No Value: RIVERA, JOANNIE vs. LENNAR HOMES, LLC.

On February 17, 2023 a No Value was filed involving a dispute between Rivera, Joannie, and Atlas Vacation Homes, Llc, Bob'S Pool Service Inc., Bob'S Pool Service, Inc. D B A Bob'S Pools Et. Al., Bob'S Pools & Screens, Inc., Hardscapers Of Central Florida, Llc, Lennar Homes Holding, Inc., Lennar Homes, Llc., Len Ot Holdings, Llc, Lw Systems, Inc., Mtci Private Provider Svcs, Llc, for CIRCUIT CIVIL in the District Court of Osceola County.

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Filing # 186004070 E-Filed 11/13/2023 02:41:05 PM

IN THE CIRCUIT COURT OF THE 9TH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA

JOANNIE RIVERA, as the Personal CIVIL DIVISION
Representative of the Estate of Kasen Baker,
a deceased minor, CASE NO: 2023 CA-000415 ON

Plaintiff,

LENNAR HOMES, LLC.; LEN OT
HOLDINGS, LLC; LENNAR HOMES
HOLDING, LLC; BOB’S POOL SERVICE,
INC. d/b/a BOB’S POOLS AND SCREENS;
BOB’S POOLS & SCREENS, INC.;
HARDSCAPERS OF CENTRAL FLORIDA,
LLC; LW SYSTEMS, INC.; MTCI
PRIVATE PROVIDER SERVICES, LLC
d/b/a MTCI; and ATLAS VACATION
HOMES, LLC.

Defendants.
/

MOTION TO COMPEL BETTER DISCOVERY RESPONSES
FROM DEFENDANT, LEN OT HOLDINGS, LLC

Plaintiff, by and through undersigned counsel, files this motion to compel better discovery

responses from Defendant, LEN OT HOLDINGS, LLC (“LEN”), and states:

1. This case arises from the tragic drowning of Kasen Baker, a four-year-old minor

child, who died on February 26, 2021. Kasen drowned because of Defendants’ negligence in,

among other things, building short-term rental properties with unreasonably dangerous pool safety

mesh fences that are supposed to be attached to a paver brick that was not secured.

2. Defendant, LEN, along with the other Defendants named herein, was involved in

designing and constructing the subject property, subject pool, pool deck, and pool safety fence.

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CASE NO: 2023 CA-000415 ON

3. The discovery responses/objections are attached as Composite Exhibit A, and

further identified herein.

4. Undersigned counsel certifies that good faith attempts to resolve this matter without

court action were undertaken before filing this motion, specifically, emails were exchanged with

opposing counsel identifying the deficient discovery responses and additional time was provided

to Defendant to provide better responses. See Fla. R. Civ. P. 1.380(a)(2); Admin. Order 2012-03-

01.

5. Further, as per Administrative Order 2012-03-01 and this Court’s specific Meet and

Confer instructions, undersigned counsel scheduled and held a substantive meet and confer with

opposing counsel on October 23, 2023. However, following the meet and confer, Defendant did

not provide any revised responses or additional documents to address the specific deficiencies

identified by Plaintiff in an email provided before the meet and confer. That initial email, dated

October 16, 2023, identified the objections at issue and requested better responses. To date, better

responses and additional documents have not been provided.

6. After filing this Motion undersigned will continue to try to resolve these matters

without the need for a hearing and if successful undersigned will cancel the hearing.

7. Plaintiff’s counsel requests an award of expenses including attorney’s fees pursuant

to this Court’s procedures and Florida Rule of Civil Procedure 1.380(a)(4) if this motion is granted.

OBJECTIONS AT ISSUE

As described in the October 16, 2023, email, in response to Plaintiff’s Request for

Production (“RFP”) #1, 4, 10-12, 21, 36, and 44-45, Defendant states “responsive documents will

be produced under a separate cover.” However, no additional documents were produced, nor was

the response revised to indicate that that occurred. Thus, Plaintiff must assume not all responsive

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CASE NO: 2023 CA-000415 ON

documents were produced. Accordingly, Plaintiff requests that Defendant provide an updated

response and also produce the responsive documents immediately.

In response to RFP Request #3, Defendant indicated it “will provide the applicable excess

insurance policy” upon execution of a mutually confidentiality order. Defendant similarly

responded in its Answers to Interrogatory, Request #2. However, after Plaintiff asked Defendant

to provide its proposed Confidentiality Agreement and/or Order, nothing was provided. To

expedite this matter and avoid delaying it further, Plaintiff hereby stipulates to keep these items

confidential for purposes of this case and destroy these confidential documents at the conclusion

of this litigation; however, the documents should be produced. Defendant may stamp the word

confidential on each of these insurance documents to make the matter clear.

