Preview
Filing# 155526306 E-Filed 08/17/2022 12:49:57 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
STRIKE X, LLC, CASE NO.: CACE-21-016240
Plaintiff,
VS.
THE VILLAGE AT GULFSTREAM
PARK, LLC,
Defendant.
i
SUBPOENA FOR DEPOSITION DUCES TECUM
THE STATE OF FLORIDA
TO: Andrew Gerth
do Greenberg Traurig, P.A.
333 S.E. 2?md Avenue
Miami, FL 33131
YOU ARE COMMANDED to appear via Zoom Video Conference on October 19,
2022 at 10:00 a.m., for the taking of your depositionin this action,and to have with you at that
time and place the documents referenced in the attached Exhibit "A". Your testimony will be
transcribed by a stenographer.If you fail to comply with this subpoena, you may be in contempt
of Court.
Dated: August 17,2022
and
[Signature Certificate of Service to Follow]
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/17/2022 12:49:57 PM.****
For the Court,
ZARCO EINHORN SALKOWSKI & BRITO, P.A.
Counsel for Plaintiff
One Biscayne Tower
th
2 South Biscayne Boulevard, 34? Floor
Miami, Florida 33131
Telephone: (305) 374-5418
Facsimile: (305) 374-5428
By-. /sl Mary Nikezic
ROBERT ZARCO (FBN 502138)
E-mail:
ROBERT F. SALKOWSKI (FBN 903124)
E-mail: rsalkowski@zarcolaw.corn
MARY NIKEZIC (FBN 92928)
E-mail: mnikezic@zarcolaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 17, 2022, a true and correct copy ofthe foregoing
was served via the Florida Courts' e-Portal upon the following Jordanna Ishmael
com,
[ishmaelj@gtlaw. abrahamd@gtlaw.com, and and Michael N.
Kreitzer and belloy@gtlaw.coml GREENBERG TRAURIG, P.A., 333
S.E. Second Avenue, 44th Floor, Miami, FL 33131.
By-- /sl Mary Nikezic
2
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
EXHIBIT "A"
DEFINITIONS
(a) The term "You" or "Your" shall mean Andrew Gerth and any persons actingor
purportingto act on Mr. Gerth's behalf.
(b) "Strike X," "Plaintiff," and "Tenant" shall mean Plaintiff,Strike X, LLC, a
company, and
Florida limited liability its officers,directors,employees, agents, representatives,
and
attorneys, accountants, parents, subsidiaries,affiliates, any other persons or entities actingor
purportingto act on its behalf.
"., .,...
(C) "Defendant, Landlord, Gulfstream" shall mean Villageat Gulfstream Park,
LLC, a Delaware limited liability
company, and its officers,directors,employees, agents,
attorneys, accountants, parents, subsidiaries,
representatives, and any other persons or
affiliates,
entities actingor purportingto act on its behalf.
(d) "Shopping Center" shall mean those buildings, land and Common Areas
comprising the shopping center development known as "The Villageat Gulfstream Park" located
located adjacentto Gulfstream Park at 901 S. Federal Highway in Hallandale Beach, Florida.
(e) "1700 Lease" shall mean the Lease entered into on August 5, 2020, between
Gulfstream Park and Strike X pursuant to which Strike X as Tenant leased Space No. 1700 of the
Shopping Center, includingthe New Building Addition.
(f) "Premises" shall mean the specificdemised space leased to Strike X of the
Shopping Center known as Space No. 1700 includingthe New BuildingAddition as depictedon
Exhibit B o f the Lease below:
3
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
EXHIBIT B
SITE PLAN OF THE PREMISES
,.,I,h
'i
EXIST.CONC,
PADS VW ELEC
TRANSFORMER
NEW BLDG ADDITION
#
8v,K-
/X-
r
,
SOUTH PATIO (2.983 SF)
(3.012 S.F)
LEASE LINE -, LEASE LINE
..4 Z.rf.
