Party Discovery: Kathryn Mitchell, et al Plaintiff vs. Broward Automotive Inc., Defendant

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                                Filing# 135885933 E-Filed 10/04/2021 07:27:51 PM
 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
 IN AND FOR BROWARD COUNTY, FLORIDA
 Case No. CACE-21-010700
 KATHRYN MITCHELL, individuallyand
 CLASS ACTION
 on behalf of all others similarlysituated,
 Plaintiff,
 VS.
 BROWARD AUTOMOTIVE, INC.,
 JURY TRIAL DEMANDED
 D/B/A AUDI FORT LAUDERDALE
 Defendant.
 I
 PLAINTIFF'S RESPONSES TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION
 TO PLAINTIFF
 Plaintiff Kathryn Mitchell by and through its undersignedcounsel and pursuant to Rule
 1.340 of the Florida Rules of Civil Procedure and, hereby submits her responses and objections
 to Plaintiff' s Request for Production to Defendant (the"Requests").
 PRELIMINARY STATEMENT
 Plaintiff has not completed investigation
 of the facts relatingto this case, has not completed
 discovery,
 and has not completedits preparationfor trial.Therefore,these responses are based onlyon
 the information and documents presentlyavailable to and specifically
 known to Plaintiff. Further
 discovery,
 independentinvestigation,
 legalresearch and analysis
 may lead to the discoveryofadditional
 non-privileged
 responsiveinformation which may lead to additions to, changesin,and variations from
 the information,responses and/or objections
 set forth below.
 These responses are givenwithout prejudiceto Plaintiff's rightto produce evidence of any
 1
 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/04/2021 07:27:51 PM.****
 subsequentlydiscovered facts,includingthe rightto supplementthese responses if it obtains further
 evidence. Plaintiffreserves the rightto produceat trial and refer to any evidence,facts,documents or
 information not discovered at this time,omitted throughgood faith error, mistake or oversight,or the
 relevance of which has not presentlybeen identified by Plaintiff and to further modify these responses
 as a result of subsequentlydiscovered information.
 RESPONSES AND OBJECTIONS
 1.
 Any and all documents and materials upon which you relyupon in support of the
 allegationsof paragraph 4 of the Complaint.
 ANSWER:
 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 2.
 Any and all documents and materials upon which you relyupon in support of the
 allegationsof paragraph 9 of the Complaint which states that Defendant initiated and
 directed,or caused to be initiated and directed,telemarketingand/or advertisement
 prerecordedvoice messages in Florida in violation of the TCPA.
 ANSWER:
 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 3.
 Any and all documents and materials upon which you in support of the allegations
 of
 paragraph 16 of the Complaint. In addition,provide documents concerning the type of
 communication, the date and time of the communication, the substance of the
 2
 communication, the person initiating
 the communication, the partiesto the
 communication.
 ANSWER:
 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 4.
 Any and all documents and materials concerningthe cellular telephonenumber that
 Defendant allegedto have called to reach you.
 ANSWER:
 Plaintiff objectsto this Request as overlybroad, unduly burdensome, and not relevant to
 the claims at issue. Defendant does not need "any and all documents" regardingPlaintiff' s
 cellular telephone,as this encompasses numerous privatecommunications and data with zero
 relevance to the claims at issue.
 Plaintiff is willingto meet and confer to narrow the scope of this request.
 5.
 Telephone bills and call details for the cellular number referenced in the complaintfor the
 period2017 to the present.
 ANSWER:
 Plaintiff objectsto this Request as overlybroad, unduly burdensome, and not relevant to
 the claims at issue. Defendant does not need every telephonebill and call details regarding
 Plaintiff's cellular telephone,as this encompasses numerous privatecommunications and data
 with zero relevance to the claims at issue.
 Plaintiff is willingto meet and confer to narrow the scope of this request.
 3
 6.
 Any and all documents and materials regardingthe telephonenumber ofthe caller.
 ANSWER:
 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 7.
 Any and all documents and materials upon which you relyin support of the allegations
 of
 paragraph 18 of the Complaint.
 ANSWER:
 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 8.
 Any and all documents and materials in support of your contention that the Plaintiff
 suffered actual harm as a result of the claimed prerecordedcalls the Plaintiffreceived
 from Defendant.
 ANSWER:
 None, Plaintiff is seekingstatutory damages under the TCPA.
 9.
