Preview
Filing # 138006206 E-Filed 11/05/2021 02:36:53 PM
IN THE CIRCUIT COURT OF
THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
HVC & NC LIMITED PARTNERSHIP, CASE NO. 50 2021 CA 007567 XXXXMB
Plaintiff,
v.
VINTAGE & SPECIALTY WOOD LLC f/k/a
WOOD SALES BY HARRY, INC. AND
HARRY RAYMOND,
Defendant.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT VINTAGE &
SPECIALTY WOOD LLC f/k/a WOOD SALES BY HARRY, INC
Plaintiff, HVC & NV Limited Partnership, by and through undersigned counsel, and pursuant to
Rule 1.350 of the Florida Rules of Civil Procedure, request Defendant, Vintage & Specialty Wood LLC
f/k/a Wood Sales By Harry, Inc., produce for inspection and copying the following documents at the
offices of the undersigned or, in the alternative, that the Defendant mail copies of the same to the
undersigned within thirty (30) days after service hereof.
DEFINITIONS AND INSTRUCTIONS
For purposes of this Request, the following terms shall have the meanings set forth below:
1. “Plaintiff” shall mean HVC & NV Limited Partnership, the Plaintiff in this action,
including their agents, employees or other servants (including independent contractors and
subcontractors), attorneys, outside advisors or consultants, investigators, representatives of any kind and
any other person acting on their behalf or for their benefit, either directly or indirectly.
2. “Defendant” shall mean Vintage & Specialty Wood LLC f/k/a Wood Sales By Harry,
Inc., the Defendant in this action, including all of its past and present affiliates, subsidiaries, parent
companies, and all their respective officers, directors, shareholders, partners, employees, agents,
10991756-1
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/05/2021 02:36:53 PM ***representatives, attorneys, and any other person acting or purporting to act on any of its behalf, either
directly or indirectly.
3. The term “Premises” shall mean the property owned by Plaintiff and located at 4301 Oak
Circle, Unit #17, Boca Raton, FL 33431.
4. The term “Occurrence” shall mean the fire that occurred at the Premises on October 12,
2018.
5. “You” and “Your” each refer to Defendant Vintage & Specialty Wood LLC f/k/a Wood
Sales By Harry, Inc., the Defendant in this action, including its agents, employees, managers, directors,
or other servants (including independent contractors and subcontractors), attorneys, outside advisors or
consultants, investigators, representatives of any kind and any other person acting on its behalf or for its
benefit, either directly or indirectly.
6. The term “Communications” shall mean any oral or written statement, dialogue,
colloquy, discussion or conversation and, also, means any transfer of thoughts or ideas between persons
by means of Documents and includes a transfer of data from one location to another by electronic or
similar means.
7. The term “Documents” shall mean the original or copies of any tangible written, typed,
printed or other form of recorded or graphic matter of every kind or description, however produced or
reproduced, whether mechanically or electronically recorded, draft, final original, reproduction, signed
or unsigned, regardless of whether approved, signed, sent, received, redrafted, or executed, and whether
handwritten, typed, printed, photostated, duplicated, carbon or otherwise copied or produced in any other
manner whatsoever. Without limiting the generality of the foregoing, “Documents” shall include
correspondence, letters, telegrams, telexes, mailgrams, memoranda, including inter-office and intra-
office memoranda, memoranda for files, memoranda of telephone or other conversations, including
meetings, invoices, reports, receipts and statements of account, ledgers, notes or notations, notes or
10991756-1memorandum attached to or to be read with any Document, booklets, books, drawings, graphs, charts,
photographs, phone records, electronic tapes, discs or other recordings, computer programs, printouts,
data cards, studies, analysis and other data compilations from which information can be obtained. Copies
of Documents, which are not identical duplications of the originals or which contain additions to or
deletions from the originals or copies of the originals if the originals are not available, shall be considered
to be separate Documents.
