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Filing # 140506877 E-Filed 12/16/2021 12:16:13 PM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
JEFFREY and JULIA KADEL,
Plaintiffs, CASE NO.: 50-2020-CA-009102
v.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
/
CITIZENS PROPERTY INSURANCE CORPORATION’S
BOECHER REQUEST FOR PRODUCTION TO PLAINTIFFS
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“Citizens”), by and
through undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.350, hereby serves
this Boecher Request for Production to Plaintiffs, JEFFREY and JULIA KADEL and states:
INSTRUCTIONS
1. In producing documents requested herein, please produce documents in full,
without abridgement, abbreviation or expurgation of any part.
2. With respect to all documents requested, please segregate such documents in
accordance with the numbered and lettered paragraphs and subparagraphs herein.
3. If a document is called for under more than one request, it should be produced in
response to the first request and a notice appended to it stating the other request(s) to which it is
claimed that such document is responsive.
4. If copies or drafts exist of documents, the production of which has been requested
herein, please produce and submit for inspection and copying each and every copy and draft which
differs in any way from the original document or from any other copy or draft.
5. If a document is not produced on the basis of a claim or privilege or statutory
authority, please identify the type of document and reason for not producing same by stating with
respect to such document:
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/16/2021 12:16:13 PM ***(a) its author(s),
(b) addressee(s),
(c) date,
(d) type of document,
(e) subject matter,
() number of pages,
(g) number of attachments or appendices,
(i) all persons to whom shown or explained,
Gj) the present custodian, and
(k) __ the factual or legal basis for the claimed privilege or specific statutory authority
which provides the claimed basis for non-production.
6. If any document(s) requested herein have been destroyed, or otherwise disposed of,
please identify such document by: author(s), addressee(s), date, type of document, subject matter,
number of pages, number of attachments or appendices, indicated or blind copies, all person(s) to
whom distributed, shown or explained, date of destruction or other disposition, reason for
destruction or other disposition, person(s) authorizing destruction or other disposition, person(s)
destroying or otherwise disposing of document, and if not destroyed, the person(s) in possession
of the document otherwise disposed of.
7. In compiling documents requested herein, you are required by Florida Rules of
Civil Procedure to exercise due diligence in attempting to secure documents requested herein 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 right to secure the document or a copy
thereof from another person or public or private entity having actual possession thereof.
8. If any documents requested herein have been placed beyond Your control (a
document is deemed to be in Your control if you have the right to secure the document or a copy
thereof from another person or public or private entity having actual possession thereof), identify
the person(s) or entities with possession or custody, and why.
9. If any documents requested herein are no longer, in Your possession or custody,
state what disposition was made of it, by whom, and the date or dates or approximate date or
dates on which such disposition was made, and why.
DEFINITIONS
1. "Complaint" shall mean the Complaint filed in this case, Jeffrey and Julia Kadel v.
Citizens Property Insurance Corporation, Case No. 50-2020-CA-009102, or if any subsequent
amended complaints have been filed, "Complaint" shall refer to the last amended complaint filed
in this case.2. As used herein, “Claim” shall refer to the purported loss reported to Citizens which
was assigned claim number 3 3.
3. "Concern," "concerning," "evidencing," "regard," "regarding," "reflecting,"
"relates" or "relates to" shall mean relating to, referring to, connected with, commenting on,
responding to, containing, evidencing, showing, memorializing, describing, analyzing,
comprising, constituting, reflecting, discussing, supporting, contradicting, refuting, embodying,
identifying, pertaining, or in any way logically or factually connected with the matter discussed.
4. "Date" shall mean the exact day, month, and year, if ascertainable, or, if not, the
best approximation thereof (including relationship to other events) but only when, exact date
cannot be supplied. Any approximation should be identified as such.
5. "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, duplicate or copy, including, but not
limited to, accounts, advertisements, 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, marginal notes (appearing on any document), memoranda, minutes (e.g.,
board of directors, committee), models, motion pictures, notations, notebooks, notes, offers,
pamphlets, papers, photographs, physical objects, plans, printed matter, 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), transcripts, video tapes, vouchers, warranties, working papers,
worksheets; and all amendments, changes, drafts, modifications of any of 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.
