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Filing # 43361811 E-Filed 06/29/2016 10:59:08 AM
IN THE CIRCUIT COURT OF THE
17" JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY FLORIDA
CASE NO.: CACE 14-001087 (04)
PLANET T UNIFORMS, INC.,
Plaintiff,
v.
FLORIDA CHARTER FOUNDATION, INC.
D/B/A FRANKLIN ACADEMY CHARTER
SCHOOL, DISCOVERY SCHOOLS, _ INC.,
iUNIFORMS, INC., RICHARD SHELLOW, JON
THOMAS ROGERS, AND SCOTT SZNITKEN,
Defendant.
/
PLAINTIFF’S, PLANET T UNIFORMS, INC., RESPONSE TO TUNIFORMS INC.
FIRST REQUEST FOR PRODUCTION OF DOCU TO PLAINTIFF
COMES NOW Plaintiff, PLANET T UNIFORMS, INC. (“Plaintiff or “PLANET T”)
by and through the undersigned law firm, and file its Response to UNIFORMS, INC.’s
(“tUNIFORMS”) First Request for Production to Plaintiff.
1. Any and all documents containing, evidencing, reflecting, or relating to the trade secrets
you contend iUniforms misappropriated as alleged in the Amended Complaint.
RESPONSE: Objection, Plaintiff objects to this request as it seeks attorney-client
privileged information. Without waiving said objection, see Response to Request No. 19.
2. Any and all documents containing, evidencing, reflecting, or relating to the following: a)
the “privileged sales and margin information”, alleged in {| 27 of the Amended complaint,
b) “the requested information” alleged in { 28 of the Amended Complaint; c) the
“sales” information alleged in 4] 34 of the Amended Complaint; d) the “confidential sales
reports and a sample of all types and sizes of uniforms” alleged in § 41 of the Amended
Complaint; e) the “contract” alleged in {| 49 of the Amended Complaint; the “proven
business model” alleged in § 167 of the Amended Complaint; and the “method and
technique of ordering inventory” alleged in 4] 167 of the Amended Complaint.
RESPONSE: Objection, Plaintiff objects to this request as it seeks attorney-client
privileged information. Without waiving said objection, see Response to Request No. 19.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/29/2016 10:59:08 AM.****ye
Any and all documents evidencing, reflecting, or relating to the manner, means and/or
method by which you created, developed, compiled or otherwise obtained each trade
secret, or portion or component thereof, identified by you in response to Interrogatory 1
of iUniforms’ First Set of Interrogatories to Plaintiff.
RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and
confidential-proprietary information.
4. Any and all documents evidencing, reflecting, or related to resources expended in
composing, compiling, obtaining, creating, developing, refining and revising each trade
secret, or portion or component thereof, identified by you in response to Interrogatory 1
of iUniforms’ First Set of Interrogatories to Plaintiff.
RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and
confidential-proprietary information.
5. Any and all documents evidencing, reflecting, or related to your ownership of the trade
secrets identified by you in the response to Interrogatory 1 of iUniforms’ First Set of
Interrogatories to Plaintiff.
RESPONSE: See Response to Request No. 19.
6. For each trade secret, or portion or component thereof, identified by you in response to
Interrogatory | of iUniforms’ First Set of Interrogatories to Plaintiff, any and all
documents evidencing, reflecting, or related to the efforts you have made to maintain its
secrecy from the date of the first creating, developing, compiling or obtaining the same to
the present, including documents evidencing, reflecting, or related to the resources
expended in maintaining its confidentiality or secrecy.
RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and
confidential-proprietary information. Without waiving said objection, see Response to
Request No. 19.
7. Any and all patents, patent applications, patent application denials, trademarks, trademark
applications, trademark application denials, and copyright registrations, copyright
applications, and copyright application denials applicable to each trade secret, or portion
or component thereof, identified by you in response to Interrogatory 1 of iUniforms’ First
Set of Interrogatories to Plaintiff.
RESPONSE: None.
8. All communications from Planet T to Franklin stating or reflecting Planet T understands
that any documents or information it provided to Franklin were or are trade secrets.
RESPONSE: See Response to Request No. 19.9. All communications from Planet T to any of the following persons stating or reflecting
Planet T’s understanding that any documents or information it provided to any of them
were or are trade secrets:
a) Pines Charter High
b) Pines Charter Middle
c) Pines Charter Elementary
d) Nova-Dwight D. Eisenhower
e) Somerset Prep Elementary
f) Somerset Prep Middle/High
g) STAFF: Somerset Prep
h) HAAS Elementary
i) HAAS Middle
j) RCS CS Elementary
k) RCS CS Middle
1) RCS Pines Elementary
m) RCS Pines Middle
RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and
confidential-proprietary information. Further objecting, this request seeks irrelevant
information not likely to lead to the discovery of admissible evidence.
