Michael Jimenez, et al Plaintiff vs. CITIZENS PROPERTY INSURANCE CORPORATION Defendant, CACE24003908, 04-25-2024_Request for Production (Fla. 17th Cir. Ct. Apr. 25, 2024) (2024)

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`Jimenez v. Citizens
`Case No.: CACE-24-003908
`Page 2 of 9
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`If a document is not produced on the basis of a claim of privilegeor statutory authority,
`pleaseidentifythe type of document and reason for not producing same by statingwith
`respect to such document.
`its author(s),
`a)
`b)
`addressee(s),
`date,
`CI
`type of document,
`d)
`subject matter,
`e)
`number of pages,
`number of attachments or appendices,
`all persons to whom shown or explained,
`the present custodian,and
`the factual or legalbasis for the claimed privilegeor specificstatutory authority
`which providesthe claimed basis for non-production.
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`g)
`h)
`i)
`j,
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`If any document(s) requestedherein have been destroyed,or otherwise disposed of,please
`identifysuch document by: author(s),addressee(s),date,type of document, subjectmatter,
`number of pages, number of attachments or appendices,indicated or blind copies,all
`person(s)to whom distributed,shown or explained,date ofdestruction or other disposition,
`reason for destruction or other disposition,person(s)authorizingdestruction or other
`disposition,person(s)destroyingor otherwise disposingof document, and if not destroyed,
`the person(s)in possessionof the document otherwise disposed of.
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`In compiling documents requestedherein, You are requiredby Florida Rules of Civil
`Procedure to exercise due diligencein attemptingto secure documents requestedherein
`that are not only in Your custody and possession,but also documents that are within Your
`control. A document is deemed to be in Your "control" if You have the rightto secure the
`document or a copy thereof from another person or publicor privateentityhaving actual
`possessionthereof.
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`If any documents requestedherein have been placedbeyond Your control (a document is
`deemed to be in Your controlifYou have the rightto secure the document or a copy thereof
`from another person or public or privateentityhaving actual possessionthereof),identify
`the person(s)or entities with possessionor custody,and why.
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`If any documents requestedherein are no longerin Your possessionor custody,state what
`dispositionwas made of it,by whom, and the date or dates or approximate date or dates on
`which such dispositionwas made, and why.
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`LITIGATION HOLD NOTICE AND DUTY TO PRESERVE SOCIAL MEDIA
`INFORMATION AND OTHER ELECTRONICALLY STORED INFORMATION
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`

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`Jimenez v. Citizens
`Case No.: CACE-24-003908
`Page 3 of 9
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`Consider Yourself to hereby be on notice that You and Your attorney have a joint
`obligation to immediately protect and preserve potentiallyrelevant electronicallystored
`information ("ESI"),documents, and tangiblethings,which in any way relate to this litigation.
`With respect to electronic information, ESI includes all information which is electronically,
`magnetically,or opticallystored on a computer, voice mail, cellphone,and/or on any portable
`storage such as CD, DVD, thumb drive,etc. It would include (by way of example, and not as an
`exclusive list)emails,as well as word processingdocuments, spreadsheets,online access data (e.g.
`Temporary Internet Files,History,Cookies), back-up, and archival files. All ESI should be
`maintained in the forms in which it is ordinarilymaintained (i.e.such data should be preservedin
`its native format).Your duty to preserve this evidence extends to current and former computers
`and other media devices (includingpersonaldigitalassistants;voice-messaging systems; online
`repositories;portable devices and media, such as zip drives,thumb drives,and CDs or floppy
`disks;and cell phones).If information exists in both electronic and paper forms, both forms must
`be preserved.
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`Data residingon social media platformsis subjectto the same duty to preserve as other
`types of ESI. Your duty to preserve is triggeredwhen You reasonably foresee that evidence may
`be relevant to issues in this litigation.All evidence in Your "possession,custody, or control" is
`subject to the duty to preserve. Evidence generallyis considered to be within a party's"control"
`when the party has the legalauthorityor practicalabilityto access it.
