Filing # 59514264 E-Filed 07/26/2017 09:21:41 AM
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`IN THE COUNTY COURTOF THE17th JUDICIAL CIRCUIT, IN AND FOR
`BROWARD COUNTY, FLORIDA
`
`GENERAL JURISDICTION DIVISION
`CASE NO.: COSO-17-005415
`
`JD RESTORATION,INC.
`A/A/O ROBERT ARCHIBALD,
`
`Plaintiff,
`
`VS.
`
`CITIZENS PROPERTY INSURANCE
`CORPORATION,
`
`Defendant.
`
`/
`
`PLAINTIFF’S RESPONSE TO DEFENDANT’S
`FIRST REQUEST FOR PRODUCTION
`
`Plaintiff, JD RESTORATION INC., by and through the undersigned counsel, files this
`Response to Defendant’s Request for Production as follows:
`
`RESPONSE
`
`1. Copies of any and all agreements between JD RESTORATION,INC. and United Claims
`Adjusters any other party regarding the subject of the Complaint for the last five years.
`
`RESPONSE: Objection. Vague as phrased, unduly and unnecessarily burdensome,
`irrelevant, and not reasonably calculated to lead to the discovery of admissible
`evidence.
`
`2. Copies of any and all agreements or assignments between United Claims Adjuster for the
`last five years.
`
`RESPONSE: Objection. Vague as phrased, overbroad, unduly and unnecessarily
`burdensome,irrelevant, and not reasonably calculated to lead to the discovery of
`admissible evidence.
`
`3. Copies of any and all documents that describes the relationship between Plaintiff and
`Plaintiffs counsel for the last five years.
`
`ILG File #: 5814_Claim #: 001-00-085218 Case #: COSO-17-005415
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`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK7/26/2017 9:21:41 AM.***#*
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`

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`RESPONSE: Objection. Vague as phrased, overbroad, unduly and unnecessarily
`burdensome, irrelevant, and not reasonably calculated to lead to the discovery of
`admissible evidence.
`
`Copies of any and all time audits, time slips or other documentation for the technicians
`whoperformedthe air quality services at the subject premises.
`
`RESPONSE: Objection. Vague as phrased. Notwithstanding said objection, refer to
`the documents in connection with this subject loss attached hereto.
`
`Copies of all photographs, recordings or videos taken both prior or subsequent
`performing services at the subjectloss.
`
`to
`
`RESPONSE; Objection. Vague as phrased and overbroad. Plaintiff objects as this
`request seeks items that are beyond Plaintiff's knowledge and services; therefore,
`irrelevant, unduly and unnecessarily burdensome, and not reasonably calculated to
`lead the discovery of admissible evidence. Notwithstanding said objections, see
`photographs taken by Plaintiff in connection with this loss attached hereto; this
`request
`is best directed to the Insured/Homeowner for any additional
`items
`responsive to this request.
`
`Copies of any andall contracts, retainer agreements or other documentation that identifies
`Plaintiff's relationship with the insured’s Public Adjuster, if applicable, for the 5 years
`prior to the loss alleged in Plaintiff's complaint.
`
`RESPONSE: Objection. Repetitive, vague as phrased, overbroad, unduly and
`unnecessarily burdensome,irrelevant, and not reasonably calculated to lead to the
`discovery of admissible evidence.
`
`Copies of any andall estimates, proposals or other documentation pertaining to the services
`performed that are the subject of Plaintiff's Complaint.
`
`RESPONSE: Objection. Vague as phrased. Notwithstanding said objection, see the
`attached documents and refer specifically to the invoice prepared by Plaintiff in
`connection with this loss attached hereto;
`this request is best directed to the
`Insured/Homeownerfor any additional items responsive to this request.
`
`. Any andall receipts, invoices, or other evidence of either charges or payments for services
`rendered to repair or service the dwelling damages alleged to have been the result of the
`subject incident, including plumbingand interior damage.
`
`RESPONSE; Objection. Vague as phrased and overbroad. Plaintiff objects as this
`request secks documents that extends beyond Plaintiff's knowledge and services;
`therefore, irrelevant, unduly and unnecessarily burdensome, and not reasonably
`calculated to lead the discovery of admissible evidence. Notwithstanding said
`objections, see the attached documents andrefer specifically to the invoice prepared
`
`
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`ILG File #: 5814=Claim #: 001-00-085218 Case #: COSO-17-005415
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`

