Preview
Filing # 49128931 E-Filed 11/21/2016 10:26:33 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO. 2016-CA-04103-O
COMMERCIAL BUSINESS FINANCE, CORP.
d/b/a COMMERCIAL BUSINESS FINANCE, a
Florida corporation,
Plaintiff,
v.
ATLANTIC CONTROLS CORP., a Florida
corporation, ANTHONY W. BROWN,
individually, jointly and severally, ALLEN
ELECTRIC SUPPLY CO., a Michigan corporation,
and RICHARD S. GALL, an individual,
Defendants.
___________________________________/
PLAINTIFF COMMERCIAL BUSINESS FINANCE CORP.’S RESPONSES
AND OBJECTIONS TO DEFENDANTS ATLANTIC CONTROLS CORP.’S AND
ANTHONY W. BROWN’S REQUEST FOR PRODUCTION OF DOCUMENTS
Plaintiff Commercial Business Finance Corp. d/b/a Commercial Business Finance
(“CBF”), by and through the undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby
files and serves its Responses and Objections to Defendants Atlantic Controls Corp.’s
(“Atlantic”) and Anthony W. Brown’s (“Brown”) (collectively, the “Defendants”) Requests for
Production of Documents to CBF (the “Requests”), and states as follows:
GENERAL OBJECTIONS
1. CBF objects to Definition No. 1 regarding “you” and “your.” The Definition is
overbroad to the extent Defendants attempt to extend the scope of the Requests to information in
the possession, custody or control of CBF’s attorneys and accountants, including their agents and
employees. Such information is protected by the attorney-client and accountant-client privileges.
2. Any documents produced by CBF in response in to this First Request for
Production will be produced as such documents are kept in the usual course of CBF’s business
and CBF will make such documents available on a date and time mutually agreed to by the
parties.
Commercial Business Finance v. Cornerstone Home Care Services, LLC, et. al
Case No. 2016-CA-1821-O
CBF’s Responses and Objections to Atlantic and Brown’s
First Requests for Production
Page 2 of 4
RESPONSES AND OBJECTIONS
1. Any and all documents evidencing, relating to, or concerning communications between
you and Allen Electric Supply Co. (hereinafter “Allen Electric”) between June 12, 2014 and the
date of the filing of this lawsuit.
Response: CBF objects to Request No. 1 to the extent that it seeks to require CBF to produce
documents that are confidential and thereby protected from disclosure. CBF further objects to
Request No. 1 as it seeks discovery not relevant to the subject matter of this pending action and
does not appear reasonably calculated to lead to the discovery of admissible evidence and is
therefore not within the scope of discovery permitted by Fla. R. Civ. P. 1.280(b). Without waiver
of said objections, CBF will produce all non-privileged and non-confidential documents within
its possession, custody or control which may be responsive to this Request at a date and time to
be mutually agreed upon by the parties.
2. Any and all documents evidencing, relating to, or concerning communications between
you and Allen Electric and/or Gall regarding Atlantic Controls Corp.
Response: CBF objects to Request No. 2 to the extent that it seeks to require CBF to produce
documents that are confidential and thereby protected from disclosure. CBF further objects to
Request No. 2 as it seeks discovery not relevant to the subject matter of this pending action and
does not appear reasonably calculated to lead to the discovery of admissible evidence and is
therefore not within the scope of discovery permitted by Fla. R. Civ. P. 1.280(b). Without waiver
of said objections, CBF will produce all non-privileged and non-confidential documents within
its possession, custody or control which may be responsive to this Request at a date and time to
be mutually agreed upon by the parties.
3. Any and all documents evidencing, relating to, concerning, or reflecting payments
received by or made to you which were collected on behalf of, due and owing to, or otherwise
collected on behalf of, Atlantic Control Corp.
Response: CBF objects to Request No. 3 as vague, ambiguous, and facially overbroad.
Without waiver of said objections, CBF will produce a Client Summary Report, Inventory Line
Client Summary, Collections Reports, Reserve Report, and Inventory Line Reserve Report in
response to this Request.
4. Any and all documents evidencing, relating to, or concerning the settlement by and
between you and any other party to this lawsuit, specifically including but not limited to proof of
funds received pursuant to that settlement.
