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Filing # 139011870 E-Filed 11/22/2021 03:49:34 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
OCEAN BANK, Circuit Civil Division
Main Case No. 20-10948 CA 23
Plaintiff,
vs.
BLUE CONCERTS, LLC, et al.,
Defendants.
OCEAN BANK, Supplemental
Case No. 21-19003 CA 02
Plaintiff,
vs.
DREAM SHOW PRODUCTIONS 2020
LLC, ENTERTAINMENT ADVISORS OF
FLORIDA, LLC, MERCEDES VALARINO,
and STEPHANIE URBINA,
Impleaded Defendants.
PLAINTIFF’S FIRST REQUEST FOR
PRODUCTION TO MERCEDES VALARINO
Pursuant to Florida Rule of Civil Procedure 1.350, Plaintiff Ocean Bank requests that
Impleaded Defendant, Mercedes Valarino, produce the documents identified in this request in
accordance with the definitions and instructions set forth below.
Definitions
(a) The words “you,” “your,” and “Mercedes Valarino” refer to Impleaded Defendant,
Mercedes Valarino, her authorized agents, representatives, employees, managers, officers, or
directors, and any other person(s) acting for her, or on her behalf, or under her authority or control.
(b) The words “Blue Concerts” refer to Blue Concerts, LLC, its authorized agents,
representatives, employees, managers, officers, or directors, and any other person(s) acting for it,
or on its behalf, or under its authority or control.
(c) The word “person” means any individual, corporation, proprietorship, partnership,
trust, association, or any other entity.
Case No. 21-19003 CA 02
(d) The singular includes the plural and vice versa; the terms “and” or “or” are both
conjunctive and disjunctive; and the term “including” means “including without limitation.”
(e) The word “date” means the exact date, month, and year, if ascertainable or, if not,
the best approximation of the date (based upon relationship with other events).
(f) The word “document” means any writing, recording, electronically stored
information, 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.
(g) The terms “electronically stored information” and “ESI” mean and refer to
computer generated information or data of any kind, stored in or on any storage media located on
computers, file servers, disks, tape, or other real or virtualized devices or media.
(h) The term “native data format” means and refers to the format of ESI in which it
was generated and/or as used by the producing party in the usual course of its business and in its
regularly conducted activities.
(i) The term “metadata” means and refers to information about information or data
about data, and includes, without limitation: (i) information embedded in or associated with a
native file that is not ordinarily viewable or printable from the application that generated, edited,
or modified such native file which describes the characteristics, origins, usage, and/or validity of
the electronic file and/or (ii) information generated automatically by the operation of a computer
or other information technology system when a native file is created, modified, transmitted,
deleted, or otherwise manipulated by a user of such system.
(j) The term “static image” means or refers to a representation of ESI produced by
converting a native file into a standard image format capable of being viewed and printed on
standard computer systems.
(k) The word “media” means an object or device, real or virtualized, including but not
limited to a disc, tape, computer, or other device, on which data is or was stored.
(l) The words “pertain to” or “pertaining to” mean: relates to, refers to, contains,
concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates,
demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts, or contradicts.
(m) The word “communication” includes, but is not limited to, any and all
conversations, meetings, discussions, and any other exchange, whether in person, by telephone, or
electronically (including text, email, and instant messaging), as well as all letters, memoranda,
telegrams, cables, and other writings or documents.
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Case No. 21-19003 CA 02
Instructions
(a) The Florida Rules of Civil Procedure are incorporated herein by reference.
(b) These requests require you to produce all non-privileged documents in your
possession, custody, or control, or in the possession, custody, or control of your accountants,
attorneys, consultants, or any other person acting on your behalf.
(c) Your responses should be submitted in a form such that each response follows the
re-typed request to which it applies.
(d) An objection must clearly state whether any responsive documents are being
withheld on the basis of that objection. An objection to part of a request must specify the part and
permit inspection or copying of the rest.
