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Filing # 182833407 E-Filed 09/28/2023 03:25:22 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
T.S.W. RESIDENTIAL AND
COMMERCIAL SERVICES, INC. Case No.: 2023-CA-004384-NC
d/b/a LEGACY BUILDERS ON THE
WEST COAST, Division A
Plaintiff,
vs.
JOHN HABBERT AND HELEN HABBERT
Defendants.
_____________________________________/
DEFENDANTS’ FIRST REQUEST FOR PRODUCTION
TO PLAINTIFF LEGACY BUILDERS ON THE WEST COAST
Defendants, JOHN HABBERT AND HELEN HABBERT, (“Defendants” or “Habbert”)
by and through their undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, requests Plaintiff,
T.S.W. RESIDENTIAL AND COMMERCIAL SERVICES, INC., d/b/a/ LEGACY BUILDERS
ON THE WEST COAST, (“Plaintiff” or “Legacy”), to produce for inspection and/or copying the
following listed items or category of items in its immediate or constructive possession or control
at the offices of Tannenbaum Lemole & Hill, 614 S. Tamiami Trail, Osprey, FL 34229,
jlemole@tlhlegal.com; dsmall@tlhlegal.com; paralegal@tlhlegal.com, within thirty (30) days
after service of this request.
DEFINITIONS
1. As used in these requests, the words, “Plaintiff,” “Legacy”, “Your”, and “You”,
shall mean LEGACY BUILDERS ON THE WEST COAST and include each of its employees,
agents, contractors, representatives (including attorneys) and all other persons acting or purporting
to act on behalf of Legacy.
Filed 09/28/2023 05:01 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
2. “Defendants” or “Habbert” shall refer to the Defendants, JOHN HABBERT AND
HELEN HABBERT, their attorneys, representatives, assigns, agents, predecessors, successors,
and all persons acting on its behalf.
3. The “Property” or “Project” shall mean the construction of the single-family home
at 1670 Devonshire Lane, Sarasota, FL 34236.
4. "Document" shall mean any written, printed, typed or photographed, material, or
other demonstrative material, however produced or reproduced, of any kind or description,
whether or not sent or received, including originals, copies and drafts and both sides thereof in
your possession, custody or control, or of which you have knowledge. The term, includes but is
not limited to, originals when available or otherwise a carbon copy, photocopy or other copy,
including each non-identical copy (whether different from the original because of marginal notes
or other material incited therein or attached thereto, or otherwise) of each item of papers, books,
letters, correspondence, telegrams, computer programs, source codes, object codes, specifications,
computer print-outs, data processing outputs, flow charts, program structure charts, bulletins,
reports, notices, announcements, instructions, orders, confirmations, charts, manuals, photographs,
sketches, plans, periodicals, publications, brochures, pamphlets, schedules, cables, telex messages,
memoranda, notes, notations, accounts, working paper, financial statements, invoices, returns,
accounts, ledgers, checks, check stubs, drafts, indexes, data sheets, commercial paper, wires,
transcripts, minutes, agendas, affidavits, statements, summaries, opinions, reports, surveys,
studies, work papers, analysis, evaluations, printings, graphs, charts, tables, prospectuses,
tabulations, compilations, lists, diagrams, contracts, offers agreements, journals, statistical records,
desk calendars, appointment books, diaries, studies, sound recordings, recording disks or other
records of oral communications, films, microfilms, microfiche, slides, other records kept by
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electronic, photographic or mechanical means, and things similar to any of the foregoing, and any
other materials discoverable under Rule 1.350 of the Florida Rules of Civil Procedure, including
Electrical Data and Records/Storage Media. Moreover, the term "document" includes reports and
records of telephonic or other meetings or graphic matter or other means of preserving thought or
expression, and all tangible things from which information can be processed or transcribed,
including, but not limited to correspondence, memoranda, notes, messages, letters, telegrams,
teletype messages, bulletins, diaries, chronological data, minutes, books, reports charts, ledgers,
invoices, worksheets, receipts, computer printouts, schedules, affidavits, contracts, transcripts,
surveys, graphic representations of any kind, photographs, graphs, microfilm, videotapes, tape
records, motion pictures or other films and other data compilations from which information can be
obtained, translated if necessary, by the respondent through detection devices into reasonably
usable form.
