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Filing # 143587080 E-Filed 02/09/2022 12:05:32 PM
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
HELICON FOUNDATION
REPAIR SYSTEMS, INC.,
Plaintiff,
CASE NO.: 11-2021-CC-002276-0001-XX
v.
YALLA REALTY, LLC; ARI EISENBERG, individually;
OMEGA NATIONAL TITLE AGENCY, LLC;
and SUNRISE VACATION PROPERTIES, INC.
/
PLAINTIFF HELICON FOUNDATION REPAIR SYSTEMS, INC.’S FIRST REQUEST FOR
PRODUCTION TO DEFENDANT OMEGA NATIONAL TITLE AGENCY, LLC
Plaintiff, HELICON FOUNDATION REPAIR SYSTEMS, INC., by and through its
undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, requests that Defendant,
OMEGA NATIONAL TITLE AGENCY, LLC, produce the following documents, papers, and
items for the purpose of inspection and/or copying to GrayRobinson, P.A., One Lake Morton Drive,
Lakeland, Florida 33801, on or before thirty (30) days from the date of this service:
DEFINITIONS AND INSTRUCTIONS
A. The term “document” or “documents” is used in the broadest sense and includes, without
limitation, the following items whether printed or recorded, written or typed, reproduced by any mechanical,
electronic, or photographic process, or written or produced by hand, all information stored or located on
computer hardware or software, including all Electronically Stored Information “ESI” as defined herein, and
shall include all drafts and copies of any such document (unless such copy is identical in every respect with
the original or copy thereof produced), namely: agreements; communications, including newspaper or other
periodical reports or articles; intra office communication; correspondence; telegrams; memoranda; records
books’ summaries or record of telephone conversations; telephone logs; diaries; calendars; daytimers;
telephone message pads; forecasts; financial statements; statistical statements; management letters;
accountants’ or clients’ work papers; manuals; graphs; charts; accounts; analytical records; minutes or
443437237 v1
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/09/2022 12:05:32 PMrecords of meetings or conferences; reports and/or summaries of interviews; reports and/or summaries of
investigations; opinions or reports of consultants; appraisals; reports or summaries of negotiations;
brochures; pamphlets; circulars; trade letters; press releases; mag cards; telex files; teletypes; contracts; notes;
projections; marginal notations; photographs; drawings; specifications; securities ledgers or other records of
original entry; checks, back and front; typed or stenographic transcripts of any testimony given at a legal or
investigative proceeding; drafts of any of the foregoing, if applicable; and other documents or other writings
of whatever description, including, but not limited to, any information contained in any computer although
not yet printed out, within your possession, custody or control or the possession, custody or control of any
agent, employee (including without limitation, attorneys, accountants or advisors), or other person acting or
purporting to act on your behalf; for any document related to the matters described herein with is not in your
possession, but which you know to exist, you are requested to identify any such document and indicate to the
best of your ability that document’s present or last known location and custodian.
B. The term “ESI” refers to Electronically Stored Information, which includes, but is not limited
to, word-processing documents; spreadsheets; presentation documents; graphics; animations; images; e-mail
(including attachments which shall be kept with the e-mail); instant messages; text messages; voice mail;
audio, video and audiovisual recordings; databases and database subsets; and other user, or machine created,
digital information which is stored on computer networks, servers, computer systems, desktop computers,
laptop computers, home computers, the Internet, an Intranet, archives, discs, CD’s, diskettes, drives, tapes,
cartridges, flash drives, and other external storage media, personal digital assistants, handheld wireless
devices, cellular telephones, Blackberries, pagers, and voicemail systems.
Electronic documents shall be produced in their native format, as kept in the normal course of
business. Native files can also be produced in a “file by file” format, with accompanying metadata in
a Concordance delimited .DAT file. Examples of this are .msg, .eml, .doc, .xIs, etc. Each native file
should be named after the corresponding control number, and the following metadata fields available
(BegDoc, EndDoc, ParentID, AttachmentIDs, AttachmentFileName, ConversationIndex, To, From,
CC, BCC, Subject, Author, Recipient(s), DateSent, TimeSent, DateReceived, TimeReceived,
2
#43437237 v1DateCreated, DateModified, Custodian, FileType, OriginalPath, OriginalFileName, SourceName,
SourceFolder, PgCount, Extension, and Hash Value) included in a Concordance delimited .DAT file.
