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"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
},
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"value": "**IN THE CIRCUIT COURT OF THE** **FIFTEENTH JUDICIAL CIRCUIT IN AND FOR** **PALM BEACH COUNTY COUNTY, FLORIDA** **CASE NUMBER:** **ARTHUR SCHEMAN & TRUDE** **SCHEMAN, ** **Plaintiffs, ** **v. ** **STATE FARM FLORIDA INSURANCE** **COMPANY, ** **Defendant. ** **___________________________________/** **COMPLAINT & DEMAND FOR JURY TRIAL** **COMES NOW, ** Plaintiffs, Arthur Scheman & Trude Scheman, by and through the undersigned counsel and sues Defendant, State Farm Florida Insurance Company, and alleges as follows: This is an action for breach of contract with damages greater than Fifty Thousand Dollars ($50, 000. 00), exclusive of interest, costs, and attorney’s fees. At all material times hereto, Plaintiffs, Arthur Scheman & Trude Scheman (hereinafter “Plaintiffs”), were and are Florida resident. At all material times hereto, Defendant, State Farm Florida Insurance Company, was a corporation duly licensed to transact insurance business in the State of Florida. Defendant does business, has offices, and/or maintained agents for the transaction of its customary business in Palm Beach County County, Florida. Jurisdiction and venue of this matter are proper in Circuit Court for Palm Beach County County, Florida. ----- Prior to September 27, 2022, Plaintiffs sought and purchased property insurance from Defendant to cover their property located at 9860 Donato Way, Lake Worth, Florida, 33467, (hereinafter “Plaintiffs’ Property”). Said policy of insurance, which is believed to be policy number 7Y-CY-A815-0 (hereinafter “Plaintiffs’ Policy”), was issued by Defendant to Plaintiffs to provide insurance coverage that included, but was not limited to, coverage afforded to protect Plaintiffs’ Property against Hurricane damage. Plaintiffs’ Policy was in full force and effect as of September 27, 2022. A formal copy of the Plaintiffs’ Policy is not currently in the possession of Plaintiffs, but is well known to Defendant, and has been requested by Plaintiffs through a Request to Produce, which has been served upon Defendant contemporaneously with this Complaint. See: Equity Premium, Inc. v. Twin City Fire Ins. Co. , 956 So. 2d 1257 (Fla 4th DCA 2007); Amiker v. Mid-Century Ins. Co. , 398 So. 2d 974 (Fla 1st DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co. , 393 So. 2d 1171 (Fla. 3rd DCA 1981) and Sasche v. Tampa Music Co. , 262 So. 2d 17( Fla. 2nd DCA 1972). On or about September 27, 2022, Plaintiffs’ Property was damaged by a Hurricane event. Said Hurricane event was covered under Plaintiffs’ Policy, and Defendant assigned the loss as claim number 59-64H1-04Q. This is an action related to Defendant’s breach of contract for failure to fully indemnify Plaintiffs from loss. **COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT** **COMES NOW, Plaintiffs, Arthur Scheman & Trude Scheman, by and through the** undersigned counsel and sue Defendant, State Farm Florida Insurance Company, and alleges as follows: ----- Plaintiffs re-alleges paragraphs 1 through 8 above and incorporates the same by reference herein. Plaintiffs are a named insured under Plaintiffs’ Policy which was in full force and effect all times material to this Complaint. Plaintiffs have complied with all conditions precedent to this lawsuit which entitles Plaintiffs to recover under Plaintiffs’ Policy, or any such conditions have been waived by the Defendant. Despite demand for payment, Defendant has failed or refused fully indemnify Plaintiffs from the amount of loss. Defendant’s refusal to reimburse Plaintiffs adequately for damages, and otherwise make Plaintiffs whole, constitutes a breach of contract. Plaintiffs have been damaged as a result of Defendant’s breach in the form of insurance proceeds which have not been paid, interest, costs, and attorney’s fees. Plaintiffs have been and remain fully prepared to comply with all of the Policy’s obligations. As a result of Defendant’s breach of contract, it has become necessary that Plaintiffs retain the services of the undersigned attorneys pursuant to Sections 627. 70152 (July 1, 2021), 428 (July 1, 2021), 626. 9373 (July 1, 2021), 57. 041, 57. 104, Florida Statutes. Plaintiffs are obligated to pay a reasonable fee for the undersigned attorney’s services in bringing this action, plus necessary costs. Plaintiffs are entitled to recover attorney’s fees and costs under Sections 627. 70152 (July 1, 2021), 627. 428 (July 1, 2021), 626. 9373 (July 1, 2021), 57. 041, 57. 104, Florida Statutes. ----- **WHEREFORE, Plaintiffs, Arthur Scheman & Trude Scheman, by and through the** undersigned counsel, demands judgment against Defendant, State Farm Florida Insurance Company, for all damages with interest, costs, attorney fees pursuant to Sections 627. 70152 (July 1, 2021), 627. 428 (July 1, 2021), 626. 9373 (July 1, 2021), 57. 041, 57. 104, Florida Statutes, and for all other remedies the Court sees fit to grant, and Plaintiff demands trial by jury. **CERTIFICATE OF SERVICE** **I HEREBY CERTIFY that a true and correct copy of this document will be served on** Defendant along with the Summons in this action. **: September 5, 2024** _/s/Dalya Zalloum_ **COHEN LAW GROUP** Dalya Zalloum, Esq. _FOR THE FIRM_ Florida Bar Number: 1002903 350 North Lake Destiny Road Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Primary: DZalloum@itsaboutjustice. law Secondary: -----"
},
{
"from": "gpt",
"value": "IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ARTHUR SCHEMAN & TRUDE SCHEMAN, Plaintiffs, _Ê_ vs. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. ____________________________________/ **DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO** **PLAINTIFFS** Defendant, STATE FARM FLORIDA INSURANCE COMPANY, (hereinafter “State Farm” or “Defendant”), pursuant to Rule 1. 350, Florida Rules of Civil Procedure, hereby requests that Plaintiffs, ARTHUR SCHEMAN & TRUDE SCHEMAN (“Plaintiffs”), produce the following for inspection and/or copying at the offices of the undersigned counsel within 30 days after service of this request. You are advised that you shall serve a written response to this Request for Production within the time period set forth above. For each of the designated items or categories of documents listed below, you shall state in your response the documents are attached unless the request is objected to, in which event you must state the reasons for your objections. You are further notified that upon production of the requested documents, you shall either produce them as they are kept in the usual course of business or shall identify them to correspond with the categories in this Request. The Plaintiffs shall produce all documents within their possession, custody, or control, including but not limited to all documents in the possession, ----- Ê custody, or control of their attorneys, directors, officers, employees, agents, accountants or representatives. If any document cannot be produced in full, produce it to the extent possible and identify each page or portion of the document withheld and the reasons it has been withheld. DEFINITIONS Ê The term \"documents\" means and includes, without limitation, all writings of any kind, including the originals and all non-identical copies or drafts, whether printed, recorded, stored, or reproduced by any mechanical or electronic process or written or produced by hand, including computer tapes (and backup tapes), whether different from the original by reason of any notation made on such copy or draft or otherwise including, without limitation, correspondence, memoranda, notes, diaries, statistics, letters, e-mail, electronic computer files, telegrams, minutes, contracts, reports, accident reports, incident reports, studies, calculations, computations, surveys, checks, statements, receipts, returns, summaries, pamphlets, books, prospectuses, circulars, trade letters, advertisements, interoffice communications, offers, notations of any sort of conversation(s), telephone calls, meetings or other communications, bulletins, printed matter, computer print-outs, teletypes, facsimiles, invoices, work sheets and all drafts, alterations, modifications, changes, and amendments of any of the foregoing, graphic or aural writs, records or representations of any kind including, without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures; and electronic, mechanical or electric records or representations of any kind including, without limitation, tapes, cassettes and disc recordings, and writings and printed material of every kind, whether or not the document is out of your possession, custody or control. Ê The term \"correspondence\" means any tangible object that conveys information or memorializes information that was conveyed in tangible or oral form including, but not limited to, writings, letters, memoranda, electronic mail (otherwise known as “e-mail”), facsimiles, reports, notes, telegrams and interoffice communication. Ê The term \"relating to\" as used herein is defined to mean evidencing, referring to, pertaining to, consisting of, reflecting, concerning, or in any way logically or factually connected with the matters discussed. Ê The term “property” or “subject property” refers to the property located at 9860 Donato Way, Lake Worth, FL 33467. Ê The term “you” or “your” refers to Plaintiffs, Arthur Scheman and Trude Scheman. Ê The term “Loss” or “this Claim” refers to the loss described in the Complaint or the loss reported to State Farm for aof loss occurring on or about September 27, 2022, claim number assigned 59-64H1-04Q. ----- Ê **DOCUMENTS REQUESTED** Ê Any and all documents, including, but not limited to, correspondence from you or any agent of yours to State Farm and/or its agents beginning from thethe Loss was reported to State Farm through the present. Ê Any and all documents, including, but not limited to, correspondence from State Farm and/or its agents to you and/or your agents beginning from thethe Loss was reported to State Farm through the present. Ê Any and all documents evidencing agreements for representation between yourself and any individual or business entity representing you in this Claim, including but not limited to contracts, letters of representation, correspondence, and fee schedules for representation by public adjusters or public adjuster firms. ÊThisÊrequestÊdoesÊnotÊseekÊagreementsÊforÊlegalÊrepresentation, Ê _butÊdoesÊseekÊunredactedÊdocumentsÊresponsiveÊtoÊthisÊrequest. ÊÊÊ_ _Ê_ Ê Any and all documents evidencing an assignment of benefits between yourself and any individual or business entity that relate to the Loss or any portion of the subject Property for which you are claiming damages concerning the Loss. Ê Ê Any and all documents evidencing the damages that you are claiming as a result of the Loss, including, but not limited to estimates, contracts, receipts, statements, invoices, and work orders. Ê Any and all documents evidencing the damages that you are claiming to any personal property as a result of the Loss, including, but not limited to estimates, contracts, receipts, statements, and invoices. Ê Any and all documents relating to repairs or other work performed to the roof of the subject property since thethe roof was last replaced through the present. Ê Any and all documents relating to the most recent replacement of the roof of the subject Property. Ê Any and all documents evidencing estimates, work orders, invoices, statements, and receipts relating to the repair or replacement of the roof of the subject Property. Ê Any and all documents relating to your purchase of a tarp for the roof of the subject Property relating to this Loss. Ê Any and all documents that evidence, depict, or reflect the age or condition of the roof of the subject Property at the time of the Loss. Ê Any and all documents evidencing the replacement of damaged property as a result of your loss, including but not limited to contracts, receipts, canceled checks, bills of sale, statements, ATM receipts, credit card statements, and invoices. ----- Ê Ê Any and all bills or invoices incurred by you as a result of the Loss. Ê Any and all documents evidencing any repairs performed prior to September 27, 2022, for any area of the subject Property relating to the Loss. Ê Any and all documents evidencing any repairs performed prior to September 27, 2022, to the roof of the Property. Ê Any and all documents evidencing any repairs performed prior to September 27, 2022, to the interior of the Property. Ê Any and all documents evidencing any repairs performed prior to September 27, 2022, to the exterior of the subject Property relating to the Loss. Ê Any and all documents evidencing all repairs performed at any time after September 27, 2022, to any area of the subject Property relating to the Loss. Ê Any and all documents evidencing all repairs performed at any time after September 27, 2022, to the interior of the subject Property relating to the Loss. Ê Any and all documents evidencing all repairs performed at any time after September 27, 2022, to the roof of the subject Property relating to the Loss. Ê Any and all documents evidencing all repairs performed at any time after September 27, 2022, to the exterior of the subject Property relating to the Loss. Ê Any and all maintenance records for any portion or area of the subject Property relating to the Loss. Ê Any and all documents evidencing repairs relating to the roof of the subject Property or service calls to a roofing company at any time from thethe roof was last replaced through theof loss, including but not limited to work orders, invoices, statements, inspections, estimates, and receipts. Ê Any and all documents you received from any roofing company, contractor, handyman, and any other person or company that you or any of your agents retained to inspect any portion or area of the Property relating to the Loss. Ê Any and all documents you received from any roofing company, contractor, handyman, and any other person or company that you or any of your agents retained to perform repairs or renovations to any portion or area of the Property relating to the Loss. Ê Any and all documents reflecting payment(s) made by you or your agents to any roofing company, contractor, handyman, and any other person or company that you or your agents retained for any reason relating to the Loss. ----- Ê Ê Any and all documents reflecting, depicting or otherwise evidencing any efforts to protect the Property from further damage after discovery of the Loss. Ê Any and all documents in your possession that were prepared by third-parties who inspected or evaluated the subject Property relating to the Loss. Ê Any and all photographs, videographs, recordings, film, diagrams, drawings, charts, sketches or any other documents illustrating the damages sustained in the Loss. Ê Any and all photographs, videographs, recordings, film, diagrams, drawings, charts, sketches or any other documents illustrating the pre-loss condition (prior to September 27, 2022) of any portion or area of the subject Property you are claiming as part of this Loss. Ê Any and all documents evidencing application for or issuance of building permits for any portion of the subject Property relating to the Loss from theyou purchased the subject Property through the present. Ê All maintenance and/or repair records for the Subject Property from theof purchase through the present. Ê All documents relating to any prior insurance claims at the Subject Property, including, but not limited to, any repair receipts, estimates, photographs, and/or invoices. Ê Any and all bills incurred as a result of any prior loss to the subject Property. Ê Copies of any pre-purchase inspection reports for the Subject Property. Ê Copies of any inspection reports for the Subject Property prepared on or after theof purchase of the Subject Property through the present. Ê Any and all documents in your possession relating to the Loss. **Ê** Ê Any and all documents upon which you relied upon in answering the Interrogatories or that are referenced in your Answers to Interrogatories. ----- #### CERTIFICATION The undersigned certifies that this request, response or objection is: (A) consistent with these rules and warranted by existing [law][ or][ a] good [faith] argument [for][ the] extension, modification, [or][ reversal][ of] existing law; (B) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and (C) not unreasonable or unduly burdensome or expensive, given [the][ needs][ of][ the] case, [the] discovery already [had][ in] the case, the amount in controversy, and the importance of the issues at stake in the litigation #### KELLEY KRONENBERG /s/ Melanie S. Wes ## eman_ Melanie S. Weseman, Esq. Fla. Bar No. : 506451 mweseman@kelleykronenberg. com 1475 Centrepark Boulevard, Suite 275 West Palm Beach, FL 33401 Telephone: (561) [684-5956] #### (Certificate [of][ Service][ on] Following Page) ----- **CERTIFICATE OF SERVICE** I HEREBY CERTIFY that on the 16th day of January, 2025, this document was filed using the Florida Courts E-Filing Portal. This document is being served on all counsel and pro se parties of record by the Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud. Admin. 2. 516. The mailing and electronic addresses are: Dalya Zalloum, Esquire, Cohen Law Group, 350 North Lake Destiny Road, Maitland, FL 32751, DZalloum@itsaboutjustice. law, (407) 478-4878, Attorney for Plaintiffs. **KELLEY KRONENBERG** /s/ MelanieÊS. ÊWeseman **Melanie S. Weseman, Esq. ** Fla. Bar No. : 506451 mweseman@kelleykronenberg. com **John S. Riordan, Esq. ** Fla. Bar No. : 0568694 jriordan@kelleykronenberg. com 1475 Centrepark Boulevard, Suite 275 West Palm Beach, FL 33401 Telephone: (561) 684-5956 Facsimile: (561) 684-5753 Attorneys for State Farm Insurance Company Address for service of pleadings only: mweseman@kelleykronenberg. com hmoore@kelleykronenberg. com -----"
}
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[
{
"from": "system",
"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
},
{
"from": "human",
"value": "**IN THE CIRCUIT COURT OF THE** **FIFTEENTH JUDICIAL CIRCUIT IN AND FOR** **PALM BEACH COUNTY COUNTY, FLORIDA** **CASE NUMBER:** **ARTHUR SCHEMAN & TRUDE** **SCHEMAN, ** **Plaintiffs, ** **v. ** **STATE FARM FLORIDA INSURANCE** **COMPANY, ** **Defendant. ** **___________________________________/** **COMPLAINT & DEMAND FOR JURY TRIAL** **COMES NOW, ** Plaintiffs, Arthur Scheman & Trude Scheman, by and through the undersigned counsel and sues Defendant, State Farm Florida Insurance Company, and alleges as follows: This is an action for breach of contract with damages greater than Fifty Thousand Dollars ($50, 000. 00), exclusive of interest, costs, and attorney’s fees. At all material times hereto, Plaintiffs, Arthur Scheman & Trude Scheman (hereinafter “Plaintiffs”), were and are Florida resident. At all material times hereto, Defendant, State Farm Florida Insurance Company, was a corporation duly licensed to transact insurance business in the State of Florida. Defendant does business, has offices, and/or maintained agents for the transaction of its customary business in Palm Beach County County, Florida. Jurisdiction and venue of this matter are proper in Circuit Court for Palm Beach County County, Florida. ----- Prior to September 27, 2022, Plaintiffs sought and purchased property insurance from Defendant to cover their property located at 9860 Donato Way, Lake Worth, Florida, 33467, (hereinafter “Plaintiffs’ Property”). Said policy of insurance, which is believed to be policy number 7Y-CY-A815-0 (hereinafter “Plaintiffs’ Policy”), was issued by Defendant to Plaintiffs to provide insurance coverage that included, but was not limited to, coverage afforded to protect Plaintiffs’ Property against Hurricane damage. Plaintiffs’ Policy was in full force and effect as of September 27, 2022. A formal copy of the Plaintiffs’ Policy is not currently in the possession of Plaintiffs, but is well known to Defendant, and has been requested by Plaintiffs through a Request to Produce, which has been served upon Defendant contemporaneously with this Complaint. See: Equity Premium, Inc. v. Twin City Fire Ins. Co. , 956 So. 2d 1257 (Fla 4th DCA 2007); Amiker v. Mid-Century Ins. Co. , 398 So. 2d 974 (Fla 1st DCA 1981); Parkway General Hospital, Inc. v. Allstate Ins. Co. , 393 So. 2d 1171 (Fla. 3rd DCA 1981) and Sasche v. Tampa Music Co. , 262 So. 2d 17( Fla. 2nd DCA 1972). On or about September 27, 2022, Plaintiffs’ Property was damaged by a Hurricane event. Said Hurricane event was covered under Plaintiffs’ Policy, and Defendant assigned the loss as claim number 59-64H1-04Q. This is an action related to Defendant’s breach of contract for failure to fully indemnify Plaintiffs from loss. **COUNT I - BREACH OF CONTRACT AGAINST DEFENDANT** **COMES NOW, Plaintiffs, Arthur Scheman & Trude Scheman, by and through the** undersigned counsel and sue Defendant, State Farm Florida Insurance Company, and alleges as follows: ----- Plaintiffs re-alleges paragraphs 1 through 8 above and incorporates the same by reference herein. Plaintiffs are a named insured under Plaintiffs’ Policy which was in full force and effect all times material to this Complaint. Plaintiffs have complied with all conditions precedent to this lawsuit which entitles Plaintiffs to recover under Plaintiffs’ Policy, or any such conditions have been waived by the Defendant. Despite demand for payment, Defendant has failed or refused fully indemnify Plaintiffs from the amount of loss. Defendant’s refusal to reimburse Plaintiffs adequately for damages, and otherwise make Plaintiffs whole, constitutes a breach of contract. Plaintiffs have been damaged as a result of Defendant’s breach in the form of insurance proceeds which have not been paid, interest, costs, and attorney’s fees. Plaintiffs have been and remain fully prepared to comply with all of the Policy’s obligations. As a result of Defendant’s breach of contract, it has become necessary that Plaintiffs retain the services of the undersigned attorneys pursuant to Sections 627. 70152 (July 1, 2021), 428 (July 1, 2021), 626. 9373 (July 1, 2021), 57. 041, 57. 104, Florida Statutes. Plaintiffs are obligated to pay a reasonable fee for the undersigned attorney’s services in bringing this action, plus necessary costs. Plaintiffs are entitled to recover attorney’s fees and costs under Sections 627. 70152 (July 1, 2021), 627. 428 (July 1, 2021), 626. 9373 (July 1, 2021), 57. 041, 57. 104, Florida Statutes. ----- **WHEREFORE, Plaintiffs, Arthur Scheman & Trude Scheman, by and through the** undersigned counsel, demands judgment against Defendant, State Farm Florida Insurance Company, for all damages with interest, costs, attorney fees pursuant to Sections 627. 70152 (July 1, 2021), 627. 428 (July 1, 2021), 626. 9373 (July 1, 2021), 57. 041, 57. 104, Florida Statutes, and for all other remedies the Court sees fit to grant, and Plaintiff demands trial by jury. **CERTIFICATE OF SERVICE** **I HEREBY CERTIFY that a true and correct copy of this document will be served on** Defendant along with the Summons in this action. **: September 5, 2024** _/s/Dalya Zalloum_ **COHEN LAW GROUP** Dalya Zalloum, Esq. _FOR THE FIRM_ Florida Bar Number: 1002903 350 North Lake Destiny Road Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Primary: DZalloum@itsaboutjustice. law Secondary: -----"