5. “Correspondence” shall mean any letter, telegram, telex, notice, message, email,
memorandum, text-message, instant message or other written communication or transcription or
the notes of any communication.
6. “Communications” shall refer to and shall include without limitation and in the
singular as well as the plural, all conversations, telephone conversations, statements, discussions,
negotiations, debates, arguments, discourses, colloquies, interviews, consultations, and every type
of written or verbal utterances.
7. As used herein, the singular and masculine form of nouns and pronouns shall
embrace and be read and applied as the plural or feminine or neuter, as circumstances may make
appropriate.
8. “Person” or “persons” mean and refer to all entities, including without limiting the
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generality of the foregoing, individuals, associations, companies, partnerships, joint ventures and
corporations.
9. “Electronic Data and Records/Storage Media” shall mean:
(a) all digital or analog electronic files, including deleted files and file
fragments, stored in machine-readable format on magnetic, optical or other storage media,
including the hard drives or floppy discs used on commuter and their backup media (e.g.,
other hard drives, backup tapes, floppies, JAZ cartridges, CD-ROM's) or otherwise,
whether such files have been reduced to paper printouts or not;
(b) all e-mails, sent and received, internal and external;
(c) all word-processed files, including drafts and revisions;
(d) all spreadsheets, including drafts and revisions;
(e) all databases;
(f) source codes;
(g) object codes;
(h) all CAD (computer aided design) files (such as Microsoft Power Point);
(i) all graphs;
(j) charts;
(k) other data produced by project management software (such as Microsoft
Project);
(I) all data generated by calendaring, task management and Personal
Information Management (PIM) software (such as Microsoft Outlook or Lotus Notes);
(m) all data generated with the use of Personal Data Assistants (PDAs), such as
Palm Pilot, HP Jomanda, Cassiopeia or other Windows CE-based or Pocket PC devices;
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(n) all data created with the use of document management software;
(o) all data created with the use of paper and electronic mail logging and routing
software;
(p) all Internet and Web-browser-generated history files, caches and “cookies”
files generated at the workstation of each employee and/or agent in your client's employ
and on any and all backup storage media; and any and all other files generated by users
through the use of computers and/or telecommunications, including but not limited to voice
mail.
(q) all logs of network use by employees or otherwise, whether kept in paper or
electronic form;
(r) All copies of backup tapes and the software necessary to reconstruct the
data on these tapes, so that there can be made a complete, bit-by-bit “mirror” evidentiary
image copy of the storage media of each and every personal computer (and/or workstation)
and network server in your control and custody, as well as image copies of all hard drives
retained by you and no longer in services but in use at any time from January 2003 to
present.
(s) passwords;
(t) decryption procedures (including, if necessary, the software to decrypt the
files);
(u) network access codes ID names;
(v) manuals;
(w) tutorials;
(x) written instructions;
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(y) decompression or reconstruction software; and
(z) all documents and information about documents containing backup and/or archive
policy and/or procedure, document retention policy, names of backup and/or archive software,
names and addresses of any offsite storage provider.
10. To “identify” a document shall mean to:
(a) state its customary business description;
(b) state its number (if any) (e.g., invoice or purchase order number);
(c) state its date;
(d) identify the addressee(s) or sender(s)(if any);
(e) identify the addressee(s) or recipient(s) (if any), including all persons
provided with copies;
(f) identify the custodian of such document;
(g) identify all persons that possess have custody or, have control over such
document or any copy thereof;
(h) state the substance of the subject matter of each such documents.
11. If you are requested to identify a conversation, you must provide who was present
for the conversation, what was said, where the conversation took place and when it took place.
12. “Describe with particularity” or “describe with specificity” means to set forth fully
each and every fact relating to the answer, including the date, time, place, subject matter and
identities of all witnesses and participants, and to describe in detail and with precision all relevant
facts, conversations, discussions, and other activities and events, and to identity the sources of the
allegations or contention, including any documents which indirectly or directly support the
allegation or contention, and set forth and explain the nature of the relevant facts on which you
rely for your knowledge and/or belief.
