Preview
Filing # 123049918 E-Filed 03/13/2021 11:40:47 AM
IN THE CIRCUIT COURT OF THE
17" JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE-20-016579 (21)
JASON HORGAN and ROBIN HORGAN,
individuals,
Plaintiff,
vs.
LIFESTYLE BY DESIGN, LLC, a Florida
limited liability company, and C. ANA
NUZZO, an individual,
Defendants.
/
PLAINTIFFS’? AMENDED MOTION TO COMPEL
(Amended only as to the caption of the motion)
COMES NOW, plaintiffs, JASON HORGAN and ROBIN HORGAN, individuals
(together, “Plaintiffs”), by and through its undersigned counsel, and file this Motion to Compel
Compliance with Court Order, and in support thereof state as follows:
1. This is an action for breach of a promissory note in the amount of $235,000.00 that
matured on October 1, 2020 in which defendants LIFESTYLE BY DESIGN, LLC and C. ANA
NUZZO (“Defendants”) have failed to pay the outstanding balance that is due.
2. On December 4, 2020, Plaintiffs served a First Set of Interrogatories and First
Request for Production (“Discovery Requests”) (A true and correct copy of the Discovery
Requests is attached hereto as Exhibit “A”).
3. Pursuant to Rule 1.350, Fla. R. Civ. P., the Discovery Requests was due within
thirty (30) days of said service, to wit: January 4, 2021.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/13/2021 11:40:47 AM.****Plaintiffs’ Amended Motion to Compel
Page 2
4. On January 13, 2021, Defendants filed a motion for extension of time to respond to
Plaintiffs’ Discovery Requests, after which the parties entered into an Agreed Order extending the
time for Defendants to respond to February 1, 2021. (A true and correct copy of the Agreed Order
is attached hereto as Exhibit “B”).
5. On February 9, 2021, after Defendants failed to comply with the Agreed Order, and
in a good faith attempt to obtain compliance, Plaintiffs’ counsel sent correspondence to
Defendants’ counsel stating:
Please consider this a good faith attempt to obtain the discovery
responses that were originally served by Plaintiff on December 4,
2020, and pursuant to an Agreed Order on defendants’ motion for
an extension of time, were to be provided on or before February 1,
2021. If we do not receive a satisfactory reply, we will have no
alternative but to make a motion to compel.
(A copy of email correspondence, dated February 9, 2021 is annexed hereto as Exhibit “C”)
6. Defendants’ failure to timely comply with the Agreed Order operates as a complete
waiver of objections and therefore an order compelling all of the documents sought in the
Discovery Requests is warranted. See, e.g, Allstate v. Langston on behalf of Langston, 627 So. 2d
1178 (Fla. 4th DCA 1993)(“failure to file timely objections ordinarily constitutes a waiver of
discovery objections”); American Funding, Ltd. v. Hill, 402 So. 2d 1369 (Fla. Ist DCA 1981);
Don Mott Agency, Inc. v. Pullum, 352 (Fla. 2d 107 (Fla. 2d. DCA 1977). All objections, except
privilege, have been waived. Jnswrance Company of North America v. Noya, 398 So.2d 836 (Fla.
1981); American Funding Limited v Hill Jr., 402 So.2d 1369 (Fla. 1981).
7. The requested discovery and materials are relevant and necessary for the
prosecution of this case and reasonably calculated to lead to evidence admissible at trial. Plaintiffs
have been prejudiced by Defendants’ failure to comply with applicable rules of discovery.Plaintiffs’ Amended Motion to Compel
Page 3
8. Furthermore, pursuant to Rule 1.380(a)(4), this court should award Plaintiffs their
attorney’s fees incurred in filing this motion.
9. Rule 1.380(4) specifically provides: “If the motion is granted and after opportunity
for hearing, the court shall require the party or deponent whose conduct necessitated the motion or
the party or counsel advising the conduct to pay the moving party the reasonable expenses incurred
in obtaining the order that may include attorney’s’ fees, unless the court finds that the Movant
failed to certify in the motion that a good faith effort was made to obtain the discovery without
court action, that the opposition to the motion was justified, or that other circumstances make an
award of expenses unjust.”
10. Here, as detailed above, undersigned counsel has attempted to obtain the discovery
without the need for court intervention as required by Rule 1.380. Plaintiffs have simply refused
to respond to the Discovery Requests after months within which to obtain and respond to the
requests. As such, no circumstances exist here that would make an award of fees unjust.
WHEREFORE, Plaintiffs respectfully request that this Court enter an Order finding that
Defendants have waived all objections and compelling Defendant to produce all responsive
records to Plaintiffs’ First Request for Production and First Set of Interrogatories to Defendants
within ten (10) days of said Order, together with any and all further relief this Court finds necessary
or just.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been
furnished to: Carlos A Zeigenhirt, Esq., 1190 S. Le June Road, Miami, Florida 33134 at
carlos@caz-law.com via email mail pursuant to Rule 2.516 and the Florida Courts e-filing portal
on this 13" day of March, 2021.Plaintiffs’ Amended Motion to Compel
Page 4
KEITH D. SILVERSTEIN, P.A.
Attorney for Plaintiffs
1111 Brickell Avenue, Suite 1550
Miami, Florida 33131
Tel: (305) 868-0200
Fax: (305) 868-1045
e-mail: keith@silversteinpa.com
By: __/s/ Keith D. Silverstein
Keith D. Silverstein, Esq.
Florida Bar Number: 086820Exhibit AFiling # 117642315 E-Filed 12/04/2020 08:24:04 AM
IN THE CIRCUIT COURT OF THE
17" JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE-20-016579 (21)
JASON HORGAN and ROBIN HORGAN,
individuals,
Plaintiff,
vs.
LIFESTYLE BY DESIGN, LLC, a Florida
limited liability company, and C. ANA
NUZZO, an individual,
Defendants.
/
PLAINTIFFS’ FIRST SET OF
INTERROGATORIES TO DEFENDANT LIFESTYLE BY DESIGN, LLC
COMES NOW, plaintiffs, JASON HORGAN and ROBIN HORGAN, individuals, by
and through its undersigned counsel, serves defendant, LIFESTYLE BY DESIGN, LLC, a
Florida limited liability company, with Plaintiff’s First Set of Interrogatories, to be answered under
oath in writing within thirty (30) days, pursuant to Rule 1.340 of the Florida Rules of Civil
Procedure:
I. DEFINITIONS
1. The term “you” or “your” or “Defendant” means LIFESTYLE BY DESIGN,
LLC.
2. The term “Plaintiffs” means JASON HORGAN and ROBIN HORGAN.
3. “Note” means the a Promissory Note, a true and correct copy of which is attached
to the Complaint as Exhibit “A,” and recorded on August 30, 2018 at Instr. #115296212 of the
Official Records of Broward County.
