Party Discovery: VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC

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                                Filing # 149988477 E-Filed 05/20/2022 10:07:24 AM


                                                        IN THE CIRCUIT COURT OF THE 9TH
                                                        JUDICIAL CIRCUIT IN AND FOR
                                                        OSCEOLA COUNTY, FLORIDA

                                                        CASE NO.: 2020-CA-002942-ON

        VILLAS        AT        EMERALD     LAKE
        HOMEOWNERS ASSOCIATION, INC., a
        Florida not for profit corporation,

             Plaintiff,
        v.

        ROYAL OAK HOMES, LLC, a Florida
        limited liability company; ADVANCED
        WRAPPING            AND       CONCRETE
        SOLUTIONS OF CENTRAL FLORIDA,
        INC., a Florida corporation; DON KING’S
        CONCRETE, INC., a Florida corporation;
        HUGH MACDONALD CONSTRUCTION,
        INC., a Florida corporation; IMPERIAL
        BUILDING CORPORATION, a Florida
        corporation; PREMIER PLASTERING OF
        CENTRAL FLORIDA, INC. n/k/a TGK
        STUCCO, INC., a Florida corporation;
        WEATHERMASTER                  BUILDING
        PRODUCTS, INC., a Florida corporation;
        WEINTRAUB            INSPECTIONS       &
        FORENSICS, INC. n/k/a WEINTRAUB
        ENGINEERING AND INSPECTIONS,
        INC, a Florida corporation; THE DIMILLO
        GROUP, LLC, a Florida limited liability
        company; WOLF’S IRRIGATION &
        LANDSCAPING,          INC.,   A   Florida
        corporation; SUMMERPARK HOMES,
        INC., a Florida corporation; BROWN +
        COMPANY ARCHITECTURE, INC., a
        Florida corporation;

             Defendant.
                                                    /

        ROYAL OAK HOMES, LLC, a Florida
        limited liability company;

              Crossclaim Plaintiff,
                                                                           2020-CA-002942-ON


    v.

ADVANCED             WRAPPING         AND
CONCRETE SOLUTION OF CENTRAL
FLORIDA, INC., a Florida corporation; DON
KING’S CONCRETE, INC., a Florida
corporation;      HUGH        MACDONALD
CONSTRUCTION,           INC.,   a   Florida
corporation;     IMPERIAL        BUILDING
CORPORATION, a Florida corporation;
PREMIER PLASTERING OF CENTRAL
FLORIDA, INC. n/k/a TGK STUCCO, INC., a
Florida corporation; WEATHERMASTER
BUILDING PRODUCTS, INC., a Florida
corporation; WEINTRAUB INSPECTIONS &
FORENSICS, INC. n/k/a WEINTRAUB
ENGINEERING AND INSPECTIONS, INC.,
a Florida corporation; WOLF'S IRRIGATION
& LANDSCAPING, INC., a Florida
corporation;      BROWN+        COMPANY
ARCHITECTURE,           INC.,   a   Florida
corporation;

     Crossclaim Defendants

____________________________________/

  DEFENDANT, BROWN+ COMPANY ARCHITECTURE, INC.’S, FIRST REQUEST
   FOR PRODUCTION OF DOCUMENTS TO THIRD-PARTY DEFENDANT, ALL
                   GLASS INSTALLATION CORP.

         COMES     NOW,      Defendant,      BROWN+   COMPANY        ARCHITECTURE,          INC.

(“BROWN”), by and through the undersigned counsel, and pursuant to Rule 1.350 of the Florida

Rules of Civil Procedure, submits the following Request for Production of Documents to

Defendant, ALL GLASS INSTALLATION CORP. (“AGIC”), and requests a response within

thirty (30) days from the date of service.

                            DEFINITIONS AND INSTRUCTIONS

               As used in these requests, the following terms are to be interpreted in accordance

with these definitions:


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                                                                                2020-CA-002942-ON


     1.         As used herein, “You,” “Your,” or “AGIC,” shall mean Defendant, ALL GLASS

INSTALLATION CORP., to whom these requests are addressed, and all persons, agents,

employees, independent contractors, and/or other entities acting on such party’s behalf.

     2.         As used herein, “ASSOCIATION,” or “Plaintiff” shall mean Plaintiff, VILLAS AT

EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., and all persons, agents, employees,

independent contractors, and/or other entities acting on such party’s behalf.

     3.         As used herein, “BROWN” shall mean Defendant, BROWN+ COMPANY

ARCHITECTURE, INC., and all persons, agents, employees, independent contractors, and/or

other entities acting on such party’s behalf.

