All other bills or documents related thereto not covered above which you expect
to introduce into evidence at the time of trial to establish or corroborate any other expenses
which you claim were related to this incident.
38. Any and all documents of whatever nature or kind which evidence any payments
made to the Plaintiff or on their behalf or pursuant to:
(a) the United States Social Security Act, any Federal, State or local income disability
act, or any other public program providing medical expense, disability payments, or other similar
benefits;
(b) any health, sickness or income disability insurance, automobile accident insurance
that provides health benefits or income disability coverage, and any other similar insurance
benefits except life insurance benefits available to the you, whether purchased by them or
provided by others;
-
any- contractor aRreement of 12ation, partnership or corporation
to provide, pay for or reimburse the costs of hospital, medical, dental or other health care
services; and
(d) any contractual or voluntary wage continuation plan provided by employers or
any other system intended to provide wages during the period of disability.
39. For any collateral source benefits whatsoever you have received in payment of
medical expenses or lost wages which you contend are attributable to the incident described in
your complaint, please produce:
(a) A copy of any policy, explanation of benefits, or other document from each
collateral source which explains the amount of such collateral source benefits and the manner or
method of calculating such benefits; and
(b) Any and all documents showing how much you paid, contributed or forfeited to
secure the right to such collateral source benefits.
40. If any document is withheld on any claim of privilege, or otherwise, pursuant to
current law, set forth the following:
(a) The basis of the privilege claimed;
(b) The author of the document;
(c) The date of the document;
(d) The recipient or intended recipient of the document;
(e) A brief description of the substance of the document;
(f) All persons who have received copies of the document or were shown copies of
-
the document, alqn
41. A complete copy of Maria De Lourdes Santiago's Facebook data. (The link to
download all of the data from a Facebook account is found at www.facebook.com in the account
holder's "Account Settings" page in Facebook - "Download a copy of your Facebook
data. ") Plaintiff, Maria De Lourdes Santiago, and her attorneys are hereby put on notice to
preserve Maria De Lourdes Santiago's Facebook account, data, comments, status updates,
photographs, and all other information contained in her Facebook account. Any deletion of data
from Maria De Lourdes Santiago's Facebook account will be considered spoliation of evidence.
42 All awards received by Maria De Lourdes Santiago for participation in any sports
team, league or activity, school performance or activity and church activity since the date of the
accident described in the complaint.
43 A copy of any digital photograph or video in the Plaintiff's possession, custody or
control depicting Maria De Lourdes Santiago, taken at any time on any type camera, camcorder,
mobile device or other electronic recording device, from the date of the accident described in the
complaint to the present. Any such materials should be produced on a removable media storage
device, e.g. external hard drive, thumb drive, DVD or CD. Defendants will reimburse Plaintiff
for reasonable duplication expenses.
44. All documents concerning any extracurricular, educational and church-related
activity in which Maria De Lourdes Santiago has participated since the date of the accident
described in the complaint.
45. Execution and return of Request for Copy of Tax Return form, marked as Exhibit
46. Execution and return of Request for Social Security Earnings Information form,
marked as Exhibit "B".
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been
furnished by e-mail delivery to Michael B. Sanchez, Esquire (rnsanchez(pendaslaw.com;
giependasiaw.com; pleadings(apendaslaw.com), The Pendas Law Firm, 625 E.
Colonial Drive, Orlando, Florida 32803, Attorney for the Plaintiff, on September 18, 2017.
/s/ William R. Gower, III
William R. Gower, III, Esquire
Florida Bar No: 105172
BANKER LOPEZ GASSLER P.A.
501 E. Kennedy Boulevard
Suite 1700
Tampa, FL 33602
(813) 221-1500
Fax No: (813) 222-3066
Attorneys for Defendant
service-wgower(Ã bankerlopez.coni
IN-THE-CIRCUIT COURT OFTHE-
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
MARIA DE LOURDES SANTIAGO, CASE NUMBER: 2017-CA-.007719-0
Plaintiff,
vs.
THE BOAT HOUSE ORLANDO, LLC,
Defendant.
/
RESPONSES TO DEFENDANT'S
REQUEST TO PRODUCE TO PLAINTIFF
COMES NOW, Plaintiff, MARIA DE LOURDES SANTIAGO, by and through her
undersigned counsel, and, pursuant to Fla. R. Civ. P. Rule 1.350, here responds or
objects to The Boat House Orlando, LLC, Request to Produce to Plaintiff, served on
September 18, 2017:
1. Federal Income Tax Returns, including W2 forms, attachments, schedules and
exhibits, for Plaintiffs for five years prior to the incident described in the complaint,
and for any years since the incident.
RESPONSE: See attached.
2. All withholding statements, pay envelopes, c itslips, or a other evidence
ndar year.
RESPONSE: None.
3. All personnel, payroll and employment records from each of your employers for a
five (5) year period preceding the date of the alleged incident and all such
employers thereafter.
RESPONSE: None.
r
4. All documentation evidencing your wage loss claim.
RESPONSE: See attached.
