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Filing # 133877888 E-Filed 09/01/2021 04:14:38 PM
IN THE CIRCUIT COURT OF THE 15™ JUDICAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 50-2020-CA-007534-XXXX-MB
TAYLOR BIBIAN as Personal Representative
of the Estate of JAMES VINCENT ROTI, JR.
Plaintiff,
v.
SHOMA AT ROYAL PALM CONDOMINIUM
ASSOCIATION INC., and SHARLE MUNRO, individually
Defendants.
/
SHARLENE MUNRO’S FIRST
REQUE: ‘OR PRODUCTION TO PLAINTIFFS
NOTICE IS HEREBY GIVEN that Defendant, SHARLENE MURNO (“Defendant”) by
and through undersigned counsel and pursuant to Rule 1.350, Florida Rules of Civil Procedure,
requests the Plaintiff, TAYLOR BIBIAN, as Personal Representative of the Estate of JAMES
VINCENT ROTI, JR, (hereinafter “Plaintiff’) to produce and permit the inspection and copying,
within thirty (30) days of service hereof, the following documents, writings, and other data.
DEFINITIONS
Please refer to these definitions and instructions in providing your responses. Unless
otherwise clearly indicated by the context thereof, the following definitions and instructions shall
apply to each of the requests set forth below:
1. Plaintiff or “You” means Taylor Bibian
2. "Decedent" means James Roti, Jr.
3. "Communication" means, without limitation, any oral, written, telephonic, radio,
video or electronic transmission of information, demands or questions, including but not
limited to conversations, meetings, discussions, telephone calls, telegrams, telecopy’s,
telexes, seminars, conferences, writings, letters, messages, notes, or memoranda.
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/01/2021 04:14:38 PM ***Defendant Munro First Request for Production to Plaintiff
Case No: 50-2020-CA-007534-XXXX-MB
4. "Document" or "Documents" means all “writings and recordings". The definition
is intended to include all documents, agreements, correspondence, records, ledgers,
contracts, bills, invoices, bills of lading, inventories, financial data, memoranda, notes, or
other writings, formal or informal in nature, accounting and financial records, diaries,
statements, telegrams, draft, work papers, paper and magnetic tapes, charts, computer cards
and print outs, electronically or magnetically stored information or data, minutes,
publications, calendars, telephone pads, bulletins, directives, logs and listings, in your
actual or constructive possession, custody or control, or of which you have knowledge of
the existence, and whether prepared, published or released by you or by any other person
or entity. Without limitation on the foregoing, the term "documents" shall include any
copy which differs in any respect from the original or other versions of the documents,
such as copies containing notations, insertions, corrections, marginal notes or any
variations.
5. "Identify" means, when used in reference to:
A. An individual, to state his/her (i) full name; (ii) present or last known home
and business address, including street name and number, city or town and zip code;
(iii) present or last known position, job title and job description;
B. A person other than an individual, to state its (i) full name and type of
organization or entity; (ii) address or principal place of business; and (iii)
jurisdiction and date of incorporation or organization, if known.
Cc. Documents, to state (i) the name and date of the document, the name and
address of the person(s) originating the document, the name and address, if any, of
the person(s) to whom the document is addressed, the names and addresses of all
persons to whom copies of the documents were to have been sent; and the
organization, firm or agency with which any such persons were connected as of the
date of the document; and (ii) whether Plaintiff is in possession of or has under his
control the original or a copy of the document, and, if not in possession of an
original or copy, the name and address of the custodian of each original copy, and
the name and address of each person who Plaintiff believes presently is in
possession of the original or copy of such document. In lieu of identifying
particular documents, when such identification is requested, the document may, at
Plaintiff's option, be attached to the response to this request to produce, bearing an
indication to which response or responses each document relates.
D. Conversations, to state the date and place and approximate time of day of
the conversation, the identity of all persons in attendance, the subject matter and
reasons for the conversation, the statements made by each person, including the
context in which they were made and the identity of any writings or recordation’s
which exist relating thereto.Defendant Munro First Request for Production to Plaintiff
Case No: 50-2020-CA-007534-XXXX-MB
E. A claim, the name of the claimant, the nature of the claim, the names of all
parties to any lawsuit, the court number, if any, the date of the claim, the date upon
which Defendant first became aware of the claim, the relief sought, and the present
status or final disposition of the claim.
F. Any other item or information, to provide a particular description of the
same.
6. "Notice" shall include formal and informal notification.
7. The plural shall include the singular and the singular shall include the plural.
INSTRUCTIONS
1. If in your possession, custody, or control, produce the originals of all documents
called for, as well as any and all copies of the documents which bear any mark or notation
not present on the original.
