Party Discovery: VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC

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                                Filing # 152527586 E-Filed 06/30/2022 02:54:42 PM
                                                                 CASE NO.: 2020-CA-002942
                                                        IN THE CIRCUIT COURT OF THE 9TH
                                                        JUDICIAL CIRCUIT IN AND FOR
                                                        OSCEOLA COUNTY, FLORIDA

                                                        CASE NO.: 2020-CA-002942

           VILLAS        AT        EMERALD     LAKE
           HOMEOWNERS ASSOCIATION, INC., a
           Florida not for profit corporation;

                 Plaintiff,

           v.

           ROYAL OAK HOMES, LLC, a Florida
           limited liability company, ADVANCED
           WRAPPING          AND         CONCRETE
           SOLUTIONS OF CENTRAL FLORIDA,
           INC., a Florida corporation; DON KING’S
           CONCRETE, INC., a Florida corporation;
           HUGH MACDONALD CONSTRUCTION,
           INC., a Florida corporation; IMPERIAL
           BUILDING CORPORATION, a Florida
           corporation; PREMIER PLASTERING OF
           CENTRAL FLORIDA, INC. N/K/A TGK
           STUCCO, INC., a Florida corporation;
           WEATHERMASTER                  BUILDING
           PRODUCTS, INC., a Florida corporation;
           WEINTRAUB           INSPECTIONS        &
           FORENSICS, INC. N/K/A WEINTRAUB
           ENGINEERING AND INSPECTIONS, INC.,
           a Florida corporation; THE DIMILLO
           GROUP, LLC, a Florida limited liability
           company; WOLF’S IRRIGATIONS &
           LANDSCAPING, INC., a Florida corporation;
           SUMMERPARK HOMES, INC., a Florida
           corporation; BROWN + COMPANY
           ARCHITECTURE,         INC.,   a   Florida
           corporation,

                Defendants.
           ___________________________________/

           ROYAL OAK HOMES, LLC, a Florida
           limited liability company;

                 Crossclaim Plaintiff,


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                                                      CASE NO.: 2020-CA-002942
v.

ADVANCED             WRAPPING          AND
CONCRETE SOLUTIONS OF CENTRAL
FLORIDA, INC., a Florida corporation; DON
KING’S CONCRETE, INC., a Florida
corporation;      HUGH         MACDONALD
CONSTRUCTION,            INC.,   a   Florida
corporation;     IMPERIAL        BUILDING
CORPORATION, a Florida corporation;
PREMIER PLASTERING OF CENTRAL
FLORIDA, INC. N/K/A TGK STUCCO,
INC.,        a      Florida      corporation;
WEATHERMASTER                    BUILDING
PRODUCTS, INC., a Florida corporation;
WEINTRAUB             INSPECTIONS          &
FORENSICS, INC. N/K/A WEINTRAUB
ENGINEERING AND INSPECTIONS, INC.,
a     Florida      corporation;     WOLF’S
IRRIGATIONS & LANDSCAPING, INC., a
Florida     corporation;     SUMMERPARK
HOMES, INC., a Florida corporation;
BROWN + COMPANY ARCHITECTURE,
INC., a Florida corporation,

      Crossclaim Defendants.
___________________________________/

DON KING’S CONCRETE, INC., a Florida
corporation,

        Third-Party Plaintiff,

v.

E.R.O. CONSTRUCTION, INC., a Florida
corporation; LIOS CONCRETE CORP., a
Florida corporation; and ATLANTIC
CONCRETE SYSTEMS, INC., a Florida
corporation.

      Third-Party Defendants.
___________________________________/




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                                                                 CASE NO.: 2020-CA-002942

     THIRD-PARTY DEFENDANT, ATLANTIC CONCRETE SYSTEMS, INC.’S
        RESPONSE TO BROWN + COMPANY ARCHITECTURE, INC.’S
                      REQUEST TO PRODUCE

       COMES NOW, Defendant ATLANTIC CONCRETE SYSTEMS, INC, by and through

her undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby files it

Responses to BROWN + COMPANY ARCHITECTURE, INC’s Request to Produce.

                               DOCUMENTS REQUESTED

    1. Any and all contracts You entered into related to the Project.

        RESPONSE: To the extent that Defendant is in possession of any documents
        responsive to this request, they will be produced at a mutually agreeable time and
        location. Upon diligent search, no records have been located at this time.

    2. All documents, drawings, specifications or plans prepared by BROWN that You
       examined or relied upon in performing Your scope of services/work for the Project.

        RESPONSE: Objection, overbroad, vague, ambiguous, and not reasonably
        limited in time and scope. Without waiving said objections, upon diligent search,
        no records have been located at this time.