},
{
"from": "gpt",
"value": "**IN THE CIRCUIT COURT OF THE** **FIFTEENTH JUDICIAL CIRCUIT IN AND FOR** **PALM BEACH COUNTY COUNTY, FLORIDA** **CASE NUMBER:** **ARTHUR SCHEMAN & TRUDE** **SCHEMAN, ** **Plaintiffs, ** **v. ** **STATE FARM FLORIDA INSURANCE** **COMPANY, ** **Defendant. ** **___________________________________/** **PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO DEFENDANT** Plaintiffs, Arthur Scheman & Trude Scheman, by and through the undersigned counsel, under Florida Rules of Civil Procedure 1. 350 and 1. 280(a), submits to Defendant, State Farm Florida Insurance Company, the following Request to Produce and requests that Defendant furnish copies to Plaintiffs at 350 North Lake Destiny Road, Maitland, Florida, 32751, or via E-Mail, within forty-five (45) days of service of the Complaint herein. **DEFINITIONS AND INSTRUCTIONS** For purposes of this Request to Produce, the following terms and definitions are provided: Plaintiffs: The term “Plaintiffs” as used herein shall mean Arthur Scheman & Trude Scheman and their representatives as defined below. Defendant: The term “Defendant” shall mean State Farm Florida Insurance Company, whether by that name or any other, and its representatives as defined below. Representatives: The term \"representatives\" shall mean any and all present or former partners, agents, employees, servants, officers, directors, attorneys, consultants, sureties, indemnificators, insurers, independent contractors and other persons acting or purporting to act on behalf of the entity referred to. ----- You and Your: The terms \"you\" and \"your\" shall refer to Defendant (defined above) and any other person or entity acting or purporting to act on its behalf. Document: The term \"document\" shall mean any written, printed, typed or other graphic or photographic matter (including without limitation, photographs, charts, graphs, microfiche, microfilm, videotapes, recordings and motion pictures and data stored on a computer disc or computer hard drive) and shall include the originals, identical copies and all non-identical copies, whether different from the original by reason of any notation made on each copy or otherwise and shall include, without limiting the generality of the foregoing, all letters, telegrams, teletypes, correspondence, contracts, agreements, notes, mechanical and electronic sound recordings and transcripts thereof (including, without limitation, tapes, cassettes and discs), computer records, computer printouts, other printed matter produced through computers, calendar and diary entries, memoranda, notes and records of all telephone or personal conversations, meetings and other communication, inter-office and intra-office communications, statements, manuals, summaries and compilations, minutes of meetings, charges, maps, reports, analysis, studies, graphs, prospectus, returns, statistics, pamphlets, books, offers, bulletins, order papers, articles, catalogs, records, tables, books of account, ledgers, vouchers, canceled checks, invoices, bills, receipts, tickets, worksheets and all drafts, alterations, modifications and changes to any of the foregoing, as well as all digitally stored and generated documents and notes. Communication: The term \"communication\" as used herein shall mean any contact between or among the parties indicated, including but not limited to, all documents (defined above), telephone or personal conversations, meetings, e-mails or electronic contacts, conferences and discussions. Once identified, a communication may be subsequently identified by use of a common description. ----- Identify: The term “identify” when used with reference to a person shall mean to: a. State the full name of the person; b. State the full name of the last known employer of the person; c. State the last known occupation or title of the person with such employer; d. State the last known business telephone number of the person; e. State the last known home address of the person; and f. State the last known home telephone number of the person. Once identified, a person may be subsequently identified by uniform use of a standard name. Identify: The term “identify” when used with reference to a document shall mean to: a. State a complete description of the document; b. Identify the person who prepared the document; c. State theon which the document was prepared; d. State the location at which the document was prepared; and e. Identify the person who presently has care, custody and control of the document. Once identified, a document may be subsequently identified by uniform use of a standard description. Person: The term “person” as used herein shall mean a natural person other than an entity and shall be construed to include groups of natural persons. **INSTRUCTIONS** Should Defendant object to a Request to Produce or not respond pursuant to a claim of privilege, Defendant is required to: a. State the basis of the claim of privilege; b. Identify the subject matter of the information to which a claim of privilege is made; c. Identify all persons or entities who have had access to or claimed to be privileged or were present when the privileged information was discussed, and d. Identify all persons or entities to which the privileged information has been disclosed. ----- **PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO DEFENDANT** A true and correct copy of all DEC pages and the full and complete insurance policy(s) referenced in Plaintiffs’ Complaint and a sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity of the policy. **RESPONSE:** A copy of any and all other DEC pages and insurance policy(s) that may provide coverage to either Plaintiffs for the damages claimed in Plaintiffs’ Complaint. **RESPONSE:** A copy of each and every document (defined above) that you reasonably anticipate may be introduced into evidence at the trial of this matter. **RESPONSE:** A copy of any and all documents that you allege may support any affirmative defense which you have raised in this matter. **RESPONSE:** A copy of any and all documents that you allege may support any Motion to Dismiss which you have filed in this matter. **RESPONSE:** Copies of any and all statements, and any transcripts from any person who has knowledge of the facts in this matter including any expert witness or Defendant (defined above) herein. **RESPONSE:** ----- Copies of any and all recorded statement(s) and telephone conversations, as well as any transcripts for the same that have been reduced to writing and/or transcribed, including but not limited to Examinations Under Oath, which were taken of or provided by any insured or their representatives (defined above) that are in your possession or control. **RESPONSE:** Copies of any and all recorded statement(s) and telephone conversations, as well as any transcripts for the same that have been reduced to writing and/or transcribed, which were taken of or provided by any witness that are in your possession or control. **RESPONSE:** Each and every document, report, chart, graph, object, summary, compilation of data or other thing relied upon by any of your experts, in whole or in part, in the formulation of any opinions and conclusion in this case. **RESPONSE:** Copies of any photographs of Plaintiffs’ Property located at 9860 Donato Way, Lake Worth, Florida, 33467 which are in your possession or control. **RESPONSE:** Copies of any photographs that reflect any damage at Plaintiffs’ Property located at 9860 Donato Way, Lake Worth, Florida, 33467that are in your possession or control. **RESPONSE:** Copies of any photographs of any work performed at Plaintiffs’ Property located at 9860 Donato Way, Lake Worth, Florida, 33467 that are in your possession or control. **RESPONSE:** ----- Copies of any and all estimates and damage appraisals and other documents (defined above) referencing damage appraisals regarding Plaintiffs’ Property located at 9860 Donato Way, Lake Worth, Florida, 33467that are in your possession or control. **RESPONSE:** Copies of any and all documents (defined above) upon which you based any denials of coverage for the loss described in Plaintiffs’ Complaint. **RESPONSE:** Copies of any and all documents (defined above) upon which you based any denials of all or part of the amount of loss claimed by Plaintiffs. **RESPONSE:** If there are any denials of insurance coverage by Defendant, then copies are requested of any and all applications for insurance, insurance forms, data sheets, correspondence, notices, facsimile, e-mails and other documents (defined above) that reference in any way any the insurance policy at issue in this matter. **RESPONSE:** Copies of any and all correspondence, facsimile, notices, e-mails and other documents (defined above) that reference in any way any notices that you provided to Plaintiffs regarding cancellation of the insurance policy at issue in this matter. **RESPONSE:** Copies of all PORS, Proof of Mailing and other documents (defined above) that reflect in any way mailings made by you to Plaintiffs regarding cancellation of the policy of insurance at issue in this matter. **RESPONSE:** ----- All reports and current curriculum vitae from any expert(s) retained by you for any reason regarding Plaintiffs’ claim. **RESPONSE:** Any and all e-mails, letters, facsimile, and other correspondence regarding any claims made by Plaintiffs for property insurance benefits as a result of the Hurricane event of September 27, 2022, including but not limited to, correspondence with experts, correspondence with experts, independent adjusters, appraisers, inspectors, and any other third party. **RESPONSE:** All documents reflecting any payment made to any person (defined above) or entity for any reason as a result of the Hurricane event described in Plaintiffs’ Complaint. **RESPONSE:** All books, treaties or authority used by Defendant’s adjuster in determining what amount to pay or deny regarding the claim at issue. **RESPONSE:** All writings, memoranda, notes or other materials reflecting examination of Plaintiffs’ Property by Defendant or its agents. **RESPONSE:** All proofs of loss received by Defendant from Plaintiffs. **RESPONSE:** All estimates received by Defendant from any source for repairs to Plaintiffs’ Property. **RESPONSE:** ----- Defendant’s latest claims manual or statement of policies and procedures on the processing or handling of property damage claims. **RESPONSE:** Any training manuals, guides and documents that Defendant has provided to its adjusters regarding adjusting Hurricane damage claims from the past three years to the present. **RESPONSE:** Copies of any peer reviews, estimates, or comparative estimates generated by anyone on Defendant’s behalf regarding the amount of loss at issue. **RESPONSE:** All documents showing the total amount paid during the past three years to any third parties providing services, analyses, or opinions regarding Plaintiffs’ claim. **RESPONSE:** A copy of the contract/agreement/document (if any) that Defendant has with anyone, including but not limited to contractors, engineers, adjusters, or experts, who may provide testimony at the trial of this matter. **RESPONSE:** A copy of each resume, curriculum vitae, and other document listing the qualifications of each and every expert and/or consultant hired by you or your representatives (defined above) who may testify at trial. **RESPONSE:** ----- All documents that relate to the drafting, meaning, and interpretation of any language, terms, or provisions, used in the policy at issue. **RESPONSE:** Pursuant to Fla. R. Civ. P. 1. 310(b)(6), please produce three (3) alternatives for deposition to occur no earlier than thirty (30) days but no later than one hundred-twenty (120) days from service for the deposition of the corporate representative(s) with the most knowledge of the claim asserted by the Plaintiffs’ Complaint as well as the individual(s) primarily responsible for the decision to deny indemnifying Plaintiffs’ amount of loss. A designation of the information upon which such examination will proceed will be provided under separate cover. **RESPONSE:** Copies of any and all notices sent by you or your representatives (defined above) to any insured to participate in a mediation program under Fla. Stat. § 627. 7015 and copies of any and all PORS, Proof of Mailing and other documents (defined above) which reflect in any way mailings made by you to any insured regarding the same. **RESPONSE:** **CERTIFICATE OF SERVICE** **I HEREBY CERTIFY that a true and correct copy of this document will be served on** Defendant along with the Summons and the Complaint in this action. **: September 5, 2024** _/s/Dalya Zalloum_ **COHEN LAW GROUP** Dalya Zalloum, Esq. _FOR THE FIRM_ Florida Bar Number: 1002903 350 North Lake Destiny Road Maitland, Florida 32751 Phone: (407) 478-4878 Fax: (407) 478-0204 Primary: DZalloum@itsaboutjustice. law Secondary: -----"
}
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"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
},
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"value": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION ______________________________________/ SEH 27 LLC, a Delaware limited liability company, Plaintiff, v. COVENTRY 871 LLC, a Delaware limited liability company; LENDINGONE LLC, a Delaware limited liability company; ICON EQUITY GROUP LLC, a Florida limited liability company; and 879 COVENTRY STREET HOLDINGS LLC, a Florida limited liability company. Defendants. ________________________________________/ **VERIFIED COMPLAINT** Plaintiff, SEH 27 LLC, a Delaware limited liability company, sues Defendants Coventry 871 LLC, a Delaware Limited Liability Company, LendingOne LLC, a Delaware Limited Liability Company, Icon Equity Group LLC, a Florida Limited Liability Company, and 879 Coventry Street Holdings LLC, a Florida Limited Liability Company, (collectively, “Defendants”) and alleges: **INTRODUCTION** Plaintiff filed an action on a debt and for foreclosure, which is currently pending in the Circuit Court in and for the Fifteenth Judicial Circuit, against a number of defendants, including Anthony Shafer, a guarantor, to collect an outstanding debt and foreclose certain security interests (the “Foreclosure Action”). ----- After the Foreclosure Action was filed, and during the same period of time in which the debtor and the guarantors sought and obtained repayment extensions and a forbearance agreement, guarantor Anthony Shafer directed and caused the fraudulent transfer of assets in hopes of frustrating Plaintiff’s rights as creditor and Plaintiff’s expected collection efforts. Among the fraudulent transfers is the transfer of 100% membership interest in 879 Coventry Street Holdings LLC which is now the subject of this action. 879 Coventry Street Holdings LLC owns a property located at 879 Coventry Street Boca Raton Florida 33487 (the “879 Coventry Property”) and 871 Coventry Street Boca Raton Florida 33487 (the “871 Coventry Property”) (collectively, the “Coventry Properties”). In this Verified Complaint, Plaintiff sues Coventry 871 LLC, who was the transferee in the fraudulent transfer of the membership interest in 879 Coventry Street Holdings LLC. Plaintiff names Defendant Icon Equity Group LLC, a Florida Limited Liability Company controlled by Anthony Shafer, and 879 Coventry Street Holdings LLC, the Florida Limited Liability Company whose membership interest was fraudulently transferred, as nominal defendants. In addition, Plaintiff names Defendant LendingOne LLC as a nominal defendant, based on an apparent mortgage held by LendingOne LLC and secured by the 879 Coventry Property. Plaintiff seeks avoidance, damages, and any further relief as is just and proper. **PARTIES AND JURISDICTION** This is an action for statutory relief and damages in an amount greater than Fifty Thousand Dollars ($50, 000. 00), exclusive of interest, costs, and attorney’s fees, and thus, is within the jurisdictional limits of this Court. 2 ----- Plaintiff is a company existing and operating under and by virtue of the laws of the State of Delaware. Defendant Coventry 871 LLC is a company existing and operating under and by virtue of the laws of the State of Delaware. Defendant LendingOne LLC is a Delaware limited liability company that holds a lien on the 879 Coventry Property by virtue of a mortgage and is named in this action as a nominal defendant. No wrongdoing by Defendant LendingOne LLC is known or alleged as of this time. Defendant Icon Equity Group LLC is or was a Florida limited liability company having its principal place at 23 S. Swinton Ave, Delray Beach, in Palm Beach County, Florida. According to public state records, Defendant Icon Equity Group LLC was recently dissolved on September 27, 2024 and is named as a nominal defendant. Defendant 879 Coventry Street Holdings LLC is a Florida limited liability company having its principal place at the 871 Coventry Property in Palm Beach County, Florida and is named as a nominal defendant. This Court has jurisdiction over all defendants because each of them: (1) operates, conducts, engages in, or carries on a business or business venture in this state or has an office or agency in this state that gave rise to this action as set forth in Fla. Stat. § 48. 193(1)(a); (2) engages in substantial and not isolated activity within this state as set forth in Fla. Stat. § 48. 193(2); or (3) owns, uses, possesses, and/or holds a lien secured by real property in Palm Beach County, Florida. Venue is proper in Palm Beach County, Florida, under Fla. Stat. §§ 47. 011 and 041. 3 ----- **BACKGROUND AND FACTUAL ALLEGATIONS** **A. ** **The Foreclosure Action. ** On or about November 5, 2021, Anthony Shafer, as manager of Icon Development Holdings II, LLC, signed and executed a promissory note in the original principal sum of $10, 800, 000. 00 that became due on April 30, 2023. The promissory note had a corresponding mortgage that was recorded on November 12, 2021, in Official Records Book 33046, Page 121 in the public records of Palm Beach County, Florida. Anthony Shafer also signed an unlimited guaranty, unconditionally and continually guaranteeing the referenced promissory note. At Icon Development Holdings II LLC’s request, the original maturityof April 30, 2023 was extended through multiple amendments, the last of which extended the maturity to March 31, 2024. Icon Development Holdings II LLC then defaulted pursuant to the terms and conditions of the loan by, among other things, failing to pay the whole of the then outstanding principal, plus all accrued and unpaid interest (including default interest) upon the extended maturity of the promissory note on March 31, 2024. On April 12, 2024, Anthony Shafer, Icon Development Holdings II, LLC, and other corporate guarantors, entered into a forbearance agreement with Plaintiff. The very next month, Icon Development Holdings II, LLC defaulted on the payments required by the forbearance agreement. Under the forbearance agreement, Anthony Shafer acknowledged the full amount of the debt, waived all defenses, and consented to a judgment for the total debt, which continues to accrue default interest. 