Document for Melotti, Peter A Vs Melotti, Karen M

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                                IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT, IN AND FOR
COLLIER COUNTY, FLORIDA.

CASE No. \1- 2000-CA-OCEB Ae

BANC OF AMERICA FUNDING 2005-B TRUST ON
BEHALF OF THE CERTIFICATEHOLDERS,

Plaintiff, ~ e
Q 3 =
vs. m B Bo
RS SF
PETER A. MELOTTI A/K/A PETER MELOTTI, e7.al., Sah Sh
Defendants. QoQ ~y
oO
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2 0
PLAINTIFF’S RESPONSE TO DEFENDANT’S 3 3
REQUEST FOR PRODUCTION OF DOCUMENTS

Plaintiff BANC OF AMERICA FUNDING 2005-B TRUST ON BEHALF OF THE

CERTIFICATEHOLDERS (“Plaintiff”) hereby responds to Defendants PETER A. MELOTTI

and KAREN M. MELOTTI (“Defendant”) Request for Production of Documents, dated July 28,
2009 (the “Request”), and says:

GENERAL OBJECTIONS

1. Plaintiff will produce documents in its possession or control, if any, subject to the

limitations set forth below, at the offices of its counsel at a mutually convenient time.

2. Plaintiff reserves the right to supplement, amend or correct all or any part of the

responses provided herein.

3. By producing documents pursuant to this Response, Plaintiff does not:

a. Admit that such documents (or related documents) are properly discoverable;

Waive any objection which might otherwise be made to such documents; or

Admit that any such documents are admissible at trial.4. Plaintiff objects to the Request to the extent that the description of the documents
requested is so broad, vague or unintelligible and indefinite as to make it impossible to determine
what documents the Defendant seeks to be produced.

5. Plaintiff will make reasonable efforts to respond to each item of the Request, to
the extent that no objection is made, as Plaintiff understands and interprets the Request. If
Defendant subsequently asserts any interpretation of any item of the Request that differs from
Plaintiff's interpretation, Plaintiff reserves the right to supplement its objections and responses.

6. Plaintiff objects to the Request to the extent that any category of the Request
seeks “all” documents, and is thus so broad, vague and indefinite as to make it impossible for
Plaintiff to ascertain the precise scope of such categories in their entirety. For the same reasons,
such categories are unduly burdensome and oppressive, and it would be practicably impossible
for Plaintiff to produce the documents which might be called for by such categories; and such
categories may call for documents which are neither relevant to the subject matter of this action
nor reasonably calculated to lead to the discovery of admissible evidence.

7. Plaintiff objects to the extent the Request attempts to require Plaintiff to produce
documents equally available to Defendant or its counsel.

8. Plaintiff objects to the extent any item of the Request seeks documents that are
privileged under Federal and/or state privacy rights.

9. Plaintiff objects to the Request to the extent it calls for information or documents
prepared for or in anticipation of litigation or for materials that constitute attorney work product
or contain attorney-client communications or that are otherwise privileged documents.
Inadvertent production of any such document shall not constitute a waiver of any privilege or

any other grounds for objecting to discovery with respect to such document or any otherdocument, or with respect to the subject matter thereof or the information contained therein, and
shall not waive Plaintiff's right to object to the use of any such document or the information
contained therein during any subsequent proceeding.

10. Plaintiff objects to the Request to the extent it seeks documents that are
unavailable or are not in Plaintiff's possession, custody or control on the grounds that they
exceed the permissible scope of discovery under the Rules of Civil Procedure.

11. The general objections set forth above are hereby incorporated into the responses
set forth below, which are made without waiver of any of the general objections.

RESPONSE

1. Subject to the foregoing objections, all documents in Plaintiff's care, custody and
control responsive to this item will be made available for inspection and copying at the offices of
the undersigned counsel at a mutually convenient time and date.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via United
States Mail to Peter A. Melotti, 3518 Ocean Bluff Court, Naples, Florida 34120, this 2nd day of
November, 2009.

GREENSPOON MARDER, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Fort Lauderdale, Florida 33309

Telephone: 954.331.2012
Facsimile: 954.331.2013

MICHAEL A. RODRIGUEZ
Florida Bar No. 0127256