5. Itemized medical bills incurred by you as a result of the subject incident.
RESPONSE: See attached.
6. All medical reports rendered by your treating and examining physicians following
subject incident.
RESPONSE: See attached.
7. Copies of any and all statements made by the people present at the premises
involved in the subject incident referred to in your complaint.
RESPONSE: None.
8. Copies of any and all statements made by any witness to the subject incident
referred to in your complaint.
RESPONSE: None.
9. Copies of any and all statements made by Defendant pertaining to or concerning
the subject incident referred to in your complaint.
RESPONSE: None.
10.Copies of any and all photographs of the premises involved in the subject
incident referred to in your complaint.
RESPONSE: None.
11. Copies of all photographs of the premises involved in the incident referred to in
your complaint which show conditions existing at the time of the incident which
no longer exist now or which you intend to introduce into evidence in this case.
RESPONSE: None.
www.pendasiaw.com
12.Copies of all photographs of the condition which you claim caused the incident
referred to in your complaint which depict conditions which no longer exist or
which you intend to introduce into evidence in this case.
RESPONSE: See attached.
13.Copies of any and all photographs of you depicting injuries received in the
subject incident referred to in your complaint.
RESPONSE: None.
14.Copies of all photographs of you depicting any injuries received in the incident
referred to in your complaint, which injuries no longer exist at the present time or
present the same appearance or which you intend to introduce into evidence in
this case.
RESPONSE: None.
15.Copies of any and all photographs of the condition which you claim caused the
incident referred to in your complaint.
RESPONSE: None.
16.Any and all medical records from all health care providers of any type
whatsoever who have provided any treatment to you for the ten (10) year period
prior to the date of the incident alleged herein, and all such records from all
health care providers since the time of this incident.
RESPONSE: None.
17. The originals or duplicates of any and all radiology films, including plain x-rays,
CT scans, MRIs, etc. as well as copies of reports, readings, interpretations, etc.
of such radiology films.
RESPONSE: X-Ray, CT scans or MRI Films are not in Plaintiff's
possession, but the X-Ray and MRI reports are attached.
www.pendaslaw.com
18.Plaintiffs are requested to produce a copy of any and all policies of liability
insurance providing liability coverage to one or more of the Plaintiffs for claims
arising out of the incident described in the Complaint, or, copies of any and all
policies of,insurance which allegedly provide liability insurance coverage to the
Plaintiffs for the incident described in the Complaint.
RESPONSE: None.
19.Plaintiffs are requested to produce a copy of any and all policies of insurance of
any kind or nature which could provide benefits to the plaintiffs by reason of
incidents described in the Complaint.
RESPONSE: None.
20. Plaintiffs are requested to produce any property in the possession of the
Defendants on the date of the incident described in the Complaint which has
involved in the incident described in the Complaint and which property contains
marks or damage as a result of the incident described in the Complaint or if such
property no longer contains such marks or damage in the same condition as it
did on the date of the incident described in the Complaint subsequent to said
incident, then produce for examination copies of any and all photographs
showing such marks or damage.
RESPONSE: None.
21 Plaintiffs are requested to produce Plaintiffs' motor vehicle described in the
Complaint or if said motor vehicle is no longer available, any and all photographs
of Plaintiffs' motor vehicle in the possession of the Plaintiffs.
RESPONSE: None.
22. Plaintiffs are requested to produce any written document, repair estimate or
report of examination describing in anyway the nature and extent of the damage
to Plaintiffs' property which occurred as a result of the incident described in the
Complaint or any such documents reflecting conditions of the Plaintiffs' property
immediately prior to the incident described in the Complaint which said
conditions have "subsequently been repaired or corrected or no longer exist".
RESPONSE: None.
www.pendaslaw.com
23. Plaintiffs are requested to produce copies of the front and back of any and all
health insurance, Medicare, and/or Medicaid cards.
RESPONSE: None.
24.Any and all Veterans Administration records, identifying any Veterans
Administration disability benefits or health care benefits that may have been
provided by the Veterans Administration.
RESPONSE: None.
25. Any and all records evidencing Social Security past earnings and any benefits that you are
presently receiving.
RESPONSE: None.
26.Any records of any kind whatsoever relating to any right of hospital lien, worker's
compensation lien, Medicaid lien, right of subrogation by Champus, Medicare, or
any lien or other subrogatable interest of any kind whatsoever that may relate to
the payment of benefits for injuries that may in any way be related to the incident
alleged. If you maintain that such records or documents are not within your care,
custody or control, then you are requested to provide a complete list of the
names and addresses of such entities who may have a right of lien or
subrogated interest.
RESPONSE: See attached.
27.Any records evidencing releases or documents of any kind whatsoever that
would evidence any settlement and/or release you have entered into with any
whatsoever thatmay be involvedL ir-thealleged
incident herein.
RESPONSE: None.
