Preview
16-2024-CA-001474-AXXX-MA Div: CV-H
Filing # 194436498 E-Filed 03/20/2024 01:46:59 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY COUNTY, FLORIDA
CASE NO.:
DIVISION:
STEPHANIE NIEMEIER,
Plaintiff,
-vs-
PASSCO POINT DST d/b/a The
Point at Tamaya, and
GREYSTAR, LLC,
a Florida Limited Liability Company,
Defendants.
__________________________________/
PLAINTIFF’S REQUEST FOR PRODUCTION TO DEFENDANT
PASSCO POINT DST D/B/A THE POINT AT TAMAYA
COMES NOW Plaintiff, STEPHANIE NIEMEIER, by and through the undersigned
counsel and pursuant to Rule 1.350 of The Florida Rules of Civil Procedure, hereby requests the
Defendant, PASSCO POINT DST D/B/A THE POINT AT TAMAYA (hereinafter referred to
as “PASSCO”), produce the following materials to the undersigned attorney pursuant to the
applicable Rules of Civil Procedure for examination, inspection and copying:
DEFINITIONS
As used throughout this Request for Production, the following terms are defined as
follows:
A. “Document” is used herein in its customary broad sense to include, by way of
illustration only and not by way of limitation, the following items, whether printed or reproduced
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 03/21/2024 08:18:30 AM
by any process, or written and/or produced by hand, and whether or not claimed to be privileged
or other wise excludable from discovery, which are in the possession of, subject to the control of,
or within the knowledge of Defendant, its agents, servants, employees or its counsel; namely, all
written or printed matter of any kind including the original and all non-identical copies. Whether
different from the original by reason of any notation made on such copies or otherwise
(including without limitation correspondence, memoranda, notes, speeches, press releases,
diaries, calendars, appointment books, statistics, letters, telegrams, minutes, contracts, reports,
studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectus,
interoffice and intraoffice communications offers, notations or memoranda of any sort of
conversation, telephone calls, meetings or other communications, bulletins, printed matter,
computer printouts, teletypes, telefax, invoices, modifications, changes and amendments of any
kind of the foregoing), graphic or aural records or representations of any kind (including without
limitations photographs, charts, graphs, microfiches, microfilm, videotapes, recordings, motion
pictures) and electronics, mechanical or electrical records or representations of any kind
(including without limitations, tapes, cassettes, discs, punchcards and records).
B. The terms “relating to”, “in regard to” and “including” mean constituting,
comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing,
mentioning, concerning and/or referring to, directly or indirectly.
C. “Person” shall mean individual, association, trust, public or private institute,
corporation or other legal entity.
D. The term "premises" shall mean the building located at 3050 Tamaya Blvd,
Jacksonville, FL 32246 (the “premises”) that was open to the public as an apartment and/or
condominium complex.
CLAIM OF PRIVILEGE
If any document or statement is withheld from this request under a claim of privilege,
then please furnish a list which identifies each document or statement for which privilege is
claimed and include the following information for each such document:
1. The date(s);
2. The subject matter(s);
3. The sender(s) or author(s);
4. The recipient(s);
5. The persons to whom copies were furnished, together with their job titles; and
6. The basis on which privilege is claimed.
GROUPING OR NUMBERING OF ITEMS PRODUCED
It is requested that the documents or other items submitted in response to these Requests
for Production be grouped according to the individual request to which it is responsive and
within each group, arranged in chronological order.
ITEMS TO BE PRODUCED
1. A copy of any and all statements (as defined in the Rules of Civil Procedure)
concerning this action or the subject matter of this action previously made by the Plaintiff to the
Defendant, its agents or subsidiaries.
2. Any and all photographs, motion picture films, tapes or other recordings as they
relate to the subject matter herein.
3. Any and all surveillance films, tapes, photographs, activity records, neighborhood
canvassing, etc., and the results thereof obtained with regard to Plaintiff herein pursuant to
Dodson v. Persell, 390 So. 2d 704 (Fla. 1980).
4. Copies of any report(s) made by any employee of the Defendant or representative
thereof, indicating the circumstances of the incident in question.
5. Copies of the tapes and any written transcripts of any and all statements made by
plaintiff(s) to you, your agents, employees, subsidiaries or anyone else regarding the incident
complained of herein.
6. Any and all documents, including but not limited to safety documents, brochures
or training manuals, concerning the inspection, maintenance, or cleaning of debris of the
premises that were effect on the date of the subject incident.