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`Based on the above, You are additionallynotified that adequate preservationof ESI
`requiresmore than simply refrainingfrom efforts to destroyor disposeof such evidence. You must
`also take steps to prevent loss of ESI due to routine operationsand must employ proper techniques
`and protocolssuitable to the protectionof ESI. For example, Facebook offers the abilityto
`"Download Your Info." With justone click ofthe mouse, You can download a zip file containing
`timeline information, posts, messages, and photos.Twitter users can download all Tweets posted
`to an account by requestinga copy of the user's Twitter "archive." The foregoing are but two
`examples of steps You must take in order to preserve ESI, and by no means constitute the full
`extent ofYour obligationto preserve social media ESI and ESI generally.Although these self-help
`methods can be an excellent start, they do not address all possibledata. Therefore, it may be
`prudentto employ the assistance of a third-partyvendor in order to ensure complete preservation.
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`Regardless of the method employed, preservationof social media evidence and other ESI
`is criticallyimportantand the consequences of failingto preserve can be significant.Both You and
`Your counsel may be subjectto sanctions for a failure to preserve relevant evidence,should a court
`determine that You engaged in spoliationof such evidence. Even ifYou believe certain discovery
`requests to which ESI would be responsiveare objectionable,Your failure to preserve such ESI
`prior to a court ruling on Your objectionsmay subjectYou and Your counsel to sanctions.
`Therefore, You would be well advised to take measures to preserve all ESI pending the resolution
`of this litigation,and we urge You to engage the services of an expert in electronic evidence and
`computer forensics to ensure that there is no spoliationof evidence. Having been explicitlyput on
`notice of the desirabilityof retainingsuch an expert, Your failure to do so in conjunctionwith the
`loss or destruction of ESI will necessitate the conclusion that such loss or destruction was Your
`intent.
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`

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`Jimenez v. Citizens
`Case No.: CACE-24-003908
`Page 4 of 9
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`DEFINITIONS
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`"Document(s)" or "written communication(s)" is used in the broad and liberal sense and
`means written, typed, printed,recorded or graphic matter, however produced or
`reproduced,of any kind and description,and whether an original,master, duplicateor copy,
`including,but not limited to, accounts, advertisem*nts, agreements, appointment books,
`bank checks, bills,books, books of account, bulletins,cablegrams, cancelled checks,
`cashier's checks, catalogs,charts, check stubs, communications, computer printouts,
`contracts, corporate records, correspondence,desk calendars, diaries,diary entries,
`drawings, e-mail, graphic records, guarantees, inter-office communications, intra-office
`communications, invoices, ledger books, letters,logs,mailgrams, magazines, manuals,
`marginalnotes (appearingon any document),memoranda, minutes (e.g.,board of directors,
`committee), models, motion pictures,notations,notebooks, notes, offers,pamphlets,
`papers, photographs,physicalobjects,plans,printedmatter, projections,prospectuses,
`publications,receipts,reports, returns, sketches, sound recordings(including,by way of
`example, any type of personal or telephone conversation, meeting or conference)
`specifications,statements, statistics,studies,summaries, surveys, tape recordings,tapes,
`telegrams,tele-faxes,teletypes,transcriptions(including,by way of example, any type of
`personal or telephone conversation, meeting or conference),transcr*ts, video tapes,
`vouchers, warranties,working papers, worksheets; and all amendments, changes, drafts,
`modifications of any o f the foregoing,of which You have knowledge or which are now or
`were formerly in Your actual or constructive possession,custody or control. The responses
`concerning documents requested shall include information regarding whether such
`document is an original,a duplicate,or a copy thereof.