4 ----- On June 25, 2024, Plaintiff filed a Verified Complaint for Foreclosure and Damages in the Palm Beach County Action which named Anthony Shafer as a defendant, among others. On September 27, 2024, the trial court in the Foreclosure Action entered an agreed order on order to show cause, where it found that Plaintiff is likely to prevail in the action under Fla. Stat §702. 10(2)(d). In addition, in the same Foreclosure Action, a Motion for Summary Judgment was filed by Plaintiff on October 18, 2024 which is yet to be heard. **B. ** **Anthony Shafer’s Precipitous Drop in Net Worth and the 879 Coventry Street** **Holding LLC Transfer. ** Anthony Shafer provided Plaintiff with a personal financial statementd December 1, 2023 that stated that at the time: (1) Anthony Shafer’s net worth was $174 million dollars; (2) listed Icon Equity Group LLC as his employer; (3) listed Anthony Shafer as the sole owner of 879 Coventry Street Holdings LLC; (4) listed Anthony Shafer as owning the Coventry Properties through his ownership interest in 879 Coventry Street Holdings, LLC. Additionally, the operating agreement for Icon Equity Group LLC, d April 27, 2021, lists Anthony Shafer as its sole member and manager. The legal description of the 871 Coventry Property is Lot 16, Block 2 of BEL MARRA SUBDIVISION, according to the Plat thereof as recorded in Plat Book 25, Page 30, of Public Records of Palm Beach County, Florida. The legal description of the 879 Coventry Property is Lot 17, Block 2 of BEL MARRA SUBDIVISION, according to the Plat thereof as recorded in Plat Book 25, Page 30, of Public Records of Palm Beach County, Florida. On October 5, 2024, Anthony Shafer produced a personal financial statement in compliance with a court order from the Court in the Foreclosure Action. In those intervening ten months since the December 1, 2023 personal financial statement, Anthony Shafer’s self-reported 5 ----- net worth dwindled to just shy of two million dollars-reflecting a purported drop of more than $172 million dollars. Numerous assets, including membership interests in corporate entities and real property, were removed from Anthony Shafer’s October 2024 personal financial statement without explanation as to whether they were transferred and, if so, for what consideration, if any. Upon information and belief, Anthony Shafer has engaged in and continues to engage in actions to dissipate his assets in an effort to frustrate and defraud his creditors, including Plaintiff. On August 31, 2024, Icon Equity Group LLC an entity that Anthony Shafer manages, controls, and claimed to own, assigned 100% membership interest in 879 Coventry Street Holdings LLC (the “Transfer”). The Transfer was for no or only nominal and insufficient consideration. On September 27, 2024, Icon Equity Group LLC was administratively dissolved according to state public records. **COUNT I-FRAUDULENT TRANSFER UNDER FLA. STAT. § 726. 105(1)(a)** Plaintiff repeats and realleges paragraphs 1-30 above, as if fully set forth herein. Section 105(1)(a) of the Florida Uniform Fraudulent Transfer Act, Fla. Stat. 101 et. seq. provides that a transfer made by a debtor is fraudulent as to a creditor (whether the creditor’s claim arose before or after the transfer was made) if the debtor made the transfer with actual intent to hinder, delay or defraud any creditor of the debtor. Plaintiff was a creditor of Anthony Shafer within the meaning of section 105(1)(a) before and at the time of the Transfer. Anthony Shafer, as manager of Icon Equity Group LLC, made the Transfer with the actual intent to hinder, delay or defraud his creditors, including Plaintiff, in violation of Fla. 6 ----- Stat. § 726. 105(1)(a). Icon Equity Group LLC was a mere instrumentality used to fraudulently transfer the membership interest in 879 Coventry Street Holdings LLC (and the Coventry Properties) to Coventry 871 LLC. Anthony Shafer’s actual intent can be evidenced by the following badges of fraud: (a) At the time the Transfer was made, Anthony Shafer had been sued by Plaintiff in the Foreclosure Action seeking payment of millions of dollars in damages. (b) The Transfer was made after it became clear that Anthony Shafer would incur a substantial debt as guarantor for Icon Development Holdings II LLC. The Transfer constitutes a fraudulent transfer pursuant to Fla. Stat. § 726. 105(1)(a). As a direct and proximate result of the Transfer, Plaintiff has been harmed and continues to be harmed. Upon information and belief, Plaintiff is under secured and will not be made whole if it forecloses on the collateral in the Foreclosure Action. In addition, as a direct and proximate result of the Transfer, Plaintiff incurred or will incur damages in an amount to be determined at trial. The Transfer is subject to avoidance and recovery pursuant to Fla. Stat. § 105(1)(a). **WHEREFORE, Plaintiff respectfully requests a judgment in its favor against Defendants, ** and for the Court to: (i) find that the transfer of the membership interest in 879 Coventry Street Holdings LLC to 871 Coventry LLC was a fraudulent transfer pursuant to Fla. Stat. § 105(1)(a); (ii) award damages against Defendants, jointly and severally, in the amount of the value of the membership interest in 879 Coventry Street Holdings LLC; (iii) avoid the Transfer; (iv) enter provisional remedies against further transfers by Defendants of the membership interest 7 ----- in 879 Coventry Street Holdings LLC and the Coventry Properties, including but not limited to injunctive relief; and (v) award such and further relief as is just and proper. **COUNT II-FRAUDULENT TRANSFER UNDER FLA. STAT. § 726. 105(1)(b)** Plaintiff repeats and reallege paragraphs 1-30 above, as if fully set forth herein. Section 105(1)(b) of the Florida Uniform Fraudulent Transfer Act, Fla. Stat. 101 et. seq. provides that a transfer made by a debtor is fraudulent as to a creditor if the debtor made the transfer without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor either was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction or intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due. Plaintiff was a creditor of Anthony Shafer within the meaning of section 105(1)(b) before and at the time of the Transfer. Anthony Shafer, through his control and management of Icon Equity Group LLC transferred the membership interest in 879 Coventry Street Holdings LLC to Coventry 871 LLC for less than reasonably equivalent value at a time when: (1) Anthony Shafer was engaged or was about to engage in a business or a transaction for which his remaining assets were unreasonably small in relation to the business or transaction, and/or (2) Anthony Shafer intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due. Specifically, Anthony Shafer transferred the membership interest in 879 Coventry Street Holdings LLC to Coventry 871 LLC when Anthony Shafer was a defendant under the Foreclosure Action, which will likely impose over $9 million in joint and several liability against him, plus additional liabilities in the form of costs and interest. 8 ----- The Transfer constitutes a fraudulent transfer pursuant to Fla. Stat. § 726. 105(1)(b). As a direct and proximate result of the Transfer, Plaintiff has been harmed. Upon information and belief, Plaintiff is under secured and will not be made whole if it forecloses on the collateral in the Foreclosure Action. In addition, as a direct and proximate result of the Transfer, Plaintiff has incurred or will incur damages in an amount to be determined at trial. The Transfer is subject to avoidance and recovery pursuant to Fla. Stat. § 105(1)(b). **WHEREFORE, Plaintiff respectfully requests a judgment in its favor against Defendants, ** and for the Court to: (i) find that the transfer of the membership interest in 879 Coventry Street Holdings LLC to 871 Coventry LLC was a fraudulent transfer pursuant to Fla. Stat. § 105(1)(b); (ii) award damages against Defendants, jointly and severally, in the amount of the value of the membership interest in 879 Coventry Street Holdings LLC; (iii) avoid the Transfer; (iv) enter provisional remedies against further transfers by Defendants of the membership interest in 879 Coventry Street Holdings LLC and the Coventry Properties, including but not limited to injunctive relief; and (v) award such and further relief as is just and proper. [SIGNAUTRES ON FOLLOWING PAGE] 9 -----d: October 28, 2024 Respectfully submitted, SEQUOR LAW, P. A. 1111 Brickell Avenue, Ste. 1250 Miami, FL 33131 Tel: (305) 372-8282 Fax: (305) 372-8202 By: /s/ Arnoldo B. Lacayo Arnoldo B. Lacayo Florida Bar No. 675482 Email: alacayo@sequorlaw. com Jennifer Mosquera Florida Bar No. : 1018656 Email: jmosquera@sequorlaw. com **CERTIFICATE OF SERVICE** I HEREBY CERTIFY that a true and correct copy of the foregoing was filed and sent via electronic service using the portal system with the Florida Courts eFiling Portal which sent e-mail notification of such filing in accordance with Rule 2. 516 Fla. R. Jud. Admin. to all parties on the attached Service List on October 28, 2024. _/s/ Arnoldo B. Lacayo_ Arnoldo B. Lacayo 10 -----"
},
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"value": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION SEH 27 LLC, a Delaware limited liability company, Plaintiff, v. COVENTRY 871 LLC, a Delaware limited liability company; LENDINGONE LLC, a Delaware limited liability company; ICON EQUITY GROUP LLC, a Florida limited liability company; and 879 COVENTRY STREET HOLDINGS LLC, a Florida limited liability company, Defendant. / **PLAINTIFFS’ FIRST REQUEST** **FOR PRODUCTION TO DEFENDANT LENDINGONE LLC** Plaintiff, SEH 27 LLC, pursuant to Rules 1. 280 and 1. 350of the Florida Rules of Civil Procedure, hereby serves this First Request for Production son Defendant, LendingOne LLC. LendingOne LLC shall produce the documents requested below to Plaintiff through its counsel at a mutually convenient place within the time set by Rule 1. 350 or as otherwise agreed by the parties or ordered by the Court. SEQUOR LAW P A ----- **DEFINITIONS** For the purposes of the Requests and the instructions thereto, the following definitions apply: The rules of construction set forth in Rules 1. 280, and 1. 350 of the Florida Rules of Civil Procedure are incorporated herein. The terms “and” and “or” shall be individually interpreted in every instance as meaning “and/or” and shall not be interpreted disjunctively to exclude any information otherwise within the scope of any request. The terms “any” and “all” shall be considered to include “each” and “each and every. ” “Coventry Properties” refer to the properties located at 879 Coventry Street Boca Raton, Florida 33487 and 871 Coventry Street Boca Raton, Florida 33487. “Account” means any account, regardless of the type of account, whether open or closed, that is held in the name of any Relevant Party in connection with the Coventry Properties. “Loan” means a loan, letter of credit, line(s) of credit, debenture, mortgage and/or credit of any kind in connection with the Coventry Properties. “Communication” means any transmission of information, and shall include both oral and written communications, including without limitations communications by telephone, meetings, conferences, visits, discussions, negotiations, memoranda, mail, facsimile, electronic mail, other electronic- or internet-facilitated communication, or telegram. It further includes, but is not limited to, any summaries, reviews, reports, notes, logs, records, journals, minutes, or outlines concerning or memorializing the transmittal of information, and any contracts. 2 SEQUOR LAW P A ----- “Destination of Funds” shall mean the location where monies were sent, including the name of the account holder, account number, address, bank name and bank address or routing number. “Document(s)” means all originals, all drafts, all revised versions, and any and each copy bearing notations or marks not found on the original or draft, of any written, recorded, or graphic matter, however produced or reproduced, including, but not limited to, records relating to litigation, records relating to threats of claims, any typed or printed matter, correspondence, letters, faxes, interoffice communications, licenses, permits, diaries, calendars, memoranda, insurance policies, contracts or agreements, checks, statements of account, receipts, summaries, indices, data sheets, notes, papers, files, assignments, books, records, messages, reports, tables, graphs, computer printouts, tape recordings, transcripts, charts, logs, accounts, ledgers, studies, manuals, appraisals, consultant’s or expert’s reports, exhibits, notices, instructions, minutes, purchase orders, financial records, statements, bills, accounting records, tax records, accounting or tax work sheets, magnetic tapes, and any other data compilations from which information can be obtained or translated. The term “Document(s)” also includes all Communications. The term “Document(s)” also includes all ESI. The term “Document(s)” further includes all copies of Documents where the copy is not identical to the original. “ESI” means electronically stored information, and includes, but is not limited to, electronic data, computer programs (whether private, commercial, or work-in-progress), programming notes and instructions, activity listings of email transmittals and receipts, output resulting from the use of any software program, word-processing Documents, spreadsheets, database files, charts, graphs, PowerPoints, outlines, graphic files, miscellaneous files and file fragment, data compilations, voicemails, magnetic media, tapes electronic mail, text messages, 3 SEQUOR LAW P A ----- instant messages (IMs), WhatsApp messages, and/or Signal messages, on computer databases, indices, computers, backup storage media, cloud-based storage, CD-ROMs, DVDs, optical disks, hard drives, removable storage devices, floppy disks, regardless of the media on which they reside and regardless of whether said electronic data exist in an active file, deleted file, or file fragment, computer memories, cloudbased storage, hard disks, diskettes and cartridges, network drives, network memory storage, archived tapes and cartridges, removable media, magnetic tapes of all types, microfiche, and/or any other media used for digital data storage or transmittal. ESI also includes the file, folder tabs, and containers and labels appended to or associated with each original and non-identical copy. The term “Identify, ” when used with respect to persons, means to give, to the extent known: (i) the person’s full name; (ii) the person’s present or last known residential and business addresses; (iii) when referring to a natural person, additionally, the person’s present or last known place of employment and the person’s responsibilities with that employer. The term “Identify, ” when used with respect to Documents, means to give, to the extent known, the (i) type of Document; (ii) general subject matter; (iii)of the Document; and (iv) author(s), addressee(s), and recipient(s). “Including” means “including, but not limited to. ” “Person(s)” means any natural person, or any business, legal, or governmental entity, or association. “Relating to” means directly or indirectly, in whole or in part, relating to, referring to, pertaining to, mentioning, containing, discussing, embodying, identifying, stating, concerning, constituting, evidencing, recording, reflecting, substantiating, describing, summarizing, identifying, referring to in any way, or in any way relevant to. 4 SEQUOR LAW P A ----- “Relevant Period” shall mean the period beginning from January 1, 2023 to the present. “Relevant Parties” and/or “Relevant Party” refer to each of the following entities or individuals and extends to individuals bearing a name of similar variation as well as to any instance in which the Relevant Parties are reflected as having an relation to the matters set forth in the “Document Requests”: a. Anthony Shafer b. Coventry 871 LLC c. 879 Coventry Holding LLC d. Icon Equity Group LLC “State, ” “explain, ” and “describe” mean to set forth a complete and detailed statement of all information, circumstances, and facts that concern, refer to, relate to, reflect, comprise, or bear upon the matter concerning which information is requested. “You” and “Your” means the recipient of these Requests. **INSTRUCTIONS** Each Request shall be construed as being inclusive rather than exclusive. Thus, words importing the singular shall include the plural; words importing the plural shall include the singular; words importing one gender shall include both genders; the use of a verb in any tense, mood, or voice shall be construed as the use of the verb in all tenses, moods, or voices, as necessary to bring within the scope of the Requests all responses that might otherwise be construed to be outside of their scope; the words “and” and “or” shall be construed conjunctively or disjunctively as necessary to make the interrogatory or Document request inclusive; the word “all” means “any and all” and the word “any” means “any and all. ” 5 SEQUOR LAW P A ----- In producing Documents, you should furnish all Documents in your possession, custody, or control, regardless of whether such Documents are possessed directly by you or your agents, assigns, employees, or representatives, or by your attorneys or their agents, employees, representatives, or investigators. A Document is deemed in your actual or constructive possession, custody, or control if it is in your physical custody or if it is in the physical custody of any other person and you (i) own such Document in whole or in part; (ii) have a right, by control, contract, statute, order, or otherwise to use, inspect, examine, or copy such Document on any terms; (iii) have an understanding, express or implied, that you may use, inspect, examine, or copy such Documents upon any terms; or (iv) have, as a practical matter, been able to use, inspect, examine, or copy such Document when you sought to do so. For the avoidance of doubt, and without limiting the foregoing, a Document is deemed to be in your actual or constructive possession, custody, or control if it is accessible on a network or server maintained by you. Each of these Discovery Requests requires production in full, without abbreviation, redaction, or expurgation of any responsive Documents. If any responsive Document is not or cannot be produced in full, produce it to the extent possible, indicating which Document or portion of that Document is being withheld and the reason(s) it is being withheld. Produce any and all drafts of each Document that is responsive to any Document request and any and all copies of each such Document that are not identical in any respect, including but not limited to differences in handwritten notes, markings, stamps, interlineations, and electronic information. Documents referred to herein shall include all portions or pages of each Document referred to and all attachments, enclosures, appendices, and supporting Documentation, including, without limitation, originals, copies, drafts, working papers, routing slips, handwritten notes, and 6 SEQUOR LAW P A ----- similar materials (with or without notes or changes therein). All Documents that are physically attached to each other when located for production shall be left so attached when produced. Documents that are segregated or separated from other Documents, whether by inclusion in binders, files, subfiles, or by use of dividers, tabs, or any other method, shall be left so segregated or separated when produced. Documents shall be produced in the order in which they were maintained and in the files in which they were found. With respect to ESI: a. ESI shall be produced on readily accessible electronic media, including, without limitation, CD-ROM, DVD, USB flash drive, external hard drive (with standard PC compatible interface), or such other media as may be agreed upon (“Production Media”). A unique identifying label shall be affixed to each piece of Production Media, which identifies theof the production and the sequence of the material in that production. All Production Media shall be properly packaged to ensure safe shipping and handling. b. ESI shall be produced in Native Format, inclusive of all metadata along with the software necessary to interpret such files if such software is not readily available. A single Bates numbered TIFF placeholder shall be provided for any data provided in native format. The TIFF placeholder shall state: “This Document produced in native format, per Plaintiff’s request. ” c. Under no circumstances should ESI be converted from the form in which it is ordinarily maintained to a different form that makes it more difficult or burdensome to use. ESI should not be produced in a form that removes or significantly degrades the ability to search the ESI by electronic means where the ESI is ordinarily maintained in a way that makes it searchable by electronic means or which results in the loss of metadata. ESI shall be processed, to the extent practicable, in a manner that preserves all metadata, hidden columns or rows, hidden text or 7 SEQUOR LAW P A ----- worksheets, speaker notes, tracked changes, and comments. Databases or underlying data should not be produced without first discussing production format issues with Plaintiff’s counsel. Documents shall be produced as they are kept in the usual course of business or organized and labeled to correspond to the