(e) If you object to producing documents or ESI because of a privilege, you must
nevertheless provide the following information in a privilege log, unless divulging the information
would disclose the privilege: (i) the date; (ii) the type; (iii) the author; (iv) any recipients; (v) the
subject matter; and (vi) the basis for claim of privilege.
(f) If any requested document or ESI has been lost or destroyed, you must provide a
log containing the following information: (i) the date; (ii) the type; (iii)the author; (iv) any
recipients; and (v) the subject matter.
(g) For a document or ESI containing both privileged and non-privileged information,
you must disclose the non-privileged information to the fullest extent possible without thereby
disclosing the privileged information. If a privilege is asserted with regard to part of a document
or ESI, you must clearly identify the portions as to which the privilege is claimed. When a
document or ESI has been redacted or altered in any fashion, you must clearly identify the
redaction and provide the reason for the redaction.
(h) Documents and ESI produced in response to any request are to be produced in
native data format with all applicable metadata. A static image may be produced only if the
document or ESI has no metadata associated with it.
(i) In producing documents, such things as notes, clips, and other attachments to
documents as kept in the normal course of business should also be produced.
(j) The requests set forth herein should be read as calling for production of all drafts
and non-identical copies of documents and ESI produced in response.
(k) ESI is to be produced in 300 DPI Group IV Monochrome Tagged Image File
Format (.TIFF or .TIF) files. TIFF files shall be produced in single-page format along with image
load files. All documents are to be provided with multi-page extracted or OCR text (.TXT) files.
These text files and image load files should indicate page breaks. Provide any metadata values
associated with the produced electronic information in the form of a metadata load text file (.DAT
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Case No. 21-19003 CA 02
file) and using standard delimiters. Unless such materials contain privileged information, MS-
Excel spreadsheets should be produced in native format. The metadata load file (.DAT) shall
contain a link to the produced MS-Excel spreadsheets via data values called “Native Link”. The
Native Link values should contain the full directory path and file name of the MS-Excel
spreadsheet as contained in the produced media. Produce native MS-Excel files accompanied by
a placeholder tiff sheet containing the name of the bates number for each produced file. To the
extent such materials contain information subject to a claim of privilege, they shall be produced in
the form of a redacted .TIFF images. Bates number and any confidentiality designation should be
electronically branded on each produced TIFF image of ESI.
Request for Production
Please produce the following:
1. All documents pertaining to any consideration including anything of value given to
Blue Concerts in exchange for $11,250.00 transferred to you on or about November 23, 2020.
2. All documents pertaining to your communications with Blue Concerts.
3. All documents pertaining to your communications with Rafael Urbina.
4. All documents pertaining to your communications with Armando Gonzalez.
5. All documents pertaining to your position as “AMGR” and “Authorized Member”
of Entertainment Advisors as listed in the Florida official corporate records.
6. All documents showing the persons or entities who directly or indirectly own,
control, or hold with power to vote Dream Show Productions 2020 LLC’s outstanding voting
securities.
7. All documents showing the persons or entities who directly or indirectly own,
control, or hold with power to vote Entertainment Advisors of Florida, LLC’s outstanding voting
securities.
Respectfully submitted,
WEISSMAN & DERVISHI, P.A.
By: /s/ Peter A. Tappert
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Case No. 21-19003 CA 02
Brian S. Dervishi
Peter A. Tappert
Florida Bar Nos. 350303 and 27100
SunTrust International Center
One Southeast Third Avenue, Suite 1700
Miami, Florida 33131
305-347-4070 (Telephone)
305-347-4077 (Facsimile)
bdervishi@wdpalaw.com
ptappert@wdpalaw.com
service@wdpalaw.com
Attorneys for Ocean Bank
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on November 22, 2021, a true and correct copy of the foregoing
was served by email via the Florida Courts E-Filing Portal on the person listed below and all others
entitled to receive electronic service of court documents in this case.