In response to RFP Request #7, 30, and 31-32, Defendant raised objections (e.g. over broad,

vague), asserted privileges, and then responded, only in part. However, in addition to the fact that

such boilerplate objections are improper, Plaintiff cannot ascertain whether responsive documents

have been withheld subject to privilege or otherwise. Accordingly, Plaintiff asks the Court to

overrule the objections and order Defendant to provide the documents or indicate there are none.

Regarding Defendant’s claims of privilege, Florida Rule 1.280(b)(6) states:

(6)Claims of Privilege or Protection of Trial Preparation Materials. When a party
withholds information otherwise discoverable under these rules by claiming that it
is privileged or subject to protection as trial preparation material, the party shall
make the claim expressly and shall describe the nature of the documents,
communications, or things not produced or disclosed in a manner that,
without revealing information itself privileged or protected, will enable other
parties to assess the applicability of the privilege or protection.

Notwithstanding this very clear rule, Defendant did not provide a privilege log and failed

to provide any required information supporting the alleged claims of privilege. Plaintiff then

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CASE NO: 2023 CA-000415 ON

provided Defendants with significant opportunities to provide a privilege log and, to date,

Defendant has not done so.

Accordingly, Defendant has waived any applicable privilege. See TIG Ins. Co. v. Johnson,

799 So.2d 339 (Fla. 4th DCA 2001) (holding that “insurer’s failure to prepare privilege log identifying

correspondence with attorney resulted in waiver of any attorney-client and work-product

privileges.”); see also Kaye Scholer LLP v. Zalis, 878 So.2d 447, 449 (3d DCA 2004); General

Motors Corp. v. McGee, 837 So.2d 1010 (Fla. 4th DCA 2002); Nationwide Mut. Fire Ins. Co. v.

Hess, 814 So.2d 1240 (Fla. 5th DCA 2002); TIG at 339.

Defendant’s nonspecific boilerplate objections in these and other responses included herein

are inappropriate and prohibited in certain courts by standing order. See e.g. Standing Discovery

Order, 15th Judicial Circuit Court in and for Palm Beach County, Florida attached hereto as

Exhibit B, at page 2. Similarly, general objections as vague, overly broad, and unduly burdensome

are improper. See id. A party making such objections must state the specific and particular way

in which a discovery request is vague, seeks irrelevant information, or is unduly burdensome. See

also Topp Telecom, Inc. v. Atkins, 763 So.2d 1197, 1199 (Fla. 4th DCA 2000).

Moreover, a party may not state formulaic objections followed by an answer. See Exhibit

B at pages 3-4. Such responses “preserve nothing” and “leaves the requesting party uncertain as

to whether the discovery request (as propounded) has actually been fully answered, whether the

response relates only to the request as unilaterally narrowed by the responding party, and whether

the responding party is withholding any responsive materials.” Id. at 3. The “proper practice is to

state (1) whether documents are being provided in response to the request and identify those

documents by sequential number or category, and (2) whether any responsive documents are being

withheld, and if so the specific legal basis for that objection.” Id.

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CASE NO: 2023 CA-000415 ON

The Palm Beach Court’s Standing Order also notes that indicating documents will be

produced at an indeterminate time is inappropriate because it “is not a response and only serves to

delay the discovery process.” Id. Finally, “generalized objections asserting attorney-client

privilege or work product doctrine do not comply with the Rules.” Id. at 5. For these reasons, and

the others set forth herein, Defendant’s objections should be overruled and it should be ordered to

provide the required privilege log with the information Florida law requires.

In Response to RFP Request #22-28, and 37-38, Defendant again raised boilerplate

objections (e.g. over broad), asserted privileges, and no documents were produced. For the same

reasons set forth above and included authority cited herein, the objections should be overruled and

Defendant should be ordered to provide a privilege log and updated responses that are clear as to

whether the documents have been produced and if not produce them.

In response to RFP Request #33, and 41-43, Defendant again raised improper boilerplate

objections (e.g. over broad, unduly burdensome) and no documents were produced. For the same

reasons set forth above and included authority cited herein, the objections should be overruled and

Defendant should be ordered to provide updated responses that are clear as to whether the

documents have been produced and if not produce them.

In response to RFP Request #34, 35, and 46-50, Defendant raised improper objections (e.g.

over broad, unduly burdensome) and then responded, only in part. For the same reasons set forth

above and included authority cited herein, the objections should be overruled and Defendant

should be ordered to provide updated responses that are clear as to whether the documents have

been produced and if not produce them.

Lastly, in response to Plaintiff’s Interrogatories, Defendant raised objections and then

answered, only in part Interrogatories #2, 3, 5, 6, 8, 10, 12, 13, 23, 25. For the same reasons set

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CASE NO: 2023 CA-000415 ON

forth above, which prohibit objecting and responding only partially in this manner, the objections

should be overruled, and Defendant should be ordered to provide complete responses.

WHEREFORE, for each of the foregoing reasons, Plaintiff requests that the Court overrule

Defendant’s objections, find that any alleged privilege has been waived or compel Defendant to

respond with a privilege log, and order Defendant to immediately produce the requested discovery

materials that are in its possession, custody, or control.

