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Filing # 150299268 E-Filed 05/25/2022 02:41:38 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR DESOTO COUNTY, FLORIDA
CYNTHIA D. OWENS, as Trustee of the
Joseph W. Mason Revocable Trust under
Agreement dated 12-27-1994,
Plaintiff,
Vv. CASE NO.: 14-2022-CA-000155
WILLIAM B. BAILEY, SR.,
DMI AMERICA, INC., a Florida corporation,
MICHAEL RAY BUSH, LLC,
a Florida limited liability company,
SABAL PALM BANK, as Custodian for
Wayne McMullen IRA, and
CITY OF ARCADIA, a municipal
Corporation of the State of Florida,
Defendants.
DEFENDANT, DMI AMERICA, INC.’S
NOTICE OF PRODUCTION TO PLAINTIFF
Defendant, DMI AMERICA, INC. (hereinafter “DMI”), requests Plaintiff, CYNTHIA D.
OWENS, as Trustee of the Joseph W. Mason Revocable Trust under Agreement dated 12-27-1994,
(hereinafter “OWENS”), pursuant to Florida Rule of Civil Procedure 1.350, to serve a response to
this Request for Production of Documents and to produce the documents requested herein to
counsel for Plaintiff within 30 days from the date of service of this Request.
INSTRUCTIONS
A In responding to the requests, you shall furnish all documents in your possession,
your officers, directors, promoters, partners, trustees, employees, agents, representatives,
investigators, lawyers, accountants, bankers, financial advisors of other parties acting on your
behalf, not merely those documents in the possession or control of the person or persons
responding to these requests.
Electronically Filed DeSoto Case # 2022CA000155AXMA 05/25/2022 02:41:38 PM
B If you cannot respond to any request in full after exercising due diligence to
secure the documents requested, or do not have precise documents with respect to any part of a
request, please so state, describing in full your efforts to obtain the documents requested, and
responding to the extent possible. Ifa qualified response must be given, respond to the request
as directly and fully as possible and state fully the reason a qualification is necessary.
Cc Each request or part of a request shall be set out in full in the responses and a
separate response shall be provided in response to each request or each sub-part of a request.
D. If any document requested herein was formerly in your possession or subject to
your control, it is requested that you state when and what disposition was made of the document
or documents.
E. If the production of any document is withheld pursuant to a claim of privilege, it
is requested that you, in lieu of production, furnish identifying information with respect to that
document, including the date, author, address, number of pages, attachments, form, name of all
persons who received the original or copy, a description of the subject matter, and the basis upon
which the privilege is claimed.
DEFINITIONS
The following definitions shall apply:
1 The term “relating to” means in whole or in part, constituting evidence, concerning,
containing, embodying, reflecting, identifying, stating, referring to, dealing with, or in any way
pertaining to.
2 The terms “any” and “all” mean area are synonymous with “each” and “every.”
3 "You," "Your," and "Yours" means CYNTHIA D. OWENS, as Trustee of the
Joseph W. Mason Revocable Trust under Agreement dated 12-27-1994, and any and all of its
parents, subsidiaries, affiliates, divisions, and predecessor or successor companies, and all officers,
attorneys, directors, managing agents, employees, representatives, and persons acting on its behalf.
4 “Trust” shall mean the Joseph W. Mason Revocable Trust under Agreement dated
12-27-1994,
5 “Mortgage Note” shall mean the November 3, 2005 mortgage note executed by
BAILEY and delivered to Gerald L. Crowe and Michael D. Crowe, as Co-Trustees of the Gerald
L. Crow3e and Michael D. Crowe Revocable Trust u/a/d November 3, 2005 “(Crowe’”).
6. “Assignment” shall mean the assignment of the mortgage executed by Crowe to
William B. Bailey, Sr. to Crowe.
7
“Property” shall mean the property described in paragraph 4 of Plaintiffs
Complaint.
8 The term “oral communication” means a meeting, conference, conversation, or
discussion and when used with the terms “identify” or “identity” means to state its date, location,
names of the persons present, subject matter, and to list any document describing, reflecting,
referring to, relating to or giving evidence of the oral communication.
