Preview
Filing # 118683919 E-Filed 12/23/2020 12:39:19 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01
FLICKER CONSTRUCTION, INC.,
Plaintiff,
v.
ROMAN FLICKER and MIDCONTINENT
CASUALTY COMPANY,
Defendant.
____________________________________/
MID-CONTINENT CASUALTY COMPANY’S
NOTICE OF INTENT TO SERVE SUBPOENA
YOU ARE NOTIFIED that after 10 days from the date of service of this notice, and if no
objection is received from any party, the undersigned pursuant to Rule 1.351 (b) of the Florida
Rules of Civil Procedure, will issue or apply to the clerk of this court for issuance of the attached
subpoenas directed to the following individuals, entities, or registered agents, who are not a party,
to produce the items listed at the time and place specified in the Subpoenas Decus Tecum without
Depositions.
1. Eduardo H. Muhina or Registered Agent
Red Design Group, LLC.
100 S. Red Road, Ste. 202
West Miami, Florida 33144
2. Johan Pedraza or Registered Agent
NY Electrical Corp.
179 NW 23 Street
Miami, Florida 33137
3. Agustine Alvarez or Registered Agent
Alfresco Air Inc.
15421 SW 82 Avenue
Miami, Florida 33134
HINSHAW & CULBERTSON, LLP
0979020\307198053.v1
John Hughes, III as Receiver of Flicker Construction, Inc. v. Roman Flicker et al.
Case No.: 2019-003916-CA-01
Page 2 of 3
4. Agustine Alvarez or Registered Agent
Test and Balance Air Conditioning Corp.
8355 West Flagler Street #164
Miami, Florida 33144
5. Jorge Diaz or Registered Agent
Lucto Fire Sprinkler Corp.
8346 NW South River Drive, Unit A
Medley, Florida 33166
6. Registered Agent for Siemens Building Technologies
CT Corporation System
1200 South Pine Island Road
Plantation, Florida 33324
7. Ihosvany Morales
M&D Electrical Service, Inc.
21152 SW 128 Court
Miami, Florida 33177
8. Bryan Scott Taylor or Records Custodian
Taylor Plumbing & Remodeling Inc.
773 Jeffrey Street, 201
Boca Raton, FL 33487
9. Rey Eletiel or Margaret Garcia or Registered Agent
Security Fire Prevention Inc.
3168-A SW 24th Terrace
Miami, Florida 33145
[CERTIFICATE OF SERVICE AND SIGNATURE BLOCK ON THE FOLLOWING PAGE]
HINSHAW & CULBERTSON, LLP
0979020\307198053.v1
John Hughes, III as Receiver of Flicker Construction, Inc. v. Roman Flicker et al.
Case No.: 2019-003916-CA-01
Page 3 of 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing document was filed on December 23, 2020 via
an automatic email generated by the Florida Courts E-Filing Portal which will automatically
provide copies to all parties of record.
HINSHAW & CULBERTSON LLP
/s/Alina N. Yaniz
Edward T. Sylvester, Esq.
Florida Bar No. 0051612
esylvester@hinshawlaw.com
Alina N. Yaniz, Esq.
Florida Bar No. 1003560
ayaniz@hinshawlaw.com
2525 Ponce de Leon Blvd. 4th Floor
Coral Gables, FL 33134
Telephone: 305-358-7747
Facsimile: 305-577-1063
Attorneys for Mid-Continent Casualty Company
HINSHAW & CULBERTSON, LLP
0979020\307198053.v1
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01
FLICKER CONSTRUCTION, INC.,
Plaintiff, CIRCUIT CIVIL DIVISION
v.
ROMAN FLICKER and MIDCONTINENT
CASUALTY COMPANY,
Defendant.
____________________________________/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
Pursuant to Fla. R. Civ. P. 1.351
TO: Eduardo H. Muhina or Registered Agent
Red Design Group, LLC
100 S. Red Road, Ste. 202
West Miami, Florida 33144
YOU ARE HEREBY COMMANDED to personally deliver or mail to Alina N. Yaniz, Esq.,
Hinshaw & Culbertson LLP, at 2525 Ponce De Leon Blvd. 4th Floor, Coral Gables, Florida
33134 on or before January 22, 2021, at 05:00 p.m., the following regarding the attached
Schedule “A”.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of
the items to be produced to the attorney whose name appears on this subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the payment
in advance of reasonable cost of preparation.
If the total charge for copies is anticipated to exceed $250.00,
please contact the undersigned attorney for approval prior to
making any copies.
You may mail or deliver the copies to the attorney whose name appears on this
subpoena and thereby eliminate your appearance at the time and place specified above. You
have the right to object to the production pursuant to this subpoena at any time before the
production by giving notice to the attorney whose name appears on this subpoena.
0979020\307203933.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
IF YOU FAIL TO: (1) furnish the records as provided above, or (2) object to this subpoena you
may be in contempt of court.
YOU ARE SUBPOENAED by the following attorneys and unless excused from this subpoena
by these attorneys or the Court, you shall respond to this subpoena as directed.
All conditions precedent to Florida Rule of Civil Procedure 1.351 have been complied with,
including (1) service of a Notice of Production from Non Party, which constitutes notice to the
Plaintiff’s attorney and (2) waiting 10 days before service of the subpoena for records listed on the
Notice of Production from Non Party. By issuance of this subpoena, the undersigned hereby
certifies that no objection has been raised by the plaintiff's attorney or any other party to the
issuance of the subpoena and obtaining the requested records.
Dated: January 4, 2021.
FOR THE COURT
/s/Alina N. Yaniz
Edward T. Sylvester, Esq.
Florida Bar No. 0051612
esylvester@hinshawlaw.com
Alina N. Yaniz, Esq.
Florida Bar No. 1003560
ayaniz@hinshawlaw.com
2525 Ponce de Leon Blvd. 4th Floor
Coral Gables, FL 33134
Telephone: 305-358-7747
Facsimile: 305-577-1063
Attorneys for Mid-Continent Casualty Company
IN ACCORDANCE with the Americans with Disabilities Act of 1990 (ADA), disabled persons
who, because of their disabilities, need special accommodation to participate in this proceeding
should contact the ADA Coordinator at 1-800-955-8771, not later than five business days prior to
such proceeding.
