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16-2022-CC-014311-XXXX-MA Div: CC-B
Filing # 159558602 E-Filed 10/19/2022 02:43:17 PM
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.:
DIVISION:
VYSTAR CREDIT UNION,
Plaintiff,
VS.
MARTHA HERPEL TERRY,
Defendant.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
TO DEFENDANT MARTHA HERPEL TERRY
Pursuant to Rule 1.350, Florida Rules of Civil Procedure, Plaintiff, VyStar Credit Union,
requests that Defendant, Martha Herpel Terry, produce all documents responsive to the following
requests within forty-five (45) days after service of Plaintiff's First Request for Production.
INSTRUCTIONS
a. Each request for a document to be produced constitutes a request for production of
the document in its entirety with all enclosures and attachments and without abbreviation or
expurgation.
b. Tf You refuse to answer any request or produce any document under claim of
privilege or immunity, please identify each request for which the privilege or immunity is
claimed, together with all bases on which the privilege or immunity is claimed and the persons
on whose behalf the privilege is asserted.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/20/2022 09:08:26 AM
c. In addition, in accordance with Rule 1.280(b)(6), Florida Rules of Civil Procedure,
You must Identify and describe the nature of the documents, circumstances or things not produced
or disclosed in a manner that, without revealing information itself privileged or protected, will
enable Plaintiff to assess the applicability of the claimed privilege or protection.
d Where documents in Your possession are requested, such request includes
documents in the possession of each person who acts, or who has acted at relevant times, as Your
agent or representative.
€. If any of the documents cannot be produced in full, produce to the fullest extent
possible and specify the reasons for the inability to produce the remainder.
f. If You maintain that any document has been destroyed or lost, set forth the
content of said document, the date of such loss or destruction and, in the case of destruction, the
name of the person who ordered or authorized the destruction.
DEFINITIONS
1. “Documents(s)” shall refer to any and all “writings” and “recordings” as defined
in section 90.951 of the Florida Evidence Code (i.e., “letters, words, or numbers, or their
equivalent, set down by handwriting, typewriting, printing, photostating, photography, magnetic
impulse, mechanical or electronic recording, or other form of data compilation, upon paper,
wood, stone, recording tape, or other materials”), as well as the original and any copy of all
written, printed, typed, recorded, graphic or photographic matter, sound recording, or video
recording, including all files, computer records, e-mails, text messages, social media, books and
records, ledgers, cancelled checks, check stubs, invoices, letters, telegrams, internal memoranda,
reports, studies, calendars, minutes, pamphlets, notes, charts, tabulations, legal documents,
photographs, accounting entries, records of meetings, records of telephone conferences or other
communications, tape and video recordings, microfilms, punch cards, recordings used in data
processing and computer tapes, files and discs together with the written information necessary to
understand and use such files and recordings, and all other data compilations from which the
information can be obtained. The term “documents(s)” is further defined to include all notes or
notations on such documents(s) and all exhibits or attachments or other materials affixed thereto.
If a documents has been prepared and several copies (or additional copies) have been made that
are not identical (or no longer identical by reason of subsequent addition, deletion or notation or
other modification of the copy), each non-identical copy is a separate “document.”
ii. “Person(s)” means individuals and all other entities having legal existence,
including, without limitation, corporations, limited liability companies, general partnerships,
limited partnerships and professional associations.
iit. “Identify” when used in reference to an individual person means to state his or her
full name, address or last known address, telephone number, if known, and his or her present
employment position and business affiliation. When used in reference to a person other than an
individual, the term “identify” means to state whether such person is a corporation, partnership
or other organization, and its name, present or last known address, and the principal place of its
business. Once any person has been identified properly, it shall be sufficient thereafter when
identifying the same person to state the name only.
“Identify” when used in reference to a document means to state the date of its execution,
or if undated, the date it was prepared, the author (or if different, the signatory or signatories),
the addressee(s), the type of document or any means of identifying it with sufficient particularity
to meet the requirements for inclusion in an interrogatory pursuant to Rule 1.340, Florida Rules
of Civil Procedure. If any such document was, but is no longer, in Your possession or subject to
Your control, state what disposition was made of it and the reason for its disposition.
iv. “Defendant,” “You,” “Your,” or “Yours” means Defendant Martha Herpel Terry
and, if applicable in the context of the request, her attorneys, agents, representatives, members,
employees, officers, directors, heirs, assigns, managers and related or affiliated entities.
