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Filing # 137539139 E-Filed 10/29/2021 11:52:45 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2020-CA-1106-AN
XIAO SHENG YUE,
Plaintiff,
vs.
CYNTHIA M. FOERSTER and CHAPP,
INC.,
Defendants.
—aeesa(i(i‘iésOOC
PLAINTIFF’S NOTICE OF TAKING VIDEOTAPE DEPOSITION DUCES TECUM*
PLEASE TAKE NOTICE that Plaintiff, XIAO SHENG YUE, by and through his
undersigned attorneys will take the following Deposition pursuant to Florida Rule of Civil
Procedure 1.310(b)(6):
DATE/TIME: | DEPONENT: LOCATION:
CORPORATE REPRESENTATIVE of | Appear via ZOOM, Instruction to
Cynthia Payne | CHAPP,INC.: regarding the policies and | be provided.
11/29/21 procedures related to the subject crash Court Reporter & Videographer:
@10:00 Am investigation/reporting related to this U.S. Legal Support, Inc.
matter, as well as the factual bases of the
affirmative defenses including, the
pleadings of Defendant, as well as to all the
items and areas identified in the schedule
to said deposition, and when Defendant
knew that litigation was likely as a result of
this incident.
*Please advise, no less than seventy-two (72) hours prior to the above scheduled deposition,
if an interpreter is required.
upon oral examination before U.S. Legal Support, Inc., Court Reporters, or a Notary Public in
and for the State of Florida at Large, or some other officer duly authorized by law to take
depositions and videotaped by U.S. Legal Support, Inc. for the purpose of discovery, or for use at
trial, or for such other purpose as is permitted under the applicable and governing Florida Rules
of Civil Procedure.
MATTERS OF EXAMINATION
1. Knowledge regarding the crash and date of crash; including time of crash, person(s) in the
vehicles at time of crash.
2. Knowledge regarding qualifications of the driver and its passengers, and knowledge
regarding the vehicle. All policies and procedures of the Defendant regarding safe driving
practices of its drivers, or any employees authorized to drive vehicles.
3. Defendant’s safety philosophy.
4. The hiring, training and supervision and driving history of Defendant, Cynthia Foerster.
5. The Defendant’s position and opinion as to how the crash occurred, and what, when and
how the driver communicated to you as to why or how the crash happened.
6. Identification of all individuals by whom you were contacted regarding the crash or who
spoke with anyone who was at the scene on the date of the crash.
7. Any information for the documents requested below.
*DUCES TECUM
Said Deponent shall produce the following:
8. All statements made by any occupants of the vehicles involved in the subject incident.
9. All statements made by any witnesses to the subject accident.
10. _—All statements made by the Plaintiff pertaining to or concerning the subject matter.
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11. — Any and all color photographs of the vehicles involved in the subject accident.
12. — Any and all color photographs of the Plaintiff depicting injuries received in the subject
accident.
13. Any and all color photographs of the subject accident scene.
14. Documents relating to or discussing repairs or maintenance to Defendants’ vehicle that were
done for the six (6) months period of time preceding and including the date of the accident
and for the six (6) month period of time following the date of the accident.
15. The repair bill and estimates for the repairs to any of the vehicles involved in the accident
for damages incurred in the accident.
16. — Any and all policies of liability insurance in effect on the date of the subject accident,
providing coverage to the defendant herein.
17. Appraisals of all property damage sustained by Defendants’ vehicle in the subject accident.
18. Appraisals of the property damage sustained by Plaintiff's vehicle in the subject accident.
19. A copy of any and all surveillance films, photos, or depictions taken of the Plaintiff as a
result of the subject accident, to include all billing, invoices, reports, journals, logs, notes,
and/or documentation of any kind relative to the subject accident.
20. Acopy of any and all insurance agreements, insurance policies or agreements of any kind or
nature under which any person or company carrying on an insurance business may be liable
to satisfy part or all of a judgment which may be entered in this action or to indemnify or
reimburse any payments made to satisfy any such judgment or settlement, including but not
limited to a certified copy of the declarations sheet as to each such policy.