>
'r
/t-
1-.Il
.EF
ROOM
'R J Ep,T.ENEE- -
WALL TO BE REMOVED j 2
,EXIST--
.=LER iT 2
,-+J ,-t<4
1.i:* 1700
:#.JF
(38,616 SF - EXIST BLDG )
tgftt * i/4
7.S I (3,012 SF - NEW ADDITION)
41,628 SF
Gf-,z
#C'. 1
<9
* 1.....27573 -i-t .. i=-STETS' //RM.=
-,EEA,-S,I- -RC?.., .-bt--'
.
NORTH
--A.1.
PATIC (1128 SF)
I-I-2 -ES,--,
- ., 'FW
d fi
..
VIA DA FOR TUNA
:12 dt
0 GULISTNfAMP'Akl?Mul,D-C61Oni'.ANi.IUNT WJO:
Gl
(g) "Action" or "Litigation"shall mean the action brought by Strike X againstYou in the
lawsuit styledStrike X LLC vs. The Villageof Gu*tream Park LLC Case No. CACE21016240,
currentlypending in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward
County, Florida.
(h) "Document(s)" means any written or graphic or electronic matter or other means of
preservingthought or expressionof every type and description,
including,without limitations,
information, files,ledgers,logs,journals,circulars,diary entries,including
electronically-stored
calendar entries indicatingdates or any meetings or conversations,desk calendar, appointment
books, notebooks, telegrams,telexes,facsimiles,facsimile cover
books, correspondence,letters,
sheets, pamphlets, newspapers or other periodicalclippings,instructions,memoranda, reports,
minutes of meetings, contracts, agreements, notes, analyses,work papers, charts,graphs,plans,
4
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
statistical and financial records,and award, accounts, statement of accounts, canceled checks and
stubs, records of notes of meetings, conferences, telephone calls or other conversations,
phonographs, slides,tapes or other recordings,and punch cards, magnetic tapes, discs,computer
or other data compilationsfrom
disks,drums, e-mails printedor stored or deleted but retrievable,
which information can be obtained (translated,
if necessary by you through detection devices into
or drafts however produced or reproduced,and
usable form),whether originals all copies of any
documents that are marked with any notation or that in any other way differ from the originalor
other copies which are in your possession,custody or control,as principal,
shareholder,director,
or otherwise, and specifically
includingany and all drafts of any of the above any and all of the
handwritten notes or notations in whatever form, and further including,but not limited to, any
other matter covered by Rule 1.350 of the Florida Rules of Civil Procedure.
@ "Communications" shall include, without limitation,every manner or means of
disclosure,transfer,or exchange of information whether orallyor by document or whether face-
to-face,by telephone,telecopier,
mail, facsimile,personaldelivery, email,fax,
overnightdelivery,
instant message or otherwise.
(j) "All Documents and Communications" shall mean all Documents and
Communications, as defined above, known to You within Your custody,possessionor control or
within the custody,possessionor control of Your attorneys, agents and representatives,
whether
an original,copy or draft, and every such document which You can locate or discover by
efforts.
reasonablydiligent
CO "And" and "or" as used as used in this discover request are terms of inclusion and
not of exclusion,and shall be construed either disjunctively
or conjunctively
as necessary to bring
5
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
within the scope of the request for production of documents any document or information that
might otherwise be construed to be outside its scope.
(1) "Any" means one or more.
On) Whenever the "relate to," "related to," or "relatingto"
phrase "reflecting," is
used herein, it shall mean concerning,constituting,
containing,embodying, identifying,
dealing
mentioning, defining,explaining,discussing,commenting upon, monitoring,
with, reflecting,
supporting,evidencing,modifying, contradicting, describing,creatingor
quoting,criticizing,
maintaining,bearing upon, referringto, having any relationshipto, constitutinga basis for,
derivingfrom or arisingfrom, or in any manner whatsoever pertinentto that subject.