Imaged electronic documents shall be produced in single page tiff format in which each page
is named after the assigned Bates/Control Number, with corresponding document level OCR. The
image load file shall be in Concordance Opticon (.OPT) format with accompanying metadata produced
in a Concordance delimited .DAT file with the following metadata fields available (BegDoc, EndDoc,
ParentID, AttachmentIDs, AttachmentFileName, ConversationIndex, To, From, CC, BCC, Subject,
Author, Recipient(s), DateSent, TimeSent, DateReceived, TimeReceived, DateCreated, DateModified,
Custodian, FileType, OriginalPath, OriginalFileName, SourceName, SourceFolder, PgCount,
Extension, and Hash Value). If native documents are included, (Excel, Database, non-imaged files),
the relative path to the native file shall be included in the .DAT file and a numbered placeholder for
each Native file.
Imaged paper files shall be produced in single-page, Group 4 tiff format (@300 dpi), and each
page is named after the assigned Bates/Control Number, with corresponding document level OCR. A
load file in Concordance Opticon (.OPT) format shall be provided. Files shall be produced at the
document level by staples, paper clips, binder clips, or in any other reasonable order. Fields to be
included in Imaged Paper productions include BegDoc, EndDoc, PgCount, and any identifying
information such as box number, folder headings, etc.
Cc. “Communication” means any transmission or exchange of information between two or more
persons, orally or in writing, and includes, without limitation, any conversation or discussion, whether face-
to-face or by means of any telephone, telegraph, telecopier, electronic or other media.
D. “Or” means both “or” and “and.”
E. “All” includes the word “any” and “any” includes the word “all.”
F. “Each” includes the word “every” and “every” includes the word “each.”
G. The term “individual” shall mean any natural person.
#43437237 viH. “You,” “your,” “yourself,” “Defendant,” and “Omega” shall mean OMEGA NATIONAL
TITLE AGENCY, LLC, and any of its agents, officers, directors, employers, attorneys, accountants,
consultants, and representatives, and any other person acting or purporting to act on its behalf.
L “Plaintiff” and “Helicon” shall mean HELICON FOUNDATION REPAIR SYSTEMS,
INC., and any of his agents, officers, directors, employers, attorneys, accountants, consultants, and
representatives, and any other person acting or purporting to act on his behalf.
J. “Yalla Realty” shall mean Defendant, YALLA REALTY, LLC.
K. “Eisenberg” shall mean Defendant, ARI EISENBERG.
L. “Sunrise Vacation” shall mean Defendant, SUNRISE VACATION PROPERTIES, INC.
M. “Complaint,” and “this Action” refer to the civil action filed on or about December 1, 2021
in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, Case No.: 11-CC-
002276-0001-XX, and captioned Helicon Foundation Repair Systems, Inc. v. Yalla Realty, LLC, Ari
Eisenberg, Omega National Title Agency, LLC, and Sunrise Vacation Properties, Inc.
N. “Property” shall mean the property located and lying in Collier County at 728 108" Avenue
North, Naples, Florida 34108.
oO. “Contract” shall mean the Contract, dated July 17, 2020, between Helicon and Eisenberg.
P. “Work” shall mean the work performed or to be performed by Helicon at the Property under
the Contract, including to stabilize slab with attempt to lift and level and solidify and stabilize deeper soils.
Q. “Claim of Lien” shall mean the Claim of Lien recorded in the Public Records of Collier
County, Florida as Instrument No. 5961324 and in Official Records Book 5851, Page 2792.
R. “Funds” shall mean the proceeds of the sale of the Property that remain in the possession,
custody, or control of Omega, and are referred to in Paragraph 15 of the Complaint.
7 «6
Ss. “Care,” “custody,” “control,” or “possession” shall mean any item held by you or any of
your representatives, however designated, including your attorneys.
T. The term “person” or “persons” shall include, but not be limited to, natural persons, labor
organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy,
4
#43437237 vireceivers, organizations, business entities, or any other form of business, governmental, public, or charitable
entity.
U. “Relating to,” “relate to,” “refer to” “regarding,” and “concerning” shall be construed in their
broadest sense and shall mean directly or indirectly describing, setting forth, discussing, mentioning,
commenting upon, supporting, contradicting, or referring to the subject or topic in question, either in whole
or in part.