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21. Copies of any and all computer generated documents in the possession of the Defendants or
any agent, servant and/or employee of the Defendants, which pertains or relate, in any
manner or fashion, to and any past claims history of the Plaintiff in this lawsuit.
22. Copies of any and all checks issued by the Defendants or any agent, servant and/or
employee of the Defendants to any other person, firm or company making a claim arising
out of the same accident or incident which is the basis of this lawsuit.
23. All payout records for the insurer of the Defendants for benefits paid to or on behalf of
Plaintiff under the personal injury protection and medical payment coverage of the policy.
24. Accopy of the driver’s license of the driver involved in the subject accident that existed on
the date of the accident as well as the current driver’s license.
25. Copies of any and all cellular telephone bills, statements, records, etc. for the Defendant(‘s)
and/or their driver and/or any passenger(s) name(s) and/or the account holder on the date of
the subject collision set forth in the subject Complaint.
26. A true and exact copy of the Defendant driver’s, Cynthia Foerster’s personnel and/or DOT
files to include only all job applications / resumes / references / background checks
/investigations/ training documentation / and disciplinary information. This request
specifically excludes all personal identifying and protected health information or pay/salary
documentation; to include home address(es), phone number(s), date of birth and social
security number.
27. Copies of any and all cellular telephone bills, statements, records, etc., for all other cellular
telephones being used and/or hand held for any reason by the Defendant driver and/or his
passenger(s) on the date of the subject collision described in Plaintiff's Complaint.
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28. Color copy(ies) of any dash camera video or traffic light video footage for the date and/or
time of the subject crash.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 29, 2021, I electronically filed the foregoing with
the Clerk of the Courts by using the Florida Courts eFiling Portal which will forward a copy to:
Jorge Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison, 6300 University Parkway, Ste
101, Sarasota, FL 34240, via email at jsantetro@fcci-group.com; ssmith5@fcci-group.com;
legalservice@fcci-group.com.
/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: cvictor@forthepeople.com
Attorneyfor Plaintiff
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Preview
Filing # 137539139 E-Filed 10/29/2021 11:52:45 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2020-CA-1106-AN XIAO SHENG YUE, Plaintiff, vs. CYNTHIA M. FOERSTER and CHAPP, INC., Defendants. —aeesa(i(i‘iésOOC PLAINTIFF’S NOTICE OF TAKING VIDEOTAPE DEPOSITION DUCES TECUM* PLEASE TAKE NOTICE that Plaintiff, XIAO SHENG YUE, by and through his undersigned attorneys will take the following Deposition pursuant to Florida Rule of Civil Procedure 1.310(b)(6): DATE/TIME: | DEPONENT: LOCATION: CORPORATE REPRESENTATIVE of | Appear via ZOOM, Instruction to Cynthia Payne | CHAPP,INC.: regarding the policies and | be provided. 11/29/21 procedures related to the subject crash Court Reporter & Videographer: @10:00 Am investigation/reporting related to this U.S. Legal Support, Inc. matter, as well as the factual bases of the affirmative defenses including, the pleadings of Defendant, as well as to all the items and areas identified in the schedule to said deposition, and when Defendant knew that litigation was likely as a result of this incident. *Please advise, no less than seventy-two (72) hours prior to the above scheduled deposition, if an interpreter is required. upon oral examination before U.S. Legal Support, Inc., Court Reporters, or a Notary Public in and for the State of Florida at Large, or some other officer duly authorized by law to take depositions and videotaped by U.S. Legal Support, Inc. for the purpose of discovery, or for use at trial, or for such other purpose as is permitted under the applicable and governing Florida Rules of Civil Procedure. MATTERS OF EXAMINATION 1. Knowledge regarding the crash and date of crash; including time of crash, person(s) in the vehicles at time of crash. 2. Knowledge regarding qualifications of the driver and its passengers, and knowledge regarding the vehicle. All policies and procedures of the Defendant regarding safe driving practices of its drivers, or any employees authorized to drive vehicles. 3. Defendant’s safety philosophy. 4. The hiring, training and supervision and driving history of Defendant, Cynthia Foerster. 