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Filing # 24598927 E-Filed 03/06/2015 04:20:03 PM
IN THE CIRCUIT COURT OF THE 17'"
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
EVERGREEN SWEETENERS, INC., Case No.: 14-010427
a Florida corporation,
Plaintiff,
Vv.
CUSTOM BEVERAGE CONCEPTS, INC.,
a Georgia corporation,
Defendant.
PLAINTIFF, EVERGREEN SWEETENERS, INC.’S
RESPONSES TO DEFENDANT'S SECOND REQUEST FOR PRODUCTION
Plaintiff, EVERGREEN SWEETENERS, INC., by and through its undersigned counsel
and pursuant to Fla. R. Civ. P. 1.350, hereby serves its Responses to Defendant’s Second
Request for Production served on February 5, 2015.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been electronically filed with the
Court and furnished this 6th day of March, 2015 in accordance with Fla.R.Jud.Admin.2.516 to
those on the attached Service List.
LEWIS BRISBOIS BISGAARD & SMITH, LLP
Attorneys for Plaintiff Evergreen Sweeteners, Inc.
110 SE 6" Street, 26" Floor
Fort Lauderdale, FL 33301
Telephone: — (954)728-1280
Facsimile: (954)728-1282
Ken Joyce@lewisbrisbois.com
icy. Schwartz@lewisb
sbois.com
ftlemaildesiz@Ibbslaw.com
BY: /s/Kenneth J. Joyce
KENNETH J. JOYCE
FBN: 986488
STACY M. SCHWARTZ
FBN: 0520411
4811-1420-9570.1
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 3/6/2015 4:20:03 PM.****SERVICE LIST
Brian A. Leung, Esq.
BrianLeung@holcomblaw.com
Nicole@holcomblaw.com
michelle@holcomblaw.com
Holcomb & Leung, P.A.
3203 W. Cypress St.
Tampa, FL 33607
Telephone: (813) 258-5835
Facsimile: (813) 258-5124
Attorney for Defendant, Custom Beverage Concepts, Inc.
4811-1420-9570.11.
DOCUMENTS TO BE PRODUCED
All Confirmation of Purchase and Sale documents entered by you for delivery of white
refined sugar during calendar year 2012.
2.
RESPONSE: Plaintiff objects on the grounds that the request is vague, ambiguous,
indefinite, and seeks confidential, proprietary business information that would
reveal trade secrets of the Plaintiff such as price, margin and supply terms. Plaintiff
further objects because the request is not relevant or reasonably calculated to lead
to the discovery of admissible evidence. The request for all of Plaintiff’s contracts to
deliver sugar to non-parties is not the measure of damage established by Florida
Statute §672.708. Plaintiff has previously produced documentation of its sale of
sugar not purchased by the Defendant during the relevant time frame.
All Confirmation of Purchase and Sale documents entered by you for delivery of white
refined sugar during calendar year 2013.
RESPONSE: Plaintiff objects on the grounds that the request is vague, ambiguous,
indefinite, and seeks confidential, proprietary business information that would
reveal trade secrets of the Plaintiff such as price, margin and supply terms. Plaintiff
further objects because the request is not relevant or reasonably calculated to lead
to the discovery of admissible evidence. The request for all of Plaintiffs contracts to
deliver sugar to non-parties is not the measure of damage established by Florida
Statute §672.708. Plaintiff has previously produced documentation of its sale of
sugar not purchased by the Defendant during the relevant time frame.
3. All Confirmation of Purchase and Sale documents entered by you for delivery of
white refined sugar during calendar year 2014.
3
4811-1420-9570.14.
ONSE: Plaintiff objects on the grounds that the request is vague, ambiguous,
indefinite, and seeks confidential, proprietary business information that would
reveal trade secrets of the Plaintiff such as price, margin and supply terms. Plaintiff
further objects because the request is not relevant or reasonably calculated to lead
to the discovery of admissible evidence. The request for all of Plaintiffs contracts to
deliver sugar to non-parties is not the measure of damage established by Florida
Statute §672.708. Plaintiff has previously produced documentation of its sale of
sugar not purchased by the Defendant during the relevant time frame.
All market studies and pricing models substantiating your representations of market price
increases to $62.76/cwt for white refined sugar prior to the 11/14/11 Confirmation of Purchase
and Sale document.