Vv. “Plaintiff? means Plaintiff VyStar Credit Union, and if applicable in the context
of the request, its attorneys, agents, representatives, directors, officers or assigns.
vi. “Complaint” means the Complaint filed by Plaintiff against the Defendant in the
above-captioned action.
vii. “Signature Loan Agreement” means the agreement attached to the Complaint as
Exhibit A.
REQUESTS FOR PRODUCTION
1 All documents relating to, reflecting, regarding or supporting the allegations in
the Complaint.
2 All documents relating to, reflecting or regarding the Signature Loan Agreement.
3 All documents relating to, reflecting or regarding any agreements between You
and Plaintiff.
4 All documents relating to, reflecting or regarding Your failure to pay Plaintiff.
5 All documents relating to, reflecting or regarding Your use of Plaintiff's products
or services.
6 All documents relating to modifications, alterations, or changes to any agreements
You had with VyStar.
7 All communications and/or correspondence between You, on the one hand, and
Plaintiff, on the other hand.
8 All communications and/or correspondence between You, on the one hand, and
any other person or entity, on the other hand, relating to, reflecting or regarding any agreements
you had with Plaintiff or the debt You owe to Plaintiff.
9 All documents You intend to rely on or introduce into evidence at trial.
10. All documents relating to, reflecting, regarding or supporting Your denial of each
of the allegations in the Complaint that You denied.
11. All documents relating to, reflecting, regarding or supporting Your denial of each
of the requests in Plaintiff's First Request for Admissions that You denied.
JIMERSON BIRR, P.A.
By:
ft <—<—
Theresa Carli Pontieri
Florida Bar No. 111403
tpontieri@jimersonfirm.com
Austin T. Hamilton
Florida Bar No. 0099431
ahamilton@jimersonfirm.com
One Independent Drive, Suite 1400
Jacksonville, FL 32202
Telephone: (904) 389-0050
Facsimile: (904) 212-1269
adriank@jimersonfirm.com
fileclerk jimersonfirm.com
Attorneys for VyStar Credit Union
CERTIFICATE OF SERVICE
I CERTIFY that the foregoing document is to be served along with the Complaint and
Summons.
ft <—_—
Attorney
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16-2022-CC-014311-XXXX-MA Div: CC-B Filing # 159558602 E-Filed 10/19/2022 02:43:17 PM IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: DIVISION: VYSTAR CREDIT UNION, Plaintiff, VS. MARTHA HERPEL TERRY, Defendant. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT MARTHA HERPEL TERRY Pursuant to Rule 1.350, Florida Rules of Civil Procedure, Plaintiff, VyStar Credit Union, requests that Defendant, Martha Herpel Terry, produce all documents responsive to the following requests within forty-five (45) days after service of Plaintiff's First Request for Production. INSTRUCTIONS a. Each request for a document to be produced constitutes a request for production of the document in its entirety with all enclosures and attachments and without abbreviation or expurgation. b. Tf You refuse to answer any request or produce any document under claim of privilege or immunity, please identify each request for which the privilege or immunity is claimed, together with all bases on which the privilege or immunity is claimed and the persons on whose behalf the privilege is asserted. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/20/2022 09:08:26 AM c. In addition, in accordance with Rule 1.280(b)(6), Florida Rules of Civil Procedure, You must Identify and describe the nature of the documents, circumstances or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable Plaintiff to assess the applicability of the claimed privilege or protection. d Where documents in Your possession are requested, such request includes documents in the possession of each person who acts, or who has acted at relevant times, as Your agent or representative. €. If any of the documents cannot be produced in full, produce to the fullest extent possible and specify the reasons for the inability to produce the remainder. f. If You maintain that any document has been destroyed or lost, set forth the content of said document, the date of such loss or destruction and, in the case of destruction, the name of the person who ordered or authorized the destruction. DEFINITIONS 1. “Documents(s)” shall refer to any and all “writings” and “recordings” as defined in section 90.951 of the Florida Evidence Code (i.e., “letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photography, magnetic impulse, mechanical or electronic recording, or other form of data compilation, upon paper, wood, stone, recording tape, or other materials”), as well as the original and any copy of all written, printed, typed, recorded, graphic or photographic matter, sound recording, or video recording, including all files, computer records, e-mails, text messages, social media, books and