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Filing # 104656356 E-Filed 03/10/2020 04:07:05 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA CIVIL ACTION
ED ADME,
Plaintiff,
vs, CASE NO. CACE 19-026080
NEXT LEVEL BAR AND LOUNGE CORP, and
BOKER, LLC,
Defendants.
i
PLAINTIFF’S REQUEST TO PRODUCE DIRECTED TO DEFENDANT BOKER, LLC
COMES NOW the Plaintiff, by and through the undersigned attorney, and in accordance with
the applicable Rules of Civil Procedure, and requests the Defendant, BOKER, LLC, to produce all
items in possession or control of the Defendant, to the Plaintiff at the offices of Joseph R. North,
Esquire, 14241 Metro Parkway, Suite 200, Fort Myers, Florida 33912, within thirty (30) days from
the date of this request or at such reasonable time as may be agreed to by the attorneys for the parties,
for the purpose of inspection and/or copying, the following items, and for grounds thereof, would
show that these items are relevant and material to the above styled case, are not privileged and/or
work product, and that these items are otherwise not available to the Plaintiff. Moreover, the Plaintiff
would show that the production of these materials is vital and crucial to the presentation of the
Plaintiffs case and that the Plaintiff will be irreparably prejudiced without the production of the
same.
INSTRUCTIONS AND DEFINITIONS
a. In answering these Requests to Produce, you shall furnish all such information as is available
or known to you and all of your servants, employees, representative, agents, including
-1-
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/10/2020 04:07:05 PM.****attorneys. Should you claim privilege, set forth in detail in your answers hereto the grounds
for such claim, and the general nature of the information as to which you claim a privilege.
“YOU” and/or “DEFENDANT” and/or “BOKER LLC” may be used interchangeably
herein to refer to the Defendant, its limited partners, its general partners, its subsidiaries,
servants, employees, representatives, management companies, leasing agents, agents,
attorneys, successor or predecessors in interest.
As used herein, the term “DOCUMENTS” means: all manner of written, typewritten,
printed or recorded material whatsoever, including any graphic, mechanical or oral records
or recordings of any kind, correspondence, letters, telegrams, memoranda, records of
meetings or conferences, contracts, agreements, reports, checks, statements, receipts, returns,
summaries, tickets, drafts, interoffice and intra office communications, offers, notations of
conversations, records of telephone calls or meetings, printed matter, computer print-outs,
teletypes, telefax, invoices, pictures, blueprints, schematics, tape recordings, transcriptions
of records, video recordings, logbooks, business records and all drafts, alterations,
modifications, changes and amendments or any of the foregoing, of which you have
knowledge or which are now or were formerly in your actual or constructive possession,
custody, or control.
If you know that any document(s) falling within the scope of these requests has been
destroyed or lost, or is unavailable for any reason, you are requested to produce a written list
of any document(s) so unavailable, identifying each document as follows: the request(s) the
document pertain to; the date; addressor’s or author’s name, title and address; addressee’s
name, title and address; the name and address of every other person to who the document
was sent or shown; the subject matter of the document; the general character of the
document; as nearly as possible, the exact content of the document; and the reason for its
destruction or unavailability.
The term “DATE OF THIS INCIDENT” or “SUBJECT INCIDENT” may be used to refer
to May 12, 2019, the date on which Ed Adme was stabbed on the subject premises located
at 3670 N State Road 7, Lauderdale Lakes, Florida 33319.
The terms “subject property,” or “subject premises” will be used to refer to the property
located at 3670 N State Road 7, Lauderdale Lakes, Florida 33319.
PRODUCE THE FOLLOWING:
Pursuant to Florida Statutes, Sections 627.4137 and/or 627.7264, produce a complete copy
of any all policies of insurance that may cover the Defendant for the allegations set forth in
the Plaintiff's complaint, including any and all primary, excess and umbrella insurance
policies.10.
Produce any management contracts or agreements between the Defendant and any other
entity relating to the management or operation of the subject property, that was in effect on
the date of the subject incident.
Produce a legible copy of all leases, contracts, and/or other agreements in effect on the date
of the subject incident, between Defendant and Next Level Bar and Lounge Corp, or its
agents, if any exist.
Provide a legible copy of any and all security manuals, job descriptions, job applications,
hiring procedure guidelines, training manuals, videos, background check forms, and any
other written, visual, or audio material in effect during the three (3) years period prior to and
including the subject incident, which was used to hire, train, retain and supervise security
personnel and/or distributed to any security company contracted to provide security personnel
at any properties owned and/or managed by the Defendant.