Vv. This request to you for production of documents is intended to obtain information not merely
within your possession but obtainable by you including, but not limited to, information in possession of your
attorney, employees, investigators, insurance carriers and their representatives.
w. Each request herein for a document or documents contemplates production thereof in full,
without abbreviation or expurgation, and calls for production of all copies that have notes or other written
material or markings not appearing on other copies.
xX. Identify the paragraph or paragraphs in response to which each document is produced.
Y. Identify the paragraph, if any, in response to which no documents will be produced.
Z. Identify each document produced in response to each request by the name of the person from
whose file the document was taken and the name of the file from which the documents was taken.
AA. _ In the event you withhold any documents as privileged, provide a privilege log as required
by law.
BB. Produce forthwith, upon the discovery thereof, any documents obtained or located
subsequent to production which would have been produced had it been available or its existence known at
the time this request was served.
CC. — Produce documents in the condition and order and arrangement in which they existed when
this request was served.
DOCU!
'S REQUESTED
1. All documents and communications exchanged between you and Yalla Realty and/or
Eisenberg that refer or relate to the Property.
#43437237 vi2. All documents and communications exchanged between you and Yalla Realty and/or
Eisenberg that refer or relate to Helicon, including, but not limited to, the Work performed on the Property
and the Claim of Lien.
3. All documents and communications exchanged between you and Sunrise that refer or relate
to Helicon, including, but not limited to, the Work performed on the Property and the Claim of Lien.
4. All documents and communications exchanged between you and Yalla Realty, Eisenberg,
and/or Sunrise that refer or relate to the Funds.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 9th day of February, 2022, a copy of the foregoing was
filed through Florida’s e-Filing Portal and served via electronic mail delivery to Counsel for
Defendant Omega National Title Agency, LLC, Jessica Farrelly, Esquire (jfarrelly@fmglaw.com
and kjones@fmglaw.com), Freeman Mathis & Gary, LLP, 2502 N. Rocky Point Drive, Suite 860,
Tampa, Florida 33607; and to Ari Eisenberg, Manager, Yalla Realty, LLC
(yallarealty@gmail.com).
GRAYROBINSON, P.A.
/s/ Matthew D. Jones
MATTHEW D. JONES, ESQUIRE
Florida Bar No. 86003
Primary: matthew.jones@gray-robinson.com
Secondary: karen.pollard@gray-robinson.com
Post Office Box 3
Lakeland, Florida 33802-0003
Telephone: (863) 284-2251
Facsimile: (863) 683-7462
Attorney for Plaintiff
#43437237 vi
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Filing # 143587080 E-Filed 02/09/2022 12:05:32 PM IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA HELICON FOUNDATION REPAIR SYSTEMS, INC., Plaintiff, CASE NO.: 11-2021-CC-002276-0001-XX v. YALLA REALTY, LLC; ARI EISENBERG, individually; OMEGA NATIONAL TITLE AGENCY, LLC; and SUNRISE VACATION PROPERTIES, INC. / PLAINTIFF HELICON FOUNDATION REPAIR SYSTEMS, INC.’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT OMEGA NATIONAL TITLE AGENCY, LLC Plaintiff, HELICON FOUNDATION REPAIR SYSTEMS, INC., by and through its undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, requests that Defendant, OMEGA NATIONAL TITLE AGENCY, LLC, produce the following documents, papers, and items for the purpose of inspection and/or copying to GrayRobinson, P.A., One Lake Morton Drive, Lakeland, Florida 33801, on or before thirty (30) days from the date of this service: DEFINITIONS AND INSTRUCTIONS A. The term “document” or “documents” is used in the broadest sense and includes, without limitation, the following items whether printed or recorded, written or typed, reproduced by any mechanical, electronic, or photographic process, or written or produced by hand, all information stored or located on computer hardware or software, including all Electronically Stored Information “ESI” as defined herein, and shall include all drafts and copies of any such document (unless such copy is identical in every respect with the original or copy thereof produced), namely: agreements; communications, including newspaper or other periodical reports or articles; intra office communication; correspondence; telegrams; memoranda; records books’ summaries or record of telephone conversations; telephone logs; diaries; calendars; daytimers; telephone message pads; forecasts; financial statements; statistical statements; management letters; accountants’ or clients’ work papers; manuals; graphs; charts; accounts; analytical records; minutes or 443437237 v1 FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/09/2022 12:05:32 PMrecords of meetings or conferences; reports and/or summaries of interviews; reports and/or summaries of investigations; opinions or reports of