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

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                                Filing # 130178968 E-Filed 07/07/2021 01:00:15 PM



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

                                                                   CASE NO: 2020-CA-002942

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

                Plaintiff,
        Vv.


        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
        liabilitycompany;   WOLF'S      IRRIGATION      &
        LANDSCAPING,       INC., a Florida corporation;
        SUMMERPARK         HOMES,       INC., a Florida
        corporation;                 BROWN+COMPANY
        ARCHITECTURE, INC., a Florida corporation;

                Defendants.



        ROYAL OAK HOMES, LLC, a Florida limited
        Liability company,



                                               Milne Law Group, P.A.
                                  301 E, Pine Street * Suite 525 « Orlando, FL 32801
                             (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
Crossclaim Plaintiff,



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.,
WOLF'S IRRIGATION & LANDSCAPING, INC.,
a   Florida   corporation;   BROWN+COMPANY
ARCHITECTURE, INC., a Florida corporation;

          Crossclaim Defendants.



WEATHERMASTER                 BUILDING            PRODUCTS,
INC., a Florida corporation,

          Third-Party Plaintiff,
Vv.

ALL   GLASS       INSTALLATION             CORP.,      a Florida
corporation; CASEY HAWKINS, GLASS, INC., a
Florida corporation; DEAN NESBIT, LLC, a Florida
limited        liability       company;              HELBERG
ENTERPRISES, LLC, a Florida                     limited liability
company; HOBBIT WINDOWS,                        LLC, a Florida
limited liability company; T&M CONSTRUCTION
OF SANFORD, INC., a Florida corporation; WELL
DONE WINDOWS, INC., a Florida corporation; and
WELL HUNG WINDOWS & DOORS,                               LLC,   a
Florida limited liability company;



                                                 Milne Law Group, P.A.
                             301 E, Pine Street * Suite 525 « Orlando, FL 32801
                     (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
Third-Party Defendants.


           DEFENDANT/THIRD-PARTY PLAINTIFF, WEATHERMASTER
               BUILDING PRODUCTS, INC.’S FIRST REQUEST FOR
         PRODUCTION TO THIRD-PARTY DEFENDANT, DEAN NESBIT, LLC

        COMES      NOW,    the Defendant/Third-Party Plaintiff, WEATHERMASTER                      BUILDING

PRODUCTS,        INC.   (“WEATHERMASTER”),             pursuant to Rule       1.350 Fla. R. Civ.    P., hereby

propounds     to Third-Party    Defendant,   DEAN      NESBIT,       LLC,   (“DEAN     NESBIT”),     this   First

Request for Production of Documents (the “Request”), and requests that DEAN NESBIT identify

and   produce     copies   of   all   documents     listed   below     to   the   undersigned   attorney      for

WEATHERMASTER. Pursuant to Rule 1.350, DEAN NESBIT shall serve its written responses

within thirty (30) days after service of this Request.

                                INSTRUCTIONS AND DEFINITIONS


        (a)      Whenever reference is made to a person, it includes any and all of such persons

principals, employees, agents, attorneys, consultants and other representatives.


        (b)      When publication of any documents in DEAN NESBIT’s possession is requested,

such request includes documents subject to DEAN NESBIT’s possession, custody or control. In

the event that DEAN NESBIT is able to provide only part of the document(s) called for in any

particular Request for Production, provide all document(s) that DEAN NESBIT is able to provide

and state the reason, if any, for the inability to provide the remainder.


        (c)      “Document(s)” means all materials, including but not limited to: all writings and

recordings, including the originals and all non-identical copies, whether different from the original

by reason of any notation made on such copies or otherwise (including but without limitation to,


                                          Milne Law Group, P.A.
                           301 E, Pine Street * Suite 525 « Orlando, FL 32801
                    (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
e-mail and attachments, correspondence, memoranda, notes, diaries, minutes, statistics, letters,

texts, telegrams,       minutes,       contracts, reports, studies, checks,          statements, tags, labels, invoices,

brochures, periodicals, telegrams, receipts, returns, summaries, pamphlets, books and interoffice

memoranda/communications,                  offers,    notations    of any      sort of conversations,      working     papers,

applications, permits, file wrappers, indices, telephone calls, meetings or printouts, teletypes,

telefax, invoices, worksheets, and all drafts, alterations, modifications, changes and amendments

of any of the foregoing), graphic or aural representations of any kind (including without limitation,

photographs,        charts,     microfiche,        microfilm,     videotape,     recordings,     motions   pictures,     plans,

drawings,        surveys      and    electronic,     mechanical,      magnetic,      optical     or electronic   records     or

representations or any kind (including without limitation, computer files and programs, tapes,

cassettes, discs, recordings, CDs, USB flash drives), including metadata.


           (d)      The “Project” means the VILLAS AT EMERALD                                  LAKE residential property,

individual units, and townhomes,                   located at Villas at Emerald Lake, in Kissimmee,                    Osceola

County, Florida 34744.


                                             DOCUM!                 REQUESTED


           1    Each internal memorandum, correspondence and other document prepared by or
for you in scheduling, monitoring review or in any other matter relating to the construction of the
Project.

