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Filing # 43159195 E-Filed 06/23/2016 03:41:55 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff, Case No.: CACE 15-012905 (11)
VS.
RICARD C. PERITZ,; et. al.,
Defendant(s),
DEFENDANT’S SECOND REQUEST FOR PRODUCTION
COMES NOW the Defendant, RICHARD C. PERITZ (“DEFENDANT”), by and
through undersigned counsel, and pursuant to Rule 1.350 Fla. R. C. P. (2011) and Rule 1.380
Fla. R. C. P. (2011), hereby requests that the Plaintiff, FEDERAL NATIONAL MORTGAGE
ASSOCIATION (“PLAINTIFF”), produce the following documents:
Plaintiff has in its possession, custody or control, each of the foregoing documents and
objects. Each of them, and all of the matters hereinabove described, constitutes or contains
evidence relevant and material to a matter involved in this action. To the extent you believe any
of the requested documents may be privileged, please state precisely the basis for the privilege
and identify (by author, intended recipient, current custodian, and date of preparation) all
documents withheld under any such privilege. To the extent these requests seck documents and
information for which you assert no claim of privilege, Defendant requires that the documents be
produced within the time frame set forth above.
DEFINITIONS AND INSTRUCTIONS
As used herein, the words and phrases set out below shall have the meaning or meanings
prescribed to them. “Document” or “documents” shall mean every original (and every copy of
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/23/2016 3:41:55 PM.****FEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905
Request to Produce
any original or copy which differs in any way from any original) of every writing or recording of
any kind or description, whether handwritten, typed, drawn, sketched, printed or recorded by any
physical, mechanical, electronic or electrical means whatever, including without limitation,
books, records, computer listings, computer printouts, computer programs, and tapes upon which
information is stored, papers, pamphlets, brochures, circulars, advertisements, specifications,
blueprints, maps, plats, surveys, drawings, sketches, graphs, charts, plans, laboratory or
engineering reports, notebooks, worksheets, reports, lists, analyses, summaries, ledger accounts,
audits, inventories, tax returns, financial statements, profit and loss statements, cash flow
statements, annual or other periodic reports, prospectuses, registrations, correspondence,
communications, telegrams, solicitations, minutes, stock ledgers, stock certificates, licenses,
permits, calendars, appointment books, diaries, telephone bills and toll call records, expense
reports, balance sheets, accountant’s work papers, work sheets, commission statements,
itineraries, agendas, payroll records, notes, memoranda including inter-office memoranda,
checkbooks, canceled checks, receipts, contracts, agreements, instrument assignments,
applications, offers, acceptances, proposals, financing statements, documents of title, appraisals,
purchase orders, invoices, bills of lading, written memorials or oral communications, forecasts,
photographs, photographic slides or negatives, films, filmstrips, tapes and recordings.
1. The terms “you”, “your”, “yours” and “yourself” mean Plaintiff, its agents, assignees,
successors, employees, agents, contractors, and unless privileged, its attorneys.
2. “Related to” or “relating to” shall mean directly or indirectly mentioning or
describing, pertaining to, being connected with, or reflecting upon a stated subject matter.
Page 2 of 6
Civil Justice Advocates PL
28 W. Flagler Street, Ste: 608, Miami, Florida 33130
(30) 639-8791 * notices@cjapl.comFEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905
Request to Produce
3. The singular shall include the plural and the plural shall include the singular.
4. A masculine, feminine or neuter pronoun shall not exclude the other gender.
5. If a request for production is silent as to the time span for which production is
desired, production shall be made of all documents created for the immediately preceding five
(5) year period.
6. Each request shall extend to all documents which are or have been in the possession
or subject to the control of you, your officers, agents or employees at any time during the period
of time covered by this request.
7. “Identification” or “Identify” when referring to a document, shall mean to set forth
the author or originator, addressee, signators, date, title or subject matter, and the present
custodian of any copy thereof and the last known address of each such custodian.
8. The term “and” shall include the term “or” and the term “or” shall include the term
“and”. The term “each” shall include the term “every” and the term “every” shall include the
term “each.” The term “any” shall include the term “all” and the term “all” shall include the
term “any”.