(n) "Including" and "including,but not limited to" are intended to illustrate the kind
of information responsiveto each request herein. Such examples are not intended to be exhaustive
of the information sought and shall not in any way be read to limit the scope of the requests.
(o) "Electronic Data" shall mean the original(includingwithout limitation the native
format),or identical duplicatewhen the originalis not available,and any non-identical copies
(whethernon-identical because ofnotes made on copiesor attached comments, annotations,marks,
transmission notations or highlightingof any kind) of writings of every kind and description
whether inscribed by mechanical, facsimile, electronic,magnetic, digital,or other means.
Electronic Data includes, by way of example only, electronic ledgers,electronic mail, e-mail,
computer programs (whether private,commercial or work-in-progress),programming notes or
instructions,activity of electronic mail receiptsand/or transmittals,output resultingfrom
listing
the use of any software program, includingword processingdocuments, spreadsheets,
database
charts,graphs and outlines,operatingsystems, source code of
files, all types, peripheraldrivers,
PIF files,batch files,ASCII files,and any and all miscellaneous files and/or file fragments,
6
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
regardlessofthe media on which they reside and regardlessofwhether said electronic data consists
in an active file,
deleted file or file fragment.Electronic Data includes any and all items stored,in
native and non-native format, on computers, servers, cloud databases, or online (forexample,
QuickBooks); on computer memories; hard disks; floppy disks; CD-ROMs; removable media;
magnetic tapes of all types; microfiche; punched cards; punched tape; computer chips including,
but not limited to, EPROM, PROM, RAM and ROM; or on or in any other vehicle for data
digital
storage and/or transmittal. Electronic Data also includes the file,folder tabs and/or containers and
labels appended to, or associated with, any physical storage device associated with each original
and/or copy.
(p) "Person" means any natural person, corporation,partnership,company, sole
jointventure, firm, governmental body, or other legalentity,
association,institute,
proprietorship,
or publiclyowned or controlled,for profit
whether privately or partially
or not-for-profit, or fully
government owned or controlled.
(q) terms not defined herein shall have the meaning ascribed to them in
All capitalized
the Complaint,the Answer and the Lease.
(r) The use of the singularof any word shall include the pluraland vice versa, and the
use of a verb in any tense or voice shall be construed as the use of that verb in all other tenses and
voices, as necessary to bring within the scope o f the document request all information that might
otherwise be construed as outside its scope.
(s) Unless otherwise stated,the time frame for these requests shall be from January 1, 2019
until the present.
7
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
INSTRUCTIONS
(a) Production of documents and items requestedherein shall be made electronically
at the offices of Zarco Einhorn Salkowski & Brito,P.A., 2 S. Biscayne Blvd., 34th Floor, Miami,
Florida 33131.
(b) These requests shall include all documents that are in Your possession,custody or
control or in the possession,custody or control of Your present or former agents, representatives,
or attorneys, or any and all persons actingon Your behalf.
(c) For any document covered by a request that is withheld from production,You shall
provide the followinginformation:
@ The reasons and facts supportingany withholding;
(ii) The date such document was prepared;
(iii) The names, employment positionsand addresses of the author or preparers
of such document;
(iv) The names, employment positions,and the addresses of each person who
received such document;
(v) The title and of the document; and
a brief description
(vi) The number of the request under which such document would be produced
but for the objection.
(d) If any document responsiveto a request has been destroyed,describe the content of
that document, the location of that document, the date of such destruction,and the name of the
person who ordered or authorized such destruction.
(e) In producing the documents requested,indicate the specific
request(s)
pursuant to
which document or group of documents is being produced.
(f) If a document or other information is store the document or other
electronically,
information shall be produced in native format. In conjunction with the production of any
8
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
stored information,all metadata and other bibliographic
electronically or historical data relating
to
stored information shall also be produced.
such electronically
(g) All ESI documents shall be produced in searchable .PDF or .TIF format, with the
exceptionof data or file types which are not easilyconvertible to image format (including,
inter
alia,Excel, Access files,and drawing files).