4. “Document” or “documents” as used herein shall mean the original and any copy,
regardless of its original and location, of any writing or other tangible thing containing written or
graphic matter, whether printed, recorded, reproduced by any process, or written or produced byPlaintiff's First Set of
Interrogatories to Lifestyle By Design, LLC
Page 2
hand, including, but not limited to the following: all abstracts, accounting journals, accounting
ledgers, advertisements, affidavits, agendas, agreements or proposed agreements (including drafts,
proposals and any and all exhibits thereto), analyses, appointment books, appraisals, articles,
agreements, articles of incorporation, balance sheets, bank checks, bank deposit or withdrawal
slips, bank credit or debt memoranda, bank statements, books, books of account, brochures,
budgets, bylaws, canceled checks, certificates, charts, checks, circulars, codes, communications,
communications with governmental entities or agencies, computer data or printouts, conferences,
contracts, corporate severance documents, correspondence, data processing materials, data sheets,
desk calendars, diaries, disks or data compilations from which information can be obtained or
translated, drafts of any documents and revisions of drafts of any documents, drawings,
electromagnetic tapes, electronic mail, electronic files, expressions or statements of policy, files,
films, financial calculations, financial projections, financial statements, graphs, graphics,
forecasts, handwritten notes or comments however produced or reproduced, indexes, insertions,
inspections, instructions, internal accounting records, interoffice communications, intraoffice
communications, invoices, laboratory and engineering reports, ledgers, letters, lists, lists of persons
attending meetings or conferences, logbooks, manuals, memoranda, minutes, minutes of meetings,
models, newspaper or magazine articles, nonconforming copies which contain deletions, notations
or records of meetings, notes, notebooks, notices of wire transfer of funds, opinions or reports of
consultants, outlines, pamphlets, papers, passbooks, periodicals, photocopies, photographs,
pictures, plans, preliminary drafts, press releases, proposals, publications, punch cards, purchase
orders, raw and refined data, receipts, recommendations, records, recordings, records of
conferences, conversations or meetings, records of payment, reports, reports and/or summaries of
investigations, resolutions, results of investigations, schedules, shipping papers, software,
specifications, speeches, statements of account, statistical statements, stock certificates, studies,
summaries, summaries of interviews, surveys, tabulations, tape recordings, tax returns, telegrams,
telephone logs and records, telephone and other conversations or communications, teletypes,
telexes, transcripts, transcripts of tape recordings, trade letters, voice records, vouchers, work
papers, worksheets, written notations, and any and all other papers similar to any of the foregoing.
The term “document” shall include data stored, maintained or organized electronically,
magnetically or through the use of computer equipment, in native format or translated, if necessary,
by you into reasonably usable form. Any document containing any alterations, comments, notes
or other material not included in the copies or originals referred to in the preceding definition shall
be deemed a separate document within said definition. A document shall include all exhibits,
schedules or other writings affected by or referenced in any such document or other writings
necessary to complete the information contained therein or to assume that the document is not
misleading.
5. “Communication” means any oral, electronic, or written utterance, notation or
statement of any nature whatsoever, by or whomsoever made, including, but not limited to,
correspondence, conversations, dialogues, discussions, interviews, consultations, agreements, and
other understandings between or among two or more persons.
6. “And” and “or” as used herein are terms of inclusion and not of exclusion, and shall
be construed either disjunctively or conjunctively as necessary to bring within the scope of thePlaintiff's First Set of
Interrogatories to Lifestyle By Design, LLC
Page 3
Request for Production of documents any document or information that might otherwise be
construed to be outside its scope.
7. “Any” means one or more.
8. “Describe,” “discuss,” “analyze,” “describing,” “discussing,” or “analyzing” mean
any document that, in whole or in part, characterizes, delineates, explicates, deliberates, evaluates,
appraises, assesses or provides a general explanation of the specified subject.
9. “Person” means any natural person, corporation, partnership, company, sole
proprietorship, association, trust, institute, joint venture, firm, governmental body, or other legal
or business entity, whether privately or publicly owned or controlled, for profit or not-for-profit,
or partially or fully government owned or controlled.
10. “Relate to,” “related to” and “relating to” mean to make a statement about, refer to,
concern, contain, comprise, consist, discuss, define, describe, evidence, identify, mention, pertain,
reflect, or in any way logically or factually connected with the matter discussed or to which
reference is made, in whole or in part, or otherwise to be used, considered, or reviewed in any way
in connection with the specified subject. Thus, documents that “relate to” a subject also include
those which were specifically rejected and those which were not relied or acted upon.
11. The singular form of a noun or pronoun shall be considered to include within its
meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun or
pronoun shall be considered to include within its meaning the feminine form of the noun or
pronoun, and vice versa.
12. Regardless of the tense employed, all verbs shall be read as applying to the past,
present and future as is necessary to make any paragraph more, rather than less, inclusive.
II. INSTRUCTIONS
1. Privilege. If you contend that you are entitled to withhold information falling within
the purview of this First Set of Interrogatories on the basis of the attorney-client privilege, the
work-product doctrine, or any other ground, such information should be identified by providing a
description of the following: A. Describe the subject matter of the information in enough detail to
determine the validity of the claimed privilege; B. Identify the person(s) who have knowledge or
who have transmitted said information; C. State the nature and basis of the privilege or other
ground claimed for withholding the information and; D. The date such information was transmitted
to or by you.
2. Documents. If a document, or documents will provide the requested information,
attach the document(s) to your responses and indicate the Interrogatory to which the document(s)
is/are responsive.Plaintiff's First Set of
Interrogatories to Lifestyle By Design, LLC
Page 4
INTERROGATORIES TO PLAINTIFF
INTERROGATORY NO. 1:
State the name, address, telephone number, and relationship to you of each person who prepared,
or assisted in the preparation of, the responses to these interrogatories.
RESPONSE:
INTERROGATORY NO. 2:
Please state the names, addresses, and telephone numbers of all persons known to you who have
personal knowledge of all facts and circumstances raised in the complaint, any defenses that You
may have to the claims in the complaint, along with a brief description of what knowledge each
person may have. These persons should be listed regardless of whether or not you expect to call
them as witnesses during trial.
RESPONSE:
INTERROGATORY NO. 3:
Please state with specificity all facts which support your third affirmative defense that “Defendants
allege that the amounts alleged as due and owing in the Compliant are incorrect and incorporate
amounts which are not due including, but not limited to interest, late fees and costs. Furthermore,
Plaintiffs have failed to credit amounts paid by Defendants towards the debt, which also results in
the amount claimed as due being incorrect.”
RESPONSE:Plaintiff's First Set of
Interrogatories to Lifestyle By Design, LLC
Page 5
INTERROGATORY NO. 4:
Please state the date on which all outstanding principal and accrued and unpaid interest was due
and payable.
RESPONSE:
INTERROGATORY NO. 5:
Please state the amount of all outstanding principal and accrued and unpaid interest that became
due and payable on the Maturity Date (as defined in the Note).
RESPONSE:
INTERROGATORY NO. 6:
Please state the factual basis upon which you “Denied as phrased” paragraph 11 of the Complaint,
that “On October 1, 2020, twenty-four months after the first payment date, the entire unpaid
principal balance of the Promissory Note, plus all accrued and unpaid interest came due.”
RESPONSE:
INTERROGATORY NO. 7:
Please state the factual basis upon which you “Denied as phrased” paragraph 13 of the Complaint,
that “Following the Maturity Date, and following the Demand, defendants LIFESTYLE and
NUZZO failed to pay to plaintiffs HORGAN entire unpaid principal balance of the Promissory
Note, plus all accrued and unpaid interest.”
RESPONSE:Plaintiff's First Set of
Interrogatories to Lifestyle By Design, LLC
Page 6
INTERROGATORY NO. 8:
Please state the factual basis upon which you “Denied” paragraph 14 of the Complaint, that “As
of October 5, 2020, the amount that was due and owing on the Promissory Note is $235,424.86.”
If $235,424.86 is not the correct amount that is due and owing, please state the amount you allege
is correct to be due and owing.
RESPONSE:
Ihave read the foregoing Answers to Interrogatories and do swear that they are true and correct to
the best of my knowledge and belief.