“Documents” shall also include all electronically stored information (hereinafter “ESI”’)
including but not limited to computer generated information or data of any kind, stored in or on any
storage media located on computers, file servers, disks, tape or other real or virtualized devices or media,
including Digital Communications (e.g., e-mail, voice mail, instant messaging, chats, tweets, blog posts,
social media posts, comments, etc.), E-Mail Server Stores (e.g., Lotus Domino .NSF or Microsoft
Exchange .EDB), Word Processed Documents (e.g., Word or WordPerfect files and drafts), Spreadsheets
and tables (e.g., Excel or Lotus 123 worksheets), Accounting Application Data (e.g., QuickBooks,
Money, Peachtree data), Image and Facsimile Files (e.g., .PDF, .TIFF, JPG, .GIF images), Sound
Recordings (e.g.,.WAV and .MP3 files), Video and Animation (e.g., .AVI and .MOV files), Databases
(e.g., Access, Oracle, SQL Server data, SAP, other), Contact and Relationship Management Data (e.g.,
Outlook, ACT!), Calendar and Diary Application Data (e.g., Outlook PST, blog entries), Online Access
Data (e.g., Temporary Internet Files, History, Cookies), Presentations (e.g., PowerPoint, Corel
Presentations), Network Access and Server Activity Logs, Project Management Application Data,
Computer Aided Design/Drawing Files; and Backup and Archival Files (e.g., Veritas, Zip, .GHO). Your
search for ESI shall include all of computer hard drives, floppy discs, compact discs, backup and archival
tapes, removable media such as zip drives, password protected and encrypted files, databases, electronic
calendars, personal digital assistants, mobile devices, smart phones, tablets, proprietary software and
inactive or unused computer disc storage areas.
10991756-18. The meaning of “Documents” shall be construed as broadly as permitted by the Florida
Rules of Civil Procedure, but is not intended and shall not be interpreted to expand upon or enlarge the
responding party’s obligations beyond that required by the Florida Rules of Civil Procedure.
9. Production of ESI or any electronically stored data shall be in native format unless
otherwise agreed, consistent with Schedule “A” below. In producing Documents consisting of
electronically stored data in machine-readable form in response to any Interrogatory, provide such data
in a form that does not require specialized or proprietary hardware or software.
10. All Documents produced pursuant hereto are to be produced as they are kept in the usual
course of business and shall be organized and labeled (without permanently marking the item produced)
so as to correspond with the categories of each numbered Interrogatory hereof.
11. The term “Payments” shall be construed broadly to mean payment services, direct
payments, online payments, indirect payments, wire transfers, ACH processing, direct withdrawal from
a bank account(s), credit card payments, checks (front and back), or other methods of funds transfers,
whether into or out of accounts held, maintained, managed, created and/or controlled by You, or any
entity controlled by You. When requests for Payments are made, please provide Documents sufficient
to identify the account information for the account debited and the receiving account, including but not
limited to: the name of bank receiving the wire transfer, name of bank making the wire transfer, the
receiving bank account number, the account number debited, the date of each wire transfer, the name of
the transferee, the name of the transferor, and the amount of each transfer.
12. The terms “related to,” “relating to,” “referring to” or “reference(s)” mean containing,
constituting, showing, mentioning, reflecting, evidencing, discussing, or pertaining in any way, directly
or indirectly, to the subject matter identified in the request, and includes any Documents supporting,
denying, underlying or used in the preparation of any document called for by each request.
10991756-113. The term “concerning” means relating to, referring to, describing, evidencing and/or
constituting.
14. The conjunctions “and” and “or” shall be interpreted in each instance as meaning “and/or”
so as to encompass the broader of the two possible constructions, and shall not be interpreted
disjunctively so as to exclude any information or Documents otherwise within the scope of any request.
15. Any reference herein to any public or private company, partnership, association, or other
entity includes such entity’s subsidiaries and affiliates, as well as the present and former directors,
officers, employees, attorneys, agents and anyone acting on behalf of, at the direction of, or under the
control of the entity, its subsidiaries or its affiliates.
16. Any pronouns used herein shall include and be read and applied as to encompass the
alternative forms of the pronoun, whether masculine, feminine, neuter, singular or plural, and shall not
be interpreted so as to exclude any information or Documents otherwise within the scope of the request.
17. When appropriate, the singular form of a word should be interpreted in the plural as may
be necessary to bring within the scope hereof any Documents which might otherwise be construed to be
outside the scope hereof.
18. Terms used in these Requests should be accorded a reasonable interpretation giving due
regard to the context. A reasonable interpretation is one that would be applied by a reasonable attorney
or a judge attempting to understand the term.
19. All Documents produced pursuant hereto are to be produced as they are kept in the usual
course of business and shall be organized and labeled (without permanently marking the item produced)
so as to correspond with the categories of each numbered Request hereof.
20. | You must produce all Documents within Your possession, custody or control that are
responsive to any of these Requests. A Document is deemed within Your possession, custody or control
10991756-1if You have the right or ability to secure the Document or a copy thereof from any other person having
physical possession thereof.