28. Photocopies of all notices provided to any collateral source provider of the
commencement of this action and the claimant's intent to claim damages from
the tortfeasor for items covered by such collateral source. Also provide any
response or statement from all collateral source providers asserting its payment
of collateral source benefits and a right of subrogation or reimbursement (see §
768.76, Fla.Stat. (1993).
RESPONSE: See attached.
www.pendaslaw.coin
29.All claim forms submitted by you pursuant to the policies of insurance referred to
in these requests.
RESPONSE: None.
30.Copy of all driver's licenses presently issued to you.
RESPONSE: See attached.
31.Copy of the accident/incident report for the subject incident.
RESPONSE: None.
32.All ordinances, regulations, rules, statutes, published standard, and written
publications upon which the subject claim is based.
RESPONSE: None.
33.All writings, drawings, graphs, charts, photographs, movies, slides, films,
videotapes, phonograph records, or other recorded drawings of real and
personal property forming the basis of the subject claim so they may be
inspected, copied, tested, surveyed, or measured.
RESPONSE: None.
34. All expert witnesses' reports, including doctors' reports, furnished to you or your attorney in
anticivation of lidization or in the
RESPONSE: Plaintiff will disclose expert witness in accordance with the
Courts Trial Order. At this time Plaintiff does not have any written
documentation from its experts.
35.A copy of any letter of protection provided by your counsel to any health care
provider.
RESPONSE: None.
vvwpendastaw, corn
36.Afl bills or documents reflecting or relating to expenses incurred by you for
transportation to obtain medical attention.
RESPONSE: See attached.
37. All other bills or documents related thereto not covered above which you expect to introduce
into evidence at the time of trial to establish or corroborate any other expenses which you
claim were related to this incident.
RESPONSE: Plaintiff will provide documents it intends to use at trial in
accordance with the Court's Trial Order.
38. Any and all documents of whatever nature or kind which evidence any payments
made to the Plaintiff or on their behalf or pursuant to:
(a) the United States Social Security Act, any Federal, State or local income
disability act, or any other public program providing medical expense, disability
payments, or other similar benefits;
(b) any health, sickness or income disability insurance, automobile accident
insurance that provides health benefits or income disability coverage, and any
other similar insurance benefits except life insurance benefits available to the
you, whether purchased by them or provided by others;
(c) any contract or agreement of any group, organization, partnership or
corporation to provide, pay for or reimburse the costs of hospital, medical, dental
or other health care services; and
(d) any contractual or voluntary wage continuation plan provided by
employers or any other system intended to provide wages during the period of
disability.
RESPONSE: None
39. For any collateral source benefits whatsoever you have received in payment of
medical expenses or lost wages whic
incident described in your complaint, please produce:
(a) A copy of any policy, explanation of benefits, or other document from
each collateral source which explains the amount of such collateral source
benefits and the manner or method of calculating such benefits; and
(b) Any and all documents showing how much you paid, contributed or
forfeited to secure the right to such collateral source benefits.
RESPONSE: See attached, Optum Med payment Summary.
www.peiidaslaw .com
40. If any document is withheld on any claim of privilege, or otherwise, pursuant to
current law, set forth the following:
(a) The basis of the privilege claimed;
(b) The author of the document;
(c) The date of the document;
(d) The recipient or intended recipient of the document;
(e) A brief description of the substance of the document;
(f) All persons who have received copies of the document or were shown copies
of the document, along with any identification of each such person.
RESPONSE: None.
41.A complete copy of Maria De Lourdes Santiago's Facebook data. (The link to
download all of the data from a Facebook account is found at
www.facehook.com in the account holder's "Account Settings" page in Facebook
-
"Download a copy of your Facebook data. ") Plaintiff, Maria De Lourdes
Santiago, and her attorneys are hereby put on notice to preserve Maria Dc
Lourdes Santiago's Facebook account, data, comments, status updates
photographs, and all other information contained in her Facebook account. Any
deletion of data from Maria De Lourdes Santiago's Facebook account will be
considered spoliation of evidence.
RESPONSE: Plaintiff is in the process of gathering documents responsive
to this request and will provide upon receipt.
42.All awards received by Maria De Lourdes Santiago for participation in any sports
team, league or activity, school performance or activity and church activity since
the date of the accident described in the complaint.
RESPONSE: None.
43.A copy of any digital photograph or video in the Plaintiffs possession, custody or
control depicting Maria De Lourdes Santiago, taken at any time on any type
camera, camcorder, mobile device or other electronic recording device, from the
date of the accident described in the complaint to the present. Any such
materials should be produced on a removable media storage device, e.g.
external hard drive, thumb drive, DVD or CD. Defendants will reimburse Plaintiff
for reasonable duplication expenses.
RESPONSE: See attached.
www.pendaslaw. corn
44.Ail documents concerning any extracurricular, educational and church-related
activity in which Maria De Lourdes Santiago has participated since the date of
the accident described in the complaint.
RESPONSE: None.
45.Execution and return of Request for Copy of Tax Return form, marked as Exhibit
"A".
RESPONSE: See attached.
46.Execution and return of Request for Social Security Earnings Information form,
marked as Exhibit 'B".