Excel or other spreadsheet files shall be produced
natively,with either: (1) a placeholder TIFF image that contains the filename and stamped
production Bates number, and contains the message "Not Converted to TIFF" or "Produced
Natively" and a CONFIDENTIAL stamp, if applicable;or (2) a log in Excel spreadsheetformat
indicatingthe Bates numbers of all files that have been produced nativelyand not converted to a
TIFF file,and the confidentiality
designationof each file. These native file names must be
renamed to correspond with their production Bates number. If an Excel, or other spreadsheetfile
cannot reasonablybe produced in native format, the producing Party will advise the requesting
Party of the reason for not producing the file in native format.
(h) To the extent that oversized or other documents cannot reasonablybe electronically
imaged, a hard copy can be provided. If the producing Party determines that it is not feasible or
reasonably practicalto produce a document in TIFF format, upon request and review of such
document(s),it may produce the document as a native file.
@ If color images are produced,they should be in JPG format. To the extent possible,
images shall be accompanied by a load file in either IPRO (.LFP file)or Opticon (.OPT file)
format, includingdocument breaks and page counts (beginningand ending productionnumbers)
and using standard IPRO/Opticon folder structures. All productions are to be delivered in a
standard delimited Concordance which includes BegAttach and EndAttach
(.DAT file) fields.
9
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
(j) You are to use Your best efforts not to produce duplicatesof electronic documents
maintained in different electronic locations.
(k) Any and all e-mail message that has one or more attachment(s)shall be produced
in a manner such that those attachments are numbered and produced immediately followingthe
parent e-mail.
(1) Each document image file produced shall be named with a unique Bates Number
and the pages of each document contained within any production set shall be marked with
consecutive Bates Numbers. When adding Bates Numbers to documents, the producing Party shall
use a unique productionprefixthat does not include any spaces or any punctuationmarks, is not
..
longer than six characters,and does not end with one of the following characters: Capital"D,'
Capital"I," lowercase "I," Capital"0," or lowercase "o." The Bates number for each production
set will be its unique productionprefixfollowed by six (6) to eight(8) numerals, beginning at
00000001 and continuingsequentially.
On) Each image file should be named for its beginning production number. For
example, a page produced as ABC00000001 would be produced as a TIFF image with the name
ABC00000001.TIF.
(n) The producing Party shall provide the following metadata, to the extent it exists
and is maintained by the producing Party in the usual course ofbusiness, associated with electronic
documents and e-mails: the custodian, author, recipients (TO/CC/BCC), date, e-mail
subject/filename(i.e.,Re line),beginning/ending e-mail Bates, beginning/ending e-mail
attachment Bates, and document type. Metadata shall be delivered in a standard delimited
Concordance (.DAT) file that includes BegAttach and EndAttach fields. The producing Party is
not requiredto create metadata coding for any file produced.
10
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
(o) These requests should be deemed continuing,and supplementalproductionshould
be provided as additional documents become available.
DOCUMENTS REQUESTED
1. All Document and Communications regardingor relating
to the 1700 Lease.
2. All Documents and Communications regarding Strike X, Strike X's business,
Strike X's occupancy ofthe Premises.
3. All Documents and Communications regardingor referringto the expansion of
the Premises and construction of the "New Building Addition" to accommodate Strike X's
bowling lanes.
4. All plans,specifications,
surveys, site plans,architectural drawings,platand shop
drawings, working drawings, field drawings,permit-setdrawings evidencing any redesign or
of the Shopping Center.
reconfiguration
5. submittals,permits and drawings related to the expansion ofthe
All applications,
Premises and construction of the "New BuildingAddition."
6. All Document and Communications with the buildingdepartmentrelated to the
1700 Lease and/or the expansion of the Premises and construction of the"New Building
Addition."
7. All Documents and Communications regardingany work that Gulfstream planned
to or did undertake in relation to the 1700 Lease.
8. All Documents and Communications regardingthe contemplated future redesign
of some or all of the Shopping Center.
