Preview
Filing# 140108010 E-Filed 12/10/2021 10:28:59 AM
USA MEDICARE ADVISORS INSURANCE INTHE CIRCUIT COURT OF THE 17TH
AGENCY LLC, a Florida Limited Liability JUDICIAL CIRCUIT IN AND FOR
Company, BROWARD COUNTY, FLORIDA
Plaintiffs, CASE NO: CACE-21-010364
VS.
ELITE HEALTH INVESTMENTS, INC., a
Florida Profit Corporation,
Defendant.
DEFENDANT'S RESPONSE AND OBJECTIONS TO PLAINTIFF'S
REQUEST FOR PRODUCTION
The Defendant, ELITE HEALTH INVESTMENTS, INC., ("ELITE"), by and through
undersigned counsel files its Responses and Objections to Plaintiffs Request for
Production as follows:
1. All drafts, versions, and copies of the Agreement.
Response: Please see attached.
2. Alldocuments, correspondences, notices, and records discussing, relating, or
connected to the Payment Section of the Agreement.
Response: Defendant objects request as it is irrelevant, overly broad,
to this
unduly burdensome in time and scope and it is not reasonably
calculated to lead to the discovery of admissible evidence. Subject
toand without waiving said objections,to the extent Defendant is in
possession, custody, and/or control, of non-privileged documents
responsive to this request, see attached.
3. Alldocuments, correspondences, notices, and records discussing, relating, or
connected to the ExclusivitySection of the Agreement.
Response: Defendant objects request as it is irrelevant,overly broad,
to this
unduly burdensome time and scope and it is not reasonably
in
calculated to lead to the discovery of admissible evidence. Subject
to and without waiving said objections, to the extent Defendant is in
possession, custody, and/or control, of non-privileged documents
responsive to this request, see attached.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/10/2021 10:28:59 AM.****
4- Alldocuments, records, communications, documented statements, and other
evidence discussing, relating,or connected to the validityof the Agreement.
Response: To the extent Defendant is in possession, custody, and/or control,of
non-privileged documents responsive to this request, see attached.
5. documents, receipts,bank statements, or other evidence showing all payments
All
made or attempted to be made by Elite to UMA in connection with any marketing
material.
Response: To the extent Defendant possession, custody, and/or control, of
is in
non-privileged documents responsive to this request, see attached.
6. Allthe documents, receipts, bank statements, or other evidence showing all
payments made or attempted to be made by Elite to UMA in connection with any
chargebacks instituted after February 8,2021.
Response: To the extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached.
7. Copies of all documents, receipts,bank statements, or other evidence evidencing
any and all commission bonuses that have ever been paid or issued to Elite by
UMA.
Response: To the extent Defendant is in possession, custody, and/or control, of
non-privileged documents responsive to this request, see attached.
8. Copies of all documents, receipts,bank statements, or other evidence evidencing
any and all commission bonuses that have ever been paid or issued to Elite by any
of UMA's carriers or upline agents.
Response: To the extent Defendant is in possession, custody, and/or control,of
non-privileged documents responsive to this request, see attached.
9. All agreements, contracts, memoranda, statements, representations, or other
documents governing the purchase, sale, or use of lead marketing materials
provided by UMA to Elite.
Response: To the extent Defendant is in possession, custody, and/or control, of
non-privileged documents responsive to this request, see attached.
10. All documents, records, surveys, spreadsheets, communications,
correspondences, and things you intend to relyon in support of your valuation of
the total unpaid commissions owed to Elite pursuant to the Agreement.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Subject to and not waiving
said objections, please see attached non-privileged documents
responsive to this request that Defendant has possession, custody,
and/or control of.
11. All documents, records, surveys, spreadsheets, communications,
correspondences, and things you intend to rely on in support of your valuation of
the total unpaid commissions owed to Elite pursuant to the Agreement.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non
privileged documents.
12. All documents, agreements, contracts, records, communications,
correspondences, contractual provisions, writings, and other documented
statements demonstrating that both Elite and UMA agreed to payment of
commission bonuses to Elite.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privilegeddocuments.
13. All documents, records, communications, correspondences, contractual
provisions, and other documented statements wherein commission bonuses for
policies Elite sold pursuant to the Agreement were discussed.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privilegeddocuments.