Provide a legible copy of any and all security manuals, job descriptions, job applications,
hiring procedure guidelines, training manuals, videos, background check form, and any other
written, visual, or audio material used by the Defendant to hire, train, retain, and supervise
security personnel and/or which was distributed to any security company contracted to
provide security personnel for the subject property which were in effect during the three (3)
year period prior to and including the date of the subject incident.
Provide a legible copy of any and all written materials relating to security issues provided to
the Defendant by any company with whom it contracted to operate and/or manage the subject
property during the three (3) year period prior to and including the date of the subject
incident.
Provide a legible copy of any and all written materials relating to security issues provided to
the Defendant by any security company with whom it contracted to provide security services
at the subject property during the three (3) years period prior to and including the date of the
subject incident.
Provide a legible copy of any and all purchase orders and invoices for any surveillance
cameras, metal detectors, security wands, or other security equipment and devices installed
or used by the Defendant on the subject property during the three (3) year period prior to and
including the date of the subject incident.
Provide a legible copy of annual budgets from 2016-2019 containing any line item budget
figures for security services, or indirect security items such as exterior lighting, locks, gating,
fencing, controlled access features, cameras or other monitoring devices, and landscaping.
Provide the daily activity logs, time sheets, location logs, check-in sheets, incident reports,
and/or any other correspondence, notes, or memoranda that relate to the activities of any
-3-11.
12.
14,
15.
security personnel working at the subject property for the one (1) year period prior to and
including the date of the subject incident.
Provide the daily activity logs, time sheets, location logs, check-in sheets, incident reports
and/or any other correspondence, notes or memoranda that relate to the activities of any
security personnel working at the subject property on May 12, 2019. This request
encompasses documentation for all security personnel who were on duty at the time of the
subject incident.
Provide a legible copy of any and all written directives, post orders, and communications
between the Defendant and any security company with whom it contracted to provide
security services at the subject property for the five (5) years period prior to and including
the date of the subject incident.
Provide a legible copy of any and all written contracts/directives/communications between
the Defendant and any local police/law enforcement agencies which were in effect for the
one year period prior to and including the date of the subject incident regarding crimes which
were or may be committed at the subject property, including but not limited to the names of
any contact persons.
Produce a copy of any security audits relating to the subject property, whether prepared by
the Defendant or its agents or management company, or prepared by an independent security
company or law enforcement agency during the three (3) year period prior to and including
the date of the subject incident.
Produce any and all complaints or notations of complaints by tenants, patrons, guests, and/or
vendors of the subject property or employees or contractors of the Defendant to the
Defendant or the management company employed by the Defendant to manage and operate
the subject property, regarding any security issues, including but not limited to criminal
activity on the subject property, insufficient or broken lighting, insufficient or broken
fencing, insufficient or broken video camera equipment, insufficient or badly maintained
landscaping, insufficient or broken controlled access equipment, insufficient access control,
and/or insufficient manned security on the premises during a three (3) year period prior to
and including the date of the subject incident.
Produce any and all complaints or notations of complaints made by any neighboring property
to the Defendant, regarding any security issues, including but not limited to criminal activity
on the subject property, gunshots on the subject property, assaults on the subject property,
drug use/sales on the subject property, insufficient or broken lighting, insufficient or broken
fencing, insufficient or broken video camera equipment, insufficient or badly maintained
landscaping, insufficient or broken controlled access equipment, insufficient access control,
and/or insufficient manned security on the premises during a three (3) year period prior to
and including the date of the subject incident.
-4.17.
18.
19.
20.
21.
22,
Provide a copy of any and all police reports or calls for police service that were in your
possession prior to the shooting of Ed Adme.
Produce a legible copy of any videotapes, audiotapes, and/or any recordings produced from
surveillance equipment in or around the subject property on the date of the subject incident.
Produce any reports in your possession relating to the incident described in the Complaint
that took place on May 12, 2019, including but not limit to Arrest Affidavits, Offense
Incident Reports, supplemental police reports, the Criminal Court Case File, depositions,
memoranda, correspondence, notes, and any other type of reports gathered from the various
police departments/agencies who investigated the subject incident.
Provide copies of all written communications between you and any law enforcement entity
relating to crime, security services or safety upon the subject premises for the three (3) year
period immediately preceding and including the stabbing of Ed Adme
Produce a legible copy of all contracts, leases, and/or other agreements in effect on the date
of the subject incident between the Defendant and any person or entity whose documents
contain provisions/clauses related to the responsibilities of any party to the document for
providing, furnishing or maintaining security for the subject property.
Produce a legible copy of any and all documents that pertain to whether alcoholic beverages
are allowed or permitted to be sold and/or consumed on the subject premises.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the above and foregoing has been served and furnished by
ip
Electronic Mail to: eservicehwd@conroysimberg.com, sgreco@conroysimberg.com on this ot day
of March, 2020.
THE NORTH LAW FIRM, P.A.