7. Any and all documents pertaining to the care, upkeep and maintenance of the
premises, including sweep sheets, inspection records, maintenance and repair records, and
employee training manuals.
8. Any and all permits, records, reports, and/or documents from the Department of
Building and Safety concerning the subject premises.
9. Any and all manuals, brochures, videos, employee training materials or other
documents or tangible items evidencing company policies in effect on the date of the incident in
question pertaining to the inspection, maintenance, or cleaning the floors at the premises,
including the area where the incident occurred.
10. Any surveillance videos and/or photographs taken of the premises and/or scene of
the incident during the twenty-four hour period immediately prior to and the twenty-four hour
period immediately after the incident complained of herein.
11. Copies of lists/reports of any and all incidents wherein an individual slipped or
fell at the subject premises for the two preceding the subject incident through the present.
12. Copies of any and all documents related to all claims that have been brought
against the Defendant for injuries to any and all patrons of the Defendant involving incidents
wherein an individual slipped or fell during the two (2) years prior to the subject incident through
the present.
13. Produce a list/report of each and every individual, manager, or employee who was
responsible for inspecting, maintaining or cleaning the floors of the premises on the date of the
subject incident.
14. For the one (1) years prior to the subject incident, produce any and all opinions,
reprimands, warnings, analysis and/or decisions from any organization, including OSHA, and the
Jacksonville Fire Department concerning the inspection, maintenance or cleaning floors at the
Defendant premises, managed or controlled by Defendant including the premises.
15. Produce the Employee Handbook with regards to responsibilities and duties on
how to properly clean/maintain the floors, in use by Defendant at the time of the subject incident.
16. Provide copies of any and all timesheets, work schedules and duty rosters, for
employees working on the day of the subject incident.
17. Provide copies of any and all maps, diagrams, or blueprints for the placement of
surveillance cameras at the premises at the time of the subject incident.
18. Provide copies of any and all maps, diagrams, or blueprints for the layout of the
premises at the time of the subject incident.
19. Provide the name of the building manager responsible for overseeing the
cleaning/maintaining of the floors on the date of the subject incident.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the forgoing will be served on the Defendant by
process server. Dated this 20th day of March 2024.
FARAH & FARAH, P.A.
_________________________
Mario A. Errico, Esquire
Florida Bar No.: 1002741
10 West Adams Street
Jacksonville, FL 32202
P/F: (904) 490-8835
Primary: Merrico@farahandfarah.com
Secondary: Jeannahc@farahandfarah.com
ATTORNEY FOR PLAINTIFF
Preview
16-2024-CA-001474-AXXX-MA Div: CV-H Filing # 194436498 E-Filed 03/20/2024 01:46:59 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY COUNTY, FLORIDA CASE NO.: DIVISION: STEPHANIE NIEMEIER, Plaintiff, -vs- PASSCO POINT DST d/b/a The Point at Tamaya, and GREYSTAR, LLC, a Florida Limited Liability Company, Defendants. __________________________________/ PLAINTIFF’S REQUEST FOR PRODUCTION TO DEFENDANT PASSCO POINT DST D/B/A THE POINT AT TAMAYA COMES NOW Plaintiff, STEPHANIE NIEMEIER, by and through the undersigned counsel and pursuant to Rule 1.350 of The Florida Rules of Civil Procedure, hereby requests the Defendant, PASSCO POINT DST D/B/A THE POINT AT TAMAYA (hereinafter referred to as “PASSCO”), produce the following materials to the undersigned attorney pursuant to the applicable Rules of Civil Procedure for examination, inspection and copying: DEFINITIONS As used throughout this Request for Production, the following terms are defined as follows: A. “Document” is used herein in its customary broad sense to include, by way of illustration only and not by way of limitation, the following items, whether printed or reproduced ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 03/21/2024 08:18:30 AM by any process, or written and/or produced by hand, and whether or not claimed to be privileged or other wise excludable from discovery, which are in the possession of, subject to the control of, or within the knowledge of Defendant, its agents, servants, employees or its counsel; namely, all written or printed matter of any kind including the original and all non-identical copies. Whether different from the original by reason of any notation made on such copies or otherwise (including without limitation correspondence, memoranda, notes, speeches, press releases, diaries, calendars, appointment books, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectus, interoffice and intraoffice communications offers, notations or memoranda of any sort of conversation, telephone calls, meetings or other communications, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, modifications, changes and amendments of any kind of the foregoing), graphic or aural records or representations of any kind (including without limitations photographs, charts, graphs, microfiches, microfilm, videotapes, recordings, motion pictures) and electronics, mechanical or electrical records or representations of any kind (including without