2
0979020\307203933.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
EXHIBIT “A”
DEFINITIONS AND INSTRUCTIONS
1. The terms “You” or “Yours” or “Red Design Group, LLC” mean Red Design
Group, LLC, including its officers, employees, agents, representatives, subcontractors or other
Person acting, or purporting to act, on its behalf.
2. The singular shall include the plural and vice versa; the terms “and” or “or” shall
be both conjunctive and disjunctive; and the term “including” shall mean “including without
limitation.”
3. The term “Date” means the exact date, month and year, if ascertainable or, if not
ascertainable; the best approximation of the date (based upon relationship with other events).
4. The term “Subject Property” means the real property located at Vue at Brickell
Condominium, 1250 South Miami Avenue, Unit CU 10, Miami, Florida 33130.
5. The term “Flicker Construction, Inc.” means Flicker Construction, Inc., including
Roman Flicker, its officers, employees, agents, representatives or other persons acting, or
purporting to act, on its behalf.
6. The term “Document” means any documents, including, but not limited to, any
writing, recording or photograph in your actual or constructive possession, custody, care or control,
which pertain directly or indirectly, in whole or in part, either to any of the subjects listed below
or to any other matter relevant to the issues in this action, or which are themselves listed below as
specific documents, including, but not limited to: correspondence, memoranda, notes, messages,
diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video
tapes or tape recordings, spreadsheets, pamphlets, studies, minutes of meetings, or other memorials
of any type of personal or telephone conversations, meetings, or conferences (including, but not
limited to, telephone bills and long distance charge slips), analyses, evaluations, estimates,
proposals, projections, forecasts, receipts, statements, accounts, books of account, diaries, daily
logs or reports, job schedules, calendars, desk pads, appointment books, stenographer’s notebooks,
transcripts, registers, worksheets, journals, statistical records, cost sheets, summaries, lists,
tabulations, digests, canceled or un-canceled checks or drafts, vouchers, charge slips, bills,
purchase orders, periodical or magazine materials, pay requisitions, credit memos, and any
material underlying, supporting, or used in the preparation of any documents.
7. The term “Electronic Data” means any Document listed in numbered paragraph 6
above which is stored in an electronic medium, and any database, electronic mail (“e-mail”), faxes,
web pages, archives, spreadsheets, job logs, word processed Documents, video, audio, graphics,
drawings, sketches, plans, correspondence, messages, backups, software, hardware, computer
based files in any format, Compact Discs, DVDs, and all other information stored in a network
computer, personal computer, network server, or any other electronic storage facility or medium
not expressly mentioned herein. When reproduced in any form other than its original format, all
metadata reasonably retrievable from the Electronic Data must be retrieved and produced
(“metadata” refers to hidden information in the Electronic Data that indicates such information,
3
0979020\307203933.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
including: filename, file size, file author, file creation/modification dates, and, for email, sender,
recipient(s), carbon copies, blind carbon copies, subjects, etc.). Further, such Electronic Data shall
also be maintained, safeguarded, and available for production in the same format in which it is
stored, and, to the extent possible, on its original medium, and shall be produced pursuant to any
request for inspection and copying in its original format and, if requested, on its original medium
for sampling or testing by the requesting party and for its consultants.
8. The term “Agent” means any agent, employee, officer, director, attorney,
independent contractor or any other person acting at the direction of or on behalf of another.
9. The term “Person” means any individual, contractor, subcontractor, corporation,
proprietorship, partnership, trust, association or any other entity.
10. The terms “pertain to” or “pertaining to” mean arising out of, relates to, refers to,
contains, concerns, describes, embodies, mentions, constitutes, constituting, supports,
corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or
contradicts.
11. The terms “action,” “matter,” “proceeding” or “case” mean the above captioned
case.
12. The terms “Identify” or “Identity” means to provide the name and address of the
custodian of the Document and the Electronic Data, the location of the Document and Electronic
Data, and a general description of the Document and Electronic Data, including; (1) the type of
Document, and Electronic Data (i.e., correspondence, memorandum, facsimile, email, etc.); (2) a
general description of the Document’s subject matter; (3) the Date of the Document and Electronic
Data; (4) the author of the Document and Electronic Data and his/her name and address, including
all Persons who assisted the author in its creation; (5) the name and address of all Persons to whom
the Document and Electronic Data was transmitted; and (6) the relationship between the author
and such addressees. The term “Identity” when used in reference to a Person means to provide the
name, address, the Federal Identification number, and a description of the type of entity if not
readily available from the name.
13. This request is a continuing one. If after producing Documents and Electronic Data,
You become aware of any further Documents and Electronic Data responsive to this request, You
are required to produce such additional documents.
14. You must label the Documents and Electronic Data responsive to each numbered
request below.
15. For all Documents and Electronic Data, prior to producing, You are to contact
counsel for Defendant to coordinate the production of the Documents and Electronic Data
in their most useable form and to minimize the costs involved with production. Production
of Documents and Electronic Data in their non-native form (such as a printout of an email)
is not responsive to this request for production.
4
0979020\307203933.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
DOCUMENTS TO BE PRODUCED
1. Any and all Documents and Electronic Data pertaining to the Subject Property, including
Documents and Electronic Data pertaining to City of Miami Building Permit No. 105002997 and
Documents and Electronic Data pertaining to Red Design Group, LLC’s Permit Set Ceviche
Restaurant 09009.
2. Any and all Documents and Electronic Data pertaining to the submission of a bid, including
Your bid, for the work at the Subject Property and Documents and Electronic Data pertaining to
the Identity of any and all Persons awarded work, or awarding work, at the Subject Property,
including Documents and Electronic Data pertaining to City of Miami Building Permit No.
105002997 and Documents and Electronic Data pertaining to Red Design Group, LLC’s Permit
Set Ceviche Restaurant 09009.