LIFESTYLE BY DESIGN, LLC
By:
Name:
Its:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of O physical presence or 0
online notarization, this day of 2021 by who is
personally known to me or has produced (type of identification) as
identification.
[Notary Seal] Notary Public
Name typed, printed or stamped
My Commission Expires:Plaintiff's First Set of
Interrogatories to Lifestyle By Design, LLC
Page7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been
furnished to: Carlos A Zeigenhirt, Esq., 1190 S. Le June Road, Miami, Florida 33134 at
carlos@caz-law.com via email mail pursuant to Rule 2.516 and the Florida Courts e-filing portal
on this 4" day of December, 2020.
KEITH D. SILVERSTEIN, P.A.
Attorney for Plaintiff
1111 Brickell Avenue, Suite 1550
Miami, Florida 33131
Tel: (305) 868-0200
Fax: (305) 868-1045
e-mail: keith@silversteinpa.com
By: __/s/ Keith D. Silverstein
Keith D. Silverstein, Esq.
Florida Bar Number: 086820Filing # 117642315 E-Filed 12/04/2020 08:24:04 AM
IN THE CIRCUIT COURT OF THE
17" JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE-20-016579 (21)
JASON HORGAN and ROBIN HORGAN,
individuals,
Plaintiff,
vs.
LIFESTYLE BY DESIGN, LLC, a Florida
limited liability company, and C. ANA
NUZZO, an individual,
Defendants.
/
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION
TO DEFENDANT LIFESTYLE BY DESIGN, LLC
COMES NOW, plaintiffs, JASON HORGAN and ROBIN HORGAN, individuals
(together, “Plaintiffs”), by and through its undersigned counsel, serves defendant, LIFESTYLE
BY DESIGN, LLC, a Florida limited liability company, (“Defendant”), with Plaintiff's First
Request for Production, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure:
I. DEFINITIONS
1. The term “you” or “your” or “Defendant” means LIFESTYLE BY DESIGN,
LLC.
2. The term “Plaintiffs” means JASON HORGAN and ROBIN HORGAN.
3. “Note” means the Promissory Note, a true and correct copy of which is attached to
the Complaint as Exhibit “A,” and recorded on August 30, 2018 at Instr. #115296212 of the
Official Records of Broward County.
4. “Document” or “documents” as used herein shall mean the original and any copy,
regardless of its original and location, of any writing or other tangible thing containing written or
graphic matter, whether printed, recorded, reproduced by any process, or written or produced by
hand, including, but not limited to the following: all abstracts, accounting journals, accounting
ledgers, advertisements, affidavits, agendas, agreements or proposed agreements (including drafts,Plaintiff’s First Request for Production
Page 2
proposals and any and all exhibits thereto), analyses, appointment books, appraisals, articles,
agreements, articles of incorporation, balance sheets, bank checks, bank deposit or withdrawal
slips, bank credit or debt memoranda, bank statements, books, books of account, brochures,
budgets, bylaws, canceled checks, certificates, charts, checks, circulars, codes, communications,
communications with governmental entities or agencies, computer data or printouts, conferences,
contracts, corporate severance documents, correspondence, data processing materials, data sheets,
desk calendars, diaries, disks or data compilations from which information can be obtained or
translated, drafts of any documents and revisions of drafts of any documents, drawings,
electromagnetic tapes, electronic mail, electronic files, expressions or statements of policy, files,
films, financial calculations, financial projections, financial statements, graphs, graphics,
forecasts, handwritten notes or comments however produced or reproduced, indexes, insertions,
inspections, instructions, internal accounting records, interoffice communications, intraoffice
communications, invoices, laboratory and engineering reports, ledgers, letters, lists, lists of persons
attending meetings or conferences, logbooks, manuals, memoranda, minutes, minutes of meetings,
models, newspaper or magazine articles, nonconforming copies which contain deletions, notations
or records of meetings, notes, notebooks, notices of wire transfer of funds, opinions or reports of
consultants, outlines, pamphlets, papers, passbooks, periodicals, photocopies, photographs,
pictures, plans, preliminary drafts, press releases, proposals, publications, punch cards, purchase
orders, raw and refined data, receipts, recommendations, records, recordings, records of
conferences, conversations or meetings, records of payment, reports, reports and/or summaries of
investigations, resolutions, results of investigations, schedules, shipping papers, software,
specifications, speeches, statements of account, statistical statements, stock certificates, studies,
summaries, summaries of interviews, surveys, tabulations, tape recordings, tax returns, telegrams,
telephone logs and records, telephone and other conversations or communications, teletypes,
telexes, transcripts, transcripts of tape recordings, trade letters, voice records, vouchers, work
papers, worksheets, written notations, and any and all other papers similar to any of the foregoing.
The term “document” shall include data stored, maintained or organized electronically,
magnetically or through the use of computer equipment, in native format or translated, if necessary,
by you into reasonably usable form. Any document containing any alterations, comments, notes
or other material not included in the copies or originals referred to in the preceding definition shall
be deemed a separate document within said definition. A document shall include all exhibits,
schedules or other writings affected by or referenced in any such document or other writings
necessary to complete the information contained therein or to assume that the document is not
misleading.
5. “Communication” means any oral, electronic, or written utterance, notation or
statement of any nature whatsoever, by or whomsoever made, including, but not limited to,
correspondence, conversations, dialogues, discussions, interviews, consultations, agreements, and
other understandings between or among two or more persons.
6. “And” and “or” as used herein are terms of inclusion and not of exclusion, and shall
be construed either disjunctively or conjunctively as necessary to bring within the scope of the
Request for Production of documents any document or information that might otherwise be
construed to be outside its scope.
7. “Any” means one or more.Plaintiff’s First Request for Production
Page 3
no «,
8. “Describe,” “discuss,” “analyze,” “describing,” “discussing,” or “analyzing” mean
any document that, in whole or in part, characterizes, delineates, explicates, deliberates, evaluates,
appraises, assesses or provides a general explanation of the specified subject.
9. “Person” means any natural person, corporation, partnership, company, sole
proprietorship, association, trust, institute, joint venture, firm, governmental body, or other legal
or business entity, whether privately or publicly owned or controlled, for profit or not-for-profit,
or partially or fully government owned or controlled.
10. “Relate to,” “related to” and “relating to” mean to make a statement about, refer to,
concern, contain, comprise, consist, discuss, define, describe, evidence, identify, mention, pertain,
reflect, or in any way logically or factually connected with the matter discussed or to which
reference is made, in whole or in part, or otherwise to be used, considered, or reviewed in any way
in connection with the specified subject. Thus, documents that “relate to” a subject also include
those which were specifically rejected and those which were not relied or acted upon.
11. The singular form of a noun or pronoun shall be considered to include within its
meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun or
pronoun shall be considered to include within its meaning the feminine form of the noun or
pronoun, and vice versa.
12. Regardless of the tense employed, all verbs shall be read as applying to the past,
present and future as is necessary to make any paragraph more, rather than less, inclusive.
Il. INSTRUCTIONS
1. Privilege. If you contend that you are entitled to withhold information falling within
the purview of this First Set of Interrogatories on the basis of the attorney-client privilege, the
work-product doctrine, or any other ground, such information should be identified by providing a
description of the following: A. Describe the subject matter of the information in enough detail to
determine the validity of the claimed privilege; B. Identify the person(s) who have knowledge or
who have transmitted said information; C. State the nature and basis of the privilege or other
ground claimed for withholding the information and; D. The date such information was transmitted
to or by you.
