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Filing # 109772187 E-Filed 07/03/2020 12:59:13 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2020 CA 001106 AN
HON. MARGARET H. SCHREIBER
XIAO SHENG YUE,
Plaintiff,
vs.
CYNTHIA M FOERSTER AND
CHAPP, INC.,
Defendants.
/
PLAINTIFF'S RESPONSE TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION
COMES NOW the Plaintiff, XIAO SHENG YUE, by and through the undersigned
attorneys, and in response to the Defendants’, CYNTHIA M FOERSTER AND CHAPP, INC.,
First Request For Production served on or about May 12, 2020, and states as follows:
1. Copies of Federal Income Tax Returns, W-2 withholding tax statements, and any and all
other business records and/or income records, and any other evidence of income for the five
(5) years prior to the subject accident or occurrence.
RESPONSE: Objection, Plaintiff is not making a claim for lost wages.
2. Copies of Federal Income Tax Returns, W-2 withholding tax statements, and any and all
other business records and/or income records, and any other evidence of income from the
date of this request to the date of the accident.
RESPONSE: Objection, Plaintiff is not making a claim for lost wages.
3. Copies of all doctor, hospital, therapy, nursing and other medical bills or other expenses,
including costs of prescriptions, incurred because of the incident described in the Complaint.
RESPONSE: Attached.
4. Copies of all medical records, hospital records, chiropractic records, osteopathic records,
faith healer’s records, X-Ray reports, MRI Scan reports, CT-Scan reports, nurses notes,
physical therapy records, and any other non-privileged medical information in Plaintiffs
possession, including copies of any radiographic materials such as X-Ray films, CT Films,
MRI Films, etc., for treatment of Plaintiff for any injuries sustained because of the incident
described in the Complaint.
RESPONSE: Attached.
5. Copies of all medical records, hospital records, chiropractic records, osteopathic records,
faith healer’s records, X-Ray reports, MRI Scan reports, CT-Scan reports, nurses notes,
physical therapy records, and any other non-privileged medical information in Plaintiffs
possession, including copies of any radiographic materials such as X-Ray films, CT Films,
MRI Films, etc., for treatment of Plaintiff for any reason for the ten (10) years prior to the
incident described in the Complaint.
RESPONSE: Objection, overly broad, unduly burdensome and not limited in scope.
6. Copies of all medical records, hospital records, chiropractic records, osteopathic records,
faith healer’s records, X-Ray reports, MRI Scan reports, CT-Scan reports, nurses notes,
physical therapy records, and any other non-privileged medical information in Plaintiffs
possession, including copies of any radiographic materials such as X-Ray films, CT Films,
MRI Films, etc., for treatment of Plaintiff for any reason since the incident described in the
Complaint.
RESPONSE: Please see Response to Request for Production #4.
7. Copies of all bills, statements and receipts relating to any non-medical expenses claimed
as damages in this lawsuit which have not been produced in response to the preceding
paragraphs.
RESPONSE: Attached.
8. Copies of all medical reports, doctors’ reports, or reports rendered by experts applicable
to any and all issues in this cause, for which the Plaintiff intends to use the author of said
report as an expert witness at trial.
RESPONSE: Objection, experts are unknown at this time and will be disclosed and reports
produced in accordance with the pretrial order governing this case.
9. Copies of bills and/or estimates for the repair of Plaintiffs vehicle and any other
damages property. If the vehicle was not repairable, in addition, attach estimates of the value
of the vehicle on the date of the alleged incident and estimates and/or receipts concerning
salvage value.
RESPONSE: Attached.
10. All written and/or recorded statements of the Plaintiff, its employees or agents,
concerning the incident described in the Complaint.
RESPONSE: None.
11. All written and/or recorded statements of the Defendant, its employees or agents,
concerning the incident described in the Complaint.
RESPONSE: None.
12. All written and/or recorded statements of any witnesses concerning the incident
described in the Complaint.
