Party Discovery: Cach, LLC Plaintiff vs. Arnon A Labock Defendant

On August 15, 2014 a Party Discovery was filed involving a dispute between Cach, Llc, and Labock, Arnon A, for Contract and Indebtedness in the District Court of Broward County.

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Filing # 23126825 E-Filed 01/29/2015 12:13:38 PM

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO.: CACE-14-015902

CACH, LLC,
Plaintiff,

vs.

ARNON A LABOCK,

Defendant.

NOTICE OF FILING

COMES NOW, the Plaintiff, CACH, LLC, who does hereby notify this Honorable Court and
Defendant, ARNON A LABOCK that as of this date listed below it has filed its Interrogatories to
Defendant pursuant to Florida Rule of Civil Procedure 1.340.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, pursuant to Florida Rule of Judicial Adminstration 2.516, a true
and correct copy of the foregoing has been furnished via electronic mail to Michael Zapin, Esq. at that
attorney's designated email address(es).

4
Dated: January 28, 2015

—
!s ¢ oy
Bryan Manno, Esq.-0414573

Jeremy A. Soffler, Esq. -92059
Tina D. Gayle, Esq. -0636606
Casey J. Williams, Esq. -103199
Jayme S. Sellards, Esq. -60066
Mare T. Canzio, Esq. -106306
FEDERATED LAW GROUP, PLLC
13205 U.S. Highway 1, Suite 555
Juno Beach, Florida 33408

Tel: (888) 362-7684

Fax: (800) 391-2178

Document service e-mail:
bmanno@federatedlaw.com

** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 1/29/2015 12:13:38 PM.****IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO.: CACE-14-015902
CACH, LLC,
Plaintiff,
vs.
ARNON A LABOCK,

Defendant(s).
/

INTERROGATORIES TO DEFENDANT ARNON A LABOCK

Plaintiff, CACH, LLC, by and through its undersigned Counsel, requests that Defendant,
ARNON A LABOCK, provide responses to the following interrogatories. If objection is made,
please state the reason for objection. Please specifically deny the matter or set forth in detail the
reasons why the answering party cannot truthfully admit or deny the matter.

DEFINITIONS
A “Tssuer” refers to WELLS FARGO BANK, N.A..

B. “Account” or “the Account” refers to Account Number ay
with WELLS FARGO BANK, N.A. which was changed after the account was charged off to
Account Number aS .

Cc. “Card” or “the Card” refers to the card that was issued on the Account.
Dz. “Defendant,” “you,” “your,” or “yours” refers to ARNON A LABOCK.

E. “Plaintiff” refers to CACH, LLC and encompasses any person, employee, or other entity
authorized to act on Plaintiffs behalf.

F. “Identify”, as used herein with regard to a person, shall mean to provide the following:
(1) the person’s full name; (2) any other names the person uses or has used in the past; (3) the
person’s residential address and telephone number; (4) the person’s business address(es) and
telephone number(s); (5) the person’s employer and job title; (6) if the person is a former
employee of Defendant, the person’s last job title while so employed, and the date of
termination; and (7) if the person is not an employee of Defendant but has some other connection
with Defendant, for example, agent, independent contractor, officer, director, or customer, the
person’s connection with Defendant.G. “Identify”, as used herein with regard to documents or tangible things, shall mean to
describe such documents or tangible things by title, present location, usual location, custodian,
and contents.

H. The word “document” is used herein in its broadest sense to include any medium upon or
with which information is recorded or preserved which belongs to, or is in or subject to the
possession, custody or control of Defendant or Defendant's attorneys, agents, employees,
trustees, representatives, professional accountants, and any attorneys with whom you may claim
the right of joint defense privileges or special relationships, by whomever generated or received,
including without limitation: writings; printings; drawings; graphs; charts; notes; typewriting;
photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other
mechanical recordings; ledgers; books; statements of accounts; journals; notices; letters;
catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders; memoranda
of telephone communications; telegrams; telexes or “TWX's”; telecopies; drafts or preliminary
versions of the foregoing; communications to or from any governmental or law enforcement
subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation
of any nature whatsoever, including any carbon, photographic, microfilm or other type of copy
of such items, whether or not such copy is different from the original by reason of any markings,
additions, commentaries, revisions, deletions, or substitutions.

