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Filing # 151218525 E-Filed 06/09/2022 05:31:39 PM
IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
ELEVATION DEVELOPMENT II, LLC, CASE NO.: 2021-CA-001956
a Florida limited liability company,
Plaintiff,
v.
BRONSON FAMILY LIMITED,
PARTNERSHIP, a Nevada limited
liability company, et. al.,
Defendants.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT BRONSON FAMILY LIMITED PARTNERSHIP
Plaintiff, ELEVATION DEVELOPMENT II, LLC (“ELEVATION”), by and through its
undersigned counsel, pursuant to Rule 1.350 Fla. R. Civ. P., requests that Defendant, BRONSON
FAMILY LIMITED PARTNERSHIP (“BRONSON”), produce for inspection and/or
photocopying on or within thirty (30) days from the date hereof at the offices of Greenspoon
Marder LLP, 201 East Pine Street, Suite 500, Orlando, FL 32801 the documents more fully set
forth herein as follows:
I. INSTRUCTIONS
1. In your response to this First Request for Production, you are requested to provide
not only such documents as are in your possession, but also all documents as are reasonably
available, whether or not they are in your possession. In the event you are able to provide only a
portion of the documents called for by any particular request, provide all of the documents you are
able to furnish, and state the reason for your inability to provide the remainder.
2. Whenever a document is not produced in full or is produced in redacted form, so
indicate on the document and state with particularity the reason or reasons it is not being produced
in full and describe to the best of your knowledge, information, and belief, and with as much
particularity as possible, those portions of the document which are not being produced.
3. In answering each request, BRONSON is requested to furnish all information
known or available to it, regardless of whether this information is possessed directly by
BRONSON or its attorneys or agents or any affiliated, related or subsidiary company created by
or on behalf of BRONSON.
4. If any of the requests cannot be complied with in full, answer to the extent possible,
specifying the reasons for BRONSON’s inability to comply in full.
5. If you object to, or otherwise decline to respond to, any portion of a request, please
provide all the documents called for in that portion of the request to which you do not object or to
which you do not decline to respond. If you object to a request on the grounds that it is too broad
(i.e., that it calls both for documents which are relevant to the subject matter of this action and for
documents which are not relevant), please provide such documents as you consider to be relevant.
If you object to a request on the grounds that it would constitute an undue burden to provide the
documents, please provide such requested documents as can be supplied without undertaking such
undue burden. For those portions of any request to which you object or otherwise decline to
respond, state the reason for such objection or declination.
6. With respect to any document called for by this discovery request that is claimed
to be privileged, BRONSON shall identify each document by specifying its form, (e.g.,
Memorandum, Letter) nature, (e.g., writings, recordings), date, title, general subject matter, author
or preparer, addresses of recipient, indicated or blind copies, the name(s) of each person or entity
to whom or which the document or any copy or reproduction thereof was delivered, mailed, given
or in any other matter disclosed, the present custodian, and the statement of the ground or grounds
upon which each such production is considered to be privileged from production.
7. If any request is only partially answered, BRONSON should state whatever
information, knowledge or belief it does have concerning the unanswered portion.
8. Failure to respond to request to produce in good faith incompletely may result in
the imposition of sanctions upon the answering party pursuant to Rule 1.380 of the Florida Rules
of Civil Procedure.
9. In the event any document requested herein is not presently in your possession or
subject to your control, identify each person you have reason to believe had or have knowledge of
its contents.
10. In the event any document called for by a request has been destroyed or discarded,
identify the document by stating:
(1) the author, creator or addressor;
(2) the recipient or addressee of the document or blind copy of the document;
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(3) the date;
(4) the subject matter;
(5) the number of pages;
(6) attachments, appendices or exhibits;
(7) persons to whom the document was distributed, shown or explained;
(8) the date of destruction or discard;
(9) the manner of destruction or discard;
(10) the reasons for destruction or discard; and
(11) the persons authorizing or carrying out such destruction or discard.
11. If you contend that you are entitled to withhold production of any documents or
things requested herein, provide the following information with respect to such documents and
things:
the type (e.g., letter, memorandum, report);
the title or other identifying designation;
the date appearing on it, if any;
the subject matter;
the basis of or grounds for the claim of privilege or objection;
each of the Requests for Production to which it is responsive.
12. The relevant time frame for these requests is from January 1, 2018, to the present
unless otherwise stated.
II. DEFINITIONS
A. Standard Definitions.
The following definitions apply with respect to each item of the following Request, and
each of the terms defined below, when used in any Request, shall have the meaning herein given.