CERTIFICATE OF COMPLIANCE

I HEREBY CERTIFY that a lawver in my firm with full authority to resolve this matter

had a substantive conversation in person, by telephone or by video conference with opposing

counsel in a good faith effort to resolve this motion before the motion was noticed for hearing but

the parties were unable to reach an agreement.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the

Osceola County Court by using the Florida Court’s e-Filing Portal on this 13th day of November

2023 with an automatically generated email to those parties listed on the attached Service List.

RATZAN WEISSMAN & BOLDT
Attorneys for Plaintiffs
2850 Tigertail Avenue, Suite 400
Coconut Grove, FL 33133
Telephone: (305) 374-6366
Facsimile: (305) 374-6755

By: s/Mario R. Giommoni __
Stuart N. Ratzan
Florida Bar No.: 911445
Stuart@rwblawyers.com
Stuart J. Weissman
Florida Bar No.: 57909
StuartW@rwblawyers.com
Mario R. Giommoni

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CASE NO: 2023 CA-000415 ON

Florida Bar No.: 97925
Mario@rwblawyers.com

SERVICE LIST

Rick Freedman, Esq.
Rick Freedman & Associates, P.A.
Attorney For: Joannie Rivera
3350 SW 148th Avenue, Suite 110
Miramar, FL 33027
Phone: (305) 448-8585
Fax: (954) 433-9776
Email Address: Rickfreedmanlaw@aol.com;cristina.freedmanlaw@aol.com

Carlos B. Salup, Esq.
Salup Rodriguez, PLLC
Attorney For: LW Systems, Inc.
2665 South Bayshore Drive, Suite 301
Miami, FL 33133
Phone: (305) 722-5500
Fax: (305) 722-7275
Email Address: Csalup@SalupRodriguez.com;Cdiaz-
Valdes@SalupRodriguez.com;Fflynn@SalupRodriguez.com

Christine Welstead
Bowman & Brooke, LLC
Attorney For: Lennar Homes Holding, LLC
Two Alhambra Plaza, Suite 800
Coral Gables, FL 33134
Phone: (305) 595-5600
Fax: (305) 995-6100
Email Address:
christine.welstead@bowmanandbrooke.com;Carolina.pinero@bowmanandbrooke.com;Neysa.B
owles@bowmanandbrooke.com;Ashleigh.Carroll@bowmanandbrooke.com;Maria.Esteva@bow
manandbrooke.com

Gabriel Costa, Esq./Hitham Eldaher, Esq.
Callahan & Fusco, LLC
Attorney For: LEN OT Holdings, Lennar Homes, LLC and Lennar Homes Holding, LLC
200 SW 1st Avenue,Suite 840
Fort Lauderdale, FL 33301
Phone: (877) 618-9770
Fax: (954) 252-2308

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CASE NO: 2023 CA-000415 ON

Email Address:
gcosta@callahanfusco.com;heldaher@callahanfusco.com;eserve@callahanfusco.com;daisaza@c
allahanfusco.com

Gregory J. Prusak,Esq.
Kubicki Draper
Attorney For: Bob's Pool Service, Inc. d/b/a Bobs Pools and Screens and Bob's Pools and
Screens, Inc.
201 S. Orange Ave, Suite 475
Orlando, FL 32801
Phone: (407) 245-3630
Fax: (407) 245-7685
Email Address: gp-kd@kubickidraper.com;nancy.donaldson@kubickidraper.com

Jan Trendowski, Esq.
Callahan & Fusco, LLC
Attorney For: LEN OT Holdings, Lennar Homes, LLC and Lennar Homes Holding, LLC
200 SW 1st Avenue, Suite 940
Fort Lauderdale, FL 33301
Phone: (877) 618-9770
Email Address: jtrendowski@callahanfusco.com;jsantana@callahanfusco.com

Joshua Roth, Esq./Jennifer Miller, Esq.
Hamilton, Miller & Birthisel, LLP
Attorney For: Hardscapers of Central Florida, LLC
150 Southeast Second Avenue, Suite 1200
Miami, FL 33131
Phone: (305) 379-3686
Email Address:
jroth@hamiltonmillerlaw.com;jmiller@hamiltonmillerlaw.com;mcanatsey@hamiltonmillerlaw.c
om;svargas@hamiltonmillerlaw.com

Sanaz Alempour, Esq.
Cole Scott & Kissane, P.A.
Attorney For: MTCI Private Provider Services, LLC
600 North Pine Island Road
Suite 500
Plantation, FL 33324
Phone: (954) 473-1112
Fax: (954) 474-7979
Email Address:
sanaz.alempour@csklegal.com;toni.ortiz@csklegal.com;courtney.kaiser@csklegal.com;marybet
h.stone-kassner@csklegal.com

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EXHIBIT A
IN THE CIRCUIT COURT OF THE 9TH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA

CASE NO. 2023-CA-00415-ON

JOANNIE RIVERA, as Personal Representative
of the Estate of Kasen Baker, a deceased minor,

Plaintiff,
v.