    3. All documents evidencing or detailing any inspections performed by BROWN related
       to Your scope of work at the Project.

        RESPONSE: To the extent that Defendant is in possession of any documents
        responsive to this request, they will be produced at a mutually agreeable time and
        location. Upon diligent search, no records have been located at this time.

    4. All documents evidencing or detailing approvals by BROWN related to Your scope
       of work at the Project.

        RESPONSE: To the extent that Defendant is in possession of any documents
        responsive to this request, they will be produced at a mutually agreeable time and
        location. Upon diligent search, no records have been located at this time.

    5. All documents evidencing, or detailing work accepted by BROWN related to Your
       scope of work at the Project.

        RESPONSE: To the extent that Defendant is in possession of any documents
        responsive to this request, they will be produced at a mutually agreeable time and
        location. Upon diligent search, no records have been located at this time.



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                                                              CASE NO.: 2020-CA-002942
6. All change orders, change directives, requests for information, or similar documents
   evidencing changes, modifications, additions, or reductions in Your scope of work at the
   Project.

   RESPONSE: To the extent that Defendant is in possession of any documents
   responsive to this request, they will be produced at a mutually agreeable time and
   location. Upon diligent search, no records have been located at this time.

7. All correspondence evidencing changes, modifications, additions, or reductions in Your
   scope of work at the Project.

   RESPONSE: To the extent that Defendant is in possession of any documents
   responsive to this request, they will be produced at a mutually agreeable time and
   location. Upon diligent search, no records have been located at this time.

8. All product submittals, product specifications, installation instructions, maintenance
   instructions, product manuals, or similar documents for the products, supplies, and building
   components You installed or constructed at the Project.

   RESPONSE: To the extent that Defendant is in possession of any documents
   responsive to this request, they will be produced at a mutually agreeable time and
   location. Upon diligent search, no records have been located at this time.

9. All correspondence concerning product submittals, product specifications, installation
   instructions, maintenance instructions, product manuals, or similar documents for the
   products, supplies, and building components You installed or constructed at the Project.

   RESPONSE: To the extent that Defendant is in possession of any documents
   responsive to this request, they will be produced at a mutually agreeable time and
   location. Upon diligent search, no records have been located at this time.

10. All invoices, requests for payment, work orders, job tickets, and similar documents related
    to Your scope of work for the Project.

   RESPONSE: To the extent that Defendant is in possession of any documents
   responsive to this request, they will be produced at a mutually agreeable time and
   location. Upon diligent search, no records have been located at this time.

11. Any improper designs and/or specifications that You relied upon at the Project.

   RESPONSE: None in Defendant’s possession at this time other than the documents
   produced by other parties. Discovery is ongoing.




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                                                              CASE NO.: 2020-CA-002942

12. All communications between You and BROWN related to the Project.

   RESPONSE: Defendant ATLANTIC objects to this request on the grounds that it is
   irrelevant, immaterial, overbroad, unduly burdensome, and seeks information not
   readily accessible. Defendant ATLANTIC further objects to this request to the extent
   that it seeks privileged communications. Subject to and without waiving her
   objections, none at this time other than the documents produced by other parties.
   Discovery is ongoing.

13. All communications exchanged between You and anyone related to the designs prepared
    by BROWN for the Project.

   RESPONSE: Defendant ATLANTIC objects to this request on the grounds that it is
   irrelevant, immaterial, overbroad, unduly burdensome, and seeks information not
   readily accessible. Defendant ATLANTIC further objects to this request to the extent
   that it seeks privileged communications. Subject to and without waiving her
   objections, none at this time other than the documents produced by other parties.
   Discovery is ongoing.

14. All communications exchanged between You and ROYAL OAK HOMES, INC. for the
    Project.

   RESPONSE: Defendant ATLANTIC objects to this request on the grounds that it is
   irrelevant, immaterial, overbroad, unduly burdensome, and seeks information not
   readily accessible. Defendant ATLANTIC further objects to this request to the extent
   that it seeks privileged communications. Subject to and without waiving her
   objections, none at this time other than the documents produced by other parties.
   Discovery is ongoing.

15. All plans, product submittals, designs, construction plans, specifications, or similar
    documents and information transmitted or submitted by You to the Osceola County
    Building Department for the Project.

   RESPONSE: Objection, public record.

16. All permit applications and any related attachments or documents submitted by You to the
    Osceola County Building Department for the Project.

   RESPONSE: Objection, public record.

17. All permit applications any related attachments or other documents submitted by You to
    any other authority having jurisdiction for the Project.

   RESPONSE: Objection, public record.




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