21. If Youat any time had possession, custody or control of a Document called for under this
tequest and if such Document has been lost, destroyed, purged, or is not presently in Your possession,
custody or control, You shall describe the Document, the date of its loss, destruction, purge, or separation
from possession, custody or control and the circumstances surrounding its loss, destruction, purge, or
separation from possession, custody or control.
22. If You are incapable of answering a Request because a Document that is necessary to
respond to that Request has been lost, destroyed, purged, or is not presently in Your possession, custody,
or control, You shall describe the Document, the date of its loss, destruction, purge, or separation from
possession, custody or control, if known, and the circumstances surrounding its loss, destruction, purge,
or separation from possession, custody or control, if known, and the reason why You cannot respond to
the Request without such Document.
23. If any Document requested below is withheld based on a claim that it is privileged or
otherwise protected from disclosure, You are requested to furnish a list specifying each Document for
which the privilege is claimed, together with the following information, where appropriate, with respect
to each such document:
a. the date appearing on the Document, or if no date appears, the date on which the document
was prepared;
b. the name of the person(s) by whom the document was prepared and, if the document is
signed, the name of each person(s) who signed the document;
c. the name of each person to whom the document is addressed;
d. the name of each person, other than the addressee(s) identified in (c) above, to whom the
document, or a copy thereof, was sent or with whom the document was discussed;
10991756-1e. the name of the person or persons who currently have custody of the document;
f. the specified ground(s) on which the claim of privilege rests;
g. the paragraph or subparagraph of this request to which each document responds; and
h. the general nature of the document, the number of pages of which it consists, and a
sufficient description of the subject matter of the document (without disclosing its contents) to allow its
description to the court for a ruling on the claim of privilege.
24. — If any objection is made to any Document Request, the objection shall state with
specificity all grounds.
25. As to any request that is claimed to be overbroad or to seek irrelevant Documents, please
indicate whether any responsive Documents or subcategory of responsive Documents are conceded to
be discoverable and identify the Documents or subcategory of Documents that will be produced.
26. As to any request that is claimed to be unduly burdensome, expensive or oppressive or to
which a similar objection is asserted, please provide the following information:
a. the approximate number and/or volume of responsive Documents;
b. the location and manner in which the Documents are maintained;
c. any particular or unusual burden or effort required to produce the responsive Documents;
d. the estimated cost of producing responsive Documents; and
e. any other facts on which You rely in support of Your claim that production of responsive
Documents is unduly burdensome, costly or difficult.
10991756-1SCHEDULE “A”
Production of Electronically Stored Information (ESI)
FORM OF PRODUCTION
Plaintiffs requests that all ESI (electronically stored information) be produced as follows:
ESI will be produced (printed and loaded) in 300DPI resolution or greater, Group IV Monochrome
Tagged Image File Format (.TIF) files in single-page format, with ALL native files provided and word
searchable OCR/extracted text (Optical Character Recognized — i.e. searchable text) in UTF-8 format.
Color photographs should be produced as color JPEG images. Email natives will be delivered in MSG
or EML format. Load files will be provided in Opticon (OPT) format and an IPRO LFP (.lfp) format.
Metadata will be provided in a DAT file with standard Concordance delimiters. The text files containing
the OCR/Extracted Text shall be produced in multi-page format with the name corresponding to its
associated document. All small and oversized images should be resized to fit on 8.5x11 canvas.
The files should be delivered with the following folder structure:
IMAGES - contains the TIF and JPG files, up to 10,000 items.
DATA -— contains the OPT and LFP files and the metadata text file (DAT)
NATIVES -— contains all the original native files named as the BEGDOC
TEXT — contains the document-level OCR/Extracted text files named as the BEGDOC
Eclipse Metadata Field Field Description
BegDoc BegDoc
EndDoc EndDoc
BegAttach BegAttach
EndAttach EndAttach
Application Application/Application Name
AttachmentIDs Bates numbers of attachment(s)
Attachments Names of attachment files
AttachRange Attachment Range
10991756-1Authors Document author
BCC BCC (Name + email)
cc CC (Name + email)
Companies Company name
Custodian Custodian (Last, First)
DateCreated Date created (MM/DD/YYYY)
DateReceived Date email received (MM/DD/YYYY)
DateSaved Date last saved (MM/DD/YYYY)
DateSent Date email sent (MM/DD/YYYY)
Doctitle Title
FileType Document Type Description
FileExtension File extension
Doclink Link to native files produced
ExtractedText Link to text files produced
Filename Original filename
FileSize File size in bytes
Folder Relative Path (Inbox, Sent, etc.)
