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Filing # 64921347 E-Filed 12/04/2017 02:58:15 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY FLORIDA
JEAN DUME,
Plaintiff, Case No: 2017-CA-007422-O
vs.
JONATHAN J. BURGIEL,
Defendant.
________________________________________
PLAINTIFF'S RESPONSE TO DEFENDANT'S
REQUESTS FOR PRODUCTION
COMES NOW, the Plaintiff, JEAN DUME, and hereby files this, the Plaintiff's
Response to the Defendant's Request for Production served November 7, 2017, and states as
follows:
1. If you are making a claim for lost wages or reduction in future earning capacity,
please provide copies of any evidence of income for the two years prior to the year of
the accident and during the year of the accident.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
2. If unable to provide documents responsive to Request No. 1, please
produce signed authorizations utilizing the forms attached hereto as Composite Exhibit
"A", allowing Defendant to obtain copies of your income tax returns from the Internal
Revenue Service (Request for Copy of Tax Return, Form 4506), Plaintiff's earnings
record from Social Security (Request for Social Security Earnings, Form SSA- 7050-F4
(1-2004)), and disability benefits information from Social Security (Consent for Release
of Information, Form SSA-3288 (5-2007)).
RESPONSE: Please see executed forms attached.
3. Copies of any applications for employment made by the Plaintiff three (3) years
prior to the accident or since the accident until this Request to Produce is due.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
4. Copy of the registration and title to the motor vehicle which was involved in the
accident.
RESPONSE: Please find a copy attached.
5. A copy of Plaintiff's driver's license.
RESPONSE: Please find a copy attached.
6. All repair estimates for vehicle damage to any vehicle involved in the accident
or any damage to property as a result of the accident.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
7. All photographs, slides, movie films, and video tapes taken of any of the
vehicles involved in the accident.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
8. Any and all photographs, graphs, charts and other documentary evidence of the
scene of the accident or the parties involved or pertaining to the alleged accident,
occurrence or issues in this cause.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
9. Any and all statements obtained by you, your attorney, your insurance carrier or
anyone acting on your behalf from any person regarding any of the events or
happenings referred to in the pleadings.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
10. Any and all insurance policies providing benefits or coverage to the Plaintiff for
any claim to injury or damage from the alleged subject incident or occurrence.
11. Any and all applications and/or claims submitted by the Plaintiff or on his/her
behalf for any payments and/or benefits of any type to pay the damages described in
the Complaint including but not limited to payments for medical expenses, funeral
expenses, lost wages, loss of earning capacity and any period of disability following
the accident, including but not limited to all claims for personal injury protection
benefits, medical payments benefits, liability insurance benefits, uninsured motorist
benefits, and all other claims to some person, business, business organization,
insurru1ce carrier or governmental entity to pay the same items of expense claimed by
the Plaintiff in this lawsuit.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
12. All medical, surgical, x-ray, dental, rehabilitative, ambulance, hospital, nursing
care, physical therapy, or massage treatment reports, records, and statements for
services concerning the treatment, examination and/or evaluation of the Plaintiff at any
time, both before and after the accident set forth in the Complaint, for any condition
which the Plaintiff claims was caused and/or aggravated by the incident set forth in
the Complaint. Be sure to include itemized statements indicating the dates service was
rendered by the provider, the amount charged and the amount paid to date.
RESPONSE: Plaintiff has produced a copy of all medical records and bills in his
custody.
13. Copies of any and all medical records, hospital records, emergency room
records and records from any health care provider pe1taining to the treatment of
Plaintiff(s) for any reason in the five (5) years prior to the within incident.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
14. Copies of any and all medical records, hospital records, emergency room records
and records from any health care provider pertaining to the treatment of Plaintiff(s) for
any reason since the within incident.
RESPONSE: Plaintiff has produced a copy of all medical records and bills in his
custody.
15. Copies of any and all medical bills and/or statements for services rendered, paid
or unpaid, as a result of the within incident, including any bills for drugs or other
related expenses.
RESPONSE: Plaintiff has produced a copy of all medical records and bills in his
custody.
16. Copies of any and all bills, statements or receipts relating to any non-medical
expenses claimed as damages in this lawsuit which have not been produced in response to
any of the preceding paragraphs.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
17. Any and all x-rays or MRI films or CT scans taken of the Plaintiff as a result of
the subject accident.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
18. Any and all x-rays or MRI films or CT scans in the Plaintiff's possession.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
19. For any records not in your possession at this time, please produce a signed
authorization(s) in the form attached to this pleading as Exhibit "B", authorizing the
release of the medical records to our office in order to evaluate this claim.
RESPONSE: Please find executed documents attached.
20. Copy of the accident report.
RESPONSE: Please find a copy of the report attached.
21. Copy of the PIP payout sheet and/or declarations page regarding any personal
injury protection benefits or med pay benefits.
RESPONSE: Plaintiff has produced a copy of the PIP Log in his possession.
22. Copies of any and all letters of protection from any and all medical providers.
RESPONSE: Plaintiff has produced a copy of all LOP’s in his possession.
