Preview
Filing # 107626417 E-Filed 05/18/2020 03:15:39 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
ELEVATE EXTERIORS, INC.,
Plaintiff,
v. CASE NO. 19-CA-001868
GRACE REED and ERIC REED,
Defendants.
DEFENDANT, ERIC REED’S RESPONSE TO PLAINTIFF'S
FIRST REQUEST FOR PRODUCTION
Defendant, ERIC REED, (“Defendant”), by and through her undersigned counsel, files his
Response to Plaintiff's First Request for Production of Documents dated April 16, 2020, and states
as follows:
GENERAL OBJECTIONS
A. Defendant objects to the production ofany documents protected by the attorney-client
and/or work product privileges.
B. Defendant objects to the production of any documents that are neither relevant to the
issues in this action nor reasonably calculated to lead to the discovery of admissible evidence.
Cc. Defendant objects to any request for production of documents that is excessively
broad, unduly burdensome, vague and/or ambiguous.
D. Defendant objects to the production of any documents that are in the possession of
Plaintiff, have been previously produced to Plaintiff, or are equally accessible to Plaintiff.
Page 1 of 6
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 05/18/2020 03:15:39 PME. Defendant objects to Plaintiff's request and the instructions contained therein to the
extent the requests and instructions seek to impose obligations not required or contemplated by the
Florida Rules of Civil Procedure.
F. Nothing herein shall be construed as an admission by Defendant as to the relevancy
or admissibility at trial of any information that Defendant may provide in response to Plaintiff's
request.
Request for Production
1. Documents you used, read, or reviewed in connection with answering the
Interrogatories served contemporaneously with this Request for Production of Documents.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
2. Documents evidencing the condition of the Property including, but not limited to, the
roof and all of its associated components beginning on 4/17/18 through 12/05/18, inclusive.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
3. Documents evidencing expert reports, inspections, or any third party’s opinion,
evaluation, thoughts, impressions, or conclusions related to the Property which relate to or evidence
any allegations raised in the Pleadings.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
4. Documents evidencing expert reports, inspections, or estimates related to the roof and
all of its associated components.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
5. Documents that support any of the Amended Affirmative Defenses you filed in this
action on 10/17/19.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
Page 2 of 66. Documents evidencing any damage to the roof which you allege was caused as a
result of Plaintiff's alleged improper installation of the roof.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
7. Documents evidencing any expenditure or debt made or incurred by you for which
you seek compensation from Plaintiff including, but not limited to, checks, bank statements,
invoices, and receipts.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
8. Communications between you and Plaintiff regarding any allegation made in the
Pleadings.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
9. Communications between you and any third party regarding any allegation made in
the Pleadings.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
10. Documents evidencing the identities, contact information, or knowledge of any
witness who possesses information regarding any allegation made in the Plaintiffs.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
11. Estimates or other Documents reflecting the scope and cost of repairs for which you
allege the Plaintiff should pay.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
12. Any “Chapter 558 Notice of Defect” you sent Plaintiff.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
13. Any “Chapter 558 Notice of Defect” you sent to a third party.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
Page 3 of 614. | Documents evidencing or supporting your allegations in the following numbered
paragraphs of the Counterclaim:
a.
b,
8, in which you that Plaintiff's work “has not passed inspection.”
9, in which you allege Plaintiffs work “was of poor quality and
craftsmanship”.
10, in which you allege Plaintiff “installed an improper underlayment”.
11, in which you allege that you “hired Epic Home Solutions, LLC (Epic
Home) to inspect work completed by Elevate Exteriors.
12, in which you allege that “Epic Home determined the work was subpar
and in order to correct the faulty work done by Elevate Exteriors, the existing
roof will need to be replaced.”
13, in which you allege that you received an estimate of $64,100.00 to have
the roof removed and replaced.
16, in which you allege that “Elevate Exteriors breached the Contract by
failing to complete the services it was hired to complete.”
17, in which you allege that the work “did not pass inspection”.
18, in which you allege that you “have been damaged by Elevate Exteriors’
breach of contract.”