RESPONSE: None.
13. Copies of photographs, videos, graphs, charts, and other documentary evidence of
Plaintiff depicting injuries to the Plaintiff sustained because of the incident described in the
Complaint.
RESPONSE: Attached.
14. Copies of photographs, videos, graphs, charts, and other documentary evidence of the
scene, parties, or vehicles, involved in or pertaining to the incident described in the
Complaint.
RESPONSE: Objection, documentary evidence has not yet been determined and will be
produced in accordance with the pretrial order governing this case.
15. A copy of all insurance policies providing benefits or coverage to the Plaintiff for any
claimed injury or damage because of the incident described in the Complaint.
RRESPONSE: Objection, Plaintiff is not in possession of any insurance policies. Without
waiving the objection, attached are copies of the declaration page and any insurance ID cards.
16. Copies of all written materials concerning any settlement by Plaintiff(s) with any other
person or entity that may have been liable for the damages claimed by the Plaintiff(s)
together with all “Mary Carter” or other similar agreements.
RESPONSE: None.
17. Copies of all other medical and/or disability insurance policies, which provide or may
provide medical or disability payments to Plaintiff(s) regarding damages alleged to have
been incurred as a result of the subject action, together with the relevant declaration or face
sheet reflecting available coverage and deductibles.
RESPONSE: Please see Response to Request for Production #15.
18. Copies of any applications for insurance, including health, disability, casualty,
automobile, hospital, business interruption or umbrella liability policies. Plaintiff may
comply by providing a listing of each and every insurance policy applied for, the name of
the agent who took the application if applicable, whether the policy was issued, the effective
dates of the policy and a listing of and claims submitted under the policies. This request is
limited to the five year period subsequent to the date of loss.
RESPONSE: Objection, overly broad, unduly burdensome and not limited in scope.
However, subject to and without waiving the objections, Plaintiff has applied for insurance
with United HealthCare and Allstate Insurance Company.
19. Copies of the labels on the medicine container for all medications, whether prescription
or not, which the Plaintiff is now taking on a regular basis.
RESPONSE: Objection; overly broad, unduly burdensome, vague, confusing and not limited
in time and scope.
20. Copies of the labels on the medicine container for all medications, whether prescription
or not, which Plaintiff took on a regular basis prior to the incident
RESPONSE: Objection; overly broad, unduly burdensome, vague, confusing and not limited
in time and scope.
21. Copies of reports from every pharmacy listing the prescription medications Plaintiff
has taken in the last seven (7) years.
RESPONSE: Objection, overly broad, unduly burdensome, vague and ambiguous.
22. Copies of all records and/or documentation for all prior tnjuries or accidents, whether
on the job or not.
RESPONSE: Objection, overly broad, unduly burdensome, ambiguous, vague and not
limited to time and scope.
23. Copies of all records and/or documentation for all subsequent injuries or accidents,
whether on the job or not.
RESPONSE: Objection, overly broad, unduly burdensome, ambiguous, vague and not
limited to time and scope.
24. A recent photograph ofthe Plaintiff depicting any injuries.
RESPONSE: Objection; ambiguous, vague and unintelligible.
25. Any and all x-rays, CT scans and MRI scans taken of Plaintiff because of the incident
described in the Complaint
RESPONSE: Please see Response to Request for Production #4.
26. Acopy any incident report filed by Plaintiff.
RESPONSE: Attached copy of the Police report.
27. Acopy of the Plaintiff's drivers license (front and back).
RESPONSE: Objection, overly broad, unduly burdensome, invasive of privacy issues; subject
to and without waiving the objections, Plaintiff will produce a copy of his driver’s license at
his deposition, when taken.
28. Acopy of Plaintiffs passport from front cover to rear cover, including all inside pages.
RESPONSE; Objection, overly broad, unduly burdensome, invasive of privacy issues and
completely unnecessary.