3. Any and all Documents and Electronic Data submitted to, or supplied by, Red Design
Group, LLC pertaining to the Subject Property by all, or to all, Persons, including Documents and
Electronic Data pertaining to Bentley Holdings, LLC, CV-Ches Restaurant, Roman Flicker,
Flicker Construction, Inc., and Moises Tacle, as well as Documents and Electronic Data pertaining
to design services, construction services or any other service or supplier.
4. Any and all Documents and Electronic Data submitted to, or supplied by, Red Design
Group, LLC pertaining to the Subject Property by all, or to all, Persons, including Documents and
Electronic Data pertaining to design services, construction services or any other service or supplier.
5. Any and all Documents and Electronic Data pertaining to the Identity and scope of work
of the general contractor pertaining to the Subject Property, including Documents and Electronic
Data naming Roman Flicker, Flicker Construction, Inc., Bentley Holdings, LLC., or CV-Ches
Restaurant.
5
0979020\307203933.v1
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01
FLICKER CONSTRUCTION, INC.,
Plaintiff, CIRCUIT CIVIL DIVISION
v.
ROMAN FLICKER and MIDCONTINENT
CASUALTY COMPANY,
Defendant.
____________________________________/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
Pursuant to Fla. R. Civ. P. 1.351
TO: Johan Pedraza or Registered Agent
NY Electrical Corp.
179 NW 23 Street
Miami, Florida 33137
YOU ARE HEREBY COMMANDED to personally deliver or mail to Alina N. Yaniz, Esq.,
Hinshaw & Culbertson LLP, at 2525 Ponce De Leon Blvd. 4th Floor, Coral Gables, Florida
33134 on or before January 22, 2021, at 05:00 p.m., the following regarding the attached
Schedule “A”.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of
the items to be produced to the attorney whose name appears on this subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the payment
in advance of reasonable cost of preparation.
If the total charge for copies is anticipated to exceed $250.00,
please contact the undersigned attorney for approval prior to
making any copies.
You may mail or deliver the copies to the attorney whose name appears on this
subpoena and thereby eliminate your appearance at the time and place specified above. You
have the right to object to the production pursuant to this subpoena at any time before the
production by giving notice to the attorney whose name appears on this subpoena.
0979020\307196966.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
IF YOU FAIL TO: (1) furnish the records as provided above, or (2) object to this subpoena you
may be in contempt of court.
YOU ARE SUBPOENAED by the following attorneys and unless excused from this subpoena
by these attorneys or the Court, you shall respond to this subpoena as directed.
All conditions precedent to Florida Rule of Civil Procedure 1.351 have been complied with,
including (1) service of a Notice of Production from Non Party, which constitutes notice to the
Plaintiff’s attorney and (2) waiting 10 days before service of the subpoena for records listed on the
Notice of Production from Non Party. By issuance of this subpoena, the undersigned hereby
certifies that no objection has been raised by the plaintiff's attorney or any other party to the
issuance of the subpoena and obtaining the requested records.
Dated: January 4, 2021
FOR THE COURT
/s/Alina N. Yaniz
Edward T. Sylvester, Esq.
Florida Bar No. 0051612
esylvester@hinshawlaw.com
Alina N. Yaniz, Esq.
Florida Bar No. 1003560
ayaniz@hinshawlaw.com
2525 Ponce de Leon Blvd. 4th Floor
Coral Gables, FL 33134
Telephone: 305-358-7747
Facsimile: 305-577-1063
Attorneys for Mid-Continent Casualty Company
IN ACCORDANCE with the Americans with Disabilities Act of 1990 (ADA), disabled persons who,
because of their disabilities, need special accommodation to participate in this proceeding
should contact the ADA Coordinator at 1-800-955-8771, not later than five business days prior to
such proceeding.
2
0979020\307196966.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
EXHIBIT “A”
DEFINITIONS AND INSTRUCTIONS
1. The terms “You” or “Yours” or “NY Electrical Corp.,” means “NY Electrical
Corp.,” including its officers, employees, agents, representatives, subcontractors or other Person
acting, or purporting to act, on its behalf.
2. The singular shall include the plural and vice versa; the terms “and” or “or” shall
be both conjunctive and disjunctive; and the term “including” shall mean “including without
limitation.”
3. The term “Date” means the exact date, month and year, if ascertainable or, if not
ascertainable; the best approximation of the date (based upon relationship with other events).
4. The term “Subject Property” means the real property located at Vue at Brickell
Condominium, 1250 South Miami Avenue, Unit CU 10, Miami, Florida 33130.
5. The term “Flicker Construction, Inc.” means Flicker Construction, Inc., including
Roman Flicker, its officers, employees, agents, representatives or other persons acting, or
purporting to act, on its behalf.
6. The term “Document” means any documents, including, but not limited to, any
writing, recording or photograph in your actual or constructive possession, custody, care or control,
which pertain directly or indirectly, in whole or in part, either to any of the subjects listed below
or to any other matter relevant to the issues in this action, or which are themselves listed below as
specific documents, including, but not limited to: correspondence, memoranda, notes, messages,
diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video
tapes or tape recordings, spreadsheets, pamphlets, studies, minutes of meetings, or other memorials
of any type of personal or telephone conversations, meetings, or conferences (including, but not
limited to, telephone bills and long distance charge slips), analyses, evaluations, estimates,
proposals, projections, forecasts, receipts, statements, accounts, books of account, diaries, daily
logs or reports, job schedules, calendars, desk pads, appointment books, stenographer’s notebooks,
transcripts, registers, worksheets, journals, statistical records, cost sheets, summaries, lists,
tabulations, digests, canceled or un-canceled checks or drafts, vouchers, charge slips, bills,
purchase orders, periodical or magazine materials, pay requisitions, credit memos, and any
material underlying, supporting, or used in the preparation of any documents.