Attorneys for the Plaintiff
14241 Metro Parkway, Suite 200
Fort Myers, Florida 33912
(239)
a ee
seph R. North, Esquire
Elorida Bar No. 855812
Preview
Filing # 104656356 E-Filed 03/10/2020 04:07:05 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL ACTION ED ADME, Plaintiff, vs, CASE NO. CACE 19-026080 NEXT LEVEL BAR AND LOUNGE CORP, and BOKER, LLC, Defendants. i PLAINTIFF’S REQUEST TO PRODUCE DIRECTED TO DEFENDANT BOKER, LLC COMES NOW the Plaintiff, by and through the undersigned attorney, and in accordance with the applicable Rules of Civil Procedure, and requests the Defendant, BOKER, LLC, to produce all items in possession or control of the Defendant, to the Plaintiff at the offices of Joseph R. North, Esquire, 14241 Metro Parkway, Suite 200, Fort Myers, Florida 33912, within thirty (30) days from the date of this request or at such reasonable time as may be agreed to by the attorneys for the parties, for the purpose of inspection and/or copying, the following items, and for grounds thereof, would show that these items are relevant and material to the above styled case, are not privileged and/or work product, and that these items are otherwise not available to the Plaintiff. Moreover, the Plaintiff would show that the production of these materials is vital and crucial to the presentation of the Plaintiffs case and that the Plaintiff will be irreparably prejudiced without the production of the same. INSTRUCTIONS AND DEFINITIONS a. In answering these Requests to Produce, you shall furnish all such information as is available or known to you and all of your servants, employees, representative, agents, including -1- *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/10/2020 04:07:05 PM.****attorneys. Should you claim privilege, set forth in detail in your answers hereto the grounds for such claim, and the general nature of the information as to which you claim a privilege. “YOU” and/or “DEFENDANT” and/or “BOKER LLC” may be used interchangeably herein to refer to the Defendant, its limited partners, its general partners, its subsidiaries, servants, employees, representatives, management companies, leasing agents, agents, attorneys, successor or predecessors in interest. As used herein, the term “DOCUMENTS” means: all manner of written, typewritten, printed or recorded material whatsoever, including any graphic, mechanical or oral records or recordings of any kind, correspondence, letters, telegrams, memoranda, records of meetings or conferences, contracts, agreements, reports, checks, statements, receipts, returns, summaries, tickets, drafts, interoffice and intra office communications, offers, notations of conversations, records of telephone calls or meetings, printed matter, computer print-outs, teletypes, telefax, invoices, pictures, blueprints, schematics, tape recordings, transcriptions of records, video recordings, logbooks, business records and all drafts, alterations, modifications, changes and amendments or any of the foregoing, of which you have knowledge or which are now or were formerly in your actual or constructive possession, custody, or control. If you know that any document(s) falling within the scope of these requests has been destroyed or lost, or is unavailable for any reason, you are requested to produce a written list of any document(s) so unavailable, identifying each document as follows: the request(s) the document pertain to; the date; addressor’s or author’s name, title and address; addressee’s name, title and address; the name and address of every other person to who the document was sent or shown; the subject matter of the document; the general character of the document; as nearly as possible, the exact content of the document; and the reason for its destruction or unavailability. The term “DATE OF THIS INCIDENT” or “SUBJECT INCIDENT” may be used to refer to May 12, 2019, the date on which Ed Adme was stabbed on the subject premises located at 3670 N State Road 7, Lauderdale Lakes, Florida 33319. The terms “subject property,” or “subject premises” will be used to refer to the property located at 3670 N State Road 7, Lauderdale Lakes, Florida 33319. PRODUCE THE FOLLOWING: Pursuant to Florida Statutes, Sections 627.4137 and/or 627.7264, produce a complete copy of any all policies of insurance that may cover the Defendant for the allegations set forth in the Plaintiff's complaint, including any and all primary, excess and umbrella insurance policies.10. Produce any management contracts or agreements between the Defendant and any other entity relating to the management or operation of the subject property, that was in effect on the date of the subject incident. Produce a legible copy of all leases, contracts, and/or other agreements in effect on the date of the subject incident, between Defendant and Next Level Bar and Lounge Corp, or its agents, if any exist. Provide a legible copy of any and all security manuals, job descriptions, job applications, hiring procedure guidelines, training manuals, videos, background check forms, and any other written, visual, or audio material in effect during the three (3) years period prior to and including the subject incident, which was used to hire, train, retain and supervise security personnel and/or distributed to any security company contracted to provide security personnel at any properties owned and/or managed by the Defendant. Provide a legible copy of any and all security manuals, job descriptions, job applications, hiring procedure guidelines, training manuals, videos, background check form, and any other written, visual, or audio material used by the Defendant to hire, train, retain, and supervise security personnel and/or which was distributed to any security company contracted to provide security personnel for the subject property which were in effect during the three (3) year period prior to and including the date of the subject incident. Provide a legible copy of any and all written materials relating to security issues provided to the Defendant by any company with whom it contracted to operate and/or manage