 Any and all documents and materials upon which you relyin support of any claim for
 damages and/or harm, economic or otherwise,and the manner and means by which such
 damages are calculated.
 ANSWER:
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 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).Plaintiff is seekingstatutory damages under the TCPA.
 10. Any and all documents and materials upon which you relyin support of your contention
 for invasion of privacy.
 ANSWER:
 None, Plaintiff's receiptof the unconsented to calls invaded Plaintiff's privacy.
 11. Any and all documents and materials upon which you relyin support of your contention
 for aggravation.
 ANSWER:
 None, Plaintiff's receiptof the unconsented to calls caused Plaintiff aggravation.
 12. Any and all documents and materials upon which you relyin support of your
 contention for annoyance.
 ANSWER:
 None, Plaintiff's receiptof the unconsented to calls caused Plaintiff annoyance.
 12. Any and all documents and materials upon which you relyin support of your contention
 for intrusion or seclusion.
 ANSWER:
 None, Plaintiff's receiptof the unconsented to calls intruded upon Plaintiff's seclusion.
 5
 13. Any and all documents and materials upon which you relyin support of your contention
 for trespass.
 ANSWER:
 None, Plaintiff's receiptof the unconsented to calls trespassedupon Plaintiff.
 14. Any and all documents and materials upon which you relyin support of your contention
 for conversion.
 ANSWER:
 None, Plaintiff's receiptof the unconsented to constitute conversion.
 15. Any and all documents and materials concerning any communications by and between
 the Plaintiff and the Defendant for the period4 years priorto the date of the Complaint.
 ANSWER:
 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 16. Any and all documents and materials upon which you relyin support of your contention
 that the Defendant has used an automatic dialingsystem.
 ANSWER:
 None, Plaintiff does not allegeuse of an automatic dialingsystem.
 17. Provide any and all recordingsof prerecordedmessages received by the Plaintiff from
 Audi Fort Lauderdale during the period 2017 through the present.
 ANSWER:
 6
 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 18. Provide all audio copies of all the subjectprerecordedmessages claimed to have been
 received by the Plaintiff as allegedin the Complaint.
 ANSWER:
 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 19. Provide copiesof all TCPA complaints in which the plaintiff
 was involved for the period
 2017 to the present.
 ANSWER:
 Plaintiff objectsto this Request as overlybroad, unduly burdensome, and not relevant to
 the claims at issue. Whether Plaintiff was involved in other TCPA suits or not has no relevance
 to this TCPA suit.
 20. Provide any and all documents upon which you relyin support of paragraph 27 of the
 complaint.
 ANSWER:
 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 21. Provide any and all documents upon which you relyin support of paragraph37 of the
 complaint.
 ANSWER:
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 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 22. Provide any and all documents and materials upon which you relyin support of
 paragraph40 of the complaint.
 ANSWER:
 Plaintiffbelieves documents regardingthis request are in the possessionand custody of
 Defendant and/or its agent(s).
 23. Provide documents identifying
 all cellular numbers owned by or assignedto Plaintiff for
 the period 2017 to present.
 ANSWER:
 Plaintiff objectsto this Request as overlybroad, unduly burdensome, and not relevant to
 the claims at issue. Documents related to any cellphonenumbers Plaintiff may own besides the
 cell phone at issue have no relevance to whether Defendant had consent to placetelemarketing
 prerecordedcalls to the cell phone at issue.
 /s/ IgnacioJ Hiraldo
 IgnacioJ. Hiraldo,Esq.
 FL Bar No. 56031
 Washington D.C. Bar No. 485610
 IJI1 Law
 1200 Brickell Ave. Ste. 1950
 Miami, FL 33131
 t. 786.496.4469
 e.
 Counsel for Plaintiff
 8
 CERTIFICATE OF SERVICE
 I hereby certifythat on this 4th day of October 2021, a true and correct copy of the foregoing
 document is being served on Defendant's counsel by e-mail.
 /s/ IgnacioJ Hiraldo
 IgnacioJ. Hiraldo, Esq.
 FL Bar No. 56031
 Washington D.C. Bar No. 485610
 IJI1 Law
 1200 Brickell Ave. Ste. 1950
 Miami, FL 33131
 t. 786.496.4469
 e.
 Counsel for Plaintiff
 SERVICE LIST
 Kenneth Parreti
 kparetti@quintonparetti.com
 9