categories in this request. All hard-copy Documents shall be produced while maintaining the file folder, envelope, or other container in which the Documents are kept or maintained by you. If, for any reason, the container cannot be produced, produce copies of all labels or other identifying marks. OCR shall also be provided for all hardcopy Documents. The text for each hard-copy Document shall be generated by applying optical character recognition (OCR) technology to the scanned image of the Document, and providing that text file in searchable format. If any requested Document is not or cannot be produced in full, you are requested to produce such Document to the extent possible, indicating which Document or portion of that Document is being withheld and the reason that portion of the Document is being withheld. In producing Documents, you are requested to produce each Document requested together with all non-identical copies and drafts of that Document. If the original of any Document cannot be located, a copy shall be provided in lieu thereof, and shall be legible and bound or stapled in the same manner as the original. Whenever a request calls for production with respect to “each” one of a particular type or class of matters, events, persons, or entities, of which there is more than one, You are required to separately list, set forth, or identify for each thereof all of the information called for. If any Document or any part of a Document called for by these Discovery Requests has been destroyed, discarded, lost, or otherwise disposed of or placed beyond your custody or control, you shall furnish a list identifying each such Document by: (i); (ii) author; 8 SEQUOR LAW P A ----- (iii) recipient(s); (iv) type of Document (e. g. , letter, memorandum, chart, or e-mail); (v) general subject matter; (vi) the Document’s present or last-known location or custodian; (vii) theof the Document’s destruction or other disposition; (viii) the reason for such destruction or other disposition; and (ix) the person authorizing such destruction or other disposition. If a privilege is claimed as the basis for not producing any Document (such as the Attorney-Client Privilege or other exception from disclosure that you contend may apply), you are to furnish a privilege log setting forth, for each such Document: (i) the nature of the privilege claimed; (ii) theof the Document; (iii) the person(s) who prepared the Document; (iv) each person to whom a copy of the Document was furnished, or to whom its contents were communicated, including titles and job descriptions of any such person; (v) the person who has custody of such Document or a copy of such Document; (vi) any and all facts and reasons that you claim support each objection; (vii) the reason(s) for the preparation of the Document; (viii) each person who has knowledge of any of the facts or reasons that you claim support such objection; and (ix) all information relating hereto which is not within the scope of the privilege claimed. Documents not otherwise responsive to these Discovery Requests are to be produced if such Documents discuss or explain the Documents which are responsive to these Discovery Requests, or if such Documents are attached to Documents responsive to these Discovery Requests and constitute routing slips, transmittal memoranda, or letters, comments, evaluations, or similar materials. In responding to these Discovery Requests, if you encounter any ambiguity in construing an individual request or any definitions and instructions relevant thereto, set forth the matter or term deemed ambiguous and the construction used in responding to such request. 9 SEQUOR LAW P A ----- The past tense shall be construed to include the present tense, and vice versa, to make the Requests inclusive rather than exclusive. The singular shall be construed to include the plural, and vice versa, to make the Requests inclusive rather than exclusive. In the event You claim that any Document which was requested to be identified is unavailable, lost, misplaced, or destroyed, You must state the following: (a) theYou believe such Document became unavailable, lost, misplaced, or destroyed; (b) the reason why such Document became misplaced, lost, or destroyed; and (c) identify all persons who You know or believe have knowledge of such facts. **DOCUMENTS REQUESTED** Please produce the following: All Documents related to each loan application for approval of credit or financing related to any Account(s) or Loan(s). All monthly statements related to any Account(s) or Loan(s) during the Relevant Period. All Document reflecting the current amount due and owing related to any Account(s) or Loan(s). Account(s) or Loan(s) opening Documents. All other Documents relating to any Account(s) or Loan(s). 10 SEQUOR LAW P A ----- All financial statements, balance sheets, accounts receivable and payable ledgers, net worth statements, income statements, working capital statements, cash flow statements or any other financial matters relating to any Account(s) or Loan(s). All documents reflecting the Source of Funds for any Transfer during the Relevant Period to you or on your behalf by any Relevant Party in connection with any Account(s) or Loan(s). All documents reflecting the Source of Funds for any Transfer during the Relevant Period to you or on your behalf by any third party on behalf of any Relevant Party in connection with any Account(s) or Loan(s). All documents reflecting the Destination of Funds for any Transfer during the Relevant Period from you to any Relevant Party in connection with any Account(s) or Loan(s). All documents reflecting the Destination of Funds for any Transfer during the Relevant Period from you to any third party on behalf of any Relevant Party in connection with any Account(s) or Loan(s). All documents reflecting or concerning sales, leases, real estate brokerage services, transfer of title, mortgages, appraisals, homeowner’s association applications, or other agreements concerning the Coventry Properties. All communications between you, on the one hand, and any of the Relevant Parties, on the other hand, in connection with any Account(s) or Loan(s). All agreements executed by you during the Relevant Period with any of the Relevant Parties in connection with any Account(s) or Loan(s). d: November 25, 2024 Respectfully submitted, SEQUOR LAW, P. A. 1111 Brickell Avenue, Ste. 1250 11 SEQUOR LAW P A ----- Miami, FL 33131 Tel: (305) 372-8282 Fax: (305) 372-8202 By: /s/ Arnoldo B. Lacayo Arnoldo B. Lacayo Florida Bar No. 675482 Email: alacayo@sequorlaw. com Jennifer Mosquera Florida Bar No. : 1018656 Email: jmosquera@sequorlaw. com **CERTIFICATE OF SERVICE** I HEREBY CERTIFY that a true and correct copy of the foregoing was filed and sent via electronic service using the portal system with the Florida Courts eFiling Portal which sent e-mail notification of such filing in accordance with Rule 2. 516 Fla. R. Jud. Admin. to all parties on November 25, 2024. /s/ Arnoldo B. Lacayo Arnoldo B. Lacayo 12 SEQUOR LAW P A -----"
}
]
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[
{
"from": "system",
"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
},
{
"from": "human",
"value": "IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA ANTHONY SIMEONE and FRANCES SIMEONE, Plaintiffs, vs. R. T. G. FURNITURE CORP. , Defendant. _________________________________/ **COMPLAINT** Plaintiffs, ANTHONY SIMEONE and FRANCES SIMEONE, sue Defendant, R. T. G. FURNITURE CORP. , and alleges: This is an action for damages that exceeds the minimum jurisdictional limits of $50, 000. 00. All acts complained of occurred in Palm Beach County, Florida and Palm Beach County is the proper venue for this action. All conditions precedent to bringing this action have occurred or been waived. Plaintiffs, ANTHONY SIMEONE and FRANCES SIMEONE, are residents of Palm Beach County, Florida. Defendant, R. T. G. FURNITURE CORP. , is a Florida profit corporation transacting its customary business in Palm Beach County, Florida. Prior to May 15, 2023, Plaintiffs, ANTHONY SIMEONE and FRANCES SIMEONE, purchased a chair from the \"Rooms to Go\" furniture store located at 9185 Glades Rd Ste A, Boca Raton, Palm Beach County, Florida. ----- Defendant, R. T. G. FURNITURE CORP. , owns and operates the \"Rooms to Go\" furniture store located at 9185 Glades Rd Ste A, Boca Raton, Palm Beach County, Florida. On or about May 15, 2023, Plaintiff, ANTHONY SIMEONE, was using the chair purchased from Defendant, R. T. G. FURNITURE CORP. , in his home in Palm Beach County, Florida. At that time and place, the chair collapsed beneath the Plaintiff, ANTHONY SIMEONE, causing him to suffer bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, lost wages and earning capacity, expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. Plaintiff, ANTHONY SIMEONE, used the chair in the manner intended and reasonably foreseeable to the Defendant, R. T. G. FURNITURE CORP. At all times material hereto, Defendant, R. T. G. FURNITURE CORP. , designed, manufactured, distributed, and/or sold the chair described herein. The chair described herein contained a defect that was present at the time of manufacture. While in use, the chair can break apart and collapse, creating a risk of injury to users. When the subject chair was placed into the stream of commerce by the Defendant it was not reasonably fit, suitable, or safe for its intended purpose or reasonably foreseeable use. **COUNT I - IMPLIED WARRANTY OF MERCHANTABILITY** Paragraphs 1-14 are re-alleged and incorporated herein. The chair designed, manufactured, distributed, and/or sold by the Defendant was not reasonably fit for either the uses intended or the uses reasonably foreseeable by the Defendant. While in use, the chair collapsed, injuring the Plaintiff. The chair's lack of fitness was the direct and proximate cause of the Plaintiff's injuries. ----- WHEREFORE, the Plaintiff, ANTHONY SIMEONE, demands judgment against Defendant, R. T. G. FURNITURE CORP. for damages, interest, costs and for such further relief as this court deems appropriate under the circumstances and further demand a trial by jury on all issues so triable as a matter of right. **COUNT II - IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE** Paragraphs 1-14 are re-alleged and incorporated herein. The chair designed, manufactured, distributed, and/or sold by the Defendant was not reasonably fit for the specific purpose for which the Defendant knowingly sold the product and for which Plaintiff bought the product in reliance on the judgment of the Defendant. While the chair was used as intended and for its specific purpose, the chair collapsed, injuring the Plaintiff. The chair's lack of fitness was the direct and proximate cause of the Plaintiff's injuries. WHEREFORE, the Plaintiff, ANTHONY SIMEONE, demands judgment against Defendant, R. T. G. FURNITURE CORP. for damages, interest, costs and for such further relief as this court deems appropriate under the circumstances and further demand a trial by jury on all issues so triable as a matter of right. **COUNT III - STRICT LIABILITY - MANUFACTURING DEFECT** Paragraphs 1-14 are re-alleged and incorporated herein. The chair that caused the Plaintiff's injuries was designed, manufactured, distributed, and/or sold by the Defendant, R. T. G. FURNITURE CORP. The chair was made differently than its intended design and therefore failed to perform as safely as intended. The chair was made in a manner that allowed it to break apart and collapse, creating a risk of injury to users. ----- The chair reached the Plaintiff without substantial change affecting its condition from the time it was manufactured. While the Plaintiff was using the chair, the manufacturing defect caused the chair to collapse and injure the Plaintiff. The chair’s manufacturing defect was the direct and proximate cause of the Plaintiff's injuries. WHEREFORE, the Plaintiff, ANTHONY SIMEONE, demands judgment against Defendant, R. T. G. FURNITURE CORP. for damages, interest, costs and for such further relief as this court deems appropriate under the circumstances and further demand a trial by jury on all issues so triable as a matter of right. **COUNT IV - STRICT LIABILITY - DESIGN DEFECT** Paragraphs 1-14 are re-alleged and incorporated herein. The chair that caused the Plaintiff's injuries was designed by the Defendant, R. T. G. FURNITURE CORP. The chair failed to perform as safely as an ordinary consumer would expect when used as intended or in a manner reasonably foreseeable by the Defendant. The chair reached the Plaintiff without substantial change affecting its condition from the time it was manufactured. While the Plaintiff was using the chair, the design defect caused the chair to collapse and injure the Plaintiff. The chair’s design defect was the direct and proximate cause of the Plaintiff's injuries. WHEREFORE, the Plaintiff, ANTHONY SIMEONE, demands judgment against Defendant, R. T. G. FURNITURE CORP. for damages, interest, costs and for such further relief as this court deems appropriate under the circumstances and further demand a trial by jury on all issues so triable as a matter of right. ----- **COUNT V - STRICT LIABILITY - FAILURE TO WARN** Paragraphs 1-14 are re-alleged and incorporated herein. The foreseeable risk of harm from the chair could have been reduced or avoided by providing reasonable instructions or warnings regarding the chair’s tendency to collapse. The failure to provide those warnings made the chair unreasonably dangerous by failing to alert the Plaintiff that the chair could break apart and collapse. Defendant, R. T. G. FURNITURE CORP. 'S, failure to warn was the direct and proximate cause of the Plaintiff's injuries. WHEREFORE, the Plaintiff, ANTHONY SIMEONE, demands judgment against Defendant, R. T. G. FURNITURE CORP. for damages, interest, costs and for such further relief as this court deems appropriate under the circumstances and further demand a trial by jury on all issues so triable as a matter of right. **COUNT VI - NEGLIGENCE** Paragraphs 1-14 are re-alleged and incorporated herein. As the designer, manufacturer, distributor, and/or seller of the chair, the Defendant owed a duty to use reasonable care in the design, manufacture, and/or sale of a product that was reasonably safe for its intended and foreseeable use. Defendant breached this duty by designing, manufacturing, and/or selling a chair that Defendant knew or should have known was defective and posed an unreasonable risk of injury to consumers. Defendant also failed to warn Plaintiffs of the unreasonable risk of injury in using a chair that Defendant knew or should have known was defective. As the direct and proximate cause of the Defendant’s negligence, the chair broke apart and collapsed when it was utilized in a normal and foreseeable manner by the Plaintiff. ----- As a direct and proximate result of the Defendant’s negligence, the Plaintiff, ANTHONY SIMEONE, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, lost wages and earning capacity, expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, the Plaintiff, ANTHONY SIMEONE, demands judgment against Defendant, R. T. G. FURNITURE CORP. for damages, interest, costs and for such further relief as this court deems appropriate under the circumstances and further demand a trial by jury on all issues so triable as a matter of right. **COUNT VII - LOSS OF CONSORTIUM** Paragraphs 1-14 are re-alleged and incorporated herein. At the time of the accident complained of in the Plaintiffs’ Complaint, the Plaintiffs were married. Plaintiffs continue to be married. That as a result of the negligent acts of the Defendant, the Plaintiffs were caused to suffer, and will continue to suffer in the future, loss of consortium, loss of society, affection, assistance, and conjugal fellowship, all to the detriment of their marital relationship. That all the injuries and damages were caused solely and proximately by the negligence of the Defendant. WHEREFORE, the Plaintiff, FRANCES SIMEONE, demands judgment against Defendant, R. T. G. FURNITURE CORP. for damages, interest, costs and for such further relief as this court deems appropriate under the circumstances and further demand a trial by jury on all issues so triable as a matter of right. ON NEXT PAGE] ----- Signed andd this 11[th] day of November 2024. **KOGAN AND DiSALVO, P. A. ** 3615 West Boynton Beach Blvd. Boynton Beach, FL 33436 Phone: (561) 375-9500 Fax: (561) 374-7898 By: _/s/ George M. Bakalar_ GEORGE M. BAKALAR, ESQ. Florida Bar No. : 802689 [Email: gmbakalar@koganinjurylaw. com](mailto:gmbakalar@koganinjurylaw. com) BRIGITTE M. JOLLIET, ESQ. Florida Bar No. : 1054771 [Email: bjolliet@koganinjurylaw. com](mailto:bjolliet@koganinjurylaw. com) Counsel for Plaintiffs Anthony Simeone and Frances Simeone. -----"
},
{
"from": "gpt",
"value": "IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA ANTHONY SIMEONE and FRANCES SIMEONE, Plaintiffs, vs. R. T. G. FURNITURE CORP. , Defendant. _________________________________/ **PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO** **DEFENDANT, R. T. G. FURNITURE CORP. ** Plaintiffs, ANTHONY SIMEONE and FRANCES SIMEONE, by and through the undersigned counsel and pursuant to Rule 1. 350, Fla. R. Civ. P. , hereby request that Defendant, R. T. G. FURNITURE CORP. , produce at the offices of Plaintiffs’ counsel, located at 3615 W. Boynton Beach Boulevard, Boynton Beach, FL 33436, the following items within forty-five (45) days after service of this request: Any and all policies of insurance which you contend cover or may cover you for the allegations set forth in Plaintiff’s Complaint, including any and all declaration pages, policy forms and endorsements. Any and all documents related to the warnings and instructions provided with the subject chair (SKU No. 26320072) from January 2021 to the present. Any and all documents reflecting the sale and distribution of the subject chair (SKU No. 26320072) to the Plaintiff. Any and all documents reflecting the inspection of the subject chair (SKU No. 26320072) that was sold to the Plaintiff. ----- Copies of any and all marketing materials, advertisements, or promotional materials for the subject chair (SKU No. 26320072) from January 2021 to the present. Any and all documents concerning any known issues, complaints, or investigations related to defects or safety issues with the subject chair (SKU No. 26320072) from January 2021 to the present. Any and all documents, drawings, schematics, and specifications related to the design, manufacture, and assembly of the subject chair (SKU No. 26320072) from January 2021 to the present. Copies of any and all quality control and inspection reports for the subject chair (SKU No. 26320072), including any reports or assessments related to product safety, durability, or defect detection from January 2021 to the present. Copies of any and all warranty policies and records of any and all notices, consumer advisories, or safety bulletins issued regarding the subject chair (SKU No. 26320072) from January 2021 to present. Copies of any and all any recall notices or advisories that were provided to consumers or the retailer where Plaintiff purchased the chair from January 2021 to present. Copies of any and all consumer complaints, claims, incident reports, inspections, or investigations concerning the subject chair (SKU No. 26320072) from January 2021 to the present. Copies of the company’s product safety and quality assurance policies or procedures applicable to the subject chair (SKU No. 26320072) from January 2021 to the present. ----- Any and all risk management, safety assessments, or incident analysis reports prepared for the subject chair (SKU No. 26320072) from January 2021 to the present. Records showing the qualifications, training, and employment history of any employees responsible for the design, quality control, inspection, sale, or delivery of the subject chair (SKU No. 26320072) from January 2022 to the present. I HEREBY CERTIFY that a true and correct copy of the foregoing Request to Produce has been served on the Defendant along with the Summons and Complaint. **KOGAN AND DiSALVO, P. A. ** 3615 West Boynton Beach Blvd. Boynton Beach, FL 33436 Phone: (561) 375-9500 Fax: (561) 374-7898 By: _/s/ George M. Bakalar_ GEORGE M. BAKALAR, ESQ. Florida Bar No. : 802689 [Email: gmbakalar@koganinjurylaw. com](mailto:gmbakalar@koganinjurylaw. com) -----"
}
]
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[
{
"from": "system",
"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
},
{
"from": "human",