From Sender (Name + email)
Hash_Code MDS hash
Header Email header
InternetMSGID IntMsgID
MessageID MsgID
NumAttachments Attachment count
NumPages Page count
ParentID Parent bates number
Password Protect Y/N field
Read Y/N
SHAI SHA hash
Sources CD, DVD, hard drive; brief desc. of data
StoreID Name of PST/NSF file (if relevant)
Subject Email/Document subject
TimeReceived Time email received (12-hour HH:MM)
TimeSent Time email sent (12-hour HH:MM)
To To (Name + email)
For .xls (Excel), .ppt (PowerPoint), and .doc (Word) files the following additional metadata
fields should be included:
10991756-1Excel_Comments
Comments
Excel_HiddenColumns
Hidden Columns
Excel_HiddenRows Hidden Rows
Excel_HiddenWorksheets Hidden Worksheets
Num_Lines Number of lines
Num_Paragraphs Number of paragraphs
Num_ slides
Number of slides
Num_Notes
Number of notes
Num_HiddenSlides
Number of hidden slides
Num_Multimedia
Number of multimedia clips
Security
Security
10991756-1
[Remainder of page is intentionally left blank]DOCUMENTS AND THINGS TO BE PRODUCED
1. A copy of the Lease Agreement between You and Plaintiff.
2. A copy of any insurance policies You obtained to insure the Premises.
3. Any and all statements, whether written, taped, stenographically recorded or videotaped
from any person or potential witness regarding any of the facts of this lawsuit.
4. Ifyou claim that a third party may be liable in whole or in part for the damages of Plaintiff,
provide any and all communications and documents supporting this contention.
5. Any and all communications between the You and Plaintiff relating to the damage that
occurred to the Premises as a result of the Occurrence.
6. Any and all communications and documents regarding any insurance claims submitted
by You or any person or entity in connection with the facts of this lawsuit, including damages to the
Premises.
7. Any and all communications and documents, including but not limited to checks, receipts,
and correspondences, reflecting payment issued by You for damages to the Premises as a result of the
Occurrence.
8. Any and all work orders, reports, invoices, or other documents related to Your
maintenance of the Premises.
9. Any and all photographs of the Premises taken by You prior to the Occurrence.
10. Any and all photographs of the Premises taken by You following the Occurrence.
11. All safety procedures, manuals, plans, or other documents related to Your maintenance
of the Premises.
12. All communications, reports, logs, notes, photographs, or other documents related to the
conditions of the Premises prior to the Occurrence.
13. All communications, reports, logs, notes, photographs, or other documents related to the
10991756-1conditions of the Premises following the Occurrence.
14. — All communications, notes, or other documents exchanged between You and any of Your
agents or employees relating to the Occurrence.
15. All communications or other documents between You and any other tenants, property
manager(s), property management company, related to damages to any other units as a result of the
Occurrence.
16. All communications or other documents related to any insurance claims You filed relating
to the damages that occurred as a result of the Occurrence.
17. All documents evidencing, referring or relating to Communications between You and
Plaintiff relating to the facts of this lawsuit.
18. All documents, correspondences, bills, invoices, receipts, papers, etc., that evidence Your
purchase or ownership of any item of personal property that was damaged or destroyed as a result of the
Occurrence.
19. All documents, correspondences, bills, invoices, receipts, papers, etc., that evidence
Plaintiff's purchase or ownership of electrical equipment, including battery chargers and extension
cords, that You kept at the Premises.
20. All instructions manuals relating to battery chargers present at the Premises on the date
of the Occurrence.
21. All Documents identified in Your answers to Plaintiff's First Set of Interrogatories served
contemporaneously herewith.