Response: CBF objects to Request No. 4 to the extent that it seeks to require CBF to produce
documents that are confidential and thereby protected from disclosure. CBF further objects to
Request No. 4 as it seeks discovery not relevant to the subject matter of the claims and defenses
pending by and between CBF, Atlantic and Brown and does not appear reasonably calculated to
lead to the discovery of admissible evidence and s therefore not within the scope of discovery
permitted by Fla. R. Civ. P. 1.280(b).
Commercial Business Finance v. Cornerstone Home Care Services, LLC, et. al
Case No. 2016-CA-1821-O
CBF’s Responses and Objections to Atlantic and Brown’s
First Requests for Production
Page 3 of 4
5. Any and all documents evidencing, relating to, or concerning any modification agreement
by and between you and Atlantic Controls.
Response: CBF will produce all documents within its possession, custody or control which
may be responsive to this Request at a date and time to be mutually agreed upon by the parties.
6. Any and all documents evidencing, relating to, or concerning notice received by you
from any customer of Atlantic Control Corp. as identified in Paragraph 21 of the Complaint.
Response: CBF objects to Request No. 6 to the extent that itseeks to require counsel for
CBF to identify documents, communications and information protected by the work product
privilege. Fla. R. Civ. P. 1.280(b)(4) absolutely protects a party against having to furnish
discovery that will require disclosure of mental impressions, conclusions, opinions or legal
theories of the party’s attorney concerning the litigation. Without waiver of said objection, CBF
will produce all non-privileged documents within its possession, custody or control which may
be responsive to this Request at a date and time to be mutually agreed upon by the parties.
7. Any and all documents evidencing, relating to, or concerning all communications with
customers of Atlantic.
Response: CBF objects to the phrase “Any and all documents” as facially overbroad as the
Request is not limited in time or scope. CBF further objects to Request No. 7 to the extent that it
seeks discovery not relevant to the subject matter of this pending action and does not appear
reasonably calculated to lead to the discovery of admissible evidence and is therefore not within
the scope of discovery permitted by Fla. R. Civ. P. 1.280(b).
8. Any and all documents evidencing, relating to, or concerning communications between
you and any party (including parties to this lawsuit and third parties not party to this suit) relating
to the subject matter of this lawsuit.
Response: CBF objects to Request No. 8 to the extent that it seeks to require CBF to produce
documents that are confidential and thereby protected from disclosure. CBF objects to the phrase
“relating to the subject matter of this lawsuit” as facially overbroad. CBF objects to Request No.
8 to the extent that it seeks to require counsel for CBF to identify documents, communications
and information protected by the work product privilege. Fla. R. Civ. P. 1.280(b)(4) absolutely
protects a party against having to furnish discovery that will require disclosure of mental
impressions, conclusions, opinions or legal theories of the party’s attorney concerning the
litigation.
9. Any and all documents evidencing, relating to, or received from Allen Electric or Gall
relating to the subject matter of this lawsuit.
Response: CBF objects to the phrase “evidencing, relating to, or received from” as vague
and ambiguous. CBF further objects to Request No. 9 to the extent that it seeks to require CBF to
produce documents that are confidential and thereby protected from disclosure.
Commercial Business Finance v. Cornerstone Home Care Services, LLC, et. al
Case No. 2016-CA-1821-O
CBF’s Responses and Objections to Atlantic and Brown’s
First Requests for Production
Page 4 of 4
10. Any and all records, ledgers and other documentation or data reflecting all payments
received from Atlantic Controls since June 12, 2014.
Response: CBF has not received any payments from Atlantic Controls since June 12, 2014
and therefore is not currently in possession, custody or control of documents responsive to
Request No. 10.
Respectfully submitted,
ULLMAN & ULLMAN, P.A.
Attorneys for Commercial Business Finance Corp.
7700 West Camino Real, Suite 401
Boca Raton, Florida 33433
Telephone: (561) 338-3535
Facsimile: (561) 338-3581
BY: /s/ Jocelyne A. Macelloni
JOCELYNE A. MACELLONI
Florida Bar No. 92092
Email: jocelyne.macelloni@uulaw.net
MICHAEL W. ULLMAN
Florida Bar No. 259667
Email: michael.ullman@uulaw.net
JARED A. ULLMAN
Florida Bar No. 90500
Email: jared.ullman@uulaw.net
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served upon
all counsel of record, via the court’s e-Filing portal, in accordance with Rule 2.516(b)(1) of the
Florida Rules of Judicial Administration, on this 21st day of November, 2016.