consultants; appraisals; reports or summaries of negotiations; brochures; pamphlets; circulars; trade letters; press releases; mag cards; telex files; teletypes; contracts; notes; projections; marginal notations; photographs; drawings; specifications; securities ledgers or other records of original entry; checks, back and front; typed or stenographic transcripts of any testimony given at a legal or investigative proceeding; drafts of any of the foregoing, if applicable; and other documents or other writings of whatever description, including, but not limited to, any information contained in any computer although not yet printed out, within your possession, custody or control or the possession, custody or control of any agent, employee (including without limitation, attorneys, accountants or advisors), or other person acting or purporting to act on your behalf; for any document related to the matters described herein with is not in your possession, but which you know to exist, you are requested to identify any such document and indicate to the best of your ability that document’s present or last known location and custodian. B. The term “ESI” refers to Electronically Stored Information, which includes, but is not limited to, word-processing documents; spreadsheets; presentation documents; graphics; animations; images; e-mail (including attachments which shall be kept with the e-mail); instant messages; text messages; voice mail; audio, video and audiovisual recordings; databases and database subsets; and other user, or machine created, digital information which is stored on computer networks, servers, computer systems, desktop computers, laptop computers, home computers, the Internet, an Intranet, archives, discs, CD’s, diskettes, drives, tapes, cartridges, flash drives, and other external storage media, personal digital assistants, handheld wireless devices, cellular telephones, Blackberries, pagers, and voicemail systems. Electronic documents shall be produced in their native format, as kept in the normal course of business. Native files can also be produced in a “file by file” format, with accompanying metadata in a Concordance delimited .DAT file. Examples of this are .msg, .eml, .doc, .xIs, etc. Each native file should be named after the corresponding control number, and the following metadata fields available (BegDoc, EndDoc, ParentID, AttachmentIDs, AttachmentFileName, ConversationIndex, To, From, CC, BCC, Subject, Author, Recipient(s), DateSent, TimeSent, DateReceived, TimeReceived, 2 #43437237 v1DateCreated, DateModified, Custodian, FileType, OriginalPath, OriginalFileName, SourceName, SourceFolder, PgCount, Extension, and Hash Value) included in a Concordance delimited .DAT file. Imaged electronic documents shall be produced in single page tiff format in which each page is named after the assigned Bates/Control Number, with corresponding document level OCR. The image load file shall be in Concordance Opticon (.OPT) format with accompanying metadata produced in a Concordance delimited .DAT file with the following metadata fields available (BegDoc, EndDoc, ParentID, AttachmentIDs, AttachmentFileName, ConversationIndex, To, From, CC, BCC, Subject, Author, Recipient(s), DateSent, TimeSent, DateReceived, TimeReceived, DateCreated, DateModified, Custodian, FileType, OriginalPath, OriginalFileName, SourceName, SourceFolder, PgCount, Extension, and Hash Value). If native documents are included, (Excel, Database, non-imaged files), the relative path to the native file shall be included in the .DAT file and a numbered placeholder for each Native file. Imaged paper files shall be produced in single-page, Group 4 tiff format (@300 dpi), and each page is named after the assigned Bates/Control Number, with corresponding document level OCR. A load file in Concordance Opticon (.OPT) format shall be provided. Files shall be produced at the document level by staples, paper clips, binder clips, or in any other reasonable order. Fields to be included in Imaged Paper productions include BegDoc, EndDoc, PgCount, and any identifying information such as box number, folder headings, etc. Cc. “Communication” means any transmission or exchange of information between two or more persons, orally or in writing, and includes, without limitation, any conversation or discussion, whether face- to-face or by means of any telephone, telegraph, telecopier, electronic or other media. D. “Or” means both “or” and “and.” E. “All” includes the word “any” and “any” includes the word “all.” F. “Each” includes the word “every” and “every” includes the word “each.” G. The term “individual” shall mean any natural person. #43437237 viH. “You,” “your,” “yourself,” “Defendant,” and “Omega” shall mean OMEGA NATIONAL TITLE AGENCY, LLC, and any of its agents, officers, directors, employers, attorneys, accountants, consultants, and representatives, and any other person acting or purporting to act on its behalf. L “Plaintiff” and “Helicon” shall mean HELICON FOUNDATION REPAIR SYSTEMS, INC., and any of his