29. Copies of all documents for all litigation you are currently involved in, or were involved
in within the last ten (10) years
RESPONSE: Objection, overly broad, unduly burdensome, invasive of privacy issues; not
limited in scope and completely unnecessary.
30. Copies of all letters of protection provided by Plaintiff or his/her attorneys on his/her
behalf to any health care provider for medical care for any injuries because of the incident
described in the Complaint.
RESPONSE: Attached.
31. Copies of all documentation for all claimed items of special damages, including
receipts, cancelled checks, invoices, contracts, bills and statements.
RESPONSE: Please see Response to Request for Production #3.
32. Copies of all statements from providers of collateral source payments which assert a
right to subrogation or retmbursement pursuant to F.S. §768.76(7).
RESPONSE: Attached.
33. Copies of any of the following documents reflecting payments made to Plaintiff or on behalf of
Plaintiff as a result of the incident described in the Complaint:
(a) The United States Social Security Act, any federal, state, or local disability act,
any other public programs providing medical benefits or payments for medical
expenses, disability or other similar benefits;
(b) Any health, sickness or disability income insurance or other similar insurance
benefits;
(c) Any contract or agreement of any group, organization, partnership, or
corporation to provide, pay for, or reimburse costs of hospital, medical or other
health care services;
(d) Any contractual or other voluntary wage contribution plan, including those
provided by any employer, or any system intended to provide wages during any
period of alleged disability of the Plaintiff; and
(e) Any other collateral source whatsoever providing compensation for damages
claimed and/or incurred because of the incident described in the Complaint.
RESPONSE: Attached.
34. A copy of your cell phone bill showing all calls made on the date of the accident.
RESPONSE: Objection, Plaintiff was not in use of his cell phone at the time of the incident.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 3, 2020, I electronically filed the foregoing with the
Clerk of Court by using the Florida Courts e-Filing Portal which will send notification of
electronic filing to: Jorge Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison, 6300
University Parkway, Ste 101, Sarasota, FL 34240, via email at jsanteiro@fcci-group.com;
ssmithS@fcci-group.com; legalservice@fcci-group.com. Responsive documents are being sent
via USPS Priority Mail.
/s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: EDiaz@forthepeople.com
Attorneyfor Plaintiff
Preview
Filing # 109772187 E-Filed 07/03/2020 12:59:13 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2020 CA 001106 AN HON. MARGARET H. SCHREIBER XIAO SHENG YUE, Plaintiff, vs. CYNTHIA M FOERSTER AND CHAPP, INC., Defendants. / PLAINTIFF'S RESPONSE TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION COMES NOW the Plaintiff, XIAO SHENG YUE, by and through the undersigned attorneys, and in response to the Defendants’, CYNTHIA M FOERSTER AND CHAPP, INC., First Request For Production served on or about May 12, 2020, and states as follows: 1. Copies of Federal Income Tax Returns, W-2 withholding tax statements, and any and all other business records and/or income records, and any other evidence of income for the five (5) years prior to the subject accident or occurrence. RESPONSE: Objection, Plaintiff is not making a claim for lost wages. 2. Copies of Federal Income Tax Returns, W-2 withholding tax statements, and any and all other business records and/or income records, and any other evidence of income from the date of this request to the date of the accident. RESPONSE: Objection, Plaintiff is not making a claim for lost wages. 3. Copies of all doctor, hospital, therapy, nursing and other medical bills or other expenses, including costs of prescriptions, incurred because of the incident described in the Complaint. RESPONSE: Attached. 4. Copies of all medical records, hospital records, chiropractic records, osteopathic records, faith healer’s records, X-Ray reports, MRI Scan reports, CT-Scan reports, nurses notes, physical therapy records, and any other non-privileged medical information in Plaintiffs possession, including copies of any radiographic materials such as X-Ray films, CT Films, MRI Films, etc., for treatment of Plaintiff for any injuries sustained because of the incident described in the Complaint. RESPONSE: Attached. 