/s/ Peter A. Tappert
Peter A. Tappert
Samir Masri, Esq.
Law Offices of Samir Masri
901 Ponce de Leon Blvd., Suite 101
Coral Gables, FL 33134
masrilaw@aol.com
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Preview
Filing # 139011870 E-Filed 11/22/2021 03:49:34 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA OCEAN BANK, Circuit Civil Division Main Case No. 20-10948 CA 23 Plaintiff, vs. BLUE CONCERTS, LLC, et al., Defendants. OCEAN BANK, Supplemental Case No. 21-19003 CA 02 Plaintiff, vs. DREAM SHOW PRODUCTIONS 2020 LLC, ENTERTAINMENT ADVISORS OF FLORIDA, LLC, MERCEDES VALARINO, and STEPHANIE URBINA, Impleaded Defendants. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO MERCEDES VALARINO Pursuant to Florida Rule of Civil Procedure 1.350, Plaintiff Ocean Bank requests that Impleaded Defendant, Mercedes Valarino, produce the documents identified in this request in accordance with the definitions and instructions set forth below. Definitions (a) The words “you,” “your,” and “Mercedes Valarino” refer to Impleaded Defendant, Mercedes Valarino, her authorized agents, representatives, employees, managers, officers, or directors, and any other person(s) acting for her, or on her behalf, or under her authority or control. (b) The words “Blue Concerts” refer to Blue Concerts, LLC, its authorized agents, representatives, employees, managers, officers, or directors, and any other person(s) acting for it, or on its behalf, or under its authority or control. (c) The word “person” means any individual, corporation, proprietorship, partnership, trust, association, or any other entity. Case No. 21-19003 CA 02 (d) The singular includes the plural and vice versa; the terms “and” or “or” are both conjunctive and disjunctive; and the term “including” means “including without limitation.” (e) The word “date” means the exact date, month, and year, if ascertainable or, if not, the best approximation of the date (based upon relationship with other events). (f) The word “document” means any writing, recording, electronically stored information, 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. (g) The terms “electronically stored information” and “ESI” mean and refer to computer generated information or data of any kind, stored in or on any storage media located on computers, file servers, disks, tape, or other real or virtualized devices or media. (h) The term “native data format” means and refers to the format of ESI in which it was generated and/or as used by the producing party in the usual course of its business and in its regularly conducted activities. (i) The term “metadata” means and refers to information about information or data about data, and includes, without limitation: (i) information embedded in or associated with a native file that is not ordinarily viewable or printable from the application that generated, edited, or modified such native file which describes the characteristics, origins, usage, and/or validity of the electronic file and/or (ii) information generated automatically by the operation of a computer or other information technology system when a native file is created, modified, transmitted, deleted, or otherwise manipulated by a user of such system. (j) The term “static image” means or refers to a representation of ESI produced by converting a native file into a standard image format capable of being viewed and printed on standard computer systems. (k) The word “media” means an object or device, real or virtualized, including but not limited to a disc, tape, computer, or other device, on which data is or was stored. (l) The words “pertain to” or “pertaining to” mean: relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts, or contradicts. (m) The word “communication” includes, but is not limited to, any and all conversations, meetings, discussions, and any other exchange, whether in person, by telephone, or electronically (including text, email, and instant messaging), as well as all letters, memoranda, telegrams, cables, and other writings or documents. 