Preview
Filing # 113866768 E-Filed 09/23/2020 05:09:13 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH
JUDICIAL CIRCUIT IN AND FOR BREVARD
COUNTY, FLORIDA
H. FRANCIS, LLC, CASE NO.: 05-2020-CA-037835-XXXX-XX
a Florida limited liability company,
Plaintiff,
vs.
ETERNAL LIFE FELLOWSHIP INC.,
a Florida Non-Profit Corporation,
ETERNAL LIFE FELLOWSHIP, INC.
A Florida Non-Profit Corporation,
UNITED STATES SMALL BUSINESS ADMINISTRATION,
THE FULL GOSPEL DELIVERANCE CHURCH OF
MELBOURNE, INC., a Florida Non-Profit Corporation,
DECK-AIRE INC., a Florida Corporation,
and CITY OF MELBOURNE, FLORIDA, a political division
of the State of Florida,
Defendants.
/
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO DEFENDANT FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC.
Plaintiff H. FRANCIS, LLC, (“Plaintiff”), by and through its undersigned counsel and pursuant to Fla. R.
Civ. P. 1.350, requests that the Defendant THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE,
INC. (“Defendant”) produce for inspection and copying the following documents and papers and items
identified in Schedule “A” attached hereto, within thirty (30) days after service, at the law office of Fallace &
Larkin, L.C., 1900 Hickory Street, Suite A, Melbourne, Florida 32901.
s/ Jesse L. Kabaservice
DAVID G. LARKIN (david@fallacelarkinlaw.com)
Florida Bar No.: 0003816
JESSE L. KABASERVICE (jesse@fallacelarkinlaw.com)
Florida Bar No. 192775
FALLACE & LARKIN, L.C.
1900 Hickory Street, Suite A
Melbourne, FL 32901
Phone: (321) 951-9900
Facsimile: (321) 724-6002
PRIMARY E-SERVICE: eservice@fallacelarkinlaw.com
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Filing 113866768 H FRANCIS LLC VS ETERNAL LIFE 05-2020-CA-037835-XXXX-XX
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically mailed to
Jennifer D. Rose, Esq., jroselaw.com@gmail.com, 2475 Palm Bay Road NE, Suite 125 #4, Palm Bay, FL 32905
this 23rd day of September, 2020.
s/ Jesse L. Kabaservice
DAVID G. LARKIN (david@fallacelarkinlaw.com)
Florida Bar No.: 0003816
JESSE L. KABASERVICE (jesse@tallacelarkinlaw.com)
Florida Bar No. 192775
FALLACE & LARKIN, L.C.
1900 Hickory Street, Suite A
Melbourne, FL 32901
Phone: (321) 951-9900
PRIMARY E-SERVICE: eservice@fallacelarkiniaw.com
Fwpdocs\201 9\1 9-185 10\Req.Production.docx
Filing 113866768 H FRANCIS LLC VS ETERNAL LIFE 05-2020-CA-037835-XXXX-XX
DEFINITIONS AND INSTRUCTIONS
The term “Document” shall mean originals, drafts, and non-identical copies of any writing or other
tangible thing or data compilation - whether printed, typed, reproduced by any process, written or
produced by hand, including any graphic matter however produced or reproduced, or produced by
any mechanical means - either presently maintained in paper form or in electronic, magnetic,
chemical, mechanical, or other form of data storage capable of being transformed into, written or oral
matter, including, but not limited to, letters, e-mails, affidavits, filings, inventory data, reports,
agreements, communications, correspondence, permits, licenses, regulatory filings, financial records,
accounting records, contracts, letter agreements, telegrams, mailgrams, memoranda, summaries and/or
records of personal or telephone conversations, diaries, calendars, photographs, tape recordings,
facsimiles, models, statistical statements, maps, graphs, charts, plans, drawings, minutes or records of
conferences, reports and/or summaries of interviews, conversations, summaries of investigations,
brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts of any documents,
purchase orders, invoices, receipts, original or preliminary notes, films, videos, microfiche, microfilm,
punch cards, slides, pictures, laboratory results, magnetic tapes or any other matter which is capable
of being read, heard, or seen with or without mechanical or electronic assistance.
The term “Communication(s)” shall mean any oral or written statement or exchange of information of
any type between two or more persons, including but not limited to documents, electronic or other
generated mail,’ text messages, Snapchat, Instagram, Twitter, telephone or face-to-face conversations,
or meetings.
The term “all Documents” means every document or group of documents for communication as above
defined known to you and every such document or communication which can be located or
discovered by reasonably diligent efforts.
The term “you” and “your” means the party to whom this Request for Production of Documents is
addressed, including the party’s employees and agents and all other persons acting or purporting to
act on the party’s behalf.
The term “and” and “or” shall be construed both conjunctively and disjunctively so as to make each
request inclusive rather than exclusive. The singular form of any word includes plural and vice versa;
and the masculine includes the feminine and vice versa.