RESPONSE: See attached.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of the
Courts by using the ECF system (or eFiling Portal), which will send a notice of
electronic filing, and that a copy was served via Electronic Mail on this .
day of
October 17 to: William R. Gower, Esquire, Banker Lopez Gassier, P.A., 501 E.
Kennedy Blvd., Suite 1700, Tampa, FL 33602, (wQowerbankerlopez.com;
lwilliamson(äbankerlopez.com; qpinesbankeriopez.corn).
,,
1rchaerBryansnchez. (FB1Y5.106176)
The Pendás Law Firm
625 E. Colonial Drive
Orlando, Florida 32803
Tel: 407-352-3535
Fax: 407-770-6066
Attorney for Plaintiff
Designated e-mail Addresses:
Msanchezendaslaw.com;
ac1onzaIez(pendaslaw. corn;
pleadinqs(äpendasiaw.com
www.pendaslaw.com
Preview
Filing # 74414717 E-Filed 07/03/2018 07:40:17 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, STATE OF FLORIDA CIVIL DIVISION MARIA DE LOURDES SANTIAGO, Plaintiff, V. CASE NO.: 2017-CA-7719-0 THE BOAT HOUSE ORLANDO, LLC, Defendant. DEFENDANT'S MOTION TO COMPEL SOCIAL MEDIA COMES NOW the Defendant, THE BOAT HOUSE ORLANDO, LLC, by and through undersigned attorneys, and pursuant to Florida Rules of Civil Procedure 1.280 and 1.380, hereby files this Motion to Compel Plaintiff's response to Defendants' Request to Produce. In support thereof, the Defendant states unto the Court as follows: Factual Background 1. This action has been brought by the Plaintiff as a result of the Defendant's alleged negligent operation and/or maintenance of its premises. The Plaintiff alleged, and submitted QUr ebow,__h and,-knee, -collar-bone, -neck, right -shoulder, and-back that resulted due to the Defendant's negligence, as well as a lowered capacity for the enjoyment of life in light of those alleged injuries. 2. At Maria Santiago's deposition, the Plaintiff admitted that she maintained an active Facebook page both before and after the accident. (Maria Santiago depo. p. 29-32). She testified that she uses Facebook to share images and showing her enjoyment of her life. 3. On September 18, 2017, counsel for Defendant served its Request to Produce to Plaintiff (attached hereto as Exhibit "A") requesting electronic copies of Plaintiff's Facebook data. 4. Plaintiff filed her response to Defendant's Request to Produce stating "Plaintiff is in the process of gathering documents responsive to this request and will provide upon receipt." (Response attached hereto as Exhibit "B"). To date, no documents have been received and no object has been raised. 5. Counsel for the Defendant certifies that in good faith, he has conferred with Plaintiffs' counsel in an effort to secure the information or material without court action and has been unsuccessful in obtaining said information. WHEREFORE, the Defendant, THE BOAT HOUSE ORLANDO LLC, respectfully requests this Honorable Court enter an Order compelling production of all requests made in Defendant's Request to Produce and any other remedy this Court should deem just. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been furnished by e-mail delivery to Michael B. Sanchez, Esquire (msanchez@pendasiaw.corn; agonzalezpendaslaw.com; p is(ipendaslaw.com), The Pendas Law Firm, 625 E. Colonial Drive, Orlando, Florida 32803, Attorneyf r the Pia ntijj on July 2, By: /) Banker Lopez Gassier P.A. Service: service-wgower(bankerlopez.com 501 E. Kennedy Blvd, Suite 1700 Tampa, FL 33602 Phone: (813) 384-3980 Fax: (813) 222-3066 FBN: 015172 Attorney for the Defendant IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, STATE OF FLORIDA CIVIL DIVISION MARIA DE LOURDES SANTIAGO, Plaintiff, V. CASE NO.: 2017-CA-7719-0 THE BOAT HOUSE ORLANDO, LLC, Defendant. FIRST REOUEST TO PRODUCE TO PLAINTIFF Defendant, THE BOAT HOUSE ORLANDO, LLC, by and through its undersigned attorneys, pursuant to Rule of Civil Procedure 1.350, hereby requests the Plaintiff, MARIA DE LOURDES SANTIAGO, to produce for inspection and/or copying by counsel for Defendant, the following documents, said documents to be produced at the offices of the Defendant's attorneys located at 501 E. Kennedy Blvd., Suite 1700, Tampa, Florida 33602, and said documents to be produced on or before 30 days from date of service. 1. Federal Income Tax Returns, including W-2 forms, attachments, schedules and exhibits, for Plaintiffs for five years prior to the incident described in the complaint, and for any 2. All withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff(s) for the current calendar year. 3. All personnel, payroll and employment records from each of your employers for a five (5) year period preceding the date of the alleged incident and all such employers thereafter. 4. All documentation evidencing your wage loss claim. rn 5. Itemized medical bills incurred by you as a result of the subject incident. 6. All medical reports rendered by your treating and examining physicians following subject incident. 7. Copies of any and all statements made by the people present at the premises involved in the subject incident referred to in your complaint. 8. Copies of any and all statements made by any witness to the subject incident referred to in your complaint. 9. Copies of any and all statements made by Defendant pertaining to or concerning the subject incident referred to in your complaint. 10. Copies of any and all photographs of the premises involved in the subject incident referred to in your complaint. 11. Copies of all photographs of the premises involved in the incident referred to in your complaint which show conditions existing at the time of the incident which no longer exist now or which you intend to introduce into evidence in this case. 12. Copies of all photographs of the condition which you claim caused the incident referred to in your complaint which depict conditions which no longer exist or which you intend to introduce into evidence in this case. 13. Copies of any and all photographs of you depicting injuries received in the subject incident referred to in your complaint. 