2. In producing documents called for, segregate the documents so as to identify the
numbered request to which each such document(s) responds.
3. If you once had any documents called for herein which have since been destroyed
or otherwise disposed, so indicate and describe the documents by date, author(s),
address(ees), and general subject matter.
4. If you once had any documents called for herein, but no longer do, so indicate and
describe the documents by date, author(s), address(es), and general subject matter, and
indicate the name and address of the person or entity who has possession, control or
custody, or who was last known to have possession, control or custody of the document.
5. This request is a continuing request for all documents that are now or may hereafter
come into Plaintiff's actual or constructive possession, custody or control and shall include
documents generated, created, prepared or received during the period of this request,
through the date of compliance with this request or trial, which ever is later, unless
otherwise stated.
6. For each such document that is responsive to this request and which is sought to be
withheld under a claim of privilege, the following information shall be provided:
A. The place, date (or approximate date) and the manner of record or otherwise
preparing documents;
B. The name and title of the sender and the name and title of the recipient of
the document;
Cc. A description of the subject of the document;Defendant Munro First Request for Production to Plaintiff
Case No: 50-2020-CA-007534-XXXX-MB
D. The identity of each person or persons (other than stenographic or clerical
assistance) participating in the preparation of the documents;
E. The identity of each person to whom the contents of the document have
heretofore been communicated by copy, exhibition, sketch, reading or substantial
summarization, the dates of such said communication, and the employer and title
of the person at the time of said communication;
F, A statement of the basis on which privilege is claimed; and
G. The identity and title of the person or persons supplying Plaintiff’s attorney
with the information requested in subsections (A) through (F) above.
7. All documents produced in response to this request shall be produced in total
notwithstanding the fact that portions may contain information not requested.
8. For any documents that are stored or maintained in files in the normal course of
business, such documents shall be produced in such files, or in such a manner so as to
preserve and identify the file from which such documents were taken.
DOCUMENTS REQUESTED
A record of calls from dates of November 1, 2019 through and including November 30,
2019, made to the cell phone utilized by James Roti Jr.
A record of from the dates of November 1, 2019 through and including November 30,
2019, made from the cell phone utilized by James Roti Jr.
A record of calls from the dates of November 1, 2019 through and including November 30,
2019, made to the cell phone utilized by James Roti III.
Arecord of calls from the dates of November 1, 2019 through and including November 30,
2019, made from the cell phone utilized by James Roti III.
All text messages sent and received by the cell phone utilized by James Roti Jr. from the
dates of November 1, 2019 through and including November 30, 2019.
All text messages sent and received by the cell phone utilized by James Roti [II from the
dates of November 1, 2019 through and including November 30, 2019.
All voice mail messages sent to the phone utilized by James Roti Jr from the dates of
November 1, 2019 through and including November 30, 2019.10.
12.
13.
Defendant Munro First Request for Production to Plaintiff
Case No: 50-2020-CA-007534-XXXX-MB
All voice mail messages sent to the phone utilized by James Roti III from the dates of
November 1, 2019 through and including November 30, 2019.
A record of all missed calls to the phone utilized by James Roti Jr. from the dates of
November 1, 2019 through and including November 30, 2019.
A record of all missed calls to the phone utilized by James Roti III from the dates of
November 1, 2019 through and including November 30, 2019.
All communications (i.e. texts, emails, letters, correspondence), including any attachments
thereto between you and Marlon Osbourne.
All communications (i.e. texts, emails, letters, correspondence), including any attachments
thereto, between you and Julio Languasco.
All medical records related to any examination or treatment of James Roti Jr since January
2018.
All medical records related to any examination or treatment of James Roti ITI.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this Ist day September, 2021, a true and correct copy of
the above and foregoing Request for Production was filed with the Clerk of the above styled
Court using eFiling Portal. We also certify that the foregoing document was served this day on
all counsel of record identified on the attached Service List via electronic mail.Defendant Munro First Request for Production to Plaintiff
Case No: 50-2020-CA-007534-XXXX-MB
Dated: September 1, 2021
TYSON & MENDES LLP
By: _/s//HALDON GREENBURG
Damian M. Fletcher
Haldon L. Greenburg
Attorneys for Defendants
101 NE 3" Avenue
Suite 1500
Ft. Lauderdale, FL 33301
T: 954-332-3823
DFletcher@tysonmendes.com
HGreenbur@tysonmendes.com
SERVICE LIST
Jonathan T. Levy, Esq.