"value": "IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA KIMBERLY ST. LOUIS, case **2009CPrQO95** **5** **9XXXX** Plaintiff, vs. FLORIDA BAR NO. : 00477$§: IAN ROVNER, Defendant. ``` ----- at 5 GH ``` **VERIFIED** **COMPLAINT** **FOR** **PARTITION** **AND** **FOR** **DAMAGES^** Plaintiff, KIMBERLY ST. LOUIS (“Plaintiff”) by and through undersigned counsel, files this verified complaint for partition and damages against Defendant, IAN ROVNER (“Defendant”), and alleges as follows: **COUNT** **I** **-** **PARTITION** This is an action for partition of real and personal property instituted under Florida Statute Chapter 64. The real property that is the subject of this action is situated in Palm Beach County, Florida, with an address of 9157 Dupont Place, Wellington, Florida 33414 and is more particularly described as follows: Lot 1818, of Olympia - Plat II, Block “F” Replat, according to the Platr thereof, as recorded in Plat Book 101, page 36, of the Public Records of Palm Beach County, Florida. The property is owned by Plaintiff and Defendant as joint tenants with full rights of survivorship with each party owning an undivided fifty per cent (50%) iMgrest in the property. Plaintiff resides at 1335 Olive Tree Circle, Greenacres, Palm Beach County, Florida. Defendant resides at the property. ----- Venue is proper in Palm Beach County, Florida as the causes of action alleged herein accrued in said county and the subject real property is located in Palm Beach County, Florida. Personal property including but not limited to furniture and furnishings acquired by the parties for the real property is also jointly owned with each party owning an undivided fifty per cent (50%) interest in the personal property. Plaintiff has no knowledge of any parties who claim an interest in the property or who will be materially affected by this action other than Plaintiff and Defendant except the recorded mortgage on the property in the amount of $100, 000. 00. Each of the parties is over 18 years of age. The property is not reasonably susceptible of an equitable physical division because of the configuration of certain improvements on it. A private sale of the real and personal property under F. S. 64. 061(4) would not be prejudicial to the interests of the defendant. The prosecution of this partition action is for the common benefit of Plaintiff and Defendant. Defendant has exclusive possession of said property without providing Plaintiff compensation for his use of her share of the property. Due to Defendant’s exclusive possession of the property, Plaintiff is entitled to compensation during the pendency of these proceedings. Plaintiff has retained the law firm of Vincent, Kahn & Shearin, LLC to represent :Plaintiff in this action, and has agreed to pay the firm a reasonable fee for its services. WHEREFORE, Plaintiff respectfully requests the court to order the private sale of the real and personal property jointly owned and distribute the proceeds ofthe sale among the Plaintiff and Defendant as their interests may appear; award Plaintiff compensation for the period ----- that Defendant had exclusive possession of the property; award to Plaintiff reasonable attorney’s fees and costs incurred in this action, and order the payment of those fees and costs from the proceeds of the sale, with each party bearing a proportionate share of the attorney’s fees; and enter any other relief this court deems just and proper. **COUNT** **II** **-UNJUST** **ENRICHMENT** This is an action for damages that exceeds $15, 000. 00. Plaintiff is an individual sui juris residing in Palm Beach County, Florida. Defendant is an individual sui juris residing in Palm Beach County, Florida. Venue is proper in Palm Beach County, Florida as the property at question is located in Palm Beach County, Florida. Plaintiff and Defendant purchased a residential home as joint tenants with rights of survivorship, described in paragraph 2 above and personal property such as furniture and furnishings for said home. Closing on the property was held on September 4, 2007. Plaintiff and Defendant resided in the property until March 5, 2009 when Defendant had Plaintiff forcibly removed from the property and since that time Defendant has maintained exclusive possession of said property. Plaintiff contributed funds and other considerations for said property of which Defendant was aware. Defendant has refused to compensate Plaintiff for the benefits she conferred to Defendant and it would be inequitable for him to retain said property without paying the value thereof. ----- WHEREFORE Plaintiff demands judgment for damages against Defendant and for any other reliefthis court deems just and proper. D this/'$ _day_ of March, 2009. VINCENT, KAHN & SHEARIN, LLC 800 East Broward Boulevard Suite 403 Fort Lauderdale, FL 33301 (954) 524-9494 (954) 653-5027 (fax) Robert L. Shearin, Esquire Attorney for Plaintiff Florida Bar #0047759 STATE OF FLORIDA COUNTY OF PALM BEACH Before me, the undersigned authority, personally appeared KIMBERLY ST. LOUIS, who was swom and says that she has read the Verified Complaint for Partition, and as to the facts stated to be true, they are true, and as to the facts stated upon information and belief, she is informed and believes that they are true. Swom to and subscribed before me on March 211^72009 by KIMBERLY ST. LOUIS. **NOTARY** **PUBLIC-STATE** **OF** **FLORIDA** Notary Public - State of Florida **Robert** **L. ** **Shearin** **Commission** **#** **DD400985** **Expires:** **APR. ** **01, ** **2009** ’ed Thru Atlantic Bonding Co. , Inc. ----- ----- IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA KIMBERLY ST. LOUIS Plaintiff, CASE NO8D **2«l9fPr0095** **59XXXX** **\"B** vs. FLORIDA BAR NO. : 0047759 IANROVNER, Defendant. __________________________________ I_ The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form is required by the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute §25. 075. TYPE OF CASE (Place an 'x' in one box only) o-- __ Domestic Relations __Torts Other Civil ' ###### c? __ Simplified Dissolution __ Professional Malpractice Contracts - __ Dissolution of Marriage __ Products liability Condominium r“^ - CO - __ Support - FV-D Auto negligence Real property/Mortgage __ Support - Non IV-D Other negligence __ Eminent domain _URESA - IV-D x Other _URESA - NonIV-D __ Domestic Violence Other domestic relations Is Jury Trial Demanded in Complaint? Yes x No: ATTORNEY INITIATING ACTION Robert L. Shearin, Esquire Florida Bar No. : 0047759 -----"
},
{
"from": "gpt",
"value": "IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA **CASE** **NO. ** **50-2009-CA-009559-XXXX-MB** JUDGE THOMAS H. BARKDULL, III KIMBERLY ST. LOUIS, ## * Plaintiff, ### * vs. ### * IAN ROVNER, ### * Defendant. ### * ## REQUEST FOR PRODUCTION OF DOCUMENTS The Defendant requests, in accordance with **Rule** **1. 350, ** **_Florida_** **_Rules_** **_of_** **_Civil_** **_Procedure, _** that the Plaintiff produce the following documents for inspection and copying, at the offices of Christopher N. Link, P. A. , Pine Island Office Centre, 111 North Pine Island Road, Suite 209, Plantation, Florida 33324-1836, within 30 days of theof service: All documents and other items in your possession or #### control which in any way relate to the property located at 9157 Dupont Place, Wellington, Florida 33414, including, but not limited #### to all correspondence, notes, email messages, closing statements, deeds, notes and mortgages. All documents and other items evidencing all sums paid by you towards the acquisition, maintenance and upkeep of the #### property located at 9157 Dupont Place, Wellington, Florida 33414. All documents and other items evidencing all sums paid by you towards any renovations and/or improvements to the #### property located at 9157 Dupont Place, Wellington, Florida 33414. 1 ----- **CASE** **NO. ** **50-2009-CA-009559-XXXX-MB** _Kimberly_ _St. _ _Louis_ _vs. _ _Ian_ _Rovner_ All documents and other items evidencing the existence of all personal property, fumiture and/or furnishings in which the Plaintiff is claiming a 50% interest. **WE** **CERTIFY** that a true copy of the foregoing was served by mail upon counsel for the Plaintiff, Robert L. Shearin, Esquire, Vincent, Kahn & Shearin, LLC, 800 East Broward Boulevard, Suite 403, Fort Lauderdale, Florida 33301, this 24th day of March, 2009. CHRISTOPHER N. LINK, P. A. Attorneys for Defendant Pine Island Office Centre 111 North Pine Island Road, Suite 209 Plantation, Florida 33324-1836 Phone: (954) 915-0400 - Fax: (954) 424-0895 Email: LinkFamilyLaw@earthlink. net By: CHRISTOPHER \\NJ N K Florida Bar No. 887821N 2 -----"
}
]
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[
{
"from": "system",
"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
},
{
"from": "human",
"value": "IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO:502022CA005093XXXXMB(AE) NATIONAL BIO-SAFE, INC. , Plaintiff, vs. BLAINE MINTON, and SAMANTHA MINTON, Defendants. __________________________/ **AMENDED COMPLAINT** The plaintiff, NATIONAL BIO-SAFE, INC. , sues the defendants, BLAINE MINTON and SAMANTHA MINTON, and alleges: This is an action for damages in excess of Thirty Thousand Dollars ($30, 000. 00), exclusive of interest and costs. The plaintiff, NATIONAL BIO-SAFE, INC. , is a corporation licensed and authorized to do business in the State of Florida, including Palm Beach County, and is otherwise sui juris. The defendant, BLAINE MINTON, is a a resident of Palm Beach County, Florida, and is otherwise sui juris. The defendant, BLAINE MINTON, was the owner and in possession of real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida, at all times material hereto. The defendant, SAMANTHA MINTON, is a resident of Palm Beach County, Florida, and is otherwise sui juris. The defendant, SAMANTHA MINTON, was the owner and in possession of real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida, at all times material hereto. ----- The plaintiff, NATIONAL BIO-SAFE, INC. , performed services, demolition, moisture and water testing, mold remediation, and provided materials and supplies to the real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida, at all times material hereto. Venue is proper in this jurisdiction as one or more of the acts complained of occurred in Palm Beach County, the defendants, BLAINE MINTON and SAMANTHA MINTON, reside in Palm Beach County and the real property which is the subject matter of this lawsuit is located in Palm Beach County, Florida. **COUNT I** **BREACH OF CONTRACT AS TO BLAINE MINTON** Plaintiff realleges and reaffirms paragraphs 1 through 8 and further alleges: At all times material hereto, defendant, BLAINE MINTON, was the owner, in possession of or had the right of control of the real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida. The above described real property had three separate structures thereon consisting of the main house, pool house and garage house. On August 27, 2020, defendant, BLAINE MINTON, contacted plaintiff, NATIONAL BIO-SAFE, INC. , to meet at the real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida to assess water, moisture and mold damage in the three structures located on the property. Plaintiff, NATIONAL BIO-SAFE, INC. , commenced with moisture evaluation of the mold damage in the three structures. The moisture evaluation in the three structures commenced in the walls, ceilings and floors. On August 28, 2020, plaintiff, NATIONAL BIO-SAFE, INC. , and defendant, BLAINE MINTON, entered into an oral contract. On August 28, 2020, defendant, BLAINE MINTON, requested to plaintiff, NATIONAL BIO-SAFE, INC. , to perform moisture and water testing in the three structures, to assess and ----- conduct moisture evaluation, and to perform mold remediation at the above described real property. On August 28, 2020, plaintiff, NATIONAL BIO-SAFE, INC. , offered to defendant, BLAINE MINTON’s, to perform moisture and water testing in the three structures, to assess and conduct moisture evaluation, and to perform mold remediation for a fee at the above described real property. On August 28, 2020, defendant, BLAINE MINTON, accepted, hired and orally contracted with plaintiff, NATIONAL BIO-SAFE, INC. , to perform moisture and water testing in the three structures, to assess and conduct moisture evaluation, and to perform mold remediation at the above described real property. Defendant, BLAINE MINTON, agreed to pay plaintiff, NATIONAL BIO-SAFE, INC. , a reasonable fee for their services, work and materials. Plaintiff, NATIONAL BIO-SAFE, INC. , performed their work, services, testing, drying out, and mold remediation through November 30, 2020. Plaintiff has performed all conditions precedent to be performed by plaintiff or the conditions have occurred. Plaintiff has demanded payment of the above described services, demolition, mold remediation, moisture and water testing and materials and supplies from defendant, BLAINE MINTON. Defendant, BLAINE MINTON, has not paid plaintiff, NATIONAL BIO-SAFE, INC. , for their work, services, water testing, and remediation performed and materials, supplies, equipment and tools used on the above described real property. Defendant, BLAINE MINTON, owes plaintiff the following: Main house mold remediation $34, 000. 86 Main house EMS dry out $30, 707. 61 Pool house mold remediation $15, 038. 45 Garage house mold remediation $11, 381. 60 ----- TOTAL: $91, 128. 52 Attached as exhibit 1 are copies of the four invoices for work and services performed and materials used by plaintiff, NATIONAL BIO-SAFE, INC. , on the three structures owned by plaintiff. Attached as exhibit 2 are 249 color copies of photographs taken at defendant’s three structures depicting and showing the work and services performed and materials used by plaintiff, NATIONAL BIO-SAFE, INC. , pursuant to the oral contract, at defendant’s property from 8/27/2020 to 11/29/2020. Attached as exhibit 3 in a timeline chronology of the work and services performed by plaintiff, NATIONAL BIO-SAFE, INC. , at defendant’s three structures on defendant’s property from 8/27/2020 to 11/29/2020. WHEREFORE, plaintiff, NATIONAL BIO-SAFE, INC. , demands a judgment for damages against defendant, BLAINE MINTON, together with interest and court costs. **COUNT II** **OPEN ACCOUNT FORM 1. 932, FLORIDA RULES OF CIVIL PROCEDURE** **AS TO BLAINE MINTON** Plaintiff realleges and reaffirms paragraphs 1 through 8 and further alleges: Defendant, BLAINE MINTON, owes plaintiff, NATIONAL BIO-SAFE, INC. , the sum of $91, 128. 52, for their services, demolition, moisture and water testing performed, mold remediation, and materials and supplies used on defendant’s real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida that is due with interest since November 30, Attached as exhibit 1 is a copy of the account/invoicing showing items, time of accrual of each, and amount of each item, for the above described real property. WHEREFORE, plaintiff, NATIONAL BIO-SAFE, INC. , demands a judgment for damages against defendant, BLAINE MINTON, together with interest and court costs. ----- **COUNT III** **FRAUDULENT INDUCEMENT AS TO BLAINE E. MINTON** Plaintiff realleges and reaffirms paragraphs 1 through 8 and further alleges: Defendant, BLAINE MINTON, hired and orally contracted with plaintiff, NATIONAL BIO-SAFE, INC. , to perform services, demolition, moisture and water testing, and mold remediation at the real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida. Defendant, BLAINE MINTON, represented to plaintiff, NATIONAL BIO-SAFE, INC. , that defendant would pay plaintiff for their demolition, moisture and water testing, mold remediation, services performed and materials and supplies utilized at the above described real property. From August 27, 2020, thru November 30, 2020, and for the numerous months thereafter, defendant, BLAINE MINTON, continued to represent to plaintiff, NATIONAL BIO-SAFE, INC. , that defendant would pay plaintiff for their demolition, moisture and water testing performed, mold remediation, services performed and materials and supplies used on the above described real property, and not encumber the property. The representations by defendant, BLAINE MINTON, were knowingly and intentionally false. Defendant, BLAINE MINTON, always intended to use plaintiff’s expertise and efforts in mold remediation to have the three structures on the above described real property remediated without paying plaintiff for their demolition, moisture and water testing performed, mold remediation, services performed and materials and supplies used. The representations by defendant, BLAINE MINTON, were intentionally and falsely made to plaintiff, NATIONAL BIO-SAFE, INC. , so that plaintiff would not file a mechanic’s lien on the real property owned by defendant, BLAINE MINTON. Defendant, BLAINE MINTON, intended for plaintiff, NATIONAL BIO-SAFE, INC. , to rely upon defendant’s representations, and plaintiff did rely on defendant’s representations by expending their time, effort, services, materials, supplies and expertise to water test, demolition and ----- remediate the three structures on the above described real property, and not file a mechanic’s lien on the real property. Plaintiff, NATIONAL BIO-SAFE, INC. , relied upon the representations made by defendant, BLAINE MINTON. Plaintiff, NATIONAL BIO-SAFE, INC. , was damaged by their reliance upon defendant’s misrepresentations that defendant would pay plaintiff for their work, services, water testing, demolition and remediation, and supplies and materials utilized at the above described real property. WHEREFORE, plaintiff, NATIONAL BIO-SAFE, INC. , demands a judgment for damages against defendant, BLAINE MINTON, together with interest and court costs. **COUNT IV** **BREACH OF CONTRACT AS TO SAMANTHA MINTON** Plaintiff realleges and reaffirms paragraphs 1 through 8 and further alleges: At all times material hereto, defendant, SAMANTHA MINTON, was the owner, in possession of or had the right of control of the real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida. The above described real property had three separate structures thereon consisting of the main house, pool house and garage house. On August 27, 2020, defendant, SAMANTHA MINTON, contacted plaintiff, NATIONAL BIO-SAFE, INC. , to meet at the real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida to assess water, moisture and mold damage in the three structures located on the property. Plaintiff, NATIONAL BIO-SAFE, INC. , commenced with moisture evaluation of the mold damage in the three structures. The moisture evaluation in the three structures commenced in the walls, ceilings and floors. On August 28, 2020, plaintiff, NATIONAL BIO-SAFE, INC. , and defendant, SAMANTHA ----- MINTON, entered into an oral contract. On August 28, 2020, defendant, SAMANTHA MINTON, requested to plaintiff, NATIONAL BIO-SAFE, INC. , to perform moisture and water testing in the three structures, to assess and conduct moisture evaluations, and perform mold remediation at the above described real property. On August 28, 2020, plaintiff, NATIONAL BIO-SAFE, INC. , offered to defendant, SAMANTHA MINTON, to perform moisture and water testing in the three structures, to access and conduct moisture evaluation, and to perform mold remediation for a fee at the above described real property. On August 28, 2020, defendant, SAMANTHA MINTON, accepted, hired and orally contracted with plaintiff, NATIONAL BIO-SAFE, INC. , to perform moisture and water testing in the three structures, to assess and conduct moisture evaluation, and to perform mold remediation at the above described real property. Defendant, SAMANTHA MINTON, agreed to pay plaintiff, NATIONAL BIO-SAFE, INC. , a reasonable fee for their services, work and materials. Plaintiff, NATIONAL BIO-SAFE, INC. , performed their work, services, testing, drying out, and mold remediation through November 30, 2020. Plaintiff has performed all conditions precedent to be performed by plaintiff or the conditions have occurred. Plaintiff has demanded payment of the above described services, demolition, mold remediation, moisture and water testing and materials and supplies from defendant, SAMANTHA MINTON. Defendant, SAMANTHA MINTON, has not paid plaintiff, NATIONAL BIO-SAFE, INC. , for their work, services, water testing, and remediation performed and materials, supplies, equipment and tools used on the above described real property. Defendant, SAMANTHA MINTON, ----- owes plaintiff the following: Main house mold remediation $34, 000. 86 Main house EMS dry out $30, 707. 61 Pool house mold remediation $15, 038. 45 Garage house mold remediation $11, 381. 60 TOTAL: $91, 128. 52 Attached exhibit 1 are copies of the four invoices for work and services performed and materials used by plaintiff, NATIONAL BIO-SAFE, INC. , on the three structures owned by plaintiff. Attached exhibit 2 are 249 color copies of photographs taken at defendant’s three structures depicting and showing the work and services performed and materials used by plaintiff, NATIONAL BIO-SAFE, INC. , pursuant to the oral contract, at plaintiff’s property from 8/27/2020 to 11/29/2020. Attached as exhibit 3 is a timeline chronology of the work and services performed by plaintiff, NATIONAL BIO-SAFE, INC. , at defendant’s three structures on defendant’s property from 8/27/2020 to 11/29/2020. WHEREFORE, plaintiff, NATIONAL BIO-SAFE, INC. , demands a judgment for damages against defendant, SAMANTHA MINTON, together with interest and court costs. **COUNT V** **OPEN ACCOUNT FORM 1. 932, FLORIDA RULES OF CIVIL PROCEDURE** **AS TO SAMANTHA MINTON** Plaintiff realleges and reaffirms paragraphs 1 through 8 and further alleges: Defendant, SAMANTHA MINTON, owes plaintiff, NATIONAL BIO-SAFE, INC. , the sum of $91, 128. 