10. All communications from Planet T to Franklin stating or reflecting that any documents or
information Planet T furnished to Franklin were or are confidential.
RESPONSE: See Response to Request No. 19.
11. Any and all communications from Planet T to iUniforms conveying Planet T’s
“understanding” alleged in {| 28 of the Amended Complaint.
RESPONSE: See Response to Request No. 19.
12. All communications from Planet T to Franklin stating or reflecting that any documents or
information Planet T furnished to Franklin were or are exempt or putatively exempt from
Florida’s public records laws, including but not limited to Chapter 119, Florida Statues.
RESPONSE: See Response to Request No. 19.
13. All communications from Planet T to the following persons stating or reflecting that any
documents or information Planet T furnished to any of them were or are exempt or
putatively exempt from Florida’s public records laws, including but not limited to
Chapter 119, Florida Statutes:
a) Pines Charter High
b) Pines Charter Middlec) Pines Charter Elementary
d) Nova-Dwight D. Eisenhower
e) Somerset Prep Elementary
f) Somerset Prep Middle/High
g) STAFF: Somerset Prep
h) HAAS Elementary
i) HAAS Middle
j) RCS CS Elementary
k) RCS CS Middle
1) RCS Pines Elementary
m) RCS Pines Middle
RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and
confidential-proprietary information. Further objecting, this request seeks irrelevant
information not likely to lead to the discovery of admissible evidence.
14. All documents or information provided by Planet T to Franklin that Planet T marked or in
any way designated as a trade secret, confidential, or exempt from Florida’s public
records laws, including but not limited to Chapter 119, Florida Statues.
RESPONSE: See Response to Request No. 19.
15, All documents or information provided by Planet T to the following persons that Planet T
marked or in any way designated as a trade secret, confidential, or exempt from Florida’s
public records laws, including but not limited to Chapter 119, Florida Statutes:
a) Pines Charter High
b) Pines Charter Middle
c) Pines Charter Elementary
d) Nova-Dwight D. Eisenhower
e) Somerset Prep Elementary
f) Somerset Prep Middle/High
g) STAFF: Somerset Prep
h) HAAS Elementary
i) HAAS Middle
j) RCS CS Elementary
k) RCS CS Middle
l)_ RCS Pines Elementary
m) RCS Pines Middle
RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and
confidential-proprietary information. Further objecting, this request seeks irrelevant
information not likely to lead to the discovery of admissible evidence.16. All documents evidencing, reflecting, or related agreements between Franklin and Planet
T restricting Franklin’s disclosure of any documents or information provided to Franklin
by Planet T.
RESPONSE: See Response to Request No. 19.
17, All documents and communications containing, evidencing, reflecting, or related to your
disclosure of any trade secret that you allege iUniforms misappropriated, to any person
other than you, including but not limited to the following persons.
a) Pines Charter High
b) Pines Charter Middle
c) Pines Charter Elementary
d) Nova-Dwight D. Eisenhower
e) Somerset Prep Elementary
f) Somerset Prep Middle/High
g) STAFF: Somerset Prep
h) HAAS Elementary
i) HAAS Middle
j) RCS CS Elementary
k) RCS CS Middle
1) RCS Pines Elementary
m) RCS Pines Middle
RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and
confidential-proprietary information. Further objecting, this request seeks irrelevant
information not likely to lead to the discovery of admissible evidence.
18. All documents and communications containing, evidencing, reflecting, or related to your
disclosure of any document responsive to Request for Production 2, above to any person
other that you, including but not limited to the following persons:
a) Pines Charter High
b) Pines Charter Middle
c) Pines Charter Elementary
d) Nova-Dwight D. Eisenhower
e) Somerset Prep Elementary
f) Somerset Prep Middle/High
g) STAFF: Somerset Prep
h) HAAS Elementary
i) HAAS Middle
j) RCS CS Elementary
k) RCS CS Middle
1) RCS Pines Elementary
m) RCS Pines MiddleRESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and
confidential-proprietary information. Further objecting, this request seeks irrelevant
information not likely to lead to the discovery of admissible evidence.
19. Any and all documents evidencing, reflecting, or related to your contention, made in §
168 of the Amended Complaint, that “The trade secrets from PLANET T were acquired
by improper means”
RESPONSE: See attached and see Response to Request No. 19.
