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CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT,
PALM BEACH COUNTY, FLORIDA
52008:CA 0.0.22 26 XXXX NB
DANIEL J. SHEPHERD and JOHN FARINA,
TRUSTEES, Gaunnnay
t ao
Plaintiffs, 2 S Feo
v. aS fit.
MARK SKEFFINGTON, Soe
— =
= 3
Defendant./ o =
a [3
REQUEST FOR PRODUCTION
Plaintiffs, DANIEL J. SHEPHERD and JOHN FARINA, TRUSTEES, by and through their
undersigned counsel, requests Defendant, MARK SKEFFINGTON, in accordance with the applicable
Fla.R.Civ.P., Rule 1.350, to produce at the office of the undersigned attorney within 45 days hereof,
the original and all copies of the following documents described below as are in the possession,
custody or control of Defendant, or as are in the possession, custody or control of any agent,
servant or representative of Defendant.
DEFINITIONS
Unless otherwise specifically indicated, the following definitions shall apply throughout this
request for production:
1. The word "document" means any written or graphic matter or other means of
preserving thought or expression, and all tangible things from which information can be processed
or transcribed, including the originals and all nonidentical copies, whether different from the
original by reason of any notation made on such copy or otherwise, including but not limited to,
records, correspondence, memoranda, notes, messages, letters, reports, appointment books,
diaries, journals, telegrams, teletypes, facsimiles, bulletins, notes of meetings or other
communications, interoffice telephone call charts, ledgers, invoices, worksheets, receipts, returns,
computer printouts, documents stored in computers or word processing equipment, prospectuses,
financial statements, schedules, affidavits, contracts, canceled checks, computations, transcripts,
statistics, surveys, magazine or newspaper articles, releases, transcripts, bills, calendars (any and
all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphs
or aural records or representations of any kind, including without limitation, photographs, charts,
graphs, microfiche, microfilm, videotape, recordings, motion pictures and electronic, mechanical
or electric recordings or representations of any kind (including without limitation, tapes, cassettes,
discs and recordings), and including files and file covers.2. The term "all documents" means every document or group of documents for
communication as above-defined known to you and every such document or communication which
can be located or discovered by reasonably diligent effort.
3. The term "you" and "your" means the party to whom this request is addressed,
including the party's employees, agents, attorneys and all other persons acting or purporting to act
on the party's behalf.
4, "Person" means any natural person, individual, proprietorship, partnership,
corporation, association, organization, joint venture, firm or other business enterprise,
governmental agency or body, group of natural persons, or other organization or legal or business
entity.
5. "And" and "Or" shall be construed disjunctively or conjunctively as necessary in
order to bring within the scope of each request all documents which otherwise would be construed
to be outside its scope.
6. "Relating in any way to” shall also mean concerning, respecting, referring to,
summarizing, digesting, embodying, reflecting, establishing, tending to establish, derogating from,
tending not to establish, evidencing, not evidencing, comprising, connected with, commenting on,
responding to, disagreeing with, showing, describing, analyzing, representing, arising out of, or
constituting, as necessary in order to bring within the scope of each request all documents which
otherwise would be construed to be outside its scope.
7. The term “Lease” refers to the Lease which capitalized term used herein shall have
the meaning ascribed to it in Plaintiff's Complaint.
8. As used herein, the singular and masculine form of noun and pronoun shall
embrace, and be read and applied as, the plural or feminine or neuter, as circumstances may make
appropriate.
INSTRUCTIONS
1. In producing documents requested herein, you shall produce documents in full,
without abridgement, abbreviation or expurgation of any sort.
2. The documents or categories of documents that you contend are responsive to each
separate request and their location should be set forth in your written response pursuant to
Fla.R.Civ.P., Rule 1.350(b). All documents responsive to each request should then be produced
in the order in which they are kept in the ordinary course of your business activities, or segregated
in accordance with the numbered and lettered paragraphs and subparagraphs herein.
