Motion for Admissions in VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC| Trellis.Law

On May 17, 170 a Party Discovery was filed involving a dispute between Don King'S Concrete Inc., Weathermaster Building Products Inc. A Florida Corporation, Villas At Emerald Lake Homeowners Association Inc, and Advanced Wrapping And Concrete Solutions Of Centra, Brown And Company Architecture Inc, Don Kings Concrete Inc, Hugh Macdonald Construction Inc, Imperial Building Corporation, Premier Plastering Of Central Florida Inc N K A Tg, Royal Oak Homes Llc, Summerpark Homes Inc, Tgk Stucco Inc, The Dimillo Group Llc, Weathermaster Building Products Inc, Weintraub Inspections And Forensics Inc, Wolfs Irrigation And Landscaping Inc, All Glass Installation Corp. A Florida Corporation, Atlantic Concrete Systems, Inc., Casey Hawkins Glass Inc. A Florida Corporation, Dean Nesbit Llc A Florida Limited Liability Company, E.R.O. Construction Inc., Helberg Enterprises, Llc, Hobbit Windows Llc A Florida Limited Liability Company, Lios Concrete Corp., T&M Construction Of Sanford Inc. A Florida Corporation, Well Done Windows Inc. A Florida Corporation, Well Hung Windows & Doors, Llc, for CIRCUIT CIVIL in the District Court of Osceola County.

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Filing # 182827572 E-Filed 09/28/2023 02:54:37 PM

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

DOWLING FUNDING, LLC,

Plaintiff,

v. CASE NO.: 2017-CA-000977OC

KADAAE, LLC, a Florida Limited Liability
Company, and ANDRES FERNANDEZ,

Defendants,

CHRISTIAN MARTINEZ,

Impled Defendant.

______________________________________/

IMPLED DEFENDANT CHRISTIAN MARTINEZ’S RESPONSES AND OBJECTIONS
TO PLAINTIFF’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS
AND THINGS

Pursuant to Rule 1.350 and 1.280 of the Florida Rules of Civil Procedure, Impled

Defendant Christian Martinez (“Martinez”) responds to Plaintiff, Dowling Funding, LLC’s,

second request for production of documents as follows:

GENERAL OBJECTIONS

1. These responses are made solely in relation to this action and are being offered

only for the purpose of responding to the Request.

2. Martinez objects to the Request insofar as it purports to require Martinez to

produce or disclose privileged communications or attorney work product on the ground that such

a requirement is impermissible under the Florida Rules of Civil Procedure. In accordance with

Rule 1.280(b)(5), Martinez will produce a separate log of any privileged information or attorney

work product being withheld from production, if any, after its objections to the relevance and scope

of the Request have been determined. Further, any inadvertent production or disclosure of

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privileged communications or work product should not be construed as a waiver of the privilege

or of the work product doctrine which applies to such inadvertently produced documents or

information.

3. Martinez objects to the Request insofar as it purports to require Martinez to

produce or disclose information that is a matter of public record.

4. Martinez objects to the Request insofar as it purports to require Martinez to

produce or disclose information that is equally ascertainable or available to Plaintiff or is more

readily available to Plaintiff.

5. Martinez objects to the Request insofar as it purports to impose discovery

obligations on Martinez that are greater than those permitted under the Florida Rules of Civil

Procedure.

6. Any objection or lack of objection to a particular Request is not to be deemed an

admission that Martinez has any documents responsive to such Request.

7. These responses are based on the best knowledge and information presently held

by Martinez and is subject to correction, modification or supplementation as and when additional

responsive documents or information become known to Martinez.

8. Non-privileged documents responsive to the Request will be produced for

Plaintiff’s inspection at a mutually convenient date, time and place.

9. Martinez’s agreement to produce documents is and shall be expressly

conditioned upon Plaintiff’ agreement to pay for the costs associated with such production.

10. Martinez incorporates its general objections into each specific response.

Martinez reserves all other objections as to the admissibility, relevance, confidentiality, and

materiality of any facts or information produced in response to the Request.

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General Response to the Request

Martinez does not waive any of its general or specific objections in the event that it

furnishes any materials or information coming within the scope of any such objections. The

general objections stated above are applicable to all responses below to the extent that materials

or information is inadvertently furnished or not furnished.

SPECIFIC OBJECTIONS AND RESPONSES

1. Your 2014 tax return. You may redact information not relevant to or not evidencing

capital gains claimed, losses from capital investments claimed, or any other form of tax liability

reduction that may be claimed because of any losses associated with your investment with

Judgment Debtors.

RESPONSE: Martinez objects that this request is irrelevant and seeks private financial