2. Documents. If a document, or documents will provide the requested information,
attach the document(s) to your responses and indicate the Interrogatory to which the document(s)
is/are responsive.
3. You must produce all documents within your care, custody or control that are
responsive to any of these requests. A document is within your care, custody or control if you have the
right or ability to secure the document or a copy thereof from any other person having physical
possession thereof.
4. If you at any time had possession, custody or control of a document called for under
this request 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,
3Plaintiff’s First Request for Production
Page 4
or separation from possession, custody or control and the circumstances surrounding its loss,
destruction, purge, or separation from possession, custody or control.
5. 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.
REQUESTS
1. Any and all Documents mentioning, relating to or reflecting all amounts you claim
you paid to Plaintiffs pursuant to the Note, including, but not limited to, any statements, ledgers
or cancelled checks.
2. Please produce all bank statements, canceled checks, and any other evidence of
payment that show how the payments described in Request “1” were made and when those
payments were made.
3. Any and all communications between you and Plaintiffs relating to the Note that is
the subject of this action including, but not limited to, any agreements or discussions to extend the
agreement, and amounts that have been paid in satisfaction of the amounts claimed to be due and
owing in this action. Please show when the communication took place, the name of each person
who participated in the communication, and the substance of such communication.
4. Any and all communications between you and Plaintiffs prior the filing of this
lawsuit.
5. Any and all Documents which support your affirmative defenses in response to the
complaint.
6. Please produce copies of any other Document that you expect to seek to introduce
into evidence at the trial of this matter. If none, state “none.”Plaintiff’s First Request for Production
Page 5
7. Any and all Documents which support Defendants’ assertion that “Plaintiffs have
failed to satisfy a condition precedent to bringing the instant action” as alleged in the second
affirmative defense in response to the complaint.
8. Please produce all documents that support or prove each and every paragraph that
you denied in the Plaintiff's complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been
furnished to: Carlos A Zeigenhirt, Esq., 1190 S. Le June Road, Miami, Florida 33134 at
carlos@caz-law.com via email mail pursuant to Rule 2.516 and the Florida Courts e-filing portal
on this 4" day of December, 2020.
KEITH D. SILVERSTEIN, P.A.
Attorney for Plaintiff
1111 Brickell Avenue, Suite 1550
Miami, Florida 33131
Tel: (305) 868-0200
Fax: (305) 868-1045
e-mail: keith@silversteinpa.com
By: __/s/ Keith D. Silverstein
Keith D. Silverstein, Esq.
Florida Bar Number: 086820Exhibit BFiling # 119753718 E-Filed 01/16/2021 06:00:03 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. CACE20016579| DIVISION 21. JUDGE Michele Towbin Singer
Jason Horgan, et al
Plaintiff(s) / Petitioner(s)
Vv.
Lifestyle By Design LLC, et al
Defendant(s) / Respondent(s)
/
AGREED ORDER ON DEFENDANT'S MOTION FOR EXTENSION OF TME
THIS CAUSE came before the Court upon Defendants, Lifestyle by Design, LLC and C. ANA
Nuzzo's Motion for Extension of Time to respond to Plaintiffs Discovery Requests (the
“Motion”). The Court has considered the same and is otherwise fully advised in the premises.
It is thereupon:
ORDERED AND ADJUDGED that:
1. Defendants’ Motion is hereby GRANTED.
2. Defendants shall respond to the First Set of Interrogatories and First Request for production
served by Plaintiffs on December 4, 2020 within 15 days from the date of this order.
DONE and ORDERED in Chambers, at Broward County, Florida on 01-16-2021.
CACGERPCLEOSTO O-
CACE20016579 01-16-2021 4:55 PM
Hon. Michele Towbin Singer
CIRCUIT JUDGE
Electronically Signed by Michele Towbin Singer
Copies Furnished To:
Carlos A Ziegenhirt , E-mail : carlos@caz-law.com
Keith David Silverstein , E-mail : service@silversteinpa.com
Keith David Silverstein , E-mail : keith@silversteinpa.comExhibit C3/6/2021 Keith D. Silverstein P.A. Mail - Re: FW: SERVICE OF COURT DOCUMENT CASE NUMBER 062020CA016579AXXXCE HORGAN, JASO.
™ Gmail Keith Silverstein
Re: FW: SERVICE OF COURT DOCUMENT CASE NUMBER 062020CA016579AXXXCE HORGAN, JASON VS.
LIFESTYLE BY DESIGN LLC
4 message
Keith Silverstein Tue, Feb 9, 2021 at 9:30 AM
To: “Carlos A. Ziegenhirt, Esq.”
Carlos: Please consider this a good faith attempt to obtain the discovery responses that were originally served by Plaintiff on December 4, 2020, and pursuant to
an Agreed Order on defendants’ motion for an extension of time, were to be provided on or before February 1, 2021. If we do not receive a satisfactory reply, we
will have no alternative but to make a motion to compel.
| look forward to your response.
Keith D. Silverstein, Esq. | Attorney At Law
1111 Brickell Avenue, Suite 1550 | Miami, Florida 33131
(Tel) 305.868.0200 | (Fax) 305.868-1045 | (Cell) 786.351.5800
On Fri, Jan 15, 2021 at 11:56 PM Carlos A. Ziegenhirt, Esq. wrote:
Keith:
Thank you for your prompt response and | agree to the proposed language with one exception, it does not indicate a time frame by which my client must
respond. Will you agree to 15 days? If yes, please amend to state ‘Defendants shall respond to the First Set of Interrogatories and First Request for production
served by Plaintiffs on December 4, 2020 within 15 days from the date of this order.”
Please advise
Carlos A. Ziegenhirt, Esq.
Carlos A. Ziegenhirt, P.A.
1190 S. LeJeune Road
Miami, FL 33134
Tel: (305) 666-1330
Fax: (305) 443-0986
Email: carlos@caz-law.com
From: Keith Silverstein
Sent: Friday, January 15, 2021 7:17 PM
To: Carlos A. Ziegenhirt, Esq.
Subject: Re: FW: SERVICE OF COURT DOCUMENT CASE NUMBER 062020CA016579AXXXCE HORGAN, JASON VS LIFESTYLE BY DESIGN LLC
Carlos: Please advise if you will agree to the following proposed Order on Defendants’ motion. If so, | will fle as an Agreed Order:
THIS CAUSE came before the Court upon Defendants, Lifestyle by Design, LLC and C. ANA Nuzzo's Motion for Extension of Time to respond to
Plaintiff's Discovery Requests (the “Motion’). The Court has considered the same and is otherwise fully advised in the premises. It is thereupon:
ORDERED AND ADJUDGED that:
1, Defendants' Motion is hereby GRANTED.
2. Defendants shall respond to the First Set of Interrogatories and First Request for production served by Plaintiffs on December 4, 2020.