23. Copies of any and all correspondence, letters, or other documentation provided
to any medical providers.
RESPONSE: Plaintiff has produced a copy of all letters in his possession.
24. All documents, papers or evidence to be introduced at trial.
RESPONSE: Plaintiff has not determined what evidence will be introduced at trial.
Plaintiff reserves the right to amend this answer as discovery progresses.
25. All expert reports from any experts who will testify at trial.
RESPONSE: Objection, this request seeks premature disclosure of experts Plaintiff
has not determined who will testify at trial. Plaintiff reserves the right to amend this
answer as discovery progresses
26. Please provide any and all cell and/or mobile phone carrier records and/or
documentation including, but not limited to, billing statement(s) for February 11, 2015
that were owned and/or used by the Plaintiff on February 11, 2015.
RESPONSE: Plaintiff does not have any documents
27. A full and complete copy print including of Plaintiff, and any and all known and
unknown aliases, but not limited to, photographs, comments, messages, tweets, replies,
and emails from social media accounts including, but not limited to, Facebook,
MySpace, Linkedln, MyLife, Comfibook, Corporationwiki, Classmates, Twitter,
Instragram and Pininterest from February 11, 2015 until this Request to Produce is due.
RESPONSE: My Facebook account is under my name Jean Dume. You are welcome to
look at my account. It is saved on my phone, and I can open the application for your
review.
28. Please produce any computer recorded information from the vehicle, including
any and all data obtained, recorded or received by any computer recording device in the
vehicle, including the original recording device itself, such as "black box", together
with any additional data retrieved from any computer system aboard the vehicle that
would relate any facts about the subject accident, including but not limited to data and
time of crash, speed, seat belt use, air-bag deployment, activation of brakes, lights, or
other functions and features of the vehicle, including Delta-V.
RESPONSE: Plaintiff does not have any documents to produce responsive to this
request.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 4 day of December, 2017, a true and correct
copy of the foregoing was filed with the Clerk of the Court by using the Florida Courts e-
Filing Portal, which will send an automatic e-mail message to the following parties
registered with the E-Filing Portal System: Angel J. Lamarre, Esquire.
/s/Riley Cho
RILEY J. CHO, Esq.
Florida Bar No.: 116891
JEREMY L. HOGAN, Esq.
Florida Bar No.: 12578
HOGAN & HOGAN, P.A.
906 East Michigan Street
Orlando, FL 32806
Tel. 407.422.2188
Fax 407.422.3291
rcho@hoganlegal.com
jhogan@hoganlegal.com
scunningham@hoganlegal.com
Attorneys for Plaintiff
Tel. 407.422.2188 | Fax 407.422.3291
Attorneys for Plaintiff
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Filing # 64921347 E-Filed 12/04/2017 02:58:15 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY FLORIDA JEAN DUME, Plaintiff, Case No: 2017-CA-007422-O vs. JONATHAN J. BURGIEL, Defendant. ________________________________________ PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUESTS FOR PRODUCTION COMES NOW, the Plaintiff, JEAN DUME, and hereby files this, the Plaintiff's Response to the Defendant's Request for Production served November 7, 2017, and states as follows: 1. If you are making a claim for lost wages or reduction in future earning capacity, please provide copies of any evidence of income for the two years prior to the year of the accident and during the year of the accident. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 2. If unable to provide documents responsive to Request No. 1, please produce signed authorizations utilizing the forms attached hereto as Composite Exhibit "A", allowing Defendant to obtain copies of your income tax returns from the Internal Revenue Service (Request for Copy of Tax Return, Form 4506), Plaintiff's earnings record from Social Security (Request for Social Security Earnings, Form SSA- 7050-F4 (1-2004)), and disability benefits information from Social Security (Consent for Release of Information, Form SSA-3288 (5-2007)). RESPONSE: Please see executed forms attached. 3. Copies of any applications for employment made by the Plaintiff three (3) years prior to the accident or since the accident until this Request to Produce is due. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 4. Copy of the registration and title to the motor vehicle which was involved in the accident. RESPONSE: Please find a copy attached. 5. A copy of Plaintiff's driver's license. RESPONSE: Please find a copy attached. 6. All repair estimates for vehicle damage to any vehicle involved in the accident or any damage to property as a result of the accident. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 7. All photographs, slides, movie films, and video tapes taken of any of the vehicles involved in the accident. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 8. Any and all photographs, graphs, charts and other documentary evidence of the scene of the accident or the parties involved or pertaining to the alleged accident, occurrence or issues in this cause. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 9. Any and all statements obtained by you, your attorney, your insurance carrier or anyone acting on your behalf from any person regarding any of the events or happenings referred to in the pleadings. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 10. Any and all insurance policies providing benefits or coverage to the Plaintiff for any claim to injury or damage from the alleged subject incident or occurrence. 