20. Any and all documents evidencing, reflecting, or related to your contention, made in §
169 of the Amended Complaint that “iUniforms knew or should have known the trade
secrets were acquired by improper means.”
RESPONSE: See Response to Requests No. 1 and 19.
21, Any and all documents evidencing, reflecting, or related to the independent economic
benefits you have derived from each trade secret, or portion or component thereof,
identified by you in response to Interrogatory | of iUniforms’ First Set of Interrogatories
to Plaintiff.
RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and
confidential-proprietary information.
22, Any and all documents evidencing, reflecting, or related to the persons that Planet T
employs or contracts to stitch, imprint, embroider, sew, or in any other manner print or
affix onto clothing sold by Planet T the names, logos, slogans, or other badges or indicia
of the schools for which Planet T acts as a vendor.
RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and
confidential-proprietary information. Without waiving said objection, see attached.
23. Any and all documents depicting and/or identifying the “items from the existing
collection” alleged in § 19 of the Amended Complaint.
RESPONSE: See Response to Request No. 19.
(SIGNATURE ON FOLLOWING PAGE)CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished e-service
through the Florida Courts E-Filing Portal to the Service List below on June 28, 2016.
DAVID DI PIETRO & ASSOCIATES, P.A.
The Law Offices of David Di Pietro, P.A.
Tower 101
101 NE 3“ Avenue, Suite 1410
Fort Lauderdale, FL 33301
Primary: service@ddpalaw.com
Telephone: (954) 712-3070
Facsimile: (954) 337-3824
/s/ Ashley T. Steffen
DAVID DI PIETRO, ESQ.
Florida Bar No.: 10370
david@ddpawlaw.com
ASHLEY T. STEFFEN, ESQ.
Florida Bar No.: 111238
ashleyddpawlaw.com
SERVICE LIST
Christopher M. David, Esq.
Fuerst Ittleman David & Joseph, PL
1001 Brickell Bay Drive, 32™ Floor
Miami, Florida 33131
Emails: cdavid@fuerstlaw.com; tdavid@fuerstlaw.com;
And jconcepcionééfuerstlaw.com
Kenneth A. Horky, Esq.
Greenberg Traurig, P.A.
401 East Las Olas Blvd., Suite 2000
Fort Lauderdale, Florida 33301
Emails: horkyk(@ gtlaw.com;
flservice@gtlaw.com; muehlfeldern@gtlaw.com
rosengartenrich@gilaw.com;
sr@gtlaw.com;
Richard Rosengarten, Esq.
rosengartenrich@gtlaw.com; rosr@gtlaw.com
Preview
Filing # 43361811 E-Filed 06/29/2016 10:59:08 AM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY FLORIDA CASE NO.: CACE 14-001087 (04) PLANET T UNIFORMS, INC., Plaintiff, v. FLORIDA CHARTER FOUNDATION, INC. D/B/A FRANKLIN ACADEMY CHARTER SCHOOL, DISCOVERY SCHOOLS, _ INC., iUNIFORMS, INC., RICHARD SHELLOW, JON THOMAS ROGERS, AND SCOTT SZNITKEN, Defendant. / PLAINTIFF’S, PLANET T UNIFORMS, INC., RESPONSE TO TUNIFORMS INC. FIRST REQUEST FOR PRODUCTION OF DOCU TO PLAINTIFF COMES NOW Plaintiff, PLANET T UNIFORMS, INC. (“Plaintiff or “PLANET T”) by and through the undersigned law firm, and file its Response to UNIFORMS, INC.’s (“tUNIFORMS”) First Request for Production to Plaintiff. 1. Any and all documents containing, evidencing, reflecting, or relating to the trade secrets you contend iUniforms misappropriated as alleged in the Amended Complaint. RESPONSE: Objection, Plaintiff objects to this request as it seeks attorney-client privileged information. Without waiving said objection, see Response to Request No. 19. 2. Any and all documents containing, evidencing, reflecting, or relating to the following: a) the “privileged sales and margin information”, alleged in {| 27 of the Amended complaint, b) “the requested information” alleged in { 28 of the Amended Complaint; c) the “sales” information alleged in 4] 34 of the Amended Complaint; d) the “confidential sales reports and a sample of all types and sizes of uniforms” alleged in § 41 of the Amended Complaint; e) the “contract” alleged in {| 49 of the Amended Complaint; the “proven business model” alleged in § 167 of the Amended Complaint; and the “method and technique of ordering inventory” alleged in 4] 167 of the Amended Complaint. RESPONSE: Objection, Plaintiff objects to this request as it seeks attorney-client privileged information. Without waiving said objection, see Response to Request No. 19. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/29/2016 10:59:08 AM.****ye Any and all documents evidencing, reflecting, or relating to the manner, means and/or method by which you created, developed, compiled or otherwise obtained each trade secret, or portion or component thereof, identified by you in response to Interrogatory 1 of iUniforms’ First Set of Interrogatories to Plaintiff. RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and confidential-proprietary information. 