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`by Plaintiff for mitigation services Plaintiff provided in connection with this loss
`attached hereto; this request is best directed to the Insured/Homeowner for any
`additional documents responsive to this request.
`
`Copies of all payments madeto the Plaintiff by the Defendant.
`
`RESPONSE: Objection. Vague as phrased, unduly and unnecessarily burdensome
`overbroad, irrelevant, and not reasonably calculated to lead to the discovery of
`admissible evidence. Plaintiff also objects as this request seeks documents and/or
`information that the Defendant
`is reasonably expected to already have in its
`possession. Notwithstanding said objections, none as Defendant has not issued a
`paymentin connection with this loss to present date.
`
`10.
`
`invoices, cancelled checks or any other documentation of
`All bills, repair estimates,
`charges or payments madeforthe services provided by Plaintiff as alleged in the complaint.
`
`RESPONSE: Objection. Vague as phrased and repetitive. Notwithstanding said
`objections, see the invoice attached hereto. Refer also to Plaintiff's responses to
`request numbers7 and 8 above.
`
`11.
`
`Anyandall correspondence between the Defendantand the Plaintiff or the insured, and/or
`their Agent(s) regarding the loss involved in this lawsuit.
`
`as phrased and unduly and_ unnecessarily
`RESPONSE: Objection. Vague
`burdensome. Plaintiff also objects as this request seeks documents that the Defendant
`is reasonably expected to already havein its possession.
`
`12.
`
`All Estimate Auto Trails or other documents that were used by the Plaintiff, in determining
`the cost of repairs and replacements for both structural parts of the claim as well as any
`contents.
`
`to the meaning and
`RESPONSE: Objection. Vague as phrased, vague as
`interpretation of “repairs” and “Estimate Auto Trails”, overbroad, unduly and
`unnecessarily burdensome, irrelevant, and not reasonably calculated to lead to the
`discovery of admissible evidence. Notwithstanding said objections, see the water
`mitigation documents concerning services provided by the Plaintiff attached hereto.
`
`13.
`
`All documentation that would support that all services provided were reasonable and
`necessary.
`
`RESPONSE: Objection. Vague as phrased and overbroad. Notwithstanding said
`objections, see the water mitigation documents concerning services provided by the
`Plaintiff attached hereto; this request is also best directed to the Insured/Homeowner
`for any additional information responsive to this request.
`
`
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`ILG File #: 5814=Claim #: 001-00-085218 Case #: COSO-17-005415
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`

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`14.
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`All policies and procedures, protocols, methods or guidelines used by Plaintiff to inspect
`and perform all services on the subject premises.
`
`RESPONSE: Objection. Vague as phrased, overbroad, unduly and unnecessarily
`burdensome, and not reasonably calculated to lead to the discovery of admissible
`evidence.
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`15.
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`Copies of all Estimate Auto Trails or appraisals for all similar mitigation services or
`restorations performedby Plaintiff in the last three years.
`
`to the meaning and
`RESPONSE: Objection. Vague as phrased, vague as
`interpretation of “Estimate Auto Trails”, overbroad, unduly and unnecessarily
`burdensome, irrelevant, and not reasonably calculated to lead to the discovery of
`admissible evidence.
`
`16.
`
`Copiesofall licenses issued to Plaintiff or Plaintiff's employees that were in effect at the
`time of the loss which is the subject of Plaintiff's Complaint.
`
`RESPONSE: Objection. Vague as phrased, overbroad, and unduly and unnecessarily
`burdensome. Plaintiff also objects to the extent this request seeks information thatis
`a matter of public record and equally obtainable by Defendant. Notwithstanding said
`objections, Plaintiff is currently in the process of gathering and obtaining additional
`information and documents concerning repairs made as a result of this loss, which
`are not currently in his possession at this time.
`
`17.
`
`All notices to the Defendant from Plaintiff, prior to performing service relating to the
`subject loss.
`
`RESPONSE: Objection. Vague as phrased, calls for legal conclusion and/or policy
`interpretations, and unduly and unnecessarily burdensome. Plaintiff also objects as
`this request seeks documents that the Defendant is reasonably expected to already
`havein its possession. Notwithstanding said objections and to the best of Plaintiff’s
`knowledge andrecollection at this time, none.
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`(CERTIFICATE OF SERVICE TO FOLLOW)
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`
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`ILG File #: 5814=Claim #: 001-00-085218 Case #: COSO-17-005415
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`CERTIFICATE OF SERVICE FOR PLAINTIFEFE’S RESPONSE TO
`DEFENDANT’S REQUEST FOR PRODUCTION
`
`I CERTIFYthat the foregoing documentis being served on July 26, 2017, via an automatic
`email generated by the Florida Courts E-Filing Portal to: Evan Marowitz, Esq., Michaud,
`Mittelmark, Marowitz & Asrani, PLLC (pleadings@michardlaw.com).
`
`INSURANCELITIGATION GROUP, P.A.
`
`
`AttorneyPlaintifffor
`1500 NE 162"Street
`Miami, Florida 33162
`Telephone:
`(786) 529-0090
`Facsimile:
`(866) 239-9520
`E-Mail: service@restorationlaw.com
`
`By:
`
`
`/s/ Jennifer A. Ramage
`JENNIFER A. RAMAGE, ESQ.
`FL Bar No. 86808
`
`
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`ILG File #: 5814=Claim #: 001-00-085218 Case #: COSO-17-005415
`
`