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Filing # 95766877 E-Filed 09/16/2019 02:47:07 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
DAVID NEVILLE and
RICK MARSICO,
Plaintiffs,
Vv. CASE NO.: 19-CA-2166
VIRIDIAN MARBLE AND TILE, LLC,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION
Plaintiffs, DAVID NEVILLE and RICK MARSICO, by and through their undersigned
counsel, pursuant to Rule 1.350, Fla. R. Civ. P., file this their first Request for Production directed
to Defendant, VIRIDIAN MARBLE AND TILE, LLC, who is required to produce the following
delineated documentation to Lindsay & Allen, PLLC, 13180 Livingston Road, Suite 206, Naples,
FL 34109 within thirty (30) days from the date of service.
Definitions
1. The “Property” means the real property located at 900 Caxambas Drive, Marco Island, FL
34145, which is improved by a single-family home.
2. The terms “document” or “documents” mean the original and all drafts or copies thereof
which are different in any way from the original (whether by interlineation, receipt stamps notation,
indication of copies sent or received, or otherwise) and all attached or annexed materials to any
written, typewritten, handwritten, printed, graphic, photographic or recorded material,
correspondence, telegrams, facsimiles, telexes, emails, memoranda, records of meetings,
conferences, telephone or other communications, pamphlets, books, notes, reports, studies,
transcripts, indexes, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates,
minutes, tapes, photographs and photographic films, sound recordings, phonograph records,
video tapes, data compilations from which information can be obtained or can be translated into
a form reasonably usable, computer data files, tapes, electronic media, inputs or outputs, and
other computer-readable records or programs, all electronically stored or created data, whether
written, typed, printed, punched, filmed, marked in any way, data or information stored in any form
readable or accessible by computer including, but not limited to, magnetic tape storage media,
hard disks, hard drives, floppy disks, compact disks, computer tapes, memory and magnetic tapes
of any kind, backup copies and “deleted” files on any computer storage devise or media, including
the printed output of any such electronic data/communications processing equipment or
magnetically stored information, computer memory, optical media, magneto media, and other
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 09/16/2019 02:47:07 PMphysical media on which notations or making of any kind can be affixed whether located on-site
or off-site. All drafts, copies or preliminary materials which are different in any way from the
executed or final documents shall be considered to be additional documents as the terms are
used herein.
3. The term “electronic data/communications’ as used herein means the original (or identical
duplicate when the original is not available), and any non-identical copies (whether non-identical
because of notes made on copies or attached comments, annotations, marks, transmission
notations, or highlighting of any kind) of writings of every kind and description whether inscribed
by mechanical, facsimile, electronic, magnetic, digital, or other means. Electronic
data/communications includes, by way of example only, computer programs (whether private,
commercial or work-in-progress), programming notes or instructions, activity listings of electronic
mail receipts and/or transmittals, output resulting from the use of any software program, including
word processing documents, spreadsheets, database files, charts, graphs and outlines, electronic
mail or e-mail, operating systems, source code of all types, peripheral drivers, PIF files, batch
files, ASCH files, and any and all miscellaneous files and/or file fragments, regardless of the media
on which they reside and regardless of whether said electronic data/communications consists in
an active file, deleted file or file fragment. Electronic data/communications includes any and all
items stored on computer memories, hard disks, floppy disks, CD-ROMs removable media such
as Zip disks, Jaz cartridges, Bernoulli Boxes and their equivalent, magnetic tapes of all types,
microfiche, punched cards, punched tape, computer chips, including, but not limited to EPROM,
PROM, RAM, and ROM, on or in any other vehicle for digital data storage and/or transmittal. The
term electronic data/communications also includes the file, folder tabs and /or containers and
labels appended to, or associated with, any physical storage device associated with each original
and/or copy.
4. The term “electronic media” means any magnetic or other storage media device used to
record electronic data/communications. Electronic media devices may include, but are not limited
to, computer memories, hard disks or drives, floppy disks, CD-ROM, removable media such as
Bernoulli Boxes and their equivalent, magnetic tapes of all types, microfiche, punched cards,
punched tape, computer chips, including but not limited to EPROM, PROM, RAM, and ROM, or
on or in any other vehicle for digital data storage and /or transmittal.