7. The term “Electronic Data” means any Document listed in numbered paragraph 6
above which is stored in an electronic medium, and any database, electronic mail (“e-mail”), faxes,
web pages, archives, spreadsheets, job logs, word processed Documents, video, audio, graphics,
drawings, sketches, plans, correspondence, messages, backups, software, hardware, computer
based files in any format, Compact Discs, DVDs, and all other information stored in a network
computer, personal computer, network server, or any other electronic storage facility or medium
not expressly mentioned herein. When reproduced in any form other than its original format, all
metadata reasonably retrievable from the Electronic Data must be retrieved and produced
(“metadata” refers to hidden information in the Electronic Data that indicates such information,
3
0979020\307196966.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
including: filename, file size, file author, file creation/modification dates, and, for email, sender,
recipient(s), carbon copies, blind carbon copies, subjects, etc.). Further, such Electronic Data shall
also be maintained, safeguarded, and available for production in the same format in which it is
stored, and, to the extent possible, on its original medium, and shall be produced pursuant to any
request for inspection and copying in its original format and, if requested, on its original medium
for sampling or testing by the requesting party and for its consultants.
8. The term “Agent” means any agent, employee, officer, director, attorney,
independent contractor or any other person acting at the direction of or on behalf of another.
9. The term “Person” means any individual, contractor, subcontractor, corporation,
proprietorship, partnership, trust, association or any other entity.
10. The terms “pertain to” or “pertaining to” mean arising out of, relates to, refers to,
contains, concerns, describes, embodies, mentions, constitutes, constituting, supports,
corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or
contradicts.
11. The term “action,” “matter”, “proceeding” or “case” means the above captioned
case.
12. The terms “Identify” or “Identity” means to provide the name and address of the
custodian of the Document and the Electronic Data, the location of the Document and Electronic
Data, and a general description of the Document and Electronic Data, including; (1) the type of
Document, and Electronic Data (i.e., correspondence, memorandum, facsimile, email, etc.); (2) a
general description of the Document’s subject matter; (3) the Date of the Document and Electronic
Data; (4) the author of the Document and Electronic Data and his/her name and address, including
all Persons who assisted the author in its creation; (5) the name and address of all Persons to whom
the Document and Electronic Data was transmitted; and (6) the relationship between the author
and such addressees. The term “Identity” when used in reference to a Person means to provide the
name, address, the Federal Identification number, and a description of the type of entity if not
readily available from the name.
13. This request is a continuing one. If after producing Documents and Electronic Data,
You become aware of any further Documents and Electronic Data responsive to this request, You
are required to produce such additional documents.
14. You must label the Documents and Electronic Data responsive to each numbered
request below.
15. For all Documents and Electronic Data, prior to producing, You are to contact
counsel for Defendant to coordinate the production of the Documents and Electronic Data
in their most useable form and to minimize the costs involved with production. Production
of Documents and Electronic Data in their non-native form (such as a printout of an email)
is not responsive to this request for production.
4
0979020\307196966.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
DOCUMENTS TO BE PRODUCED
1. Any and all Documents and Electronic Data pertaining to the Subject Property, including
Documents and Electronic Data pertaining to City of Miami Building Permit No. 105010975 and
Documents and Electronic Data pertaining to City of Miami Master Permit Number 105002997.
2. Any and all Documents and Electronic Data pertaining to submission of Your bid for the
work at the Subject Property and Documents and Electronic Data pertaining to the Identity of any
and all Persons awarding work at the Subject Property, including Documents and Electronic Data
pertaining to City of Miami Building Permit No. 105010975 and Documents and Electronic Data
pertaining to City of Miami Master Permit Number 105002997.
3. Any and all Documents and Electronic Data submitted to, or supplied by, NY Electric
Corp., pertaining to the Subject Property by all, or to all, Persons, including Documents and
Electronic Data pertaining to Bentley Holdings, LLC, CV-Ches Restaurant, Roman Flicker,
Flicker Construction, Inc., and Moises Tacle, for any electrical services or any other service or
supplier.
4. Any and all Documents and Electronic Data submitted to, or supplied by, NY Electric
Corp., pertaining to the Subject Property by all, or to all, Persons, including Documents and
Electronic Data pertaining to electrical services, construction services or any other service or
supplier.
5. Any and all Documents and Electronic Data pertaining to the Identity and scope of work
of the general contractor pertaining to the Subject Property, including Documents and Electronic
Data naming Roman Flicker, Flicker Construction, Inc., Bentley Holdings, LLC., or CV-Ches
Restaurant.
5
0979020\307196966.v1
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01
FLICKER CONSTRUCTION, INC.,
Plaintiff, CIRCUIT CIVIL DIVISION
v.
ROMAN FLICKER and MIDCONTINENT
CASUALTY COMPANY,
Defendant.
____________________________________/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
Pursuant to Fla. R. Civ. P. 1.351
TO: Agustine Alvarez or Registered Agent
Alfresco Air Inc.
15421 SW 82 Avenue
Miami, Florida 33134
YOU ARE HEREBY COMMANDED to personally deliver or mail to Alina N. Yaniz, Esq.,
Hinshaw & Culbertson LLP, at 2525 Ponce De Leon Blvd. 4th Floor, Coral Gables, Florida
33134 on or before January 22, 2021, at 05:00 p.m., the following regarding the attached
Schedule “A”.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of
the items to be produced to the attorney whose name appears on this subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the payment
in advance of reasonable cost of preparation.
If the total charge for copies is anticipated to exceed $250.00,
please contact the undersigned attorney for approval prior to
making any copies.
You may mail or deliver the copies to the attorney whose name appears on this
subpoena and thereby eliminate your appearance at the time and place specified above. You
have the right to object to the production pursuant to this subpoena at any time before the
production by giving notice to the attorney whose name appears on this subpoena.
0979020\307197026.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
IF YOU FAIL TO: (1) furnish the records as provided above, or (2) object to this subpoena you
may be in contempt of court.
YOU ARE SUBPOENAED by the following attorneys and unless excused from this subpoena
by these attorneys or the Court, you shall respond to this subpoena as directed.
All conditions precedent to Florida Rule of Civil Procedure 1.351 have been complied with,
including (1) service of a Notice of Production from Non Party, which constitutes notice to the
Plaintiff’s attorney and (2) waiting 10 days before service of the subpoena for records listed on the
Notice of Production from Non Party. By issuance of this subpoena, the undersigned hereby
certifies that no objection has been raised by the plaintiff's attorney or any other party to the
issuance of the subpoena and obtaining the requested records.
