SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------x EDDIE SOTO and INGRID SOTO Index No. 714043/2016 -against- GLOBAL LIBERTY INSURANCE COMPANY, Plaintiffs, Defendants. ----------------------------------------------------------------------x PLAINTIFFS FIRST SET OF DOCUMENT DEMANDS TO GLOBAL LIBERTY INSURANCE COMPANY PLEASE TAKE NOTICE, that, pursuant to Article 31 of the Civil Practice Law, Plaintiffs Eddie Soto and Ingrid Soto (collectively, Plaintiffs ) by and through their attorneys Bruce D. Katz & Associates, hereby requests that Defendant produce the following documents and things for inspection and/or reproduction at the offices of Bruce D. Katz & Associates at its offices located at 160 Broadway, 4 th Floor, New York, NY 10038 on or before February 28, 2017. These document requests are to be read, interpreted and answered in accordance with the instructions and definitions that are set forth herein and pursuant to Article 31 of the New York CPLR. DEFINITIONS AND INSTRUCTIONS 1. Global Liability Insurance Company or GLIC or defendant means (a) Global Liability Insurance Company and (b) any of the subsidiaries, divisions, departments, affiliates, predecessors, successors or offices of the foregoing and by whatever name known, and all present and former officers, directors, employees, trustees, principals, agents, and representatives of the foregoing as well as any person acting or purporting to act on its behalf. 1 of 8
2. Plaintiffs means Eddie Soto and/or Ingrid Soto or Ingrid Hassang. 3. Person includes natural persons, any business entity (whether individual proprietorship, partnership, association, or corporation), governmental entity, and any department, agency, bureau, or political subdivision thereof. 4. Document(s) means any written, recorded, graphic, or other matter, whether sent or received or made or used internally, however produced or reproduced and whatever the medium on which it was produced or reproduced (whether on paper, cards, charts, files, or printouts; tapes, discs, belts, video tapes, audiotapes, tape recordings, cassettes, or other types of voice recording or transcription; computer tapes, databases, or e-mails; pictures, photographs, slides, films, microfilms, motion pictures; or any other medium), and any other tangible item or thing of readable, recorded, or visual material of whatever nature including originals, drafts, and all nonidentical copies of each document (which, by reason of any variation, such as the presence or absence of handwritten notes or underlining, represents a distinct version). By way of example, the term document(s) as used herein shall include, without limitation: correspondence; memoranda; notes; diaries; letters; telegraphs; telegrams; telexes; e-mails; minutes; agendas; contracts; reports; studies; checks; statements; receipts; returns; summaries; pamphlets, circulars; press releases; advertisements; books; prospectuses; inter-office and intraoffice communications; handwritten or typewritten notes; notations or summaries of telephone conversations, meetings, or conferences; bulletins; computer printouts; databases; teletypes; telefax; invoices; worksheets; constitutions; by-laws; charters; resolutions; photographs; tape recordings; and all other tangible items of readable, recorded, or visual material of any kind. A draft or non-identical copy is a separate document within the meaning of this term. 5. Communication means the transmittal of information (in the form of facts, ideas, inquiries or otherwise). 2 2 of 8
6. The term person is defined as any natural person or any business, legal or governmental entity or association. 7. Concerning or relating to means comprising, containing, setting forth, showing, disclosing, describing, explaining, evidencing, constituting, summarizing, mentioning, concerning, underlying, and/or reflecting, relating or referring to, directly or indirectly. 8. This Request applies to all documents in Defendant s possession, custody or control, including documents which Defendant may obtain from another by legal right to obtain from another and documents in the possession of Defendant s counsel. Documents in the possession of an entity shall include documents in the possession of any employee, agent, representative or consultant of that entity. All documents created electronically are to be produced in their original electronic form. 9. The documents produced shall be produced as they are kept in the usual course of business and shall be labeled to identify the paragraphs of this Request to which they are responsive. If a document is responsive to more than one paragraph of this Request, it shall be labeled to correspond to the paragraph that first requests it. 10. The connectives and and or shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 11. The use of the singular form of any word includes the plural and vice versa. 12. In the event that any document within the scope of this Request is withheld from production upon a claim of privilege, you are requested to serve upon the Defendant s counsel, on the date fixed for inspection and copying of the documents requested herein a written identification of each document withheld from production, setting forth as to each such document: a. the nature of the privilege claimed; 3 3 of 8