14. All documents, records, communications, correspondences, contractual
provisions, and other documented statements wherein UMA informed Elite that
UMA would be paying out commission bonuses to Elite.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privilegeddocuments.
15. Alldocuments upon which you rely for each affirmative defense that you have
alleged, or that you anticipate you will allege in this lawsuit.
Response: To the extent Defendant is in possession, custody, and/or control,of
non-privileged documents responsive to this request, see attached.
16. All documents used, referred to, referenced, or relatingto your responses to
Plaintiffs First Set of InterrogatoryRequests.
Response: To the extent Defendant possession, custody, and/or control,of
is in
non-privileged documents responsive to this request, see attached.
17. All communications and correspondences, between February 8, 2021, and
present, exchanged between you and UMA (not including those exchanged
between your attorney(s)and UMA's attorney(s)).
Response: To the extent Defendant possession, custody, and/or control,of
is in
documents responsive to this request, see attached all non-
privilegeddocuments.
18. All communications and correspondences exchanged between you and any third-
party discussing, mentioning, referencing, or relatingto UMA.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privilegeddocuments.
19. All communications and correspondences exchanged internallywithin your
company discussing, mentioning, referencing,or relatingto UMA.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privilegeddocuments.
20. Allcommunications and correspondences exchanged between you and any third-
party discussing, mentioning, referencing, or relating to the commission or
chargeback structure (or any amount due thereunder) set forth in the Agreement.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privilegeddocuments.
21. All communications and correspondences exchanged internallywithin your
company discussing, mentioning, referencing, or relating to the commission or
chargeback structure (or any amount due thereunder) set forth in the Agreement.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privilegeddocuments.
22. All communications and correspondences exchanged between you and any third-
party discussing, mentioning, referencing, or relatingto the Exclusivity Section of
the Agreement.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privilegeddocuments.
23. All communications and correspondences exchanged internallywithin your
company discussing, mentioning, referencing, or relatingto the ExclusivitySection
of the Agreement.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privilegeddocuments.
24. All communications and correspondences, except those between you and your
attorney, exchanged between you and any third-party discussing, mentioning,
referencing, or relatingto this lawsuit.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privilegeddocuments.
25. All communications, correspondences, memoranda, notices, and documents,
except those between you and your attorney, exchanged internallywithin your
company discussing, mentioning, referencing,or relatingto this lawsuit.
Response: Objection, vague, overbroad time and scope. Defendant further
in
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim. Notwithstanding, to the
extent Defendant is in possession, custody, and/or control, of
documents responsive to this request, see attached all non-
privileged documents.
26. At least one document sufficient to identify all Elite employee(s), agent(s),
director(s),supervisor(s).manager(s). and member(s) who solicited,negotiated,
so d, or attempted to solicit,negotiate, or sell Medicare supplement insurance
po icies on behalf of a person or entityother than UMA between October 26,2020,
and February 8,2021.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim.
27. At least one document sufficient to identify all persons and entities (other than
UMA) on whose behalf Elite employees(s), agent(s), director(s),supervisor(s),
manager(s), and member(s) solicited,negotiated, sold, or attempted to solicit,
negotiate, or sell Medicare supplement insurance policiesbetween October 26,
2020, and February 8,2021.
Response: Objection, vague, overbroad in time and scope. Defendant further
objects to the extent Plaintiffs' request seeks information protected
by the work product doctrine and other privileged information not
discoverable in a breach of contract claim.
28. Allcontracts, agreements, offers, proposals, counteroffers, and counterproposals
(other than any with UMA) offered, proposed, reviewed, exchanged, signed, or
negotiation,or sale of Medicare
executed by you in connection with the solicitation,
supplement insurance between October 26,2020. And February 8,2021.
Response: Objection, vague, overbroad, and unduly burrsensome in time and
scope. Defendant further objects to the extent Plaintiffs' request
seeks information protected by the work product doctrine and other
privilegedinformation not discoverable in a breach of contract claim.
Notwithstanding, to the extent Defendant is in possession, custody,
and/or control, of documents responsive to this request, see
attached all non-privileged documents.
29. AI communications, correspondences, documents, and things discussing,
re ating, or connected to your solicitation,negotiation, or sale of Medicare
supplement insurance with a person or entity other than UMA between October
26,2020, and February 8,2021.
