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Filing # 112707419 E-Filed 09/01/2020 01:20:55 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR BROWARD
COUNTY, FL
CASE NO. CACE-19-022183
COSTCO WHOLESALE CORPORATION,
Plaintiff,
vs.
COMUTEL SOLUTIONS LLC and
USIC, LLC,
Defendants.
R : IN R’
Plaintiff COSTCO WHOLESALE CORPORATION hereby responds in opposition to
Defendant USIC’s Motion for Summary Judgment, and in support thereof, states as follows:
USIC teceanized that Costco’s power lines were damaged but, in its Motion for
Summary Judgment, USIC argues it has no responsibility for the damage because, it says, it
had no obligation under Chapter 556/Florida’s One Call System to mark private power lines
owned by Costco.
USIC argues that USIC had no duty to locate/mark the private Costco lines because
Costco is not a member of the One Call System and because Costco did not hire USIC to mark
its lines (See generally Motion for Summary Judgment).
The fatal defect in USIC’s Motion for Summary Judgment Is that it does not mention the
| events of February 22, which is the day that the accident occurred. USIC does not disclose that
i ' Costco had no reason to hire USIC (or anyone else) to mark its power lines because it is undisputed that Costco
: had no notice or knowledge that anyone was going to be excavating/digging in the USIC and its locator (Fernando
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/01/2020 01:20:53 PM.****the USIC employee that had marked the FP&L lines on February 17, 2018 (Fernando
Rodriguez) was summoned back to the worksite on February 22 by the company that was
performing the digging/excavation (Comutel) because the Comutel work crew was concerned
that there were unmarked power lines in the area.
The record in this case establishes:
e Comutel was hired to install underground conduit lines for AT&T; 2
¢ Comutel called the Sunshine 811 Hotline (ie. Florida’s One Call System)
to have underground utilities in that area marked before installing the
AT&T underground utilities;3
e On February 17, 2018, USIC’s employee (Fernando Rodriguez) marked
underground electrical lines running north and south to and from a
transformer box (located behind Costco);+
¢ No lines were marked running east or west away from the transformer
box;5
e On February 22, 2018, Comutel called USIC back out to the jobsite to
confirm there were no electrical lines running east or west from the
transformer;®
e USIC’s technician (Rodriguez) came back out to the site on February 22 -
before the Comutel crew started installing the underground AT&T
conduit lines - and confirmed there were no electrical lines running east-
west from the transformer;7
e The Comutel work crew independently requested the USIC locator to
confirm there were no underground utility lines in the vicinity of the
transformer running to Costco;8
Rodriguez) had no duty to locate/mark Costco’s private lines when Fernando Rodriguez marked other underground
utilities when he went to the scene on February 17.
? Comutel interrogatory answer #1.
> Comutel interrogatory answer #1.
* Comutel interrogatory answer #1 and also 7/2/20 deposition of Fernando Rodriguez at pg. 57, line 24,
through pg. 58, line 1,
+ Comutel interrogatory answers #1 and #4 and 7/2/20 deposition of Catherine Lasso at pg. 28, line 21, to
pg. 29, line 13,
* Comutel interrogatory answers #1, #4 and #6, and also 7/2/20 deposition of Catherine Lasso at pg, 26, line
19, through pg. 30, line 6.
7 Comutel interrogatory answers #1, #4 and #6, and also 7/2/20 deposition of Catherine Lasso at pg. 30, line
14, to pg. 31, line 5.
§ 7/2/20 deposition of Catherine Lasso at pg. 95, line 5, through pg, 96, line 4; and pe: 102, line 13, through
pg. 103, line 8.
[19-0299/4 126354/1] 2¢ USIC’s employee assured the Comutel work crew that it was safe to dig on
the east side of the transformer because there were no power lines
running east from the transformer to Costco. He also told the Comutel
work crew that the transformer was only there to service future needs
and that Costco's power lines came from a transformer located to the
north, by Costco’s gas station.?
Comutel’s internal documents!° confirms that Fernando Rodriguez was at the scene on
February 17, 2018 to mark the underground utilities and it confirms that, on 10:29 a.m. on
February 22 (the day that the damage occurred) Comutel called USIC with “questions
regarding the locate.” The USIC internal “ticket detail” reflects that Comutel’s call about
“the locate” was transferred to Fernando Rodriguez.
Although USIC’s locator (Mr. Rodriguez) denies having ever returned to the
worksite on February 22, he agreed that, if what Comutel claimed happened did, in fact,
take place, it would be “inexcusable,”
When deposed, USIC’s locator (Fernando Rodriguez) testified it was obvious there
was a power line running from the transformer to Costco.12 He also conceded that, if he
had told the Comutel crew there was no ling running from that transformer to Costco, he
would have misled them.13
He would have had no basis to tell Comutel’s work crew that Costco’s electrical
power was coming from the transformer located to the north by the Costco gas station.1+
° 7/2/20 deposition of Catherine Lasso at pg. 102, line 13, through pg. 103, line 8.
10 See the “Ticket Detail: 045807977” produced by USIC and attached hereto as Exhibit “1,”
' 7/2/20 deposition of Fernando Rodriguez at pg. 92, ines 6-15,
‘27/2/20 deposition of Fernando Rodriguez at pg. 87, lines 17-22.
13 7/2/20 deposition of Fernando Rodriguez at, pg, 89, lines 1-6,
'4 7/2/20 deposition of Fernando Rodriguez at pg. 90, lines 11-19, and pg. 91, lines 1-6.
[19-0299/4126354/1] 3Argument
Summary judgment is inappropriate, as there are disputed issues of material fact
concerning whether USIC, through its employee Mr. Rodriguez, assumed a duty to Costco to
properly convey information to Comutel regarding the location of Costco’s power lines once
asked by Comutel. This implicates the well-established “undertaker’s doctrine.”