6. When used in this interrogatory, 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 highlighting of any kind) of
writings of every kind and description whether inscribed by mechanical, facsimile, electronic,
magnetic, digital, or other means. Electronic data includes, but is not limited to output resulting
from the use of any software program, including word processing programs such as Microsoft
Word, WordPerfect, Notepad, Wordpad, PowerPoint, MS Excel, MS Access, Adobe Acrobat,
Outlook, spreadsheets, database files (including descriptive information regarding tables, fields
and values), charts, graphs and outlines, electronic mail, photographs, pictures, and any and all
miscellaneous files and/or file fragments, regardless of the media on which they reside and
regardless of 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, digital memory cards and
their equivalent, magnetic tapes of all types, on or in any other vehicle for digital data 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
original and/or copy.
7. "Identify" or "state the identity of":
(a) When used in reference to a natural person means to state:
qd) His/her full name;
(2) His/her present or last known business and residence address;
(3) _ His/her present or last known occupation and position;
(4) His/her present or last known employer or business
affiliation;
(5) His/her occupation or position at the time in question specified in
the particular Interrogatory.
(b) When used in references to a “document” means to state:
(1) A description of the type of document (e.g., letter, memorandum,
telegram, etc.);
(2) The identity of the person or persons who authored or prepared it;
(3) In the case of an agreement or contract, the identity of the parties
signatory;
(4) The identity of the addressee(s), if any, and the recipient(s) of the
original and a copy thereof;
(5) The title thereof, if any, and a description of the general nature of its
subject matter;
(©) The date of the document, or, if none, the approximate date;
(7) The manner of distribution or publication of the document, if any;
(8) The present location or custodian of the original and each copy
thereof;
(9) The identity of any persons who can identify it;
(10) Whether such documents contained, enclosed, were attached to or
accompanied by any other documents, and if so, state the identity
thereof;
(11) Ifa privilege is claimed, the specific basis therefore.
(c) In lieu of identifying a particular document when such identification is
requested, a copy of such document may, at Your option, be attached to the
response to these Interrogatories, provided that any specific information required
pursuant to the foregoing definition which is not fully set forth on the face of such
copy of a document must be separately provided in response to these
Interrogatories.
8. "Person" shall mean any natural person, firm, corporation, partnership, joint
venture or any other form of business entity.
9. “All” means “any and all;” “any” means “any and all;” “Including” means“including, but not limited to.”
10. As used herein, “Agent” shall include any person or company employed or
contracted by You to perform any job or task on Your behalf as it relates to this lawsuit, including, but
not limited to, public adjusters, attorneys, or contractors.
11. As used herein, “You,” “Your,” “Yourself” and “Plaintiffs” refer to Jeffrey and
Julia Kadel, the Plaintiffs in this case.
12. "The subject matter of this lawsuit," as used herein, shall refer to all facts and issues
as set forth in the pleadings, including the Complaint, and any responses thereto.
13. As used herein, “Defendant” or “Citizens” refers to Citizens Property Insurance
Corporation, the defendant in this case.
14. As used herein, “Property” means the Plaintiffs’ residence located at 1015 Anchor
PT, Delray Beach, Florida 33444, the property that is the subject matter of this lawsuit.
LITIGATION HOLD NOTICE AND DUTY TO PRESERVE SOCIAL MEDIA
INFORMATION AND OTHER ELECTRONICALLY STORED INFORMATION
Consider Yourself to hereby be on notice that You and Your attorney have a joint obligation
to immediately protect and preserve potentially relevant electronically stored information (“ESI”),
documents, and tangible things, which in any way relate to this litigation.
With respect to electronic information, ESI includes all information which is electronically,
magnetically, or optically stored 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 processing documents, 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 ordinarily maintained (i.e. such data should be preserved in
its native format). Your duty to preserve this evidence extends to current and former computers
and other media devices (including personal digital assistants; 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.
