Preview
Filing # 141968104 E-Filed 01/13/2022 04:35:18 PM
1202.41114
IN THE CIRCUIT COURT OF THE
15" JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO: 50 2021 CA 007567 XXXXMB
HVC & NC LIMITED PARTNERSHIP,
Plaintiff,
vs.
VINTAGE & SPECIALTY WOOD LLC,
f/k/a WOOD SALES BY HARRY, INC.,
and HARRY RAYMOND,
Defendants.
soeeeSseee ess eeSSseeeeeeeeseeeeeeeeeee |
HARRY, INC.’S RESP: E TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTI
COMES NOW, the Defendant, VINTAGE & SPECIALTY WOOD, LLC, f/k/a WOOD
SALES BY HARRY, INC., by and through its undersigned attorneys and pursuant to the
Florida Rules of Civil Procedure and Florida law and files this Response to the Plaintiff,
HVC & NC LIMITED PARTNERSHIP November 5, 2021 First Request for Production to
Defendant, VINTAGE & SPECIALTY WOOD, LLC, f/k/a WOOD SALES BY HARRY, INC.,
and this Defendant in Response to said Request for Production states as follows:
DEFINITIONS AND INSTRUCTIONS
This Defendant objects to the definitions and instructions to the extent that the same
expand and/or otherwise are in conflict with the Florida Rules of Civil Procedure and Florida
law. Further, this Defendant object to the general scope of the discovery calling for the
production of documents as defined within the definitions and instructions.
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/13/2022 04:35:18 PM ***HVC & NC LIMITED vy, VINTAGE, et al
CASE NO: 50 2021 CA 007567 XXXXMB
1. A copy of the Lease Agreement between You and Plaintiff.
RESPONSE: None. No written Lease Agreement existed between the Plaintiff and this
Defendant at the time of the fire for the date of the fire.
2. A copy of any insurance policies You obtained to insure the Premises.
RESPONSE: Objection. Said request is overlybroad and seeks the production of matters that
would not be admissible at trial nor would the same lead to the admissibility of admissible
evidence. Notwithstanding such objection and without waiver of the objection the Defendant
states that a copy of the Defendant’s policy of insurance, in existence at the time of the fire, was
consumed in the fire and this Defendant does not have a copy of same. Otherwise, counsel for
the Defendant produces portions of the policy of insurance affording coverage to Vintage &
Specialty Wood, LLC for the period of October 2, 2018 to October 2, 2019. Said documents
consist of 12 pages.
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.
RESPONSE: This Defendant has not obtained any such statements nor are any such statements
in the possession of this Defendant and therefore no such matters can be produced.
4. If you 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.
RESPONSE: This Defendant is without knowledge as to what documents may exist and which
could potentially be responsive to this portion of the Request for Production. However, to the
extent that photographs obtained of the premises by the fire investigator, or others, that may be
Page 2 of 4HVC & NC LIMITED vy, VINTAGE, et al
CASE NO: 50 2021 CA 007567 XXXXMB
used in support of such contention, then such photographs are identified.
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.
RESPONSE: Upon information and belief, none. To the extent that the Plaintiff provided any
communications to this Defendant regarding the fire, this Defendant has not been able to locate
any in its possession. Otherwise see the two (2) pages attached hereto as being potentially
responsive.
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.
RESPONSE: Objection. The request on its face calls for the production of matters that would
fall within an attorney-client and/or work-product privilege. The request on its face seeks the
production of communications and documents between this Defendant and its liability insurance
carrier. Such matters would fall within an attorney-cient and/or work-product privilege.
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.
RESPONSE: None known of therefore no such matters can be produced.
8. Any and all work orders, reports, invoices, or other documents related to Your
maintenance of the Premises.
RESPONSE: None. This Defendant had no maintenance obligations pertaining to the
Page 3 of 4HVC & NC LIMITED vy, VINTAGE, et al
CASE NO: 50 2021 CA 007567 XXXXMB
premises. Records or other documents pertaining to the painting of the unit or the putting in of
new vinyl flooring were consumed in the fire.
9. Any and all photographs of the Premises taken by You prior to the Occurrence.
RESPONSE: To the extent that any such photographs were obtained, and once existed, none
have been located to date therefore no such matters can be produced.