LENNAR HOMES, LLC; LEN OT HOLDINGS,
LLC; LENNAR HOMES HOLDING, LLC; BOB’S
POOL SERVICE, INC. D/B/A BOB’S POOLS AND
SCREENS; BOB’S POOLS & SCREENS, INC.;
HARDSCAPERS OF CENTRAL FLORIDA, LLC;
LW SYSTEMS, INC.; MTCI PROVIATE PROVIDER
SERVICES, LLC d/b/a MTCI; and ATLAS
VACATION HOMES, LLC,

Defendant.

_____________________________________________/

DEFENDANT, LEN OT HOLDINGS, LLC.’s NOTICE OF SERVING RESPONSES TO
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION

Defendant, Len OT Holdings, LLC. (“Len OT”), by and through undersigned counsel and

pursuant to Florida Rule of Civil Procedure 1.350, hereby notifies the Court that it has served

responses to Plaintiff’s Initial Request for Production to the Plaintiff and its counsel on June 30,

2023.

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DEFENDANT’S RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION.

1. Any and all documents identified in your answers to Plaintiff’s interrogatories.

RESPONSE: Responsive documents will be produced under a separate cover.

2. Any and all statements of Plaintiffs, their representatives, and/or agents.

RESPONSE: To the extent applicable, see produced body camera footage, wherein Brianna
McFarland Made statements to Osceola County Sheriff’s Office, including but not limited to
verbal statements made to Officers that were recorded through body camera footage.
Additionally, see produced 911 calls and sworn statements provided to the Osceola County
Sheriff’s Office produced under a separate cover.

3. Please provide complete and full copy(ies) of all insurance policies, including excess
and/or umbrella coverage, which may cover you for the allegations set forth in Plaintiff’s
complaint; including the declaration pages, policy forms, all endorsements, and all amendments
thereto. (Do not provide only the Declarations page)

RESPONSE: Defendant denies any wrongful and/or liability in this action and makes no
representations as to any potential coverage for the claims asserted by Plaintiff in this action.
See redacted declaration page of the applicable policy. Upon execution of a mutual
confidentiality order, Defendant will provide the applicable excess insurance policy.

4. A copy of Defendant LEN OT HOLDINGS, LLCs design and construction file, including
all records relating to the design and construction of all facets and features of the home located at
4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community, including the doors and
sliding glass door leading out to the pool, the pool patio and pool deck system, the brick pavers
surrounding the pool, and the pool safety barrier fence system installed around the pool.

RESPONSE: Responsive documents will be produced under a separate cover for the
property located at 4518 Narrative Lane, Kissimee, Florida, in the Storey Lake Community
(“Property”).

5. Any and all photographs, videos or other visual images relating to the home built at 4518
Narrative Lane, Kissimmee, FL in the Storey Lake Community from 2015 to present.

RESPONSE: Photographs and videos provided by the Osceola County Sheriff’s Office are
produced under a separate cover.

6. The minutes of, and records from, any incident review or safety committee or similar
meetings relating to the home built at 4518 Narrative Lane, Kissimmee, FL in the Storey
Lake Community from 2015 to present.

RESPONSE: None.

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7. Copies of any and all memoranda, correspondence, reports, emails and any other
documents regarding any inspections to the homebuilt at 4518 Narrative Lane, Kissimmee,
FL in the Storey Lake Community.

RESPONSE: Defendant objects to this Request as overbroad as to the term “regarding,”
vague as to the phrase “other document,” and not limited in time, as no time frame is
provided. Defendant further objects to the extent this Request seeks production of records
and/or correspondence protected under the attorney client privilege and/or work product
privileges. Notwithstanding the above, inspection records are produced under a separate
cover.

8. Copies of any and all memoranda, correspondence, reports, emails and any other
documents regarding any complaints against any individuals or entities relating to the
homebuilt at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community.

RESPONSE: None.

9. Copies of any and all reports, correspondence, emails, memoranda, violations, charges,
tickets, warnings, or any other documents to or from any governmental or regulatory
agency relating to the homebuilt at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake
Community.

RESPONSE: None.

10. Any and all documents referring, relating or regarding inspection of the home built at 4518
Narrative Lane, Kissimmee, FL in the Storey Lake Community, including inspections of
the doors and sliding glass door leading out to the pool, the pool patio and pool deck
system, the brick pavers surrounding the pool, and the pool safety barrier fence system
pertaining to the home located at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake
Community.

RESPONSE: Inspection reports in Defendant’s possession will be produced under a separate
cover.