ROSENTHAL, LEVY, SIMON & SOSA
1401 Forum Way, Sixth Floor
West Palm Beach, FL 33401-2289
(561)478-2500
Email: jlevy@rosenthallevy.com
Attorneys for Plaintiff
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Filing # 133877888 E-Filed 09/01/2021 04:14:38 PM IN THE CIRCUIT COURT OF THE 15™ JUDICAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 50-2020-CA-007534-XXXX-MB TAYLOR BIBIAN as Personal Representative of the Estate of JAMES VINCENT ROTI, JR. Plaintiff, v. SHOMA AT ROYAL PALM CONDOMINIUM ASSOCIATION INC., and SHARLE MUNRO, individually Defendants. / SHARLENE MUNRO’S FIRST REQUE: ‘OR PRODUCTION TO PLAINTIFFS NOTICE IS HEREBY GIVEN that Defendant, SHARLENE MURNO (“Defendant”) by and through undersigned counsel and pursuant to Rule 1.350, Florida Rules of Civil Procedure, requests the Plaintiff, TAYLOR BIBIAN, as Personal Representative of the Estate of JAMES VINCENT ROTI, JR, (hereinafter “Plaintiff’) to produce and permit the inspection and copying, within thirty (30) days of service hereof, the following documents, writings, and other data. DEFINITIONS Please refer to these definitions and instructions in providing your responses. Unless otherwise clearly indicated by the context thereof, the following definitions and instructions shall apply to each of the requests set forth below: 1. Plaintiff or “You” means Taylor Bibian 2. "Decedent" means James Roti, Jr. 3. "Communication" means, without limitation, any oral, written, telephonic, radio, video or electronic transmission of information, demands or questions, including but not limited to conversations, meetings, discussions, telephone calls, telegrams, telecopy’s, telexes, seminars, conferences, writings, letters, messages, notes, or memoranda. *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/01/2021 04:14:38 PM ***Defendant Munro First Request for Production to Plaintiff Case No: 50-2020-CA-007534-XXXX-MB 4. "Document" or "Documents" means all “writings and recordings". The definition is intended to include all documents, agreements, correspondence, records, ledgers, contracts, bills, invoices, bills of lading, inventories, financial data, memoranda, notes, or other writings, formal or informal in nature, accounting and financial records, diaries, statements, telegrams, draft, work papers, paper and magnetic tapes, charts, computer cards and print outs, electronically or magnetically stored information or data, minutes, publications, calendars, telephone pads, bulletins, directives, logs and listings, in your actual or constructive possession, custody or control, or of which you have knowledge of the existence, and whether prepared, published or released by you or by any other person or entity. Without limitation on the foregoing, the term "documents" shall include any copy which differs in any respect from the original or other versions of the documents, such as copies containing notations, insertions, corrections, marginal notes or any variations. 5. "Identify" means, when used in reference to: A. An individual, to state his/her (i) full name; (ii) present or last known home and business address, including street name and number, city or town and zip code; (iii) present or last known position, job title and job description; B. A person other than an individual, to state its (i) full name and type of organization or entity; (ii) address or principal place of business; and (iii) jurisdiction and date of incorporation or organization, if known. Cc. Documents, to state (i) the name and date of the document, the name and address of the person(s) originating the document, the name and address, if any, of the person(s) to whom the document is addressed, the names and addresses of all persons to whom copies of the documents were to have been sent; and the organization, firm or agency with which any such persons were connected as of the date of the document; and (ii) whether Plaintiff is in possession of or has under his control the original or a copy of the document, and, if not in possession of an original or copy, the name and address of the custodian of each original copy, and the name and address of each person who Plaintiff believes presently is in possession of the original or copy of such document. In lieu of identifying particular documents, when such identification is requested, the document may, at Plaintiff's option, be attached to the response to this request to produce, bearing an indication to which response or responses each document relates. D. Conversations, to state the date and place and approximate time of day of the conversation, the identity of all persons in attendance, the subject matter and reasons for the conversation, the statements made by each person, including the context in which they were made and the identity of any writings or recordation’s which exist relating thereto.Defendant Munro First Request for Production to Plaintiff Case No: 50-2020-CA-007534-XXXX-MB E. A claim, the name of the claimant, the nature of the claim, the names of all parties to any lawsuit, the court number, if any, the date of the claim, the date upon which Defendant first became aware of the claim, the relief sought, and the present status or final disposition of the claim. F. Any other item or information, to provide a particular description of the same. 6. "Notice" shall include formal and informal notification. 7. The plural shall include the singular and the singular shall include the plural. INSTRUCTIONS 1. If in your possession, custody, or control, produce the originals of all documents called for, as well as any and all copies of the documents which bear any mark or notation not present on the original. 