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Filing # 150884792 E-Filed 06/06/2022 09:32:32 AM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
SUN CITY CENTER WEST MASTER
ASSOCIATION, INC.,
Plaintiff, Case No.: 20-CA- 10043
vs. Division: A
FIRSTSERVICE RESIDENTIAL FLORIDA,
INC., and FEDERATION OF KINGS POINT
ASSOCIATIONS, INC.,
Defendants.
/
PLAINTIFF'S MOTION TO COMPEL
RESPONSE TO PLAINTIFF'S FIFTH REQUEST FOR PRODUCTION
DIRECTEQ TO DEFENDANT FIRSTSERVICE R1§iDENTiAL FLORIDA. INK
The Plaintiff, SUN CITY CENTER WEST MASTER ASSOCIATION, INC., by and
through its undersigned counsel, files this its Motion to Compel Response to Plaintiflf's Fifth
Request for Production against Defendant, FIRSTSERVICE RESIDENTIAL FLORIDA, INC.
("FSR"), and states the following:
1. On April 22, 2022, Plaintiff served a Request for Production of Documents upon
Defendant, FSR. The Request for Production served upon FSR contained four requests seeking
information related to the damages sought in Count X of the Second Amended Complaint, which
is for violation of the Computer Abuse and Data Recovery Act ("CADRA"), codified in Chapter
668 of the Florida Statutes.
2. Section 668.804(1), Florida Statutes, is the remedies section of CADRA. As to
damages, section 668.804(1) states:
(1) A person who brings a civil action for a violation under S. 668.803 mays
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(a) Recover actual damages, including the person's lost profits and
economic damages.
(b) Recover the violator 's pro/its that are not included in the computation
of actual damages under paragraph (a).
(Emphasis added).
3. Based on this statute, Plaintiff propounded the following four requests seeking
information about "the violator's profits":
a. All profit and loss statements of Defendant, FSR, since June 1, 2020. (June 1, 2020
is the day after the contractual term ended. Following termination, Defendant's
authorization to hold Plaintiff' s electronic data ended.)
b. All income statements of Defendant, FSR, since June 1, 2020.
C. All income, profit, and loss analyses for Defendant, FSR's, management of
Defendant Federation since June 1, 2020.
d, All tax returns of Defendant, FSR, filed after June 1, 2020.
4. On May 23, 2022, Defendant, FSR, filed "Responses and Objections" to the
Request for Production. To each of the four requests, Defendant objected as follows: "Objection.
Defendant objects to this request on the basis that the documents sought are confidential,
proprietary in nature, overbroad, unduly burdensome, vague, irrelevant and not reasonably
calculated to lead to the discovery of admissible evidence.79
5. On May 27, 2022, Plaintiffs counsel sent a letter to FSR's counsel explaining that
these requests are relevant to the damages being sought in the case and asking FSR to identify
what privilege is being asserted "as none is apparent on the face of your objection." The letter is
attached hereto as Exhibit "A." The letter gave FSR until June 1, 2022, to amend its objections to
avoid a motion to compel.
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6. Under Fla. R. Civ. P. 1.280(b)(6), "When a party withholds information otherwise
discoverable under these mies by claiming that it is privileged or subject to protection as trial
preparation material, the party shall make the claim expressly and shall describe the nature of the
documents, communications, or things not produced or disclosed in a manner that, without
revealing information itself privileged or protected, will enable other parties to assess the
applicability of the privilege or protection."
7. Defendant's boilerplate obj ections did not comply with this standard.
8. Because FSR has not amended its responses to articulate a privilege or state that
the production will be made, Plaintiff is entitled to an order compelling discovery.
9. Accordingly, Plaintiff is entitled to an Order compelling a Response to the Fifth
Request for Production and that production of these items begin within a time certain lest further
sanctions be imposed, and for attorneys' fees incurred in filing this Motion pursuant to Fla. R. Civ.
p. 1.380(a)(4).
WHEREFORE, Plaintiff respectfully requests entry of an Order compelling the production
of documents requested, granting Plaintiff its attorneys' fees pursuant to Fla. R. Civ. P. 1.380(a)(4),
and for any such other relief this Court deems appropriate.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, by
electronic mail upon any registered participant who uses the Florida Courts E-Filing Portal in
conj unction with the instant cause of action in accordance with rule 2.516, Florida Rules of General
Practice and Judicial Administration on this 6th day of June, 2022 .
FRISCIA & Ross, P.A.