11. Any and all inspection reports, notes, photographs, videos, charts or other evidence of
inspection of the doors and sliding glass door leading out to the pool, the pool patio and
pool deck system, the brick pavers surrounding the pool, and the pool safety barrier fence
system pertaining to the home located at 4518 Narrative Lane, Kissimmee, FL in the Storey
Lake Community.

RESPONSE: Inspection reports in Defendant’s possession will be produced under a separate
cover.

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12. Copies of any and all contracts, purchase documents, and deeds between Defendant LEN
OT HOLDINGS, LCC and Les Chateaux du Golde regarding the purchase of the home
built at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community.

RESPONSE: Responsive documents will be produced under a separate cover.

13. Copies of any and all contracts and/or written agreements between Defendant LEN OT
HOLDINGS, LLC and any subcontractor regarding the design, development, and
construction of the home located at 4518 Narrative Lane, Kissimmee, FL in the Storey
Lake Community, including, the design, development, construction, and installation of the
doors and sliding glass door leading out to the pool, the pool patio and pool deck system,
the brick pavers surrounding the pool, and the pool safety barrier fence system installed
around the pool..

RESPONSE: None.

14. Copies of any and all contracts and/or written agreements between Defendant LENNAR
HOMES, LLC and Defendant LEN OT HOLDINGS, LLC relating to the Storey Lake
Community.

RESPONSE: None.

15. Copies of any and all contracts and/or written agreements between Defendant LEN OT
HOLDINGS, LLC and Defendant LENNAR HOMES HOLDINGS, LLC related to the
Storey Lake Community.

RESPONSE: None.

16. Copies of any and all contracts and/or written agreements between LEN OT HOLDINGS,
LLC. and Defendant BOB’S POOL SERVICE, INC. d/b/a BOB’S POOLS AND
SCREENS regarding the design, development, and construction of the home located at
4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community, including, the design,
development, construction, and installation of the doors and sliding glass door leading out
to the pool, the pool patio and pool deck system, the brick pavers surrounding the pool, and
the pool safety barrier fence system installed around the pool.

RESPONSE: None.

17. Copies of any and all contracts and/or written agreements between Defendant LEN OT
HOLDINGS, LLC and Defendant BOB’S POOLS AND SCREENS, INC. regarding the
design, development, and construction of the home located at 4518 Narrative Lane,
Kissimmee, FL in the Storey Lake Community, including, the design, development,
construction, and installation of the doors and sliding glass door leading out to the pool,

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the pool patio and pool deck system, the brick pavers surrounding the pool, and the pool
safety barrier fence system installed around the pool.

RESPONSE: None.

18. Copies of any and all contracts and/or written agreements between Defendant LEN OT
HOLDINGS, LLC. and Defendant HARDSCAPERS OF CENTRAL FLORIDA, LLC
regarding the design, development, and construction of the home located at 4518 Narrative
Lane, Kissimmee, FL in the Storey Lake Community, including, the design, development,
construction, and installation of the doors and sliding glass door leading out to the pool,
the pool patio and pool deck system, the brick pavers surrounding the pool, and the pool
safety barrier fence system installed around the pool.

RESPONSE: None.

19. Copies of any and all contracts and/or written agreements between Defendant LEN OT
HOLDINGS, LLC. and Defendant LW SYSTEMS, INC. regarding the design, development,
and construction of the home located at 4518 Narrative Lane, Kissimmee, FL in the Storey
Lake Community, including, the design, development, construction, and installation of the
doors and sliding glass door leading out to the pool, the pool patio and pool deck system,
the brick pavers surrounding the pool, and the pool safety barrier fence system installed
around the pool.

RESPONSE: None.

20. Copies of any and all contracts and/or written agreements between Defendant LEN OT
HOLDINGS, LLC. and Defendant MTCI PRIVATE PROVIDER SERVICES, LLC d/b/a
MTCI regarding the design, development, and construction of the home located at 4518
Narrative Lane, Kissimmee, FL in the Storey Lake Community, including, the design,
development, construction, and installation of the doors and sliding glass door leading out
to the pool, the pool patio and pool deck system, the brick pavers surrounding the pool, and
the pool safety barrier fence system installed around the pool.

RESPONSE: None.

21. Any and all plans, design plans, policies, procedures, and drawings for the home built at
4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community, including the doors
and sliding glass door leading out to the pool, the pool patio and pool deck system, the
brick pavers surrounding the pool, and the pool safety barrier fence system installed around
the pool.

RESPONSE: Responsive documents will be produced under a separate cover.

22. All correspondence, communications (including electronic), and e-mails, between
Defendant, LENNAR HOMES, LLC and Defendant, LEN OT HOLDINGS, LLC., or any

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of its entities or related businesses regarding the home located at 4518 Narrative Lane,
Kissimmee, FL in the Storey Lake Community from 2015 to present.