Data residing on social media platforms is subject to the same duty to preserve as other types
of ESI. Your duty to preserve is triggered when You reasonably foresee that evidence may be
relevant to issues in this litigation. All evidence in Your “possession, custody, or control” is
ae ce r
subject to the duty to preserve. Evidence generally is considered to be within a party’s “contro
when the party has the legal authority or practical ability to access it.Based on the above, You are additionally notified that adequate preservation of ESI requires
more than simply refraining from efforts to destroy or dispose of such evidence. You must also
take steps to prevent loss of ESI due to routine operations and must employ proper techniques and
protocols suitable to the protection of ESI. For example, Facebook offers the ability to “Download
Your Info.” With just one click of the 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 requesting a 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 of Your
obligation to preserve social media ESI and ESI generally. Although these self-help methods can
be an excellent start, they do not address all possible data. Therefore, it may be prudent to employ
the assistance of a third-party vendor in order to ensure complete preservation.
Regardless of the method employed, preservation of social media evidence and other ESI is
critically important and the consequences of failing to preserve can be significant. Both You and
Your counsel may be subject to sanctions for a failure to preserve relevant evidence, should a court
determine that You engaged in spoliation of such evidence. Even if You believe certain discovery
requests to which ESI would be responsive are objectionable, Your failure to preserve such ESI
prior to a court ruling on Your objections may subject You 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 spoliation of evidence. Having been
explicitly put on notice of the desirability of retaining such an expert, Your failure to do so in
conjunction with the loss or destruction of ESI will necessitate the conclusion that such loss or
destruction was Your intent.
REQUESTS FOR PRODUCTION
These Requests seek not just documents and tangible items within Plaintiffs’ immediate
possession, but also those that are within Plaintiffs’ custody, Plaintiffs’ control, or reasonably
available to Plaintiffs, such as documents and tangible items within the possession, custody,
or control of Plaintiffs agents or representatives, or that may be located and obtained
through a reasonable and diligent search of Plaintiffs records. If Plaintiffs do not produce
responsive documents pursuant to a claim of privilege, a privilege log must be provided
containing the information required by Florida Rule of Civil Procedure 1.280(b)(6).
1. Please provide all billing invoices submitted by each expert, or the company that employs
the expert, to Plaintiffs’ counsel’s law firm during that past three (3) years.
Response:
2. Please produce all evidence of payments from Plaintiffs’ counsel’s law firm to each
expert, or the company that employs the expert, including, but not limited to invoices,checks, receipts, bills, etc. for the past three (3) years.
Response:
. Please produce all deposition and trial transcripts of any expert retained by Plaintiffs in
this case, which are in Plaintiff's counsel’s possession.
Response:
. Please produce all evidence of payments from Plaintiffs’ counsel’s law firm to each expert,
or the company that employs the expert, including, but not limited to invoices, checks,
receipts, bills, etc., for the pending action.
Response:
. Please produce all of Plaintiffs’ counsel’s law firms 1099 forms concerning any of
Plaintiffs’ retained experts for the last three (3) years.
Response:
. Please produce any and all contractual agreements between the Plaintiffs’ counsel’s law
firm, and the expert(s) with respect to engagement or retention of the expert(s) by
Plaintiffs’ counsel or their clients for the past three (3)years.
Response:
. Please produce any and all expert reports produced to Plaintiffs’ Counsel’s law firm
from each expert disclosed in this case for the past three (3) years.
Response:
. For each expert disclosed in this case, please produce any and all correspondence between
Plaintiffs’ counsel’s law firm and the expert for all cases in the past three (3) years in which
the same expert was disclosed as an expert on behalf of Plaintiffs’ counsel’s law firm.
This request includes all correspondence between Plaintiffs’ counsel’s law firm and the
expert(s) regarding the claim that is the subject of the current litigation.
Response:
. Please produce any and all materials provided by Plaintiffs’ counsel’slaw firm to each of
the disclosed experts regarding the claim that is the subject of the current litigation.