2. In producing documents called for, segregate the documents so as to identify the numbered request to which each such document(s) responds. 3. If you once had any documents called for herein which have since been destroyed or otherwise disposed, so indicate and describe the documents by date, author(s), address(ees), and general subject matter. 4. If you once had any documents called for herein, but no longer do, so indicate and describe the documents by date, author(s), address(es), and general subject matter, and indicate the name and address of the person or entity who has possession, control or custody, or who was last known to have possession, control or custody of the document. 5. This request is a continuing request for all documents that are now or may hereafter come into Plaintiff's actual or constructive possession, custody or control and shall include documents generated, created, prepared or received during the period of this request, through the date of compliance with this request or trial, which ever is later, unless otherwise stated. 6. For each such document that is responsive to this request and which is sought to be withheld under a claim of privilege, the following information shall be provided: A. The place, date (or approximate date) and the manner of record or otherwise preparing documents; B. The name and title of the sender and the name and title of the recipient of the document; Cc. A description of the subject of the document;Defendant Munro First Request for Production to Plaintiff Case No: 50-2020-CA-007534-XXXX-MB D. The identity of each person or persons (other than stenographic or clerical assistance) participating in the preparation of the documents; E. The identity of each person to whom the contents of the document have heretofore been communicated by copy, exhibition, sketch, reading or substantial summarization, the dates of such said communication, and the employer and title of the person at the time of said communication; F, A statement of the basis on which privilege is claimed; and G. The identity and title of the person or persons supplying Plaintiff’s attorney with the information requested in subsections (A) through (F) above. 7. All documents produced in response to this request shall be produced in total notwithstanding the fact that portions may contain information not requested. 8. For any documents that are stored or maintained in files in the normal course of business, such documents shall be produced in such files, or in such a manner so as to preserve and identify the file from which such documents were taken. DOCUMENTS REQUESTED A record of calls from dates of November 1, 2019 through and including November 30, 2019, made to the cell phone utilized by James Roti Jr. A record of from the dates of November 1, 2019 through and including November 30, 2019, made from the cell phone utilized by James Roti Jr. A record of calls from the dates of November 1, 2019 through and including November 30, 2019, made to the cell phone utilized by James Roti III. Arecord of calls from the dates of November 1, 2019 through and including November 30, 2019, made from the cell phone utilized by James Roti III. All text messages sent and received by the cell phone utilized by James Roti Jr. from the dates of November 1, 2019 through and including November 30, 2019. All text messages sent and received by the cell phone utilized by James Roti [II from the dates of November 1, 2019 through and including November 30, 2019. All voice mail messages sent to the phone utilized by James Roti Jr from the dates of November 1, 2019 through and including November 30, 2019.10. 12. 13. Defendant Munro First Request for Production to Plaintiff Case No: 50-2020-CA-007534-XXXX-MB All voice mail messages sent to the phone utilized by James Roti III from the dates of November 1, 2019 through and including November 30, 2019. A record of all missed calls to the phone utilized by James Roti Jr. from the dates of November 1, 2019 through and including November 30, 2019. A record of all missed calls to the phone utilized by James Roti III from the dates of November 1, 2019 through and including November 30, 2019. All communications (i.e. texts, emails, letters, correspondence), including any attachments thereto between you and Marlon Osbourne. All communications (i.e. texts, emails, letters, correspondence), including any attachments thereto, between you and Julio Languasco. All medical records related to any examination or treatment of James Roti Jr since January 2018. All medical records related to any examination or treatment of James Roti ITI. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this Ist day September, 2021, a true and correct copy of the above and foregoing Request for Production was filed with the Clerk of the above styled Court using eFiling Portal. We also certify that the foregoing document was served this day on all counsel of record identified on the attached Service List via electronic mail.Defendant Munro First Request for Production to Plaintiff Case No: 50-2020-CA-007534-XXXX-MB Dated: September 1, 2021 TYSON & MENDES LLP By: _/s//HALDON GREENBURG Damian M. Fletcher Haldon L. Greenburg Attorneys for Defendants 101 NE 3" Avenue Suite 1500 Ft. Lauderdale, FL 33301 T: 954-332-3823 DFletcher@tysonmendes.com HGreenbur@tysonmendes.com SERVICE LIST Jonathan T. Levy, Esq. ROSENTHAL, LEVY, SIMON & SOSA 1401 Forum Way, Sixth Floor West Palm Beach, FL 33401-2289 (561)478-2500 Email: jlevy@rosenthallevy.com Attorneys for Plaintiff