RESPONSE: Defendant objects to this Request as overbroad, including but not limited to
the term “related businesses”, not appropriately limited in time, and to the extent this
Request seeks records protected under the attorney client privilege, work product privilege
and/or joint defense privilege. Furthermore, this Request, as drafted is unduly burdensome
as to its requests for communications and electronically stored information (ESI) as it fails
to clearly specify what information is being sought, what specific search term should be
included and/or what individuals are involved. Pursuant to Gosman v. Luzinski, 937 So. 2d
293 (Fla 4th DCA, 2007), a privilege log will not be provided until such time as the Court rules
as to the other objections herein.

23. All correspondence, communications (including electronic), and e-mails, between
Defendant, LEN OT HOLDINGS, LLC and Defendant, LENNAR HOMES HOLDINGS,
LLC, or any of its entities or related businesses regarding the home located at 4518
Narrative Lane, Kissimmee, FL in the Storey Lake Community from 2015 to present.

24. All correspondence, communications (including electronic), and e-mails, between
Defendant, LEN OT HOLDINGS, LLC and Defendant, MTCI PRIVATE PROVIDER
SERVICES, LLC. d/b/a MTCI, or any of its entities or related businesses regarding the
home located at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community from
2015 to present.

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25. All correspondence, communication (including electronic), contracts, and documents.
between Defendant, LEN OT HOLDINGS, LLC and Defendant, BOB’S POOL SERVICE,
INC. D/B/A BOB’S POOLS AND SCREENS, or any of its entities or related businesses
regarding the home located at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake
Community from 2015 to present.

26. All correspondence, communication (including electronic), contracts, and documents.
between Defendant, LEN OT HOLDINGS, LLC and Defendant, BOB’S POOLS AND
SCREENS, INC., or any of its entities or related businesses regarding the home located at
4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community from 2015 to present.

27. All correspondence, communication (including electronic), contracts, and documents
between Defendant, LEN OT HOLDINGS, LLC and Defendant, LW SYSTEMS, INC., or
any of its entities or related businesses regarding the homebuilt at 4518 Narrative Lane,
Kissimmee, FL in the Storey Lake Community.

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293 (Fla 4th DCA, 2007), a privilege log will not be provided until such time as the Court rules
as to the other objections herein.

28. All correspondence, communication (including electronic), contracts, and documents
between Defendant, LEN OT HOLDINGS, LLC and Defendant, HARDSCAPERS OF
CENTRAL FLORIDA, LLC, or any of its entities or related businesses regarding the
homebuilt at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community.

29. Any and all documents, warnings and notices provided to the owners of the home located
at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community regarding the pool
safety barrier fence surrounding the pool of the home located at 4518 Narrative Lane,
Kissimmee, FL

RESPONSE: None.

30. Any and all documents which you contend support a cause of action against another
defendant in this action or person or entity not named in this action.

RESPONSE: Defendant objects to this Request as overbroad, unduly burdensome, vague
and seeks records protected by the attorney client and work product privilege in the manner
phrased. Notwithstanding same, discovery is ongoing, and Defendant reserves the right to
amend its response.

31. Any and all documents prepared regarding the incident alleged in the complaint, including,
but not limited to any incident report or other investigation into the allegations set forth in
the complaint.

RESPONSE: Defendant objects to this Request as overbroad, including but not limited to
the term “other investigation”, unduly burdensome, vague, and a violation of the attorney
client privilege and work product privilege, to the extent it seeks “documents prepared” by
this Defendant and its attorneys. Pursuant to Gosman v. Luzinski, 937 So. 2d 293 (Fla 4th
DCA, 2007), a privilege log will not be provided until such time as the Court rules as to the
other objections herein.

Notwithstanding the aforementioned objections, see Osceola Sheriff’s Office investigation
file produced under a separate cover.

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32. Any and all photographs, videotapes, surveillance, or audio tapes, diagrams, surveys or
other graphic representations of information concerning the home built at 4518 Narrative
Lane, Kissimmee, FL in the Storey Lake Community.

RESPONSE: Defendant objects to this Request as overbroad, vague, not limited in time, as
no time frame is provided, and seeks records protected by the attorney client and work
product privilege. Pursuant to Gosman v. Luzinski, 937 So. 2d 293 (Fla 4th DCA, 2007), a
privilege log will not be provided until such time as the Court rules as to the other objections
herein. Notwithstanding the aforementioned objections, see produced Osceola County
Sheriff’s Office Records.

33. Copies of all bylaws and Articles of Incorporation for Defendant LEN OT HOLDINGS,
LLC

RESPONSE: Defendant objects to this Request as overbroad, unduly burdensome, vague
and not reasonably calculated to lead to the discovery of admissible evidence.

34. Any and all rules, regulations, standards, policies, procedures, guidelines or other
documents in this Defendant’s possession, custody or control regarding the doors and
sliding glass door leading out to the pool, the pool patio and pool deck system, the brick
pavers surrounding the pool, and the pool safety barrier fence system installed around the
pool for all homes built in the Storey Lake Community.