Response:CERTIFICATE OF SERVICE
I certify that on the 16" day of December 2021, | electronically filed the foregoing with
the Florida Courts E-Filing Portal which will send notice of the electronic filing and the foregoing
to:
Jared McElwee, ESQ
Cohen Law Group
350 North Lake Destiny Road
Maitland, Florida 32751
jmcelwee@itsaboutjustice.com
GOEDE, ADAMCZYK, DEBOEST & CROSS, PLLC
/s/ Brianna L. Jones
Brianna L. Jones
Florida Bar Number 111563
Harris B. Katz
Florida Bar Number 2331
4800 N. Federal Highway, Suite 307D
Boca Raton, FL 33431
Telephone: (561) 368-9200
Facsimile: (561) 395-7050
BJones@Gadclaw.com; MLanger@gadclaw.com
Preview
Filing # 140506877 E-Filed 12/16/2021 12:16:13 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY and JULIA KADEL, Plaintiffs, CASE NO.: 50-2020-CA-009102 v. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / CITIZENS PROPERTY INSURANCE CORPORATION’S BOECHER REQUEST FOR PRODUCTION TO PLAINTIFFS Defendant, CITIZENS PROPERTY INSURANCE CORPORATION (“Citizens”), by and through undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.350, hereby serves this Boecher Request for Production to Plaintiffs, JEFFREY and JULIA KADEL and states: INSTRUCTIONS 1. In producing documents requested herein, please produce documents in full, without abridgement, abbreviation or expurgation of any part. 2. With respect to all documents requested, please segregate such documents in accordance with the numbered and lettered paragraphs and subparagraphs herein. 3. If a document is called for under more than one request, it should be produced in response to the first request and a notice appended to it stating the other request(s) to which it is claimed that such document is responsive. 4. If copies or drafts exist of documents, the production of which has been requested herein, please produce and submit for inspection and copying each and every copy and draft which differs in any way from the original document or from any other copy or draft. 5. If a document is not produced on the basis of a claim or privilege or statutory authority, please identify the type of document and reason for not producing same by stating with respect to such document: *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/16/2021 12:16:13 PM ***(a) its author(s), (b) addressee(s), (c) date, (d) type of document, (e) subject matter, () number of pages, (g) number of attachments or appendices, (i) all persons to whom shown or explained, Gj) the present custodian, and (k) __ the factual or legal basis for the claimed privilege or specific statutory authority which provides the claimed basis for non-production. 6. If any document(s) requested herein have been destroyed, or otherwise disposed of, please identify such document by: author(s), addressee(s), date, type of document, subject matter, number of pages, number of attachments or appendices, indicated or blind copies, all person(s) to whom distributed, shown or explained, date of destruction or other disposition, reason for destruction or other disposition, person(s) authorizing destruction or other disposition, person(s) destroying or otherwise disposing of document, and if not destroyed, the person(s) in possession of the document otherwise disposed of. 7. In compiling documents requested herein, you are required by Florida Rules of Civil Procedure to exercise due diligence in attempting to secure documents requested herein 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 right to secure the document or a copy thereof from another person or public or private entity having actual possession thereof. 8. If any documents requested herein have been placed beyond Your control (a document is deemed to be in Your control if you have the right to secure the document or a copy thereof from another person or public or private entity having actual possession thereof), identify the person(s) or entities with possession or custody, and why. 9. If any documents requested herein are no longer, in Your possession or custody, state what disposition was made of it, by whom, and the date or dates or approximate date or dates on which such disposition was made, and why. DEFINITIONS 1. "Complaint" shall mean the Complaint filed in this case, Jeffrey and Julia Kadel v. Citizens Property Insurance Corporation, Case No. 50-2020-CA-009102, or if any subsequent amended complaints have been filed, "Complaint" shall refer to the last amended complaint filed in this case.2. As used herein, “Claim” shall refer to the purported loss reported to Citizens which was assigned claim number 3 3. 3. "Concern," "concerning," "evidencing," "regard," "regarding," "reflecting," "relates" or "relates to" shall mean relating to, referring to, connected with, commenting on, responding to, containing, evidencing, showing, memorializing, describing, analyzing, comprising, constituting, reflecting, discussing, supporting, contradicting, refuting, embodying, identifying, pertaining, or in any way logically or factually connected with the matter discussed. 