9 "Document" shall include the plural and is defined by Rule 1.380 of the Florida
Rules of Civil Procedure as "writings, drawings, graphs, charts, photographs, phono-records, and
other data compilations such as computer software and recordings, diskettes, discs, cassettes and
tapes from which information can be obtained, and translated, if necessary, by the respondent
through detection devices into reasonably usable form."
10. The term “electronically stored information” means any information on operational
systems including accounting, financial, distribution, manufacturing systems, e-mail instant
messages (“IM”), web pages, test messages, cell phone data, excel spreadsheets and underlying
formulae, metadata, computer databases, erased, fragmented or damaged data and anything stored
on computer or other electronic means located on or in, but noted limited to cache memory, optical
disks, small phones, cell phones, IM apps and tools, USB drives, and cloud and technology and
computing.
11. "Referring, wom, regarding," and "relating" mean showing, disclosing, averting to,
comprising, evidencing, constituting or reviewing, in whole or in part.
12. “Communications” or “Correspondence” means letters, emails, text messages,
faxes, transcripts of voice messages, or any other writings.
13. All other words are given their plain, ordinary meaning.
DOCUMENTS REQUESTED
1 A copy of the Joseph W. Mason Revocable Trust under Agreement dated 12-27-
1994 and any amendments to the Trust.
2 A copy of the Trustee’s Acceptance of Trust.
3 A copy of the Mortgage Note and Deed referenced in paragraph 2 of the Complaint
between William B. Bailey, Sr. and Gerald L. Crowe and Michael D. Crowe, as Co-Trustees of
the Gerald L. Crowe and Michael D. Crowe Revocable Trust u/a/d November 3, 2005, and filed
and recorded in the Official Records of DeSoto County on December 30, 2013.
4 A copy of any Assignment of Mortgage referenced in paragraph 3 of the Complaint.
5 Copies of all payments and payoff information on or under the Note and Mortgage.
6. Copy of any notice of defaults or acceleration under the Mortgage and Note.
7
Any and all communications with Bush relating to the Property or the Mortgage
and Note.
8 Any and all communications with DMI America, Inc. relating to the Property or
the Mortgage and Note.
9. Any and all communication s with William B. Bailey, Sr. relating to the Property
or the Mortgage and Note.
10. All documents relating to the Mortgage including any and all Assignments.
11. Copies of all leases for the Property.
12. Copies of all communication between you and William B. Bailey, Sr. for the past
five (5) years.
13. Copies of all communications between you and DMI America, Inc. for the past five
(5) years.
14. Copies of the current payoff statement for the loan, Mortgage or Note that is the
subject of this action, including but not limited to, outstanding principal balance, interest, costs
and attorney fees.
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing has been furnished by KJEmail or (]
United States mail or [_]facsimile or [] hand delivery to the persons listed below on the 25th day
of May, 2022.
France Litigation Group
1515 Ringling Blvd., Suite 230
Sarasota, Florida 34236
(941) 953-3600
tim@mfrancelaw.com
mshaw@mfrancelaw.com
eservice@mfrancelaw.com
Counsel for Defendant,
DMI America, Inc.
By. /s/ Timothy J. Rudge
TIMOTHY J. RUDGE
Florida Bar No. 98105
Kenneth B. Evers
Florida Bar No. 0054852
KENNETH B. EVERS, P.A.
424 West Main Street
P.O. Drawer 1308
Wauchula, FL 33873-1308
Telephone: 863-773-5600
Fax: 866-537-4362
Email: office@hardeelaw.com
Thomas J. Wohl
Florida Bar No. 022131
SWAINE, HARRIS & WOHL, P.A.
425 South Commerce Avenue
Sebring, FL 33870
Telephone: 863-385-1549
Fax: 963-471-0008
Primary Email: ti¢ artlandlaw.com
carliandiaw COM
Secondary Email: marcella@heartlandlaw.com
Attorneys for Defendant, City of Arcadia
George J. Dramis
Floria Bar No. 0935549
BAND, GATES & DRAMIS, P.L.