RESPONSES: Defendant objects to this Request as overbroad, including the term
“regarding”, unduly burdensome, and not limited in scope or time, as no time is provided.
Notwithstanding the aforementioned objections, please see contracts and inspection records
produced under separate cover concerning the subject property.

35. Any and all rules, regulations, standards, policies, procedures, guidelines or other
documents in this Defendant’s possession, custody or control regarding the doors and
sliding glass door leading out to the pool, the pool patio and pool deck system, the brick
pavers surrounding the pool, and the pool safety barrier fence system installed around the
pool regarding the home built at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake
Community.

36. Any and all documents referring, regarding, or relating to work and/or repair orders, and
completion of same, regarding the doors and sliding glass door leading out to the pool, the
pool patio and pool deck system, the brick pavers surrounding the pool, and the pool safety

9
barrier fence system installed around the pool regarding the home built at 4518 Narrative
Lane, Kissimmee, FL in the Storey Lake Community.

RESPONSE: Responsive documents will be produced under a separate cover.

37. All e-mails and any other type of written correspondence between Defendant LEN OT
HOLDINGS, LLC and its employees, agents, representatives, independent contractors and
subcontractors regarding the doors and sliding glass door leading out to the pool, the pool
patio and pool deck system, the brick pavers surrounding the pool, and the pool safety
barrier fence system installed around the pool for all homes built in the Storey Lake
Community.

RESPONSE: Defendant objects to this Request as overbroad, unduly burdensome, not
limited in time, and seeks records protected under the attorney client privilege and work
product privileges, in the manner it is phrased.

38. All e-mails and any other type of written correspondence between Defendant LEN OT
HOLDINGS, LLC and its employees, agents, representatives, independent contractors and
subcontractors regarding the doors and sliding glass door leading out to the pool, the pool
patio and pool deck system, the brick pavers surrounding the pool, and the pool safety
barrier fence system installed around the pool regarding the home built at 4518 Narrative
Lane, Kissimmee, FL in the Storey Lake Community from 2015 to present.

39. All work orders, repair orders, repair tickets, completed work orders, completed repair
order, completed repair tickets, completed delivery tickets, and other documents related to
the doors and sliding glass door leading out to the pool, the pool patio and pool deck
system, the brick pavers surrounding the pool, and the pool safety barrier fence system
installed around the pool for all homes built in the Storey Lake Community.

RESPONSE: Invoices for work and repairs transmitted by LW Systems, Inc. and Bobs Pool
and Screens are provided under a separate cover.

40. All work orders, repair orders, repair tickets, completed work orders, completed repair
order, completed repair tickets, completed delivery tickets, and other documents related to
the doors and sliding glass door leading out to the pool, the pool patio and pool deck
system, the brick pavers surrounding the pool, and the pool safety barrier fence system
installed around the pool regarding the home built at 4518 Narrative Lane, Kissimmee, FL
in the Storey Lake Community.

10
RESPONSE: Invoices for work and repairs transmitted by LW Systems, Inc. and Bobs Pool
and Screens are provided under a separate cover.

41. Any and all marketing and sales materials in this Defendant’s possession, custody or
control regarding the Storey Lake Community.

RESPONSE: Defendant objects to this Request as over broad, unduly burdensome, not
appropriately limited in time and not reasonably calculated to lead to the discovery of
admissible evidence.

42. Any and all marketing and sales materials in this Defendant’s possession, custody or
control regarding the Storey Lake Community from 2015 to present.

RESPONSE: Defendant objects to this Request as over broad, unduly burdensome, not
appropriately limited in time and not reasonably calculated to lead to the discovery of
admissible evidence.

43. Any and all marketing and sales materials in this Defendant’s possession, custody or
control regarding the home built at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake
Community.

RESPONSE: Defendant objects to this Request as over broad, unduly burdensome, not
appropriately limited in time and not reasonably calculated to lead to the discovery of
admissible evidence.

44. All certificates of occupancy and completion for the home built at 4518 Narrative Lane,
Kissimmee, FL in the Storey Lake Community.

RESPONSE: Responsive documents will be produced under a separate cover.

45. All permits and permit applications related to the design, development, and construction of
the home located at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community,
including, the design, development, construction, and installation of the doors and sliding
glass door leading out to the pool, the pool patio and pool deck system, the brick pavers
surrounding the pool, and the pool safety barrier fence system installed around the pool.

RESPONSE: Responsive documents will be produced under a separate cover.

46. Any and all documents of other similar instances of drownings in the Storey Lake
Community from 2015 to present.

11
RESPONSE: Defendant objects to this Request as over broad, unduly burdensome, not
appropriately limited in time or scope and not reasonably calculated to lead to the discovery
of admissible evidence. Notwithstanding the above, none.

47. Any and all documents, emails, correspondence, warnings, notices, and reports relating to
pool deck brick pavers coming or becoming lose in all properties within the Storey Lake
Community from 2015 to present.