records, ledgers, cancelled checks, check stubs, invoices, letters, telegrams, internal memoranda, reports, studies, calendars, minutes, pamphlets, notes, charts, tabulations, legal documents, photographs, accounting entries, records of meetings, records of telephone conferences or other communications, tape and video recordings, microfilms, punch cards, recordings used in data processing and computer tapes, files and discs together with the written information necessary to understand and use such files and recordings, and all other data compilations from which the information can be obtained. The term “documents(s)” is further defined to include all notes or notations on such documents(s) and all exhibits or attachments or other materials affixed thereto. If a documents has been prepared and several copies (or additional copies) have been made that are not identical (or no longer identical by reason of subsequent addition, deletion or notation or other modification of the copy), each non-identical copy is a separate “document.” ii. “Person(s)” means individuals and all other entities having legal existence, including, without limitation, corporations, limited liability companies, general partnerships, limited partnerships and professional associations. iit. “Identify” when used in reference to an individual person means to state his or her full name, address or last known address, telephone number, if known, and his or her present employment position and business affiliation. When used in reference to a person other than an individual, the term “identify” means to state whether such person is a corporation, partnership or other organization, and its name, present or last known address, and the principal place of its business. Once any person has been identified properly, it shall be sufficient thereafter when identifying the same person to state the name only. “Identify” when used in reference to a document means to state the date of its execution, or if undated, the date it was prepared, the author (or if different, the signatory or signatories), the addressee(s), the type of document or any means of identifying it with sufficient particularity to meet the requirements for inclusion in an interrogatory pursuant to Rule 1.340, Florida Rules of Civil Procedure. If any such document was, but is no longer, in Your possession or subject to Your control, state what disposition was made of it and the reason for its disposition. iv. “Defendant,” “You,” “Your,” or “Yours” means Defendant Martha Herpel Terry and, if applicable in the context of the request, her attorneys, agents, representatives, members, employees, officers, directors, heirs, assigns, managers and related or affiliated entities. Vv. “Plaintiff? means Plaintiff VyStar Credit Union, and if applicable in the context of the request, its attorneys, agents, representatives, directors, officers or assigns. vi. “Complaint” means the Complaint filed by Plaintiff against the Defendant in the above-captioned action. vii. “Signature Loan Agreement” means the agreement attached to the Complaint as Exhibit A. REQUESTS FOR PRODUCTION 1 All documents relating to, reflecting, regarding or supporting the allegations in the Complaint. 2 All documents relating to, reflecting or regarding the Signature Loan Agreement. 3 All documents relating to, reflecting or regarding any agreements between You and Plaintiff. 4 All documents relating to, reflecting or regarding Your failure to pay Plaintiff. 5 All documents relating to, reflecting or regarding Your use of Plaintiff's products or services. 6 All documents relating to modifications, alterations, or changes to any agreements You had with VyStar. 7 All communications and/or correspondence between You, on the one hand, and Plaintiff, on the other hand. 8 All communications and/or correspondence between You, on the one hand, and any other person or entity, on the other hand, relating to, reflecting or regarding any agreements you had with Plaintiff or the debt You owe to Plaintiff. 9 All documents You intend to rely on or introduce into evidence at trial. 10. All documents relating to, reflecting, regarding or supporting Your denial of each of the allegations in the Complaint that You denied. 11. All documents relating to, reflecting, regarding or supporting Your denial of each of the requests in Plaintiff's First Request for Admissions that You denied. JIMERSON BIRR, P.A. By: ft <—<— Theresa Carli Pontieri Florida Bar No. 111403 tpontieri@jimersonfirm.com Austin T. Hamilton Florida Bar No. 0099431 ahamilton@jimersonfirm.com One Independent Drive, Suite 1400 Jacksonville, FL 32202 Telephone: (904) 389-0050 Facsimile: (904) 212-1269 adriank@jimersonfirm.com fileclerk jimersonfirm.com Attorneys for VyStar Credit Union CERTIFICATE OF SERVICE I CERTIFY that the foregoing document is to be served along with the Complaint and Summons. ft <—_— Attorney