All terms used in the singular shall include the plural, and all terms used in the plural shall include
the singular. All terms used in one conjugation shall include other possible conjugations (e.g.,
“identify” and “identification,” “know” and “knowledge,” or “you” and “your”).
1. “Address.” The term “address” means the present or last known address, whether
a residence or business.
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2. “Any.” The term “any” means to include and encompass the words “each” and
“all.”
3. “Business Entity.” The term “business entity” means a corporation, partnership,
joint venture, business trust, professional association, limited liability company,
limited liability partnership, or sole proprietorship organized for commercial
purposes.
4. “Communication.” The term “communication” means any transmission or
transfer of information of any kind, orally, in writing, through electronic mail, or in
any other manner at any time or place, under any circumstances whatsoever.
5. “Complaint.” The term “Complaint,” unless otherwise indicated, shall refer to the
operative complaint or amended complaint filed in the court and having the case
number as appears on the style above.
6. “Copy.” The term “copy” when used in reference to a document means any color
or black-and-white facsimile reproduction of a document, regardless of whether the
facsimile reproduction is made by electronic means, carbon paper, pressure
sensitive paper, xerography or other means or process.
7. “Correspondence.” The term “correspondence” means any letter, electronic
message, notes of conversation, or any other document or thing reflecting a
communication, whether the communication is oral or written.
8. “Document.” The term “document” means the original and all copies thereof
which are different in any way from the original (whether by interlineations, receipt
stamp notations, indication of copies sent or received, or otherwise) and all attached
or annexed materials to any written, typewritten, handwritten, printed, graphic,
photographic or recorded material, as well as all computer data files, tapes, disks,
inputs or outputs, and other computer-readable records or programs, transcripts and
copies and reproductions thereof, however produced or reproduced, now or at any
time in your actual or constructive possession, custody or control. The term
“document” shall specifically include, but not be limited to, contracts, agreements,
correspondence, electronic mail (“e-mail”), telegrams, facsimiles, telexes,
memoranda, records of meetings, conferences, telephone or other communications,
pamphlets, books, notes, reports, studies, transcripts, indexes, accounting records
of any kind, charts, tabulations, lists, analyses, graphs, diagrams, estimates, minutes
(including board and committee minutes), tapes, photographs and photographic
films, sound recording tapes, phonograph records, video tapes, and records of every
kind and type, including any information formerly or presently kept by any method
of electronic data processing or magnetic tape storage medium and the printed
output of any such electronic data processing equipment or magnetically stored
information.
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9. “Evidencing.” The term “evidencing” shall be construed in its broadest sense and
shall be deemed to encompass any document or thing that directly or indirectly
describes, sets forth, constitutes, discusses, mentions, comments upon, supports,
contradicts, negates, or refers to the subject or topic in question, either in whole or
in part.
10. “Information.” The term “information” means data of any kind known or
recorded in any language, including machine or computer language, recorded
numerically, or in any form of expression.
11. “Knowledge.” The term “knowledge” means the fact or condition of knowing or
understanding gained through experience, association or observation.
12. “Notice.” The term “notice” means the condition of being warned, notified or
having knowledge.
13. “Or.” The term “or” means to be construed either disjunctively or conjunctively
so as to create the more inclusive meaning.
14. “Person.” The term “person” means any natural person or individual, any business
entity, any government or political subdivision thereof, or any governmental body,
commission, board, agency, bureau or department.
15. “Pertaining.” The term “pertaining” shall be construed in its broadest sense and
shall be deemed to encompass any document or thing that directly or indirectly
describes, sets forth, constitutes, discusses, mentions, comments upon, supports,
contradicts, negates, or refers to the subject or topic in question, either in whole or
in part.
16. “Reflecting.” The term “reflecting” shall be construed in its broadest sense and
shall be deemed to encompass any document or thing that directly or indirectly
describes, sets forth, constitutes, discusses, mentions, comments upon, supports,
contradicts, negates, or refers to the subject or topic in question, either in whole or
in part.
17. “Regarding.” The term “regarding” shall be construed in its broadest sense and
shall be deemed to encompass any document or thing that directly or indirectly
describes, sets forth, constitutes, discusses, mentions, comments upon, supports,
contradicts, negates, or refers to the subject or topic in question, either in whole or
in part.
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18. “Relating.” The term “relating” shall be construed in its broadest sense and shall
be deemed to encompass any document or thing that directly or indirectly describes,
sets forth, constitutes, discusses, mentions, comments upon, supports, contradicts,
negates, or refers to the subject or topic in question, either in whole or in part.
19. “Third party” or “third parties.” The terms third party or third parties refers to
individuals or entities that are not a party to this action.
