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Filing # 174844937 E-Filed 06/07/2023 05:23:01 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA
FIRST 2 AID EMS, INC.,
a Florida corporation,
Case No.: 2022-CA-002033-ON
Plaintiff,
v.
CHRISTOPHER LUCZYWO,
Defendant.
/
DEFENDANT’S AMENDED RESPONSES
TO PLAINTIFF'S FIRST REQUESTS FOR ADMISSION
The Defendant, Christopher Luczywo, through his undersigned attorney, and pursuant to
this Court’s order of May 18, 2023, hereby files his Amended Responses to Plaintiff's, First 2
Aid EMS, Inc. (hereinafter "F2AEMS"), First Request for Admission filed February 28, 2023,
and admits or denies the requests as set forth below.
1. Admit that you currently have no ownership interest in First 2 Aid EMS, Inc.
ANSWER: Admitted that Defendant currently has no ownership interest in F2AEMS.
However, Defendant contends that his ownership interest was removed, without the proper the
procedures being undertaken, by the current Officers and/or Directors of Plaintiff. This is an
issue to be determined in this litigation.
2. Admit that you received the July 7, 2022 letter from Attorney Ted Motheral, which
is attached as Exhibit 1.
ANSWER: Admitted that the letter was received. Defendant does not admit that any
letter properly calling the loan due was ever received.
3. Admit that on July 7, 2022, First 2 Aid demanded that you return the items listed in
Exhibit A to Ted Motheral’s July 7, 2022 letter.
ANSWER: Admitted that this demand was made.
4. Admit that the items listed as Exhibit A in the July 7, 2022 letter from Attorney
Ted Motheral are the property of First 2 Aid.
ANSWER: Denied. Defendant asserts that all items listed were either purchased by
Defendant and his spouse prior to the inception of F2AEMS or were authorized and purchased
by Defendant and his spouse who, at the time of purchase, had 100% ownership interest of the
company.
Defendant asserts that Plaintiff was aware at the time the above letter was sent, that item
numbers 19 through 22 in the list, were not in Defendant's possession and were in the possession
of an employee of Plaintiff (London), and that item number 23 as a non-tangible item, should not
have been included. The London items were removed from the Exhibit A list to the July 28,
2022 Civil Theft Notice. The London items numbered 19 and 20 and item number 23 were also
removed from the list of property in section 12 of Plaintiff's Verified First Amended Complaint
filed October 13, 2022, even though items 21 and 22 from the July 7 letter, corresponding to
items n. and o. respectively, were included. Due to the removal, combining of and adding back
of some items of the July 7 and July 28 lists, prior to this matter being brought, Defendant's
answers below refer only to the items as listed section 12 of Plaintiff's Verified First Amended
Complaint filed October 13, 2022 ("Amended Complaint").
Defendant asserts that he owns, and is able to produce receipts for, the following items: a.
Two medication bags containing Advanced Cardiovascular Life Support (ACLS) equipment; d.
Two (2) Basic Life Saving (BLS) bags; f. Automatic Emergency Defibrillator; g. Emergency
lights for Defendant's personal vehicle; and h. Emergency lights for a Ford F-350 pick-up truck.
The emergency lights on Defendant's personally owned vehicles listed in g. and h. above, were
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bought and added by Defendant as a cost saving measure for the company, in leu of F2AEMS
having to provide and afford the cost of a work vehicle and a supervisor vehicle.
Defendant in not currently in possession of the following items: b. Charging bank with
five (5) portable radios; l. iPad; n. Wi-Fi hotspot; and o. iPhone. Items n. and o. corresponding
to numbered items 21 and 22 in the July 7 Exhibit A list, as indicated above, are in the
possession of an employee of Plaintiff (London).
Defendant returned item e. (Two (2) oxygen tanks) to Airgas.
Though Defendant denies Plaintiff owns these items, Defendant is willing to return the
following listed items to Plaintiff: c. Red Stat Pack with Advanced Life Support (ALS)
equipment; i. Street Eagle Camera installed on a Ford F-350 pick-up truck; j. Microsoft Surface
Pro computer; k. Uniforms; and m. Two (2) Samsung S22 Phones.