10. Any and all photographs of the Premises taken by You following the Occurrence.
RESPONSE: Attached are 38 photographs. This Defendant would otherwise refer to
photographs obtained by the Bureau of Fire through their investigation. Otherwise the
Defendant objects to the production of other photographs obtained on its behalf based upon an
attorney-client and/or work-product privilege. In that regard the Defendant identifies 106
photographs obtained on January 3, 2019 by A. Prieto, an independent adjuster for and on behalf
of the liability insurance carrier for the Defendant. The Defendant also identifies photographs
obtained by Lisa Willins, also retained by the liability insurance carrier for this Defendant with
two (2) photographs being obtained on October 9, 2018 and 103 photographs obtained on
October 23, 2018. The Defendant also identifies thirty-two (32) photographs obtained by Jack
Ward Fire Consultants.
11. All safety procedures, manuals, plans, or other documents related to Your
maintenance of the Premises.
RESPONSE: No such matters exist in the possession of this Defendant inasmuch as all
maintenance to the premises was performed or was to be performed by the landlord.
12. All communications, reports, logs, notes, photographs, or other documents related
Page 4 of 4HVC & NC LIMITED vy, VINTAGE, et al
CASE NO: 50 2021 CA 007567 XXXXMB
to the conditions of the Premises prior to the Occurrence.
PONSE: To the extent that any such matters may have existed in the possession of others,
said matters would not have been in the possession of this Defendant. To the extent that any
other documents may have existed, all such items were consumed in the fire.
13. All communications, reports, logs, notes, photographs, or other documents related
to the conditions of the Premises following the Occurrence.
RESPONSE: Objection. The request as framed is sufficiently broad enough that it would
require the production of matters that would fall within an attorney-client and/or work-product
privilege. Notwithstanding such objection and without waiver of the objection the Defendant
refers to the Bureau of Fire investigation report.
14. All communications, notes, or other documents exchanged between You and any
of Your agents or employees relating to the Occurrence.
RESPONSE: Objection. The request on its face fails to identify those deemed to be an “agent”
of this Defendant. Notwithstanding such objection and without waiver of the objection as it
would pertain to anyone deemed an employee of this Defendant, no such matters exist therefore
no such matters can be produced.
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.
RESPONSE: Upon information and belief no such matters were submitted by the Defendant to
any other tenants, property managers, property management companies or the like. To the extent
Page 5 of 4HVC & NC LIMITED vy, VINTAGE, et al
CASE NO: 50 2021 CA 007567 XXXXMB
that such matters may have been submitted this Defendant does not have a copy of same.
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.
RESPONSE: Objection. Said matters would fall within an attorney-client and/or work product
privilege. The request on its face seeks communications from this Defendant to its insurance
carrier. See paragraph 6 and the objection thereto.
17. _ All documents evidencing, referring or relating to Communications between You
and Plaintiff relating to the facts of this lawsuit.
RESPONSE: To the extent that any such matters may exist none are in the possession of this
Defendant and therefore no such matters can be produced. Otherwise see the response to
paragraph 5.
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.
RESPONSE: Whatever items may have existed as of October 12, 2018, said items would have
been at or in the premises and were consumed in the fire.
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.
RESPONSE: This Defendant would not have been in possession of any items pertaining to the
purchases by the Plaintiff, nor would this Defendant had ever been in possession of any
Page 6 of 4HVC & NC LIMITED vy, VINTAGE, et al
CASE NO: 50 2021 CA 007567 XXXXMB
documents pertaining to the Plaintiff's purchase or ownership of electrical equipment or other
items identified within this paragraph of the Request for Production. To the extent that it was the
intent of the Plaintiff, by way of this paragraph to the Request for Production pertaining to any
personal property of the Defendant, all such records would have been kept at the property and all
such matters were consumed in the fire.
20. All instructions manuals relating to battery chargers present at the Premises on the
date of the Occurrence.
RESPONSE: To the extent that any instruction manual may have still been in possession of this
Defendant as of October 12, 2018, said items would have been on site, in the premises and would
have been consumed in the fire.
21. All Documents identified in Your answers to Plaintiffs First Set of
Interrogatories served contemporaneously herewith.
RESPONSE: None, therefore no such matters can be produced.
CERTIFICATE OF SERVICE
I certify that the foregoing document has been furnished through the e-portal and/or by
e- mail on this 13th day of January, 2022 to all counsel of record.