20. “Things.” The term “things” means tangible or intangible property not otherwise
defined as a document.
21. “You.” The term “you” means the individual or business entity to whom the
Request is directed in the introductory paragraph above, or any of its officers,
employees or agents.
22. The term “BRONSON,” “Defendant" shall mean BRONSON FAMILY
LIMITED PARTNERSHIP, inclusive of Defendant’s officers, directors,
employees or agents.
23. The term "ELEVATION," “Plaintiff" shall mean ELEVATION
DEVELOPMENT II, LLC, inclusive of Plaintiff’s officers, directors, employees or
agents.
24. The term “Agreement” shall refer to the Purchase and Sale Agreement along with
all Amendments thereto (the “Agreement”) entered into between ELEVATION and
BRONSON attached as Exhibit “A” to the Complaint in this action.
25. The term “Amendments” shall refer to the Amendments to the Purchase and Sale
Agreement entered into between ELEVATION and BRONSON attached as part of
Exhibit “A” to the Amended Complaint in this action.
26. The term “Deposit” shall refer to the total sum paid by ELEVATION pursuant to
the Agreement and Amendments, which is being held in escrow by the Escrow
Agent Integrity First Title, Inc. as per the Agreement.
27. The collective terms “and” and “or” shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request our
responses that might otherwise be construed to be outside the scope.
28. The term “Subject Property” means the real property located in Osceola County,
Florida, Parcel ID Nos. 07-2629-0000-0020-0000 and 07-26-29-4470-0001-0095.
29. Using the singular form of any word includes the plural and vice versa.
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DOCUMENTS AND THINGS REQUESTED
1. Any and all correspondence sent to the Plaintiff relating to the Agreement by and between
ELEVATION and BRONSON from January 1, 2019 to present.
2. Any and all notes or other records created and/or maintained by BRONSON relating to any
communications with the Plaintiff, including but not limited to, telephone logs.
3. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents by and between BRONSON and Plaintiff from January 1, 2019, to
the present relating or pertaining to the negotiations for purchase and sale of the subject
property, the subject property, the Agreement and/or the Amendments and/or the
performance of ELEVATION’s obligations under the Agreement.
4. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents by and between BRONSON and/or DAVID A. BRONSON from
January 1, 2019, to the present relating or pertaining to the negotiations for purchase and
sale of the subject property, the subject property, the Agreement and/or the Amendments
and/or the performance of ELEVATION’s obligations under the Agreement.
5. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents by and between BRONSON and/or LINDA A. BRONSON from
January 1, 2019, to the present relating or pertaining to the negotiations for purchase and
sale of the subject property, the subject property, the Agreement and/or the Amendments
and/or the performance of ELEVATION’s obligations under the Agreement.
6. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents by and between BRONSON and/or MICHAEL A. BRONSON from
January 1, 2019, to the present relating or pertaining to the negotiations for purchase and
sale of the subject property, the subject property, the Agreement and/or the Amendments
and/or the performance of ELEVATION’s obligations under the Agreement.
7. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents by and between BRONSON and/or ELEVATION from January 1,
2019, to the present relation or pertaining to ELEVATION, the subject property and/or the
performance of ELEVATION’s obligations under the Agreement.
8. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents by and between BRONSON and/or DAVID A. BRONSON from
January 1, 2019, to the present relating or pertaining to BRONSON’s authority to enter
into an agreement for purchase and sale of the subject property.
9. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents by and between BRONSON and/or LINDA A. BRONSON from
January 1, 2019, to the present relating or pertaining to BRONSON’s authority to enter
into an agreement for purchase and sale of the subject property.
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10. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents by and between BRONSON and/or MICHAEL A. BRONSON from
January 1, 2019, to the present relating or pertaining to BRONSON’s authority to enter
into an agreement for purchase and sale of the subject property.
11. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents by and between BRONSON and/or ELEVATION from January 1,
2019, to the present relation or pertaining to BRONSON’s authority to enter into the
Agreement for purchase and sale of the subject property with ELEVATION.
12. All drafts, revisions and versions of the Agreement.
13. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents containing, regarding or referring to any and all drafts of the
Agreement.
14. All drafts, revisions and versions of the Amendments to the Agreement
15. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents containing, regarding or referring to any and all drafts of the
Amendments to the Agreement.
16. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like regarding or relating to any discussion, communications, proposal or negotiation
between the Plaintiff and the Defendant about how the Deposit would be distributed under
the Contract.
17. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like regarding or relating to any understanding between the Plaintiff and the
Defendant about how the Deposit would be distributed under the Agreement.
18. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like regarding or relating to any agreement between the Plaintiff and the Defendant
about how the Deposit would be distributed under the Agreement, including but not limited
to any condition(s) precedent required to be performed on or before the closing of the sale
of the subject property.
19. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like regarding or relating to any discussion, communications, proposal or negotiation
between the Plaintiff and the Defendant about extending the June 20, 2021 closing deadline
detailed in the Seventh Amendment to the Agreement.
20. All due diligence materials regarding the subject property.
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21. Any plats, site plans, master plan maps, building plans, sketches, photographs, drawings
and/or surveys of the subject property, or any portion thereof.
22. All title search reports, title insurance commitments, and title insurance policies
referencing or referring to the subject property.
23. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like regarding or relating to the commitment to issue a title insurance policy by and
between BRONSON and Fidelity National Title Insurance Company referencing or
referring to the subject property.
24. All documents relating to the issuance of a title insurance commitment by Fidelity National
Title Insurance Company referencing or referring to the subject property.
25. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like regarding or relating to the commitment to issue a title insurance policy by and
between BRONSON and any Title Insurance Company referencing or referring to the
subject property.
26. All feasibility studies, financing applications, financial projections, plans and inspection
reports regarding the subject property.
27. Copies of all leases and agreements relating to the property, if any, in force as of January
1, 2019 to present.
28. Any and all documents showing, evidencing, supporting or relating to your allegation in
Paragraph 18 of the Counterclaim that: “the unrelated litigation does not cloud title to the
property,” and that “Bronson Family L.P. could deliver marketable title and adhered to all
representations made in the Purchase and Sale Agreement.”
29. Any and all documents showing, evidencing, supporting or relating to your allegation in
Paragraph 24 of the Counterclaim that: “Elevation was not ready, willing and able to close
on the Purchase and Sale Agreement in the time allotted in the purchase and Sale
Agreement.”
30. Any and all documents showing, evidencing, supporting or relating to your allegation in
Paragraph 35 of the Counterclaim that: “Elevation’s behavior has proximately caused the
Bronson Family L.P. to suffer damages as a result of the Amended Notice of Lis Pendens.”
31. Any and all documents relating to the David Bronson Litigation as defined in the action
Case No. 2019-CA-002232 pending in Osceola County, Florida.
32. Any and all documents showing, evidencing, supporting or relating to any other allegations
set forth in the Counterclaim.
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33. Any and all documents showing, evidencing, supporting or relating to any affirmative
defense(s) to the Plaintiff’s Amended Complaint.
34. Any and all documents showing, evidencing, supporting or relating to each of your denials
of the allegations in the Plaintiff’s Amended Complaint.
35. Any and all statements taken of any person relating to the claims in this action.
36. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents related to any contract or agreement between BRONSON and any
person, to purchase the subject property from January 1, 2019, to the present.
37. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents related to any contract or agreement between DAVID A. BRONSON
and any person, to purchase the subject property from January 1, 2019, to the present.
38. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents related to any contract or agreement between LINDA A. BRONSON
and any person, to purchase the subject property from January 1, 2019, to the present.
39. The original or a true and correct copy of any and all correspondence, letters, e-mails or
other like documents related to any contract or agreement between MICHAEL A.
BRONSON and any person, to purchase the subject property from January 1, 2019, to the
present.
40. Any contract or agreement between BRONSON and any person or entity, to purchase the
subject property from June 20, 2021 to present.
41. Originals and copies of all items and documents which you, your attorney or any
representative of yours intend on using, whether admitted into evidence or not, during any
deposition or during the trial of this action.
DATED this 9th day of June, 2022.
Respectfully submitted,
GREENSPOON MARDER LLP
Attorneys for Defendant/Counter-Plaintiff
201 East Pine Street, Suite 500
Orlando, FL 32801
Phone: 407-425-6559
Fax: 407-563-9665
E-mail: edmund.loos@gmlaw.com
E-mail: patrick.hennessey@gmlaw.com
E-mail 2: tami.austin@gmlaw.com
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E-mail 2: eric.cruz@gmlaw.com
E-mail 3: chad.tamaroff@gmlaw.com
E-mail 3: agatha.mctier@gmlaw.com
By: /s/ Edmund O. Loos III
EDMUND O. LOOS, III, Esq.
Florida Bar No.: 899161
PATRICK J. HENNESSEY JR, Esq.
Florida Bar No.: 0106964
CHAD J. TAMAROFF, ESQ.