Dated: January 4, 2021
FOR THE COURT
/s/Alina N. Yaniz
Edward T. Sylvester, Esq.
Florida Bar No. 0051612
esylvester@hinshawlaw.com
Alina N. Yaniz, Esq.
Florida Bar No. 1003560
ayaniz@hinshawlaw.com
2525 Ponce de Leon Blvd. 4th Floor
Coral Gables, FL 33134
Telephone: 305-358-7747
Facsimile: 305-577-1063
Attorneys for Mid-Continent Casualty Company
IN ACCORDANCE with the Americans with Disabilities Act of 1990 (ADA), disabled persons who,
because of their disabilities, need special accommodation to participate in this proceeding
should contact the ADA Coordinator at 1-800-955-8771, not later than five business days prior to
such proceeding.
2
0979020\307197026.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
EXHIBIT “A”
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Filing # 118683919 E-Filed 12/23/2020 12:39:19 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01 FLICKER CONSTRUCTION, INC., Plaintiff, v. ROMAN FLICKER and MIDCONTINENT CASUALTY COMPANY, Defendant. ____________________________________/ MID-CONTINENT CASUALTY COMPANY’S NOTICE OF INTENT TO SERVE SUBPOENA YOU ARE NOTIFIED that after 10 days from the date of service of this notice, and if no objection is received from any party, the undersigned pursuant to Rule 1.351 (b) of the Florida Rules of Civil Procedure, will issue or apply to the clerk of this court for issuance of the attached subpoenas directed to the following individuals, entities, or registered agents, who are not a party, to produce the items listed at the time and place specified in the Subpoenas Decus Tecum without Depositions. 1. Eduardo H. Muhina or Registered Agent Red Design Group, LLC. 100 S. Red Road, Ste. 202 West Miami, Florida 33144 2. Johan Pedraza or Registered Agent NY Electrical Corp. 179 NW 23 Street Miami, Florida 33137 3. Agustine Alvarez or Registered Agent Alfresco Air Inc. 15421 SW 82 Avenue Miami, Florida 33134 HINSHAW & CULBERTSON, LLP 0979020\307198053.v1 John Hughes, III as Receiver of Flicker Construction, Inc. v. Roman Flicker et al. Case No.: 2019-003916-CA-01 Page 2 of 3 4. Agustine Alvarez or Registered Agent Test and Balance Air Conditioning Corp. 8355 West Flagler Street #164 Miami, Florida 33144 5. Jorge Diaz or Registered Agent Lucto Fire Sprinkler Corp. 8346 NW South River Drive, Unit A Medley, Florida 33166 6. Registered Agent for Siemens Building Technologies CT Corporation System 1200 South Pine Island Road Plantation, Florida 33324 7. Ihosvany Morales M&D Electrical Service, Inc. 21152 SW 128 Court Miami, Florida 33177 8. Bryan Scott Taylor or Records Custodian Taylor Plumbing & Remodeling Inc. 773 Jeffrey Street, 201 Boca Raton, FL 33487 9. Rey Eletiel or Margaret Garcia or Registered Agent Security Fire Prevention Inc. 3168-A SW 24th Terrace Miami, Florida 33145 [CERTIFICATE OF SERVICE AND SIGNATURE BLOCK ON THE FOLLOWING PAGE] HINSHAW & CULBERTSON, LLP 0979020\307198053.v1 John Hughes, III as Receiver of Flicker Construction, Inc. v. Roman Flicker et al. Case No.: 2019-003916-CA-01 Page 3 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document was filed on December 23, 2020 via an automatic email generated by the Florida Courts E-Filing Portal which will automatically provide copies to all parties of record. HINSHAW & CULBERTSON LLP /s/Alina N. Yaniz Edward T. Sylvester, Esq. Florida Bar No. 0051612 esylvester@hinshawlaw.com Alina N. Yaniz, Esq. Florida Bar No. 1003560 ayaniz@hinshawlaw.com 2525 Ponce de Leon Blvd. 4th Floor Coral Gables, FL 33134 Telephone: 305-358-7747 Facsimile: 305-577-1063 Attorneys for Mid-Continent Casualty Company HINSHAW & CULBERTSON, LLP 0979020\307198053.v1 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01 FLICKER CONSTRUCTION, INC., Plaintiff, CIRCUIT CIVIL DIVISION v. ROMAN FLICKER and MIDCONTINENT CASUALTY COMPANY, Defendant. ____________________________________/ SUBPOENA DUCES TECUM WITHOUT DEPOSITION Pursuant to Fla. R. Civ. P. 1.351 TO: Eduardo H. Muhina or Registered Agent Red Design Group, LLC 100 S. Red Road, Ste. 202 West Miami, Florida 33144 YOU ARE HEREBY COMMANDED to personally deliver or mail to Alina N. Yaniz, Esq., Hinshaw & Culbertson LLP, at 2525 Ponce De Leon Blvd. 4th Floor, Coral Gables, Florida 33134 on or before January 22, 2021, at 05:00 p.m., the following regarding the attached Schedule “A”. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of reasonable cost of preparation. If the total charge for copies is anticipated to exceed $250.00, please contact the undersigned attorney for approval prior to making any copies. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before the production by giving notice to the attorney whose name appears on this subpoena. 0979020\307203933.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 IF YOU FAIL TO: (1) furnish the records as provided above, or (2) object to this subpoena you may be in contempt of court. YOU ARE SUBPOENAED by the following attorneys and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. All conditions precedent to Florida Rule of Civil Procedure 1.351 have been complied with, including (1) service of a Notice of Production from Non Party, which constitutes notice to the Plaintiff’s attorney and (2) waiting 10 days before service of the subpoena for records listed on the Notice of Production from Non Party. By issuance of this subpoena, the undersigned hereby certifies that no objection has been raised by the plaintiff's attorney or any other party to the issuance of the subpoena and obtaining the requested records. Dated: January 4, 2021. FOR THE COURT /s/Alina N. Yaniz Edward T. Sylvester, Esq. Florida Bar No. 0051612 esylvester@hinshawlaw.com Alina N. Yaniz, Esq. Florida Bar No. 1003560 ayaniz@hinshawlaw.com 2525 Ponce de Leon Blvd. 4th Floor Coral Gables, FL 33134 Telephone: 305-358-7747 Facsimile: 305-577-1063 Attorneys for Mid-Continent Casualty Company IN ACCORDANCE with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodation to participate in this proceeding should contact the ADA Coordinator at 1-800-955-8771, not later than five business days prior to such proceeding. 2 0979020\307203933.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 EXHIBIT “A” DEFINITIONS AND INSTRUCTIONS 1. The terms “You” or “Yours” or “Red Design Group, LLC” mean Red Design Group, LLC, including its officers, employees, agents, representatives, subcontractors or other Person acting, or purporting to act, on its behalf. 2. The singular shall include the plural and vice versa; the terms “and” or “or” shall be both conjunctive and disjunctive; and the term “including” shall mean “including without limitation.” 3. The term “Date” means the exact date, month and year, if ascertainable or, if not ascertainable; the best approximation of the date (based upon relationship with other events). 