Defendant asserts that Plaintiff is still in possession of the following property owned by
Defendant: 1. Two Red First Responder Bags; 2. Defendant's Microsoft Surface Pro computer
given to Plaintiff's director of operations for use, such that Defendant required the updated
Microsoft Surface Pro computer in item j. that is currently in his possession and as indicated
above, he will return to Plaintiff.
5. Admit that you received the Civil Theft Notice, which is attached as Exhibit 2.
ANSWER: Admitted that the notice was received, but denied that the letter was
appropriately sent, because the Defendant is not attempting to misappropriate the property of
another.
6. Admit that the items listed as Exhibit A to the Civil Theft Notice referenced are the
property of First 2 Aid.
ANSWER: Denied. See Defendant's response to request 4 above. The items listed as
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Exhibit A to the Civil Theft Notice dated July 28, 2022, are the same items as listed in Exhibit A
to the July 7, 2022 letter, with the items numbered 19-22, indicated to be in the possession of an
employee of Plaintiff (London), removed.
7. Admit that you are currently in possession of the items listed as Exhibit A to the
Civil Theft Notice (Exhibit 2 to these requests).
ANSWER: Admitted in part and denied in part. Defendant asserts he possesses and
owns some items, and other items he was never in possession of, as indicated in his answer to
request number 4 above. Defendant believes that if an open, confidential discussion takes place
at mediation, the issues relating to ownership and possession of items of property will likely be
resolved.
8. Admit that you have not compensated First 2 Aid for the items listed as Exhibit A
to the Civil Theft Notice.
ANSWER: Admitted. This is because Defendant believes that there are appropriate
factual and legal bases for not rendering such compensation.
9. Admit that you borrowed money from Wayne and Barbara Luczywo during the
Relevant Time Period.
ANSWER: Admitted that there was money borrowed from Wayne and Barbara
Luczywo during material times.
10. Admit that you informed Wayne and Barbara Luczywo that the money loaned by
them during the Relevant Time Period was for First 2 Aid’s expenses.
ANSWER: Admitted.
11. Admit that the money you borrowed from Wayne and Barbara Luczywo during the
Relevant Time Period was used by you for expenses unrelated to First 2 Aid.
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ANSWER: Denied.
12. Admit that your employment with First 2 Aid was terminated on June 8, 2022.
ANSWER: Admitted that the Plaintiff sent a letter purporting to terminate Defendant's
employment but denied that Defendant's employment was properly terminated.
13. Admit that on June 8, 2022, you informed the employees of First 2 Aid that you
were no longer an owner of First 2 Aid.
ANSWER: Admitted.
14. Admit that the email attached as Exhibit 3 is genuine.
ANSWER: Admitted.
15. Admit that after June 8, 2022, you registered a corporation called “First 2 Aid,
Inc.”
ANSWER: Admitted.
16. Admit that after your employment with First 2 Aid ended, you contacted at least
one of First 2 Aid’s existing contractual partners.
ANSWER: Denied.
17. Admit that after your employment with First 2 Aid ended, you continued to hold
yourself out as a representative of First 2 Aid.
ANSWER: Denied.
18. Admit that in August of 2022, you issued a letter to Medicare/Medicaid
terminating First 2 Aid’s relationship with those programs.
ANSWER: Admitted that such a letter was generated, as it was required for the
Defendant and his wife to stay in compliance with Medicare and Florida AHCA regulations.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed with
the Florida Courts E-Filing Portal and an electronic notice of service via email to Benjamin S.
Briggs, Esq., B.C.S., ben.briggs@arlaw.com; elaine.glotz@arlaw.com; Carter J. Pope, Esq.,
carter.pope@arlaw.com, Lisa.Dangelo@arlaw.com; and Andrew C. Wilson, Esq.
andrew.wilson@arlaw.com, lisa.wilkinson@arlaw.com, Adams and Reese LLP; 100 N. Tampa
Street, Suite 4000, Tampa, FL 33602, Attorneys for Plaintiff, on this 7th day of June, 2023.
/s/ Barry Rigby_
BARRY RIGBY, ESQUIRE
Florida Bar No. 613770
Law Offices of Barry Rigby, P.A.