Florida Bar No. 163368
Counsel for Plaintiff ELEVATION
DEVELOPMENT II, LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 9, 2022, I electronically filed the foregoing document
with the Clerk of Court by using the Florida Court’s E-Filing Portal, which will send an electronic
notification of this filing along with a true and correct copy of the foregoing to all counsel of
record.
By: /s/ Edmund O. Loos III
EDMUND O. LOOS, III, Esq.
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Preview
Filing # 151218525 E-Filed 06/09/2022 05:31:39 PM IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ELEVATION DEVELOPMENT II, LLC, CASE NO.: 2021-CA-001956 a Florida limited liability company, Plaintiff, v. BRONSON FAMILY LIMITED, PARTNERSHIP, a Nevada limited liability company, et. al., Defendants. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT BRONSON FAMILY LIMITED PARTNERSHIP Plaintiff, ELEVATION DEVELOPMENT II, LLC (“ELEVATION”), by and through its undersigned counsel, pursuant to Rule 1.350 Fla. R. Civ. P., requests that Defendant, BRONSON FAMILY LIMITED PARTNERSHIP (“BRONSON”), produce for inspection and/or photocopying on or within thirty (30) days from the date hereof at the offices of Greenspoon Marder LLP, 201 East Pine Street, Suite 500, Orlando, FL 32801 the documents more fully set forth herein as follows: I. INSTRUCTIONS 1. In your response to this First Request for Production, you are requested to provide not only such documents as are in your possession, but also all documents as are reasonably available, whether or not they are in your possession. In the event you are able to provide only a portion of the documents called for by any particular request, provide all of the documents you are able to furnish, and state the reason for your inability to provide the remainder. 2. Whenever a document is not produced in full or is produced in redacted form, so indicate on the document and state with particularity the reason or reasons it is not being produced in full and describe to the best of your knowledge, information, and belief, and with as much particularity as possible, those portions of the document which are not being produced. 3. In answering each request, BRONSON is requested to furnish all information known or available to it, regardless of whether this information is possessed directly by BRONSON or its attorneys or agents or any affiliated, related or subsidiary company created by or on behalf of BRONSON. 4. If any of the requests cannot be complied with in full, answer to the extent possible, specifying the reasons for BRONSON’s inability to comply in full. 5. If you object to, or otherwise decline to respond to, any portion of a request, please provide all the documents called for in that portion of the request to which you do not object or to which you do not decline to respond. If you object to a request on the grounds that it is too broad (i.e., that it calls both for documents which are relevant to the subject matter of this action and for documents which are not relevant), please provide such documents as you consider to be relevant. If you object to a request on the grounds that it would constitute an undue burden to provide the documents, please provide such requested documents as can be supplied without undertaking such undue burden. For those portions of any request to which you object or otherwise decline to respond, state the reason for such objection or declination. 6. With respect to any document called for by this discovery request that is claimed to be privileged, BRONSON shall identify each document by specifying its form, (e.g., Memorandum, Letter) nature, (e.g., writings, recordings), date, title, general subject matter, author or preparer, addresses of recipient, indicated or blind copies, the name(s) of each person or entity to whom or which the document or any copy or reproduction thereof was delivered, mailed, given or in any other matter disclosed, the present custodian, and the statement of the ground or grounds upon which each such production is considered to be privileged from production. 7. If any request is only partially answered, BRONSON should state whatever information, knowledge or belief it does have concerning the unanswered portion. 8. Failure to respond to request to produce in good faith incompletely may result in the imposition of sanctions upon the answering party pursuant to Rule 1.380 of the Florida Rules of Civil Procedure. 9. In the event any document requested herein is not presently in your possession or subject to your control, identify each person you have reason to believe had or have knowledge of its contents. 10. In the event any document called for by a request has been destroyed or discarded, identify the document by stating: (1) the author, creator or addressor; (2) the recipient or addressee of the document or blind copy of the document; 2 (3) the date; (4) the subject matter; (5) the number of pages; (6) attachments, appendices or exhibits; (7) persons to whom the document was distributed, shown or explained; (8) the date of destruction or discard; (9) the manner of destruction or discard; (10) the reasons for destruction or discard; and (11) the persons authorizing or carrying out such destruction or discard. 11. If you contend that you are entitled to withhold production of any documents or things requested herein, provide the following information with respect to such documents and things: the type (e.g., letter, memorandum, report); the title or other identifying designation; the date appearing on it, if any; the subject matter; the basis of or grounds for the claim of privilege or objection; each of the Requests for Production to which it is responsive. 