9. All Documents and Communications regardingyour engagement and scope of
work related to the 1700 Lease, expansiono f the Premises, and/or New BuildingAddition.
11
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
10. All Communications between You and Gulfstream and its agents regardingthe
1700 Lease, expansion of the Premises, and/or New Building Addition.
12
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
Preview
Filing# 155526306 E-Filed 08/17/2022 12:49:57 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA STRIKE X, LLC, CASE NO.: CACE-21-016240 Plaintiff, VS. THE VILLAGE AT GULFSTREAM PARK, LLC, Defendant. i SUBPOENA FOR DEPOSITION DUCES TECUM THE STATE OF FLORIDA TO: Andrew Gerth do Greenberg Traurig, P.A. 333 S.E. 2?md Avenue Miami, FL 33131 YOU ARE COMMANDED to appear via Zoom Video Conference on October 19, 2022 at 10:00 a.m., for the taking of your depositionin this action,and to have with you at that time and place the documents referenced in the attached Exhibit "A". Your testimony will be transcribed by a stenographer.If you fail to comply with this subpoena, you may be in contempt of Court. Dated: August 17,2022 and [Signature Certificate of Service to Follow] ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/17/2022 12:49:57 PM.**** For the Court, ZARCO EINHORN SALKOWSKI & BRITO, P.A. Counsel for Plaintiff One Biscayne Tower th 2 South Biscayne Boulevard, 34? Floor Miami, Florida 33131 Telephone: (305) 374-5418 Facsimile: (305) 374-5428 By-. /sl Mary Nikezic ROBERT ZARCO (FBN 502138) E-mail: ROBERT F. SALKOWSKI (FBN 903124) E-mail: rsalkowski@zarcolaw.corn MARY NIKEZIC (FBN 92928) E-mail: mnikezic@zarcolaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 17, 2022, a true and correct copy ofthe foregoing was served via the Florida Courts' e-Portal upon the following Jordanna Ishmael com, [ishmaelj@gtlaw. abrahamd@gtlaw.com, and and Michael N. Kreitzer and belloy@gtlaw.coml GREENBERG TRAURIG, P.A., 333 S.E. Second Avenue, 44th Floor, Miami, FL 33131. By-- /sl Mary Nikezic 2 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 EXHIBIT "A" DEFINITIONS (a) The term "You" or "Your" shall mean Andrew Gerth and any persons actingor purportingto act on Mr. Gerth's behalf. (b) "Strike X," "Plaintiff," and "Tenant" shall mean Plaintiff,Strike X, LLC, a company, and Florida limited liability its officers,directors,employees, agents, representatives, and attorneys, accountants, parents, subsidiaries,affiliates, any other persons or entities actingor purportingto act on its behalf. "., .,... (C) "Defendant, Landlord, Gulfstream" shall mean Villageat Gulfstream Park, LLC, a Delaware limited liability company, and its officers,directors,employees, agents, attorneys, accountants, parents, subsidiaries, representatives, and any other persons or affiliates, entities actingor purportingto act on its behalf. (d) "Shopping Center" shall mean those buildings, land and Common Areas comprising the shopping center development known as "The Villageat Gulfstream Park" located located adjacentto Gulfstream Park at 901 S. Federal Highway in Hallandale Beach, Florida. (e) "1700 Lease" shall mean the Lease entered into on August 5, 2020, between Gulfstream Park and Strike X pursuant to which Strike X as Tenant leased Space No. 1700 of the Shopping Center, includingthe New Building Addition. (f) "Premises" shall mean the specificdemised space leased to Strike X of the Shopping Center known as Space No. 1700 includingthe New BuildingAddition as depictedon Exhibit B o f the Lease below: 3 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 EXHIBIT B SITE PLAN OF THE PREMISES ,.,I,h 'i EXIST.CONC, PADS VW ELEC TRANSFORMER NEW BLDG ADDITION # 8v,K- /X- r , SOUTH PATIO (2.983 SF) (3.012 S.F) LEASE LINE -, LEASE LINE ..4 Z.rf. > 'r /t- 1-.Il .EF ROOM 'R J Ep,T.ENEE- - WALL TO BE REMOVED j 2 ,EXIST-- .=LER iT 2 ,-+J ,-t<4 1.i:* 1700 :#.JF (38,616 SF - EXIST BLDG ) tgftt * i/4 7.S I (3,012 SF - NEW ADDITION) 41,628 SF Gf-,z #C'. 1 <9 * 1.....27573 -i-t .. i=-STETS' //RM.= -,EEA,-S,I- -RC?.., .