Respectfully submitted,
BERGER SINGERMAN LLP
Attorneys for Plaintiffs
One Town Center Road, Suite 301
Boca Raton, FL 33486
Telephone: (561) 241-9500
10991756-1Facsimile: (561) 998-0028
By: __/s/ Christopher B. Choquette
Michael J. Higer
Florida Bar No. 500798
mhiger@bergersingerman.com
Gina Clausen Lozier
Florida Bar No. 38985
Christopher B. Choquette
Florida Bar No. 68475
cchoquette@bergersingerman.com
DRT@bergersingerman.com
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that on this 5" day of November, 2021, | electronically filed the foregoing
with the Florida Courts E-Filing Portal, which will serve it via electronic mail to:
Mark R. Antonelli
Florida Bar No: 356948
Gaebe, Mullen, Antonelli & Dimatteo
420 South Dixie Highway, Third Floor
Coral Gables, Florida 33146
mantonelli@gaebemullen.com
cgreer@gaebemullen.com
ymarrero@gaebemullen.com
Ibeges@gaebemullen.com
Attorneys for Defendants, Vintage & Specialty Wood Lic F/K/A Wood Sales
By Harry, Inc., & Harry Raymond
By:_/s/ Christopher B. Choquette
Christopher B. Choquette
10991756-1
Preview
Filing # 138006206 E-Filed 11/05/2021 02:36:53 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA HVC & NC LIMITED PARTNERSHIP, CASE NO. 50 2021 CA 007567 XXXXMB Plaintiff, v. VINTAGE & SPECIALTY WOOD LLC f/k/a WOOD SALES BY HARRY, INC. AND HARRY RAYMOND, Defendant. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT VINTAGE & SPECIALTY WOOD LLC f/k/a WOOD SALES BY HARRY, INC Plaintiff, HVC & NV Limited Partnership, by and through undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, request Defendant, Vintage & Specialty Wood LLC f/k/a Wood Sales By Harry, Inc., produce for inspection and copying the following documents at the offices of the undersigned or, in the alternative, that the Defendant mail copies of the same to the undersigned within thirty (30) days after service hereof. DEFINITIONS AND INSTRUCTIONS For purposes of this Request, the following terms shall have the meanings set forth below: 1. “Plaintiff” shall mean HVC & NV Limited Partnership, the Plaintiff in this action, including their agents, employees or other servants (including independent contractors and subcontractors), attorneys, outside advisors or consultants, investigators, representatives of any kind and any other person acting on their behalf or for their benefit, either directly or indirectly. 2. “Defendant” shall mean Vintage & Specialty Wood LLC f/k/a Wood Sales By Harry, Inc., the Defendant in this action, including all of its past and present affiliates, subsidiaries, parent companies, and all their respective officers, directors, shareholders, partners, employees, agents, 10991756-1 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/05/2021 02:36:53 PM ***representatives, attorneys, and any other person acting or purporting to act on any of its behalf, either directly or indirectly. 3. The term “Premises” shall mean the property owned by Plaintiff and located at 4301 Oak Circle, Unit #17, Boca Raton, FL 33431. 4. The term “Occurrence” shall mean the fire that occurred at the Premises on October 12, 2018. 5. “You” and “Your” each refer to Defendant Vintage & Specialty Wood LLC f/k/a Wood Sales By Harry, Inc., the Defendant in this action, including its agents, employees, managers, directors, or other servants (including independent contractors and subcontractors), attorneys, outside advisors or consultants, investigators, representatives of any kind and any other person acting on its behalf or for its benefit, either directly or indirectly. 6. The term “Communications” shall mean any oral or written statement, dialogue, colloquy, discussion or conversation and, also, means any transfer of thoughts or ideas between persons by means of Documents and includes a transfer of data from one location to another by electronic or similar means. 7. The term “Documents” shall mean the original or copies of any tangible written, typed, printed or other form of recorded or graphic matter of every kind or description, however produced or reproduced, whether mechanically or electronically recorded, draft, final original, reproduction, signed or unsigned, regardless of whether approved, signed, sent, received, redrafted, or executed, and whether handwritten, typed, printed, photostated, duplicated, carbon or otherwise copied or produced in any other manner whatsoever. Without limiting the generality of the foregoing, “Documents” shall include correspondence, letters, telegrams, telexes, mailgrams, memoranda, including inter-office and intra- office memoranda, memoranda for files, memoranda of telephone or other conversations, including meetings, invoices, reports, receipts and statements of account, ledgers, notes or notations, notes or 10991756-1memorandum attached to or to be read with any Document, booklets, books, drawings, graphs, charts, photographs, phone records, electronic tapes, discs or other recordings, computer programs, printouts, data cards, studies, analysis and other data compilations from which information can be obtained. Copies of Documents, which are not identical duplications of the originals or which contain additions to or deletions from the originals or copies of the originals if the originals are not available, shall be considered to be separate Documents. “Documents” shall also include all electronically stored information (hereinafter “ESI”’) including but not limited to computer generated information or data of any kind, stored