RESPONSE: Plaintiff objects on the grounds that the request is vague, ambiguous
and indefinite in that the request does not identify the representations by date, the
individual who made or received the representations, the medium used, or any
other context that would allow Plaintiff to identify responsive documents.
Additionally, the request is not relevant or reasonably calculated to lead to the
discovery of admissible evidence. The Parties are merchants who entered into a
contract for the purchase of a commodity over an extended period. There are no
representations, nor can there be, as to future market forces. Without further
identification of any such representation, the Plaintiff is not aware of any responsive
documents.
4811-1420-9570.15. All market studies and pricing models substantiating your representations of market price
of $45.50/cwt for white refined sugar prior to the 3/19/12 Confirmation of Purchase and Sale
documents.
RESPONSE: Plaintiff objects on the grounds that the request is vague, ambiguous
and indefinite in that the request does not identify the representations by date, the
individual who made or received the representations, the medium used, or any other
context that would allow Plaintiff to identify responsive documents. Additionally,
the request is not relevant or reasonably calculated to lead to the discovery of
admissible evidence. The Parties are merchants who entered into a contract for the
purchase of a commodity over an extended period. There are no representations,
nor can there be, as to future market forces. Without further identification of any
such representation, the Plaintiff is not aware of any responsive documents.
6. All market studies and pricing models substantiating your representations of market price
of $42.00/cwt for white refined sugar prior to the 2/6/13 Confirmation of Purchase and Sale
documents.
RESPONSE: Plaintiff objects on the grounds that the request is vague, ambiguous
and indefinite in that the request does not identify the representations by date, the
individual who made or received the representations, the medium used, or any
other context that would allow Plaintiff to identify responsive documents.
Additionally, the request is not relevant or reasonably calculated to lead to the
discovery of admissible evidence. The Parties are merchants who entered into a
contract for the purchase of a commodity over an extended period. There are no
representations, nor can there be, as to future market forces. Without further
4811-1420-9570.1identification of any such representation, the Plaintiff is not aware of any responsive
documents.
fhe All documents reflecting efforts to mitigate the damages claimed by EVERGREEN.
RESPONSE: See Documents bearing Bates Numbers EVERGREEN000924 -
EVERGREEN001506 produced in response to Custom Beverage Concept’s, Inc.’s
First Request for Production.
4811-1420-9570.1
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Filing # 24598927 E-Filed 03/06/2015 04:20:03 PM IN THE CIRCUIT COURT OF THE 17'" JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA EVERGREEN SWEETENERS, INC., Case No.: 14-010427 a Florida corporation, Plaintiff, Vv. CUSTOM BEVERAGE CONCEPTS, INC., a Georgia corporation, Defendant. PLAINTIFF, EVERGREEN SWEETENERS, INC.’S RESPONSES TO DEFENDANT'S SECOND REQUEST FOR PRODUCTION Plaintiff, EVERGREEN SWEETENERS, INC., by and through its undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, hereby serves its Responses to Defendant’s Second Request for Production served on February 5, 2015. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been electronically filed with the Court and furnished this 6th day of March, 2015 in accordance with Fla.R.Jud.Admin.2.516 to those on the attached Service List. LEWIS BRISBOIS BISGAARD & SMITH, LLP Attorneys for Plaintiff Evergreen Sweeteners, Inc. 110 SE 6" Street, 26" Floor Fort Lauderdale, FL 33301 Telephone: — (954)728-1280 Facsimile: (954)728-1282 Ken Joyce@lewisbrisbois.com icy. Schwartz@lewisb sbois.com ftlemaildesiz@Ibbslaw.com BY: /s/Kenneth J. Joyce KENNETH J. JOYCE FBN: 986488 STACY M. SCHWARTZ FBN: 0520411 4811-1420-9570.1 *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 3/6/2015 4:20:03 PM.****SERVICE LIST Brian A. Leung, Esq. BrianLeung@holcomblaw.com Nicole@holcomblaw.com michelle@holcomblaw.com Holcomb & Leung, P.A. 3203 W. Cypress St. Tampa, FL 33607 Telephone: (813) 258-5835 Facsimile: (813) 258-5124 Attorney for Defendant, Custom Beverage Concepts, Inc. 4811-1420-9570.11. DOCUMENTS TO BE PRODUCED All Confirmation of Purchase and Sale documents entered by you for delivery of white refined sugar during calendar year 2012. 