-bt--' . NORTH --A.1. PATIC (1128 SF) I-I-2 -ES,--, - ., 'FW d fi .. VIA DA FOR TUNA :12 dt 0 GULISTNfAMP'Akl?Mul,D-C61Oni'.ANi.IUNT WJO: Gl (g) "Action" or "Litigation"shall mean the action brought by Strike X againstYou in the lawsuit styledStrike X LLC vs. The Villageof Gu*tream Park LLC Case No. CACE21016240, currentlypending in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. (h) "Document(s)" means any written or graphic or electronic matter or other means of preservingthought or expressionof every type and description, including,without limitations, information, files,ledgers,logs,journals,circulars,diary entries,including electronically-stored calendar entries indicatingdates or any meetings or conversations,desk calendar, appointment books, notebooks, telegrams,telexes,facsimiles,facsimile cover books, correspondence,letters, sheets, pamphlets, newspapers or other periodicalclippings,instructions,memoranda, reports, minutes of meetings, contracts, agreements, notes, analyses,work papers, charts,graphs,plans, 4 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 statistical and financial records,and award, accounts, statement of accounts, canceled checks and stubs, records of notes of meetings, conferences, telephone calls or other conversations, phonographs, slides,tapes or other recordings,and punch cards, magnetic tapes, discs,computer or other data compilationsfrom disks,drums, e-mails printedor stored or deleted but retrievable, which information can be obtained (translated, if necessary by you through detection devices into or drafts however produced or reproduced,and usable form),whether originals all copies of any documents that are marked with any notation or that in any other way differ from the originalor other copies which are in your possession,custody or control,as principal, shareholder,director, or otherwise, and specifically includingany and all drafts of any of the above any and all of the handwritten notes or notations in whatever form, and further including,but not limited to, any other matter covered by Rule 1.350 of the Florida Rules of Civil Procedure. @ "Communications" shall include, without limitation,every manner or means of disclosure,transfer,or exchange of information whether orallyor by document or whether face- to-face,by telephone,telecopier, mail, facsimile,personaldelivery, email,fax, overnightdelivery, instant message or otherwise. (j) "All Documents and Communications" shall mean all Documents and Communications, as defined above, known to You within Your custody,possessionor control or within the custody,possessionor control of Your attorneys, agents and representatives, whether an original,copy or draft, and every such document which You can locate or discover by efforts. reasonablydiligent CO "And" and "or" as used as used in this discover request are terms of inclusion and not of exclusion,and shall be construed either disjunctively or conjunctively as necessary to bring 5 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 within the scope of the request for production of documents any document or information that might otherwise be construed to be outside its scope. (1) "Any" means one or more. On) Whenever the "relate to," "related to," or "relatingto" phrase "reflecting," is used herein, it shall mean concerning,constituting, containing,embodying, identifying, dealing mentioning, defining,explaining,discussing,commenting upon, monitoring, with, reflecting, supporting,evidencing,modifying, contradicting, describing,creatingor quoting,criticizing, maintaining,bearing upon, referringto, having any relationshipto, constitutinga basis for, derivingfrom or arisingfrom, or in any manner whatsoever pertinentto that subject. (n) "Including" and "including,but not limited to" are intended to illustrate the kind of information responsiveto each request herein. Such examples are not intended to be exhaustive of the information sought and shall not in any way be read to limit the scope of the requests. (o) "Electronic Data" shall mean the original(includingwithout limitation the native format),or identical duplicatewhen the originalis not available,and any non-identical copies (whethernon-identical because ofnotes made on copiesor attached comments, annotations,marks, transmission notations or highlightingof any kind) of writings of every kind and description whether inscribed by mechanical, facsimile, electronic,magnetic, digital,or other means. Electronic Data includes, by way of example only, electronic ledgers,electronic mail, e-mail, computer programs (whether private,commercial or work-in-progress),programming notes or instructions,activity of electronic mail receiptsand/or transmittals,output resultingfrom listing the use of any software program, includingword processingdocuments, spreadsheets, database charts,graphs and outlines,operatingsystems, source code of files, all types, peripheraldrivers, PIF files,batch files,ASCII