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Filing # 98000540 E-Filed 10/28/2019 09:46:45 PM.
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
Case No.: 2018-CA-4003
HODGES BROTHERS, INC.,
Plaintiff,
CLARDY A. MALUGEN, as Trustee of the CLARDY
A. MALUGEN FAMILY TRUST, and CLARDY A.
MALUGEN, individually,
Defendants.
CLARDY A. MALUGEN AND CLARDY A. MALUGEN, AS TRUSTEE OF THE CLARDY A.
MALUGEN FAMILY TRUST, OBJECTIONS AND RESPONSES TO
SECOND REQUEST TO PRODUCE
CLARDY A. MALUGEN and CLARDY A. MALUGEN, AS TRUSTEE OF THE CLARDY
A. MALUGEN FAMILY TRUST, (collectively “Malugen”), by and through her undersigned attorneys,
and hereby files this, her Objections and Responses to HODGES BROTHERS, INC.’S (“Hodges
Brothers”) Second Request to Produce (“Request”) and states the following:
OBJECTIONS
1 Malugen objects to each and every request in the Request to the extent that it calls for the
production of any documents covered under the Malugen’s attorney/client and/or work product protected
privileges.
2 Malugen objects to the Request in that it does not define a timeframe for the documents
requested to be produced by Malugen.
RESPONSES
1 To the extent that the documents requested in paragraph 1 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place.
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
2 To the extent that the documents requested in paragraph 2 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place.
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
3 To the extent that the documents requested in paragraph 3 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place.
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
4 To the extent that the documents requested in paragraph 4 exist and have not already
been produced, Malugen will produce such documents as she has in her possession, custody or control
at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and
she reserves the right to supplement this response as allowable by Florida law.
5 To the extent that the documents requested in paragraph 5 exist and have not already
been produced, Malugen will produce such documents as she has in her possession, custody or control
at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and
she reserves the right to supplement this response as allowable by Florida law.
6 Malugen objects to this request to the extent that this request calls for the disclosure of
her potential expert witnesses / expert information. Malugen states that she will comply with this
Court’s Orders regarding timing and disclosure requirements regarding expert witnesses and expert
materials / files. To the extent that the documents requested in paragraph 6 exist and are not
objectionable, Malugen will produce such documents as she has in her possession, custody or control at
a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and
Malugen reserves the right to supplement this response as allowable by Florida law.
7 To the extent that the documents requested in paragraph 7 exist and have not already
been produced, Malugen will produce such documents as she has in her possession, custody or control
at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and
she reserves the right to supplement this response as allowable by Florida law.
8 To the extent that the documents requested in paragraph 8 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
9 To the extent that the documents requested in paragraph 9 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
10. To the extent that the documents requested in paragraph 10 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
11. To the extent that the documents requested in paragraph 11 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
12. Malugen objects to this request to the extent that this request calls for the disclosure of
her potential expert witnesses / expert information. Malugen states that she will comply with this
Court’s Orders regarding timing and disclosure requirements regarding expert witnesses and expert
materials / files. To the extent that the documents requested in paragraph 12 exist and are not
objectionable, Malugen will produce such documents as she has in her possession, custody or control at
a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and
Malugen reserves the right to supplement this response as allowable by Florida law.
13. To the extent that the documents requested in paragraph 13 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place.
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
14. To the extent that the documents requested in paragraph 14 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place.
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
15. To the extent that the documents requested in paragraph 15 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place.
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
16. To the extent that the documents requested in paragraph 16 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place.
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
17. To the extent that the documents requested in paragraph 17 exist, Malugen will produce
such documents as she has in her possession, custody or control at a mutually agreeable time and place
Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this
response as allowable by Florida law.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 28" day of October 2019, I electronically filed the foregoing
with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in compliance with
Rule 2.516, Florida Rules of Judicial Administration, which will complete service by furnishing a true
and correct copy of the foregoing via electronic mail to all counsel of record.
THOMPSON, JAGLAL & SUTTON, P.A.
/s/_Anthony Jaglal
Rouselle A. Sutton, III, Esq.
Florida Bar No. 027092
Anthony Jaglal, Esq.
Florida Bar No. 030408
Brian Christopher Walker, Esq.