5. The term “deleted file” means any electronic data/communications file that has been
deleted or deleted from the electronic media on which it resided.
WARNING: THIS DOCUMENT REQUEST ENCOMPASSES ALL
COMPUTER RECORDS OR FILES ON ANY COMPUTERS,
EQUIPMENT, MACHINERY, OR FILES IN YOUR ACTUAL OR
CONSTRUCTIVE POSSESSION, CUSTODY, CARE, OR CONTROL.
ACCORDINGLY, EVEN IF A PARTICULAR DOCUMENT WAS
DELETED, PURGED, OR ARCHIVED, THIS DOCUMENT REQUEST
REQUIRES A DILIGENT SEARCH OF ANY AND ALL COMPUTER
RECORDS, DRIVES, DISK, DISKETTES, FLOPPY DISKS, OR OTHER
STORAGE MEDIUM ON WHICH ANY DOCUMENT OR ANY
INFORMATION REQUESTED HEREIN MIGHT RESIDE OR BE FOUND,
SPECIFICALLY INCLUDING ALL BACKUP FILES OR ANY DRIVE
CONTAINING ANY BACKUP OR COPY OF ANY DOCUMENTS
REQUESTED HEREIN.
6. The term “information” means data of any kind recorded in any language, includingmachine language and recorded numerically, and in any form of expression.
7. “Communication” means any written or oral statement, dialogue, colloquialism,
discussion, conversation or agreement.
8. “Refer to” or “relate to” means to make a statement about, discuss, describe, reflect,
constitute, identify, deal with, consist of, establish, compromise, list, evidence, substantiate or in
any way pertain, in whole or in part, to the subject.
9. “You” means Defendant VIRIDIAN MARBLE AND TILE, LLC, including its employees,
agents, and others acting on its behalf.
Claim of Privilege
If you object to any request or part thereof on the basis of a claim of attorney-client or work
product privilege, identify the privilege claimed as well as each statement or communication for
which such privilege is claimed, and provide the following with respect to each such statement or
communication: (A) the date thereof; (B) identify all persons present, if an oral communications,
or all persons who received a copy of the communication, if written; and (C) the basis on which
the privilege is claimed.
Documents to be Produced
contracts between you and DAVID NEVILLE.
contracts between you and RICK MARSICO.
Al
Al
3. All contracts between you and Naples Building Group, LLC.
All communications between you and DAVID NEVILLE.
Al
5. communications between you and RICK MARSICO.
6. All documents and communications that refer or relate to the Property, including but not
limited to invoices, purchase orders, change orders, contracts, subcontracts, payments, and
photographs.
7. All documents and communications that refer or relate to water intrusion at the Property,
including but not limited to investigative reports.
8. All documents and communications between you and Charlie Yelvington that refer or
relate to the Property.
9. All documents and communications between you and Dave Wainscott that refer or relate
to the Property.10. All documents and communications between you and Naples Building Group LLC that
refer or relate to the Property.
11. All documents and communications which you contend support your First Affirmative
Defense.
12. All documents and communications which you contend support your Second Affirmative
Defense.
13. All documents and communications which you contend support your Third Affirmative
Defense.
14. All documents and communications which you contend support your Fourth Affirmative
Defense.
15. All documents and communications which you contend support your Fifth Affirmative
Defense.
16. All documents and communications which you contend support your Sixth Affirmative
Defense.
17. All documents and communications which you contend support your Seventh Affirmative
Defense.
18. All documents and communications which you contend support your Eighth Affirmative
Defense.
19. All documents and communications which you contend support your Ninth Affirmative
Defense.
20. All documents and communications which you contend support your Tenth Affirmative
Defense.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been served in
accordance with Florida Rule of Judicial Administration 2.516 this 16th day of September, 2019
to:
Neil Morales, Esq.
Law Offices of Neil Morales, P.A.
2272 Airport Road South, Suite 209
Naples, FL 34112
(239) 659-5291
(239) 659-5219 (fax)
LawOfficeNM@yahoo.com
Neil_Morales2610@yahoo.comLINDSAY & ALLEN, PLLC
/s/ Kelsey Hazzard
Todd B. Allen, Esq.
Florida Bar No. 83990
Kelsey Hazzard, Esq.