4. The term “Subject Property” means the real property located at Vue at Brickell Condominium, 1250 South Miami Avenue, Unit CU 10, Miami, Florida 33130. 5. The term “Flicker Construction, Inc.” means Flicker Construction, Inc., including Roman Flicker, its officers, employees, agents, representatives or other persons acting, or purporting to act, on its behalf. 6. The term “Document” means any documents, including, but not limited to, any writing, recording or photograph in your actual or constructive possession, custody, care or control, which pertain directly or indirectly, in whole or in part, either to any of the subjects listed below or to any other matter relevant to the issues in this action, or which are themselves listed below as specific documents, including, but not limited to: correspondence, memoranda, notes, messages, diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes or tape recordings, spreadsheets, pamphlets, studies, minutes of meetings, or other memorials of any type of personal or telephone conversations, meetings, or conferences (including, but not limited to, telephone bills and long distance charge slips), analyses, evaluations, estimates, proposals, projections, forecasts, receipts, statements, accounts, books of account, diaries, daily logs or reports, job schedules, calendars, desk pads, appointment books, stenographer’s notebooks, transcripts, registers, worksheets, journals, statistical records, cost sheets, summaries, lists, tabulations, digests, canceled or un-canceled checks or drafts, vouchers, charge slips, bills, purchase orders, periodical or magazine materials, pay requisitions, credit memos, and any material underlying, supporting, or used in the preparation of any documents. 7. The term “Electronic Data” means any Document listed in numbered paragraph 6 above which is stored in an electronic medium, and any database, electronic mail (“e-mail”), faxes, web pages, archives, spreadsheets, job logs, word processed Documents, video, audio, graphics, drawings, sketches, plans, correspondence, messages, backups, software, hardware, computer based files in any format, Compact Discs, DVDs, and all other information stored in a network computer, personal computer, network server, or any other electronic storage facility or medium not expressly mentioned herein. When reproduced in any form other than its original format, all metadata reasonably retrievable from the Electronic Data must be retrieved and produced (“metadata” refers to hidden information in the Electronic Data that indicates such information, 3 0979020\307203933.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 including: filename, file size, file author, file creation/modification dates, and, for email, sender, recipient(s), carbon copies, blind carbon copies, subjects, etc.). Further, such Electronic Data shall also be maintained, safeguarded, and available for production in the same format in which it is stored, and, to the extent possible, on its original medium, and shall be produced pursuant to any request for inspection and copying in its original format and, if requested, on its original medium for sampling or testing by the requesting party and for its consultants. 8. The term “Agent” means any agent, employee, officer, director, attorney, independent contractor or any other person acting at the direction of or on behalf of another. 9. The term “Person” means any individual, contractor, subcontractor, corporation, proprietorship, partnership, trust, association or any other entity. 10. The terms “pertain to” or “pertaining to” mean arising out of, relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts. 11. The terms “action,” “matter,” “proceeding” or “case” mean the above captioned case. 12. The terms “Identify” or “Identity” means to provide the name and address of the custodian of the Document and the Electronic Data, the location of the Document and Electronic Data, and a general description of the Document and Electronic Data, including; (1) the type of Document, and Electronic Data (i.e., correspondence, memorandum, facsimile, email, etc.); (2) a general description of the Document’s subject matter; (3) the Date of the Document and Electronic Data; (4) the author of the Document and Electronic Data and his/her name and address, including all Persons who assisted the author in its creation; (5) the name and address of all Persons to whom the Document and Electronic Data was transmitted; and (6) the relationship between the author and such addressees. The term “Identity” when used in reference to a Person means to provide the name, address, the Federal Identification number, and a description of the type of entity if not readily available from the name. 13. This request is a continuing one. If after producing Documents and Electronic Data, You become aware of any further Documents and Electronic Data responsive to this request, You are required to produce such additional documents. 14. You must label the Documents and Electronic Data responsive to each numbered request below. 15. For all Documents and Electronic Data, prior to producing, You are to contact counsel for Defendant to coordinate the production of the Documents and Electronic Data in their most useable form and to minimize the costs involved with production. Production of Documents and Electronic Data in their non-native form (such as a printout of an email) is not responsive to this request for production. 4 0979020\307203933.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 DOCUMENTS TO BE PRODUCED 1. Any and all Documents and Electronic Data pertaining to the Subject Property, including Documents and Electronic Data pertaining to City of Miami Building Permit No. 105002997 and Documents and Electronic Data pertaining to Red Design Group, LLC’s Permit Set Ceviche Restaurant 09009. 2. Any and all Documents and Electronic Data pertaining to the submission of a bid, including Your bid, for the work at the Subject Property and Documents and Electronic Data pertaining to the Identity of any and all Persons awarded work, or awarding work, at the Subject Property, including Documents and Electronic Data pertaining to City of Miami Building Permit No. 105002997 and Documents and Electronic Data pertaining to Red Design Group, LLC’s Permit Set Ceviche Restaurant 09009. 3. Any and all Documents and Electronic Data submitted to, or supplied by, Red Design Group, LLC pertaining to the Subject Property by all, or to all, Persons, including Documents and Electronic Data pertaining to Bentley Holdings, LLC, CV-Ches Restaurant, Roman Flicker, Flicker Construction, Inc., and Moises Tacle, as well as Documents and Electronic Data pertaining to design services, construction services or any other service or supplier. 