files,and any and all miscellaneous files and/or file fragments, 6 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 regardlessofthe media on which they reside and regardlessofwhether said electronic data consists in an active file, deleted file or file fragment.Electronic Data includes any and all items stored,in native and non-native format, on computers, servers, cloud databases, or online (forexample, QuickBooks); on computer memories; hard disks; floppy disks; CD-ROMs; removable media; magnetic tapes of all types; microfiche; punched cards; punched tape; computer chips including, but not limited to, EPROM, PROM, RAM and ROM; or on or in any other vehicle for data digital storage and/or transmittal. Electronic Data also includes the file,folder tabs and/or containers and labels appended to, or associated with, any physical storage device associated with each original and/or copy. (p) "Person" means any natural person, corporation,partnership,company, sole jointventure, firm, governmental body, or other legalentity, association,institute, proprietorship, or publiclyowned or controlled,for profit whether privately or partially or not-for-profit, or fully government owned or controlled. (q) terms not defined herein shall have the meaning ascribed to them in All capitalized the Complaint,the Answer and the Lease. (r) The use of the singularof any word shall include the pluraland vice versa, and the use of a verb in any tense or voice shall be construed as the use of that verb in all other tenses and voices, as necessary to bring within the scope o f the document request all information that might otherwise be construed as outside its scope. (s) Unless otherwise stated,the time frame for these requests shall be from January 1, 2019 until the present. 7 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 INSTRUCTIONS (a) Production of documents and items requestedherein shall be made electronically at the offices of Zarco Einhorn Salkowski & Brito,P.A., 2 S. Biscayne Blvd., 34th Floor, Miami, Florida 33131. (b) These requests shall include all documents that are in Your possession,custody or control or in the possession,custody or control of Your present or former agents, representatives, or attorneys, or any and all persons actingon Your behalf. (c) For any document covered by a request that is withheld from production,You shall provide the followinginformation: @ The reasons and facts supportingany withholding; (ii) The date such document was prepared; (iii) The names, employment positionsand addresses of the author or preparers of such document; (iv) The names, employment positions,and the addresses of each person who received such document; (v) The title and of the document; and a brief description (vi) The number of the request under which such document would be produced but for the objection. (d) If any document responsiveto a request has been destroyed,describe the content of that document, the location of that document, the date of such destruction,and the name of the person who ordered or authorized such destruction. (e) In producing the documents requested,indicate the specific request(s) pursuant to which document or group of documents is being produced. (f) If a document or other information is store the document or other electronically, information shall be produced in native format. In conjunction with the production of any 8 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 stored information,all metadata and other bibliographic electronically or historical data relating to stored information shall also be produced. such electronically (g) All ESI documents shall be produced in searchable .PDF or .TIF format, with the exceptionof data or file types which are not easilyconvertible to image format (including, inter alia,Excel, Access files,and drawing files). Excel or other spreadsheet files shall be produced natively,with either: (1) a placeholder TIFF image that contains the filename and stamped production Bates number, and contains the message "Not Converted to TIFF" or "Produced Natively" and a CONFIDENTIAL stamp, if applicable;or (2) a log in Excel spreadsheetformat indicatingthe Bates numbers of all files that have been produced nativelyand not converted to a TIFF file,and the confidentiality designationof each file. These native file names must be renamed to correspond with their production Bates number. If an Excel, or other spreadsheetfile cannot reasonablybe produced in native format, the producing Party