14. Copies of all photographs of you depicting any injuries received in the incident referred to in your complaint, which injuries no longer exist at the present time or present the same appearance or which you intend to introduce into evidence in this case. 15. Copies of any and all photographs of the condition which you claim caused the incident referred to in your complaint. 16. Any and all medical records from all health care providers of any type whatsoever who have provided any treatment to you for the ten (10) year period prior to the date of the incident alleged herein, and all such records from all health care providers since the time of this incident. 17. The originals or duplicates of any and all radiology films, including plain x-rays, CT scans, MRIs, etc. as well as copies of reports, readings, interpretations, etc. of such radiology films. 18. Plaintiffs are requested to produce a copy of any and all policies of liability insurance providing liability coverage to one or more of the Plaintiffs for claims arising out of the incident described in the Complaint, or, copies of any and all policies of insurance which allegedly provide liability insurance coverage to the Plaintiffs for the incident described in the Complaint. 19. Plaintiffs are requested to produce a copy of any and all policies of insurance of any kind or nature which could provide benefits to the plaintiffs by reason of incidents described in the Complaint. 20. Plaintiffs are requested to produce any property in the possession of the Defendants on the date of the incident described in the Complaint which has involved in the incident described in the Complaint and which property contains marks or damage as a result of the incident described in the Complaint or if such property no longer contains such marks or damage in the same condition as it did on the date of the incident described in the Complaint subsequent to said incident, then produce for examination copies of any and all photographs showing such marks or damage. 21. Plaintiffs are requested to produce Plaintiffs' motor vehicle described in the Complaint or if said motor vehicle is no longer available, any and all photographs of Plaintiffs' motor vehicle in the possession of the Plaintiffs. 22. Plaintiffs are requested to produce any written document, repair estimate or report of examination describing in anyway the nature and extent of the damage to Plaintiffs' property which occurred as a result of the incident described in the Complaint or any such documents reflecting conditions of the Plaintiffs' property immediately prior to the incident described in the Complaint which said conditions have "subsequently been repaired or corrected or no longer exist". 23. Plaintiffs are requested to produce copies of the front and back of any and all health insurance, Medicare, and/or Medicaid cards. 24. Any and all Veterans Administration records, identifying any Veterans Administration disability benefits or health care benefits that may have been provided by the Veterans Administration. 25. Any and all records evidencing Social Security past earnings and any benefits that you are presently receiving. 26. Any records of any kind whatsoever relating to any right of hospital lien, worker's compensation lien, Medicaid lien, right of subrogation by Champus, Medicare, or any lien or other subrogatable interest of any kind whatsoever that may relate to the payment of benefits for injuries that may in any way be related to the incident alleged. If you maintain that such records or documents are not within your care, custody or control, then you are requested to provide a complete list of the names and addresses of such entities who may have a right of lien or subrogated interest. 27. Any records evidencing releases or documents of any kind whatsoever that would evidence any settlement and/or release you have entered into with any party or entity of any kind whatsoever that may be involved in the alleged incident herein. 28. Photocopies of all notices provided to any collateral source provider of the commencement of this action and the claimant's intent to claim damages from the tortfeasor for items covered by such collateral source. Also provide any response or statement from all collateral source providers asserting its payment of collateral source benefits and a right of subrogation or reimbursement (see § 768.76, Fla.Stat. (1993). 29. All claim forms submitted by you pursuant to the policies of insurance referred to in these requests. 30. Copy of all driver's licenses presently issued to you. 31. Copy of the accident/incident report for the subject incident. 32. All ordinances, regulations, rules, statutes, published standard, and written publications upon which the subject claim is based. - videotapes, phonograph records, or other recorded drawings of real and personal property forming the basis of the subject claim so they may be inspected, copied, tested, surveyed, or measured. 34. All expert witnesses' reports, including doctors' reports, furnished to you or your attorney in anticipation of litigation or in the furtherance of litigation and trial. 35. A copy of any letter of protection provided by your counsel to any health care provider. 36. All bills or documents reflecting or relating to expenses incurred by you for transportation to obtain medical attention. 37. All other bills or documents related thereto not covered above which you expect to introduce into evidence at the time of trial to establish or corroborate any other expenses which you claim were related to this incident. 