     4.         As used herein, the “Complaint” shall refer to the Amended Complaint and Demand

for Jury Trial the ASSOCIATION filed on April 30, 2021 in Osceola County, Florida, Case No.

2020 – CA – 002942, Filing # 125919197.

     5.         As used herein, the “Crossclaim” shall refer to the Amended Crossclaim Complaint,

ROYAL OAK filed on May 10, 2021 in Osceola County, Florida, Case No. 2020 – CA – 002942,

Filing # 126517408.

     6.         As used herein, “Project” shall refer to the design, specification, and construction

of certain townhomes and common areas at Villas at Emerald Lake in Kissimmee, Osceola County,

Florida which is the subject of this instant litigation.

     7.         The words “document” or “documents” mean any written, typed, printed, recorded,

or graphic material, however produced, reproduced, or stored, in or on whatever medium,

including electronic or computer media, and including but not limited to all appointment books,

notes, memoranda, reports, logs, diaries, records, correspondence, contracts, agreements, writings,

graphs, charts, checks, letters, messages, bills, statements, calendars, files, computer files, forms,



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                                                                             2020-CA-002942-ON


solicitation materials, advertising, orders, invoices, purchase orders, photographs, video tapes,

audio tapes, phone records, or other electronic storage devices, computer banks, data entries, e-

mail, data sheets, notebooks, and all copies and drafts and other data compilations form which

information can be obtained, translated, if necessary, through detection devices into a reasonably

perceptible form that are in your possession, custody, or control.

    8.         As used herein, “all documents” shall refer to and shall include every document, as

defined above, known to you and every such document that can be located or discovered by

reasonable, diligent efforts.

    9.         The word “correspondence” means any letter, notice, message, email,

memorandum, text-message, or other written communication or transcription or the notes of any

communication.

    10.        Without limitation of the term “control” as used herein, a document or other

information requested is deemed to be in your control if you have the right to secure the document

or information from any person or public or private entity having physical possession of the

document or knowledge of the information requested. If any document requested or information

sought was, but is no longer, in your possession or subject to your control as defined herein, state

what disposition was made of the document or information, the location of any document or

information, the person or entity possessing or having knowledge of the information and the date

or dates, or approximate date or dates, on which disposition was made.

    11.        The words “involving”, “concerning”, “relating”, “pertaining”, “demonstrating”,

“regarding”, “evidencing” or “depicting” as used herein shall be interpreted broadly to mean

concerning, referencing, mentioning, alluding to, responding to, in connection with, commenting

on, in response to, about, regarding, announcing, explaining, discussing, showing, describing,



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                                                                              2020-CA-002942-ON


studying, reflecting, analyzing, illustrating, recording, memorializing, constituting, evidencing,

refuting, supporting, and all other concepts of like import.

    12.         The word “component” or “components” as used herein shall be interpreted broadly

to mean any constituent part, section, piece, element, module, instrument, device, equipment or

similar item(s).

    13.         If you choose to withhold any documents from production on the grounds of

privilege or relevancy, identify the documents so withheld and state the grounds for withholding

these documents.

    14.         If any documents requested were, but are no longer, in your possession, subject to

your control, or in existence, and therefore cannot be produced by you, please state whether any

such document (a) is missing or lost; (b) has been destroyed; (c) has been transferred voluntarily

or involuntarily to others; or (d) is otherwise disposed of, and, in each instance, please explain the

circumstances surrounding any such disposition of the document and state the date or approximate

date thereof.

  The responsive documents should be produced in digital format pursuant to applicable
          Florida statutes concerning electronically stored information (“ESI”).

                                  DOCUMENTS REQUESTED

   1. Any and all contracts You entered into related to the Project.

   2. All documents, drawings, specifications or plans prepared by BROWN that You examined
      or relied upon in performing Your scope of services/work for the Project.

   3. All documents evidencing or detailing any inspections performed by BROWN related to
      Your scope of work at the Project.

   4. All documents evidencing or detailing approvals by BROWN related to Your scope of
      work at the Project.

   5. All documents evidencing or detailing work accepted by BROWN related to Your scope
      of work at the Project.

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                                                                         2020-CA-002942-ON



6. All change orders, change directives, requests for information, or similar documents
   evidencing changes, modifications, additions, or reductions in Your scope of work at the
   Project.

7. All correspondence evidencing changes, modifications, additions, or reductions in Your
   scope of work at the Project.

8. All product submittals, product specifications, installation instructions, maintenance
   instructions, product manuals, or similar documents for the products, supplies, and building
   components You installed or constructed at the Project.