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INSTRUCTIONS
If any document herein requested was formerly in the possession, custody, or control of
the aforesaid party and has been transferred, lost, or destroyed, Legacy shall submit in lieu of each
document a written statement which:
(a) Describes in detail the nature of the document and its contents;
(b) Identifies the person who prepared or offered the document, and if applicable, the
person to whom the document was sent;
(c) Specifies the date on which the document was prepared;
(d) Specifies, if possible, the date on which the document was lost or destroyed, the
conditions or reasons for such destruction and the persons requesting and performing the
destruction; and
(e) If the document otherwise required to be produced by this request is withheld,
Legacy shall identify the document by stating its date, author, recipients, and any asserted privilege
and/or reasons for withholding the document.
If any production of any request is unduly burdensome or costly, Defendants will provide
the necessary personnel to reproduce the requested documents and/or reimburse Legacy for any
reasonable copying charges or postage charges associated with production of the requested
documents.
DOCUMENTS REQUESTED
1. All documents which form the entire written contract between the parties.
2. All change orders prepared for the project, whether signed or unsigned.
3. All payment or draw applications for the project.
4. All of your invoices to Habbert relating to the project.
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5. All architect, engineer, subcontractor, supplier or other vendor invoices for the project.
6. All lien releases for the project.
7. All plans, drawings and specifications for the project including, but not limited to, concept
plans, drafts, revisions, final plans, record drawings and as-built plans.
8. All job notes, progress notes, or other memoranda of work performed or to be performed
on the project.
9. All notes, shop drawings or other memoranda relating to the project.
10. All documents relating to delay time calculations for the project.
11. All correspondence and emails with the City of Sarasota relating to the project.
12. All correspondence, emails and text messages between you and any consultant, design
professional, subcontractor or materials supplier relating to the project.
13. All emails, text messages or any other messaging service communications between you
and any of your employees, project managers, project superintendents, in-house designers,
or accounting personnel relating to the project.
14. Your certificates or other statements of substantial completion of the work, and all drafts
thereof.
15. All complaints, notices, or other correspondence from adjacent lot owners regarding the
work on the project.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
the Florida E-filing Portal to all counsel of record listed therein on this 28th day of September,
2023.
TANNENBAUM LEMOLE
& HILL
614 S. Tamiami Trail
Osprey, FL 34229
Telephone: (941) 316-0111
Facsimile: (941) 316-0515
Attorneys for Defendants
/s/ Jon E. Lemole
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Jon E. Lemole, Esq.
Florida Bar No.: 1000372
Destinee C. Small
Florida Bar No.: 1036554
jlemole@tlhlegal.com
dsmall@tlhlegal.com
Secondary: paralegal@tlhlegal.com
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Preview
Filing # 182833407 E-Filed 09/28/2023 03:25:22 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA T.S.W. RESIDENTIAL AND COMMERCIAL SERVICES, INC. Case No.: 2023-CA-004384-NC d/b/a LEGACY BUILDERS ON THE WEST COAST, Division A Plaintiff, vs. JOHN HABBERT AND HELEN HABBERT Defendants. _____________________________________/ DEFENDANTS’ FIRST REQUEST FOR PRODUCTION TO PLAINTIFF LEGACY BUILDERS ON THE WEST COAST Defendants, JOHN HABBERT AND HELEN HABBERT, (“Defendants” or “Habbert”) by and through their undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, requests Plaintiff, T.S.W. RESIDENTIAL AND COMMERCIAL SERVICES, INC., d/b/a/ LEGACY BUILDERS ON THE WEST COAST, (“Plaintiff” or “Legacy”), to produce for inspection and/or copying the following listed items or category of items in its immediate or constructive possession or control at the offices of Tannenbaum Lemole & Hill, 614 S. Tamiami Trail, Osprey, FL 34229, jlemole@tlhlegal.com; dsmall@tlhlegal.com; paralegal@tlhlegal.com, within thirty (30) days after service of this request. DEFINITIONS 1. As used in these requests, the words, “Plaintiff,” “Legacy”, “Your”, and “You”, shall mean LEGACY BUILDERS ON THE WEST COAST and include each of its employees, agents, contractors, representatives (including attorneys) and all other persons acting or purporting to act on behalf of Legacy. Filed 09/28/2023 05:01 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL 2. “Defendants” or “Habbert” shall refer to the Defendants, JOHN HABBERT AND HELEN HABBERT, their attorneys, representatives, assigns, agents, predecessors, successors, and all persons acting on its behalf. 3. The “Property” or “Project” shall mean the construction of the single-family home at 1670 Devonshire Lane, Sarasota, FL 34236. 