2462 East Michigan Street, Ste. 102
Orlando, FL 32806
Telephone: (407)650-1985
Facsimile: (407) 386-6150
Primary: barrvrigbylaw@gmail.com
Secondary: rigbylaw@yahoo.com
Attorney for the Defendant,
Christopher Luczywo
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Preview
Filing # 174844937 E-Filed 06/07/2023 05:23:01 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA FIRST 2 AID EMS, INC., a Florida corporation, Case No.: 2022-CA-002033-ON Plaintiff, v. CHRISTOPHER LUCZYWO, Defendant. / DEFENDANT’S AMENDED RESPONSES TO PLAINTIFF'S FIRST REQUESTS FOR ADMISSION The Defendant, Christopher Luczywo, through his undersigned attorney, and pursuant to this Court’s order of May 18, 2023, hereby files his Amended Responses to Plaintiff's, First 2 Aid EMS, Inc. (hereinafter "F2AEMS"), First Request for Admission filed February 28, 2023, and admits or denies the requests as set forth below. 1. Admit that you currently have no ownership interest in First 2 Aid EMS, Inc. ANSWER: Admitted that Defendant currently has no ownership interest in F2AEMS. However, Defendant contends that his ownership interest was removed, without the proper the procedures being undertaken, by the current Officers and/or Directors of Plaintiff. This is an issue to be determined in this litigation. 2. Admit that you received the July 7, 2022 letter from Attorney Ted Motheral, which is attached as Exhibit 1. ANSWER: Admitted that the letter was received. Defendant does not admit that any letter properly calling the loan due was ever received. 3. Admit that on July 7, 2022, First 2 Aid demanded that you return the items listed in Exhibit A to Ted Motheral’s July 7, 2022 letter. ANSWER: Admitted that this demand was made. 4. Admit that the items listed as Exhibit A in the July 7, 2022 letter from Attorney Ted Motheral are the property of First 2 Aid. ANSWER: Denied. Defendant asserts that all items listed were either purchased by Defendant and his spouse prior to the inception of F2AEMS or were authorized and purchased by Defendant and his spouse who, at the time of purchase, had 100% ownership interest of the company. Defendant asserts that Plaintiff was aware at the time the above letter was sent, that item numbers 19 through 22 in the list, were not in Defendant's possession and were in the possession of an employee of Plaintiff (London), and that item number 23 as a non-tangible item, should not have been included. The London items were removed from the Exhibit A list to the July 28, 2022 Civil Theft Notice. The London items numbered 19 and 20 and item number 23 were also removed from the list of property in section 12 of Plaintiff's Verified First Amended Complaint filed October 13, 2022, even though items 21 and 22 from the July 7 letter, corresponding to items n. and o. respectively, were included. Due to the removal, combining of and adding back of some items of the July 7 and July 28 lists, prior to this matter being brought, Defendant's answers below refer only to the items as listed section 12 of Plaintiff's Verified First Amended Complaint filed October 13, 2022 ("Amended Complaint"). Defendant asserts that he owns, and is able to produce receipts for, the following items: a. Two medication bags containing Advanced Cardiovascular Life Support (ACLS) equipment; d. Two (2) Basic Life Saving (BLS) bags; f. Automatic Emergency Defibrillator; g. Emergency lights for Defendant's personal vehicle; and h. Emergency lights for a Ford F-350 pick-up truck. The emergency lights on Defendant's personally owned vehicles listed in g. and h. above, were 2 bought and added by Defendant as a cost saving measure for the company, in leu of F2AEMS having to provide and afford the cost of a work vehicle and a supervisor vehicle. Defendant in not currently in possession of the following items: b. Charging bank with five (5) portable radios; l. iPad; n. Wi-Fi hotspot; and o. iPhone. Items n. and o. corresponding to numbered items 21 and 22 in the July 7 Exhibit A list, as indicated above, are in the possession of an employee of Plaintiff (London). Defendant returned item e. (Two (2) oxygen tanks) to Airgas. Though Defendant denies Plaintiff owns these items, Defendant is willing to return the following listed items to Plaintiff: c. Red Stat Pack with Advanced Life Support (ALS) equipment; i. Street Eagle Camera installed on a Ford F-350 pick-up truck; j. Microsoft Surface Pro computer; k. Uniforms; and m. Two (2) Samsung S22 Phones. Defendant asserts that Plaintiff is still in possession of the following property owned by Defendant: 1. Two Red First Responder Bags; 2. Defendant's Microsoft Surface Pro computer given to Plaintiff's director of operations for use, such that Defendant required the updated Microsoft Surface Pro computer in item j. that is currently in his possession and as indicated above, he will return to Plaintiff. 