Is/Francis E. Friscia _
Francis E. Friscia, Esquire
5550 W. Executive Drive, Suite 250
Tampa, Florida 33609
T: 813.286.0888/F: 813.286.0111
Primary: f`friscia@frpalega1.com
Secondary: 'bmachado@fi°palegal.c0m
Florida Bar #601380/SPN #0084509
John J. Cavaliere, III, Esquire
Florida Bar #112869
Primary: jcavaIiere@f1palegaLcom
Attorneys for Plaintiff,
SUN CITY CENTER WEST
MASTER ASSOCIATION, INC.
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FRISCIA & ROSS, P.A.
Attomuys and Counselors ac Law
SUITE 250
5550 WEST EXECUTIVE DRIVE
TAMPA, FLORIDA 33609
'FRANCIS E. FRISCIA* TEL: (813)286-0888
BRENTUN J. ROSS FAX: (813)286-0111
JCUHN I. CAVALIERE, III www.f%palegal.com
*Board Certified in Condominium
and Planned Development Law
May 27, 2022
Via Email Only
Brian D. Rubenstein, Esq.
Cole, Scott & Kissie, P.A.
4301 West Boy Scout Boulevard
Suite 400
Tampa, FL 33607
Re : Sun City West Master Association, Ine. v. Federation of Kings Point Association, Ine., &
FirstServiee Residential Florida, Inc.; Case No.: 20-CA-10043
Responses to Fifth Request for Production
Dear Mr. Rubenst¢in:
We are in receipt of FRS's Response to the Fifth Request for Production. Please advise if you
intend to revise your responses or if we need to set this for hearing on a Motion to Compel. Each of
the items requested are relevant to the damages sought in this case and is not discovery in aid of
execution. Moreover, if it is your client's position that the materials sought are privileged in any way,
we ask that you amend your objections to state the privilege, as none is apparent on the face of your
objection.
We are sending this letter in order to avoid a Motion to Compel. But if your client is adamant
that these objections are well-founded, our office will file a Motion to Compel. We look forward to
your response, and if we do not hear from you by next Wednesday, June l, 2022, we will file the
Motion to Compel.
Very truly yours,
ROSS, P.A.
. . "'
f'
_,r
* .1
_*=s*"¢*
-
Francis E. Friscia
Email: ft8§9,L4@fr1*al¢sa_LQQm
JJC/FEF/ST
EXHIBIT
lo ft
6/6/2022 9:32 AM Electronically Filed; Hillsborough County/13th Judicial Circuit Page 5
Preview
Filing # 150884792 E-Filed 06/06/2022 09:32:32 AM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION SUN CITY CENTER WEST MASTER ASSOCIATION, INC., Plaintiff, Case No.: 20-CA- 10043 vs. Division: A FIRSTSERVICE RESIDENTIAL FLORIDA, INC., and FEDERATION OF KINGS POINT ASSOCIATIONS, INC., Defendants. / PLAINTIFF'S MOTION TO COMPEL RESPONSE TO PLAINTIFF'S FIFTH REQUEST FOR PRODUCTION DIRECTEQ TO DEFENDANT FIRSTSERVICE R1§iDENTiAL FLORIDA. INK The Plaintiff, SUN CITY CENTER WEST MASTER ASSOCIATION, INC., by and through its undersigned counsel, files this its Motion to Compel Response to Plaintiflf's Fifth Request for Production against Defendant, FIRSTSERVICE RESIDENTIAL FLORIDA, INC. ("FSR"), and states the following: 1. On April 22, 2022, Plaintiff served a Request for Production of Documents upon Defendant, FSR. The Request for Production served upon FSR contained four requests seeking information related to the damages sought in Count X of the Second Amended Complaint, which is for violation of the Computer Abuse and Data Recovery Act ("CADRA"), codified in Chapter 668 of the Florida Statutes. 2. Section 668.804(1), Florida Statutes, is the remedies section of CADRA. As to damages, section 668.804(1) states: (1) A person who brings a civil action for a violation under S. 668.803 mays Page l of 4 6/6/2022 9:32 AM Electronically Filed; Hillsborough County/13th Judicial Circuit Page 1 (a) Recover actual damages, including the person's lost profits and economic damages. (b) Recover the violator 's pro/its that are not included in the computation of actual damages under paragraph (a). (Emphasis added). 3. Based on this statute, Plaintiff propounded the following four requests seeking information about "the violator's profits": a. All profit and loss statements of Defendant, FSR, since June 1, 2020. (June 1, 2020 is the day after the contractual term ended. Following termination, Defendant's authorization to hold Plaintiff' s electronic data ended.) b. All income statements of Defendant, FSR, since June 1, 2020. C. All income, profit, and loss analyses for Defendant, FSR's, management of Defendant Federation since June 1, 2020. d, All tax returns of Defendant, FSR, filed after June 1, 2020. 