4. Any and all Documents and Electronic Data submitted to, or supplied by, Red Design Group, LLC pertaining to the Subject Property by all, or to all, Persons, including Documents and Electronic Data pertaining to design services, construction services or any other service or supplier. 5. Any and all Documents and Electronic Data pertaining to the Identity and scope of work of the general contractor pertaining to the Subject Property, including Documents and Electronic Data naming Roman Flicker, Flicker Construction, Inc., Bentley Holdings, LLC., or CV-Ches Restaurant. 5 0979020\307203933.v1 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01 FLICKER CONSTRUCTION, INC., Plaintiff, CIRCUIT CIVIL DIVISION v. ROMAN FLICKER and MIDCONTINENT CASUALTY COMPANY, Defendant. ____________________________________/ SUBPOENA DUCES TECUM WITHOUT DEPOSITION Pursuant to Fla. R. Civ. P. 1.351 TO: Johan Pedraza or Registered Agent NY Electrical Corp. 179 NW 23 Street Miami, Florida 33137 YOU ARE HEREBY COMMANDED to personally deliver or mail to Alina N. Yaniz, Esq., Hinshaw & Culbertson LLP, at 2525 Ponce De Leon Blvd. 4th Floor, Coral Gables, Florida 33134 on or before January 22, 2021, at 05:00 p.m., the following regarding the attached Schedule “A”. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of reasonable cost of preparation. If the total charge for copies is anticipated to exceed $250.00, please contact the undersigned attorney for approval prior to making any copies. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before the production by giving notice to the attorney whose name appears on this subpoena. 0979020\307196966.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 IF YOU FAIL TO: (1) furnish the records as provided above, or (2) object to this subpoena you may be in contempt of court. YOU ARE SUBPOENAED by the following attorneys and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. All conditions precedent to Florida Rule of Civil Procedure 1.351 have been complied with, including (1) service of a Notice of Production from Non Party, which constitutes notice to the Plaintiff’s attorney and (2) waiting 10 days before service of the subpoena for records listed on the Notice of Production from Non Party. By issuance of this subpoena, the undersigned hereby certifies that no objection has been raised by the plaintiff's attorney or any other party to the issuance of the subpoena and obtaining the requested records. Dated: January 4, 2021 FOR THE COURT /s/Alina N. Yaniz Edward T. Sylvester, Esq. Florida Bar No. 0051612 esylvester@hinshawlaw.com Alina N. Yaniz, Esq. Florida Bar No. 1003560 ayaniz@hinshawlaw.com 2525 Ponce de Leon Blvd. 4th Floor Coral Gables, FL 33134 Telephone: 305-358-7747 Facsimile: 305-577-1063 Attorneys for Mid-Continent Casualty Company IN ACCORDANCE with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodation to participate in this proceeding should contact the ADA Coordinator at 1-800-955-8771, not later than five business days prior to such proceeding. 2 0979020\307196966.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 EXHIBIT “A” DEFINITIONS AND INSTRUCTIONS 1. The terms “You” or “Yours” or “NY Electrical Corp.,” means “NY Electrical Corp.,” including its officers, employees, agents, representatives, subcontractors or other Person acting, or purporting to act, on its behalf. 2. The singular shall include the plural and vice versa; the terms “and” or “or” shall be both conjunctive and disjunctive; and the term “including” shall mean “including without limitation.” 3. The term “Date” means the exact date, month and year, if ascertainable or, if not ascertainable; the best approximation of the date (based upon relationship with other events). 4. The term “Subject Property” means the real property located at Vue at Brickell Condominium, 1250 South Miami Avenue, Unit CU 10, Miami, Florida 33130. 5. The term “Flicker Construction, Inc.” means Flicker Construction, Inc., including Roman Flicker, its officers, employees, agents, representatives or other persons acting, or purporting to act, on its behalf. 6. The term “Document” means any documents, including, but not limited to, any writing, recording or photograph in your actual or constructive possession, custody, care or control, which pertain directly or indirectly, in whole or in part, either to any of the subjects listed below or to any other matter relevant to the issues in this action, or which are themselves listed below as specific documents, including, but not limited to: correspondence, memoranda, notes, messages, diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes or tape recordings, spreadsheets, pamphlets, studies, minutes of meetings, or other memorials of any type of personal or telephone conversations, meetings, or conferences (including, but not limited to, telephone bills and long distance charge slips), analyses, evaluations, estimates, proposals, projections, forecasts, receipts, statements, accounts, books of account, diaries, daily logs or reports, job schedules, calendars, desk pads, appointment books, stenographer’s notebooks, transcripts, registers, worksheets, journals, statistical records, cost sheets, summaries, lists, tabulations, digests, canceled or un-canceled checks or drafts, vouchers, charge slips, bills, purchase orders, periodical or magazine materials, pay requisitions, credit memos, and any material underlying, supporting, or used in the preparation of any documents. 7. The term “Electronic Data” means any Document listed in numbered paragraph 6 above which is stored in an electronic medium, and any database, electronic mail (“e-mail”), faxes, web pages, archives, spreadsheets, job logs, word processed Documents, video, audio, graphics, drawings, sketches, plans, correspondence, messages, backups, software, hardware, computer based files in any format, Compact Discs, DVDs, and all other information stored in a network computer, personal computer, network server, or any other electronic storage facility or medium not expressly mentioned herein. When reproduced in any form other than its original format, all metadata reasonably retrievable from the Electronic Data must be retrieved and produced (“metadata” refers to hidden information in the Electronic Data that indicates such information, 3 0979020\307196966.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 including: filename, file size, file author, file creation/modification dates, and, for email, sender, recipient(s), carbon copies, blind carbon copies, subjects, etc.). Further, such Electronic Data shall also be maintained, safeguarded, and available for production in the same format in which it is stored, and, to the extent possible, on its original medium, and shall be produced pursuant to any request for inspection and copying in its original format and, if requested, on its original medium for sampling or testing by the requesting party and for its consultants. 