DOCUMENTS UPON WHICH PRIVILEGE IS CLAIMED
For each document requested herein which is sought to be withheld under a claim of
privilege, provide the following information:
(a) The place, approximate date, and manner of recording or otherwise
preparing the document;
Page 3 of 6
Civil Justice Advocates PL
28 W. Flagler Street, Ste: 608, Miami, Florida 33130
(30) 639-8791 * notices@cjapl.comFEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905
Request to Produce
(b) The name and title of sender; and the name and title of the person who
received the document;
(c) The name of each person or persons (other than stenographic or clerical
assistant) participating in the preparation of the document;
(d) The name and corporation position, if any, of each person to whom the
contents of the documents have heretofore been communicated by copy, exhibition, reading or
substantial summarization;
(e) A statement of the basis on which privilege is claimed and whether or not
the subject matter of the contents of documents is limited to legal advice or information provided
for the purpose of securing legal advice;
(f) The number of the request to which the document is responsive; and
(g) The entity and corporate or business position, if any, of the person or
persons supplying the attorney with the information.
IDENTIFICATION OF DOCUMENTS
In an effort to promote an orderly presentation of documentary evidence in this case in
the event of a trial, and to insure full compliance with this process and facilitate the return of the
documents to the owners thereof when they are no longer required, Plaintiff should identify each
document produced in response to this request with the initials of the Plaintiff (or some other
identifying initials) and number each document consecutively, commencing with the number 1.
These markings should appear in the lower right hand corner of each document. Plaintiff also
should place the documents called for by each paragraph of this Request in a separate enclosure,
Page 4 of 6
Civil Justice Advocates PL
28 W. Flagler Street, Ste: 608, Miami, Florida 33130
(30) 639-8791 * notices@cjapl.comFEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905
Request to Produce
which should be marked with Plaintiff's name, date of the request and the paragraph of the
request to which the documents respond.
DOCUMENTS REQUESTED
1. Produce Fannie Mae Form 2005 for the loan which is the subject of this litigation.
Plaintiff has indicated that the note and mortgage which is the subject of this litigation is a
Federal National Mortgage Association (“Fannie Mae”) loan. For loans registered with MERS
(“Mortgage Electronic Registration System”), the document custodian MUST verify that the
Mortgage was transmitted on Schedule of Mortgages Form 2005. (Please refer to Paragraph 9
above for a definition and description of requested document.)
2. All loan servicing and collection notes.
3. All correspondence between the parties.
4. All documents, memorandum, notices, records, notes, internal memoranda, or
other documents relating to the date when the endorsement signed by Rochelle Livesay, Shipper,
was placed on the Promissory Note.
5. Provide a statement of all debts and credits to any suspense account related in any
way to the subject mortgage.
6. Produce all escrow analysis conducted on the subject mortgage loan.
7. Produce all records, notes, letters, documents, forms, memorandum, return
receipts, writings, and records, other than the notice itself, indicating all notices were sent and
received by Defendants pursuant to the Mortgage.
8. From the inception of the loan, produce all records including an itemized
transaction history, showing all debts, credits, and/or payments on the note and mortgage that are
the subject of this action, including but not limited to, all payments made by Defendants, escrow
advances, account fee activity, past due scheduled principal payments, interests, past due taxes,
property hazard insurance premiums, mortgage insurance premiums, late feees, postage,
Page 5 of 6
Civil Justice Advocates PL
28 W. Flagler Street, Ste: 608, Miami, Florida 33130
(30) 639-8791 * notices@cjapl.comFEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905
Request to Produce
homeowners association dues or assessments, property inspection fees, court costs and filing
fees, service of process fees, postage, UPS and FedEx fees, property preservation fees, legal and
attorney’s fees.
9. All documents Plaintiff intends to and/or expects to introduce into evidence at
trial of this matter. THIS IS A CONTINUING REQUEST REQUIRING UPDATE OR
PLAINTIFF'S RESPONSE TO THIS REQUEST UNTIL THE TRIAL OR OTHER
RESOLUTION OF THIS ACTION.
CERTIFICATE OF SERVICE
T HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by U.S. Mail on this 23 day of JUNE, 2016 to:
CHOICE LEGAL GROUP, P.A.