agents, officers, directors, employers, attorneys, accountants, consultants, and representatives, and any other person acting or purporting to act on his behalf. J. “Yalla Realty” shall mean Defendant, YALLA REALTY, LLC. K. “Eisenberg” shall mean Defendant, ARI EISENBERG. L. “Sunrise Vacation” shall mean Defendant, SUNRISE VACATION PROPERTIES, INC. M. “Complaint,” and “this Action” refer to the civil action filed on or about December 1, 2021 in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, Case No.: 11-CC- 002276-0001-XX, and captioned Helicon Foundation Repair Systems, Inc. v. Yalla Realty, LLC, Ari Eisenberg, Omega National Title Agency, LLC, and Sunrise Vacation Properties, Inc. N. “Property” shall mean the property located and lying in Collier County at 728 108" Avenue North, Naples, Florida 34108. oO. “Contract” shall mean the Contract, dated July 17, 2020, between Helicon and Eisenberg. P. “Work” shall mean the work performed or to be performed by Helicon at the Property under the Contract, including to stabilize slab with attempt to lift and level and solidify and stabilize deeper soils. Q. “Claim of Lien” shall mean the Claim of Lien recorded in the Public Records of Collier County, Florida as Instrument No. 5961324 and in Official Records Book 5851, Page 2792. R. “Funds” shall mean the proceeds of the sale of the Property that remain in the possession, custody, or control of Omega, and are referred to in Paragraph 15 of the Complaint. 7 «6 Ss. “Care,” “custody,” “control,” or “possession” shall mean any item held by you or any of your representatives, however designated, including your attorneys. T. The term “person” or “persons” shall include, but not be limited to, natural persons, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, 4 #43437237 vireceivers, organizations, business entities, or any other form of business, governmental, public, or charitable entity. U. “Relating to,” “relate to,” “refer to” “regarding,” and “concerning” shall be construed in their broadest sense and shall mean directly or indirectly describing, setting forth, discussing, mentioning, commenting upon, supporting, contradicting, or referring to the subject or topic in question, either in whole or in part. Vv. This request to you for production of documents is intended to obtain information not merely within your possession but obtainable by you including, but not limited to, information in possession of your attorney, employees, investigators, insurance carriers and their representatives. w. Each request herein for a document or documents contemplates production thereof in full, without abbreviation or expurgation, and calls for production of all copies that have notes or other written material or markings not appearing on other copies. xX. Identify the paragraph or paragraphs in response to which each document is produced. Y. Identify the paragraph, if any, in response to which no documents will be produced. Z. Identify each document produced in response to each request by the name of the person from whose file the document was taken and the name of the file from which the documents was taken. AA. _ In the event you withhold any documents as privileged, provide a privilege log as required by law. BB. Produce forthwith, upon the discovery thereof, any documents obtained or located subsequent to production which would have been produced had it been available or its existence known at the time this request was served. CC. — Produce documents in the condition and order and arrangement in which they existed when this request was served. DOCU! 'S REQUESTED 1. All documents and communications exchanged between you and Yalla Realty and/or Eisenberg that refer or relate to the Property. #43437237 vi2. All documents and communications exchanged between you and Yalla Realty and/or Eisenberg that refer or relate to Helicon, including, but not limited to, the Work performed on the Property and the Claim of Lien. 3. All documents and communications exchanged between you and Sunrise that refer or relate to Helicon, including, but not limited to, the Work performed on the Property and the Claim of Lien. 4. All documents and communications exchanged between you and Yalla Realty, Eisenberg, and/or Sunrise that refer or relate to the Funds. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9th day of February, 2022, a copy of the foregoing was filed through Florida’s e-Filing Portal and served via electronic mail delivery to Counsel for Defendant Omega National Title Agency, LLC, Jessica Farrelly, Esquire (jfarrelly@fmglaw.com and kjones@fmglaw.com), Freeman Mathis & Gary, LLP, 2502 N. Rocky Point Drive, Suite 860, Tampa, Florida 33607; and to Ari Eisenberg, Manager, Yalla Realty, LLC (yallarealty@gmail.com). GRAYROBINSON, P.A. /s/ Matthew D. Jones MATTHEW D. JONES, ESQUIRE Florida Bar No. 86003 Primary: matthew.jones@gray-robinson.com Secondary: karen.pollard@gray-robinson.com Post Office Box 3 Lakeland, Florida 33802-0003 Telephone: (863) 284-2251 Facsimile: (863) 683-7462 Attorney for Plaintiff #43437237 vi