`
`When used in this request, the term "electronic data" means computerized files and any
`non-identical copies (whether non-identical because of notes made on copies or attached
`comments, annotations,marks, transmission notations,or highlightingof any kind) of
`writings of every kind and descriptionwhether inscribed by mechanical, facsimile,
`electronic,magnetic,digital,or other means. Electronic data includes,but is not limited to
`output resultingfrom the use of any software program, includingword processing
`programs such as Microsoft Word, WordPerfect, Notepad, Wordpad, PowerPoint, MS
`Excel, MS Access, Adobe Acrobat, Outlook, spreadsheets,database files (including
`descriptiveinformation regardingtables,fields and values),charts,graphs and outlines,
`electronic mail, photographs,pictures,and any and all miscellaneous files and/or file
`fragments,regardlessof the media on which they reside and regardlessof whether said
`electronic data consists in an active file,deleted file or file fragment. Electronic data
`includes any and all items stored on computer memories, hard-disks, floppy disks,CD-
`ROMs, DVDs, removable media such as Zip disks,thumb drives,digitalmemory cards
`and their equivalent,magnetic tapes of all types, on or in any other vehicle for digitaldata
`storage and/or transmittal. The term electronic data also includes the file,folder tabs and/or
`containers and labels appended to, or associated with, any physical storage device
`associated with each originaland/or copy.
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`

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`Jimenez v. Citizens
`Case No.: CACE-24-003908
`Page 5 of 9
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`When used in this request, the term "computer" shall include, but is not limited to,
`microch*s, personal computers, laptop computers, portable computers, notebook
`computers, palmtop computers (alsoknown as personal digitalassistants or PDA's),
`minicomputers,mainframe computers, and all other electronic storage devices that store
`electronic data.
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`"Concern,
`concerning," "evidencing," "regard," "regarding, reflecting, 'relates,"
`"relatingto," or "relates to" shall mean relatingto, referringto, connected with,
`commenting on, responding to, containing,evidencing, memorializing, describing,
`analyzing, comprising, constituting,reflecting,discussing,showing, supporting,
`contradicting,refuting,embodying, identifying,pertaining,or in any way logicallyor
`factuallyconnected with the matter discussed.
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`If an individual,"You" and "Your" shall refer to and include Your agents, attorneys,
`experts, investigators,representativesand all others,whether past or present, who have
`obtained information for or on behalf of You.
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`If a corporation,"You" and "Your" shall refer to and include any ofYour tenants, affiliates
`and subsidiaries,agents, associates,attorneys, directors,employees, experts, independent
`contractors, representatives,servants, and all others,whether past or present, who have
`obtained information for or on behalf of the corporation.
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`The words "and" and "or" shall be construed conjunctivelyand disjunctivelyas necessary
`to make the request inclusive rather than exclusive.
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`"Identify,"or "state the identityof'':
`When used in reference to a natural person means to pleasestate:
`(a)
`His/her full name;
`Present or last known business and residence address;
`His/her present or last known occupationand position;
`His/her present or last known employer or business affiliation;
`His/her occupation or positionat the time in questionspecifiedin the
`particularrequest.
`When used in reference to a "document" means to please state:
`A descriptionofthe type of document (e.g.,letter,memorandum, telegram,
`etc.);
`The identityof the person or persons who authored or preparedit;
`In the case of an agreement or contract, the identityof the parties'signatory;
`The identityof the addressee(s),if any, and the recipient(s)of the original
`and a copy thereof;
`The title thereof,if any, and a descriptionofthe generalnature of its subject
`matter;
`The date of the document, or, if none, the approximate date of its
`preparation;
`The manner o f distribution and publication,if any;
`The present location or custodian ofthe originaland each copy thereof;
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`(b)
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`Jimenez v. Citizens
`Case No.: CACE-24-003908
`Page 6 of 9
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`(c)
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`The identityof any persons who can identifyit;
`Whether such documents contained, enclosed, were attached to or
`accompanied by any other documents, and if so, state the identitythereof;
`If a privilegeis claimed, the specificbasis for the privilege.
`In lieu of identifyinga particulardocument when such identification is requested,
`a copy of such document may, at Your option,be attached to the response to these
`requests; provided that any specificinformation requiredpursuant to the foregoing
`definition which is not fullyset forth on the face of such copy of a document must
`be separatelyprovided in response to these requests.
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`"Person" shall mean any natural person, firm,corporation,partnership,jointventure or any
`other form of business entity.
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`"All" means "
`not limited to.
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`any and all;""any" means "any and all;""Including"means "includingbut
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`..
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`Masculine pronouns shall not connote any particulargender but shall be taken to mean
`masculine, feminine or neuter gender, as the case may be.