38. Any and all documents of whatever nature or kind which evidence any payments made to the Plaintiff or on their behalf or pursuant to: (a) the United States Social Security Act, any Federal, State or local income disability act, or any other public program providing medical expense, disability payments, or other similar benefits; (b) any health, sickness or income disability insurance, automobile accident insurance that provides health benefits or income disability coverage, and any other similar insurance benefits except life insurance benefits available to the you, whether purchased by them or provided by others; - any- contractor aRreement of 12ation, partnership or corporation to provide, pay for or reimburse the costs of hospital, medical, dental or other health care services; and (d) any contractual or voluntary wage continuation plan provided by employers or any other system intended to provide wages during the period of disability. 39. For any collateral source benefits whatsoever you have received in payment of medical expenses or lost wages which you contend are attributable to the incident described in your complaint, please produce: (a) A copy of any policy, explanation of benefits, or other document from each collateral source which explains the amount of such collateral source benefits and the manner or method of calculating such benefits; and (b) Any and all documents showing how much you paid, contributed or forfeited to secure the right to such collateral source benefits. 40. If any document is withheld on any claim of privilege, or otherwise, pursuant to current law, set forth the following: (a) The basis of the privilege claimed; (b) The author of the document; (c) The date of the document; (d) The recipient or intended recipient of the document; (e) A brief description of the substance of the document; (f) All persons who have received copies of the document or were shown copies of - the document, alqn 41. A complete copy of Maria De Lourdes Santiago's Facebook data. (The link to download all of the data from a Facebook account is found at www.facebook.com in the account holder's "Account Settings" page in Facebook - "Download a copy of your Facebook data. ") Plaintiff, Maria De Lourdes Santiago, and her attorneys are hereby put on notice to preserve Maria De Lourdes Santiago's Facebook account, data, comments, status updates, photographs, and all other information contained in her Facebook account. Any deletion of data from Maria De Lourdes Santiago's Facebook account will be considered spoliation of evidence. 42 All awards received by Maria De Lourdes Santiago for participation in any sports team, league or activity, school performance or activity and church activity since the date of the accident described in the complaint. 43 A copy of any digital photograph or video in the Plaintiff's possession, custody or control depicting Maria De Lourdes Santiago, taken at any time on any type camera, camcorder, mobile device or other electronic recording device, from the date of the accident described in the complaint to the present. Any such materials should be produced on a removable media storage device, e.g. external hard drive, thumb drive, DVD or CD. Defendants will reimburse Plaintiff for reasonable duplication expenses. 44. All documents concerning any extracurricular, educational and church-related activity in which Maria De Lourdes Santiago has participated since the date of the accident described in the complaint. 45. Execution and return of Request for Copy of Tax Return form, marked as Exhibit 46. Execution and return of Request for Social Security Earnings Information form, marked as Exhibit "B". CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been furnished by e-mail delivery to Michael B. Sanchez, Esquire (rnsanchez(pendaslaw.com; giependasiaw.com; pleadings(apendaslaw.com), The Pendas Law Firm, 625 E. Colonial Drive, Orlando, Florida 32803, Attorney for the Plaintiff, on September 18, 2017. /s/ William R. Gower, III William R. Gower, III, Esquire Florida Bar No: 105172 BANKER LOPEZ GASSLER P.A. 501 E. Kennedy Boulevard Suite 1700 Tampa, FL 33602 (813) 221-1500 Fax No: (813) 222-3066 Attorneys for Defendant service-wgower(à bankerlopez.coni IN-THE-CIRCUIT COURT OFTHE- NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA MARIA DE LOURDES SANTIAGO, CASE NUMBER: 2017-CA-.007719-0 Plaintiff, vs. THE BOAT HOUSE ORLANDO, LLC, Defendant. / RESPONSES TO DEFENDANT'S REQUEST TO PRODUCE TO PLAINTIFF COMES NOW, Plaintiff, MARIA DE LOURDES SANTIAGO, by and through her undersigned counsel, and, pursuant to Fla. R. Civ. P. Rule 1.350, here responds or objects to The Boat House Orlando, LLC, Request to Produce to Plaintiff, served on September 18, 2017: 1. Federal Income Tax Returns, including W2 forms, attachments, schedules and exhibits, for Plaintiffs for five years prior to the incident described in the complaint, and for any years since the incident. RESPONSE: See attached. 2. All withholding statements, pay envelopes, c itslips, or a other evidence ndar year. RESPONSE: None. 3. All personnel, payroll and employment records from each of your employers for a five (5) year period preceding the date of the alleged incident and all such employers thereafter. RESPONSE: None. r 4. All documentation evidencing your wage loss claim. RESPONSE: See attached. 5. Itemized medical bills incurred by you as a result of the subject incident. RESPONSE: See attached. 6. All medical reports rendered by your treating and examining physicians following subject incident. RESPONSE: See attached. 7. Copies of any and all statements made by the people present at the premises involved in the subject incident referred to in your complaint. RESPONSE: None. 8. Copies of any and all statements made by any witness to the subject incident referred to in your complaint. RESPONSE: None. 9. Copies of any and all statements made by Defendant pertaining to or concerning the subject incident referred to in your complaint. RESPONSE: None. 10.Copies of any and all photographs of the premises involved in the subject incident referred to in your complaint. RESPONSE: None. 11. Copies of all photographs of the premises involved in the incident referred to in your complaint which show conditions existing at the time of the incident which no longer exist now or which you intend to introduce into evidence in this case. RESPONSE: None. www.pendasiaw.com 12.Copies of all photographs of the condition which you claim caused the incident referred to in your complaint which depict conditions which no longer exist or which you intend to introduce into evidence in this case. RESPONSE: See attached. 