52, for their services, demolition, moisture and water testing performed, mold remediation, and materials and supplies used on defendant’s real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida that is due with interest since November 30, 2020. Attached as exhibit 1 is a copy of the account/invoicing showing items, time ----- of accrual of each, and amount of each item, for the above described real property. WHEREFORE, plaintiff, NATIONAL BIO-SAFE, INC. , demands a judgment for damages against defendant, SAMANTHA MINTON, together with interest and court costs. **COUNT VI** **FRAUDULENT INDUCEMENT AS TO SAMANTHA MINTON** Plaintiff realleges and reaffirms paragraphs 1 through 8 and further alleges: Defendant, SAMANTHA MINTON, hired and orally contracted with plaintiff, NATIONAL BIO-SAFE, INC. , to perform services, demolition, moisture and water testing, and mold remediation at the real property located at 1420 North Swinton Avenue, Delray Beach, Palm Beach County, Florida. Defendant, SAMANTHA MINTON, represented to plaintiff, NATIONAL BIO-SAFE, INC. , that defendant would pay plaintiff for their demolition, moisture and water testing, mold remediation, services performed and materials and supplies utilized at the above described real property. From August 27, 2020, thru November 30, 2020, and for the numerous months thereafter, defendant, SAMANTHA MINTON, continued to represent to plaintiff, NATIONAL BIO-SAFE, INC. , that defendant would pay plaintiff for their demolition, moisture and water testing, mold remediation, services performed and materials and supplies used on the above described real property, and not encumber the property. The representations by defendant, SAMANTHA MINTON, were knowingly and intentionally false. Defendant, SAMANTHA MINTON, always intended to use plaintiff’s expertise and efforts in mold remediation to have the three structures on the above described real property remediated without paying plaintiff for their demolition, moisture and water testing performed, mold remediation, services performed and materials and supplies used. The representations by defendant, SAMANTHA MINTON, were intentionally and falsely made to plaintiff, NATIONAL BIO-SAFE, INC. , so that plaintiff would not file a mechanic’s lien on the real property owned by defendant, SAMANTHA MINTON. ----- Defendant, SAMANTHA MINTON, intended for plaintiff, NATIONAL BIO-SAFE, INC. , to rely upon defendant’s representations, and plaintiff did rely on defendant’s representations by expending their time, effort, services, materials, supplies and expertise to water test, demolition and remediate the three structures on the above described real property, and not file a mechanic’s lien on the real property. Plaintiff, NATIONAL BIO-SAFE, INC. , relied upon the representations made by defendant, SAMANTHA MINTON. Plaintiff, NATIONAL BIO-SAFE, INC. , was damaged by their reliance upon defendant’s misrepresentations that defendant would pay plaintiff for their work, services, water testing, demolition and remediation, and supplies and materials. WHEREFORE, plaintiff, NATIONAL BIO-SAFE, INC. , demands a judgment for damages against defendant, SAMANTHA MINTON, together with interest and court costs. **JURY DEMAND** Plaintiff demands a trial by jury of all issues triable as of right. I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically transmitted on the 10th day of January, 2023, to: ADAM P. HANDFINGER, ESQUIRE and BRETT **J. MORITZ, ESQUIRE, at ahandfinger@pecklaw. com**, bmoritz@pecklaw. com, mgil@pecklaw. com, PECKAR & ABRAMSON, P. C. , Attorneys for Defendants, BLAINE E. MINTON, and SAMANTHA C. MINTON, One Southeast Third Avenue, Suite 2000, Miami, Florida 33131. LAW OFFICES OF FRED LAND FULMER, P. A. Attorneys for Plaintiff, NATIONAL BIO-SAFE, INC. Galleria Corporate Centre, Suite 1216 2455 East Sunrise Boulevard Fort Lauderdale, Florida 33304 (954)763-1052 Broward flfulmerlaw@aol. com By /s/ Fred L. Fulmer FRED L. FULMER FLA BAR NO: 347681 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- -----"
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"value": "IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO:502022CA005093XXXXMB(AE) NATIONAL BIO-SAFE, INC. , Plaintiff, vs. BLAINE MINTON, and SAMANTHA MINTON, Defendants. __________________________/ **PLAINTIFF’S FIRST REQUEST TO PRODUCE TO** **DEFENDANT, SAMANTHA MINTON** In accordance with Rule 1. 350 of the Florida Rules of Civil Procedure, the plaintiff, NATIONAL BIO-SAFE, INC. , requests the defendant, SAMANTHA MINTON, produce at the office of the undersigned attorney within thirty (30) days hereof, the following: **“Subject residence” is defined as the premises located at 1420 North Swinton** **Avenue, Delray Beach, Palm Beach County, Florida. ** Any and all photographs of the work and services performed by plaintiff at the “subject residence”. Any and all photographs of the damages to the “subject residence” you claim as a result of the work performed by the contractors as alleged in the case entitled Blaine E. Minton vs. Boca Development & Construction Corp. , et al, case no. : 502021CA004816. A copy of any insurance policy issued to you in effect at the time of the subject incident which might inure to the benefit of the plaintiff as a result of the incident alleged in the complaint. A copy of any declaration page to the insurance policy in effect at the time of the subject incident which might inure to the benefit of the plaintiff as a result of the incident alleged in the complaint. All policies of insurance, insuring the defendant which might inure to the benefit of the plaintiff as a result of the incident alleged in the complaint. ----- Any and all drawings, graphs, charts, video, photographs, not privileged or work product, pertaining to the subject claims alleged in the complaint. Any and all statements of plaintiff obtained by defendant or any agents or attorneys, recorded or written prior to, at the time of or subsequent to and related to the claims alleged in the complaint. Any and all statements of any witnesses obtained by the defendant or any agents or attorneys, recorded or written, at the time of or subsequent to and related to the claims alleged in the complaint. Any and all text messages, emails, letters or correspondence by and between plaintiff and defendant (plaintiff sent or delivered to defendant, and defendant sent or delivered to plaintiff) from your initial contact with plaintiff to presentregarding the work and services performed by plaintiff at the “subject residence”. Copies of any and all photographs, materials, documents, letters, invoices, bills or statements SAMANTHA MINTON alleges or asserts supports her claim for damages sustained as a result of the contractors who performed services at the “subject residence” in relation to the case entitled Blaine E. Minton vs. Boca Development & Construction Corp. , et al, case no. : 502021CA004816. Copies of any deposition transcript of any individual taken in the case entitle Blaine E. Minton vs. Boca Development & Construction Corp. , et al, case no. : 502021CA004816. Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #1. Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #2. Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #3. Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #4. Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #5. ----- Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #6. Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #7. Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #8. Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #9. Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #10. Any and all records, reports, letters, emails, text messages, papers, documents, materials and written evidence supporting defendant’s affirmative defense #11. I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically transmitted on the 3rd day of February, 2023, to: ADAM P. HANDFINGER, ESQUIRE and **BRETT J. MORITZ, ESQUIRE, at ahandfinger@pecklaw. com, bmoritz@pecklaw. com, ** mgil@pecklaw. com, PECKAR & ABRAMSON, P. C. , Attorneys for Defendants, BLAINE E. MINTON, and SAMANTHA C. MINTON, One Southeast Third Avenue, Suite 2000, Miami, Florida 33131. LAW OFFICES OF FRED LAND FULMER, P. A. Attorneys for Plaintiff, NATIONAL BIO-SAFE, INC. Galleria Corporate Centre, Suite 1216 2455 East Sunrise Boulevard Fort Lauderdale, Florida 33304 (954)763-1052 Broward flfulmerlaw@aol. com By /s/ Fred L. Fulmer FRED L. FULMER FLA BAR NO: 347681 -----"
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"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
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"value": "IN THE CIRCUIT COURT OF THE 15[TH ]JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, STATE OF FLORIDA CIVIL DIVISION KIMBERLY ANN TCHIVIDJIAN, Plaintiff, CASE NO: 2023-CA-002312 vs. WOW VENTURES LLC D/B/A HIJINKS SPORTS GRILL, a Florida Limited Liability Company, SYDNEY SMITH, individually, and AMMY SMITH, individually, Defendants. __________ / **REQUEST FOR PRODUCTION TO PLAINTIFF, KIMBERLY ANN** **TCHIVIDJIAN** Defendant, WOW VENTURES LLC. D/B/A HIJINKS SPORTS GRILL, a Florida Limited Liability Company, (“Hijinks”), by and through its undersigned counsel and pursuant to Rule 1. 350 of The Florida Rules of Civil Procedure, hereby instructs Plaintiff, KIMBERLY ANN TCHIVIDJIAN (“Plaintiff”) to produce for inspection and/or copying within thirty (30) days, copies of the following documents relating to the subject litigation that are in Plaintiff’s possession, custody or control, or are in the possession, custody or control of any agent, servant, employee, attorney or representative of Plaintiff. **INSTRUCTIONS FOR ANSWERING** You are required in responding to this Request for Production to obtain and furnish all information available to you and any of your representatives, employees, agents, brokers, servants, or attorneys and to obtain and furnish all information that is in your possession or under your control, or in the possession or under the control of any of your representatives, employees, agents, servants or attorneys. Each Request which seeks information relating in any way to communications, to, from, or within a business and/or corporate entity, is hereby designated to demand, and should be construed to include, all communications by and between representatives, employees, agents, brokers and/or servants of the business and/or corporate entity. ----- Each Request should be responded to separately. However, a document which is the response to more than one request may, if the relevant portion is marked or indexed, be produced and referred to in a later response. All documents produced shall be segregated and identified by the paragraphs to which they are primarily responsive. Where required by a particular paragraph of this Request, documents produced shall be further segregated and identifies as indicated in this paragraph. For any documents that are stored or maintained in files in the normal course of business, such documents shall be produces in such files, or in such a manner as to preserve and identify the file from which such documents were taken. If you object to part of any Request, please furnish documents responsive to the remainder of the request. Each Request refers to all documents that are either known by the defendant to exist or that can be located or discovered by reasonably diligent efforts of the defendant. The documents produced in response to this request shall include all attachments and enclosures. The documents requested for production include those in the possession, custody, or control of defendant, its agents, representatives, or attorneys. References to the singular include the plural. The use of any tense of any verb shall be considered also to include within its meaning all other tenses of the verb so used. [If under Federal Rules of Civil Procedure:] Please note that the defendant, pursuant to Federal Rules of Civil Procedure 26(e), is under a continuing duty to seasonably supplement the production with documents obtained subsequent to the preparation and filing of a response to each request. All documents called for by this Request (or related to this Request) for which the defendant claims a privilege or statutory authority as a ground for non-production shall be listed chronologically as follows: a. The place, and manner of recording or otherwise preparing the document; b. The name and title of the sender; c. The identity of each person or persons (other than stenographic or clerical assistants) participating in the preparation of the document; d. The identity and title, if any, or the person or persons supplying the attorney with the information requested above; ----- e. The identity of each person to whom the contents of the document have heretofore been communicated by copy, exhibition, sketch, reading or substantial summarization, thes of said communication, and the employer and title of said person at the time of said communication; f. Type of document; g. Subject matter (without revealing the relevant information for which privilege or statutory authority is claimed); and h. Factual and legal basis for claim, privilege or specific statutory or regulatory authority which provides the claimed ground for non-production. Each Request for a document or documents shall be deemed to call for the production of the original document or documents to the extent that they are in, or subject to, directly or in directly, the control of the party to whom this Request is addressed. In addition, each Request, should be considered as including a Request for separate production of all copies and, to the extent applicable, preliminary drafts of documents that differ in any respect from the original or final draft or from each other (e. g. , by reason of differences in form or content or by reason of handwritten notes or comments having been added to one copy of a document but not on the original or other copies thereof). All documents produced in response to this Request shall be complete, notwithstanding the fact that portions thereof may contain information not requested. If any documents requested herein have been lost or destroyed, the documents so lost or destroyed shall be identified by author, and subject matter. Where exact information cannot be furnished, estimated information is to be supplied to the extent possible. Where estimation is used, it should be so indicated, and an explanation should be given as to the basis on which the estimate was made and the reason exact information cannot be furnished. With respect to any document requested which was once in possession, custody or control, but no longer is, please indicate thethe document ceased to be in possession, custody or control, the manner in which it is ceased, and the name and address of its present custodian. Unless otherwise indicated, each Request is to be construed as encompassing all documents which pertain to the stated subject matter and to events which transpired between 2019, up to the present. Production can be accomplished by mailing the documents within the rule time to the Law Offices of Lydecker Diaz. , 4350 W. Cypress Street, Suite 910, Tampa, FL 33607. **Definitions** You, \"your\" and \"yourself refer to the party to whom the following requests are addressed. , and its agents, representatives, officers, directors, affiliates, predecessors and successors in ----- interest, parents, divisions, subsidiaries, area and regional offices, and employees including persons or entities outside of the United States. \"Person\" means natural persons, firms, proprietorships, associations, partnerships, corporations and every other type of organization or entity. \"Identify\" means when used in reference to: a. A document, to state separately: (1) Its description (e. g. letter, report, memorandum, etc. ), (2) Its, (3) Its subject matter, (4) The identity of each author or signer. (5) Its present location and the identity of its custodian b. An oral statement, communication, conference or conversation, to state separately: (1) Itsand the place where it occurred, (2) Its substance, (3) The identity of each person participating in the communication or conversation, and (4) The identity of all notes, memoranda or other documents memorializing, referring to or relating to the subject matter of the statement; c. A natural person or persons to state separately: (1) The full name of each such person, (2) His or her present, or last known business address and his or her present or last known residential address, and (3) The employer of the person at the time to which the interrogatory answer is directed and the person's title or position at that time; d. An organization or entity other than a natural person (e. g. , a company, corporation, firm, association, or partnership), to state separately: (1) The full name and type of organization or entity, (2) Theand state of organization or incorporation, (3) The address of each of its principal places of business, and (4) The nature of the business conducted. \"Communication\" shall mean any transmission of information, the information transmitted, and any process by which information is transmitted, and shall include written communications and oral communications. ----- \"Document\" or \"documents\" includes without limitation any written, typed, printed, recorded or graphic matter, however preserved, produced, or reproduced, of any type or description, regardless of origin or location, including without limitation any binder, cover note, certificate, letter, correspondence, record, table, chart, analysis, graph, schedule, report, test, study memorandum, note, list, diary, log, calendar, telex, message (including, but not limited to, inter-office and intra-office communications), questionnaire, bill, purchase order, shipping order, contract, memorandum of contract, agreement, assignment, license, certificate, permit, ledger, ledger entry, book of account, check, order, invoice, receipt, statement, financial data, acknowledgment, computer or data processing card, computer or data processing disk, computer-generated matter, photograph, photographic negative, phonograph recording, transcript or log of an such recording, projection, videotape, film, microfiche, and all other data compilations from which information can be obtained or translated, reports and/or summaries of investigations, drafts and revisions of drafts of any documents and original preliminary notes or sketches, no matter how produced or maintained, in you actual or constructive possession, custody or control, or the existence of which you have knowledge, and whether prepared, published or released by you or by any other person. If a document has been prepared in several copies, or additional copies have been made, or copies are not identical (or which by reason of subsequent modification of a copy by the addition of notations or other modifications, are no longer identical), each non-identical copy as a separate document. \"Relating to\" means consisting of, referring to, describing, discussing, constituting, evidencing, containing, reflecting, mentioning, concerning, pertaining to, citing, summarizing, analyzing or bearing any logical or factual connection with the matter discussed. \"Claim\" means a demand or assertion, whether oral or written, formal or informal, by any person for monetary payment, the undertaking of action, or the cessation of action. \"Consulted\" or \"contracted\" means any form of communication, e. g. , oral statements, telephonic conversations or other mechanical communications or any other type of communication including written letters or documents. \"Plaintiff ' means and any other individuals who have acted on the plaintiff s behalf. \"Management\" or \"manage\" includes any act of directing, conducting, administering, controlling or handling an identified function or duty. \"During the relevant time period\" shall mean a period of five years before and up to theof occurrence alleged. \"Any\" shall also mean \"all\" and vice versa. \"And\" shall mean \"or\" and \"or\" shall mean \"and\" as necessary to call for the broadest possible answer. ----- **REQUESTS FOR PRODUCTION TO PLAINTIFF, KIMBERLY ANN TCHIVIDJIAN** Copies of Federal Income Tax Returns, W-2 withholding tax statements, any and all other business records and/or income records, payroll withholding tax statements, commission statements, personal records of income and any other documents of income for six (6) years prior to the current year, together with a record of earnings toin the current year. Any and all medical or related bills, paid or owing, allegedly resulting from the subject incident or occurrence. All clinical records pertaining to medical examinations or treatments administered to Plaintiff because of the incident involved in this lawsuit, which are in the Plaintiff’s possession or control or in the possession or control of Plaintiff’s attorneys, agents, representatives or employees. All medical records, reports, hospital records, chiropractic records, osteopathic records, faith healers’ records, x-ray reports, MRI scan reports, lab results, CT scan reports, nurses notes, physical therapy records, and any other medical information in your possession, including copies of any radiographic materials such as x-ray films, CT films, MRI films, for treatment rendered to Plaintiff for injuries allegedly incurred as a result of the incident or occurrences described in the Complaint which are in the Plaintiff’s possession or control or in the possession or control of Plaintiff’s attorneys, agents, representatives or employees. All documents reflecting expenses, other than medical expenses, paid or owing