4. Any and all documents evidencing, reflecting, or related to resources expended in composing, compiling, obtaining, creating, developing, refining and revising each trade secret, or portion or component thereof, identified by you in response to Interrogatory 1 of iUniforms’ First Set of Interrogatories to Plaintiff. RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and confidential-proprietary information. 5. Any and all documents evidencing, reflecting, or related to your ownership of the trade secrets identified by you in the response to Interrogatory 1 of iUniforms’ First Set of Interrogatories to Plaintiff. RESPONSE: See Response to Request No. 19. 6. For each trade secret, or portion or component thereof, identified by you in response to Interrogatory | of iUniforms’ First Set of Interrogatories to Plaintiff, any and all documents evidencing, reflecting, or related to the efforts you have made to maintain its secrecy from the date of the first creating, developing, compiling or obtaining the same to the present, including documents evidencing, reflecting, or related to the resources expended in maintaining its confidentiality or secrecy. RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and confidential-proprietary information. Without waiving said objection, see Response to Request No. 19. 7. Any and all patents, patent applications, patent application denials, trademarks, trademark applications, trademark application denials, and copyright registrations, copyright applications, and copyright application denials applicable to each trade secret, or portion or component thereof, identified by you in response to Interrogatory 1 of iUniforms’ First Set of Interrogatories to Plaintiff. RESPONSE: None. 8. All communications from Planet T to Franklin stating or reflecting Planet T understands that any documents or information it provided to Franklin were or are trade secrets. RESPONSE: See Response to Request No. 19.9. All communications from Planet T to any of the following persons stating or reflecting Planet T’s understanding that any documents or information it provided to any of them were or are trade secrets: a) Pines Charter High b) Pines Charter Middle c) Pines Charter Elementary d) Nova-Dwight D. Eisenhower e) Somerset Prep Elementary f) Somerset Prep Middle/High g) STAFF: Somerset Prep h) HAAS Elementary i) HAAS Middle j) RCS CS Elementary k) RCS CS Middle 1) RCS Pines Elementary m) RCS Pines Middle RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and confidential-proprietary information. Further objecting, this request seeks irrelevant information not likely to lead to the discovery of admissible evidence. 10. All communications from Planet T to Franklin stating or reflecting that any documents or information Planet T furnished to Franklin were or are confidential. RESPONSE: See Response to Request No. 19. 11. Any and all communications from Planet T to iUniforms conveying Planet T’s “understanding” alleged in {| 28 of the Amended Complaint. RESPONSE: See Response to Request No. 19. 12. All communications from Planet T to Franklin stating or reflecting that any documents or information Planet T furnished to Franklin were or are exempt or putatively exempt from Florida’s public records laws, including but not limited to Chapter 119, Florida Statues. RESPONSE: See Response to Request No. 19. 13. All communications from Planet T to the following persons stating or reflecting that any documents or information Planet T furnished to any of them were or are exempt or putatively exempt from Florida’s public records laws, including but not limited to Chapter 119, Florida Statutes: a) Pines Charter High b) Pines Charter Middlec) Pines Charter Elementary d) Nova-Dwight D. Eisenhower e) Somerset Prep Elementary f) Somerset Prep Middle/High g) STAFF: Somerset Prep h) HAAS Elementary i) HAAS Middle j) RCS CS Elementary k) RCS CS Middle 1) RCS Pines Elementary m) RCS Pines Middle RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and confidential-proprietary information. Further objecting, this request seeks irrelevant information not likely to lead to the discovery of admissible evidence. 14. All documents or information provided by Planet T to Franklin that Planet T marked or in any way designated as a trade secret, confidential, or exempt from Florida’s public records laws, including but not limited to Chapter 119, Florida Statues. RESPONSE: See Response to Request No. 19. 