3. If you object in part to any request for production, please produce the portion of
documents requested to which you do not object and state your objection to the remainder.
4. If privilege is claimed with respect to any document, please provide the following
information:
-2-a. date of the document.
b. author of the document.
c addressee of the document.
d, citation of authority supporting claim of privilege.
e. statement of facts that you contend establish the document to be privileged.
5. All documents requested herein which have been destroyed, placed beyond your
control, or otherwise disposed of, shall be identified by:
date of the document.
author of the document.
addressee of the document.
type of document.
subject matter of the document.
number of pages for each document.
number of attachments or appendices to each document.
indicated or blind copies of each document.
all persons to whom distributed, shown or explained.
date of destruction or other disposition of each document.
reason for destruction or other disposition of each document.
person authorizing destruction or other disposition of each document.
person destroying or otherwise disposing of each document.
if not destroyed, person in possession of document otherwise disposed of.
para ES se mPaNTD
PRODUCTION
1. Copies of any and all records or other documents evidencing payment on the Lease.
2. Copies of any and all correspondence, internal memoranda, notes or documents
which evidence any notices of default during the entire term of the Lease and any extensions
thereof.
3. Copies of any and all recordings evidencing or supporting any defenses to this
action.
4. Copies of any and all documents contained within any Lease file regarding the Lease
which is the subject matter of this action.
5. Copies of any and all correspondence, internal memoranda, notes or documents
which discuss, mention or pertain to the Lease which are the subject of this action. If you claim
any such documents are privileged, provide a schedule listing the date and parties of all such
privilege documents and produce all other documents to which no privilege is asserted.
-3-6. Copies of any and all statements, deposit receipts, canceled checks or other
documents regarding any and all transactions upon any and all business accounts maintained by
Defendant, from August 7, 2006, to the present which relate to rental payments made under the
Lease.
I HEREBY CERTIFY that a true copy of the foregoing was delivered to a process server for
service upon the Defendant together with the Summons and Complaint in this matter.
DATED: January 22, 2008.
LAW OFFICES OF RICHARD S. COHEN, LLC
By:
RICHARD S. COHEN
Attorney for Plaintiffs
FL Bar No.: 329983
1806 Old Okeechobee Road
West Palm Beach, Florida 33409
Phone: 561-684-7701; Fax: 561-615-6265
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CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, PALM BEACH COUNTY, FLORIDA 52008:CA 0.0.22 26 XXXX NB DANIEL J. SHEPHERD and JOHN FARINA, TRUSTEES, Gaunnnay t ao Plaintiffs, 2 S Feo v. aS fit. MARK SKEFFINGTON, Soe — = = 3 Defendant./ o = a [3 REQUEST FOR PRODUCTION Plaintiffs, DANIEL J. SHEPHERD and JOHN FARINA, TRUSTEES, by and through their undersigned counsel, requests Defendant, MARK SKEFFINGTON, in accordance with the applicable Fla.R.Civ.P., Rule 1.350, to produce at the office of the undersigned attorney within 45 days hereof, the original and all copies of the following documents described below as are in the possession, custody or control of Defendant, or as are in the possession, custody or control of any agent, servant or representative of Defendant. DEFINITIONS Unless otherwise specifically indicated, the following definitions shall apply throughout this request for production: 1. The word "document" means any written or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be processed or transcribed, including the originals and all nonidentical copies, whether different from the original by reason of any notation made on such copy or otherwise, including but not limited to, records, correspondence, memoranda, notes, messages, letters, reports, appointment books, diaries, journals, telegrams, teletypes, facsimiles, bulletins, notes of meetings or other communications, interoffice telephone call charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, documents stored in computers or word processing equipment, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, computations, transcripts, statistics, surveys, magazine or newspaper articles, releases, transcripts, bills, calendars (any and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphs or aural records or representations of any kind, including without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures and electronic, mechanical or electric recordings or representations of any kind (including without limitation, tapes, cassettes, discs and recordings), and including files and file covers.2. The term "all documents" means every document or group of documents for communication as above-defined known to you and every such document or communication which can be located or discovered by reasonably diligent effort. 