           RESPONSE:




                                                     Milne Law Group, P.A.
                                    301 E, Pine Street * Suite 525 « Orlando, FL 32801
                        (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
2         All work schedules, progress schedules in original electronic media form, time logs,
bar   charts,   projections,    time   tables,    revisions,   amendments   or updates    or any   other   similar
documents, including summaries, developed or utilized, or both, by you or any other person in
connection with the Project.

         RESPONSE:




        3      All memoranda, reports, minutes or other documents pertaining to pre-job
meetings, progress meetings or other meetings between any party performing work on the Project.

         RESPONSE:




         4        All bid documents pertaining to the Project e.g., work sheets, project/bid analysis
and the like.

         RESPONSE:




         5      All change orders, field orders, work orders and proposals for changes in the work
on the project, approved or not or made a part of the Contract between you and the Owner or
between you and any subcontractor.

         RESPONSE:




        6.     Any and all correspondence between                     any   party   and   DEAN     NESBIT,      all
subcontractors, or suppliers relating to the Project.

         RESPONSE:




                                                 Milne Law Group, P.A.
                               301 E, Pine Street * Suite 525 « Orlando, FL 32801
                      (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
7
               Any and all correspondence between any person or entities relating to, or referring
to, in any way to the Project and/or any issue involved in this matter.

       RESPONSE:




       8       Any and all requests for information concerning this Project.

       RESPONSE:




        9.      Copies of all working drawings in DEAN NESBIT's possession or control and
specifications used to construct the Project, including, but not limited to, shop drawings, addenda
changes, change orders, amendments and/or modifications.

       RESPONSE:




        10.    Any and all design revision bulletins or similar documents pertaining to the Project.

       RESPONSE:




       11.     Any and all copies or drafts of the Project schedules, including in original electronic
media form.

       RESPONSE:




                                      Milne Law Group, P.A.
                         301 E, Pine Street * Suite 525 « Orlando, FL 32801
                  (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
12.    Any and all documents reflecting a request by the architect, general contractor,
construction manager, any and all subcontractors or suppliers on the Project to revise the design
documents, construction documents, or plans and specifications pertaining to the Project.

           RESPONSE:




           13.   Any and all photographs, sketches, diagrams, videos, or depictions of any kind
relating to the Project, repairs or restoration, construction deficiencies, alleged construction
deficiencies, or any other item made to document the progress of the Project, or any damages or
claims during the construction of said Project.

           RESPONSE:




           14.   Any and all proposals, agreements, warranties, or contracts whether executed or
merely proposed, plus any and all addendums, amendments, or change orders to any and all
contractual agreements between any of the parties and any subcontractor or other entities on the
Project.

           RESPONSE:




           15.   All daily reports, field reports, logs, records, dated diaries, or other documents
reflecting the progress, conditions, and activities on the Project.

           RESPONSE:




                                       Milne Law Group, P.A.
                          301 E, Pine Street * Suite 525 « Orlando, FL 32801
                   (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
16.   All memoranda, reports, meetings, or other documents pertaining to construction
meetings, progress meetings, or other meetings between any parties performing work on the
Project.

           RESPONSE:




           17.   All documents or drawings depicting as built conditions at the Project.

           RESPONSE:




           18.   All submittals, shop drawings, approvals, rejections, and samples regarding the
Project.

           RESPONSE:




           19.   Any and all testing reports on materials and work related to the Project.

           RESPONSE:




           20.   Any and all reports, documents, papers, or working notes from any and all experts
or consultants retained by DEAN NESBIT to assist them in the matter.

           RESPONSE:




                                       Milne Law Group, P.A.
                          301 E, Pine Street * Suite 525 « Orlando, FL 32801
                   (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
21.    Any and all correspondence, documents, calculations, or other papers whatsoever
concerning "value engineering.”

       RESPONSE:




        22.    Any and all notices, papers, documents, or correspondence by or to any
subcontractor regarding any issues associated with the Project and/or work on the Project by any
subcontractor.

       RESPONSE:




        23.     Any and all insurance policies that may provide any coverage for any of the claims
alleged in this cause of action including applicable declarations page[s].

       RESPONSE:




         24.    Copies of any and all requests for payment and any and all checks or other payment
drafts for work performed or services provided relating to the Project.

       RESPONSE:




                                     Milne Law Group, P.A.
                        301 E, Pine Street * Suite 525 « Orlando, FL 32801
                  (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
25.    Any and all computer files, e-mails in original electronic media form, electronic
data files of any kind, removable disk drives and hard disk drives of or any subcontractor that
contain or may have contained information related to the Project in the possession and control of
DEAN NESBIT.

        RESPONSE:




        26.    Any and all building inspection reports and any         documents   relating to the
inspection and supervision by any entity or entities of the Project.

        RESPONSE:




        27.    Any and all testing reports of any kind concerning the Project.

        RESPONSE:




         28.   Any and all re-sequencing orders, delay requests, or stop work orders concerning
the Project.

        RESPONSE:




        29.    Any and all notices of default of any kind.

        RESPONSE:




                                      Milne Law Group, P.A.
                        301 E, Pine Street * Suite 525 « Orlando, FL 32801
                  (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
30.     Any and all logs of correspondence and documentation.