allegedly resulting from the incident or occurrence as alleged in the Complaint, including but not limited to repair bills and estimates for property damage. All reports, evaluations, recommendations and/or analysis submitted by any expert expected to testify at trial, including vocational specialist and rehabilitative consultant, which relate to the incident which is the subject matter of this lawsuit and/or injuries, damages or losses allegedly caused by the incident, pursuant to Mims v. Casademont, 464 So. 2d 643 (Fla. 3d DCA 1985). All police reports, accident reports, incident reports, or any other reports made as a result of the alleged incident or occurrence alleged in the Complaint. All written or recorded statements of any witnesses to this action other than Plaintiff(s) relating to facts or issues involved in this lawsuit or a stenographic, mechanical, electrical, or other recording or transcription of a statement that is a substantial verbatim recital of an oral statement. All written or recorded statements taken of Hijinks(s), their agents or employees, relating to facts or issues involved in this lawsuit or a stenographic, mechanical, electrical, or other recording or transcription of a statement that is a substantial verbatim recital of an oral statement. ----- All photographs, graphs, charts, and other documentary evidence of the scene, parties or vehicles involved in or pertaining to the subject incident, occurrence or issues in this cause. All photographs and/or films depicting injuries Plaintiff allegedly sustained as a result of the subject incident. All photographs, graphs, charts, diagrams, documents, and/or other documentary or physical evidence of the incident scene, the subject product, or any objects present at the incident scene that depict things or conditions that have changed since the photographs were taken. Pierson v. Seale, 128 So. 2d 887 (Fla. 3d DCA 1961). All insurance policies in full force and effect on theof the incident described in the Complaint providing any type of insurance under which Plaintiff received or is eligible to receive in connection with medical, health, hospital, accident, Medicare, Medicaid, disability, sickness, Social Security, worker’s compensation, income disability, wage continuation, lost wages, umbrella liability, and other expenses occasioned as a result of the subject incident and as to all insurance available to Plaintiff the following: a. All contracts of insurance and/or other similar benefits applied for, together with the identification card and declaration sheet of all insurance in effect on theof the occurrence described in the Complaint; b. All applications for benefits available under the above-referenced insurance policies; c. All records of payments, duplicate checks, check stubs, memos and correspondence relating to payment made under the above-referred to policies; and d. All applications for insurance as above-referenced applied for by Plaintiff. All documents relating to any settlement by Plaintiff with any other person or entity who may have been liable for damages claimed by Plaintiff. All documents relating to payment by any source, and any resulting lien, for medical bills, doctor bills, hospital bills, prescription bills, ambulance bills, or bills for any similar expenses incurred by Plaintiff(s) as a result of the alleged incident described in the Complaint. All documents relating to any efforts by Plaintiff to seek employment (or to seek compensation for the performance of services) with any employer, person or entity at any time from theof the subject incident through theof your response to this request. All documents relating to any Medicare, Medicaid, Social Security, unemployment, other governmental benefits or other benefits of any kind whatsoever which you have applied to and/or received since theof the subject incident. ----- All medical reports, clinical records and documents relating to the care, examination, and treatment of Plaintiff by any and all physicians, hospitals, or other practitioners of any kind, whatsoever, for any medical or other health-related conditions, of any kind, for any illnesses, conditions or injuries of the Plaintiff for the past ten (10) years. Each and every document, including employment or payroll record, time sheet, attendance log or writing of any type documenting each and every day or partial day you claim to have missed from work as a result of the incident which is the subject matter of this lawsuit. Any and all curriculum vitae for experts expected to testify at trial of this cause. Any and all bills or statements for services submitted by experts expected to testify at trial of this cause and documentation reflecting the amount for such services paid to. All documents provided by any expert witnesses retained or consulted by Plaintiff in connection with this matter, whether or not Plaintiff intends to call the expert as a witness. Legible copy of the front and back of the Plaintiff’s current driver’s license. Legible copy of the front and back of all cards reflecting Plaintiff’s medical or health insurance providers. All documents relating to any meetings, discussions, encounters and/or conversations, whether public or private, that Plaintiff had with any present and/or former agent or employee of Hijinks. A copy of the Application and/or Claim for Benefit and/or Claim for Payment submitted by Plaintiff to Plaintiff's insurance company for either personal injuries and/or property damage sustained by Plaintiff, in the subject accident and/or incident. Any and all medical reports which reflect any injury, disability, infirmity or illness suffered by the Plaintiff which pre-existed the incident which forms the subject matter of this litigation. Any and all accidents and/or incident reports which reflect accidents or incidents involving the Plaintiff which occurred prior to the incident which forms the subject matter of this litigation. Any and all accident and/or incident reports which reflect accidents or incidents involving the Plaintiff which occurred subsequent to the incident which forms the subject matter of this litigation. In support of this Request for Production, Hijinks would show that it is unable to obtain the materials without due expense and hardship. The articles are in the sole or exclusive possession ----- #### of the Plaintiff, her agents, or attorneys; and such items are necessary for Hijinks to properly prepare [its][ case. ] #### CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 25th day of October 2023, a true and correct copy of the foregoing has been furnished by Eservice to: Glen B. Levine, Esq. , Elie Anidjar, Esq. , LAW OFFICES OF ANIDJAR & LEVINE, P. A. , Attorneysfor Plaintiff [ pleadings@anl-law. com ] and the original [has][ been][ filed][ with][ the][ Court. ] #### LYDECKER LLP 4350 W. Cypress St Suite 910 Tampa, [FL][ 33607] Counselfor Defendant Telephone [No. :] (813) [443-8424] Facsimile No. : (305) 416-3190 BY: /s/ Dawn ## George_ DAWN E. GEORGE, ESQ. Florida Bar No. : 1006408 deg@lydecker. com ANA REYES, ESQ. Florida Bar No. : 1036548 apr@lydecker. com -----"
}
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"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
},
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"from": "human",
"value": "----- ----- ----- ----- ----- ----- ----- ----- ----- ----- -----"
},
{
"from": "gpt",
"value": "IN THE CIRCUIT COURT OF THE 15™ JUDICIAL COURT IN AND FOR PALM BEACH COUNTY, FLORIDA KIMBERLY ANN TCHIVIDJIAN, Plaintiff, vs. WOW VENTURES LLC, d/b/a HIJINKS SPORTS GRILL, a Florida Limited Liability Company, Defendant. ##### FIRST REQUEST FOR PRODUCTION TO DEFENDANT, WOW VENTURES LLC, d/b/a HIJINKS SPORTS GRILL. # _/ ##### COMES NOW, the Plaintiff, by and through undersigned counsel, and pursuant to Florida Rules of Civil Procedure, Rule 1. 350, and files this First Request for Production to Defendant, ##### WOW VENTURES LLC, d/b/a HIJINKS SPORTS GRILL. , and requests the Defendant produce [the][ items][ listed][ below][ in][ accordance][ with][ Rule][ 1. 350:] Any [and][ all][ Policies][ of][ Insurance][ that ]you [contend][ cover][ or] may [cover] any Defendant[ for] the allegations contained in Plaintiffs' Complaint. Any [and][ all][ documents][ which] support [the][ affirmative][ defenses][ in] your [answer. ] Any [and][ all] reports [of] expert [witnesses][ who][ will] testify [at][ time][ of][ trial] pertaining [to] any issue involved in this lawsuit. Any [statements][ of][ the][ Plaintiff][ taken][ in][ connection][ with][ the][ above][ lawsuit. ] Any model, plat, map, drawing, [motion] picture, [video] tape, [or] photograph pertaining to any [fact][ or][ issue][ involved][ in][ this] controversy. A copy of the title and registration for the subject bar/restaurant. 1 ----- A copy of your driver’s license. Any [materials] you [intend][ to][ use][ at][ trial][ to] impeach [the] parties, [their][ witnesses][ or] experts, including impeachment [material][ set][ forth][ in][ and] Northup[ v. ][ Acken][ 865][ So. 2d][ 1267] (Fla. 2004). Any [and][ all][ invoices][ and/or] repair [estimates][ of][ Defendant’s][ bar/restaurant] pertaining [to] the accident. ##### CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished via the Florida court E-Filing Portal to: Dawn E. George, Esq. and Ana Reyes, Esq. , Lydecker LLP, [4350][ W] Cypress St, [Suite] 910, Tampa, [Florida] 33607, [Counsel]for Defendant, at: deafh lvdecker. com and aiir. t71vdecker. com, on this 0 day [of] December, [2023. ] LAW OFFICES OF ANIDJAR & LEVINE, P. A. 300 SE 17th Street Fort Lauderdale, Florida 33316 Phone (954) 525-0050/Fax (954) 525-0020 E-Service: pleadings# anl, -, law. com By: GLEN B. LEVINE, ESQ. FBN 0144355 ANTHONY K. GOODMAN, ESQ. FBN 019641 2 -----"
}
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"from": "system",
"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
},
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"value": "IN THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA Probate Division: File No: FRIENDS OF THE ISRAEL DEFENSE FORCES Plaintiff, V. LAINIE BETH ROLDAN Defendant. / COMPLAINT Plaintiff, FRIENDS OF THE ISRAEL DEFENSE FORCES (\"FIDF\"), by and through its undersigned counsel, sues Defendant, LAINIE BETH ROLDAN (\"ROLDAN\"), as follows: FACTS COMMON TO ALL COUNTS This is an action concerning the Barry Rubin Legacy Trust under the Last Will and Testament of Barry E. Rubin dtd. December 3, 2019 (\"Trust\") [Exhibit \"A\"]. The principle place of administration of the Trust is Palm Beach County, Florida. FIDF is a 501(c)(3) not-for-profit organization and the residuary beneficiary under both the Will and Trust. Refer to ARTICLE IX of the Trust. ROLDAN is a resident of Palm Beach County, Florida. This Court has jurisdiction over the parties and the subject matter of this action. On December 3, 2019, Barry E. Rubin executed the Trust. Barry E. Rubin (\"decedent\") died on October 27, 2021 in Palm Beach County, Florida at which time the Trust because irrevocable. Prior to his death, the decedent owned the following assets: Asset DOD Value Owner/Benefieiary/Joint Owner 2014 Merces Benz E350 $13, 189. 00 Barry E. Rubin Misc. tangible personal property 10, 000. 00 Barry E. Rubin Charles Schwab Acct#REDACTED 9, 099, 788. 61 Barry E. Rubin ----- REDACTE REDACTE REDACTE ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- REDACTE ----- ----- REDACTED R -----"
},
{
"from": "gpt",
"value": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA FRIENDS OF THE ISRAEL CASE NO: 502022CP003828XXXXSB DEFENSE FORCES, PROBATE DIVISION: IZ Plaintiff, v. LAINIE BETH ROLDAN, et. al, Defendants. ###### LAINIE BETH ROLDAN’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS # _I ###### TO FRIENDS OF THE ISRAEL DEFENSE FORCES Defendant Lanue Beth Roldan, by and through undersigned counsel, pursuant to Florida Rule ###### of Civil Procedure 1. 350, hereby requests Plaintiff Friends of the Israel Defense Forces to produce and permit the inspection of the documents identified below in its possession, custody, or control. The documents requested should be produced for inspection and copying within 30 days at Pankauski Lazarus PLLC, 415 South Olive Avenue, West Palm Beach, Florida 33401. Alternatively, you may [send] copies [of][ the][ documents][ via][ e-mail][ to] iason@phflonda. com; ##### If arrangement needs to be made to facilitate or accommothe production, please contact the undersigned [counsel. ] #### Definitions The following definitions shall apply: A. The terms \"you\" and \"your\" shall mean the person or entity to whom this request is propounded, and any and all agents, employees, attorneys, attorneys-in-fact, accountants, representatives, investigators, auditors, predecessors [and][ successors][ in] interest, [and] any [other] persons acting [or] purporting [to][ act][ on][ behalf][ of] you [or][ under][ the] control, [instruction][ or] guidance [of] your attorneys, [and] any entity [in][ which] you [have][ an] ownership [interest. ] B. The term \"Plaintiff' refers to Friends of die Israel Defense Forces. 1 ----- C. The term “Defendant” refers to Lainie Beth Roldan. D. The term “Decedent” refers to Barry E. Rubin. E. The term “Will” refers to the Last Will and Testament of Barry E. Rubind December 3, 2019. F. The term “Beneficiary Designation” refers to the Designated Beneficiary Plan Agreementd October 19, 2021 with Charles Schwab. G. The \"Amended Complaint” means the Amended Complaint that you filed in this action on September 19, 2022. H. The term \"document\" shall mean the originals and all non-identical copies of any written, recorded, or graphic matter, however produced, reproduced, or fixed in a tangible medium of expression, of every kind, and regardless of where located, and all tangible and intangible things from which information can be processed or transcribed, including the originals and all non-identical copies, including but not limited to any summary, schedule, memorandum, note, message, electronic mail, statement, computer record, letter, telegram, facsimile, telefax, bulletin, inter- or intra-office communication, report, diary, desk or pocket calendar, electronic calendar, notebook, day book, chronological data compilation, appointment book, message slip, message book, pamphlet, periodical, magazine, newspaper article, advertisement, list, graph, motion picture, photograph, x-ray or other machine-produced diagnostic picture or depiction, chart, index, tape, record, drawing, compilation, tabulation, computer print-out, computer-stored memory component or device, e-mail, study, analysis, transcript, minutes, books, data sheet, data processing card or tape, phone records, correspondence, ledgers, invoices, worksheets, receipts, returns, prospectuses, financial statements, schedules, affidavits, contracts, agreements, subcontracts, bonds and similar documents, cancelled checks, checkbooks, check stubs, promissory notes, complaints and all other pleadings, judgments, transcripts, statistics, surveys, releases, microfiche, microfilm, metadata, electronic and digital and mechanical recordings of every kind (including but not limited to tapes, videotapes, cassettes, disks, cd's, dvd's, and all other manner of electronic, mechanical and digital recordings, including recordings using any new technology not specifically mentioned herein), notes or documents memorializing conversations or meetings or conferences, cards, notations, and all writings of any other kind, in the possession, custody or control of you or your attorney(s), and any and all drafts, amendments, revisions, alternations, modifications, changes, and amendments of all of the foregoing. The term \"document\" shall also include the files in which any such documents are maintained, including file folders and file jackets, and any indices thereof. I. The term \"all documents\" shall mean every document, group of documents, partial document, non-identical reproduction of a document, attachments, exhibits, transmittal correspondence, responses and replies. J. The term \"communication\" shall mean any oral or written statement, remark, conversation, dialogue, discussion, agreement, argument, exchange, note, contract, or transmission, between any two or more persons, including but not limited to communications in person, over the telephone, via electronic mail or instant messaging or text messaging video conferencing and all other electronic means, meetings, conferences, and other communications involving any number of persons. 2 ----- K. The term \"person\" shall mean any individual, natural person, proprietorship, partnership, firm, corporation, association, organization, joint venture, business trust, business enterprise, governmental agency or body, public entity, legal or business entity, revocable or irrevocable trust, or any other group of natural persons. L. The term \"entity\" shall mean any legal or business entity, proprietorship, business enterprise, partnership, firm, company, corporation, association, organization, joint venture, governmental agency, public entity, foundation, revocable or irrevocable trust, or any other group of natural persons working for profit or not for profit. M. The terms \"evidence”, “support” or \"relate” shall mean concerning, reflecting, relating to, respecting, referring to, summarizing, digesting, embodying, establishing, tending to establish, tending not to establish, evidencing, supporting, comprising, connected with, commenting on, referencing, responding to, disagreeing with, showing, describing, analyzing, representing, constituting and including. N. The term \"identify\", when used in reference to a document or record, shall mean and include the name and address of the custodian of the document or record, the location of the document or record, a general description of the document or record, including (1) the title of the document or record if it has one, (2) the general subject matter of the document or record, (3) theof the document or record, and (4) the name and address of the author of the document or record. If you don't know the location of each document or record, then please state the name(s) and address(es) of anyone whom you know to have possession or control of the original or copy of such document or record. **DOCUMENTS REQUESTED** All emails, text messages, and other documents by and between you and the Decedent. All documents reflecting any donation made by Decedent to you during his lifetime. All documents reflecting any planned giving or bequest that Decedent intended to make to you, such as donor pledges and donor contact records. All documents reflecting any of your donor events that Decedent attended. All internal emails, text messages, memoranda, and other communications that you created prior to Decedent’s death that in any way relate to Decedent. All documents and communications by and between you and Marc Rubin relating to Lainie Roldan, the Will, the Beneficiary Designation, the substance of the Amended Complaint or the subject matter of this litigation. 3 ----- All documents and communications by and between you and Eileen Gould relating to Lainie Roldan, the Will, the Beneficiary Designation, the substance of the Amended Complaint or the subject matter of this litigation. All documents and communications by and between you and Barbara Stubbs relating to Lainie Roldan, the Will, the Beneficiary Designation, the substance of the Amended Complaint or the subject matter of this litigation. All documents and communications by and between you and Loretta Friedman relating to Lainie Roldan, the Will, the Beneficiary Designation, the substance of the Amended Complaint or the subject matter of this litigation. All documents and communications by and between you and any other person relating to Lainie Roldan, the Will, the Beneficiary Designation, the substance of the Amended Complaint or the subject matter of this litigation. All documents which evidence, support or relate to your allegations in Paragraphs 6 and 7 of the Amended Complaint regarding the medical conditions suffered by the Decedent. All documents which evidence, support or relate to your allegation in Paragraph 9 of the Amended Complaint that the Decedent was incapable of making his own medical decisions as of October 19, 2021. All documents which evidence, support or relate to your allegations in Paragraphs 14 and 17 of the Amended Complaint that the Beneficiary Designation is void on the basis of incapacity. All documents which evidence, support or relate to your allegations in Paragraphs 14 and 23 of the Amended Complaint that the Beneficiary Designation is void on the basis of undue influence. All documents which evidence, support or relate to your allegations in Paragraphs 14 and 28 of the Amended Complaint that the Beneficiary Designation is void on the basis of fraud. 4 ----- All documents winch evidence, support or relate to your allegations in Paragraphs 14 and 33 of the Amended Complaint that the Beneficiary Designation is void on the basis of insane delusion. All documents which evidence, support or relate to your allegations in Paragraph 40 ###### of the Amended Complaint that Lanne abused her confidential relationship with Decedent and improperly acquired [and][ retained][ his] personal property. All documents which evidence, support or relate to any other allegations of the Amended Complaint. All reports or tests of any neurologist or any other medical professional relating to the Decedent’s mental capacity. All documents identified in your response to Defendant’s First Set of Interrogatories. All documents relied upon in preparing your response to answers to Defendant’s First Set of Interrogatories. ###### CERTIFICATE OF SERVICE I HEREBY CERTIFY diat a true and correct copy of the foregoing was filed electronically [and][ served][ on] January 4, 2023, [to][ the] following persons [in][ die][ method][ noted:] David M. Garten, Esq. , Law Office of David M. Garten, 400 Columbia Drive Ste. 100, West Palm Beach, [FL][ 33409][ via] e-portal [to:] dgarten@gartenlaw. com; chancock@gartenlaw. com; ###### Jordan [R. ] Hammer, Esq. , [Ellis][ Law] Group, P. L. , [4755] Technology Way, [Suite] 205, [Boca] Raton, [FL] 33431 via email to e-portal to: iordan@ellis-law. com; service@ellis-law. com; Marc H. Rubin, 10 Woodlake Drive, Croton on the Hudson, NY 10520 via US Mail; ###### Samantha Rubin, 10 Woodlake Drive, Croton on the Hudson, NY 10520 via US Mail; Matthew Rubin, 10 Woodlake Drive, Croton on the Hudson, NY 10520 via US Mail; Claire Rubin, 10 Woodlake Drive, Croton on die Hudson, NY 10520 via US Mail; ###### Eileen Gould, 300 First Avenue, Apt. 1A, New York, NY 10019 via US Mail Loretta Friedman, 34 Locust Grove Road, Saratoga Springs, NY 12866 via US Mail 5 ----- ##### Pankauski Lazarus PLLC 415 South Olive Avenue West Palm Beach, Florida 33401 Telephone: [561-514-0900] courtfilnigs@phflorida. com By: [/s/] Jason [D. ] ### L/i^ams_ Jason [D. ] Lazarus, Esq. Florida Bar No. 139040 Andrew S. Kwan, Esq. Florida Bar No. 76539 6 -----"