in or on any storage media located on computers, file servers, disks, tape or other real or virtualized devices or media, including Digital Communications (e.g., e-mail, voice mail, instant messaging, chats, tweets, blog posts, social media posts, comments, etc.), E-Mail Server Stores (e.g., Lotus Domino .NSF or Microsoft Exchange .EDB), Word Processed Documents (e.g., Word or WordPerfect files and drafts), Spreadsheets and tables (e.g., Excel or Lotus 123 worksheets), Accounting Application Data (e.g., QuickBooks, Money, Peachtree data), Image and Facsimile Files (e.g., .PDF, .TIFF, JPG, .GIF images), Sound Recordings (e.g.,.WAV and .MP3 files), Video and Animation (e.g., .AVI and .MOV files), Databases (e.g., Access, Oracle, SQL Server data, SAP, other), Contact and Relationship Management Data (e.g., Outlook, ACT!), Calendar and Diary Application Data (e.g., Outlook PST, blog entries), Online Access Data (e.g., Temporary Internet Files, History, Cookies), Presentations (e.g., PowerPoint, Corel Presentations), Network Access and Server Activity Logs, Project Management Application Data, Computer Aided Design/Drawing Files; and Backup and Archival Files (e.g., Veritas, Zip, .GHO). Your search for ESI shall include all of computer hard drives, floppy discs, compact discs, backup and archival tapes, removable media such as zip drives, password protected and encrypted files, databases, electronic calendars, personal digital assistants, mobile devices, smart phones, tablets, proprietary software and inactive or unused computer disc storage areas. 10991756-18. The meaning of “Documents” shall be construed as broadly as permitted by the Florida Rules of Civil Procedure, but is not intended and shall not be interpreted to expand upon or enlarge the responding party’s obligations beyond that required by the Florida Rules of Civil Procedure. 9. Production of ESI or any electronically stored data shall be in native format unless otherwise agreed, consistent with Schedule “A” below. In producing Documents consisting of electronically stored data in machine-readable form in response to any Interrogatory, provide such data in a form that does not require specialized or proprietary hardware or software. 10. All Documents produced pursuant hereto are to be produced as they are kept in the usual course of business and shall be organized and labeled (without permanently marking the item produced) so as to correspond with the categories of each numbered Interrogatory hereof. 11. The term “Payments” shall be construed broadly to mean payment services, direct payments, online payments, indirect payments, wire transfers, ACH processing, direct withdrawal from a bank account(s), credit card payments, checks (front and back), or other methods of funds transfers, whether into or out of accounts held, maintained, managed, created and/or controlled by You, or any entity controlled by You. When requests for Payments are made, please provide Documents sufficient to identify the account information for the account debited and the receiving account, including but not limited to: the name of bank receiving the wire transfer, name of bank making the wire transfer, the receiving bank account number, the account number debited, the date of each wire transfer, the name of the transferee, the name of the transferor, and the amount of each transfer. 12. The terms “related to,” “relating to,” “referring to” or “reference(s)” mean containing, constituting, showing, mentioning, reflecting, evidencing, discussing, or pertaining in any way, directly or indirectly, to the subject matter identified in the request, and includes any Documents supporting, denying, underlying or used in the preparation of any document called for by each request. 10991756-113. The term “concerning” means relating to, referring to, describing, evidencing and/or constituting. 14. The conjunctions “and” and “or” shall be interpreted in each instance as meaning “and/or” so as to encompass the broader of the two possible constructions, and shall not be interpreted disjunctively so as to exclude any information or Documents otherwise within the scope of any request. 15. Any reference herein to any public or private company, partnership, association, or other entity includes such entity’s subsidiaries and affiliates, as well as the present and former directors, officers, employees, attorneys, agents and anyone acting on behalf of, at the direction of, or under the control of the entity, its subsidiaries or its affiliates. 16. Any pronouns used herein shall include and be read and applied as to encompass the alternative forms of the pronoun, whether masculine, feminine, neuter, singular or plural, and shall not be interpreted so as to exclude any information or Documents otherwise within the scope of the request. 17. When appropriate, the singular form of a word should be interpreted in the plural as may be necessary to bring within the scope hereof any Documents which might otherwise be construed to be outside the scope hereof. 18. Terms used in these Requests should be accorded a reasonable interpretation giving due regard to the context. A reasonable interpretation is one that would be applied by a reasonable attorney or a judge attempting to understand the term. 19. All Documents produced pursuant hereto are to be produced as they are kept in the usual course of business and shall be organized and labeled (without permanently marking the item produced) so as to correspond with the categories of each numbered Request hereof. 