Keith D. Silverstein, Esq. | Attorney At Law
1111 Brickell Avenue, Suite 1550 | Miami, Florida 33131
(Tel) 305.868.0200 | (Fax) 305.868-1045 | (Cell) 786.351.5800
On Wed, Jan 13, 2021 at 3:39 PM Carlos A. Ziegenhirt, Esq. wrote’
Notice of Service of Court Documents
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Filing Information
Filing #: 119575875
Filing Time: 01/13/2021 03:36:35 PM ET
Filer: Carlos A Ziegenhirt 305-666-1330
Court: Seventeenth Judicial Circuit in and for Broward County, Florida
Case #: 062020CA016579AXXXCE
Court Case #: CACE-20-016579
Case Style: HORGAN, JASON VS LIFESTYLE BY DESIGN LLC
Documents
[Title Fite
|Motion For Extension Of Time
[Defendants Motion for Extension of Time to Respond to Discovery
IRequests.pdf
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Filing # 123049918 E-Filed 03/13/2021 11:40:47 AM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-20-016579 (21) JASON HORGAN and ROBIN HORGAN, individuals, Plaintiff, vs. LIFESTYLE BY DESIGN, LLC, a Florida limited liability company, and C. ANA NUZZO, an individual, Defendants. / PLAINTIFFS’? AMENDED MOTION TO COMPEL (Amended only as to the caption of the motion) COMES NOW, plaintiffs, JASON HORGAN and ROBIN HORGAN, individuals (together, “Plaintiffs”), by and through its undersigned counsel, and file this Motion to Compel Compliance with Court Order, and in support thereof state as follows: 1. This is an action for breach of a promissory note in the amount of $235,000.00 that matured on October 1, 2020 in which defendants LIFESTYLE BY DESIGN, LLC and C. ANA NUZZO (“Defendants”) have failed to pay the outstanding balance that is due. 2. On December 4, 2020, Plaintiffs served a First Set of Interrogatories and First Request for Production (“Discovery Requests”) (A true and correct copy of the Discovery Requests is attached hereto as Exhibit “A”). 3. Pursuant to Rule 1.350, Fla. R. Civ. P., the Discovery Requests was due within thirty (30) days of said service, to wit: January 4, 2021. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/13/2021 11:40:47 AM.****Plaintiffs’ Amended Motion to Compel Page 2 4. On January 13, 2021, Defendants filed a motion for extension of time to respond to Plaintiffs’ Discovery Requests, after which the parties entered into an Agreed Order extending the time for Defendants to respond to February 1, 2021. (A true and correct copy of the Agreed Order is attached hereto as Exhibit “B”). 5. On February 9, 2021, after Defendants failed to comply with the Agreed Order, and in a good faith attempt to obtain compliance, Plaintiffs’ counsel sent correspondence to Defendants’ counsel stating: Please consider this a good faith attempt to obtain the discovery responses that were originally served by Plaintiff on December 4, 2020, and pursuant to an Agreed Order on defendants’ motion for an extension of time, were to be provided on or before February 1, 2021. If we do not receive a satisfactory reply, we will have no alternative but to make a motion to compel. (A copy of email correspondence, dated February 9, 2021 is annexed hereto as Exhibit “C”) 6. Defendants’ failure to timely comply with the Agreed Order operates as a complete waiver of objections and therefore an order compelling all of the documents sought in the Discovery Requests is warranted. See, e.g, Allstate v. Langston on behalf of Langston, 627 So. 2d 1178 (Fla. 4th DCA 1993)(“failure to file timely objections ordinarily constitutes a waiver of discovery objections”); American Funding, Ltd. v. Hill, 402 So. 2d 1369 (Fla. Ist DCA 1981); Don Mott Agency, Inc. v. Pullum, 352 (Fla. 2d 107 (Fla. 2d. DCA 1977). All objections, except privilege, have been waived. Jnswrance Company of North America v. Noya, 398 So.2d 836 (Fla. 1981); American Funding Limited v Hill Jr., 402 So.2d 1369 (Fla. 1981). 7. The requested discovery and materials are relevant and necessary for the prosecution of this case and reasonably calculated to lead to evidence admissible at trial. Plaintiffs have been prejudiced by Defendants’ failure to comply with applicable rules of discovery.Plaintiffs’ Amended Motion to Compel Page 3 8. Furthermore, pursuant to Rule 1.380(a)(4), this court should award Plaintiffs their attorney’s fees incurred in filing this motion. 9. Rule 1.380(4) specifically provides: “If the motion is granted and after opportunity for hearing, the court shall require the party or deponent whose conduct necessitated the motion or the party or counsel advising the conduct to pay the moving party the reasonable expenses incurred in obtaining the order that may include attorney’s’ fees, unless the court finds that the Movant failed to certify in the motion that a good faith effort was made to obtain the discovery without court action, that the opposition to the motion was justified, or that other circumstances make an award of expenses unjust.” 10. Here, as detailed above, undersigned counsel has attempted to obtain the discovery without the need for court intervention as required by Rule 1.380. Plaintiffs have simply refused to respond to the Discovery Requests after months within which to obtain and respond to the requests. As such, no circumstances exist here that would make an award of fees unjust. WHEREFORE, Plaintiffs respectfully request that this Court enter an Order finding that Defendants have waived all objections and compelling Defendant to produce all responsive records to Plaintiffs’ First Request for Production and First Set of Interrogatories to Defendants within ten (10) days of said Order, together with any and all further relief this Court finds necessary or just. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been furnished to: Carlos A Zeigenhirt, Esq., 1190 S. Le June Road, Miami, Florida 33134 at carlos@caz-law.com via email mail pursuant to Rule 2.516 and the Florida Courts e-filing portal on this 13" day of March, 2021.Plaintiffs’ Amended Motion to Compel Page 4 KEITH D. SILVERSTEIN, P.A. Attorney for Plaintiffs 1111 Brickell Avenue, Suite 1550 Miami, Florida 33131 Tel: (305) 868-0200 Fax: (305) 868-1045 e-mail: keith@silversteinpa.com By: __/s/ Keith D. Silverstein Keith D. Silverstein, Esq. Florida Bar Number: 086820Exhibit AFiling # 117642315 E-Filed 12/04/2020 08:24:04 AM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-20-016579 (21) JASON HORGAN and ROBIN HORGAN, individuals, Plaintiff, vs. LIFESTYLE BY DESIGN, LLC, a Florida limited liability company, and C. ANA NUZZO, an individual, Defendants. / PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANT LIFESTYLE BY DESIGN, LLC COMES NOW, plaintiffs, JASON HORGAN and ROBIN HORGAN, individuals, by and through its undersigned counsel, serves defendant, LIFESTYLE BY DESIGN, LLC, a Florida limited liability company, with Plaintiff’s First Set of Interrogatories, to be answered under oath in writing within thirty (30) days, pursuant to Rule 1.340 of the Florida Rules of Civil Procedure: I. DEFINITIONS 1. The term “you” or “your” or “Defendant” means LIFESTYLE BY DESIGN, LLC. 2. The term “Plaintiffs” means JASON HORGAN and ROBIN HORGAN. 3. “Note” means the a Promissory Note, a true and correct copy of which is attached to the Complaint as Exhibit “A,” and recorded on August 30, 2018 at Instr. #115296212 of the Official Records of Broward County. 