will advise the requesting Party of the reason for not producing the file in native format. (h) To the extent that oversized or other documents cannot reasonablybe electronically imaged, a hard copy can be provided. If the producing Party determines that it is not feasible or reasonably practicalto produce a document in TIFF format, upon request and review of such document(s),it may produce the document as a native file. @ If color images are produced,they should be in JPG format. To the extent possible, images shall be accompanied by a load file in either IPRO (.LFP file)or Opticon (.OPT file) format, includingdocument breaks and page counts (beginningand ending productionnumbers) and using standard IPRO/Opticon folder structures. All productions are to be delivered in a standard delimited Concordance which includes BegAttach and EndAttach (.DAT file) fields. 9 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 (j) You are to use Your best efforts not to produce duplicatesof electronic documents maintained in different electronic locations. (k) Any and all e-mail message that has one or more attachment(s)shall be produced in a manner such that those attachments are numbered and produced immediately followingthe parent e-mail. (1) Each document image file produced shall be named with a unique Bates Number and the pages of each document contained within any production set shall be marked with consecutive Bates Numbers. When adding Bates Numbers to documents, the producing Party shall use a unique productionprefixthat does not include any spaces or any punctuationmarks, is not .. longer than six characters,and does not end with one of the following characters: Capital"D,' Capital"I," lowercase "I," Capital"0," or lowercase "o." The Bates number for each production set will be its unique productionprefixfollowed by six (6) to eight(8) numerals, beginning at 00000001 and continuingsequentially. On) Each image file should be named for its beginning production number. For example, a page produced as ABC00000001 would be produced as a TIFF image with the name ABC00000001.TIF. (n) The producing Party shall provide the following metadata, to the extent it exists and is maintained by the producing Party in the usual course ofbusiness, associated with electronic documents and e-mails: the custodian, author, recipients (TO/CC/BCC), date, e-mail subject/filename(i.e.,Re line),beginning/ending e-mail Bates, beginning/ending e-mail attachment Bates, and document type. Metadata shall be delivered in a standard delimited Concordance (.DAT) file that includes BegAttach and EndAttach fields. The producing Party is not requiredto create metadata coding for any file produced. 10 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 (o) These requests should be deemed continuing,and supplementalproductionshould be provided as additional documents become available. DOCUMENTS REQUESTED 1. All Document and Communications regardingor relating to the 1700 Lease. 2. All Documents and Communications regarding Strike X, Strike X's business, Strike X's occupancy ofthe Premises. 3. All Documents and Communications regardingor referringto the expansion of the Premises and construction of the "New Building Addition" to accommodate Strike X's bowling lanes. 4. All plans,specifications, surveys, site plans,architectural drawings,platand shop drawings, working drawings, field drawings,permit-setdrawings evidencing any redesign or of the Shopping Center. reconfiguration 5. submittals,permits and drawings related to the expansion ofthe All applications, Premises and construction of the "New BuildingAddition." 6. All Document and Communications with the buildingdepartmentrelated to the 1700 Lease and/or the expansion of the Premises and construction of the"New Building Addition." 7. All Documents and Communications regardingany work that Gulfstream planned to or did undertake in relation to the 1700 Lease. 8. All Documents and Communications regardingthe contemplated future redesign of some or all of the Shopping Center. 9. All Documents and Communications regardingyour engagement and scope of work related to the 1700 Lease, expansiono f the Premises, and/or New BuildingAddition. 11 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428 10. All Communications between You and Gulfstream and its agents regardingthe 1700 Lease, expansion of the Premises, and/or New Building Addition. 12 ZARCO EINHORN SALKOWSKI & BRITO ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428