By: /s/ Jocelyne A. Macelloni
JOCELYNE A. MACELLONI
G:\wp51 16\160016\Discovery\Commercials Response to RFP.(Atlantic Control
Anthony Brown)(11-21-16) FINAL.docx
Preview
Filing # 49128931 E-Filed 11/21/2016 10:26:33 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. 2016-CA-04103-O COMMERCIAL BUSINESS FINANCE, CORP. d/b/a COMMERCIAL BUSINESS FINANCE, a Florida corporation, Plaintiff, v. ATLANTIC CONTROLS CORP., a Florida corporation, ANTHONY W. BROWN, individually, jointly and severally, ALLEN ELECTRIC SUPPLY CO., a Michigan corporation, and RICHARD S. GALL, an individual, Defendants. ___________________________________/ PLAINTIFF COMMERCIAL BUSINESS FINANCE CORP.’S RESPONSES AND OBJECTIONS TO DEFENDANTS ATLANTIC CONTROLS CORP.’S AND ANTHONY W. BROWN’S REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff Commercial Business Finance Corp. d/b/a Commercial Business Finance (“CBF”), by and through the undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby files and serves its Responses and Objections to Defendants Atlantic Controls Corp.’s (“Atlantic”) and Anthony W. Brown’s (“Brown”) (collectively, the “Defendants”) Requests for Production of Documents to CBF (the “Requests”), and states as follows: GENERAL OBJECTIONS 1. CBF objects to Definition No. 1 regarding “you” and “your.” The Definition is overbroad to the extent Defendants attempt to extend the scope of the Requests to information in the possession, custody or control of CBF’s attorneys and accountants, including their agents and employees. Such information is protected by the attorney-client and accountant-client privileges. 2. Any documents produced by CBF in response in to this First Request for Production will be produced as such documents are kept in the usual course of CBF’s business and CBF will make such documents available on a date and time mutually agreed to by the parties. Commercial Business Finance v. Cornerstone Home Care Services, LLC, et. al Case No. 2016-CA-1821-O CBF’s Responses and Objections to Atlantic and Brown’s First Requests for Production Page 2 of 4 RESPONSES AND OBJECTIONS 1. Any and all documents evidencing, relating to, or concerning communications between you and Allen Electric Supply Co. (hereinafter “Allen Electric”) between June 12, 2014 and the date of the filing of this lawsuit. Response: CBF objects to Request No. 1 to the extent that it seeks to require CBF to produce documents that are confidential and thereby protected from disclosure. CBF further objects to Request No. 1 as it seeks discovery not relevant to the subject matter of this pending action and does not appear reasonably calculated to lead to the discovery of admissible evidence and is therefore not within the scope of discovery permitted by Fla. R. Civ. P. 1.280(b). Without waiver of said objections, CBF will produce all non-privileged and non-confidential documents within its possession, custody or control which may be responsive to this Request at a date and time to be mutually agreed upon by the parties. 2. Any and all documents evidencing, relating to, or concerning communications between you and Allen Electric and/or Gall regarding Atlantic Controls Corp. Response: CBF objects to Request No. 2 to the extent that it seeks to require CBF to produce documents that are confidential and thereby protected from disclosure. CBF further objects to Request No. 2 as it seeks discovery not relevant to the subject matter of this pending action and does not appear reasonably calculated to lead to the discovery of admissible evidence and is therefore not within the scope of discovery permitted by Fla. R. Civ. P. 1.280(b). Without waiver of said objections, CBF will produce all non-privileged and non-confidential documents within its possession, custody or control which may be responsive to this Request at a date and time to be mutually agreed upon by the parties. 3. Any and all documents evidencing, relating to, concerning, or reflecting payments received by or made to you which were collected on behalf of, due and owing to, or otherwise collected on behalf of, Atlantic Control Corp. Response: CBF objects to Request No. 3 as vague, ambiguous, and facially overbroad. Without waiver of said objections, CBF will produce a Client Summary Report, Inventory Line Client Summary, Collections Reports, Reserve Report, and Inventory Line Reserve Report in response to this Request. 