I “Communication” shall include, but is not limited to, any oral communications,
correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of
meetings.

J. “Person” means an individual, corporation, trust, partnership, incorporated or
unincorporated association, or any other legal entity.

K. “Credit bureau” means any person who, for compensation, gathers, records, and
disseminates information relative to the creditworthiness, financial responsibility, paying habits,
and other similar information regarding any person, for the purpose of furnishing consumer
reports to third parties.

L. “Chargeoff date” means April 24, 2012.

M. “Possession, custody or control” when used in reference to documents or other tangible
things includes, without limitation, documents or things in your personal possession, custody or
control, documents or things in the possession, custody or control of your attorneys or any other
agents of yours, and documents or things which you could obtain, or copies of which you could
obtain by reasonable good faith effort. Possession, custody or control includes constructive
possession such that the person need not have actual physical possession. As long as Defendant
has a superior right to compel the production from a third party (including an agency, authority
or representative), Defendant has possession, custody or control.Interrogatory No. 1

Please state Defendant’s full name, address, date of birth, occupation, social security number and
telephone number.

Interrogatory No. 2

Identify all persons who have any knowledge of any facts and circumstances surrounding the
events set forth in Defendant’s Answer filed in response to Plaintiff's Complaint, and state the
facts that are known by each.Interrogatory No. 3

For each person identified in response to Interrogatory No. 2, indicate whether written or
recorded statements have been taken from such persons and, if so, who has possession of such
statements.

Interrogatory No. 4

Identify all persons who participated in the preparation of the answers to these Interrogatories.Interrogatory No. 5

For each person identified in response to Interrogatory No. 4, indicate whether written or
recorded statements have been taken from such persons and, if so, who has possession of such
statements.

Interrogatory No. 6

Identify all documents in support of Defendant’s Answer filed in response to Plaintiff's
Complaint.Interrogatory No. 7

State all facts and circumstances that support or prove the defenses set forth in Defendant’s
Answer to Plaintiffs Complaint.

Interrogatory No. 8

Provide with specificity the entire legal basis and all material or principal facts in support of
Defendant’s Answer to Plaintiff's Complaint.Interrogatory No. 9

Provide with specificity the basis of each and every denial of Plaintiffs Claim as set forth in
Defendant’s Answer to Plaintiff’s Complaint.

Interrogatory No. 10

Please identify any “documents” or “tangible items” which were generated by you relating to the
allegations contained in Defendant’s Answer to Plaintiff's Complaint.Interrogatory No. 11

Please state if you have in your possession, any written or recorded statements made by Plaintiff,
its representatives, or attorneys that support the allegations in your Answer. If your response to
this Interrogatory is in the affirmative, please provide the details relating to the occurrence in the
order in which each took place, including, the date and time.

Interrogatory No. 12

Please list any written or recorded statements that you have taken of any parties, witnesses or
other persons with information or knowledge of the occurrences detailed in your Answer and
state the name and telephone number of each such person; the date each such person’s statement
was taken; and the name and address of the person having custody of each such statement at the
present time.Interrogatory No. 13

If Defendant denies having opened the line of credit, loan or lease, identify any persons whom
Defendant believes may be responsible for the line of credit, loan or lease.

Interrogatory No. 14

If Defendant denies having used the line of credit, loan or lease, identify any persons who
Defendant believes may have used the line of credit, loan or lease and state whether each such
person was authorized by Defendant to use the line of credit, loan or lease.Interrogatory No. 15

If Defendant denies having accepted each advance on the line of credit, loan or lease, identify
each advance or charge on the line of credit, loan or lease that Defendant disputes.

Interrogatory No. 16

Please identify and describe the business, entity, or equipment that the line of credit, loan or
lease was obtained for and referenced in the Agreement attached as Exhibit A of Plaintiffs
Complaint.Interrogatory No. 17

Please identify if the business, entity, or equipment in Interrogatory No. 16 is still active, open,
viable, registered with the secretary of state, or operating, and, if so, identify and provide its
registered agent, mailing address or location, phone number or other available contact
information.