Florida Bar No. 123368
4767 New Broad Street
Orlando, FL 32814
Tel: (407) 601-6604
Fax: (407) 514-2604
Email: bo.sutton@thompsonjaglal.com
jaglal@thompsonjaglal.com
brian.walker@thompsonjaglal.com
bran. Walker
Attorneys for Clardy A. Malugen
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Filing # 98000540 E-Filed 10/28/2019 09:46:45 PM. IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA Case No.: 2018-CA-4003 HODGES BROTHERS, INC., Plaintiff, CLARDY A. MALUGEN, as Trustee of the CLARDY A. MALUGEN FAMILY TRUST, and CLARDY A. MALUGEN, individually, Defendants. CLARDY A. MALUGEN AND CLARDY A. MALUGEN, AS TRUSTEE OF THE CLARDY A. MALUGEN FAMILY TRUST, OBJECTIONS AND RESPONSES TO SECOND REQUEST TO PRODUCE CLARDY A. MALUGEN and CLARDY A. MALUGEN, AS TRUSTEE OF THE CLARDY A. MALUGEN FAMILY TRUST, (collectively “Malugen”), by and through her undersigned attorneys, and hereby files this, her Objections and Responses to HODGES BROTHERS, INC.’S (“Hodges Brothers”) Second Request to Produce (“Request”) and states the following: OBJECTIONS 1 Malugen objects to each and every request in the Request to the extent that it calls for the production of any documents covered under the Malugen’s attorney/client and/or work product protected privileges. 2 Malugen objects to the Request in that it does not define a timeframe for the documents requested to be produced by Malugen. RESPONSES 1 To the extent that the documents requested in paragraph 1 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 2 To the extent that the documents requested in paragraph 2 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 3 To the extent that the documents requested in paragraph 3 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 4 To the extent that the documents requested in paragraph 4 exist and have not already been produced, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 5 To the extent that the documents requested in paragraph 5 exist and have not already been produced, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 6 Malugen objects to this request to the extent that this request calls for the disclosure of her potential expert witnesses / expert information. Malugen states that she will comply with this Court’s Orders regarding timing and disclosure requirements regarding expert witnesses and expert materials / files. To the extent that the documents requested in paragraph 6 exist and are not objectionable, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and Malugen reserves the right to supplement this response as allowable by Florida law. 7 To the extent that the documents requested in paragraph 7 exist and have not already been produced, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 8 To the extent that the documents requested in paragraph 8 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 9 To the extent that the documents requested in paragraph 9 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 10. To the extent that the documents requested in paragraph 10 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 11. To the extent that the documents requested in paragraph 11 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 12. Malugen objects to this request to the extent that this request calls for the disclosure of her potential expert witnesses / expert information. Malugen states that she will comply with this Court’s Orders regarding timing and disclosure requirements regarding expert witnesses and expert materials / files. To the extent that the documents requested in paragraph 12 exist and are not objectionable, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and Malugen reserves the right to supplement this response as allowable by Florida law. 13. To the extent that the documents requested in paragraph 13 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 14. To the extent that the documents requested in paragraph 14 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 15. To the extent that the documents requested in paragraph 15 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 16. To the extent that the documents requested in paragraph 16 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place. Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. 17. To the extent that the documents requested in paragraph 17 exist, Malugen will produce such documents as she has in her possession, custody or control at a mutually agreeable time and place Malugen also states that discovery in this case is ongoing and she reserves the right to supplement this response as allowable by Florida law. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 28" day of October 2019, I electronically filed the foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in compliance with Rule 2.516, Florida Rules of Judicial Administration, which will complete service by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record. THOMPSON, JAGLAL & SUTTON, P.A. /s/_Anthony Jaglal Rouselle A. Sutton, III, Esq. Florida Bar No. 027092 Anthony Jaglal, Esq. Florida Bar No. 030408 Brian Christopher Walker, Esq. Florida Bar No. 123368 4767 New Broad Street Orlando, FL 32814 Tel: (407) 601-6604 Fax: (407) 514-2604 Email: bo.sutton@thompsonjaglal.com jaglal@thompsonjaglal.com brian.walker@thompsonjaglal.com bran. Walker Attorneys for Clardy A. Malugen