Response: Objection, vague, overbroad, and unduly burdensome in time and
scope. Defendant further objects to the extent Plaintiffs' request
seeks information protected by the work product doctrine and other
privileged information not discoverable in a breach of contract claim.
Notwithstanding, to the extent Defendant is in possession, custody,
and/or control, of documents responsive to this request, see
attached all non-privileged documents.
30. All written releases executed by an authorized representative of UMA authorizing
Elite to solicit,negotiate and/or sell Medicare supplement insurance on behalf of
another person or entity in accordance with the Exclusivity Section of the
Agreement.
Response: Objection, vague, overbroad, ambitious, and unduly burdensome in
time and scope. Defendant further objects to the extent Plaintiffs
request seeks information protected by the work product doctrine
and other privileged information not discoverable in a breach of
contract claim.Notwithstanding, to the extent Defendant is in
possession, custody, and/or control,of documents responsive to this
request, see attached all non-privileged documents.
31. All documents, surveys, analyses, audits, spreadsheets, evaluations, records,
statements, communications, correspondences, and things conducted by Elite or
by anyone on its behalf regarding or relatingto the unpaid commissions.
Response: Objection, vague, overbroad, ambitious, and unduly burdensome in
time and scope. Defendant further objects to the extent Plaintiffs
request seeks information protected by the work product doctrine
and other privileged information not discoverable in a breach of
contract claim. Notwithstanding, to the extent Defendant is in
possession, custody, and/or control, of documents responsive to this
request, see attached all non-privileged documents.
32. All documents, surveys, analyses, audits, spreadsheets, evaluations, records,
statements, communications, correspondences, and things conducted by Elite or
by anyone on its behalf regarding or relatingto the unpaid commission bonuses.
Response: Objection, vague, overbroad, and unduly burdensome in time and
scope. Defendant further objects to the extent Plaintiffs' request
seeks information protected by the work product doctrine and other
privilegedinformation not discoverable in a breach of contract claim.
Notwithstanding, to the extent Defendant is in possession, custody,
and/or control, of documents responsive to this request, see
attached all non-privileged documents.
33. All documents, surveys, analyses, audits, spreadsheets, evaluations, records,
statements, communications, correspondences, and things conducted by Elite or
by anyone on its behalf regarding ort relatingto the outstanding chargebacks.
Response: Objection, vague, overbroad, and unduly burdensome in time and
scope. Defendant further objects to the extent Plaintiffs' request
seeks information protected by the work product doctrine and other
privilegedinformation not discoverable in a breach of contract claim.
34. All documents, surveys, analyses, audits, spreadsheets, evaluations, records,
statements, communications, correspondences, and things conducted by Elite or
by anyone on its behalf regarding or relatingto the unpaid marketing materials
identified in Paragraph 21 and Exhibit C of the Complaint.
Response: Objection, vague, overbroad, and unduly burdensome in time and
scope. Defendant further objects to the extent Plaintiffs' request
seeks information protected by the work product doctrine and other
privileged information not discoverable in a breach of contract claim.
35. All documents and things evidencing all steps, measures, procedures, and efforts
made by you to use the unpaid marketing materials identified in Paragraph 21 and
Exhibit C of the Complaint.
Response: Objection, vague, overbroad, and unduly burdensome in time and
scope. Defendant further objects to the extent Plaintiffs' request
seeks information protected by the work product doctrine and other
privileged information not discoverable in a breach of contract claim.
36. All documents and things evidencing any Medicare insurance policiesYou sold as
a result of, or connection with, your use of the unpaid marketing materials
in
identified in Paragraph 21 and Exhibit C of the Complaint.
Response: Objection, vague, overbroad, and unduly burdensome in time and
scope. Defendant further objects to the extent Plaintiffs' request
seeks information protected by the work product doctrine and other
privilegedinformation not discoverable in a breach of contract claim.
37. All invoices or financial records indicatingthat UMA owes you $214,460.00 in
unpaid commissions.
Response: To the extent Defendant possession, custody, and/or control, of
is in
non-privileged documents responsive to this request, see attached.
38. Allinvoices or financial records indicating that UMA owes you $30,000.00 in
connection with unpaid commission bonuses.
Response: To the extent Defendant is in possession, custody, and/or control, of
non-privileged documents responsive to this request, see attached.