Christine Lankey Hall
P.O. Box 9908
Fort Lauderdale, Florida 33310-0908
Attorney for Plaintiff
Eservice@clegalgroup.com
Respectfully submitted,
CIVIL JUSTICE ADVOCATES, PL
28 W. Flagler Avenue, Suite 608
Miami, Florida 33180
Tel: (305) 639.8791
Fax: (786) 953.5195
By: foam Ut. Henncsecy
m Joann M. Hennessey
Florida Bar No.: 192465
a Ami Patel
Florida Bar No.: 85259
Page 6 of 6
Civil Justice Advocates PL
28 W. Flagler Street, Ste: 608, Miami, Florida 33130
(30) 639-8791 * notices@cjapl.com
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Filing # 43159195 E-Filed 06/23/2016 03:41:55 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, Case No.: CACE 15-012905 (11) VS. RICARD C. PERITZ,; et. al., Defendant(s), DEFENDANT’S SECOND REQUEST FOR PRODUCTION COMES NOW the Defendant, RICHARD C. PERITZ (“DEFENDANT”), by and through undersigned counsel, and pursuant to Rule 1.350 Fla. R. C. P. (2011) and Rule 1.380 Fla. R. C. P. (2011), hereby requests that the Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION (“PLAINTIFF”), produce the following documents: Plaintiff has in its possession, custody or control, each of the foregoing documents and objects. Each of them, and all of the matters hereinabove described, constitutes or contains evidence relevant and material to a matter involved in this action. To the extent you believe any of the requested documents may be privileged, please state precisely the basis for the privilege and identify (by author, intended recipient, current custodian, and date of preparation) all documents withheld under any such privilege. To the extent these requests seck documents and information for which you assert no claim of privilege, Defendant requires that the documents be produced within the time frame set forth above. DEFINITIONS AND INSTRUCTIONS As used herein, the words and phrases set out below shall have the meaning or meanings prescribed to them. “Document” or “documents” shall mean every original (and every copy of *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/23/2016 3:41:55 PM.****FEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905 Request to Produce any original or copy which differs in any way from any original) of every writing or recording of any kind or description, whether handwritten, typed, drawn, sketched, printed or recorded by any physical, mechanical, electronic or electrical means whatever, including without limitation, books, records, computer listings, computer printouts, computer programs, and tapes upon which information is stored, papers, pamphlets, brochures, circulars, advertisements, specifications, blueprints, maps, plats, surveys, drawings, sketches, graphs, charts, plans, laboratory or engineering reports, notebooks, worksheets, reports, lists, analyses, summaries, ledger accounts, audits, inventories, tax returns, financial statements, profit and loss statements, cash flow statements, annual or other periodic reports, prospectuses, registrations, correspondence, communications, telegrams, solicitations, minutes, stock ledgers, stock certificates, licenses, permits, calendars, appointment books, diaries, telephone bills and toll call records, expense reports, balance sheets, accountant’s work papers, work sheets, commission statements, itineraries, agendas, payroll records, notes, memoranda including inter-office memoranda, checkbooks, canceled checks, receipts, contracts, agreements, instrument assignments, applications, offers, acceptances, proposals, financing statements, documents of title, appraisals, purchase orders, invoices, bills of lading, written memorials or oral communications, forecasts, photographs, photographic slides or negatives, films, filmstrips, tapes and recordings. 1. The terms “you”, “your”, “yours” and “yourself” mean Plaintiff, its agents, assignees, successors, employees, agents, contractors, and unless privileged, its attorneys. 2. “Related to” or “relating to” shall mean directly or indirectly mentioning or describing, pertaining to, being connected with, or reflecting upon a stated subject matter. Page 2 of 6 Civil Justice Advocates PL 28 W. Flagler Street, Ste: 608, Miami, Florida 33130 (30) 639-8791 * notices@cjapl.comFEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905 Request to Produce 3. The singular shall include the plural and the plural shall include the singular. 4. A masculine, feminine or neuter pronoun shall not exclude the other gender. 5. If a request for production is silent as to the time span for which production is desired, production shall be made of all documents created for the immediately preceding five (5) year period. 6. Each request shall extend to all documents which are or have been in the possession or subject to the control of you, your officers, agents or employees at any time during the period of time covered by this request. 7. “Identification” or “Identify” when referring to a document, shall mean to set forth the author or originator, addressee, signators, date, title or subject matter, and the present custodian of any copy thereof and the last known address of each such custodian. 