2. RESPONSE: Plaintiff objects on the grounds that the request is vague, ambiguous, indefinite, and seeks confidential, proprietary business information that would reveal trade secrets of the Plaintiff such as price, margin and supply terms. Plaintiff further objects because the request is not relevant or reasonably calculated to lead to the discovery of admissible evidence. The request for all of Plaintiff’s contracts to deliver sugar to non-parties is not the measure of damage established by Florida Statute §672.708. Plaintiff has previously produced documentation of its sale of sugar not purchased by the Defendant during the relevant time frame. All Confirmation of Purchase and Sale documents entered by you for delivery of white refined sugar during calendar year 2013. RESPONSE: Plaintiff objects on the grounds that the request is vague, ambiguous, indefinite, and seeks confidential, proprietary business information that would reveal trade secrets of the Plaintiff such as price, margin and supply terms. Plaintiff further objects because the request is not relevant or reasonably calculated to lead to the discovery of admissible evidence. The request for all of Plaintiffs contracts to deliver sugar to non-parties is not the measure of damage established by Florida Statute §672.708. Plaintiff has previously produced documentation of its sale of sugar not purchased by the Defendant during the relevant time frame. 3. All Confirmation of Purchase and Sale documents entered by you for delivery of white refined sugar during calendar year 2014. 3 4811-1420-9570.14. ONSE: Plaintiff objects on the grounds that the request is vague, ambiguous, indefinite, and seeks confidential, proprietary business information that would reveal trade secrets of the Plaintiff such as price, margin and supply terms. Plaintiff further objects because the request is not relevant or reasonably calculated to lead to the discovery of admissible evidence. The request for all of Plaintiffs contracts to deliver sugar to non-parties is not the measure of damage established by Florida Statute §672.708. Plaintiff has previously produced documentation of its sale of sugar not purchased by the Defendant during the relevant time frame. All market studies and pricing models substantiating your representations of market price increases to $62.76/cwt for white refined sugar prior to the 11/14/11 Confirmation of Purchase and Sale document. RESPONSE: Plaintiff objects on the grounds that the request is vague, ambiguous and indefinite in that the request does not identify the representations by date, the individual who made or received the representations, the medium used, or any other context that would allow Plaintiff to identify responsive documents. Additionally, the request is not relevant or reasonably calculated to lead to the discovery of admissible evidence. The Parties are merchants who entered into a contract for the purchase of a commodity over an extended period. There are no representations, nor can there be, as to future market forces. Without further identification of any such representation, the Plaintiff is not aware of any responsive documents. 4811-1420-9570.15. All market studies and pricing models substantiating your representations of market price of $45.50/cwt for white refined sugar prior to the 3/19/12 Confirmation of Purchase and Sale documents. RESPONSE: Plaintiff objects on the grounds that the request is vague, ambiguous and indefinite in that the request does not identify the representations by date, the individual who made or received the representations, the medium used, or any other context that would allow Plaintiff to identify responsive documents. Additionally, the request is not relevant or reasonably calculated to lead to the discovery of admissible evidence. The Parties are merchants who entered into a contract for the purchase of a commodity over an extended period. There are no representations, nor can there be, as to future market forces. Without further identification of any such representation, the Plaintiff is not aware of any responsive documents. 6. All market studies and pricing models substantiating your representations of market price of $42.00/cwt for white refined sugar prior to the 2/6/13 Confirmation of Purchase and Sale documents. RESPONSE: Plaintiff objects on the grounds that the request is vague, ambiguous and indefinite in that the request does not identify the representations by date, the individual who made or received the representations, the medium used, or any other context that would allow Plaintiff to identify responsive documents. Additionally, the request is not relevant or reasonably calculated to lead to the discovery of admissible evidence. The Parties are merchants who entered into a contract for the purchase of a commodity over an extended period. There are no representations, nor can there be, as to future market forces. Without further 4811-1420-9570.1identification of any such representation, the Plaintiff is not aware of any responsive documents. fhe All documents reflecting efforts to mitigate the damages claimed by EVERGREEN. RESPONSE: See Documents bearing Bates Numbers EVERGREEN000924 - EVERGREEN001506 produced in response to Custom Beverage Concept’s, Inc.’s First Request for Production. 4811-1420-9570.1