the subject property during the three (3) year period prior to and including the date of the subject incident. Provide a legible copy of any and all written materials relating to security issues provided to the Defendant by any security company with whom it contracted to provide security services at the subject property during the three (3) years period prior to and including the date of the subject incident. Provide a legible copy of any and all purchase orders and invoices for any surveillance cameras, metal detectors, security wands, or other security equipment and devices installed or used by the Defendant on the subject property during the three (3) year period prior to and including the date of the subject incident. Provide a legible copy of annual budgets from 2016-2019 containing any line item budget figures for security services, or indirect security items such as exterior lighting, locks, gating, fencing, controlled access features, cameras or other monitoring devices, and landscaping. Provide the daily activity logs, time sheets, location logs, check-in sheets, incident reports, and/or any other correspondence, notes, or memoranda that relate to the activities of any -3-11. 12. 14, 15. security personnel working at the subject property for the one (1) year period prior to and including the date of the subject incident. Provide the daily activity logs, time sheets, location logs, check-in sheets, incident reports and/or any other correspondence, notes or memoranda that relate to the activities of any security personnel working at the subject property on May 12, 2019. This request encompasses documentation for all security personnel who were on duty at the time of the subject incident. Provide a legible copy of any and all written directives, post orders, and communications between the Defendant and any security company with whom it contracted to provide security services at the subject property for the five (5) years period prior to and including the date of the subject incident. Provide a legible copy of any and all written contracts/directives/communications between the Defendant and any local police/law enforcement agencies which were in effect for the one year period prior to and including the date of the subject incident regarding crimes which were or may be committed at the subject property, including but not limited to the names of any contact persons. Produce a copy of any security audits relating to the subject property, whether prepared by the Defendant or its agents or management company, or prepared by an independent security company or law enforcement agency during the three (3) year period prior to and including the date of the subject incident. Produce any and all complaints or notations of complaints by tenants, patrons, guests, and/or vendors of the subject property or employees or contractors of the Defendant to the Defendant or the management company employed by the Defendant to manage and operate the subject property, regarding any security issues, including but not limited to criminal activity on the subject property, insufficient or broken lighting, insufficient or broken fencing, insufficient or broken video camera equipment, insufficient or badly maintained landscaping, insufficient or broken controlled access equipment, insufficient access control, and/or insufficient manned security on the premises during a three (3) year period prior to and including the date of the subject incident. Produce any and all complaints or notations of complaints made by any neighboring property to the Defendant, regarding any security issues, including but not limited to criminal activity on the subject property, gunshots on the subject property, assaults on the subject property, drug use/sales on the subject property, insufficient or broken lighting, insufficient or broken fencing, insufficient or broken video camera equipment, insufficient or badly maintained landscaping, insufficient or broken controlled access equipment, insufficient access control, and/or insufficient manned security on the premises during a three (3) year period prior to and including the date of the subject incident. -4.17. 18. 19. 20. 21. 22, Provide a copy of any and all police reports or calls for police service that were in your possession prior to the shooting of Ed Adme. Produce a legible copy of any videotapes, audiotapes, and/or any recordings produced from surveillance equipment in or around the subject property on the date of the subject incident. Produce any reports in your possession relating to the incident described in the Complaint that took place on May 12, 2019, including but not limit to Arrest Affidavits, Offense Incident Reports, supplemental police reports, the Criminal Court Case File, depositions, memoranda, correspondence, notes, and any other type of reports gathered from the various police departments/agencies who investigated the subject incident. Provide copies of all written communications between you and any law enforcement entity relating to crime, security services or safety upon the subject premises for the three (3) year period immediately preceding and including the stabbing of Ed Adme Produce a legible copy of all contracts, leases, and/or other agreements in effect on the date of the subject incident between the Defendant and any person or entity whose documents contain provisions/clauses related to the responsibilities of any party to the document for providing, furnishing or maintaining security for the subject property. Produce a legible copy of any and all documents that pertain to whether alcoholic beverages are allowed or permitted to be sold and/or consumed on the subject premises. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the above and foregoing has been served and furnished by ip Electronic Mail to: eservicehwd@conroysimberg.com, sgreco@conroysimberg.com on this ot day of March, 2020. THE NORTH LAW FIRM, P.A. Attorneys for the Plaintiff 14241 Metro Parkway, Suite 200 Fort Myers, Florida 33912 (239) a ee seph R. North, Esquire Elorida Bar No. 855812