4. “Document” or “documents” as used herein shall mean the original and any copy, regardless of its original and location, of any writing or other tangible thing containing written or graphic matter, whether printed, recorded, reproduced by any process, or written or produced byPlaintiff's First Set of Interrogatories to Lifestyle By Design, LLC Page 2 hand, including, but not limited to the following: all abstracts, accounting journals, accounting ledgers, advertisements, affidavits, agendas, agreements or proposed agreements (including drafts, proposals and any and all exhibits thereto), analyses, appointment books, appraisals, articles, agreements, articles of incorporation, balance sheets, bank checks, bank deposit or withdrawal slips, bank credit or debt memoranda, bank statements, books, books of account, brochures, budgets, bylaws, canceled checks, certificates, charts, checks, circulars, codes, communications, communications with governmental entities or agencies, computer data or printouts, conferences, contracts, corporate severance documents, correspondence, data processing materials, data sheets, desk calendars, diaries, disks or data compilations from which information can be obtained or translated, drafts of any documents and revisions of drafts of any documents, drawings, electromagnetic tapes, electronic mail, electronic files, expressions or statements of policy, files, films, financial calculations, financial projections, financial statements, graphs, graphics, forecasts, handwritten notes or comments however produced or reproduced, indexes, insertions, inspections, instructions, internal accounting records, interoffice communications, intraoffice communications, invoices, laboratory and engineering reports, ledgers, letters, lists, lists of persons attending meetings or conferences, logbooks, manuals, memoranda, minutes, minutes of meetings, models, newspaper or magazine articles, nonconforming copies which contain deletions, notations or records of meetings, notes, notebooks, notices of wire transfer of funds, opinions or reports of consultants, outlines, pamphlets, papers, passbooks, periodicals, photocopies, photographs, pictures, plans, preliminary drafts, press releases, proposals, publications, punch cards, purchase orders, raw and refined data, receipts, recommendations, records, recordings, records of conferences, conversations or meetings, records of payment, reports, reports and/or summaries of investigations, resolutions, results of investigations, schedules, shipping papers, software, specifications, speeches, statements of account, statistical statements, stock certificates, studies, summaries, summaries of interviews, surveys, tabulations, tape recordings, tax returns, telegrams, telephone logs and records, telephone and other conversations or communications, teletypes, telexes, transcripts, transcripts of tape recordings, trade letters, voice records, vouchers, work papers, worksheets, written notations, and any and all other papers similar to any of the foregoing. The term “document” shall include data stored, maintained or organized electronically, magnetically or through the use of computer equipment, in native format or translated, if necessary, by you into reasonably usable form. Any document containing any alterations, comments, notes or other material not included in the copies or originals referred to in the preceding definition shall be deemed a separate document within said definition. A document shall include all exhibits, schedules or other writings affected by or referenced in any such document or other writings necessary to complete the information contained therein or to assume that the document is not misleading. 5. “Communication” means any oral, electronic, or written utterance, notation or statement of any nature whatsoever, by or whomsoever made, including, but not limited to, correspondence, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings between or among two or more persons. 6. “And” and “or” as used herein are terms of inclusion and not of exclusion, and shall be construed either disjunctively or conjunctively as necessary to bring within the scope of thePlaintiff's First Set of Interrogatories to Lifestyle By Design, LLC Page 3 Request for Production of documents any document or information that might otherwise be construed to be outside its scope. 7. “Any” means one or more. 8. “Describe,” “discuss,” “analyze,” “describing,” “discussing,” or “analyzing” mean any document that, in whole or in part, characterizes, delineates, explicates, deliberates, evaluates, appraises, assesses or provides a general explanation of the specified subject. 9. “Person” means any natural person, corporation, partnership, company, sole proprietorship, association, trust, institute, joint venture, firm, governmental body, or other legal or business entity, whether privately or publicly owned or controlled, for profit or not-for-profit, or partially or fully government owned or controlled. 10. “Relate to,” “related to” and “relating to” mean to make a statement about, refer to, concern, contain, comprise, consist, discuss, define, describe, evidence, identify, mention, pertain, reflect, or in any way logically or factually connected with the matter discussed or to which reference is made, in whole or in part, or otherwise to be used, considered, or reviewed in any way in connection with the specified subject. Thus, documents that “relate to” a subject also include those which were specifically rejected and those which were not relied or acted upon. 11. The singular form of a noun or pronoun shall be considered to include within its meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun or pronoun shall be considered to include within its meaning the feminine form of the noun or pronoun, and vice versa. 12. Regardless of the tense employed, all verbs shall be read as applying to the past, present and future as is necessary to make any paragraph more, rather than less, inclusive. II. INSTRUCTIONS 1. Privilege. If you contend that you are entitled to withhold information falling within the purview of this First Set of Interrogatories on the basis of the attorney-client privilege, the work-product doctrine, or any other ground, such information should be identified by providing a description of the following: A. Describe the subject matter of the information in enough detail to determine the validity of the claimed privilege; B. Identify the person(s) who have knowledge or who have transmitted said information; C. State the nature and basis of the privilege or other ground claimed for withholding the information and; D. The date such information was transmitted to or by you. 2. Documents. If a document, or documents will provide the requested information, attach the document(s) to your responses and indicate the Interrogatory to which the document(s) is/are responsive.Plaintiff's First Set of Interrogatories to Lifestyle By Design, LLC Page 4 INTERROGATORIES TO PLAINTIFF INTERROGATORY NO. 1: State the name, address, telephone number, and relationship to you of each person who prepared, or assisted in the preparation of, the responses to these interrogatories. RESPONSE: INTERROGATORY NO. 2: Please state the names, addresses, and telephone numbers of all persons known to you who have personal knowledge of all facts and circumstances raised in the complaint, any defenses that You may have to the claims in the complaint, along with a brief description of what knowledge each person may have. These persons should be listed regardless of whether or not you expect to call them as witnesses during trial. RESPONSE: INTERROGATORY NO. 3: Please state with specificity all facts which support your third affirmative defense that “Defendants allege that the amounts alleged as due and owing in the Compliant are incorrect and incorporate amounts which are not due including, but not limited to interest, late fees and costs. Furthermore, Plaintiffs have failed to credit amounts paid by Defendants towards the debt, which also results in the amount claimed as due being incorrect.” RESPONSE:Plaintiff's First Set of Interrogatories to Lifestyle By Design, LLC Page 5 INTERROGATORY NO. 4: Please state the date on which all outstanding principal and accrued and unpaid interest was due and payable. RESPONSE: INTERROGATORY NO. 5: Please state the amount of all outstanding principal and accrued and unpaid interest that became due and payable on the Maturity Date (as defined in the Note). RESPONSE: INTERROGATORY NO. 6: Please state the factual basis upon which you “Denied as phrased” paragraph 11 of the Complaint, that “On October 1, 2020, twenty-four months after the first payment date, the entire unpaid principal balance of the Promissory Note, plus all accrued and unpaid interest came due.” RESPONSE: INTERROGATORY NO. 7: Please state the factual basis upon which you “Denied as phrased” paragraph 13 of the Complaint, that “Following the Maturity Date, and following the Demand, defendants LIFESTYLE and NUZZO failed to pay to plaintiffs HORGAN entire unpaid principal balance of the Promissory Note, plus all accrued and unpaid interest.” RESPONSE:Plaintiff's First Set of Interrogatories to Lifestyle By Design, LLC Page 6 INTERROGATORY NO. 8: Please state the factual basis upon which you “Denied” paragraph 14 of the Complaint, that “As of October 5, 2020, the amount that was due and owing on the Promissory Note is $235,424.86.” If $235,424.86 is not the correct amount that is due and owing, please state the amount you allege is correct to be due and owing. RESPONSE: Ihave read the foregoing Answers to Interrogatories and do swear that they are