2 Case No. 21-19003 CA 02 Instructions (a) The Florida Rules of Civil Procedure are incorporated herein by reference. (b) These requests require you to produce all non-privileged documents in your possession, custody, or control, or in the possession, custody, or control of your accountants, attorneys, consultants, or any other person acting on your behalf. (c) Your responses should be submitted in a form such that each response follows the re-typed request to which it applies. (d) An objection must clearly state whether any responsive documents are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection or copying of the rest. (e) If you object to producing documents or ESI because of a privilege, you must nevertheless provide the following information in a privilege log, unless divulging the information would disclose the privilege: (i) the date; (ii) the type; (iii) the author; (iv) any recipients; (v) the subject matter; and (vi) the basis for claim of privilege. (f) If any requested document or ESI has been lost or destroyed, you must provide a log containing the following information: (i) the date; (ii) the type; (iii)the author; (iv) any recipients; and (v) the subject matter. (g) For a document or ESI containing both privileged and non-privileged information, you must disclose the non-privileged information to the fullest extent possible without thereby disclosing the privileged information. If a privilege is asserted with regard to part of a document or ESI, you must clearly identify the portions as to which the privilege is claimed. When a document or ESI has been redacted or altered in any fashion, you must clearly identify the redaction and provide the reason for the redaction. (h) Documents and ESI produced in response to any request are to be produced in native data format with all applicable metadata. A static image may be produced only if the document or ESI has no metadata associated with it. (i) In producing documents, such things as notes, clips, and other attachments to documents as kept in the normal course of business should also be produced. (j) The requests set forth herein should be read as calling for production of all drafts and non-identical copies of documents and ESI produced in response. (k) ESI is to be produced in 300 DPI Group IV Monochrome Tagged Image File Format (.TIFF or .TIF) files. TIFF files shall be produced in single-page format along with image load files. All documents are to be provided with multi-page extracted or OCR text (.TXT) files. These text files and image load files should indicate page breaks. Provide any metadata values associated with the produced electronic information in the form of a metadata load text file (.DAT 3 Case No. 21-19003 CA 02 file) and using standard delimiters. Unless such materials contain privileged information, MS- Excel spreadsheets should be produced in native format. The metadata load file (.DAT) shall contain a link to the produced MS-Excel spreadsheets via data values called “Native Link”. The Native Link values should contain the full directory path and file name of the MS-Excel spreadsheet as contained in the produced media. Produce native MS-Excel files accompanied by a placeholder tiff sheet containing the name of the bates number for each produced file. To the extent such materials contain information subject to a claim of privilege, they shall be produced in the form of a redacted .TIFF images. Bates number and any confidentiality designation should be electronically branded on each produced TIFF image of ESI. Request for Production Please produce the following: 1. All documents pertaining to any consideration including anything of value given to Blue Concerts in exchange for $11,250.00 transferred to you on or about November 23, 2020. 2. All documents pertaining to your communications with Blue Concerts. 3. All documents pertaining to your communications with Rafael Urbina. 4. All documents pertaining to your communications with Armando Gonzalez. 5. All documents pertaining to your position as “AMGR” and “Authorized Member” of Entertainment Advisors as listed in the Florida official corporate records. 6. All documents showing the persons or entities who directly or indirectly own, control, or hold with power to vote Dream Show Productions 2020 LLC’s outstanding voting securities. 7. All documents showing the persons or entities who directly or indirectly own, control, or hold with power to vote Entertainment Advisors of Florida, LLC’s outstanding voting securities. Respectfully submitted, WEISSMAN & DERVISHI, P.A. By: /s/ Peter A. Tappert 4 Case No. 21-19003 CA 02 Brian S. Dervishi Peter A. Tappert Florida Bar Nos. 350303 and 27100 SunTrust International Center One Southeast Third Avenue, Suite 1700 Miami, Florida 33131 305-347-4070 (Telephone) 305-347-4077 (Facsimile) bdervishi@wdpalaw.com ptappert@wdpalaw.com service@wdpalaw.com Attorneys for Ocean Bank CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 22, 2021, a true and correct copy of the foregoing was served by email via the Florida Courts E-Filing Portal on the person listed below and all others entitled to receive electronic service of court documents in this case. /s/ Peter A. Tappert Peter A. Tappert Samir Masri, Esq. Law Offices of Samir Masri 901 Ponce de Leon Blvd., Suite 101 Coral Gables, FL 33134 masrilaw@aol.com 5