11. Any and all applications and/or claims submitted by the Plaintiff or on his/her behalf for any payments and/or benefits of any type to pay the damages described in the Complaint including but not limited to payments for medical expenses, funeral expenses, lost wages, loss of earning capacity and any period of disability following the accident, including but not limited to all claims for personal injury protection benefits, medical payments benefits, liability insurance benefits, uninsured motorist benefits, and all other claims to some person, business, business organization, insurru1ce carrier or governmental entity to pay the same items of expense claimed by the Plaintiff in this lawsuit. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 12. All medical, surgical, x-ray, dental, rehabilitative, ambulance, hospital, nursing care, physical therapy, or massage treatment reports, records, and statements for services concerning the treatment, examination and/or evaluation of the Plaintiff at any time, both before and after the accident set forth in the Complaint, for any condition which the Plaintiff claims was caused and/or aggravated by the incident set forth in the Complaint. Be sure to include itemized statements indicating the dates service was rendered by the provider, the amount charged and the amount paid to date. RESPONSE: Plaintiff has produced a copy of all medical records and bills in his custody. 13. Copies of any and all medical records, hospital records, emergency room records and records from any health care provider pe1taining to the treatment of Plaintiff(s) for any reason in the five (5) years prior to the within incident. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 14. Copies of any and all medical records, hospital records, emergency room records and records from any health care provider pertaining to the treatment of Plaintiff(s) for any reason since the within incident. RESPONSE: Plaintiff has produced a copy of all medical records and bills in his custody. 15. Copies of any and all medical bills and/or statements for services rendered, paid or unpaid, as a result of the within incident, including any bills for drugs or other related expenses. RESPONSE: Plaintiff has produced a copy of all medical records and bills in his custody. 16. Copies of any and all bills, statements or receipts relating to any non-medical expenses claimed as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 17. Any and all x-rays or MRI films or CT scans taken of the Plaintiff as a result of the subject accident. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 18. Any and all x-rays or MRI films or CT scans in the Plaintiff's possession. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. 19. For any records not in your possession at this time, please produce a signed authorization(s) in the form attached to this pleading as Exhibit "B", authorizing the release of the medical records to our office in order to evaluate this claim. RESPONSE: Please find executed documents attached. 20. Copy of the accident report. RESPONSE: Please find a copy of the report attached. 21. Copy of the PIP payout sheet and/or declarations page regarding any personal injury protection benefits or med pay benefits. RESPONSE: Plaintiff has produced a copy of the PIP Log in his possession. 22. Copies of any and all letters of protection from any and all medical providers. RESPONSE: Plaintiff has produced a copy of all LOP’s in his possession. 23. Copies of any and all correspondence, letters, or other documentation provided to any medical providers. RESPONSE: Plaintiff has produced a copy of all letters in his possession. 24. All documents, papers or evidence to be introduced at trial. RESPONSE: Plaintiff has not determined what evidence will be introduced at trial. Plaintiff reserves the right to amend this answer as discovery progresses. 25. All expert reports from any experts who will testify at trial. RESPONSE: Objection, this request seeks premature disclosure of experts Plaintiff has not determined who will testify at trial. Plaintiff reserves the right to amend this answer as discovery progresses 26. Please provide any and all cell and/or mobile phone carrier records and/or documentation including, but not limited to, billing statement(s) for February 11, 2015 that were owned and/or used by the Plaintiff on February 11, 2015. RESPONSE: Plaintiff does not have any documents 27. A full and complete copy print including of Plaintiff, and any and all known and unknown aliases, but not limited to, photographs, comments, messages, tweets, replies, and emails from social media accounts including, but not limited to, Facebook, MySpace, Linkedln, MyLife, Comfibook, Corporationwiki, Classmates, Twitter, Instragram and Pininterest from February 11, 2015 until this Request to Produce is due. RESPONSE: My Facebook account is under my name Jean Dume. You are welcome to look at my account. It is saved on my phone, and I can open the application for your review. 28. Please produce any computer recorded information from the vehicle, including any and all data obtained, recorded or received by any computer recording device in the vehicle, including the original recording device itself, such as "black box", together with any additional data retrieved from any computer system aboard the vehicle that would relate any facts about the subject accident, including but not limited to data and time of crash, speed, seat belt use, air-bag deployment, activation of brakes, lights, or other functions and features of the vehicle, including Delta-V. RESPONSE: Plaintiff does not have any documents to produce responsive to this request. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 4 day of December, 2017, a true and correct copy of the foregoing was filed with the Clerk of the Court by using the Florida Courts e- Filing Portal, which will send an automatic e-mail message to the following parties registered with the E-Filing Portal System: Angel J. Lamarre, Esquire. /s/Riley Cho RILEY J. CHO, Esq. Florida Bar No.: 116891 JEREMY L. HOGAN, Esq. Florida Bar No.: 12578 HOGAN & HOGAN, P.A. 906 East Michigan Street Orlando, FL 32806 Tel. 407.422.2188 Fax 407.422.3291 rcho@hoganlegal.com jhogan@hoganlegal.com scunningham@hoganlegal.com Attorneys for Plaintiff Tel. 407.422.2188 | Fax 407.422.3291 Attorneys for Plaintiff