       RESPONSE:




        31.    Any and all transmittals and transmittal logs.

       RESPONSE:




        32.    Any and all telephone logs and/or telephone memorandums or messages.

       RESPONSE:




         33.     Any and all notes, transcriptions, or audio or video tapes of meetings or conferences
relating to the Project.

       RESPONSE:




       34.     Any and all cost reports prepared by any entity related to the Project.

       RESPONSE:




                                       Milne Law Group, P.A.
                         301 E, Pine Street * Suite 525 « Orlando, FL 32801
                  (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
35.      Any and all lists of alleged damages and costs for alleged damages concerning this
Project in this matter.

        RESPONSE:




        36.      Any and all reports and/or correspondence to or from any experts you plan to call
to testify at the trial of this cause.

        RESPONSE:




        37.     Any and all documents reflecting any remediation of the Project, including but not
limited to, drawings, specifications, photographs, plans, budgeting, bids, bids analysis, blueprints,
shop drawings, contracts and change orders.

        RESPONSE:




        38.     Any and all electronic, magnetic, optical, digital and/or other nonphysical files,
data, recordings, or versions of the files, folders, documents, records and/ or things

                 a.       heretofore produced by DEAN NESBIT and/or its privies herein; and/or

                 b        described in and/or responsive to any production request filed and/or served
                          herein, including but not limited to, as related to the Project.

        RESPONSE:




                                         Milne Law Group, P.A.
                            301 E, Pine Street * Suite 525 « Orlando, FL 32801
                      (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
39.     Any and all word-processing, spreadsheet, database, data, mail, calendar, message,
image   (including photographs and/or, to the extent not already produced herein, imaged
documents),   video, graphical, CAD,        animation,   3D/virtual reality, sound, archive, and/or other
electronic files related to the Project.

        RESPONSE:




        40.     Any and all computer files related to the Project with the following extensions or
of the following types: *.DOC (Microsoft Word); *.WPD (WordPerfect); *.DWG; *.DXF; *.MDB
(Microsoft Access); *.DBF; *.FM* (FileMaker); *.P3 (Primavera); *.PPT, *.PPS (Microsoft
PowerPoint); *MPP (Microsoft Project); *.PRN; * .XLS (Microsoft Excel); * .PST (Microsoft
Outlook); * .EML or * .MSG ( other mail messages); *.PDF.

        RESPONSE:

        41.     Any and all e-mails and attachments in original electronic media form between
from, or to (incl. ce or bec)

                a        Any of DEAN NESBIT’s personnel; and/or,

                b.       Any third party;
                         But not including e-mails exclusively between          DEAN    NESBIT    and its
                         counsel; and
                         Any and all backup and/or archive files of or containing the foregoing.


        RESPONSE:




                                           Milne Law Group, P.A.
                          301 E, Pine Street * Suite 525 « Orlando, FL 32801
                     (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
42.     If any document is withheld on any claim of privilege, or otherwise, pursuant to
current law; state the following:

              a.       The basis of the privilege claim;
              b        The author of the document;
              ¢.       The date of the document;
                       The recipient or intended recipient of the document;
                       A brief description of the substance of the document; and
                       All persons who received copies of the document or were shown copies of
                       the document, along with an identification of each such person.

       RESPONSE:




                                                      Respectfully submitted,


                                                      4/ Peter J. Kapsales
                                                      PETER J. KAPSALES, ESQ.
                                                      Florida Bar No.: 91176
                                                      SHAWN M. TRAUTMAN, ESQ.
                                                      Florida Bar No.: 124269
                                                      MILNE LAW GROUP, P.A.
                                                      301 East Pine Street, Suite 525
                                                      Orlando, Florida 32801
                                                      Tel:      (321) 558-7700
                                                      Fax:     (407) 641-2111
                                                      Email: pkapsales@milnelawgroup.com
                                                                strautman@milnelawgroup.com
                                                                eservice@milnelawgroup.com
                                                      Attorneys for Defendant/Third-Party
                                                      Plaintiff, Weathermaster Building Products,
                                                      Inc.



                                      Milne Law Group, P.A.
                        301 E, Pine Street * Suite 525 « Orlando, FL 32801
                   (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com
CERTIFICATE OF SERVICE


       WE HEREBY         CERTIFY that on this 7th day of July 2021, a true and correct copy of

the foregoing was filed with the Clerk of the Circuit Court using the Florida Courts’ e-Filing Portal,

which will deliver electronic copies of said filing pursuant to Fla. R. Jud. Admin. 2.516 to the

designated email addresses of all counsel of record.



                                                  By: /s/ PeterJ. Kapsales
                                                      PETER J. KAPSALES, ESQ.




                                       Milne Law Group, P.A.
                         301 E, Pine Street * Suite 525 « Orlando, FL 32801
                  (321) 558-7700 * (407) 641-2111-Fax * www.milnelawgroup.com