5. The Defendant’s position and opinion as to how the crash occurred, and what, when and how the driver communicated to you as to why or how the crash happened. 6. Identification of all individuals by whom you were contacted regarding the crash or who spoke with anyone who was at the scene on the date of the crash. 7. Any information for the documents requested below. *DUCES TECUM Said Deponent shall produce the following: 8. All statements made by any occupants of the vehicles involved in the subject incident. 9. All statements made by any witnesses to the subject accident. 10. _—All statements made by the Plaintiff pertaining to or concerning the subject matter. 2 11. — Any and all color photographs of the vehicles involved in the subject accident. 12. — Any and all color photographs of the Plaintiff depicting injuries received in the subject accident. 13. Any and all color photographs of the subject accident scene. 14. Documents relating to or discussing repairs or maintenance to Defendants’ vehicle that were done for the six (6) months period of time preceding and including the date of the accident and for the six (6) month period of time following the date of the accident. 15. The repair bill and estimates for the repairs to any of the vehicles involved in the accident for damages incurred in the accident. 16. — Any and all policies of liability insurance in effect on the date of the subject accident, providing coverage to the defendant herein. 17. Appraisals of all property damage sustained by Defendants’ vehicle in the subject accident. 18. Appraisals of the property damage sustained by Plaintiff's vehicle in the subject accident. 19. A copy of any and all surveillance films, photos, or depictions taken of the Plaintiff as a result of the subject accident, to include all billing, invoices, reports, journals, logs, notes, and/or documentation of any kind relative to the subject accident. 20. Acopy of any and all insurance agreements, insurance policies or agreements of any kind or nature under which any person or company carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse any payments made to satisfy any such judgment or settlement, including but not limited to a certified copy of the declarations sheet as to each such policy. 3 21. Copies of any and all computer generated documents in the possession of the Defendants or any agent, servant and/or employee of the Defendants, which pertains or relate, in any manner or fashion, to and any past claims history of the Plaintiff in this lawsuit. 22. Copies of any and all checks issued by the Defendants or any agent, servant and/or employee of the Defendants to any other person, firm or company making a claim arising out of the same accident or incident which is the basis of this lawsuit. 23. All payout records for the insurer of the Defendants for benefits paid to or on behalf of Plaintiff under the personal injury protection and medical payment coverage of the policy. 24. Accopy of the driver’s license of the driver involved in the subject accident that existed on the date of the accident as well as the current driver’s license. 25. Copies of any and all cellular telephone bills, statements, records, etc. for the Defendant(‘s) and/or their driver and/or any passenger(s) name(s) and/or the account holder on the date of the subject collision set forth in the subject Complaint. 26. A true and exact copy of the Defendant driver’s, Cynthia Foerster’s personnel and/or DOT files to include only all job applications / resumes / references / background checks /investigations/ training documentation / and disciplinary information. This request specifically excludes all personal identifying and protected health information or pay/salary documentation; to include home address(es), phone number(s), date of birth and social security number. 27. Copies of any and all cellular telephone bills, statements, records, etc., for all other cellular telephones being used and/or hand held for any reason by the Defendant driver and/or his passenger(s) on the date of the subject collision described in Plaintiff's Complaint. 4 28. Color copy(ies) of any dash camera video or traffic light video footage for the date and/or time of the subject crash. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 29, 2021, I electronically filed the foregoing with the Clerk of the Courts by using the Florida Courts eFiling Portal which will forward a copy to: Jorge Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison, 6300 University Parkway, Ste 101, Sarasota, FL 34240, via email at jsantetro@fcci-group.com; ssmith5@fcci-group.com; legalservice@fcci-group.com. /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: cvictor@forthepeople.com Attorneyfor Plaintiff 5