8. The term “and” shall include the term “or” and the term “or” shall include the term “and”. The term “each” shall include the term “every” and the term “every” shall include the term “each.” The term “any” shall include the term “all” and the term “all” shall include the term “any”. DOCUMENTS UPON WHICH PRIVILEGE IS CLAIMED For each document requested herein which is sought to be withheld under a claim of privilege, provide the following information: (a) The place, approximate date, and manner of recording or otherwise preparing the document; Page 3 of 6 Civil Justice Advocates PL 28 W. Flagler Street, Ste: 608, Miami, Florida 33130 (30) 639-8791 * notices@cjapl.comFEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905 Request to Produce (b) The name and title of sender; and the name and title of the person who received the document; (c) The name of each person or persons (other than stenographic or clerical assistant) participating in the preparation of the document; (d) The name and corporation position, if any, of each person to whom the contents of the documents have heretofore been communicated by copy, exhibition, reading or substantial summarization; (e) A statement of the basis on which privilege is claimed and whether or not the subject matter of the contents of documents is limited to legal advice or information provided for the purpose of securing legal advice; (f) The number of the request to which the document is responsive; and (g) The entity and corporate or business position, if any, of the person or persons supplying the attorney with the information. IDENTIFICATION OF DOCUMENTS In an effort to promote an orderly presentation of documentary evidence in this case in the event of a trial, and to insure full compliance with this process and facilitate the return of the documents to the owners thereof when they are no longer required, Plaintiff should identify each document produced in response to this request with the initials of the Plaintiff (or some other identifying initials) and number each document consecutively, commencing with the number 1. These markings should appear in the lower right hand corner of each document. Plaintiff also should place the documents called for by each paragraph of this Request in a separate enclosure, Page 4 of 6 Civil Justice Advocates PL 28 W. Flagler Street, Ste: 608, Miami, Florida 33130 (30) 639-8791 * notices@cjapl.comFEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905 Request to Produce which should be marked with Plaintiff's name, date of the request and the paragraph of the request to which the documents respond. DOCUMENTS REQUESTED 1. Produce Fannie Mae Form 2005 for the loan which is the subject of this litigation. Plaintiff has indicated that the note and mortgage which is the subject of this litigation is a Federal National Mortgage Association (“Fannie Mae”) loan. For loans registered with MERS (“Mortgage Electronic Registration System”), the document custodian MUST verify that the Mortgage was transmitted on Schedule of Mortgages Form 2005. (Please refer to Paragraph 9 above for a definition and description of requested document.) 2. All loan servicing and collection notes. 3. All correspondence between the parties. 4. All documents, memorandum, notices, records, notes, internal memoranda, or other documents relating to the date when the endorsement signed by Rochelle Livesay, Shipper, was placed on the Promissory Note. 5. Provide a statement of all debts and credits to any suspense account related in any way to the subject mortgage. 6. Produce all escrow analysis conducted on the subject mortgage loan. 7. Produce all records, notes, letters, documents, forms, memorandum, return receipts, writings, and records, other than the notice itself, indicating all notices were sent and received by Defendants pursuant to the Mortgage. 8. From the inception of the loan, produce all records including an itemized transaction history, showing all debts, credits, and/or payments on the note and mortgage that are the subject of this action, including but not limited to, all payments made by Defendants, escrow advances, account fee activity, past due scheduled principal payments, interests, past due taxes, property hazard insurance premiums, mortgage insurance premiums, late feees, postage, Page 5 of 6 Civil Justice Advocates PL 28 W. Flagler Street, Ste: 608, Miami, Florida 33130 (30) 639-8791 * notices@cjapl.comFEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905 Request to Produce homeowners association dues or assessments, property inspection fees, court costs and filing fees, service of process fees, postage, UPS and FedEx fees, property preservation fees, legal and attorney’s fees. 9. All documents Plaintiff intends to and/or expects to introduce into evidence at trial of this matter. THIS IS A CONTINUING REQUEST REQUIRING UPDATE OR PLAINTIFF'S RESPONSE TO THIS REQUEST UNTIL THE TRIAL OR OTHER RESOLUTION OF THIS ACTION. CERTIFICATE OF SERVICE T HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail on this 23 day of JUNE, 2016 to: CHOICE LEGAL GROUP, P.A. Christine Lankey Hall P.O. Box 9908 Fort Lauderdale, Florida 33310-0908 Attorney for Plaintiff Eservice@clegalgroup.com Respectfully submitted, CIVIL JUSTICE ADVOCATES, PL 28 W. Flagler Avenue, Suite 608 Miami, Florida 33180 Tel: (305) 639.8791 Fax: (786) 953.5195 By: foam Ut. Henncsecy m Joann M. Hennessey Florida Bar No.: 192465 a Ami Patel Florida Bar No.: 85259 Page 6 of 6 Civil Justice Advocates PL 28 W. Flagler Street, Ste: 608, Miami, Florida 33130 (30) 639-8791 * notices@cjapl.com