15, All documents or information provided by Planet T to the following persons that Planet T marked or in any way designated as a trade secret, confidential, or exempt from Florida’s public records laws, including but not limited to Chapter 119, Florida Statutes: a) Pines Charter High b) Pines Charter Middle c) Pines Charter Elementary d) Nova-Dwight D. Eisenhower e) Somerset Prep Elementary f) Somerset Prep Middle/High g) STAFF: Somerset Prep h) HAAS Elementary i) HAAS Middle j) RCS CS Elementary k) RCS CS Middle l)_ RCS Pines Elementary m) RCS Pines Middle RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and confidential-proprietary information. Further objecting, this request seeks irrelevant information not likely to lead to the discovery of admissible evidence.16. All documents evidencing, reflecting, or related agreements between Franklin and Planet T restricting Franklin’s disclosure of any documents or information provided to Franklin by Planet T. RESPONSE: See Response to Request No. 19. 17, All documents and communications containing, evidencing, reflecting, or related to your disclosure of any trade secret that you allege iUniforms misappropriated, to any person other than you, including but not limited to the following persons. a) Pines Charter High b) Pines Charter Middle c) Pines Charter Elementary d) Nova-Dwight D. Eisenhower e) Somerset Prep Elementary f) Somerset Prep Middle/High g) STAFF: Somerset Prep h) HAAS Elementary i) HAAS Middle j) RCS CS Elementary k) RCS CS Middle 1) RCS Pines Elementary m) RCS Pines Middle RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and confidential-proprietary information. Further objecting, this request seeks irrelevant information not likely to lead to the discovery of admissible evidence. 18. All documents and communications containing, evidencing, reflecting, or related to your disclosure of any document responsive to Request for Production 2, above to any person other that you, including but not limited to the following persons: a) Pines Charter High b) Pines Charter Middle c) Pines Charter Elementary d) Nova-Dwight D. Eisenhower e) Somerset Prep Elementary f) Somerset Prep Middle/High g) STAFF: Somerset Prep h) HAAS Elementary i) HAAS Middle j) RCS CS Elementary k) RCS CS Middle 1) RCS Pines Elementary m) RCS Pines MiddleRESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and confidential-proprietary information. Further objecting, this request seeks irrelevant information not likely to lead to the discovery of admissible evidence. 19. Any and all documents evidencing, reflecting, or related to your contention, made in § 168 of the Amended Complaint, that “The trade secrets from PLANET T were acquired by improper means” RESPONSE: See attached and see Response to Request No. 19. 20. Any and all documents evidencing, reflecting, or related to your contention, made in § 169 of the Amended Complaint that “iUniforms knew or should have known the trade secrets were acquired by improper means.” RESPONSE: See Response to Requests No. 1 and 19. 21, Any and all documents evidencing, reflecting, or related to the independent economic benefits you have derived from each trade secret, or portion or component thereof, identified by you in response to Interrogatory | of iUniforms’ First Set of Interrogatories to Plaintiff. RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and confidential-proprietary information. 22, Any and all documents evidencing, reflecting, or related to the persons that Planet T employs or contracts to stitch, imprint, embroider, sew, or in any other manner print or affix onto clothing sold by Planet T the names, logos, slogans, or other badges or indicia of the schools for which Planet T acts as a vendor. RESPONSE: Objection, Plaintiff objects to this request as it seeks trade secrets and confidential-proprietary information. Without waiving said objection, see attached. 23. Any and all documents depicting and/or identifying the “items from the existing collection” alleged in § 19 of the Amended Complaint. RESPONSE: See Response to Request No. 19. (SIGNATURE ON FOLLOWING PAGE)CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished e-service through the Florida Courts E-Filing Portal to the Service List below on June 28, 2016. DAVID DI PIETRO & ASSOCIATES, P.A. The Law Offices of David Di Pietro, P.A. Tower 101 101 NE 3“ Avenue, Suite 1410 Fort Lauderdale, FL 33301 Primary: service@ddpalaw.com Telephone: (954) 712-3070 Facsimile: (954) 337-3824 /s/ Ashley T. Steffen DAVID DI PIETRO, ESQ. Florida Bar No.: 10370 david@ddpawlaw.com ASHLEY T. STEFFEN, ESQ. Florida Bar No.: 111238 ashleyddpawlaw.com SERVICE LIST Christopher M. David, Esq. Fuerst Ittleman David & Joseph, PL 1001 Brickell Bay Drive, 32™ Floor Miami, Florida 33131 Emails: cdavid@fuerstlaw.com; tdavid@fuerstlaw.com; And jconcepcionééfuerstlaw.com Kenneth A. Horky, Esq. Greenberg Traurig, P.A. 401 East Las Olas Blvd., Suite 2000 Fort Lauderdale, Florida 33301 Emails: horkyk(@ gtlaw.com; flservice@gtlaw.com; muehlfeldern@gtlaw.com rosengartenrich@gilaw.com; sr@gtlaw.com; Richard Rosengarten, Esq. rosengartenrich@gtlaw.com; rosr@gtlaw.com