13.Copies of any and all photographs of you depicting injuries received in the subject incident referred to in your complaint. RESPONSE: None. 14.Copies of all photographs of you depicting any injuries received in the incident referred to in your complaint, which injuries no longer exist at the present time or present the same appearance or which you intend to introduce into evidence in this case. RESPONSE: None. 15.Copies of any and all photographs of the condition which you claim caused the incident referred to in your complaint. RESPONSE: None. 16.Any and all medical records from all health care providers of any type whatsoever who have provided any treatment to you for the ten (10) year period prior to the date of the incident alleged herein, and all such records from all health care providers since the time of this incident. RESPONSE: None. 17. The originals or duplicates of any and all radiology films, including plain x-rays, CT scans, MRIs, etc. as well as copies of reports, readings, interpretations, etc. of such radiology films. RESPONSE: X-Ray, CT scans or MRI Films are not in Plaintiff's possession, but the X-Ray and MRI reports are attached. www.pendaslaw.com 18.Plaintiffs are requested to produce a copy of any and all policies of liability insurance providing liability coverage to one or more of the Plaintiffs for claims arising out of the incident described in the Complaint, or, copies of any and all policies of,insurance which allegedly provide liability insurance coverage to the Plaintiffs for the incident described in the Complaint. RESPONSE: None. 19.Plaintiffs are requested to produce a copy of any and all policies of insurance of any kind or nature which could provide benefits to the plaintiffs by reason of incidents described in the Complaint. RESPONSE: None. 20. Plaintiffs are requested to produce any property in the possession of the Defendants on the date of the incident described in the Complaint which has involved in the incident described in the Complaint and which property contains marks or damage as a result of the incident described in the Complaint or if such property no longer contains such marks or damage in the same condition as it did on the date of the incident described in the Complaint subsequent to said incident, then produce for examination copies of any and all photographs showing such marks or damage. RESPONSE: None. 21 Plaintiffs are requested to produce Plaintiffs' motor vehicle described in the Complaint or if said motor vehicle is no longer available, any and all photographs of Plaintiffs' motor vehicle in the possession of the Plaintiffs. RESPONSE: None. 22. Plaintiffs are requested to produce any written document, repair estimate or report of examination describing in anyway the nature and extent of the damage to Plaintiffs' property which occurred as a result of the incident described in the Complaint or any such documents reflecting conditions of the Plaintiffs' property immediately prior to the incident described in the Complaint which said conditions have "subsequently been repaired or corrected or no longer exist". RESPONSE: None. www.pendaslaw.com 23. Plaintiffs are requested to produce copies of the front and back of any and all health insurance, Medicare, and/or Medicaid cards. RESPONSE: None. 24.Any and all Veterans Administration records, identifying any Veterans Administration disability benefits or health care benefits that may have been provided by the Veterans Administration. RESPONSE: None. 25. Any and all records evidencing Social Security past earnings and any benefits that you are presently receiving. RESPONSE: None. 26.Any records of any kind whatsoever relating to any right of hospital lien, worker's compensation lien, Medicaid lien, right of subrogation by Champus, Medicare, or any lien or other subrogatable interest of any kind whatsoever that may relate to the payment of benefits for injuries that may in any way be related to the incident alleged. If you maintain that such records or documents are not within your care, custody or control, then you are requested to provide a complete list of the names and addresses of such entities who may have a right of lien or subrogated interest. RESPONSE: See attached. 27.Any records evidencing releases or documents of any kind whatsoever that would evidence any settlement and/or release you have entered into with any whatsoever thatmay be involvedL ir-thealleged incident herein. RESPONSE: None. 28. Photocopies of all notices provided to any collateral source provider of the commencement of this action and the claimant's intent to claim damages from the tortfeasor for items covered by such collateral source. Also provide any response or statement from all collateral source providers asserting its payment of collateral source benefits and a right of subrogation or reimbursement (see § 768.76, Fla.Stat. (1993). RESPONSE: See attached. www.pendaslaw.coin 29.All claim forms submitted by you pursuant to the policies of insurance referred to in these requests. RESPONSE: None. 30.Copy of all driver's licenses presently issued to you. RESPONSE: See attached. 