39. All documents and things supporting your defense of unjust enrichment.
Response: Objection, vague, overbroad, and unduly burdensome in time and
scope. Notwithstanding, please see Defendant's counterclaim
attached herein. The documents speak for itself.
40. All documents and things supporting your defense of unclean hands.
Response: Objection, vague, overbroad, and unduly burdensome in time and
scope. Notwithstanding, please see Defendant's counterclaim
attached herein. The documents speak for itself.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
via the e-portalto: Veronika Balbuzanova, Esq., Johnson IDalal, 111 N. Pine Island Road,
Suite 103, Plantation, FL 33324; (Vb@Johnsondalal.corn; on :
December 10,2021
BECK LAW, P.A.
901 Clint Moore Road, Suite C
Boca Raton, FL 33487
Tel: (561) 990-1647
Fax: (561) 717-9673
By: /s/ JOSHUA S. BECK, ESQ.
Florida Bar No.- 040659
Primary E-Mail: pleadinqs@becklawpa.corn
Secondary E-Mail: beck@becklawpa.corn
Attorney for Defendant/Counter-Plaintiff
Preview
Filing# 140108010 E-Filed 12/10/2021 10:28:59 AM USA MEDICARE ADVISORS INSURANCE INTHE CIRCUIT COURT OF THE 17TH AGENCY LLC, a Florida Limited Liability JUDICIAL CIRCUIT IN AND FOR Company, BROWARD COUNTY, FLORIDA Plaintiffs, CASE NO: CACE-21-010364 VS. ELITE HEALTH INVESTMENTS, INC., a Florida Profit Corporation, Defendant. DEFENDANT'S RESPONSE AND OBJECTIONS TO PLAINTIFF'S REQUEST FOR PRODUCTION The Defendant, ELITE HEALTH INVESTMENTS, INC., ("ELITE"), by and through undersigned counsel files its Responses and Objections to Plaintiffs Request for Production as follows: 1. All drafts, versions, and copies of the Agreement. Response: Please see attached. 2. Alldocuments, correspondences, notices, and records discussing, relating, or connected to the Payment Section of the Agreement. Response: Defendant objects request as it is irrelevant, overly broad, to this unduly burdensome in time and scope and it is not reasonably calculated to lead to the discovery of admissible evidence. Subject toand without waiving said objections,to the extent Defendant is in possession, custody, and/or control, of non-privileged documents responsive to this request, see attached. 3. Alldocuments, correspondences, notices, and records discussing, relating, or connected to the ExclusivitySection of the Agreement. Response: Defendant objects request as it is irrelevant,overly broad, to this unduly burdensome time and scope and it is not reasonably in calculated to lead to the discovery of admissible evidence. Subject to and without waiving said objections, to the extent Defendant is in possession, custody, and/or control, of non-privileged documents responsive to this request, see attached. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/10/2021 10:28:59 AM.**** 4- Alldocuments, records, communications, documented statements, and other evidence discussing, relating,or connected to the validityof the Agreement. Response: To the extent Defendant is in possession, custody, and/or control,of non-privileged documents responsive to this request, see attached. 5. documents, receipts,bank statements, or other evidence showing all payments All made or attempted to be made by Elite to UMA in connection with any marketing material. Response: To the extent Defendant possession, custody, and/or control, of is in non-privileged documents responsive to this request, see attached. 6. Allthe documents, receipts, bank statements, or other evidence showing all payments made or attempted to be made by Elite to UMA in connection with any chargebacks instituted after February 8,2021. Response: To the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached. 7. Copies of all documents, receipts,bank statements, or other evidence evidencing any and all commission bonuses that have ever been paid or issued to Elite by UMA. Response: To the extent Defendant is in possession, custody, and/or control, of non-privileged documents responsive to this request, see attached. 8. Copies of all documents, receipts,bank statements, or other evidence evidencing any and all commission bonuses that have ever been paid or issued to Elite by any of UMA's carriers or upline agents. Response: To the extent Defendant is in possession, custody, and/or control,of non-privileged documents responsive to this request, see attached. 9. All agreements, contracts, memoranda, statements, representations, or other documents governing the purchase, sale, or use of lead marketing materials provided by UMA to Elite. Response: To the extent Defendant is in possession, custody, and/or control, of non-privileged documents responsive to this request, see attached. 10. All documents, records, surveys, spreadsheets, communications, correspondences, and things you intend to relyon in support of your valuation of the total unpaid commissions owed to Elite pursuant to the Agreement. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Subject to and not waiving said objections, please see attached non-privileged documents responsive to this request that Defendant has possession, custody, and/or control of. 11. All documents, records, surveys, spreadsheets, communications, correspondences, and things you intend to rely on in support of your valuation of the total unpaid commissions owed to Elite pursuant to the Agreement. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non privileged documents. 12. All documents, agreements, contracts, records, communications, correspondences, contractual provisions, writings, and other documented statements demonstrating that both Elite and UMA agreed to payment of commission bonuses to Elite. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privilegeddocuments. 13. All documents, records, communications, correspondences, contractual provisions, and other documented statements wherein commission bonuses for policies Elite sold pursuant to the Agreement were discussed. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privilegeddocuments. 14. All documents, records, communications, correspondences, contractual provisions, and other documented statements wherein UMA informed Elite that UMA would be paying out commission bonuses to Elite. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privilegeddocuments. 15. Alldocuments upon which you rely for each affirmative defense that you have alleged, or that you anticipate you will allege in this lawsuit. Response: To the extent Defendant is in possession, custody, and/or control,of non-privileged documents responsive to this request, see attached. 16. All documents used, referred to, referenced, or relatingto your responses to Plaintiffs First Set of InterrogatoryRequests. Response: To the extent Defendant possession, custody, and/or control,of is in non-privileged documents responsive to this request, see attached. 17. All communications and correspondences, between February 8, 2021, and present, exchanged between you and UMA (not including those exchanged between your attorney(s)and UMA's attorney(s)). Response: To the extent Defendant possession, custody, and/or control,of is in documents responsive to this request, see attached all non- privilegeddocuments. 18. All communications and correspondences exchanged between you and any third- party discussing, mentioning, referencing, or relatingto UMA. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privilegeddocuments. 19. All communications and correspondences exchanged internallywithin your company discussing, mentioning, referencing,or relatingto UMA. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privilegeddocuments. 20. Allcommunications and correspondences exchanged between you and any third- party discussing, mentioning, referencing, or relating to the commission or chargeback structure (or any amount due thereunder) set forth in the Agreement. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privilegeddocuments. 21. All communications and correspondences exchanged internallywithin your company discussing, mentioning, referencing, or relating to the commission or chargeback structure (or any amount due thereunder) set forth in the Agreement. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privilegeddocuments. 22. All communications and correspondences exchanged between you and any third- party discussing, mentioning, referencing, or relatingto the Exclusivity Section of the Agreement. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privilegeddocuments. 23. All communications and correspondences exchanged internallywithin your company discussing, mentioning, referencing, or relatingto the ExclusivitySection of the Agreement. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privilegeddocuments. 24. All communications and correspondences, except those between you and your attorney, exchanged between you and any third-party discussing, mentioning, referencing, or relatingto this lawsuit. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privilegeddocuments. 25. All communications, correspondences, memoranda, notices, and documents, except those between you and your attorney, exchanged internallywithin your company discussing, mentioning, referencing,or relatingto this lawsuit. Response: Objection, vague, overbroad time and scope. Defendant further in objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non- privileged documents. 26. At least one document sufficient to identify all Elite employee(s), agent(s), director(s),supervisor(s).manager(s). and member(s) who solicited,negotiated, so d, or attempted to solicit,negotiate, or sell Medicare supplement insurance po icies on behalf of a person or entityother than UMA between October 26,2020, and February 8,2021. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. 27. At least one document sufficient to identify all persons and entities (other than UMA) on whose behalf Elite employees(s), agent(s), director(s),supervisor(s), manager(s), and member(s) solicited,negotiated, sold, or attempted to solicit, negotiate, or sell Medicare supplement insurance policiesbetween October 26, 2020, and February 8,2021. Response: Objection, vague, overbroad in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. 28. Allcontracts, agreements, offers, proposals, counteroffers, and counterproposals (other than any with UMA) offered, proposed, reviewed, exchanged, signed, or negotiation,or sale of Medicare executed by you in connection with the solicitation, supplement insurance between October 26,2020. And February 8,2021. Response: Objection, vague, overbroad, and unduly burrsensome in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privilegedinformation not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non-privileged documents. 