4. On May 23, 2022, Defendant, FSR, filed "Responses and Objections" to the Request for Production. To each of the four requests, Defendant objected as follows: "Objection. Defendant objects to this request on the basis that the documents sought are confidential, proprietary in nature, overbroad, unduly burdensome, vague, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence.79 5. On May 27, 2022, Plaintiffs counsel sent a letter to FSR's counsel explaining that these requests are relevant to the damages being sought in the case and asking FSR to identify what privilege is being asserted "as none is apparent on the face of your objection." The letter is attached hereto as Exhibit "A." The letter gave FSR until June 1, 2022, to amend its objections to avoid a motion to compel. Page 2 of 4 6/6/2022 9:32 AM Electronically Filed; Hillsborough County/13th Judicial Circuit Page 2 6. Under Fla. R. Civ. P. 1.280(b)(6), "When a party withholds information otherwise discoverable under these mies by claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection." 7. Defendant's boilerplate obj ections did not comply with this standard. 8. Because FSR has not amended its responses to articulate a privilege or state that the production will be made, Plaintiff is entitled to an order compelling discovery. 9. Accordingly, Plaintiff is entitled to an Order compelling a Response to the Fifth Request for Production and that production of these items begin within a time certain lest further sanctions be imposed, and for attorneys' fees incurred in filing this Motion pursuant to Fla. R. Civ. p. 1.380(a)(4). WHEREFORE, Plaintiff respectfully requests entry of an Order compelling the production of documents requested, granting Plaintiff its attorneys' fees pursuant to Fla. R. Civ. P. 1.380(a)(4), and for any such other relief this Court deems appropriate. Page 3 of 4 6/6/2022 9:32 AM Electronically Filed; Hillsborough County/13th Judicial Circuit Page 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, by electronic mail upon any registered participant who uses the Florida Courts E-Filing Portal in conj unction with the instant cause of action in accordance with rule 2.516, Florida Rules of General Practice and Judicial Administration on this 6th day of June, 2022 . FRISCIA & Ross, P.A. Is/Francis E. Friscia _ Francis E. Friscia, Esquire 5550 W. Executive Drive, Suite 250 Tampa, Florida 33609 T: 813.286.0888/F: 813.286.0111 Primary: f`friscia@frpalega1.com Secondary: 'bmachado@fi°palegal.c0m Florida Bar #601380/SPN #0084509 John J. Cavaliere, III, Esquire Florida Bar #112869 Primary: jcavaIiere@f1palegaLcom Attorneys for Plaintiff, SUN CITY CENTER WEST MASTER ASSOCIATION, INC. Page 4 of 4 6/6/2022 9:32 AM Electronically Filed; Hillsborough County/13th Judicial Circuit Page 4 FRISCIA & ROSS, P.A. Attomuys and Counselors ac Law SUITE 250 5550 WEST EXECUTIVE DRIVE TAMPA, FLORIDA 33609 'FRANCIS E. FRISCIA* TEL: (813)286-0888 BRENTUN J. ROSS FAX: (813)286-0111 JCUHN I. CAVALIERE, III www.f%palegal.com *Board Certified in Condominium and Planned Development Law May 27, 2022 Via Email Only Brian D. Rubenstein, Esq. Cole, Scott & Kissie, P.A. 4301 West Boy Scout Boulevard Suite 400 Tampa, FL 33607 Re : Sun City West Master Association, Ine. v. Federation of Kings Point Association, Ine., & FirstServiee Residential Florida, Inc.; Case No.: 20-CA-10043 Responses to Fifth Request for Production Dear Mr. Rubenst¢in: We are in receipt of FRS's Response to the Fifth Request for Production. Please advise if you intend to revise your responses or if we need to set this for hearing on a Motion to Compel. Each of the items requested are relevant to the damages sought in this case and is not discovery in aid of execution. Moreover, if it is your client's position that the materials sought are privileged in any way, we ask that you amend your objections to state the privilege, as none is apparent on the face of your objection. We are sending this letter in order to avoid a Motion to Compel. But if your client is adamant that these objections are well-founded, our office will file a Motion to Compel. We look forward to your response, and if we do not hear from you by next Wednesday, June l, 2022, we will file the Motion to Compel. Very truly yours, ROSS, P.A. . . "' f' _,r * .1 _*=s*"¢* - Francis E. Friscia Email: ft8§9,L4@fr1*al¢sa_LQQm JJC/FEF/ST EXHIBIT lo ft 6/6/2022 9:32 AM Electronically Filed; Hillsborough County/13th Judicial Circuit Page 5