true and correct to the best of my knowledge and belief. LIFESTYLE BY DESIGN, LLC By: Name: Its: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of O physical presence or 0 online notarization, this day of 2021 by who is personally known to me or has produced (type of identification) as identification. [Notary Seal] Notary Public Name typed, printed or stamped My Commission Expires:Plaintiff's First Set of Interrogatories to Lifestyle By Design, LLC Page7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been furnished to: Carlos A Zeigenhirt, Esq., 1190 S. Le June Road, Miami, Florida 33134 at carlos@caz-law.com via email mail pursuant to Rule 2.516 and the Florida Courts e-filing portal on this 4" day of December, 2020. KEITH D. SILVERSTEIN, P.A. Attorney for Plaintiff 1111 Brickell Avenue, Suite 1550 Miami, Florida 33131 Tel: (305) 868-0200 Fax: (305) 868-1045 e-mail: keith@silversteinpa.com By: __/s/ Keith D. Silverstein Keith D. Silverstein, Esq. Florida Bar Number: 086820Filing # 117642315 E-Filed 12/04/2020 08:24:04 AM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-20-016579 (21) JASON HORGAN and ROBIN HORGAN, individuals, Plaintiff, vs. LIFESTYLE BY DESIGN, LLC, a Florida limited liability company, and C. ANA NUZZO, an individual, Defendants. / PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANT LIFESTYLE BY DESIGN, LLC COMES NOW, plaintiffs, JASON HORGAN and ROBIN HORGAN, individuals (together, “Plaintiffs”), by and through its undersigned counsel, serves defendant, LIFESTYLE BY DESIGN, LLC, a Florida limited liability company, (“Defendant”), with Plaintiff's First Request for Production, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure: I. DEFINITIONS 1. The term “you” or “your” or “Defendant” means LIFESTYLE BY DESIGN, LLC. 2. The term “Plaintiffs” means JASON HORGAN and ROBIN HORGAN. 3. “Note” means the Promissory Note, a true and correct copy of which is attached to the Complaint as Exhibit “A,” and recorded on August 30, 2018 at Instr. #115296212 of the Official Records of Broward County. 4. “Document” or “documents” as used herein shall mean the original and any copy, regardless of its original and location, of any writing or other tangible thing containing written or graphic matter, whether printed, recorded, reproduced by any process, or written or produced by hand, including, but not limited to the following: all abstracts, accounting journals, accounting ledgers, advertisements, affidavits, agendas, agreements or proposed agreements (including drafts,Plaintiff’s First Request for Production Page 2 proposals and any and all exhibits thereto), analyses, appointment books, appraisals, articles, agreements, articles of incorporation, balance sheets, bank checks, bank deposit or withdrawal slips, bank credit or debt memoranda, bank statements, books, books of account, brochures, budgets, bylaws, canceled checks, certificates, charts, checks, circulars, codes, communications, communications with governmental entities or agencies, computer data or printouts, conferences, contracts, corporate severance documents, correspondence, data processing materials, data sheets, desk calendars, diaries, disks or data compilations from which information can be obtained or translated, drafts of any documents and revisions of drafts of any documents, drawings, electromagnetic tapes, electronic mail, electronic files, expressions or statements of policy, files, films, financial calculations, financial projections, financial statements, graphs, graphics, forecasts, handwritten notes or comments however produced or reproduced, indexes, insertions, inspections, instructions, internal accounting records, interoffice communications, intraoffice communications, invoices, laboratory and engineering reports, ledgers, letters, lists, lists of persons attending meetings or conferences, logbooks, manuals, memoranda, minutes, minutes of meetings, models, newspaper or magazine articles, nonconforming copies which contain deletions, notations or records of meetings, notes, notebooks, notices of wire transfer of funds, opinions or reports of consultants, outlines, pamphlets, papers, passbooks, periodicals, photocopies, photographs, pictures, plans, preliminary drafts, press releases, proposals, publications, punch cards, purchase orders, raw and refined data, receipts, recommendations, records, recordings, records of conferences, conversations or meetings, records of payment, reports, reports and/or summaries of investigations, resolutions, results of investigations, schedules, shipping papers, software, specifications, speeches, statements of account, statistical statements, stock certificates, studies, summaries, summaries of interviews, surveys, tabulations, tape recordings, tax returns, telegrams, telephone logs and records, telephone and other conversations or communications, teletypes, telexes, transcripts, transcripts of tape recordings, trade letters, voice records, vouchers, work papers, worksheets, written notations, and any and all other papers similar to any of the foregoing. The term “document” shall include data stored, maintained or organized electronically, magnetically or through the use of computer equipment, in native format or translated, if necessary, by you into reasonably usable form. Any document containing any alterations, comments, notes or other material not included in the copies or originals referred to in the preceding definition shall be deemed a separate document within said definition. A document shall include all exhibits, schedules or other writings affected by or referenced in any such document or other writings necessary to complete the information contained therein or to assume that the document is not misleading. 5. “Communication” means any oral, electronic, or written utterance, notation or statement of any nature whatsoever, by or whomsoever made, including, but not limited to, correspondence, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings between or among two or more persons. 6. “And” and “or” as used herein are terms of inclusion and not of exclusion, and shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the Request for Production of documents any document or information that might otherwise be construed to be outside its scope. 7. “Any” means one or more.Plaintiff’s First Request for Production Page 3 no «, 8. “Describe,” “discuss,” “analyze,” “describing,” “discussing,” or “analyzing” mean any document that, in whole or in part, characterizes, delineates, explicates, deliberates, evaluates, appraises, assesses or provides a general explanation of the specified subject. 9. “Person” means any natural person, corporation, partnership, company, sole proprietorship, association, trust, institute, joint venture, firm, governmental body, or other legal or business entity, whether privately or publicly owned or controlled, for profit or not-for-profit, or partially or fully government owned or controlled. 10. “Relate to,” “related to” and “relating to” mean to make a statement about, refer to, concern, contain, comprise, consist, discuss, define, describe, evidence, identify, mention, pertain, reflect, or in any way logically or factually connected with the matter discussed or to which reference is made, in whole or in part, or otherwise to be used, considered, or reviewed in any way in connection with the specified subject. Thus, documents that “relate to” a subject also include those which were specifically rejected and those which were not relied or acted upon. 11. The singular form of a noun or pronoun shall be considered to include within its meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun or pronoun shall be considered to include within its meaning the feminine form of the noun or pronoun, and vice versa. 12. Regardless of the tense employed, all verbs shall be read as applying to the past, present and future as is necessary to make any paragraph more, rather than less, inclusive. Il. INSTRUCTIONS 1. Privilege. If you contend that you are entitled to withhold information falling within the purview of this First Set of Interrogatories on the basis of the attorney-client privilege, the work-product doctrine, or any other ground, such information should be identified by providing a description of the following: A. Describe the subject matter of the information in enough detail to determine the validity of the claimed privilege; B. Identify the person(s) who have knowledge or who have transmitted said information; C. State the nature and basis of the privilege or other ground claimed for withholding the information and; D. The date such information was transmitted to or by you. 2. Documents. If a document, or documents will provide the requested information, attach the document(s) to your responses and indicate the Interrogatory to which the document(s) is/are responsive. 