5. Copies of all medical records, hospital records, chiropractic records, osteopathic records, faith healer’s records, X-Ray reports, MRI Scan reports, CT-Scan reports, nurses notes, physical therapy records, and any other non-privileged medical information in Plaintiffs possession, including copies of any radiographic materials such as X-Ray films, CT Films, MRI Films, etc., for treatment of Plaintiff for any reason for the ten (10) years prior to the incident described in the Complaint. RESPONSE: Objection, overly broad, unduly burdensome and not limited in scope. 6. Copies of all medical records, hospital records, chiropractic records, osteopathic records, faith healer’s records, X-Ray reports, MRI Scan reports, CT-Scan reports, nurses notes, physical therapy records, and any other non-privileged medical information in Plaintiffs possession, including copies of any radiographic materials such as X-Ray films, CT Films, MRI Films, etc., for treatment of Plaintiff for any reason since the incident described in the Complaint. RESPONSE: Please see Response to Request for Production #4. 7. Copies of all bills, statements and receipts relating to any non-medical expenses claimed as damages in this lawsuit which have not been produced in response to the preceding paragraphs. RESPONSE: Attached. 8. Copies of all medical reports, doctors’ reports, or reports rendered by experts applicable to any and all issues in this cause, for which the Plaintiff intends to use the author of said report as an expert witness at trial. RESPONSE: Objection, experts are unknown at this time and will be disclosed and reports produced in accordance with the pretrial order governing this case. 9. Copies of bills and/or estimates for the repair of Plaintiffs vehicle and any other damages property. If the vehicle was not repairable, in addition, attach estimates of the value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value. RESPONSE: Attached. 10. All written and/or recorded statements of the Plaintiff, its employees or agents, concerning the incident described in the Complaint. RESPONSE: None. 11. All written and/or recorded statements of the Defendant, its employees or agents, concerning the incident described in the Complaint. RESPONSE: None. 12. All written and/or recorded statements of any witnesses concerning the incident described in the Complaint. RESPONSE: None. 13. Copies of photographs, videos, graphs, charts, and other documentary evidence of Plaintiff depicting injuries to the Plaintiff sustained because of the incident described in the Complaint. RESPONSE: Attached. 14. Copies of photographs, videos, graphs, charts, and other documentary evidence of the scene, parties, or vehicles, involved in or pertaining to the incident described in the Complaint. RESPONSE: Objection, documentary evidence has not yet been determined and will be produced in accordance with the pretrial order governing this case. 15. A copy of all insurance policies providing benefits or coverage to the Plaintiff for any claimed injury or damage because of the incident described in the Complaint. RRESPONSE: Objection, Plaintiff is not in possession of any insurance policies. Without waiving the objection, attached are copies of the declaration page and any insurance ID cards. 16. Copies of all written materials concerning any settlement by Plaintiff(s) with any other person or entity that may have been liable for the damages claimed by the Plaintiff(s) together with all “Mary Carter” or other similar agreements. RESPONSE: None. 17. Copies of all other medical and/or disability insurance policies, which provide or may provide medical or disability payments to Plaintiff(s) regarding damages alleged to have been incurred as a result of the subject action, together with the relevant declaration or face sheet reflecting available coverage and deductibles. RESPONSE: Please see Response to Request for Production #15. 18. Copies of any applications for insurance, including health, disability, casualty, automobile, hospital, business interruption or umbrella liability policies. Plaintiff may comply by providing a listing of each and every insurance policy applied for, the name of the agent who took the application if applicable, whether the policy was issued, the effective dates of the policy and a listing of and claims submitted under the policies. This request is limited to the five year period subsequent to the date of loss. RESPONSE: Objection, overly broad, unduly burdensome and not limited in scope. However, subject to and without waiving the objections, Plaintiff has applied for insurance with United HealthCare and Allstate Insurance Company. 