20. | You must produce all Documents within Your possession, custody or control that are responsive to any of these Requests. A Document is deemed within Your possession, custody or control 10991756-1if You have the right or ability to secure the Document or a copy thereof from any other person having physical possession thereof. 21. If Youat any time had possession, custody or control of a Document called for under this tequest and if such Document has been lost, destroyed, purged, or is not presently in Your possession, custody or control, You shall describe the Document, the date of its loss, destruction, purge, or separation from possession, custody or control and the circumstances surrounding its loss, destruction, purge, or separation from possession, custody or control. 22. If You are incapable of answering a Request because a Document that is necessary to respond to that Request has been lost, destroyed, purged, or is not presently in Your possession, custody, or control, You shall describe the Document, the date of its loss, destruction, purge, or separation from possession, custody or control, if known, and the circumstances surrounding its loss, destruction, purge, or separation from possession, custody or control, if known, and the reason why You cannot respond to the Request without such Document. 23. If any Document requested below is withheld based on a claim that it is privileged or otherwise protected from disclosure, You are requested to furnish a list specifying each Document for which the privilege is claimed, together with the following information, where appropriate, with respect to each such document: a. the date appearing on the Document, or if no date appears, the date on which the document was prepared; b. the name of the person(s) by whom the document was prepared and, if the document is signed, the name of each person(s) who signed the document; c. the name of each person to whom the document is addressed; d. the name of each person, other than the addressee(s) identified in (c) above, to whom the document, or a copy thereof, was sent or with whom the document was discussed; 10991756-1e. the name of the person or persons who currently have custody of the document; f. the specified ground(s) on which the claim of privilege rests; g. the paragraph or subparagraph of this request to which each document responds; and h. the general nature of the document, the number of pages of which it consists, and a sufficient description of the subject matter of the document (without disclosing its contents) to allow its description to the court for a ruling on the claim of privilege. 24. — If any objection is made to any Document Request, the objection shall state with specificity all grounds. 25. As to any request that is claimed to be overbroad or to seek irrelevant Documents, please indicate whether any responsive Documents or subcategory of responsive Documents are conceded to be discoverable and identify the Documents or subcategory of Documents that will be produced. 26. As to any request that is claimed to be unduly burdensome, expensive or oppressive or to which a similar objection is asserted, please provide the following information: a. the approximate number and/or volume of responsive Documents; b. the location and manner in which the Documents are maintained; c. any particular or unusual burden or effort required to produce the responsive Documents; d. the estimated cost of producing responsive Documents; and e. any other facts on which You rely in support of Your claim that production of responsive Documents is unduly burdensome, costly or difficult. 10991756-1SCHEDULE “A” Production of Electronically Stored Information (ESI) FORM OF PRODUCTION Plaintiffs requests that all ESI (electronically stored information) be produced as follows: ESI will be produced (printed and loaded) in 300DPI resolution or greater, Group IV Monochrome Tagged Image File Format (.TIF) files in single-page format, with ALL native files provided and word searchable OCR/extracted text (Optical Character Recognized — i.e. searchable text) in UTF-8 format. Color photographs should be produced as color JPEG images. Email natives will be delivered in MSG or EML format. Load files will be provided in Opticon (OPT) format and an IPRO LFP (.lfp) format. Metadata will be provided in a DAT file with standard Concordance delimiters. The text files containing the OCR/Extracted Text shall be produced in multi-page format with the name corresponding to its associated document. All small and oversized images should be resized to fit on 8.5x11 canvas. The files should be delivered with the following folder structure: IMAGES - contains the TIF and JPG files, up to 10,000 items. DATA -— contains the OPT and LFP files and the metadata text file (DAT) NATIVES -— contains all the original native files named as the BEGDOC TEXT — contains the document-level OCR/Extracted text files named as the BEGDOC Eclipse Metadata Field Field Description BegDoc BegDoc EndDoc EndDoc BegAttach BegAttach EndAttach EndAttach Application Application/Application Name AttachmentIDs Bates numbers of attachment(s) Attachments Names of attachment files AttachRange Attachment Range 10991756-1Authors Document author BCC BCC (Name + email) cc CC (Name + email) Companies Company name Custodian Custodian (Last, First) DateCreated Date created (MM/DD/YYYY) DateReceived Date email received (MM/DD/YYYY) DateSaved Date last saved (MM/DD/YYYY) DateSent Date email sent (MM/DD/YYYY) Doctitle Title FileType Document Type Description FileExtension File extension Doclink Link to native files produced ExtractedText Link to text files produced Filename Original filename FileSize File size in bytes Folder Relative Path (Inbox, Sent, etc.) From Sender (Name + email) Hash_Code MDS hash Header Email header InternetMSGID IntMsgID MessageID MsgID NumAttachments Attachment count NumPages Page count ParentID Parent bates number Password Protect Y/N field Read Y/N SHAI SHA hash Sources CD, DVD, hard drive; brief desc. of data StoreID Name of PST/NSF file (if relevant) Subject Email/Document subject TimeReceived Time email received (12-hour HH:MM) TimeSent Time email sent (12-hour HH:MM) To To (Name + email) For .xls (Excel), .ppt (PowerPoint), and .doc (Word) files the following additional metadata fields should be included: 10991756-1Excel_Comments Comments Excel_HiddenColumns Hidden Columns Excel_HiddenRows Hidden Rows Excel_HiddenWorksheets Hidden Worksheets Num_Lines Number of lines Num_Paragraphs Number of paragraphs Num_ slides Number of slides Num_Notes Number of notes Num_HiddenSlides Number of hidden slides Num_Multimedia Number of multimedia clips Security Security 10991756-1 [Remainder of page is intentionally left blank]DOCUMENTS AND THINGS TO BE PRODUCED 1. A copy of the Lease Agreement between You and Plaintiff. 2. A copy of any insurance policies You obtained to insure the Premises. 3. Any and all statements, whether written, taped, stenographically recorded or videotaped from any person or potential witness regarding any of the facts of this lawsuit. 4. Ifyou claim that a third party may be liable in whole or in part for the damages of Plaintiff, provide any and all communications and documents supporting this contention. 5. Any and all communications between the You and Plaintiff relating to the damage that occurred to the Premises as a result of the Occurrence. 6. Any and all communications and documents regarding any insurance claims submitted by You or any person or entity in connection with the facts of this lawsuit, including damages to the Premises. 7. Any and all communications and documents, including but not limited to checks, receipts, and correspondences, reflecting payment issued by You for damages to the Premises as a result of the Occurrence. 8. Any and all work orders, reports, invoices, or other documents related to Your maintenance of the Premises. 9. Any and all photographs of the Premises taken by You prior to the Occurrence. 10. Any and all photographs of the Premises taken by You following the Occurrence. 11. All safety procedures, manuals, plans, or other documents related to Your maintenance of the Premises. 12. All communications, reports, logs, notes, photographs, or other documents related to the conditions of the Premises prior to the Occurrence. 13. All communications, reports, logs, notes, photographs, or other documents related to the 10991756-1conditions of the Premises following the Occurrence. 14. — All communications, notes, or other documents exchanged between You and any of Your agents or employees relating to the Occurrence. 15. All communications or other documents between You and any other tenants, property manager(s), property management company, related to damages to any other units as a result of the Occurrence. 16. All communications or other documents related to any insurance claims You filed relating to the damages that occurred as a result of the Occurrence. 17. All documents evidencing, referring or relating to Communications between You and Plaintiff relating to the facts of this lawsuit. 18. All documents, correspondences, bills, invoices, receipts, papers, etc., that evidence Your purchase or ownership of any item of personal property that was damaged or destroyed as a result of the Occurrence. 19. All documents, correspondences, bills, invoices, receipts, papers, etc., that evidence Plaintiff's purchase or ownership of electrical equipment, including battery chargers and extension cords, that You kept at the Premises. 20. All instructions manuals relating to battery chargers present at the Premises on the date of the Occurrence. 21. All Documents identified in Your answers to Plaintiff's First Set of Interrogatories served contemporaneously herewith. Respectfully submitted, BERGER SINGERMAN LLP Attorneys for Plaintiffs One Town Center Road, Suite 301 Boca Raton, FL 33486 Telephone: (561) 241-9500 10991756-1Facsimile: (561) 998-0028 By: __/s/ Christopher B. Choquette Michael J. Higer Florida Bar No. 500798 mhiger@bergersingerman.com Gina Clausen Lozier Florida Bar No. 38985 Christopher B. Choquette Florida Bar No. 68475 cchoquette@bergersingerman.com DRT@bergersingerman.com CERTIFICATE OF SERVICE IHEREBY CERTIFY that on this 5" day of November, 2021, | electronically filed the foregoing with the Florida Courts E-Filing Portal, which will serve it via electronic mail to: Mark R. Antonelli Florida Bar No: 356948 Gaebe, Mullen, Antonelli & Dimatteo 420 South Dixie Highway, Third Floor Coral Gables, Florida 33146 mantonelli@gaebemullen.com cgreer@gaebemullen.com ymarrero@gaebemullen.com Ibeges@gaebemullen.com Attorneys for Defendants, Vintage & Specialty Wood Lic F/K/A Wood Sales By Harry, Inc., & Harry Raymond By:_/s/ Christopher B. Choquette Christopher B. Choquette 10991756-1