3. You must produce all documents within your care, custody or control that are responsive to any of these requests. A document is within your care, custody or control if you have the right or ability to secure the document or a copy thereof from any other person having physical possession thereof. 4. If you at any time had possession, custody or control of a document called for under this request 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, 3Plaintiff’s First Request for Production Page 4 or separation from possession, custody or control and the circumstances surrounding its loss, destruction, purge, or separation from possession, custody or control. 5. 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. REQUESTS 1. Any and all Documents mentioning, relating to or reflecting all amounts you claim you paid to Plaintiffs pursuant to the Note, including, but not limited to, any statements, ledgers or cancelled checks. 2. Please produce all bank statements, canceled checks, and any other evidence of payment that show how the payments described in Request “1” were made and when those payments were made. 3. Any and all communications between you and Plaintiffs relating to the Note that is the subject of this action including, but not limited to, any agreements or discussions to extend the agreement, and amounts that have been paid in satisfaction of the amounts claimed to be due and owing in this action. Please show when the communication took place, the name of each person who participated in the communication, and the substance of such communication. 4. Any and all communications between you and Plaintiffs prior the filing of this lawsuit. 5. Any and all Documents which support your affirmative defenses in response to the complaint. 6. Please produce copies of any other Document that you expect to seek to introduce into evidence at the trial of this matter. If none, state “none.”Plaintiff’s First Request for Production Page 5 7. Any and all Documents which support Defendants’ assertion that “Plaintiffs have failed to satisfy a condition precedent to bringing the instant action” as alleged in the second affirmative defense in response to the complaint. 8. Please produce all documents that support or prove each and every paragraph that you denied in the Plaintiff's complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been furnished to: Carlos A Zeigenhirt, Esq., 1190 S. Le June Road, Miami, Florida 33134 at carlos@caz-law.com via email mail pursuant to Rule 2.516 and the Florida Courts e-filing portal on this 4" day of December, 2020. KEITH D. SILVERSTEIN, P.A. Attorney for Plaintiff 1111 Brickell Avenue, Suite 1550 Miami, Florida 33131 Tel: (305) 868-0200 Fax: (305) 868-1045 e-mail: keith@silversteinpa.com By: __/s/ Keith D. Silverstein Keith D. Silverstein, Esq. Florida Bar Number: 086820Exhibit BFiling # 119753718 E-Filed 01/16/2021 06:00:03 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE20016579| DIVISION 21. JUDGE Michele Towbin Singer Jason Horgan, et al Plaintiff(s) / Petitioner(s) Vv. Lifestyle By Design LLC, et al Defendant(s) / Respondent(s) / AGREED ORDER ON DEFENDANT'S MOTION FOR EXTENSION OF TME THIS CAUSE came before the Court upon Defendants, Lifestyle by Design, LLC and C. ANA Nuzzo's Motion for Extension of Time to respond to Plaintiffs Discovery Requests (the “Motion”). The Court has considered the same and is otherwise fully advised in the premises. It is thereupon: ORDERED AND ADJUDGED that: 1. Defendants’ Motion is hereby GRANTED. 2. Defendants shall respond to the First Set of Interrogatories and First Request for production served by Plaintiffs on December 4, 2020 within 15 days from the date of this order. DONE and ORDERED in Chambers, at Broward County, Florida on 01-16-2021. CACGERPCLEOSTO O- CACE20016579 01-16-2021 4:55 PM Hon. Michele Towbin Singer CIRCUIT JUDGE Electronically Signed by Michele Towbin Singer Copies Furnished To: Carlos A Ziegenhirt , E-mail : carlos@caz-law.com Keith David Silverstein , E-mail : service@silversteinpa.com Keith David Silverstein , E-mail : keith@silversteinpa.comExhibit C3/6/2021 Keith D. Silverstein P.A. Mail - Re: FW: SERVICE OF COURT DOCUMENT CASE NUMBER 062020CA016579AXXXCE HORGAN, JASO. ™ Gmail Keith Silverstein Re: FW: SERVICE OF COURT DOCUMENT CASE NUMBER 062020CA016579AXXXCE HORGAN, JASON VS. LIFESTYLE BY DESIGN LLC 4 message Keith Silverstein Tue, Feb 9, 2021 at 9:30 AM To: “Carlos A. Ziegenhirt, Esq.” Carlos: Please consider this a good faith attempt to obtain the discovery responses that were originally served by Plaintiff on December 4, 2020, and pursuant to an Agreed Order on defendants’ motion for an extension of time, were to be provided on or before February 1, 2021. If we do not receive a satisfactory reply, we will have no alternative but to make a motion to compel. | look forward to your response. Keith D. Silverstein, Esq. | Attorney At Law 1111 Brickell Avenue, Suite 1550 | Miami, Florida 33131 (Tel) 305.868.0200 | (Fax) 305.868-1045 | (Cell) 786.351.5800 On Fri, Jan 15, 2021 at 11:56 PM Carlos A. Ziegenhirt, Esq. wrote: Keith: Thank you for your prompt response and | agree to the proposed language with one exception, it does not indicate a time frame by which my client must respond. Will you agree to 15 days? If yes, please amend to state ‘Defendants shall respond to the First Set of Interrogatories and First Request for production served by Plaintiffs on December 4, 2020 within 15 days from the date of this order.” Please advise Carlos A. Ziegenhirt, Esq. Carlos A. Ziegenhirt, P.A. 1190 S. LeJeune Road Miami, FL 33134 Tel: (305) 666-1330 Fax: (305) 443-0986 Email: carlos@caz-law.com From: Keith Silverstein Sent: Friday, January 15, 2021 7:17 PM To: Carlos A. Ziegenhirt, Esq. Subject: Re: FW: SERVICE OF COURT DOCUMENT CASE NUMBER 062020CA016579AXXXCE HORGAN, JASON VS LIFESTYLE BY DESIGN LLC Carlos: Please advise if you will agree to the following proposed Order on Defendants’ motion. If so, | will fle as an Agreed Order: THIS CAUSE came before the Court upon Defendants, Lifestyle by Design, LLC and C. ANA Nuzzo's Motion for Extension of Time to respond to Plaintiff's Discovery Requests (the “Motion’). The Court has considered the same and is otherwise fully advised in the premises. It is thereupon: ORDERED AND ADJUDGED that: 1, Defendants' Motion is hereby GRANTED. 2. Defendants shall respond to the First Set of Interrogatories and First Request for production served by Plaintiffs on December 4, 2020. Keith D. Silverstein, Esq. | Attorney At Law 1111 Brickell Avenue, Suite 1550 | Miami, Florida 33131 (Tel) 305.868.0200 | (Fax) 305.868-1045 | (Cell) 786.351.5800 On Wed, Jan 13, 2021 at 3:39 PM Carlos A. Ziegenhirt, Esq. wrote’ Notice of Service of Court Documents https: //mail.google .com/mail/u/07ik=b4339 1b832&view=pt&search=all&permthid=thread-f%3A 1688805257 156562084 %7 Cmsg-a%3Ar527 101420462... 1/23/6/2021 Keith D. Silverstein P.A. Mail - Re: FW: SERVICE OF COURT DOCUMENT CASE NUMBER 062020CA016579AXXXCE HORGAN, JASO. Filing Information Filing #: 119575875 Filing Time: 01/13/2021 03:36:35 PM ET Filer: Carlos A Ziegenhirt 305-666-1330 Court: Seventeenth Judicial Circuit in and for Broward County, Florida Case #: 062020CA016579AXXXCE Court Case #: CACE-20-016579 Case Style: HORGAN, JASON VS LIFESTYLE BY DESIGN LLC Documents [Title Fite |Motion For Extension Of Time [Defendants Motion for Extension of Time to Respond to Discovery IRequests.pdf E-service recipients selected for service: IName Email Address |Carlos A Ziegenhirt |carlos@caz-law.com Keith David Silverstein keith @silversteinpa.com lservice@siiversteinpa.com E-service recipients not selected for service: Name Email Address INo Matching Entries This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not receive email. Thank you, The Florida Courts E-Filing Portal The following identifier(s) are associated with this transaction: request_id#:119575875;Audit# :405251512;UCN#:062020CA016579AXXXCE; https: //mail.google.com/mail/u/07ik=b4339 1b832&view=pt&search=all&permthid=thread-f%3A 1688805257 156562084 %7 Cmsg-a%3Ar527 101420462... 22