“Person” means any natural person, individual, proprietorship, partnership, corporation, association,
organization, joint venture, firm, other business enterprise, governmental body, group of natural
persons or other entity.
The words "show" "relate to" or "relating to" shall mean refer to, reflect, contain, allude to, respond
to, comment upon, discuss, show, disclose, explain, mention, analyze, constitute, comprise, evidence,
set forth, summarize, support, refute, or characterize, either directly or indirectly, in whole or in part.
If all of the information furnished in answer to all or part of a Request for Production of Documents is
not within the personal knowledge of the affiant, identify each person to whom all or part of the
information furnished is a matter of personal knowledge and each person who communicated to the
affiant any part of the information furnished.
' The term “electronic mail” includes e-mail, text messages, as well as MMS, SMS, EMS, Smart Messaging,
and any messages exchanged through social media (e.g., FaceBook, LinkedIn, Twitter, etc.).
Fwpdocs\201 9\1 9-185 10\Req.Production.docx
Filing 113866768 H FRANCIS LLC VS ETERNAL LIFE 05-2020-CA-037835-XXXX-XX
If in response to this Request for Production of Documents you claim a privilege, please state, with
regard to each claim of privilege, the following:
a. Type of privilege involved (e.g., attorney-client, work-product, trade secret, etc.);
b For the privilege involved, the document or documents, for each such document, describe the
type of document involved (e.g., letter, report, etc.), as well as listing the author or authors of
the document, all recipients of the document, the date of the document and the subject matter
of, or addressed by, the document; and
If the privilege claimed involves a conversation or discussion, or conversations or discussions,
for each such conversation or discussion, list the name and address of the individual involved
in the conversation, their employers, titles and positions, the date the conversation occurred,
and the general content of the conversation.
10. For each requested category, identify and describe with reasonable particularity any such documents.
of which you are aware that are not in your possession, custody, or control and identify who has
possession, custody, or control of each such document.
11 The term “Property” shall mean the real property more particularly described in Exhibit “A” to the
Complaint and more commonly described as 2425 Solana Street, Melbourne, Florida.
Fwpdocs\201 9\1 9-185 10\Req.Production.docx
Filing 113866768 H FRANCIS LLC VS ETERNAL LIFE 05-2020-CA-037835-XXXX-XX
SCHEDULE “A”
All Documents in any way relating to your denial of Paragraphs 12, 14 and 15 of the Complaint as set
forth in Paragraph 2 of your Answer, specifically excluding such otherwise responsive Documents
solely between you and your attorney.
Fwpdocs\201 9\1 9-185 10\Req.Production.docx
Filing 113866768 H FRANCIS LLC VS ETERNAL LIFE 05-2020-CA-037835-XXXX-XX
Preview
Filing # 113866768 E-Filed 09/23/2020 05:09:13 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA H. FRANCIS, LLC, CASE NO.: 05-2020-CA-037835-XXXX-XX a Florida limited liability company, Plaintiff, vs. ETERNAL LIFE FELLOWSHIP INC., a Florida Non-Profit Corporation, ETERNAL LIFE FELLOWSHIP, INC. A Florida Non-Profit Corporation, UNITED STATES SMALL BUSINESS ADMINISTRATION, THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC., a Florida Non-Profit Corporation, DECK-AIRE INC., a Florida Corporation, and CITY OF MELBOURNE, FLORIDA, a political division of the State of Florida, Defendants. / PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC. Plaintiff H. FRANCIS, LLC, (“Plaintiff”), by and through its undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, requests that the Defendant THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC. (“Defendant”) produce for inspection and copying the following documents and papers and items identified in Schedule “A” attached hereto, within thirty (30) days after service, at the law office of Fallace & Larkin, L.C., 1900 Hickory Street, Suite A, Melbourne, Florida 32901. s/ Jesse L. Kabaservice DAVID G. LARKIN (david@fallacelarkinlaw.com) Florida Bar No.: 0003816 JESSE L. KABASERVICE (jesse@fallacelarkinlaw.com) Florida Bar No. 192775 FALLACE & LARKIN, L.C. 1900 Hickory Street, Suite A Melbourne, FL 32901 Phone: (321) 951-9900 Facsimile: (321) 724-6002 PRIMARY E-SERVICE: eservice@fallacelarkinlaw.com Fwpdocs\201 9\1 9-185 10\Req.Production.docx Filing 113866768 H FRANCIS LLC VS ETERNAL LIFE 05-2020-CA-037835-XXXX-XX CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically mailed to Jennifer D. Rose, Esq., jroselaw.com@gmail.com, 2475 Palm Bay Road NE, Suite 125 #4, Palm Bay, FL 32905 this 23rd day of September, 2020. s/ Jesse L. Kabaservice DAVID G. LARKIN (david@fallacelarkinlaw.com) Florida Bar No.: 0003816 JESSE L. KABASERVICE (jesse@tallacelarkinlaw.com) Florida Bar No. 192775 FALLACE & LARKIN, L.C. 1900 Hickory Street, Suite A Melbourne, FL 32901 Phone: (321) 951-9900 PRIMARY E-SERVICE: eservice@fallacelarkiniaw.com Fwpdocs\201 9\1 9-185 10\Req.Production.docx Filing 113866768 H FRANCIS LLC VS ETERNAL LIFE 05-2020-CA-037835-XXXX-XX DEFINITIONS AND INSTRUCTIONS The term “Document” shall mean originals, drafts, and