4. "Document" shall mean any written, printed, typed or photographed, material, or other demonstrative material, however produced or reproduced, of any kind or description, whether or not sent or received, including originals, copies and drafts and both sides thereof in your possession, custody or control, or of which you have knowledge. The term, includes but is not limited to, originals when available or otherwise a carbon copy, photocopy or other copy, including each non-identical copy (whether different from the original because of marginal notes or other material incited therein or attached thereto, or otherwise) of each item of papers, books, letters, correspondence, telegrams, computer programs, source codes, object codes, specifications, computer print-outs, data processing outputs, flow charts, program structure charts, bulletins, reports, notices, announcements, instructions, orders, confirmations, charts, manuals, photographs, sketches, plans, periodicals, publications, brochures, pamphlets, schedules, cables, telex messages, memoranda, notes, notations, accounts, working paper, financial statements, invoices, returns, accounts, ledgers, checks, check stubs, drafts, indexes, data sheets, commercial paper, wires, transcripts, minutes, agendas, affidavits, statements, summaries, opinions, reports, surveys, studies, work papers, analysis, evaluations, printings, graphs, charts, tables, prospectuses, tabulations, compilations, lists, diagrams, contracts, offers agreements, journals, statistical records, desk calendars, appointment books, diaries, studies, sound recordings, recording disks or other records of oral communications, films, microfilms, microfiche, slides, other records kept by 2 electronic, photographic or mechanical means, and things similar to any of the foregoing, and any other materials discoverable under Rule 1.350 of the Florida Rules of Civil Procedure, including Electrical Data and Records/Storage Media. Moreover, the term "document" includes reports and records of telephonic or other meetings or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be processed or transcribed, including, but not limited to correspondence, memoranda, notes, messages, letters, telegrams, teletype messages, bulletins, diaries, chronological data, minutes, books, reports charts, ledgers, invoices, worksheets, receipts, computer printouts, schedules, affidavits, contracts, transcripts, surveys, graphic representations of any kind, photographs, graphs, microfilm, videotapes, tape records, motion pictures or other films and other data compilations from which information can be obtained, translated if necessary, by the respondent through detection devices into reasonably usable form. 5. “Correspondence” shall mean any letter, telegram, telex, notice, message, email, memorandum, text-message, instant message or other written communication or transcription or the notes of any communication. 6. “Communications” shall refer to and shall include without limitation and in the singular as well as the plural, all conversations, telephone conversations, statements, discussions, negotiations, debates, arguments, discourses, colloquies, interviews, consultations, and every type of written or verbal utterances. 7. As used herein, the singular and masculine form of nouns and pronouns shall embrace and be read and applied as the plural or feminine or neuter, as circumstances may make appropriate. 8. “Person” or “persons” mean and refer to all entities, including without limiting the 3 generality of the foregoing, individuals, associations, companies, partnerships, joint ventures and corporations. 9. “Electronic Data and Records/Storage Media” shall mean: (a) all digital or analog electronic files, including deleted files and file fragments, stored in machine-readable format on magnetic, optical or other storage media, including the hard drives or floppy discs used on commuter and their backup media (e.g., other hard drives, backup tapes, floppies, JAZ cartridges, CD-ROM's) or otherwise, whether such files have been reduced to paper printouts or not; (b) all e-mails, sent and received, internal and external; (c) all word-processed files, including drafts and revisions; (d) all spreadsheets, including drafts and revisions; (e) all databases; (f) source codes; (g) object codes; (h) all CAD (computer aided design) files (such as Microsoft Power Point); (i) all graphs; (j) charts; (k) other data produced by project management software (such as Microsoft Project); (I) all data generated by calendaring, task management and Personal Information Management (PIM) software (such as Microsoft Outlook or Lotus Notes); (m) all data generated with the use of Personal Data Assistants (PDAs), such as Palm Pilot, HP Jomanda, Cassiopeia or other Windows CE-based or Pocket PC devices; 4 (n) all data created with the use of document management software; (o) all data created with the use of paper and electronic mail logging and routing software; (p) all Internet and Web-browser-generated history files, caches and “cookies” files generated at the workstation of each employee and/or agent in your client's employ and on any and all backup storage media; and any and all other files generated by users through the use of computers and/or telecommunications, including but not limited to voice mail. (q) all logs of network use by employees or otherwise, whether kept in paper or electronic form; (r) All copies of backup tapes and the software necessary to reconstruct the data on these tapes, so that