4. "Date" shall mean the exact day, month, and year, if ascertainable, or, if not, the best approximation thereof (including relationship to other events) but only when, exact date cannot be supplied. Any approximation should be identified as such. 5. "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, duplicate or copy, including, but not limited to, accounts, advertisements, 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, marginal notes (appearing on any document), memoranda, minutes (e.g., board of directors, committee), models, motion pictures, notations, notebooks, notes, offers, pamphlets, papers, photographs, physical objects, plans, printed matter, 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), transcripts, video tapes, vouchers, warranties, working papers, worksheets; and all amendments, changes, drafts, modifications of any of 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. 6. When used in this interrogatory, 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 highlighting of any kind) of writings of every kind and description whether inscribed by mechanical, facsimile, electronic, magnetic, digital, or other means. Electronic data includes, but is not limited to output resulting from the use of any software program, including word processing programs such as Microsoft Word, WordPerfect, Notepad, Wordpad, PowerPoint, MS Excel, MS Access, Adobe Acrobat, Outlook, spreadsheets, database files (including descriptive information regarding tables, fields and values), charts, graphs and outlines, electronic mail, photographs, pictures, and any and all miscellaneous files and/or file fragments, regardless of the media on which they reside and regardless of 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, digital memory cards and their equivalent, magnetic tapes of all types, on or in any other vehicle for digital data 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 original and/or copy. 7. "Identify" or "state the identity of": (a) When used in reference to a natural person means to state: qd) His/her full name; (2) His/her present or last known business and residence address; (3) _ His/her present or last known occupation and position; (4) His/her present or last known employer or business affiliation; (5) His/her occupation or position at the time in question specified in the particular Interrogatory. (b) When used in references to a “document” means to state: (1) A description of the type of document (e.g., letter, memorandum, telegram, etc.); (2) The identity of the person or persons who authored or prepared it; (3) In the case of an agreement or contract, the identity of the parties signatory; (4) The identity of the addressee(s), if any, and the recipient(s) of the original and a copy thereof; (5) The title thereof, if any, and a description of the general nature of its subject matter; (©) The date of the document, or, if none, the approximate date; (7) The manner of distribution or publication of the document, if any; (8) The present location or custodian of the original and each copy thereof; (9) The identity of any persons who can identify it; (10) Whether such documents contained, enclosed, were attached to or accompanied by any other documents, and if so, state the identity thereof; (11) Ifa privilege is claimed, the specific basis therefore. (c) In lieu of identifying a particular document when such identification is requested, a copy of such document may, at Your option, be attached to the response to these Interrogatories, provided that any specific information required pursuant to the foregoing definition which is not fully set forth on the face of such copy of a document must be separately provided in response to these Interrogatories. 8. "Person" shall mean any natural person, firm, corporation, partnership, joint venture or any other form of business entity. 9. “All” means “any and all;” “any” means “any and all;” “Including” means“including, but not limited to.” 10. As used herein, “Agent” shall include any person or company employed or contracted by You to perform any job or task on Your behalf as it relates to this lawsuit, including, but not limited to, public adjusters, attorneys, or contractors. 11. As used herein, “You,” “Your,” “Yourself” and “Plaintiffs” refer to Jeffrey and Julia Kadel, the Plaintiffs in this case. 12. "The subject matter of this lawsuit," as used herein, shall refer to all facts and issues as set forth in the pleadings, including the Complaint, and any responses thereto. 13. As used herein, “Defendant” or “Citizens” refers to Citizens Property Insurance Corporation, the defendant in this case. 14. As used herein, “Property” means the Plaintiffs’ residence located at 1015 Anchor PT, Delray Beach, Florida 33444, the property that is the subject matter of this lawsuit. LITIGATION HOLD NOTICE AND DUTY TO PRESERVE SOCIAL MEDIA INFORMATION AND OTHER ELECTRONICALLY STORED INFORMATION Consider Yourself to hereby be on notice that You and Your attorney have a joint obligation to immediately protect and preserve potentially relevant electronically stored information (“ESI”), documents, and tangible things, which in any way relate to this litigation. With respect to electronic information, ESI includes all information which is electronically, magnetically, or optically stored 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 processing documents, 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 ordinarily maintained (i.e. such data should be preserved in its native format). Your duty to preserve this evidence extends to current and former computers and other media devices (including personal digital assistants; 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. Data residing on social media platforms is