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`"Date" shall mean the exact day, month, and year, if ascertainable,or, if not, the best
`approximationthereof (includingrelationshipto other events)but only when, exact date
`cannot be supplied.Any approximationshould be identified as such.
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`As used herein,"agent" shall include any person or company employed, designated,and/or
`contracted by Michael Jimenez and Robin Jimenez to perform anyjob or task on Plaintiffs'
`behalf as it relates to this lawsuit,the Loss, and/or the Claim, including,but not limited to,
`publicadjusters,loss consultants,attorneys, employees, and/or contractors.
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`"Complaint" shall mean the Complaint filed in this case, Michael Jimenez and Robin
`Jimenez v. Citizens Property Insurance Corporation,Case No. CACE-24-003908, or if any
`subsequent amended complaints have been filed,"Complaint" shall refer to the last
`amended complaintfiled in this case.
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`"Plaintiffs","You", "Your" shall mean Michael Jimenez and Robin Jimenez, the Plaintiffs
`in this case, and, where applicable,any tenant or agent actingon Plaintiffs' behalf.
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`"The subjectmatter ofthis lawsuit,"as used herein,shall refer to all facts and issues as set
`forth in the pleadings,includingthe Complaint, and any responses thereto.
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`"Loss" shall refer to the property loss alleged in the Complaint to have occurred on or
`about April 12,2023.
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`"Claim" shall refer to the insurance claim filed with regard to the Loss that was assigned
`claim number 001-00-417774.
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`

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`Jimenez v. Citizens
`Case No.: CACE-24-003908
`Page 7 of 9
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`As used herein, "Defendant" or "Citizens" refers to Citizens Property Insurance
`Corporation,the defendant in this case.
`As used herein, "Property"means the residence located at 810 NW 10ith
`Beach, FL 33004 where Plaintiffs allegethe Loss occurred.
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`Avenue, Dania
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`REQUESTS FOR PRODUCTION
`
`These Requests seek not justdocuments and tangibleitems within Plaintiffs' immediate
`possession,but also those that are within Plaintiffs' custody,Plaintiffs' control,or reasonably
`available to Plaintiffs,such as documents and tangibleitems within the possession,custody,or
`control of Plaintiffs' agents or representatives,or that may be located and obtained through a
`reasonable and diligentsearch of Plaintiffs' records. If Plaintiffs do not produce responsive
`documents pursuant to a claim of privilege,a privilegelog must be provided containingthe
`information requiredby Florida Rule of Civil Procedure 1.280(b)(6).Unless entirelyunavailable,
`these Requests seek productionof electronicallycreated documents, photographs,and videos in
`native format, i.e.,the format in which the record was created, or in which the originating
`applicationstores records electronically,without any alteration. Production may be made via
`email, a secure link to a cloud storage site,or a peripheralstorage device (e.g.,a CD, DVD, or
`USB flash drive).Any peripheralstorage device will be returned ifreusable,and upon request, we
`will provide Plaintiffs with a substantiallysimilar per*heral storage device.
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`1.
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`7.
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`All written communications (includinge-mails and text messages) between Plaintiffs,or
`Plaintiffs' agents, and Citizens with regardto the Loss and/or Claim.
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`All documents which memorialize any communications, written or oral,between Plaintiffs,
`or Plaintiffs' agents, and Citizens with regardto the Loss and/or Claim.
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`All written communications (includinge-mails and text messages) between Plaintiffs and
`Plaintiffs' agents that relate to the Loss and/or Claim, excluding any communications
`between Plaintiffs and Plaintiffs' attorney(s).
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`All written communications (includinge-mails and text messages) between Plaintiffs,or
`Plaintiffs' agents, and third partieswith regard to the Loss and/or Claim, includingbut not
`limited to any vendors who provided services with regardto the Loss and/or Claim.
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`All invoices, receipts,contracts, statements, bills, canceled checks, and/or other
`documentation which relate and/or pertainto the damage which Plaintiffs allegesoccurred
`at the Property as a result of the Loss.
`All documentation memorializing verbal remarks of witnesses with knowledge of
`Plaintiffs' allegationsin the Complaint and/or damage to the Property, includingbut not
`limited to any publicadjusteror loss consultant.