12. The relevant time frame for these requests is from January 1, 2018, to the present unless otherwise stated. II. DEFINITIONS A. Standard Definitions. The following definitions apply with respect to each item of the following Request, and each of the terms defined below, when used in any Request, shall have the meaning herein given. All terms used in the singular shall include the plural, and all terms used in the plural shall include the singular. All terms used in one conjugation shall include other possible conjugations (e.g., “identify” and “identification,” “know” and “knowledge,” or “you” and “your”). 1. “Address.” The term “address” means the present or last known address, whether a residence or business. 3 2. “Any.” The term “any” means to include and encompass the words “each” and “all.” 3. “Business Entity.” The term “business entity” means a corporation, partnership, joint venture, business trust, professional association, limited liability company, limited liability partnership, or sole proprietorship organized for commercial purposes. 4. “Communication.” The term “communication” means any transmission or transfer of information of any kind, orally, in writing, through electronic mail, or in any other manner at any time or place, under any circumstances whatsoever. 5. “Complaint.” The term “Complaint,” unless otherwise indicated, shall refer to the operative complaint or amended complaint filed in the court and having the case number as appears on the style above. 6. “Copy.” The term “copy” when used in reference to a document means any color or black-and-white facsimile reproduction of a document, regardless of whether the facsimile reproduction is made by electronic means, carbon paper, pressure sensitive paper, xerography or other means or process. 7. “Correspondence.” The term “correspondence” means any letter, electronic message, notes of conversation, or any other document or thing reflecting a communication, whether the communication is oral or written. 8. “Document.” The term “document” means the original and all copies thereof which are different in any way from the original (whether by interlineations, receipt stamp notations, indication of copies sent or received, or otherwise) and all attached or annexed materials to any written, typewritten, handwritten, printed, graphic, photographic or recorded material, as well as all computer data files, tapes, disks, inputs or outputs, and other computer-readable records or programs, transcripts and copies and reproductions thereof, however produced or reproduced, now or at any time in your actual or constructive possession, custody or control. The term “document” shall specifically include, but not be limited to, contracts, agreements, correspondence, electronic mail (“e-mail”), telegrams, facsimiles, telexes, memoranda, records of meetings, conferences, telephone or other communications, pamphlets, books, notes, reports, studies, transcripts, indexes, accounting records of any kind, charts, tabulations, lists, analyses, graphs, diagrams, estimates, minutes (including board and committee minutes), tapes, photographs and photographic films, sound recording tapes, phonograph records, video tapes, and records of every kind and type, including any information formerly or presently kept by any method of electronic data processing or magnetic tape storage medium and the printed output of any such electronic data processing equipment or magnetically stored information. 4 9. “Evidencing.” The term “evidencing” shall be construed in its broadest sense and shall be deemed to encompass any document or thing that directly or indirectly describes, sets forth, constitutes, discusses, mentions, comments upon, supports, contradicts, negates, or refers to the subject or topic in question, either in whole or in part. 10. “Information.” The term “information” means data of any kind known or recorded in any language, including machine or computer language, recorded numerically, or in any form of expression. 11. “Knowledge.” The term “knowledge” means the fact or condition of knowing or understanding gained through experience, association or observation. 12. “Notice.” The term “notice” means the condition of being warned, notified or having knowledge. 13. “Or.” The term “or” means to be construed either disjunctively or conjunctively so as to create the more inclusive meaning. 14. “Person.” The term “person” means any natural person or individual, any business entity, any government or political subdivision thereof, or any governmental body, commission, board, agency, bureau or department. 15. “Pertaining.” The term “pertaining” shall be construed in its broadest sense and shall be deemed to encompass any document or thing that directly or indirectly describes, sets forth, constitutes, discusses, mentions, comments upon, supports, contradicts, negates, or refers to the subject or topic in question, either in whole or in part. 16. “Reflecting.” The term “reflecting” shall be construed in its broadest sense and shall be deemed to encompass any document or thing that directly or indirectly describes, sets forth, constitutes, discusses, mentions, comments upon, supports, contradicts, negates, or refers to the subject or topic in question, either in whole or in part. 17. “Regarding.” The term “regarding” shall be construed in its broadest sense and shall be deemed to encompass any document or thing that directly or indirectly describes, sets forth, constitutes, discusses, mentions, comments upon, supports, contradicts, negates, or refers to the subject or topic in question, either in whole or in part. 5 18. “Relating.” The term “relating” shall be construed in its broadest sense and shall be deemed to encompass any document or thing that directly or indirectly describes, sets forth, constitutes, discusses, mentions, comments upon, supports, contradicts, negates, or refers to the subject or topic in question, either in whole or in part. 19. “Third party” or “third parties.” The terms third party or third parties refers to individuals or entities that are not a party to this action. 