subject to the same duty to preserve as other types of ESI. Your duty to preserve is triggered when You reasonably foresee that evidence may be relevant to issues in this litigation. All evidence in Your “possession, custody, or control” is ae ce r subject to the duty to preserve. Evidence generally is considered to be within a party’s “contro when the party has the legal authority or practical ability to access it.Based on the above, You are additionally notified that adequate preservation of ESI requires more than simply refraining from efforts to destroy or dispose of such evidence. You must also take steps to prevent loss of ESI due to routine operations and must employ proper techniques and protocols suitable to the protection of ESI. For example, Facebook offers the ability to “Download Your Info.” With just one click of the 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 requesting a 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 of Your obligation to preserve social media ESI and ESI generally. Although these self-help methods can be an excellent start, they do not address all possible data. Therefore, it may be prudent to employ the assistance of a third-party vendor in order to ensure complete preservation. Regardless of the method employed, preservation of social media evidence and other ESI is critically important and the consequences of failing to preserve can be significant. Both You and Your counsel may be subject to sanctions for a failure to preserve relevant evidence, should a court determine that You engaged in spoliation of such evidence. Even if You believe certain discovery requests to which ESI would be responsive are objectionable, Your failure to preserve such ESI prior to a court ruling on Your objections may subject You 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 spoliation of evidence. Having been explicitly put on notice of the desirability of retaining such an expert, Your failure to do so in conjunction with the loss or destruction of ESI will necessitate the conclusion that such loss or destruction was Your intent. REQUESTS FOR PRODUCTION These Requests seek not just documents and tangible items within Plaintiffs’ immediate possession, but also those that are within Plaintiffs’ custody, Plaintiffs’ control, or reasonably available to Plaintiffs, such as documents and tangible items within the possession, custody, or control of Plaintiffs agents or representatives, or that may be located and obtained through a reasonable and diligent search of Plaintiffs records. If Plaintiffs do not produce responsive documents pursuant to a claim of privilege, a privilege log must be provided containing the information required by Florida Rule of Civil Procedure 1.280(b)(6). 1. Please provide all billing invoices submitted by each expert, or the company that employs the expert, to Plaintiffs’ counsel’s law firm during that past three (3) years. Response: 2. Please produce all evidence of payments from Plaintiffs’ counsel’s law firm to each expert, or the company that employs the expert, including, but not limited to invoices,checks, receipts, bills, etc. for the past three (3) years. Response: . Please produce all deposition and trial transcripts of any expert retained by Plaintiffs in this case, which are in Plaintiff's counsel’s possession. Response: . Please produce all evidence of payments from Plaintiffs’ counsel’s law firm to each expert, or the company that employs the expert, including, but not limited to invoices, checks, receipts, bills, etc., for the pending action. Response: . Please produce all of Plaintiffs’ counsel’s law firms 1099 forms concerning any of Plaintiffs’ retained experts for the last three (3) years. Response: . Please produce any and all contractual agreements between the Plaintiffs’ counsel’s law firm, and the expert(s) with respect to engagement or retention of the expert(s) by Plaintiffs’ counsel or their clients for the past three (3)years. Response: . Please produce any and all expert reports produced to Plaintiffs’ Counsel’s law firm from each expert disclosed in this case for the past three (3) years. Response: . For each expert disclosed in this case, please produce any and all correspondence between Plaintiffs’ counsel’s law firm and the expert for all cases in the past three (3) years in which the same expert was disclosed as an expert on behalf of Plaintiffs’ counsel’s law firm. This request includes all correspondence between Plaintiffs’ counsel’s law firm and the expert(s) regarding the claim that is the subject of the current litigation. Response: . Please produce any and all materials provided by Plaintiffs’ counsel’slaw firm to each of the disclosed experts regarding the claim that is the subject of the current litigation. Response:CERTIFICATE OF SERVICE I certify that on the 16" day of December 2021, | electronically filed the foregoing with the Florida Courts E-Filing Portal which will send notice of the electronic filing and the foregoing to: Jared McElwee, ESQ Cohen Law Group 350 North Lake Destiny Road Maitland, Florida 32751 jmcelwee@itsaboutjustice.com GOEDE, ADAMCZYK, DEBOEST & CROSS, PLLC /s/ Brianna L. Jones Brianna L. Jones Florida Bar Number 111563 Harris B. Katz Florida Bar Number 2331 4800 N. Federal Highway, Suite 307D Boca Raton, FL 33431 Telephone: (561) 368-9200 Facsimile: (561) 395-7050 BJones@Gadclaw.com; MLanger@gadclaw.com