s/MARK R. ANTONELLI
Florida Bar No: 356948
mantonelli@gaebemullen.com
cgreer@gaebemullen.com
ymarrero@gaebemullen.com
Ibeges@gaebemullen.com
Attorneys for Defendants, VINTAGE &
SPECIALTY WOOD LLC f/k/a WOOD SALES
BY HARRY, INC., & HARRY RAYMOND
GAEBE, MULLEN, ANTONELLI &
DIMATTEO
420 South Dixie Highway, Third Floor
Page 7 of 4HVC & NC LIMITED vy, VINTAGE, et al
CASE NO: 50 2021 CA 007567 XXXXMB
Coral Gables, Florida 33146
Tel: 305-667-0223
Fax: 305-284-9844
Page 8 of 4
Preview
Filing # 141968104 E-Filed 01/13/2022 04:35:18 PM 1202.41114 IN THE CIRCUIT COURT OF THE 15" JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 50 2021 CA 007567 XXXXMB HVC & NC LIMITED PARTNERSHIP, Plaintiff, vs. VINTAGE & SPECIALTY WOOD LLC, f/k/a WOOD SALES BY HARRY, INC., and HARRY RAYMOND, Defendants. soeeeSseee ess eeSSseeeeeeeeseeeeeeeeeee | HARRY, INC.’S RESP: E TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTI COMES NOW, the Defendant, VINTAGE & SPECIALTY WOOD, LLC, f/k/a WOOD SALES BY HARRY, INC., by and through its undersigned attorneys and pursuant to the Florida Rules of Civil Procedure and Florida law and files this Response to the Plaintiff, HVC & NC LIMITED PARTNERSHIP November 5, 2021 First Request for Production to Defendant, VINTAGE & SPECIALTY WOOD, LLC, f/k/a WOOD SALES BY HARRY, INC., and this Defendant in Response to said Request for Production states as follows: DEFINITIONS AND INSTRUCTIONS This Defendant objects to the definitions and instructions to the extent that the same expand and/or otherwise are in conflict with the Florida Rules of Civil Procedure and Florida law. Further, this Defendant object to the general scope of the discovery calling for the production of documents as defined within the definitions and instructions. *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/13/2022 04:35:18 PM ***HVC & NC LIMITED vy, VINTAGE, et al CASE NO: 50 2021 CA 007567 XXXXMB 1. A copy of the Lease Agreement between You and Plaintiff. RESPONSE: None. No written Lease Agreement existed between the Plaintiff and this Defendant at the time of the fire for the date of the fire. 2. A copy of any insurance policies You obtained to insure the Premises. RESPONSE: Objection. Said request is overlybroad and seeks the production of matters that would not be admissible at trial nor would the same lead to the admissibility of admissible evidence. Notwithstanding such objection and without waiver of the objection the Defendant states that a copy of the Defendant’s policy of insurance, in existence at the time of the fire, was consumed in the fire and this Defendant does not have a copy of same. Otherwise, counsel for the Defendant produces portions of the policy of insurance affording coverage to Vintage & Specialty Wood, LLC for the period of October 2, 2018 to October 2, 2019. Said documents consist of 12 pages. 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. RESPONSE: This Defendant has not obtained any such statements nor are any such statements in the possession of this Defendant and therefore no such matters can be produced. 4. If you 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. RESPONSE: This Defendant is without knowledge as to what documents may exist and which could potentially be responsive to this portion of the Request for Production. However, to the extent that photographs obtained of the premises by the fire investigator, or others, that may be Page 2 of 4HVC & NC LIMITED vy, VINTAGE, et al CASE NO: 50 2021 CA 007567 XXXXMB used in support of such contention, then such photographs are identified. 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. RESPONSE: Upon information and belief, none. To the extent that the Plaintiff provided any communications to this Defendant regarding the fire, this Defendant has not been able to locate any in its possession. Otherwise see the two (2) pages attached hereto as being potentially responsive. 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. RESPONSE: Objection. The request on its face calls for the production of matters that would fall within an attorney-client and/or work-product privilege. The request on its face seeks the production of communications and documents between this Defendant and its liability insurance carrier. Such matters would fall within an attorney-cient and/or work-product privilege. 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. RESPONSE: None known of therefore no such matters can be produced. 8. Any and all work orders, reports, invoices, or other documents related to Your maintenance of the Premises. RESPONSE: None. This Defendant had no maintenance obligations pertaining to the Page 3 of 4HVC & NC LIMITED vy, VINTAGE, et al CASE NO: 50 2021 CA 007567 XXXXMB premises. Records or other documents pertaining to the painting of the unit or the putting in of new vinyl flooring were consumed in the fire. 9. Any and all photographs of the Premises taken by You prior to the Occurrence. RESPONSE: To the extent that any such photographs were obtained, and once existed, none have been located to date therefore no such matters can be produced. 