19, in which you allege, that you have been damaged by Elevate Exteriors’
breach of contract.”
22, in which you allege that “payments were made to Elevate Exteriors in the
amount of $16,000.00.
23, in which you allege that “the moneys rendered by the Reeds and
distributed by D. A. George were accepted by Elevate Exteriors and resulted
in a benefit to Elevate Exteriors.”
24, in which you allege “the Reeds are entitled to recover the moneys
rendered by the Reeds and distributed by D.A. George to Elevate Exteriors,
because it would be contrary to the principles of equity and good conscience
for Elevate to retain the payment when all the work will need to be redone at
an expense to the Reeds.”
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
Page 4 of 615. For the following requests, provide responsive documents not provided in response to
any previous request:
a. Documents you anticipate using at trial, any hearing or deposition in this
Action, or filing in this case, including documents you intend or anticipate
using for rebuttal, impeachment, or to refresh a witness’ recollection.
b. Curricula vitae, expert report(s), contracts, and other documents relating to
any expert(s) you anticipate or intend to use at the trial or any other
hearing in this case.
c. Documents exchanged between you and any expert related to the subject
matter of the complaint, whether you intend such expert to testify in this case
or not.
Response: Subject to the foregoing objections, all documents in Defendant’s possession
that are responsive to this request are being produced herewith.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
using the Florida Courts E-Filing Portal System on this 18" day of MAY, 2020:
aaron@brevardlegal.com
nwatts@brevardlegal.com
jfalatek@brevardlegal.com
GORDON & THALWITZER
Aaron Thalwitzer, Esq.
257 N. Orlando Avenue
Cocoa Beach, FL 32931
WOODWARD, PIRES & LOMBARDO, P.A.
3200 Tamiami Trail North, Suite 200
Naples, Florida 34103
(239) 649-6555
By:_A/J. Christopher Lombardo
J. Christopher Lombardo, Esq.
FBN: 372641
Page 5 of 64/ Lenore T. Brakefield
Lenore T. Brakefield, Esq.
FBN: 011083
clombardo: I-legal.com
Ibrakefield I-legal.com
service@wpl-legal.com
Counsel for Defendants Reed
Page 6 of 6
Preview
Filing # 107626417 E-Filed 05/18/2020 03:15:39 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION ELEVATE EXTERIORS, INC., Plaintiff, v. CASE NO. 19-CA-001868 GRACE REED and ERIC REED, Defendants. DEFENDANT, ERIC REED’S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION Defendant, ERIC REED, (“Defendant”), by and through her undersigned counsel, files his Response to Plaintiff's First Request for Production of Documents dated April 16, 2020, and states as follows: GENERAL OBJECTIONS A. Defendant objects to the production ofany documents protected by the attorney-client and/or work product privileges. B. Defendant objects to the production of any documents that are neither relevant to the issues in this action nor reasonably calculated to lead to the discovery of admissible evidence. Cc. Defendant objects to any request for production of documents that is excessively broad, unduly burdensome, vague and/or ambiguous. D. Defendant objects to the production of any documents that are in the possession of Plaintiff, have been previously produced to Plaintiff, or are equally accessible to Plaintiff. Page 1 of 6 FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 05/18/2020 03:15:39 PME. Defendant objects to Plaintiff's request and the instructions contained therein to the extent the requests and instructions seek to impose obligations not required or contemplated by the Florida Rules of Civil Procedure. F. Nothing herein shall be construed as an admission by Defendant as to the relevancy or admissibility at trial of any information that Defendant may provide in response to Plaintiff's request. Request for Production 1. Documents you used, read, or reviewed in connection with answering the Interrogatories served contemporaneously with this Request for Production of Documents. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 2. Documents evidencing the condition of the Property including, but not limited to, the roof and all of its associated components beginning on 4/17/18 through 12/05/18, inclusive. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 3. Documents evidencing expert reports, inspections, or any third party’s opinion, evaluation, thoughts, impressions, or conclusions related to the Property which relate to or evidence any allegations raised in the Pleadings. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 4. Documents evidencing expert reports, inspections, or estimates related to the roof and all of its associated components. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 5. Documents that support any of the Amended Affirmative Defenses you filed in this action on 10/17/19. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. Page 2 of 66. Documents evidencing any damage to the roof which you allege was caused as a result of Plaintiff's alleged improper installation of the roof. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 7. Documents evidencing any expenditure or debt made or incurred by you for which you seek compensation from Plaintiff including, but not limited to, checks, bank statements, invoices, and receipts. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 8. Communications between you and Plaintiff regarding any allegation made in the Pleadings. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 9. Communications between you and any third party regarding any allegation made in the Pleadings. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 10. Documents evidencing the identities, contact information, or knowledge of any witness who possesses information regarding any allegation made in the Plaintiffs. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 11. Estimates or other Documents reflecting the scope and cost of repairs for which you allege the Plaintiff should pay. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 12. Any “Chapter 558 Notice of Defect” you sent Plaintiff. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. 13. Any “Chapter 558 Notice of Defect” you sent to a third party. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. Page 3 of 614. | Documents evidencing or supporting your allegations in the following numbered paragraphs of the Counterclaim: a. b, 8, in which you that Plaintiff's work “has not passed inspection.” 9, in which you allege Plaintiffs work “was of poor quality and craftsmanship”. 10, in which you allege Plaintiff “installed an improper underlayment”. 11, in which you allege that you “hired Epic Home Solutions, LLC (Epic Home) to inspect work completed by Elevate Exteriors. 12, in which you allege that “Epic Home determined the work was subpar and in order to correct the faulty work done by Elevate Exteriors, the existing roof will need to be replaced.” 13, in which you allege that you received an estimate of $64,100.00 to have the roof removed and replaced. 16, in which you allege that “Elevate Exteriors breached the Contract by failing to complete the services it was hired to complete.” 17, in which you allege that the work “did not pass inspection”. 18, in which you allege that you “have been damaged by Elevate Exteriors’ breach of contract.” 19, in which you allege, that you have been damaged by Elevate Exteriors’ breach of contract.” 22, in which you allege that “payments were made to Elevate Exteriors in the amount of $16,000.00. 23, in which you allege that “the moneys rendered by the Reeds and distributed by D. A. George were accepted by Elevate Exteriors and resulted in a benefit to Elevate Exteriors.” 24, in which you allege “the Reeds are entitled to recover the moneys rendered by the Reeds and distributed by D.A. George to Elevate Exteriors, because it would be contrary to the principles of equity and good conscience for Elevate to retain the payment when all the work will need to be redone at an expense to the Reeds.” Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. Page 4 of 615. For the following requests, provide responsive documents not provided in response to any previous request: a. Documents you anticipate using at trial, any hearing or deposition in this Action, or filing in this case, including documents you intend or anticipate using for rebuttal, impeachment, or to refresh a witness’ recollection. b. Curricula vitae, expert report(s), contracts, and other documents relating to any expert(s) you anticipate or intend to use at the trial or any other hearing in this case. c. Documents exchanged between you and any expert related to the subject matter of the complaint, whether you intend such expert to testify in this case or not. Response: Subject to the foregoing objections, all documents in Defendant’s possession that are responsive to this request are being produced herewith. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by using the Florida Courts E-Filing Portal System on this 18" day of MAY, 2020: aaron@brevardlegal.com nwatts@brevardlegal.com jfalatek@brevardlegal.com GORDON & THALWITZER Aaron Thalwitzer, Esq. 257 N. Orlando Avenue Cocoa Beach, FL 32931 WOODWARD, PIRES & LOMBARDO, P.A. 3200 Tamiami Trail North, Suite 200 Naples, Florida 34103 (239) 649-6555 By:_A/J. Christopher Lombardo J. Christopher Lombardo, Esq. FBN: 372641 Page 5 of 64/ Lenore T. Brakefield Lenore T. Brakefield, Esq. FBN: 011083 clombardo: I-legal.com Ibrakefield I-legal.com service@wpl-legal.com Counsel for Defendants Reed Page 6 of 6