20. “Things.” The term “things” means tangible or intangible property not otherwise defined as a document. 21. “You.” The term “you” means the individual or business entity to whom the Request is directed in the introductory paragraph above, or any of its officers, employees or agents. 22. The term “BRONSON,” “Defendant" shall mean BRONSON FAMILY LIMITED PARTNERSHIP, inclusive of Defendant’s officers, directors, employees or agents. 23. The term "ELEVATION," “Plaintiff" shall mean ELEVATION DEVELOPMENT II, LLC, inclusive of Plaintiff’s officers, directors, employees or agents. 24. The term “Agreement” shall refer to the Purchase and Sale Agreement along with all Amendments thereto (the “Agreement”) entered into between ELEVATION and BRONSON attached as Exhibit “A” to the Complaint in this action. 25. The term “Amendments” shall refer to the Amendments to the Purchase and Sale Agreement entered into between ELEVATION and BRONSON attached as part of Exhibit “A” to the Amended Complaint in this action. 26. The term “Deposit” shall refer to the total sum paid by ELEVATION pursuant to the Agreement and Amendments, which is being held in escrow by the Escrow Agent Integrity First Title, Inc. as per the Agreement. 27. The collective terms “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request our responses that might otherwise be construed to be outside the scope. 28. The term “Subject Property” means the real property located in Osceola County, Florida, Parcel ID Nos. 07-2629-0000-0020-0000 and 07-26-29-4470-0001-0095. 29. Using the singular form of any word includes the plural and vice versa. 6 DOCUMENTS AND THINGS REQUESTED 1. Any and all correspondence sent to the Plaintiff relating to the Agreement by and between ELEVATION and BRONSON from January 1, 2019 to present. 2. Any and all notes or other records created and/or maintained by BRONSON relating to any communications with the Plaintiff, including but not limited to, telephone logs. 3. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents by and between BRONSON and Plaintiff from January 1, 2019, to the present relating or pertaining to the negotiations for purchase and sale of the subject property, the subject property, the Agreement and/or the Amendments and/or the performance of ELEVATION’s obligations under the Agreement. 4. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents by and between BRONSON and/or DAVID A. BRONSON from January 1, 2019, to the present relating or pertaining to the negotiations for purchase and sale of the subject property, the subject property, the Agreement and/or the Amendments and/or the performance of ELEVATION’s obligations under the Agreement. 5. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents by and between BRONSON and/or LINDA A. BRONSON from January 1, 2019, to the present relating or pertaining to the negotiations for purchase and sale of the subject property, the subject property, the Agreement and/or the Amendments and/or the performance of ELEVATION’s obligations under the Agreement. 6. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents by and between BRONSON and/or MICHAEL A. BRONSON from January 1, 2019, to the present relating or pertaining to the negotiations for purchase and sale of the subject property, the subject property, the Agreement and/or the Amendments and/or the performance of ELEVATION’s obligations under the Agreement. 7. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents by and between BRONSON and/or ELEVATION from January 1, 2019, to the present relation or pertaining to ELEVATION, the subject property and/or the performance of ELEVATION’s obligations under the Agreement. 8. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents by and between BRONSON and/or DAVID A. BRONSON from January 1, 2019, to the present relating or pertaining to BRONSON’s authority to enter into an agreement for purchase and sale of the subject property. 9. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents by and between BRONSON and/or LINDA A. BRONSON from January 1, 2019, to the present relating or pertaining to BRONSON’s authority to enter into an agreement for purchase and sale of the subject property. 7 10. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents by and between BRONSON and/or MICHAEL A. BRONSON from January 1, 2019, to the present relating or pertaining to BRONSON’s authority to enter into an agreement for purchase and sale of the subject property. 11. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents by and between BRONSON and/or ELEVATION from January 1, 2019, to the present relation or pertaining to BRONSON’s authority to enter into the Agreement for purchase and sale of the subject property with ELEVATION. 12. All drafts, revisions and versions of the Agreement. 13. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents containing, regarding or referring to any and all drafts of the Agreement. 14. All drafts, revisions and versions of the Amendments to the Agreement 15. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents containing, regarding or referring to any and all drafts of the Amendments to the Agreement. 16. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like regarding or relating to any discussion, communications, proposal or negotiation between the Plaintiff and the Defendant about how the Deposit would be distributed under the Contract. 17. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like regarding or relating to any understanding between the Plaintiff and the Defendant about how the Deposit would be distributed under the Agreement. 18. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like regarding or relating to any agreement between the Plaintiff and the Defendant about how the Deposit would be distributed under the Agreement, including but not limited to any condition(s) precedent required to be performed on or before the closing of the sale of the subject property. 19. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like regarding or relating to any discussion, communications, proposal or negotiation between the Plaintiff and the Defendant about extending the June 20, 2021 closing deadline detailed in the Seventh Amendment to the Agreement. 20. All due diligence materials regarding the subject property. 8 21. Any plats, site plans, master plan maps, building plans, sketches, photographs, drawings and/or surveys of the subject property, or any portion thereof. 22. All title search reports, title insurance commitments, and title insurance policies referencing or referring to the subject property. 23. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like regarding or relating to the commitment to issue a title insurance policy by and between BRONSON and Fidelity National Title Insurance Company referencing or referring to the subject property. 24. All documents relating to the issuance of a title insurance commitment by Fidelity National Title Insurance Company referencing or referring to the subject property. 25. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like regarding or relating to the commitment to issue a title insurance policy by and between BRONSON and any Title Insurance Company referencing or referring to the subject property. 26. All feasibility studies, financing applications, financial projections, plans and inspection reports regarding the subject property. 27. Copies of all leases and agreements relating to the property, if any, in force as of January 1, 2019 to present. 28. Any and all documents showing, evidencing, supporting or relating to your allegation in Paragraph 18 of the Counterclaim that: “the unrelated litigation does not cloud title to the property,” and that “Bronson Family L.P. could deliver marketable title and adhered to all representations made in the Purchase and Sale Agreement.” 29. Any and all documents showing, evidencing, supporting or relating to your allegation in Paragraph 24 of the Counterclaim that: “Elevation was not ready, willing and able to close on the Purchase and Sale Agreement in the time allotted in the purchase and Sale Agreement.” 30. Any and all documents showing, evidencing, supporting or relating to your allegation in Paragraph 35 of the Counterclaim that: “Elevation’s behavior has proximately caused the Bronson Family L.P. to suffer damages as a result of the Amended Notice of Lis Pendens.” 31. Any and all documents relating to the David Bronson Litigation as defined in the action Case No. 2019-CA-002232 pending in Osceola County, Florida. 32. Any and all documents showing, evidencing, supporting or relating to any other allegations set forth in the Counterclaim. 9 33. Any and all documents showing, evidencing, supporting or relating to any affirmative defense(s) to the Plaintiff’s Amended Complaint. 34. Any and all documents showing, evidencing, supporting or relating to each of your denials of the allegations in the Plaintiff’s Amended Complaint. 35. Any and all statements taken of any person relating to the claims in this action. 36. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents related to any contract or agreement between BRONSON and any person, to purchase the subject property from January 1, 2019, to the present. 37. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents related to any contract or agreement between DAVID A. BRONSON and any person, to purchase the subject property from January 1, 2019, to the present. 38. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents related to any contract or agreement between LINDA A. BRONSON and any person, to purchase the subject property from January 1, 2019, to the present. 39. The original or a true and correct copy of any and all correspondence, letters, e-mails or other like documents related to any contract or agreement between MICHAEL A. BRONSON and any person, to purchase the subject property from January 1, 2019, to the present. 40. Any contract or agreement between BRONSON and any person or entity, to purchase the subject property from June 20, 2021 to present. 41. Originals and copies of all items and documents which you, your attorney or any representative of yours intend on using, whether admitted into evidence or not, during any deposition or during the trial of this action. DATED this 9th day of June, 2022. Respectfully submitted, GREENSPOON MARDER LLP Attorneys for Defendant/Counter-Plaintiff 201 East Pine Street, Suite 500 Orlando, FL 32801 Phone: 407-425-6559 Fax: 407-563-9665 E-mail: edmund.loos@gmlaw.com E-mail: patrick.hennessey@gmlaw.com E-mail 2: tami.austin@gmlaw.com 10 E-mail 2: eric.cruz@gmlaw.com E-mail 3: chad.tamaroff@gmlaw.com E-mail 3: agatha.mctier@gmlaw.com By: /s/ Edmund O. Loos III EDMUND O. LOOS, III, Esq. Florida Bar No.: 899161 PATRICK J. HENNESSEY JR, Esq. Florida Bar No.: 0106964 CHAD J. TAMAROFF, ESQ. Florida Bar No. 163368 Counsel for Plaintiff ELEVATION DEVELOPMENT II, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 9, 2022, I electronically filed the foregoing document with the Clerk of Court by using the Florida Court’s E-Filing Portal, which will send an electronic notification of this filing along with a true and correct copy of the foregoing to all counsel of record. By: /s/ Edmund O. Loos III EDMUND O. LOOS, III, Esq. 11