19. Copies of the labels on the medicine container for all medications, whether prescription or not, which the Plaintiff is now taking on a regular basis. RESPONSE: Objection; overly broad, unduly burdensome, vague, confusing and not limited in time and scope. 20. Copies of the labels on the medicine container for all medications, whether prescription or not, which Plaintiff took on a regular basis prior to the incident RESPONSE: Objection; overly broad, unduly burdensome, vague, confusing and not limited in time and scope. 21. Copies of reports from every pharmacy listing the prescription medications Plaintiff has taken in the last seven (7) years. RESPONSE: Objection, overly broad, unduly burdensome, vague and ambiguous. 22. Copies of all records and/or documentation for all prior tnjuries or accidents, whether on the job or not. RESPONSE: Objection, overly broad, unduly burdensome, ambiguous, vague and not limited to time and scope. 23. Copies of all records and/or documentation for all subsequent injuries or accidents, whether on the job or not. RESPONSE: Objection, overly broad, unduly burdensome, ambiguous, vague and not limited to time and scope. 24. A recent photograph ofthe Plaintiff depicting any injuries. RESPONSE: Objection; ambiguous, vague and unintelligible. 25. Any and all x-rays, CT scans and MRI scans taken of Plaintiff because of the incident described in the Complaint RESPONSE: Please see Response to Request for Production #4. 26. Acopy any incident report filed by Plaintiff. RESPONSE: Attached copy of the Police report. 27. Acopy of the Plaintiff's drivers license (front and back). RESPONSE: Objection, overly broad, unduly burdensome, invasive of privacy issues; subject to and without waiving the objections, Plaintiff will produce a copy of his driver’s license at his deposition, when taken. 28. Acopy of Plaintiffs passport from front cover to rear cover, including all inside pages. RESPONSE; Objection, overly broad, unduly burdensome, invasive of privacy issues and completely unnecessary. 29. Copies of all documents for all litigation you are currently involved in, or were involved in within the last ten (10) years RESPONSE: Objection, overly broad, unduly burdensome, invasive of privacy issues; not limited in scope and completely unnecessary. 30. Copies of all letters of protection provided by Plaintiff or his/her attorneys on his/her behalf to any health care provider for medical care for any injuries because of the incident described in the Complaint. RESPONSE: Attached. 31. Copies of all documentation for all claimed items of special damages, including receipts, cancelled checks, invoices, contracts, bills and statements. RESPONSE: Please see Response to Request for Production #3. 32. Copies of all statements from providers of collateral source payments which assert a right to subrogation or retmbursement pursuant to F.S. §768.76(7). RESPONSE: Attached. 33. Copies of any of the following documents reflecting payments made to Plaintiff or on behalf of Plaintiff as a result of the incident described in the Complaint: (a) The United States Social Security Act, any federal, state, or local disability act, any other public programs providing medical benefits or payments for medical expenses, disability or other similar benefits; (b) Any health, sickness or disability income insurance or other similar insurance benefits; (c) Any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse costs of hospital, medical or other health care services; (d) Any contractual or other voluntary wage contribution plan, including those provided by any employer, or any system intended to provide wages during any period of alleged disability of the Plaintiff; and (e) Any other collateral source whatsoever providing compensation for damages claimed and/or incurred because of the incident described in the Complaint. RESPONSE: Attached. 34. A copy of your cell phone bill showing all calls made on the date of the accident. RESPONSE: Objection, Plaintiff was not in use of his cell phone at the time of the incident. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 3, 2020, I electronically filed the foregoing with the Clerk of Court by using the Florida Courts e-Filing Portal which will send notification of electronic filing to: Jorge Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison, 6300 University Parkway, Ste 101, Sarasota, FL 34240, via email at jsanteiro@fcci-group.com; ssmithS@fcci-group.com; legalservice@fcci-group.com. Responsive documents are being sent via USPS Priority Mail. /s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: EDiaz@forthepeople.com Attorneyfor Plaintiff