4. Any and all documents evidencing, relating to, or concerning the settlement by and between you and any other party to this lawsuit, specifically including but not limited to proof of funds received pursuant to that settlement. Response: CBF objects to Request No. 4 to the extent that it seeks to require CBF to produce documents that are confidential and thereby protected from disclosure. CBF further objects to Request No. 4 as it seeks discovery not relevant to the subject matter of the claims and defenses pending by and between CBF, Atlantic and Brown and does not appear reasonably calculated to lead to the discovery of admissible evidence and s therefore not within the scope of discovery permitted by Fla. R. Civ. P. 1.280(b). Commercial Business Finance v. Cornerstone Home Care Services, LLC, et. al Case No. 2016-CA-1821-O CBF’s Responses and Objections to Atlantic and Brown’s First Requests for Production Page 3 of 4 5. Any and all documents evidencing, relating to, or concerning any modification agreement by and between you and Atlantic Controls. Response: CBF will produce all documents within its possession, custody or control which may be responsive to this Request at a date and time to be mutually agreed upon by the parties. 6. Any and all documents evidencing, relating to, or concerning notice received by you from any customer of Atlantic Control Corp. as identified in Paragraph 21 of the Complaint. Response: CBF objects to Request No. 6 to the extent that itseeks to require counsel for CBF to identify documents, communications and information protected by the work product privilege. Fla. R. Civ. P. 1.280(b)(4) absolutely protects a party against having to furnish discovery that will require disclosure of mental impressions, conclusions, opinions or legal theories of the party’s attorney concerning the litigation. Without waiver of said objection, CBF will produce all non-privileged documents within its possession, custody or control which may be responsive to this Request at a date and time to be mutually agreed upon by the parties. 7. Any and all documents evidencing, relating to, or concerning all communications with customers of Atlantic. Response: CBF objects to the phrase “Any and all documents” as facially overbroad as the Request is not limited in time or scope. CBF further objects to Request No. 7 to the extent that it seeks discovery not relevant to the subject matter of this pending action and does not appear reasonably calculated to lead to the discovery of admissible evidence and is therefore not within the scope of discovery permitted by Fla. R. Civ. P. 1.280(b). 8. Any and all documents evidencing, relating to, or concerning communications between you and any party (including parties to this lawsuit and third parties not party to this suit) relating to the subject matter of this lawsuit. Response: CBF objects to Request No. 8 to the extent that it seeks to require CBF to produce documents that are confidential and thereby protected from disclosure. CBF objects to the phrase “relating to the subject matter of this lawsuit” as facially overbroad. CBF objects to Request No. 8 to the extent that it seeks to require counsel for CBF to identify documents, communications and information protected by the work product privilege. Fla. R. Civ. P. 1.280(b)(4) absolutely protects a party against having to furnish discovery that will require disclosure of mental impressions, conclusions, opinions or legal theories of the party’s attorney concerning the litigation. 9. Any and all documents evidencing, relating to, or received from Allen Electric or Gall relating to the subject matter of this lawsuit. Response: CBF objects to the phrase “evidencing, relating to, or received from” as vague and ambiguous. CBF further objects to Request No. 9 to the extent that it seeks to require CBF to produce documents that are confidential and thereby protected from disclosure. Commercial Business Finance v. Cornerstone Home Care Services, LLC, et. al Case No. 2016-CA-1821-O CBF’s Responses and Objections to Atlantic and Brown’s First Requests for Production Page 4 of 4 10. Any and all records, ledgers and other documentation or data reflecting all payments received from Atlantic Controls since June 12, 2014. Response: CBF has not received any payments from Atlantic Controls since June 12, 2014 and therefore is not currently in possession, custody or control of documents responsive to Request No. 10. Respectfully submitted, ULLMAN & ULLMAN, P.A. Attorneys for Commercial Business Finance Corp. 7700 West Camino Real, Suite 401 Boca Raton, Florida 33433 Telephone: (561) 338-3535 Facsimile: (561) 338-3581 BY: /s/ Jocelyne A. Macelloni JOCELYNE A. MACELLONI Florida Bar No. 92092 Email: jocelyne.macelloni@uulaw.net MICHAEL W. ULLMAN Florida Bar No. 259667 Email: michael.ullman@uulaw.net JARED A. ULLMAN Florida Bar No. 90500 Email: jared.ullman@uulaw.net CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served upon all counsel of record, via the court’s e-Filing portal, in accordance with Rule 2.516(b)(1) of the Florida Rules of Judicial Administration, on this 21st day of November, 2016. By: /s/ Jocelyne A. Macelloni JOCELYNE A. MACELLONI G:\wp51 16\160016\Discovery\Commercials Response to RFP.(Atlantic Control Anthony Brown)(11-21-16) FINAL.docx