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`All claim forms, proofso f loss,and/or other documentation prepared for and/or submitted
`to Citizens and/or its agents regardingthe Loss and/or the Claim priorto the filingof this
`litigation.
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`

`

`Jimenez v. Citizens
`Case No.: CACE-24-003908
`Page 8 of 9
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`All documents, including,but not limited to, invoices and receipts,relatingto the
`mitigationof damage to the Property followingthe Loss.
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`All documents, including,but not limited to, invoices and receipts,relatingto any repairs
`to the Property followingthe Loss.
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`All documents, including,but not limited to photographs,which depict or otherwise
`evidence the presence of water at the Property in relation to the Loss.
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`All pictures,videos, or depictionsin any other media showing repairsand/or improvements
`made to the Property followingthe Loss.
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`All pictures,videos,or depictionsin any other media showing repairsand/or improvements
`made to the Propertyfrom April 1,2017 throughthe date of Loss.
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`Copies of all documents relatingto any roofrepairsdone at the Property from April 1,2017
`to the present date.
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`Copies o f all documents relatingto any roo f replacementsdone at the Property from April
`1,2017 to the present date.
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`All documents relatingto or reflectingcriticisms of Citizens' actions with regard to the
`Loss and/or subjectmatter of this lawsuit.
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`All documents identified in Plaintiffs' responses to Citizens' Interrogatoriesserved
`contemporaneously with this First Request for Production.
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`All purchase documents, warranties,invoices,contracts, assignmentsofbenefits,receipts,
`inspectionreports, estimates,and appraisalscreated by contractors, companies, and/or
`persons who have performed repairs,inspections,estimates,appraisals,or proposalsfor
`any repairsto the Propertyfrom April 1,2017 to the present.
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`All documents relatingto any claim made against anyone other than Citizens for the
`damage resultingfrom the Loss and/or claimed by Plaintiffs in this lawsuit.
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`All documents including,but not limited to, contracts, invoices,estimates,and/or reports,
`from any vendors hired by Plaintiffs or Plaintiffs' agents for any purpose related to the
`Loss and/or Claim.
`All documents reflectingan assignment of benefits relatingto damage Plaintiffs allege
`resulted from the Loss.
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`All documents including,but not limited to, proofs of loss, public adjusterreports,
`inspectionreports, invoices for repairs,estimates for repairs,photographs,and proof of
`payment by the insurance company pertainingto any other insurance claim made on the
`Property from April 12,2023 to the present date,other than the subjectLoss.
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`

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`Jimenez v. Citizens
`Case No.: CACE-24-003908
`Page 9 of 9
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`All applications,insurance policies,files,records, letters,notes, and/or other written
`communications which pertainto the Loss.
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`Any and all electronicallystored information/content/data that depictsthe Property after
`the Loss occurred, includingpicturesand video saved in cloud storage or on social media,
`in native format, i.e.,the format in which the document or record was created,or in which
`the originatingapplicationstores records,including,but not limited to, drafts of documents
`which were subsequentlymodified.
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`Any and all electronicallystored information/content/data that depictsthe Propertyin the
`two years priorto the Loss, includingpicturesand video saved in cloud storage or on social
`media, in native format,i.e.,the format in which the document or record was created,or in
`which the originatingapplicationstores records,including,but not limited to, drafts of
`documents which were subsequentlymodified.
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`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that the foregoing document has been furnished to Rachel E.
`Bolshin, Esq., Property LitigationGroup, PLLC, 2750 SW 145th Avenue, Suite 509, Miramar, FL
`33027 (rbolshin@plglawyersfl.com)on April 25,2024 via the Florida Electronic FilingPortal.
`
`s/ Joshua I. Meyer, Esq.
`Joshua I. Meyer, Esq.
`Florida Bar No.: 28144
`Attorney for Defendant
`VERNIS & BOWLING OF BROWARD, P.A.
`5821 Hollywood Boulevard., First Floor
`Hollywood, FL 33021
`Tel: (954) 927-5330; Fax: (954) 927-5320
`Email: jmeyer@florida-law.com
`
`