5. Admit that you received the Civil Theft Notice, which is attached as Exhibit 2. ANSWER: Admitted that the notice was received, but denied that the letter was appropriately sent, because the Defendant is not attempting to misappropriate the property of another. 6. Admit that the items listed as Exhibit A to the Civil Theft Notice referenced are the property of First 2 Aid. ANSWER: Denied. See Defendant's response to request 4 above. The items listed as 3 Exhibit A to the Civil Theft Notice dated July 28, 2022, are the same items as listed in Exhibit A to the July 7, 2022 letter, with the items numbered 19-22, indicated to be in the possession of an employee of Plaintiff (London), removed. 7. Admit that you are currently in possession of the items listed as Exhibit A to the Civil Theft Notice (Exhibit 2 to these requests). ANSWER: Admitted in part and denied in part. Defendant asserts he possesses and owns some items, and other items he was never in possession of, as indicated in his answer to request number 4 above. Defendant believes that if an open, confidential discussion takes place at mediation, the issues relating to ownership and possession of items of property will likely be resolved. 8. Admit that you have not compensated First 2 Aid for the items listed as Exhibit A to the Civil Theft Notice. ANSWER: Admitted. This is because Defendant believes that there are appropriate factual and legal bases for not rendering such compensation. 9. Admit that you borrowed money from Wayne and Barbara Luczywo during the Relevant Time Period. ANSWER: Admitted that there was money borrowed from Wayne and Barbara Luczywo during material times. 10. Admit that you informed Wayne and Barbara Luczywo that the money loaned by them during the Relevant Time Period was for First 2 Aid’s expenses. ANSWER: Admitted. 11. Admit that the money you borrowed from Wayne and Barbara Luczywo during the Relevant Time Period was used by you for expenses unrelated to First 2 Aid. 4 ANSWER: Denied. 12. Admit that your employment with First 2 Aid was terminated on June 8, 2022. ANSWER: Admitted that the Plaintiff sent a letter purporting to terminate Defendant's employment but denied that Defendant's employment was properly terminated. 13. Admit that on June 8, 2022, you informed the employees of First 2 Aid that you were no longer an owner of First 2 Aid. ANSWER: Admitted. 14. Admit that the email attached as Exhibit 3 is genuine. ANSWER: Admitted. 15. Admit that after June 8, 2022, you registered a corporation called “First 2 Aid, Inc.” ANSWER: Admitted. 16. Admit that after your employment with First 2 Aid ended, you contacted at least one of First 2 Aid’s existing contractual partners. ANSWER: Denied. 17. Admit that after your employment with First 2 Aid ended, you continued to hold yourself out as a representative of First 2 Aid. ANSWER: Denied. 18. Admit that in August of 2022, you issued a letter to Medicare/Medicaid terminating First 2 Aid’s relationship with those programs. ANSWER: Admitted that such a letter was generated, as it was required for the Defendant and his wife to stay in compliance with Medicare and Florida AHCA regulations. 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed with the Florida Courts E-Filing Portal and an electronic notice of service via email to Benjamin S. Briggs, Esq., B.C.S., ben.briggs@arlaw.com; elaine.glotz@arlaw.com; Carter J. Pope, Esq., carter.pope@arlaw.com, Lisa.Dangelo@arlaw.com; and Andrew C. Wilson, Esq. andrew.wilson@arlaw.com, lisa.wilkinson@arlaw.com, Adams and Reese LLP; 100 N. Tampa Street, Suite 4000, Tampa, FL 33602, Attorneys for Plaintiff, on this 7th day of June, 2023. /s/ Barry Rigby_ BARRY RIGBY, ESQUIRE Florida Bar No. 613770 Law Offices of Barry Rigby, P.A. 2462 East Michigan Street, Ste. 102 Orlando, FL 32806 Telephone: (407)650-1985 Facsimile: (407) 386-6150 Primary: barrvrigbylaw@gmail.com Secondary: rigbylaw@yahoo.com Attorney for the Defendant, Christopher Luczywo 6