3. The term "you" and "your" means the party to whom this request is addressed, including the party's employees, agents, attorneys and all other persons acting or purporting to act on the party's behalf. 4, "Person" means any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm or other business enterprise, governmental agency or body, group of natural persons, or other organization or legal or business entity. 5. "And" and "Or" shall be construed disjunctively or conjunctively as necessary in order to bring within the scope of each request all documents which otherwise would be construed to be outside its scope. 6. "Relating in any way to” shall also mean concerning, respecting, referring to, summarizing, digesting, embodying, reflecting, establishing, tending to establish, derogating from, tending not to establish, evidencing, not evidencing, comprising, connected with, commenting on, responding to, disagreeing with, showing, describing, analyzing, representing, arising out of, or constituting, as necessary in order to bring within the scope of each request all documents which otherwise would be construed to be outside its scope. 7. The term “Lease” refers to the Lease which capitalized term used herein shall have the meaning ascribed to it in Plaintiff's Complaint. 8. As used herein, the singular and masculine form of noun and pronoun shall embrace, and be read and applied as, the plural or feminine or neuter, as circumstances may make appropriate. INSTRUCTIONS 1. In producing documents requested herein, you shall produce documents in full, without abridgement, abbreviation or expurgation of any sort. 2. The documents or categories of documents that you contend are responsive to each separate request and their location should be set forth in your written response pursuant to Fla.R.Civ.P., Rule 1.350(b). All documents responsive to each request should then be produced in the order in which they are kept in the ordinary course of your business activities, or segregated in accordance with the numbered and lettered paragraphs and subparagraphs herein. 3. If you object in part to any request for production, please produce the portion of documents requested to which you do not object and state your objection to the remainder. 4. If privilege is claimed with respect to any document, please provide the following information: -2-a. date of the document. b. author of the document. c addressee of the document. d, citation of authority supporting claim of privilege. e. statement of facts that you contend establish the document to be privileged. 5. All documents requested herein which have been destroyed, placed beyond your control, or otherwise disposed of, shall be identified by: date of the document. author of the document. addressee of the document. type of document. subject matter of the document. number of pages for each document. number of attachments or appendices to each document. indicated or blind copies of each document. all persons to whom distributed, shown or explained. date of destruction or other disposition of each document. reason for destruction or other disposition of each document. person authorizing destruction or other disposition of each document. person destroying or otherwise disposing of each document. if not destroyed, person in possession of document otherwise disposed of. para ES se mPaNTD PRODUCTION 1. Copies of any and all records or other documents evidencing payment on the Lease. 2. Copies of any and all correspondence, internal memoranda, notes or documents which evidence any notices of default during the entire term of the Lease and any extensions thereof. 3. Copies of any and all recordings evidencing or supporting any defenses to this action. 4. Copies of any and all documents contained within any Lease file regarding the Lease which is the subject matter of this action. 5. Copies of any and all correspondence, internal memoranda, notes or documents which discuss, mention or pertain to the Lease which are the subject of this action. If you claim any such documents are privileged, provide a schedule listing the date and parties of all such privilege documents and produce all other documents to which no privilege is asserted. -3-6. Copies of any and all statements, deposit receipts, canceled checks or other documents regarding any and all transactions upon any and all business accounts maintained by Defendant, from August 7, 2006, to the present which relate to rental payments made under the Lease. I HEREBY CERTIFY that a true copy of the foregoing was delivered to a process server for service upon the Defendant together with the Summons and Complaint in this matter. DATED: January 22, 2008. LAW OFFICES OF RICHARD S. COHEN, LLC By: RICHARD S. COHEN Attorney for Plaintiffs FL Bar No.: 329983 1806 Old Okeechobee Road West Palm Beach, Florida 33409 Phone: 561-684-7701; Fax: 561-615-6265