Interrogatory No. 18

Identify every fact showing that Defendant is not responsible for the debt as alleged in Plaintiff's
Complaint.Interrogatory No. 19

If Defendant contends or believes that the debt that is the subject of this suit is less than the
amount Plaintiff alleged in Plaintiff's Complaint, state the exact amount Defendant alleges is
owed to Plaintiff and each and every fact, opinion and principle law upon which Defendant bases
that contention.

Interrogatory No. 20

Identify any amounts that have been paid by the Defendant, to Plaintiff, under the terms of the
Agreement that is the subject of Plaintiff's Complaint.Interrogatory No. 21

Identify all of the persons that signed and executed a personal guaranty included in the
Agreement that was attached as an Exhibit to Plaintiff’s Complaint.

Interrogatory No. 22

Identify any other persons that may be responsible by signing a personal guaranty for the line of
credit, loan or lease included in the Agreement that was attached as an Exhibit to Plaintiff's
Complaint.Interrogatory No. 23
If Defendant contends or believes that the debt that is the subject of this suit is the obligation of

any person or entity other that Defendant, identify such other persons or entities and state the
facts on which that contention or belief is based.

Interrogatory No. 24

If such a contention has been made, please describe in detail the basis for said contention that
you are not personally liable for the debt that is the subject of Plaintiff's Complaint.Interrogatory No. 25

Please identify any entity that Defendant feels may be wholly or partially responsible for or
connected to the debt in question.

Interrogatory No. 26

State the name, address, telephone number and occupation, job or profession of each person
whom you expect to call as an expert witness in this case and, with respect to each such person,
please state:

(a) The subject matter on which the expert is expected to testify;

(b) The substance of the facts and opinions to which the expert is expected to testify;
and

(c) A summary of the grounds for each opinion.Interrogatory No. 27
Identify all persons whom Defendant intends to call as witnesses at trial, other that rebuttal or

impeaching witnesses, the necessity of whose testimony cannot reasonably be calculated before
trial.

Interrogatory No. 28

Identify each document or other exhibit that Defendant may offer into evidence or otherwise
seek to display at trial of this action.Interrogatory No. 29

Please state whether you disputed, in writing, any charges reflected in any monthly account
statement(s) provided to you. If your response to this interrogatory is in the affirmative, please
provide a copy of the dispute letter.

Interrogatory No. 30

If you are disputing only a portion of the Account, please identify which portions of the Account
are disputed and which are not and state the specific reasons for any such disputes.FURTHER AFFIANT SAYETH NAUGHT.

Signed:
ARNON A LABOCK

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

Sworn to (or affirmed) and subscribed before me this day of
by ARNON A LABOCK who is:

1 Personally Known to me or has
O Produced the following Identification

State of:
County of:

My commission
expires:

Signature of Notary Officer Notary Seal, if anyIN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO.: CACE-14-015902

CACH, LLC,

Plaintiff,

VS.

ARNON A LABOCK,

Defendant(s).

PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT

Plaintiff, CACH, LLC, by and through its undersigned Counsel, requests that Defendant,
ARNON A LABOCK, admit or deny the following statements of law pursuant to Florida Rule of
Civil Procedure 1.370. If objection is made, please state the reason for objection. Please
specifically deny the matter or set forth in detail the reasons why the answering party cannot
truthfully admit or deny the matter.

Defendant is subject to the jurisdiction of this Court.
Venue is proper as indicated in Plaintiff's complaint.

Defendant has either applied for, obtained, used, or authorized the use of the line of
credit, loan or lease which is the subject of the Plaintiffs complaint.

Defendant failed to make payments under the terms of the applicable agreement
attached to Plaintiffs complaint.

As a result of Defendant’s failure to make the payments, Defendant defaulted leaving
the balance as set forth in Plaintiff's complaint as due and owing.

All payments and credits to which the Defendant is entitled have been properly
applied to the account and the amount sought in Plaintiff's complaint is a true and
correct reflection of the amount owed by Defendant to Plaintiff.