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"from": "system",
"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
},
{
"from": "human",
"value": "IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA DJINNEE O. GUNNING, Case No: Judge: Plaintiff(s), vs. UNITED SERVICES AUTOMOBILE ASSOCIATION and SARAH B. SMITH Defendant(s). _____ ________ _______ _______ / **COMPLAINT** Plaintiff, DJINNEE O. GUNNING, by and through undersigned counsel, sues the Defendants, SARAH B. SMITH and UNITED SERVICES AUTOMOBILE ASSOCIATION, and alleges: **GENERAL** **ALLEGATIONS** This Is a claim for damages that exceeds fifteen thousand dollars ($15, 000. 00). Plaintiff, DJINNEE O. GUNNING, at all times relevant herein, is over the age of eighteen years, sui juris, and a resident of Palm Beach County, Florida. Defendant, SARAH B. SMITH, at all times relevant herein, is over the age of eighteen years, sui juris and a resident of Palm Beach County, Florida. Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, is a foreign corporation with offices located in Palm Beach County, Florida, where it maintains sales agents, adjusters, insurance policy writers and insures risks of loss that result to policy holders who entered into a policy of automobile insurance and who resided within Palm Beach County, Florida at the time the policies were issued. At all ----- times relevant and material herein, Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, issued and provided a policy of automobile insurance to Plaintiff, DJINNEE O. GUNNING, where such policy offered underinsured/uninsured motorist benefits. The cause of actions complained of herein occurred in Palm Beach County, Florida. **COUNT** **I** **NEGLIGENCE** The Plaintiff, DJINNEE O. GUNNING, reavers and realleges each and every allegation contained in paragraphs one (1) through three (3) and five (5) above as ## if fully set forth herein. On or about May 13, 2013, Defendant, SARAH B. SMITH, was operating a vehicle owned by her on Military Trail at or near its intersection with Burns Road, City ## of Palm Beach Gardens, Palm Beach County, Florida. At said time, Defendant, SARAH B. SMITH, carelessly and negligently operated and/or maintained said vehicle and collided into the vehicle Plaintiff, DJINNEE O. GUNNING, was operating. As a result of the negligence of Defendant, SARAH B. SMITH, the Plaintiff, DJINNEE O. GUNNING, suffered bodily injury that is permanent within a reasonable degree of medical probability, resulting pain and suffering, disability, disfigurement, mental anguish, lost wages, loss of capacity for the enjoyment of life, inconvenience, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money and aggravation of a preexisting condition. These losses are either permanent or continuing and the Plaintiff will suffer these losses ----- in the future. Plaintiffs vehicle was damaged and he/she lost the use of it during the period required for its repair or replacement WHEREFORE, Plaintiff, DJINNEE O. GUNNING, demands judgment against the Defendant, SARAH B. SMITH, for damages in excess of Fifteen Thousand Dollars ($15, 000. 00), plus costs incurred herein and any other relief this court deems fit and proper. **COUNT** **TWO** **CLAIM** **FOR** **UNDERINSURED/UNINSURED** **MOTORIST** **AS** **TO** **UNITED** **SERVICES** **AUTOMOBILE** **ASSOCIATION** Plaintiff re-alleges, re-adopts and incorporates paragraphs one (1) through five (5) above as if fully set forth herein. This is an action for underinsured/uninsured motorist benefits pursuant to Section 627. 727, Florida Statutes. At all times relevant and material herein, Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, maintained and provided a policy of automobile insurance containing an endorsement for underinsured/uninsured motorist benefits issued to the Plaintiff, DJINNEE O. GUNNING, Policy Number 00064 72 82U 7104 3 Notice of a claim arising out of and directly related to the motor vehicle crash of May 13, 2013 was presented to the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION. Plaintiff is not in possession of the contract/policy of insurance, but it is readily available to and in the possession of the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION. Pursuant to the provisions of the contract/policy of insurance, Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, is obligated to pay the Plaintiff, ----- DJINNEE O. GUNNING, for the damages recoverable to her as a direct and proximate result of the negligence of Defendant, SARAH B. SMITH. As a result, Plaintiff, DJINNEE O. GUNNING, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical, nursing, and professional health care treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing, and plaintiff will suffer the losses in the future. Plaintiff’s motor vehicle was damaged and she lost the use of it during the time required for its repair or replacement. WHEREFORE, Plaintiff, DJINNEE 0. GUNNING, demands judgment against Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, for damages in excess of Fifteen Thousand Dollars ($15, 000. 00), plus costs incurred herein and any other relief this court deems fit and proper. **DEMAND** **FOR** **TRIAL** **BY** **JURY** The Plaintiff, DJINNEE O. GUNNING, hereby demands a trial by jury of all issues so triable. LITTKY, SMITH, PHIPPS & CASAS, P. A. Suite 800, Citizens Building 105 South Narcissus Avenue West Palm Beach, Florida 33401 (561) 655-8444/ office / (561) 655-5028 fax (800) 519-1965 toll free Discovery e-m? II: [lspc. discovery@lspcinjury. com](mailto:lspc. discovery@lspcinjury. com) BY:_______ ALEJAN G. CASAS, Esq. Florida Bhrllo. : 0914398 -----"
},
{
"from": "gpt",
"value": "**IN** **THE** **CIRCUIT** **COURT** **OF** **THE** **15TH** **JUDICIAL** **CIRCUIT** **IN** **AND** **FOR** **PALM** **BEACH** **COUNTY, ** **FLORIDA** **DJNNEE** **O. ** **GUNNING, ** **CASE** **NO. :** **502013CA010239XXXXMB** **DIVISION:** **GENERAL** **JURISDICTION** **Plaintiff, ** **vs. ** **UNITED** **SERVICES** **AUTOMOBILE** **ASSOCIATION, ** **Defendant. ** ``` ___________________________ I ``` **REQUEST** **TO** **PRODUCE** Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, by and through the undersigned counsel, requests **Plaintiff, ** **DJINNEE** **GUNNING, ** to produce the following items within thirty (30) days in accordance with the applicable Rules of Civil Procedure: All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint. All medical, hospital and/or other related bills regarding the accident alleged in the Complaint. All medical reports and/or hospital records in your possession regarding the accident alleged in the Complaint. Documentation substantiating health insurance coverage available to Plaintiff on theof the accident sued upon. Any statements, either recorded or written, and in the custody of Plaintiff or ### Plaintiffs attorney made by Defendant in regard to the above matter. ----- Any statements, either recorded or written, and in the custody of Plaintiff or ### Plaintiffs attorney made by persons who have knowledge concerning the subject incident. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or any other data compilation for the equipment owned or used by plaintiffs for the months of May 2013 and June 2013. Any and all films, diagnostic tests, MRI’s, x-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained, or translated if necessary which are in possession of Plaintiff and/or counsel for Plaintiff. If a claim is made for lost wages and/or loss of earning capacity in the future, all Federal Income Tax Returns and W-2 Forms of the Plaintiffs herein from five (5) years prior to the accident sued upon to the present. If a claim is made for lost wages and/or loss of earning capacity in the future, all withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff for the current calendar year. Any and all medical records, hospital records, emergency room records and records from any health care provider pertaining to the treatment of Plaintiff for any reason in the five (5) years prior to the referenced incident. Any and all bills, statements or receipts relating to any non-medical expenses claimed as damages in this lawsuit that have not been produced in response to any of the preceding paragraphs. Any bills and/or estimates for the repair of plaintiffs vehicle any other damaged property. If the vehicle was not repairable, in addition, attach estimates of the value of the ----- vehicle on theof the alleged incident and estimates and/or receipts concerning salvage value. Any and all photographs of the vehicles involved in the incident before and after the accident. Any and all photographs of Plaintiff depicting injuries sustained as a result of the within incident. Any releases, “Mary Carter Agreements, ” and any other type of settlement agreements between Plaintiff and any other party which may have been responsible for the damages claimed by Plaintiff. Any and all policies of insurance providing collateral source payments to Plaintiff, including, but not limited to, PIP insurance, medical payment insurance, disability insurance, and/or employment related insurance. Any and all claim forms submitted by Plaintiff pursuant to the policies of insurance referred to in Paragraph 17 above. All incident reports filed by Plaintiff for any purpose, including, but not limited to, reports to employer and/or insurance company regarding the incident, if applicable, and/or any other reports filled out by Plaintiff. All documents, papers or evidence to be introduced at trial. All expert reports from any experts who will testify at trial. All reports, statements, written opinions and affidavits prepared by any experts retained by, or on behalf of, Plaintiff and who may called by Plaintiff to testify at the trial of this cause. **_See, _** **_Mims_** **_v. _** **_Casademont, _** **_N. D. ,_** 464 So. 2nd 643 (Fla. 3dDCA 1985). ----- **CERTIFICATE** **OF** **SERVICE** **I** **HEREBY** **CERTIFY** that a true and correct copy of the foregoing was served via e-mail to: Alejandro G. Casas, Esq. , LITTKY, SMITH, PHIPPS & CASAS, P. A. , 105 South Narcissus Avenue, Suite 800, West Palm Beach, FL 33401, [lspc. discovery@lspcinjury. com, ](mailto:lspc. discovery@lspcinjury. com) this 18th day of August, 2013. LAW OFFICES OF KEVIN M. McGOWEN Attorneys for Defendant USAA 1000 South Pine Island Road, Suite 420 Plantation, Florida 33324 Primary e-mail: [hmg. pld. sfl@USAA. com](mailto:hmg. pld. sfl@USAA. com) ### Phone(954)370-3129 Fax (954) 474-0689 Florida Bai-No. : 602248 -----"
}
]
|
[
{
"from": "system",
"value": "You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant. \n\nThe questions should follow the format and style of this example response to a car accident complaint:\n1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.\n2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.\n3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.\n4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.\n5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.\n\nBe specific, detailed and relevant to the complaint's allegations. Avoid generic requests for \"all documents\" or \"all evidence\". Each question should request specific items, time periods, or information directly related to the complaint's claims."
},
{
"from": "human",
"value": "IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA DJINNEE O. GUNNING, Case No: Judge: Plaintiff(s), vs. UNITED SERVICES AUTOMOBILE ASSOCIATION and SARAH B. SMITH Defendant(s). _____ ________ _______ _______ / **COMPLAINT** Plaintiff, DJINNEE O. GUNNING, by and through undersigned counsel, sues the Defendants, SARAH B. SMITH and UNITED SERVICES AUTOMOBILE ASSOCIATION, and alleges: **GENERAL** **ALLEGATIONS** This Is a claim for damages that exceeds fifteen thousand dollars ($15, 000. 00). Plaintiff, DJINNEE O. GUNNING, at all times relevant herein, is over the age of eighteen years, sui juris, and a resident of Palm Beach County, Florida. Defendant, SARAH B. SMITH, at all times relevant herein, is over the age of eighteen years, sui juris and a resident of Palm Beach County, Florida. Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, is a foreign corporation with offices located in Palm Beach County, Florida, where it maintains sales agents, adjusters, insurance policy writers and insures risks of loss that result to policy holders who entered into a policy of automobile insurance and who resided within Palm Beach County, Florida at the time the policies were issued. At all ----- times relevant and material herein, Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, issued and provided a policy of automobile insurance to Plaintiff, DJINNEE O. GUNNING, where such policy offered underinsured/uninsured motorist benefits. The cause of actions complained of herein occurred in Palm Beach County, Florida. **COUNT** **I** **NEGLIGENCE** The Plaintiff, DJINNEE O. GUNNING, reavers and realleges each and every allegation contained in paragraphs one (1) through three (3) and five (5) above as ## if fully set forth herein. On or about May 13, 2013, Defendant, SARAH B. SMITH, was operating a vehicle owned by her on Military Trail at or near its intersection with Burns Road, City ## of Palm Beach Gardens, Palm Beach County, Florida. At said time, Defendant, SARAH B. SMITH, carelessly and negligently operated and/or maintained said vehicle and collided into the vehicle Plaintiff, DJINNEE O. GUNNING, was operating. As a result of the negligence of Defendant, SARAH B. SMITH, the Plaintiff, DJINNEE O. GUNNING, suffered bodily injury that is permanent within a reasonable degree of medical probability, resulting pain and suffering, disability, disfigurement, mental anguish, lost wages, loss of capacity for the enjoyment of life, inconvenience, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money and aggravation of a preexisting condition. These losses are either permanent or continuing and the Plaintiff will suffer these losses ----- in the future. Plaintiffs vehicle was damaged and he/she lost the use of it during the period required for its repair or replacement WHEREFORE, Plaintiff, DJINNEE O. GUNNING, demands judgment against the Defendant, SARAH B. SMITH, for damages in excess of Fifteen Thousand Dollars ($15, 000. 00), plus costs incurred herein and any other relief this court deems fit and proper. **COUNT** **TWO** **CLAIM** **FOR** **UNDERINSURED/UNINSURED** **MOTORIST** **AS** **TO** **UNITED** **SERVICES** **AUTOMOBILE** **ASSOCIATION** Plaintiff re-alleges, re-adopts and incorporates paragraphs one (1) through five (5) above as if fully set forth herein. This is an action for underinsured/uninsured motorist benefits pursuant to Section 627. 727, Florida Statutes. At all times relevant and material herein, Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, maintained and provided a policy of automobile insurance containing an endorsement for underinsured/uninsured motorist benefits issued to the Plaintiff, DJINNEE O. GUNNING, Policy Number 00064 72 82U 7104 3 Notice of a claim arising out of and directly related to the motor vehicle crash of May 13, 2013 was presented to the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION. Plaintiff is not in possession of the contract/policy of insurance, but it is readily available to and in the possession of the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION. Pursuant to the provisions of the contract/policy of insurance, Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, is obligated to pay the Plaintiff, ----- DJINNEE O. GUNNING, for the damages recoverable to her as a direct and proximate result of the negligence of Defendant, SARAH B. SMITH. As a result, Plaintiff, DJINNEE O. GUNNING, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical, nursing, and professional health care treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing, and plaintiff will suffer the losses in the future. Plaintiff’s motor vehicle was damaged and she lost the use of it during the time required for its repair or replacement. WHEREFORE, Plaintiff, DJINNEE 0. GUNNING, demands judgment against Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, for damages in excess of Fifteen Thousand Dollars ($15, 000. 00), plus costs incurred herein and any other relief this court deems fit and proper. **DEMAND** **FOR** **TRIAL** **BY** **JURY** The Plaintiff, DJINNEE O. GUNNING, hereby demands a trial by jury of all issues so triable. LITTKY, SMITH, PHIPPS & CASAS, P. A. Suite 800, Citizens Building 105 South Narcissus Avenue West Palm Beach, Florida 33401 (561) 655-8444/ office / (561) 655-5028 fax (800) 519-1965 toll free Discovery e-m? II: [lspc. discovery@lspcinjury. com](mailto:lspc. discovery@lspcinjury. com) BY:_______ ALEJAN G. CASAS, Esq. Florida Bhrllo. : 0914398 -----"
},
{
"from": "gpt",
"value": "IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA DJINNEE O. GUNNING, Case No: Plaintiff(s), vs. UNITED SERVICES AUTOMOBILE ASSOCIATION and SARAH B, SMITH Defendant(s). ________________________/ **PLAINTIFF’S** **FIRST** **REQUEST** **TO** **PRODUCE** **TO** **DEFENDANT, ** **UNITED** **SERVICES** **AUTOMOBILE** **ASSOCIATION** Plaintiff, by and through undersigned counsel, and pursuant to Rule 1. 350, Florida Rules of Civil Procedure, request the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, to produce and permit the Plaintiff to inspect and/or copy the following documents and items hereinafter enumerated within forty-five (45) days from theof service, at the offices of undersigned counsel. Inspection will be made by visual observation, examination and/or copying. Copies of any and all communications, writings, recordings, memorandums, notes, depositions, written statements, transcripts, recorded statements (audio and/or video) and all other materials reflecting statements made by the Plaintiff relative to the subject incident. Copies of any and all communications, writings, recordings, memorandums, notes, depositions, written statements, transcripts, recorded statements (audio and/or video) and all other materials reflecting statements made by any Defendant relative to the subject incident. Copies of any and all communications, writings, recordings, memorandums, notes, depositions, written statements, transcripts, recorded statements (audio and/or video) and all other materials reflecting statements made by any witnesses relative to the subject incident. ----- Color copies of any and all photographs and/or video of the scene of the incident, the vehicles involved and the parties involved. Certified copy of any applicable liability insurance contracts and/or policies including any excess coverage and all declaration sheets relative thereto. Copies of any and all documents which evidence property damage to the defendant’s vehicle involved in the incident which is the subject matter of this lawsuit. Copies of any and all documents which evidence property damage to the vehicle operated by the Plaintiff involved in the incident which is the subject matter of this lawsuit. Copy of the complete claim file relative to the subject uninsured/underinsured motorists claim. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished with the complaint via service of process on the above named defendant. LITTKY, SMITH, PHIPPS & CASAS P. A. Suite 800, Citizens Building 105 South Narcissus Avenue West Palm Beach Florida 33401 (561) 655-8444 trffice / (561) 655-5028 fax (800) 519-1965 toll free Discovery E-Maill [lspc. discoverv@lspciniurv. com](mailto:lspc. discoverv@lspciniurv. com) BY:__________/ - Alejandro G/Qasas, Esq. Florida Bar ho. : 0914398 -----"
}
]
|
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