29. AI communications, correspondences, documents, and things discussing, re ating, or connected to your solicitation,negotiation, or sale of Medicare supplement insurance with a person or entity other than UMA between October 26,2020, and February 8,2021. Response: Objection, vague, overbroad, and unduly burdensome in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non-privileged documents. 30. All written releases executed by an authorized representative of UMA authorizing Elite to solicit,negotiate and/or sell Medicare supplement insurance on behalf of another person or entity in accordance with the Exclusivity Section of the Agreement. Response: Objection, vague, overbroad, ambitious, and unduly burdensome in time and scope. Defendant further objects to the extent Plaintiffs request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim.Notwithstanding, to the extent Defendant is in possession, custody, and/or control,of documents responsive to this request, see attached all non-privileged documents. 31. All documents, surveys, analyses, audits, spreadsheets, evaluations, records, statements, communications, correspondences, and things conducted by Elite or by anyone on its behalf regarding or relatingto the unpaid commissions. Response: Objection, vague, overbroad, ambitious, and unduly burdensome in time and scope. Defendant further objects to the extent Plaintiffs request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non-privileged documents. 32. All documents, surveys, analyses, audits, spreadsheets, evaluations, records, statements, communications, correspondences, and things conducted by Elite or by anyone on its behalf regarding or relatingto the unpaid commission bonuses. Response: Objection, vague, overbroad, and unduly burdensome in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privilegedinformation not discoverable in a breach of contract claim. Notwithstanding, to the extent Defendant is in possession, custody, and/or control, of documents responsive to this request, see attached all non-privileged documents. 33. All documents, surveys, analyses, audits, spreadsheets, evaluations, records, statements, communications, correspondences, and things conducted by Elite or by anyone on its behalf regarding ort relatingto the outstanding chargebacks. Response: Objection, vague, overbroad, and unduly burdensome in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privilegedinformation not discoverable in a breach of contract claim. 34. All documents, surveys, analyses, audits, spreadsheets, evaluations, records, statements, communications, correspondences, and things conducted by Elite or by anyone on its behalf regarding or relatingto the unpaid marketing materials identified in Paragraph 21 and Exhibit C of the Complaint. Response: Objection, vague, overbroad, and unduly burdensome in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. 35. All documents and things evidencing all steps, measures, procedures, and efforts made by you to use the unpaid marketing materials identified in Paragraph 21 and Exhibit C of the Complaint. Response: Objection, vague, overbroad, and unduly burdensome in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privileged information not discoverable in a breach of contract claim. 36. All documents and things evidencing any Medicare insurance policiesYou sold as a result of, or connection with, your use of the unpaid marketing materials in identified in Paragraph 21 and Exhibit C of the Complaint. Response: Objection, vague, overbroad, and unduly burdensome in time and scope. Defendant further objects to the extent Plaintiffs' request seeks information protected by the work product doctrine and other privilegedinformation not discoverable in a breach of contract claim. 37. All invoices or financial records indicatingthat UMA owes you $214,460.00 in unpaid commissions. Response: To the extent Defendant possession, custody, and/or control, of is in non-privileged documents responsive to this request, see attached. 38. Allinvoices or financial records indicating that UMA owes you $30,000.00 in connection with unpaid commission bonuses. Response: To the extent Defendant is in possession, custody, and/or control, of non-privileged documents responsive to this request, see attached. 39. All documents and things supporting your defense of unjust enrichment. Response: Objection, vague, overbroad, and unduly burdensome in time and scope. Notwithstanding, please see Defendant's counterclaim attached herein. The documents speak for itself. 40. All documents and things supporting your defense of unclean hands. Response: Objection, vague, overbroad, and unduly burdensome in time and scope. Notwithstanding, please see Defendant's counterclaim attached herein. The documents speak for itself. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via the e-portalto: Veronika Balbuzanova, Esq., Johnson IDalal, 111 N. Pine Island Road, Suite 103, Plantation, FL 33324; (Vb@Johnsondalal.corn; on : December 10,2021 BECK LAW, P.A. 901 Clint Moore Road, Suite C Boca Raton, FL 33487 Tel: (561) 990-1647 Fax: (561) 717-9673 By: /s/ JOSHUA S. BECK, ESQ. Florida Bar No.- 040659 Primary E-Mail: pleadinqs@becklawpa.corn Secondary E-Mail: beck@becklawpa.corn Attorney for Defendant/Counter-Plaintiff