If alleged in Plaintiff's complaint, Plaintiff is entitled to attorney’s fees pursuant to
the line of credit, loan or lease agreement attached as an exhibit to Plaintiffs
complaint.

*@4060353-RFA-1-*8. Prior to the filing of Plaintiff's complaint, Defendant received statements from the
Plaintiff showing the balance due.

9. Defendant did not dispute the charges or the balance as provided by the line of credit,
loan or lease agreement attached as an exhibit to Plaintiff's complaint.

10. There are no disputes regarding the debt set forth in Plaintiffs complaint.

11. The balance due as alleged in Plaintiff's complaint is the correct sum owed by
Defendant based on Plaintiff's calculation of all information contained in records
maintained by the Plaintiff on Defendant’s account.

12. Plaintiff is the proper party and is the lawful owner of the line of credit, loan or lease
debt that is owed by Defendant.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, pursuant to Florida Rule of Judicial Adminstration 2.516, a
true and correct copy of the foregoing has been furnished via electronic mail to Michael Zapin,
Esq. at that attorney's designated email address(es).

Dated: January 2% 2015

/s t < =
Bryan Manno, Es 573

Tel: (888) 362-7684

Fax: (800) 391-2178

Document service e-mail:
bmanno@federatedlaw.com

*Q@40603-RFA= 1

*IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO.: CACE-14-015902
CACH, LLC,
Plaintiff,
vs.
ARNON A LABOCK,

Defendant(s).
/

PLAINTIFF’S FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT

Plaintiff, CACH, LLC, by and through its undersigned Counsel, requests that Defendant,
ARNON A LABOCK, produce the below listed documents pursuant to Florida Rule of Civil
Procedure 1.350. If objection is made, please state the reason for objection. Please specifically
deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit
or deny the matter.

You are requested to produce the documents hereinafter to Federated Law Group, PLLC,
13205 U.S. Highway One, Suite 555, Juno Beach, Florida 33408. In the alternative, you may
provide Counsel for Plaintiff true and correct copies of said documents. To the extent that may
be required by applicable rules of procedure and evidence you are hereby notified that Plaintiff
intends to use any and all answers/responses to the attached Request For Production as evidence
at trial or any other hearing in this case.

Please note that this Request For Production shall be deemed continuing so as to require
supplemental answers. If after you submit your responses to this Requests For Production, you
learn or obtain any such items requested as a response, making said initial/previous response
incomplete when made, or, although complete and correct when made, is no longer complete and
correct, you must amend or supplement your response reasonably and promptly after you
discover the necessity for such an amendment or supplementation. Any amended or
supplemental response made less than thirty (30) days before trial will be presumed not to have
been made promptly. A failure to make, amend, or supplement a response in a timely manner
may result in your not being able to introduce into evidence the material or information not
timely disclosed.DEFINITIONS
A. “Issuer” refers to WELLS FARGO BANK, N.A..

B. “Account” or “the Account” refers to Account Number ay
with WELLS FARGO BANK, N.A. which was changed after the account was charged off to
Account Number as .

Cc. “Card” or “the Card” refers to the card that was issued on the Account.
Dz. “Defendant,” “you,” “your,” or “yours” refers to ARNON A LABOCK.

E. “Plaintiff” refers to CACH, LLC and encompasses any person, employee, or other entity
authorized to act on Plaintiffs behalf.

G. “Identify”, as used herein with regard to documents or tangible things, shall mean to
describe such documents or tangible things by title, present location, usual location, custodian,
and contents.

L “Communication” shall include, but is not limited to, any oral communications,
correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of
meetings.J. “Person” means an individual, corporation, trust, partnership, incorporated or
unincorporated association, or any other legal entity.