2070 Ringling Blvd.
Sarasota, FL 34237
Phone: 941-366-8010
Fax: 941-366-5368
Primary Email: gdramis@bandgatesdramis.com
Secondary Email: pmorrell@bandgatesdramis.com
Attorney for Defendant, Sabal Palm Bank
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Filing # 150299268 E-Filed 05/25/2022 02:41:38 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR DESOTO COUNTY, FLORIDA CYNTHIA D. OWENS, as Trustee of the Joseph W. Mason Revocable Trust under Agreement dated 12-27-1994, Plaintiff, Vv. CASE NO.: 14-2022-CA-000155 WILLIAM B. BAILEY, SR., DMI AMERICA, INC., a Florida corporation, MICHAEL RAY BUSH, LLC, a Florida limited liability company, SABAL PALM BANK, as Custodian for Wayne McMullen IRA, and CITY OF ARCADIA, a municipal Corporation of the State of Florida, Defendants. DEFENDANT, DMI AMERICA, INC.’S NOTICE OF PRODUCTION TO PLAINTIFF Defendant, DMI AMERICA, INC. (hereinafter “DMI”), requests Plaintiff, CYNTHIA D. OWENS, as Trustee of the Joseph W. Mason Revocable Trust under Agreement dated 12-27-1994, (hereinafter “OWENS”), pursuant to Florida Rule of Civil Procedure 1.350, to serve a response to this Request for Production of Documents and to produce the documents requested herein to counsel for Plaintiff within 30 days from the date of service of this Request. INSTRUCTIONS A In responding to the requests, you shall furnish all documents in your possession, your officers, directors, promoters, partners, trustees, employees, agents, representatives, investigators, lawyers, accountants, bankers, financial advisors of other parties acting on your behalf, not merely those documents in the possession or control of the person or persons responding to these requests. Electronically Filed DeSoto Case # 2022CA000155AXMA 05/25/2022 02:41:38 PM B If you cannot respond to any request in full after exercising due diligence to secure the documents requested, or do not have precise documents with respect to any part of a request, please so state, describing in full your efforts to obtain the documents requested, and responding to the extent possible. Ifa qualified response must be given, respond to the request as directly and fully as possible and state fully the reason a qualification is necessary. Cc Each request or part of a request shall be set out in full in the responses and a separate response shall be provided in response to each request or each sub-part of a request. D. If any document requested herein was formerly in your possession or subject to your control, it is requested that you state when and what disposition was made of the document or documents. E. If the production of any document is withheld pursuant to a claim of privilege, it is requested that you, in lieu of production, furnish identifying information with respect to that document, including the date, author, address, number of pages, attachments, form, name of all persons who received the original or copy, a description of the subject matter, and the basis upon which the privilege is claimed. DEFINITIONS The following definitions shall apply: 1 The term “relating to” means in whole or in part, constituting evidence, concerning, containing, embodying, reflecting, identifying, stating, referring to, dealing with, or in any way pertaining to. 2 The terms “any” and “all” mean area are synonymous with “each” and “every.” 3 "You," "Your," and "Yours" means CYNTHIA D. OWENS, as Trustee of the Joseph W. Mason Revocable Trust under Agreement dated 12-27-1994, and any and all of its parents, subsidiaries, affiliates, divisions, and predecessor or successor companies, and all officers, attorneys, directors, managing agents, employees, representatives, and persons acting on its behalf. 4 “Trust” shall mean the Joseph W. Mason Revocable Trust under Agreement dated 12-27-1994, 5 “Mortgage Note” shall mean the November 3, 2005 mortgage note executed by BAILEY and delivered to Gerald L. Crowe and Michael D. Crowe, as Co-Trustees of the Gerald L. Crow3e and Michael D. Crowe Revocable Trust u/a/d November 3, 2005 “(Crowe’”). 6. “Assignment” shall mean the assignment of the mortgage executed by Crowe to William B. Bailey, Sr. to Crowe. 7 “Property” shall mean the property described in paragraph 4 of Plaintiffs Complaint. 