Florida Bar No. 99795
13180 Livingston Road, Suite 206
Naples, Florida 34109
Telephone: (239) 593-7900
todd@naples.law
kelsey@naples.law
nancy@naples.law
victoria@naples.law
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Filing # 95766877 E-Filed 09/16/2019 02:47:07 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION DAVID NEVILLE and RICK MARSICO, Plaintiffs, Vv. CASE NO.: 19-CA-2166 VIRIDIAN MARBLE AND TILE, LLC, Defendant. / PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION Plaintiffs, DAVID NEVILLE and RICK MARSICO, by and through their undersigned counsel, pursuant to Rule 1.350, Fla. R. Civ. P., file this their first Request for Production directed to Defendant, VIRIDIAN MARBLE AND TILE, LLC, who is required to produce the following delineated documentation to Lindsay & Allen, PLLC, 13180 Livingston Road, Suite 206, Naples, FL 34109 within thirty (30) days from the date of service. Definitions 1. The “Property” means the real property located at 900 Caxambas Drive, Marco Island, FL 34145, which is improved by a single-family home. 2. The terms “document” or “documents” mean the original and all drafts or copies thereof which are different in any way from the original (whether by interlineation, receipt stamps notation, indication of copies sent or received, or otherwise) and all attached or annexed materials to any written, typewritten, handwritten, printed, graphic, photographic or recorded material, correspondence, telegrams, facsimiles, telexes, emails, memoranda, records of meetings, conferences, telephone or other communications, pamphlets, books, notes, reports, studies, transcripts, indexes, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates, minutes, tapes, photographs and photographic films, sound recordings, phonograph records, video tapes, data compilations from which information can be obtained or can be translated into a form reasonably usable, computer data files, tapes, electronic media, inputs or outputs, and other computer-readable records or programs, all electronically stored or created data, whether written, typed, printed, punched, filmed, marked in any way, data or information stored in any form readable or accessible by computer including, but not limited to, magnetic tape storage media, hard disks, hard drives, floppy disks, compact disks, computer tapes, memory and magnetic tapes of any kind, backup copies and “deleted” files on any computer storage devise or media, including the printed output of any such electronic data/communications processing equipment or magnetically stored information, computer memory, optical media, magneto media, and other FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 09/16/2019 02:47:07 PMphysical media on which notations or making of any kind can be affixed whether located on-site or off-site. All drafts, copies or preliminary materials which are different in any way from the executed or final documents shall be considered to be additional documents as the terms are used herein. 3. The term “electronic data/communications’ as used herein means the original (or identical duplicate when the original is not available), and any non-identical copies (whether non-identical because of notes made on copies or attached comments, annotations, marks, transmission notations, or highlighting of any kind) of writings of every kind and description whether inscribed by mechanical, facsimile, electronic, magnetic, digital, or other means. Electronic data/communications includes, by way of example only, computer programs (whether private, commercial or work-in-progress), programming notes or instructions, activity listings of electronic mail receipts and/or transmittals, output resulting from the use of any software program, including word processing documents, spreadsheets, database files, charts, graphs and outlines, electronic mail or e-mail, operating systems, source code of all types, peripheral drivers, PIF files, batch files, ASCH files, and any and all miscellaneous files and/or file fragments, regardless of the media on which they reside and regardless of whether said electronic data/communications consists in an active file, deleted file or file fragment. Electronic data/communications includes any and all items stored on computer memories, hard disks, floppy disks, CD-ROMs removable media such as Zip disks, Jaz cartridges, Bernoulli Boxes and their equivalent, magnetic tapes of all types, microfiche, punched cards, punched tape, computer chips, including, but not limited to EPROM, PROM, RAM, and ROM, on or in any other vehicle for digital data storage and/or transmittal. The term electronic data/communications also includes the file, folder tabs and /or containers and labels appended to, or associated with, any physical storage device associated with each original and/or copy. 4. The term “electronic media” means any magnetic or other storage media device used to record electronic data/communications. Electronic media devices may include, but are not limited to, computer memories, hard disks or drives, floppy disks, CD-ROM, removable media such as Bernoulli Boxes and their equivalent, magnetic tapes of all types, microfiche, punched cards, punched tape, computer chips, including but not limited to EPROM, PROM, RAM, and ROM, or on or in any other vehicle for digital data storage and /or transmittal. 