9. All correspondence concerning product submittals, product specifications, installation
   instructions, maintenance instructions, product manuals, or similar documents for the
   products, supplies, and building components You installed or constructed at the Project

10. All invoices, requests for payment, work orders, job tickets, and similar documents related
    to Your scope of work for the Project.

11. Any improper designs and/or specifications that You relied upon at the Project.

12. All communications between You and BROWN related to the Project.

13. All communications exchanged between You and anyone related to the designs prepared
    by BROWN for the Project.

14. All communications exchanged between You and ROYAL OAK HOMES, INC. for the
    Project.

15. All plans, product submittals, designs, construction plans, specifications, or similar
    documents and information transmitted or submitted by You to the Osceola County
    Building Department for the Project.

16. All permit applications and any related attachments or documents submitted by You to the
    Osceola County Building Department for the Project.

17. All permit applications any related attachments or other documents submitted by You to
    any other authority having jurisdiction for the Project.

18. All Osceola County Product Approval forms related to Your scope of work for the
    Project.

19. All product approvals form any authority having jurisdiction for the Project related to
    Your scope of work for the Project.



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                                                                            2020-CA-002942-ON


                                   CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically

served via the Florida E-Filing Portal to counsel of record for the parties on the attached Service

List, this 20th day of May 2022.

                                             MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
                                             Attorneys for Defendant, Brown + Company
                                             Architecture, Inc.
                                             1900 NW Corporate Blvd., East Tower, Suite 440
                                             Boca Raton, Florida 33431
                                             bcalderon@milbermakris.com
                                             dhill@milbermakris.com
                                             azgross@milbermakris.com
                                             Telephone:         561-994-7310
                                             Facsimile:         561-994-7313

                                             By: _S:/ D. Bryan Hill
                                             Bruce R. Calderon
                                             Florida Bar No. 50448
                                             D. Bryan Hill
                                             Florida Bar No. 113687
                                             Alicia Z. Gross
                                             Florida Bar No. 0103210




                      [SERVICE LIST IS ON THE FOLLOWING PAGE]




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                                                               2020-CA-002942-ON


                                       SERVICE LIST

Phillip E. Joseph, Esq.
Evan J. Small, Esq.
Jeffrey A. Widelitz Esq.
Nicholas B. Vargo, Esq.
BALL JANIK, LLP
201 East Pine Street – Suite 600
Orlando, FL 32801
pjoseph@balljanik.com
esmall@balljanik.com
jwidelitz@balljanik.com
nvargo@balljanik.om
ypalmer@balljanik.com
mwise@balljanik.com
orlandodocket@balljanik.com
Counsel for Plaintiff, Villas at Emerald
Lake Homeowners Association, Inc.

Thamir A. R. Kaddouri, Jr., Esq.
LAW OFFICE OF THAMIR A.R.
KADDOURI, JR., P.A.
3220 West Cypress Street
Tampa, FL 33607
Counsel for Defendant, Imperial Building Corporation

Peter J. Kapsales, Esq.
Margaret M. Efta, Esq.
MILNE LAW GROUP, P.A.
301 East Pine Street – Suite 525
Orlando, FL 32801
pkapsales@milnelawgroup.com
mefta@milnelawgroup.com
eservice@milnelawgroup.com
Counsel for Defendant, Weathermaster Building Products, Inc.

Robin H. Leavengood, Esq.
Lannie D. Hough, Jr., Esq.
CARLTON FIELDS, P.A.
4221 W. Boy Scout Boulevard
Tampa, FL 33607-5780
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                                                                  2020-CA-002942-ON


rleavengood@carltonfields.com
brosa@carltonfields.com
lhough@carltonfields.com
nbonilla@carltonfields.com
vwilliams@carltonfields.com
Counsel for Defendant, Royal Oak Homes, LLC

Paul Sidney Elliott, Esq.
P. O. Box 274204
Tampa, FL 33688-4204
pse@psejd.com
Counsel for Defendant, Hugh MacDonald Construction, Inc. (HMC)

Denise M. Anderson, Esq.
Kate F. Gaset, Esq.
BUTLER WEIHMULLER KATZ CRAIG LLP
400 North Ashley Drive – Suite 2300
Tampa, FL 33602
danderson@butler.legal
kgaset@butler.legal
jjacobs@butler.legal
mmilligan@butler.legal
Counsel for Defendant, Don King’s Concrete, Inc.

Jayne Ann Pittman, Esq.
CONROY SIMBERG
Two South Orange Avenue – Suite 300
Orlando, FL 32801
eserviceorl@conroysimberg.com
jpittman@conroysimberg.com
mmaitland@conroysimberg.com
Counsel for Defendant, Advanced Wrapping and Concrete Solutions
Of Central Florida, Inc.




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