RESPONSE: Defendant objects to this Request as over broad, unduly burdensome, not
appropriately limited in time or scope and not reasonably calculated to lead to the discovery
of admissible evidence. Notwithstanding the above, as it pertains to the subject property,
none.

48. Any and all documents of pool deck brick pavers coming or becoming loose in the home
located at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community from 2015
to present.

RESPONSE: Defendant objects to this Request as over broad, unduly burdensome, not
appropriately limited in time and not reasonably calculated to lead to the discovery of
admissible evidence. Notwithstanding the above, none.

49. Any and all documents related to any repairs of the pool deck brick pavers in the home
located at 4518 Narrative Lane, Kissimmee, FL in the Storey Lake Community from 2015
to present.

50. Any and all documents related to any repairs of the pool deck brick pavers in all properties
within the Storey Lake Community from 2015 to present.

12
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on June 30, 2023, a true and correct copy of the foregoing was

furnished by regular mail pursuant to Fla. R. Jud. Admin. 2.516 to all parties on the Service List.

CALLAHAN & FUSCO, LLC

By: /s/ Hitham N. Eldaher
Gabriel A. Costa, Esq.
Fla. Bar No. 67361
Email: gcosta@callahanfusco.com
Hitham N. Eldaher, Esq.
Fla. Bar No. 1002734
Email: heldaher@callahanfusco.com
200 SW 1st Avenue, Suite 940
Ft. Lauderdale, FL 33301
Tel: 877-618-9770
Fax: 954-252-2308
Service Email Address:
eserve@callahanfusco.com

SERVICE LIST: COUNSEL OF RECORD

ON THE FOLLOWING PAGE

13
Stuart N. Ratzan, Esq. Fredrick "Rick" Freedman, Esq.
Stuart J. Weissman, Esq. Rick Freedman & Associates, P.A.
Kimberly Boldt, Esq. 3350 SW 148th Avenue, Suite 110
Mario R. Giommoni, Esq. Miramar, Florida 33027
Ratzan Weissman & Boldt RickFreedmanlaw@aol.com
2850 Tigertail Avenue, Suite 400 Attorneys for Plaintiff
Miami, Florida 33133
stua11@rwblawyers.com
stuartw@rwblawvers.com
mario@rwblawyers.com
Attorneys for Plaintiff
Sanaz Alempour, Esq. Carlos B. Salup, Esq
Courtney A. Kaiser, Esq. Salup Rodriguez, PLLC.
Cole, Scott & Kissane, 2665 South Bayshore Drive, Suite 301
PA Miami, Florida 33133
Lakeside Office Center, Suite CSalup@salupRodirguez.com
500 600 North Pine Island

Case Info

Judge

YOUNG, TOM Track Judge’s New Case

Case No.

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Document Filed Date

December 05, 2042

Case Filing Date

February 17, 2023

County

Parties

ATLAS VACATION HOMES, LLC Defendant
BOB'S POOL SERVICE INC. Defendant
BOB'S POOL SERVICE, INC. D/B/A BOB'S POOLS ET. AL. Defendant
BOB'S POOLS & SCREENS, INC. Defendant
HARDSCAPERS OF CENTRAL FLORIDA, LLC Defendant
LENNAR HOMES HOLDING, INC. Defendant
LENNAR HOMES, LLC. Defendant
LEN OT HOLDINGS, LLC Defendant
LW SYSTEMS, INC. Defendant
MTCI PRIVATE PROVIDER SVCS, LLC Defendant
RIVERA, JOANNIE Plaintiff
Gabriel Costa Attorneys for Plaintiffs
David Stecklow Attorney
Stuart Ratzan Attorneys for Plaintiffs
Stuart Weissman Attorneys for Plaintiffs
Kimberly Boldt Attorneys for Plaintiffs
Mario Giommoni Attorneys for Plaintiffs
Sanaz Alempour Attorneys for Defendants
Carlos Salup Attorneys for Plaintiffs
Courtney Kaiser Attorneys for Plaintiffs
Gregory Prusak Attorneys for Defendants
Joshua Roth Attorneys for Defendants
Jennifer Miller-Morse Attorneys for Defendants
Hitham Eldaher Attorneys for Defendants
Jan Trendowski Attorneys for Defendants
Jennifer Miller Attorneys for Plaintiffs
Christine Welstead Attorneys for Defendants
Fredrick Freedman Attorneys for Plaintiffs
Katherine Kmiec Attorneys for Defendants
Kelvin Soto Attorney
Kurt Spengler Attorneys for Defendants
Sean Cleary Attorneys for Defendants
Carolina Piñero Attorney
Jennifer Brooks Attorney
Carlos Borroto Attorney
Christine Lane Attorney
Donna Doyle Attorneys for Plaintiffs
Lauren Weber Attorney

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No Value: RIVERA, JOANNIE vs. LENNAR HOMES, LLC.

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Parties