limitations, tapes, cassettes, discs, punchcards and records). B. The terms “relating to”, “in regard to” and “including” mean constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, mentioning, concerning and/or referring to, directly or indirectly. C. “Person” shall mean individual, association, trust, public or private institute, corporation or other legal entity. D. The term "premises" shall mean the building located at 3050 Tamaya Blvd, Jacksonville, FL 32246 (the “premises”) that was open to the public as an apartment and/or condominium complex. CLAIM OF PRIVILEGE If any document or statement is withheld from this request under a claim of privilege, then please furnish a list which identifies each document or statement for which privilege is claimed and include the following information for each such document: 1. The date(s); 2. The subject matter(s); 3. The sender(s) or author(s); 4. The recipient(s); 5. The persons to whom copies were furnished, together with their job titles; and 6. The basis on which privilege is claimed. GROUPING OR NUMBERING OF ITEMS PRODUCED It is requested that the documents or other items submitted in response to these Requests for Production be grouped according to the individual request to which it is responsive and within each group, arranged in chronological order. ITEMS TO BE PRODUCED 1. A copy of any and all statements (as defined in the Rules of Civil Procedure) concerning this action or the subject matter of this action previously made by the Plaintiff to the Defendant, its agents or subsidiaries. 2. Any and all photographs, motion picture films, tapes or other recordings as they relate to the subject matter herein. 3. Any and all surveillance films, tapes, photographs, activity records, neighborhood canvassing, etc., and the results thereof obtained with regard to Plaintiff herein pursuant to Dodson v. Persell, 390 So. 2d 704 (Fla. 1980). 4. Copies of any report(s) made by any employee of the Defendant or representative thereof, indicating the circumstances of the incident in question. 5. Copies of the tapes and any written transcripts of any and all statements made by plaintiff(s) to you, your agents, employees, subsidiaries or anyone else regarding the incident complained of herein. 6. Any and all documents, including but not limited to safety documents, brochures or training manuals, concerning the inspection, maintenance, or cleaning of debris of the premises that were effect on the date of the subject incident. 7. Any and all documents pertaining to the care, upkeep and maintenance of the premises, including sweep sheets, inspection records, maintenance and repair records, and employee training manuals. 8. Any and all permits, records, reports, and/or documents from the Department of Building and Safety concerning the subject premises. 9. Any and all manuals, brochures, videos, employee training materials or other documents or tangible items evidencing company policies in effect on the date of the incident in question pertaining to the inspection, maintenance, or cleaning the floors at the premises, including the area where the incident occurred. 10. Any surveillance videos and/or photographs taken of the premises and/or scene of the incident during the twenty-four hour period immediately prior to and the twenty-four hour period immediately after the incident complained of herein. 11. Copies of lists/reports of any and all incidents wherein an individual slipped or fell at the subject premises for the two preceding the subject incident through the present. 12. Copies of any and all documents related to all claims that have been brought against the Defendant for injuries to any and all patrons of the Defendant involving incidents wherein an individual slipped or fell during the two (2) years prior to the subject incident through the present. 13. Produce a list/report of each and every individual, manager, or employee who was responsible for inspecting, maintaining or cleaning the floors of the premises on the date of the subject incident. 14. For the one (1) years prior to the subject incident, produce any and all opinions, reprimands, warnings, analysis and/or decisions from any organization, including OSHA, and the Jacksonville Fire Department concerning the inspection, maintenance or cleaning floors at the Defendant premises, managed or controlled by Defendant including the premises. 15. Produce the Employee Handbook with regards to responsibilities and duties on how to properly clean/maintain the floors, in use by Defendant at the time of the subject incident. 16. Provide copies of any and all timesheets, work schedules and duty rosters, for employees working on the day of the subject incident. 17. Provide copies of any and all maps, diagrams, or blueprints for the placement of surveillance cameras at the premises at the time of the subject incident. 18. Provide copies of any and all maps, diagrams, or blueprints for the layout of the premises at the time of the subject incident. 19. Provide the name of the building manager responsible for overseeing the cleaning/maintaining of the floors on the date of the subject incident. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the forgoing will be served on the Defendant by process server. Dated this 20th day of March 2024. FARAH & FARAH, P.A. _________________________ Mario A. Errico, Esquire Florida Bar No.: 1002741 10 West Adams Street Jacksonville, FL 32202 P/F: (904) 490-8835 Primary: Merrico@farahandfarah.com Secondary: Jeannahc@farahandfarah.com ATTORNEY FOR PLAINTIFF