b. the date of the document; c. the type of document (e.g., letter or memorandum); d. the general subject matter of the document; e. the name and last known business address of each person who made, prepared or signed the document; f. the name and last known business address of each person to whom the document was addressed and each person to whom a copy was sent; g. the name and last known business address of any person who at any time had custody, possession or control of the original or a copy of the document, and the name of, address of, and his or her position with the business entity by which he or she was then employed; h. the present location of the document; and i. such other information as is sufficient to identify the document for a subpoena duces tecum, including, where appropriate, the author of the document, the addressees of the document, and any other recipients shown in the document, and, where not apparent, the relationship of the author, addressees, and recipients to each other. 13. If you claim any ambiguity in interpreting any document request or any definition or instruction applicable to a request herein, you may not use such a claim as a basis for refusing to respond to the request, but shall respond to the request applying the broadest possible interpretation. 14. If a request herein calls for the production of a document not within your possession, custody or control, state this fact in your response, identify and describe the document with particularity, and identify each person having possession, custody or control of the document. 4 4 of 8
15. In the event that any document called for by any request herein has been destroyed or discarded, identify each such document, identify all persons to whom the document was distributed, shown or explained; set forth the date of the document s destruction or discard, the manner of destruction or discard, and the reason for destruction or discard; and identify the persons authorizing the carrying out of any such destruction or discard. 16. The requests herein are intended to cover all writings in your possession, custody or control, whether located in your offices or in the possession of any third party, agent, representative, accountant or attorney for you. 17. Each request herein, and each subsection of each request herein, is to be fully and separately answered. 18. In producing documents and things requested herein, you shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. You are also requested to identify, in writing, paragraphs as to which no documents are produced. 19. The document requests set forth herein are to be deemed continuing so as to require further and supplemental production if you discover, receive, or generate additional documents subsequent to the time of your initial production of documents. Unless otherwise specified herein, this document request covers September 12, 2012 through the present and includes all documents and information that relate, in whole or in part, to such period or to events or circumstances during such period even though dated, generated, or received prior or subsequent to that period. 20. Where documents in the possession of a legal entity are requested, such request includes the entity s employees, advisors, attorneys, representatives, agents, officers, directors, 5 5 of 8
independent contractors, successors and assigns, and all other persons acting for or on behalf of any one or more of them. REQUESTS 1) Global Liability Business Automobile Policy FHP0721271. a) Documents concerning Global Liberty Business Automobile Policy FHP0721271. b) Communications concerning your Business Automobile Policy FHP0721271. c) Documents identifying vehicles covered by Business Automobile Policy FHP0721271 on May 4, 2013, 2) GLIC s underwriting file pertaining to Business Automobile Policy FHP0721271. a) Documents concerning the underwriting of GLIC s Business Automobile Policy FHP0721271. b) Communications the underwriting of GLIC s Automobile Policy FHP0721271. 2012. 3) GLIC s claim files concerning losses sustained on May 4, 2013 by Plaintiffs. 4) Your Claim file #133488. a) Documents concerning your Claim file # 133488. b) Communications concerning your Claim file # 133488. 5) GLIC s document retention policy for the period commencing. September 12, 6) GLIC s policy and procedure manual concerning lack of cooperation by an insured. 6 6 of 8
Dated: February 7, 2017 New York, New York BRUCE D. KATZ & ASSOCIATES By:. Bruce D. Katz, Esq. 160 Broadway, 4 th Fl. New York, NY 10038 Telephone: (212) 233-3434 Attorneys for Plaintiffs Eddie Soto and Ingrid Soto To: LA PIETRA & KRIEGER, P.C. Attorneys for Defendant Global Liberty Insurance Co. 30 Glenn Street-Suite 105 White Plains, NY 10603 RASKIN & KREMINS, LLP Attorneys for Plaintiffs Eddie Soto and Ingrid Soto 160 Broadway, 4 th Fl. New York, NY 10038 7 7 of 8
Index No. 714043/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS EDDIE SOTO AND INGRID SOTO, -against- Plaintiffs, GLOBAL LIBERTY INSURANCE COMPANY, To: Attorney(s) for Defendants. PLAINTIFFS FIRST SET OF DOCUMENT DEMANDS TO GLOBAL LIBERTY INSURANCE COMPANY BRUCE D. KATZ AND ASSOCIATES Attorneys for PLAINTIFFS 160 Broadway - 4 th Floor New York, New York 10038 (212) 233-3434 (646) 290-5928 FAX PLEASE TAKE NOTICE NOTICE OF ENTRY that the within is a (certified) true copy of an Order entered in the office of the Clerk within named Court on, 2000. NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be presented to the Hon. the judges of within named Court, at, on. Dated: New York, New York Yours, etc., Bruce D. Katz and Associates Attorneys for Petitioner 160 Broadway-4th Floor New York, NY 10038 (212) 233-3434 (646) 290-5928 FAX 8 of 8