non-identical copies of any writing or other tangible thing or data compilation - whether printed, typed, reproduced by any process, written or produced by hand, including any graphic matter however produced or reproduced, or produced by any mechanical means - either presently maintained in paper form or in electronic, magnetic, chemical, mechanical, or other form of data storage capable of being transformed into, written or oral matter, including, but not limited to, letters, e-mails, affidavits, filings, inventory data, reports, agreements, communications, correspondence, permits, licenses, regulatory filings, financial records, accounting records, contracts, letter agreements, telegrams, mailgrams, memoranda, summaries and/or records of personal or telephone conversations, diaries, calendars, photographs, tape recordings, facsimiles, models, statistical statements, maps, graphs, charts, plans, drawings, minutes or records of conferences, reports and/or summaries of interviews, conversations, summaries of investigations, brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts of any documents, purchase orders, invoices, receipts, original or preliminary notes, films, videos, microfiche, microfilm, punch cards, slides, pictures, laboratory results, magnetic tapes or any other matter which is capable of being read, heard, or seen with or without mechanical or electronic assistance. The term “Communication(s)” shall mean any oral or written statement or exchange of information of any type between two or more persons, including but not limited to documents, electronic or other generated mail,’ text messages, Snapchat, Instagram, Twitter, telephone or face-to-face conversations, or meetings. The term “all Documents” means every document or group of documents for communication as above defined known to you and every such document or communication which can be located or discovered by reasonably diligent efforts. The term “you” and “your” means the party to whom this Request for Production of Documents is addressed, including the party’s employees and agents and all other persons acting or purporting to act on the party’s behalf. The term “and” and “or” shall be construed both conjunctively and disjunctively so as to make each request inclusive rather than exclusive. The singular form of any word includes plural and vice versa; and the masculine includes the feminine and vice versa. “Person” means any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, group of natural persons or other entity. The words "show" "relate to" or "relating to" shall mean refer to, reflect, contain, allude to, respond to, comment upon, discuss, show, disclose, explain, mention, analyze, constitute, comprise, evidence, set forth, summarize, support, refute, or characterize, either directly or indirectly, in whole or in part. If all of the information furnished in answer to all or part of a Request for Production of Documents is not within the personal knowledge of the affiant, identify each person to whom all or part of the information furnished is a matter of personal knowledge and each person who communicated to the affiant any part of the information furnished. ' The term “electronic mail” includes e-mail, text messages, as well as MMS, SMS, EMS, Smart Messaging, and any messages exchanged through social media (e.g., FaceBook, LinkedIn, Twitter, etc.). Fwpdocs\201 9\1 9-185 10\Req.Production.docx Filing 113866768 H FRANCIS LLC VS ETERNAL LIFE 05-2020-CA-037835-XXXX-XX If in response to this Request for Production of Documents you claim a privilege, please state, with regard to each claim of privilege, the following: a. Type of privilege involved (e.g., attorney-client, work-product, trade secret, etc.); b For the privilege involved, the document or documents, for each such document, describe the type of document involved (e.g., letter, report, etc.), as well as listing the author or authors of the document, all recipients of the document, the date of the document and the subject matter of, or addressed by, the document; and If the privilege claimed involves a conversation or discussion, or conversations or discussions, for each such conversation or discussion, list the name and address of the individual involved in the conversation, their employers, titles and positions, the date the conversation occurred, and the general content of the conversation. 10. For each requested category, identify and describe with reasonable particularity any such documents. of which you are aware that are not in your possession, custody, or control and identify who has possession, custody, or control of each such document. 11 The term “Property” shall mean the real property more particularly described in Exhibit “A” to the Complaint and more commonly described as 2425 Solana Street, Melbourne, Florida. Fwpdocs\201 9\1 9-185 10\Req.Production.docx Filing 113866768 H FRANCIS LLC VS ETERNAL LIFE 05-2020-CA-037835-XXXX-XX SCHEDULE “A” All Documents in any way relating to your denial of Paragraphs 12, 14 and 15 of the Complaint as set forth in Paragraph 2 of your Answer, specifically excluding such otherwise responsive Documents solely between you and your attorney. Fwpdocs\201 9\1 9-185 10\Req.Production.docx Filing 113866768 H FRANCIS LLC VS ETERNAL LIFE 05-2020-CA-037835-XXXX-XX