5. The term “deleted file” means any electronic data/communications file that has been deleted or deleted from the electronic media on which it resided. WARNING: THIS DOCUMENT REQUEST ENCOMPASSES ALL COMPUTER RECORDS OR FILES ON ANY COMPUTERS, EQUIPMENT, MACHINERY, OR FILES IN YOUR ACTUAL OR CONSTRUCTIVE POSSESSION, CUSTODY, CARE, OR CONTROL. ACCORDINGLY, EVEN IF A PARTICULAR DOCUMENT WAS DELETED, PURGED, OR ARCHIVED, THIS DOCUMENT REQUEST REQUIRES A DILIGENT SEARCH OF ANY AND ALL COMPUTER RECORDS, DRIVES, DISK, DISKETTES, FLOPPY DISKS, OR OTHER STORAGE MEDIUM ON WHICH ANY DOCUMENT OR ANY INFORMATION REQUESTED HEREIN MIGHT RESIDE OR BE FOUND, SPECIFICALLY INCLUDING ALL BACKUP FILES OR ANY DRIVE CONTAINING ANY BACKUP OR COPY OF ANY DOCUMENTS REQUESTED HEREIN. 6. The term “information” means data of any kind recorded in any language, includingmachine language and recorded numerically, and in any form of expression. 7. “Communication” means any written or oral statement, dialogue, colloquialism, discussion, conversation or agreement. 8. “Refer to” or “relate to” means to make a statement about, discuss, describe, reflect, constitute, identify, deal with, consist of, establish, compromise, list, evidence, substantiate or in any way pertain, in whole or in part, to the subject. 9. “You” means Defendant VIRIDIAN MARBLE AND TILE, LLC, including its employees, agents, and others acting on its behalf. Claim of Privilege If you object to any request or part thereof on the basis of a claim of attorney-client or work product privilege, identify the privilege claimed as well as each statement or communication for which such privilege is claimed, and provide the following with respect to each such statement or communication: (A) the date thereof; (B) identify all persons present, if an oral communications, or all persons who received a copy of the communication, if written; and (C) the basis on which the privilege is claimed. Documents to be Produced contracts between you and DAVID NEVILLE. contracts between you and RICK MARSICO. Al Al 3. All contracts between you and Naples Building Group, LLC. All communications between you and DAVID NEVILLE. Al 5. communications between you and RICK MARSICO. 6. All documents and communications that refer or relate to the Property, including but not limited to invoices, purchase orders, change orders, contracts, subcontracts, payments, and photographs. 7. All documents and communications that refer or relate to water intrusion at the Property, including but not limited to investigative reports. 8. All documents and communications between you and Charlie Yelvington that refer or relate to the Property. 9. All documents and communications between you and Dave Wainscott that refer or relate to the Property.10. All documents and communications between you and Naples Building Group LLC that refer or relate to the Property. 11. All documents and communications which you contend support your First Affirmative Defense. 12. All documents and communications which you contend support your Second Affirmative Defense. 13. All documents and communications which you contend support your Third Affirmative Defense. 14. All documents and communications which you contend support your Fourth Affirmative Defense. 15. All documents and communications which you contend support your Fifth Affirmative Defense. 16. All documents and communications which you contend support your Sixth Affirmative Defense. 17. All documents and communications which you contend support your Seventh Affirmative Defense. 18. All documents and communications which you contend support your Eighth Affirmative Defense. 19. All documents and communications which you contend support your Ninth Affirmative Defense. 20. All documents and communications which you contend support your Tenth Affirmative Defense. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been served in accordance with Florida Rule of Judicial Administration 2.516 this 16th day of September, 2019 to: Neil Morales, Esq. Law Offices of Neil Morales, P.A. 2272 Airport Road South, Suite 209 Naples, FL 34112 (239) 659-5291 (239) 659-5219 (fax) LawOfficeNM@yahoo.com Neil_Morales2610@yahoo.comLINDSAY & ALLEN, PLLC /s/ Kelsey Hazzard Todd B. Allen, Esq. Florida Bar No. 83990 Kelsey Hazzard, Esq. Florida Bar No. 99795 13180 Livingston Road, Suite 206 Naples, Florida 34109 Telephone: (239) 593-7900 todd@naples.law kelsey@naples.law nancy@naples.law victoria@naples.law