L. “Charge-off date” means April 24, 2012 .

INSTRUCTIONS

A. Objections Based on Privilege:

In the event that any documents or things requested herein are withheld under a claim of
privilege, please provide the following information with respect to each such documents
or thing:

(69) the type of documents or thing, its general subject matter and the place
approximate date it was prepared or created,

(2) the name and title of each person who prepared or created the document or
thing and the name and title of each other person who has received or
examined the document or thing or a copy thereof,

(3) the type of privilege claimed,

(4) a statement of the circumstances which bear on whether or not the claim
of privilege is appropriate and whether the privilege this is claimed should
extend to all or part of the documents or thing,

(5) the number of each specific Documents Request to which the withheld
documents is responsive; and

(6) if privilege is claimed as to any document otherwise covered by this
request for production, defendant requests that each documents as to
which privilege is claimed be identified in a manner such that the court
may determine whether or not such document is entitled to be accorded
privileged status.A.

Lost, Discarded or Destroyed Documents:

If any document requested herein has been lost, discarded, or destroyed, please
identify such document providing the following information in your response:

qd) Description of document,

(2) Date of disposal or loss,

(3) Manner of loss,

(4) Reason for disposal or explanation of loss,

(5) Person authorizing disposal,

(6) Persons having knowledge of disposal or loss,
(7) _ Person disposing of document.

. Organization of Documents:

All documents produced in response to this request shall be organized and labeled to
correspond with the number of the Document Request to which the documents are
responsive.

Authentication and Use at Hearings and Trial:

Defendant is hereby notified that all documents produced in response to this request will
be used in any pretrial proceedings and at trial.

DOCUMENTS TO BE PRODUCED

Please produce all documents, identification of which is requested, which reflect, refer to,
evidence, comment upon, or relate in any way to any information requested in Plaintiff's
Interrogatories to Defendant.

. Please produce all correspondences, communications, recordings or memoranda of any

conversation, or other documents between Defendant and Plaintiff, which reflect,
comment upon or refer to or relate in any way to Plaintiff's Interrogatories to Defendant.

. Please produce all correspondences, communications, recordings or memoranda of any

conversation, or other documents between Defendant and Plaintiff, which reflect,
comment upon or refer to or relate in any way support Defendant’s Answer to Plaintiff's
Complaint.

If Defendant denies having used or received the line of credit, loan or lease, please
produce all correspondence between Issuer and Defendant.

(a) all correspondence between Defendant and all persons to whom Defendant has
denied receiving the line of credit, loan or lease; and

(b) true copies of at least three documents bearing the Defendant's signature10.

Please produce true copies of all correspondence from Defendant to Issuer disputing any
billing statement on the Account, together with proof of sending and receipt of such
correspondence.

Please produce the original signed application and all billing statements from Issuer to
Defendant.

Please produce all documents evidencing Defendant’s payments made on this account
from the date it was opened until charged off.

If Defendant denies having used or received the line of credit, loan or lease please
produce all documents evidencing the person that is responsible for the Account in
question in Plaintiff's Complaint.

If Defendant contends or believes that the debt that is the subject of this suit is the
obligation of any entity or corporation other than Defendant, please produce the
documents on which any such contention of belief is based.

With regard to each expert identified in Defendant’s response to Plaintiff's
Interrogatories, please produce:

(b) the expert’s resume or curriculum vitae;
(a) all non-privileged notes pertaining to the expert’s opinions in this action;
(b) _ any reports prepared by such expert;

(d) all correspondence between you and your attorneys and each such expert.CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, pursuant to Florida Rule of Judicial Adminstration 2.516, a
true and correct copy of the foregoing has been furnished via electronic mail to Michael Zapin,
Esq. at that attorney's designated email address(es).

Dated: January 390 15

/s .
Bryan Manno, Esq.-6414573

Jeremy A. Soffler, Esq. -92059
Tina D. Gayle, Esq. -0636606
Casey J. Williams, Esq. -103199
Jayme S. Sellards, Esq. -60066
Marc T. Canzio, Esq. -106306
FEDERATED LAW GROUP, PLLC
13205 U.S. Highway 1, Suite 555
Juno Beach, Florida 33408

Tel: (888) 362-7684

Fax: (800) 391-2178

Document service e-mail:
bmanno@federatedlaw.com

Case Info

Judge

Levenson, Jeffrey R. Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

January 29, 2015

Case Filing Date

August 15, 2014

County

Parties

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