there can be made a complete, bit-by-bit “mirror” evidentiary image copy of the storage media of each and every personal computer (and/or workstation) and network server in your control and custody, as well as image copies of all hard drives retained by you and no longer in services but in use at any time from January 2003 to present. (s) passwords; (t) decryption procedures (including, if necessary, the software to decrypt the files); (u) network access codes ID names; (v) manuals; (w) tutorials; (x) written instructions; 5 (y) decompression or reconstruction software; and (z) all documents and information about documents containing backup and/or archive policy and/or procedure, document retention policy, names of backup and/or archive software, names and addresses of any offsite storage provider. 10. To “identify” a document shall mean to: (a) state its customary business description; (b) state its number (if any) (e.g., invoice or purchase order number); (c) state its date; (d) identify the addressee(s) or sender(s)(if any); (e) identify the addressee(s) or recipient(s) (if any), including all persons provided with copies; (f) identify the custodian of such document; (g) identify all persons that possess have custody or, have control over such document or any copy thereof; (h) state the substance of the subject matter of each such documents. 11. If you are requested to identify a conversation, you must provide who was present for the conversation, what was said, where the conversation took place and when it took place. 12. “Describe with particularity” or “describe with specificity” means to set forth fully each and every fact relating to the answer, including the date, time, place, subject matter and identities of all witnesses and participants, and to describe in detail and with precision all relevant facts, conversations, discussions, and other activities and events, and to identity the sources of the allegations or contention, including any documents which indirectly or directly support the allegation or contention, and set forth and explain the nature of the relevant facts on which you rely for your knowledge and/or belief. 6 INSTRUCTIONS If any document herein requested was formerly in the possession, custody, or control of the aforesaid party and has been transferred, lost, or destroyed, Legacy shall submit in lieu of each document a written statement which: (a) Describes in detail the nature of the document and its contents; (b) Identifies the person who prepared or offered the document, and if applicable, the person to whom the document was sent; (c) Specifies the date on which the document was prepared; (d) Specifies, if possible, the date on which the document was lost or destroyed, the conditions or reasons for such destruction and the persons requesting and performing the destruction; and (e) If the document otherwise required to be produced by this request is withheld, Legacy shall identify the document by stating its date, author, recipients, and any asserted privilege and/or reasons for withholding the document. If any production of any request is unduly burdensome or costly, Defendants will provide the necessary personnel to reproduce the requested documents and/or reimburse Legacy for any reasonable copying charges or postage charges associated with production of the requested documents. DOCUMENTS REQUESTED 1. All documents which form the entire written contract between the parties. 2. All change orders prepared for the project, whether signed or unsigned. 3. All payment or draw applications for the project. 4. All of your invoices to Habbert relating to the project. 7 5. All architect, engineer, subcontractor, supplier or other vendor invoices for the project. 6. All lien releases for the project. 7. All plans, drawings and specifications for the project including, but not limited to, concept plans, drafts, revisions, final plans, record drawings and as-built plans. 8. All job notes, progress notes, or other memoranda of work performed or to be performed on the project. 9. All notes, shop drawings or other memoranda relating to the project. 10. All documents relating to delay time calculations for the project. 11. All correspondence and emails with the City of Sarasota relating to the project. 12. All correspondence, emails and text messages between you and any consultant, design professional, subcontractor or materials supplier relating to the project. 13. All emails, text messages or any other messaging service communications between you and any of your employees, project managers, project superintendents, in-house designers, or accounting personnel relating to the project. 14. Your certificates or other statements of substantial completion of the work, and all drafts thereof. 15. All complaints, notices, or other correspondence from adjacent lot owners regarding the work on the project. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the Florida E-filing Portal to all counsel of record listed therein on this 28th day of September, 2023. TANNENBAUM LEMOLE & HILL 614 S. Tamiami Trail Osprey, FL 34229 Telephone: (941) 316-0111 Facsimile: (941) 316-0515 Attorneys for Defendants /s/ Jon E. Lemole 8 Jon E. Lemole, Esq. Florida Bar No.: 1000372 Destinee C. Small Florida Bar No.: 1036554 jlemole@tlhlegal.com dsmall@tlhlegal.com Secondary: paralegal@tlhlegal.com 9