10. Any and all photographs of the Premises taken by You following the Occurrence. RESPONSE: Attached are 38 photographs. This Defendant would otherwise refer to photographs obtained by the Bureau of Fire through their investigation. Otherwise the Defendant objects to the production of other photographs obtained on its behalf based upon an attorney-client and/or work-product privilege. In that regard the Defendant identifies 106 photographs obtained on January 3, 2019 by A. Prieto, an independent adjuster for and on behalf of the liability insurance carrier for the Defendant. The Defendant also identifies photographs obtained by Lisa Willins, also retained by the liability insurance carrier for this Defendant with two (2) photographs being obtained on October 9, 2018 and 103 photographs obtained on October 23, 2018. The Defendant also identifies thirty-two (32) photographs obtained by Jack Ward Fire Consultants. 11. All safety procedures, manuals, plans, or other documents related to Your maintenance of the Premises. RESPONSE: No such matters exist in the possession of this Defendant inasmuch as all maintenance to the premises was performed or was to be performed by the landlord. 12. All communications, reports, logs, notes, photographs, or other documents related Page 4 of 4HVC & NC LIMITED vy, VINTAGE, et al CASE NO: 50 2021 CA 007567 XXXXMB to the conditions of the Premises prior to the Occurrence. PONSE: To the extent that any such matters may have existed in the possession of others, said matters would not have been in the possession of this Defendant. To the extent that any other documents may have existed, all such items were consumed in the fire. 13. All communications, reports, logs, notes, photographs, or other documents related to the conditions of the Premises following the Occurrence. RESPONSE: Objection. The request as framed is sufficiently broad enough that it would require the production of matters that would fall within an attorney-client and/or work-product privilege. Notwithstanding such objection and without waiver of the objection the Defendant refers to the Bureau of Fire investigation report. 14. All communications, notes, or other documents exchanged between You and any of Your agents or employees relating to the Occurrence. RESPONSE: Objection. The request on its face fails to identify those deemed to be an “agent” of this Defendant. Notwithstanding such objection and without waiver of the objection as it would pertain to anyone deemed an employee of this Defendant, no such matters exist therefore no such matters can be produced. 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. RESPONSE: Upon information and belief no such matters were submitted by the Defendant to any other tenants, property managers, property management companies or the like. To the extent Page 5 of 4HVC & NC LIMITED vy, VINTAGE, et al CASE NO: 50 2021 CA 007567 XXXXMB that such matters may have been submitted this Defendant does not have a copy of same. 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. RESPONSE: Objection. Said matters would fall within an attorney-client and/or work product privilege. The request on its face seeks communications from this Defendant to its insurance carrier. See paragraph 6 and the objection thereto. 17. _ All documents evidencing, referring or relating to Communications between You and Plaintiff relating to the facts of this lawsuit. RESPONSE: To the extent that any such matters may exist none are in the possession of this Defendant and therefore no such matters can be produced. Otherwise see the response to paragraph 5. 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. RESPONSE: Whatever items may have existed as of October 12, 2018, said items would have been at or in the premises and were consumed in the fire. 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. RESPONSE: This Defendant would not have been in possession of any items pertaining to the purchases by the Plaintiff, nor would this Defendant had ever been in possession of any Page 6 of 4HVC & NC LIMITED vy, VINTAGE, et al CASE NO: 50 2021 CA 007567 XXXXMB documents pertaining to the Plaintiff's purchase or ownership of electrical equipment or other items identified within this paragraph of the Request for Production. To the extent that it was the intent of the Plaintiff, by way of this paragraph to the Request for Production pertaining to any personal property of the Defendant, all such records would have been kept at the property and all such matters were consumed in the fire. 20. All instructions manuals relating to battery chargers present at the Premises on the date of the Occurrence. RESPONSE: To the extent that any instruction manual may have still been in possession of this Defendant as of October 12, 2018, said items would have been on site, in the premises and would have been consumed in the fire. 21. All Documents identified in Your answers to Plaintiffs First Set of Interrogatories served contemporaneously herewith. RESPONSE: None, therefore no such matters can be produced. CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished through the e-portal and/or by e- mail on this 13th day of January, 2022 to all counsel of record. s/MARK R. ANTONELLI Florida Bar No: 356948 mantonelli@gaebemullen.com cgreer@gaebemullen.com ymarrero@gaebemullen.com Ibeges@gaebemullen.com Attorneys for Defendants, VINTAGE & SPECIALTY WOOD LLC f/k/a WOOD SALES BY HARRY, INC., & HARRY RAYMOND GAEBE, MULLEN, ANTONELLI & DIMATTEO 420 South Dixie Highway, Third Floor Page 7 of 4HVC & NC LIMITED vy, VINTAGE, et al CASE NO: 50 2021 CA 007567 XXXXMB Coral Gables, Florida 33146 Tel: 305-667-0223 Fax: 305-284-9844 Page 8 of 4