31.Copy of the accident/incident report for the subject incident. RESPONSE: None. 32.All ordinances, regulations, rules, statutes, published standard, and written publications upon which the subject claim is based. RESPONSE: None. 33.All writings, drawings, graphs, charts, photographs, movies, slides, films, videotapes, phonograph records, or other recorded drawings of real and personal property forming the basis of the subject claim so they may be inspected, copied, tested, surveyed, or measured. RESPONSE: None. 34. All expert witnesses' reports, including doctors' reports, furnished to you or your attorney in anticivation of lidization or in the RESPONSE: Plaintiff will disclose expert witness in accordance with the Courts Trial Order. At this time Plaintiff does not have any written documentation from its experts. 35.A copy of any letter of protection provided by your counsel to any health care provider. RESPONSE: None. vvwpendastaw, corn 36.Afl bills or documents reflecting or relating to expenses incurred by you for transportation to obtain medical attention. RESPONSE: See attached. 37. All other bills or documents related thereto not covered above which you expect to introduce into evidence at the time of trial to establish or corroborate any other expenses which you claim were related to this incident. RESPONSE: Plaintiff will provide documents it intends to use at trial in accordance with the Court's Trial Order. 38. Any and all documents of whatever nature or kind which evidence any payments made to the Plaintiff or on their behalf or pursuant to: (a) the United States Social Security Act, any Federal, State or local income disability act, or any other public program providing medical expense, disability payments, or other similar benefits; (b) any health, sickness or income disability insurance, automobile accident insurance that provides health benefits or income disability coverage, and any other similar insurance benefits except life insurance benefits available to the you, whether purchased by them or provided by others; (c) any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the costs of hospital, medical, dental or other health care services; and (d) any contractual or voluntary wage continuation plan provided by employers or any other system intended to provide wages during the period of disability. RESPONSE: None 39. For any collateral source benefits whatsoever you have received in payment of medical expenses or lost wages whic incident described in your complaint, please produce: (a) A copy of any policy, explanation of benefits, or other document from each collateral source which explains the amount of such collateral source benefits and the manner or method of calculating such benefits; and (b) Any and all documents showing how much you paid, contributed or forfeited to secure the right to such collateral source benefits. RESPONSE: See attached, Optum Med payment Summary. www.peiidaslaw .com 40. If any document is withheld on any claim of privilege, or otherwise, pursuant to current law, set forth the following: (a) The basis of the privilege claimed; (b) The author of the document; (c) The date of the document; (d) The recipient or intended recipient of the document; (e) A brief description of the substance of the document; (f) All persons who have received copies of the document or were shown copies of the document, along with any identification of each such person. RESPONSE: None. 41.A complete copy of Maria De Lourdes Santiago's Facebook data. (The link to download all of the data from a Facebook account is found at www.facehook.com in the account holder's "Account Settings" page in Facebook - "Download a copy of your Facebook data. ") Plaintiff, Maria De Lourdes Santiago, and her attorneys are hereby put on notice to preserve Maria Dc Lourdes Santiago's Facebook account, data, comments, status updates photographs, and all other information contained in her Facebook account. Any deletion of data from Maria De Lourdes Santiago's Facebook account will be considered spoliation of evidence. RESPONSE: Plaintiff is in the process of gathering documents responsive to this request and will provide upon receipt. 42.All awards received by Maria De Lourdes Santiago for participation in any sports team, league or activity, school performance or activity and church activity since the date of the accident described in the complaint. RESPONSE: None. 43.A copy of any digital photograph or video in the Plaintiffs possession, custody or control depicting Maria De Lourdes Santiago, taken at any time on any type camera, camcorder, mobile device or other electronic recording device, from the date of the accident described in the complaint to the present. Any such materials should be produced on a removable media storage device, e.g. external hard drive, thumb drive, DVD or CD. Defendants will reimburse Plaintiff for reasonable duplication expenses. RESPONSE: See attached. www.pendaslaw. corn 44.Ail documents concerning any extracurricular, educational and church-related activity in which Maria De Lourdes Santiago has participated since the date of the accident described in the complaint. RESPONSE: None. 45.Execution and return of Request for Copy of Tax Return form, marked as Exhibit "A". RESPONSE: See attached. 46.Execution and return of Request for Social Security Earnings Information form, marked as Exhibit 'B". RESPONSE: See attached. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of the Courts by using the ECF system (or eFiling Portal), which will send a notice of electronic filing, and that a copy was served via Electronic Mail on this . day of October 17 to: William R. Gower, Esquire, Banker Lopez Gassier, P.A., 501 E. Kennedy Blvd., Suite 1700, Tampa, FL 33602, (wQowerbankerlopez.com; lwilliamson(äbankerlopez.com; qpinesbankeriopez.corn). ,, 1rchaerBryansnchez. (FB1Y5.106176) The Pendás Law Firm 625 E. Colonial Drive Orlando, Florida 32803 Tel: 407-352-3535 Fax: 407-770-6066 Attorney for Plaintiff Designated e-mail Addresses: Msanchezendaslaw.com; ac1onzaIez(pendaslaw. corn; pleadinqs(äpendasiaw.com www.pendaslaw.com