8. The term “Agent” means any agent, employee, officer, director, attorney, independent contractor or any other person acting at the direction of or on behalf of another. 9. The term “Person” means any individual, contractor, subcontractor, corporation, proprietorship, partnership, trust, association or any other entity. 10. The terms “pertain to” or “pertaining to” mean arising out of, relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts. 11. The term “action,” “matter”, “proceeding” or “case” means the above captioned case. 12. The terms “Identify” or “Identity” means to provide the name and address of the custodian of the Document and the Electronic Data, the location of the Document and Electronic Data, and a general description of the Document and Electronic Data, including; (1) the type of Document, and Electronic Data (i.e., correspondence, memorandum, facsimile, email, etc.); (2) a general description of the Document’s subject matter; (3) the Date of the Document and Electronic Data; (4) the author of the Document and Electronic Data and his/her name and address, including all Persons who assisted the author in its creation; (5) the name and address of all Persons to whom the Document and Electronic Data was transmitted; and (6) the relationship between the author and such addressees. The term “Identity” when used in reference to a Person means to provide the name, address, the Federal Identification number, and a description of the type of entity if not readily available from the name. 13. This request is a continuing one. If after producing Documents and Electronic Data, You become aware of any further Documents and Electronic Data responsive to this request, You are required to produce such additional documents. 14. You must label the Documents and Electronic Data responsive to each numbered request below. 15. For all Documents and Electronic Data, prior to producing, You are to contact counsel for Defendant to coordinate the production of the Documents and Electronic Data in their most useable form and to minimize the costs involved with production. Production of Documents and Electronic Data in their non-native form (such as a printout of an email) is not responsive to this request for production. 4 0979020\307196966.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 DOCUMENTS TO BE PRODUCED 1. Any and all Documents and Electronic Data pertaining to the Subject Property, including Documents and Electronic Data pertaining to City of Miami Building Permit No. 105010975 and Documents and Electronic Data pertaining to City of Miami Master Permit Number 105002997. 2. Any and all Documents and Electronic Data pertaining to submission of Your bid for the work at the Subject Property and Documents and Electronic Data pertaining to the Identity of any and all Persons awarding work at the Subject Property, including Documents and Electronic Data pertaining to City of Miami Building Permit No. 105010975 and Documents and Electronic Data pertaining to City of Miami Master Permit Number 105002997. 3. Any and all Documents and Electronic Data submitted to, or supplied by, NY Electric Corp., pertaining to the Subject Property by all, or to all, Persons, including Documents and Electronic Data pertaining to Bentley Holdings, LLC, CV-Ches Restaurant, Roman Flicker, Flicker Construction, Inc., and Moises Tacle, for any electrical services or any other service or supplier. 4. Any and all Documents and Electronic Data submitted to, or supplied by, NY Electric Corp., pertaining to the Subject Property by all, or to all, Persons, including Documents and Electronic Data pertaining to electrical services, construction services or any other service or supplier. 5. Any and all Documents and Electronic Data pertaining to the Identity and scope of work of the general contractor pertaining to the Subject Property, including Documents and Electronic Data naming Roman Flicker, Flicker Construction, Inc., Bentley Holdings, LLC., or CV-Ches Restaurant. 5 0979020\307196966.v1 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01 FLICKER CONSTRUCTION, INC., Plaintiff, CIRCUIT CIVIL DIVISION v. ROMAN FLICKER and MIDCONTINENT CASUALTY COMPANY, Defendant. ____________________________________/ SUBPOENA DUCES TECUM WITHOUT DEPOSITION Pursuant to Fla. R. Civ. P. 1.351 TO: Agustine Alvarez or Registered Agent Alfresco Air Inc. 15421 SW 82 Avenue Miami, Florida 33134 YOU ARE HEREBY COMMANDED to personally deliver or mail to Alina N. Yaniz, Esq., Hinshaw & Culbertson LLP, at 2525 Ponce De Leon Blvd. 4th Floor, Coral Gables, Florida 33134 on or before January 22, 2021, at 05:00 p.m., the following regarding the attached Schedule “A”. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of reasonable cost of preparation. If the total charge for copies is anticipated to exceed $250.00, please contact the undersigned attorney for approval prior to making any copies. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before the production by giving notice to the attorney whose name appears on this subpoena. 0979020\307197026.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 IF YOU FAIL TO: (1) furnish the records as provided above, or (2) object to this subpoena you may be in contempt of court. YOU ARE SUBPOENAED by the following attorneys and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. All conditions precedent to Florida Rule of Civil Procedure 1.351 have been complied with, including (1) service of a Notice of Production from Non Party, which constitutes notice to the Plaintiff’s attorney and (2) waiting 10 days before service of the subpoena for records listed on the Notice of Production from Non Party. By issuance of this subpoena, the undersigned hereby certifies that no objection has been raised by the plaintiff's attorney or any other party to the issuance of the subpoena and obtaining the requested records. Dated: January 4, 2021 FOR THE COURT /s/Alina N. Yaniz Edward T. Sylvester, Esq. Florida Bar No. 0051612 esylvester@hinshawlaw.com Alina N. Yaniz, Esq. Florida Bar No. 1003560 ayaniz@hinshawlaw.com 2525 Ponce de Leon Blvd. 4th Floor Coral Gables, FL 33134 Telephone: 305-358-7747 Facsimile: 305-577-1063 Attorneys for Mid-Continent Casualty Company IN ACCORDANCE with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodation to participate in this proceeding should contact the ADA Coordinator at 1-800-955-8771, not later than five business days prior to such proceeding. 2 0979020\307197026.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 EXHIBIT “A”