8 The term “oral communication” means a meeting, conference, conversation, or discussion and when used with the terms “identify” or “identity” means to state its date, location, names of the persons present, subject matter, and to list any document describing, reflecting, referring to, relating to or giving evidence of the oral communication. 9 "Document" shall include the plural and is defined by Rule 1.380 of the Florida Rules of Civil Procedure as "writings, drawings, graphs, charts, photographs, phono-records, and other data compilations such as computer software and recordings, diskettes, discs, cassettes and tapes from which information can be obtained, and translated, if necessary, by the respondent through detection devices into reasonably usable form." 10. The term “electronically stored information” means any information on operational systems including accounting, financial, distribution, manufacturing systems, e-mail instant messages (“IM”), web pages, test messages, cell phone data, excel spreadsheets and underlying formulae, metadata, computer databases, erased, fragmented or damaged data and anything stored on computer or other electronic means located on or in, but noted limited to cache memory, optical disks, small phones, cell phones, IM apps and tools, USB drives, and cloud and technology and computing. 11. "Referring, wom, regarding," and "relating" mean showing, disclosing, averting to, comprising, evidencing, constituting or reviewing, in whole or in part. 12. “Communications” or “Correspondence” means letters, emails, text messages, faxes, transcripts of voice messages, or any other writings. 13. All other words are given their plain, ordinary meaning. DOCUMENTS REQUESTED 1 A copy of the Joseph W. Mason Revocable Trust under Agreement dated 12-27- 1994 and any amendments to the Trust. 2 A copy of the Trustee’s Acceptance of Trust. 3 A copy of the Mortgage Note and Deed referenced in paragraph 2 of the Complaint between William B. Bailey, Sr. and Gerald L. Crowe and Michael D. Crowe, as Co-Trustees of the Gerald L. Crowe and Michael D. Crowe Revocable Trust u/a/d November 3, 2005, and filed and recorded in the Official Records of DeSoto County on December 30, 2013. 4 A copy of any Assignment of Mortgage referenced in paragraph 3 of the Complaint. 5 Copies of all payments and payoff information on or under the Note and Mortgage. 6. Copy of any notice of defaults or acceleration under the Mortgage and Note. 7 Any and all communications with Bush relating to the Property or the Mortgage and Note. 8 Any and all communications with DMI America, Inc. relating to the Property or the Mortgage and Note. 9. Any and all communication s with William B. Bailey, Sr. relating to the Property or the Mortgage and Note. 10. All documents relating to the Mortgage including any and all Assignments. 11. Copies of all leases for the Property. 12. Copies of all communication between you and William B. Bailey, Sr. for the past five (5) years. 13. Copies of all communications between you and DMI America, Inc. for the past five (5) years. 14. Copies of the current payoff statement for the loan, Mortgage or Note that is the subject of this action, including but not limited to, outstanding principal balance, interest, costs and attorney fees. CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing has been furnished by KJEmail or (] United States mail or [_]facsimile or [] hand delivery to the persons listed below on the 25th day of May, 2022. France Litigation Group 1515 Ringling Blvd., Suite 230 Sarasota, Florida 34236 (941) 953-3600 tim@mfrancelaw.com mshaw@mfrancelaw.com eservice@mfrancelaw.com Counsel for Defendant, DMI America, Inc. By. /s/ Timothy J. Rudge TIMOTHY J. RUDGE Florida Bar No. 98105 Kenneth B. Evers Florida Bar No. 0054852 KENNETH B. EVERS, P.A. 424 West Main Street P.O. Drawer 1308 Wauchula, FL 33873-1308 Telephone: 863-773-5600 Fax: 866-537-4362 Email: office@hardeelaw.com Thomas J. Wohl Florida Bar No. 022131 SWAINE, HARRIS & WOHL, P.A. 425 South Commerce Avenue Sebring, FL 33870 Telephone: 863-385-1549 Fax: 963-471-0008 Primary Email: ti¢ artlandlaw.com carliandiaw COM Secondary Email: marcella@heartlandlaw.com Attorneys for Defendant, City of Arcadia George J. Dramis Floria Bar No. 0935549 BAND, GATES & DRAMIS, P.L. 2070 Ringling Blvd. Sarasota, FL 34237 Phone: 941-366-8010 Fax: 941-366-5368 Primary Email: gdramis@bandgatesdramis.com Secondary Email: pmorrell@bandgatesdramis.com Attorney for Defendant, Sabal Palm Bank