As explained in Clay Elec, Co-op, Inc. v. Johnson, 873 So, 2d 1182 (Fla, 2003):
Whenever one undertakes to provide a service to others,
whether one does so gratuitously or by contract, the individual
who undertakes to provide the service—ie, the
“undertaker”—thereby assumes a duty to act carefully and to
not put others at an undue risk of harm3 This maxim, termed
the “undertaker's doctrine,” applies to both governmental‘ and
nongovernmental entities. The doctrine further applies not just
to parties in privity with one another—i.e,, the parties directly
involved in an agreement or undertaking—but also to third
parties. Florida courts have applied the doctrine to a variety of
third-party, contract-based negligence claims and ruled that
the defendants could be held liable, notwithstanding a lack of
privity.
Id, at 1186; see also Vendola v. S. Bell Tel. & Tel. Co, 474 So, 2d 275, 278 (Fla. 4th DCA
1985) (“When it undertook the service of tracing these calls, Southern Bell exposed itself to
that venerable principle of law that an action undertaken for the benefit of another, even
gratuitously, must be performed in accordance with an obligation to exercise reasonable
care.”),
Taking the evidence in the light most favorable to Costco, as the Court is required to
do, Comutel contacted USIC on the day of the subject incident, with a question about the
locate performed by USIC. According to Comutel’s representative, the work crew was
concerned there were unmarked power lines leading from the transformer to Costco.
Instead of informing Comutel that he could not determine one way or the other, USIC’s
[19-0299/4126354/1] 4employee Fernando Rodriguez told Comutel that there were no unmarked lines in that
vicinity. This inaccurate information led to Comutel drilling into Costco’s power line,
causing more than $70,000 in damages.
Relying on this evidence, it is Costco’s position that USIC, through it sending out an
employee in response to a question about the locate and through its employee providing
inaccurate information about the location of power lines, undertook a duty to act
reasonably and that it negligently failed to perform this duty.
The cases USIC relies on are inapposite. In Martin v, Fla. Power & Light Co., 909 So.
2d 555 (Fla. 4th DCA 2005), the appellate court held FPL owed no duty to plaintiff because
the locate request was for a different address than the one identified by the city and the
work by plaintiffs company commenced outside of the timeframes allowed for under
Chapter 556. Id. at 557. That is not the case here. Corfan Banco Asuncion Paraguay v,
Ocean Bank, 715 So. 2d 967 (Fla. 3d DCA 1998), only stands for the proposition that the
duty the plaintiff claimed was breached by the defendant “in its negligence count is exactly
the same duty established and now governed by the statute.” Id. at 971. Corfan does not
address the application of the undertaker’s doctrine.
Finally, as to USIC’s argument that Costco’s trespass claim should be dismissed
because there was a utility easement, USIC has presented no evidence to support this
contention. A review of the deposition testimony USIC cites for support shows that it was
USIC’s counsel who, without evidence, asked Costco’s representative whether he was
aware that USIC’s work was on a utility easement. (See USIC’s Exhibit “F” at pg. 101-102).
USIC counsel’s representations in a question, absent any documentary or testimonial
evidence, is not in and of itself evidence. It is USIC’s responsibility to show there was a
[19-0299/4 126354/1] 5utility easement at that location; USIC has failed to supply this Court with any such
evidence,
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true copy of the foregoing was furnished via Electronic
Service via the Florida Court's E-filing Eportal pursuant to the Supreme Court Administrative
Order AOSC13-490 on September 1, 2020, to: Michael J. Carney, Esq., Kubicki, Draper, One
East Broward Blvd., #1600, Ft Lauderdale, FL 33301 (mjc-kd@kubickidraper.com,
mjc@kubickidraper.com); and Jason Joffe, Esq., Squire Patton Boggs (US) LLP, 200 S. Biscayne
Blvd., #4700, Miami, FL 33131 (jason.joffe@squirepb.com;
joan.andersondavis@ squirepb.com; jan.kubicz@squirepb.com).
COONEY TRYBUS KWAVNICK PEETS
Attorneys for Plaintiff COSTCO
1600 W. Commercial Blvd., #200
Fort Lauderdale, FL 33309
(954) 568-6669; fax: (954) 568-0085
Primary e-mail; reception@ctkplaw.com
Secondary e-mail: tzaccour@ctkplaw.com
io
DAVID F, COONEY
Florida Bar No, 260215
[19-0299/4126354/1] 6Ticket Detail: 045807977
From: IRTHNet At: 02/14/18 05:29 PM Seq No: 1632
FPLBRO 13361 CALL SUNSHINE 02/14/18 13:29:36ET 045807977-000 GRID
Ticket : 045807977 Rev:000 Taken: 02/14/18 13:18ET
State: FL Cnty: BROWARD GeoPlace: PEMBROKE PINES
CallerPlace: PEMBROKE PINES
Subdivision:
Address
Street : DYKES RD
Cross 1 : PINES BLVD
Within 1/4 mile: ¥
Locat: STARTING AT A POINT OF 120FT N OF PINES BLVD LOCATE THE EAST SIDE OF
DYKES RD GOING N FOR 1200FT GOING TO A POINT OF APPROX 200FT N OF THE ENTRANCE,
OF THE OFFICES WESTFORK PLAZA FOLLOWING THE WHITE LINE
Remarks : *** LOOKUP BY MANUAL ***
Grids : 2600A8021B 2600B8021B _2600C8021B
Work date: 02/16/18 Time: 23:59ET Hrs note: 058 Category: 3 Duration: 01 MON
Due Date : 02/16/18 Time: 23:59ET Exp Date : 03/16/18 Time: 23:59ET
Work type: DIRECTIONAL DRILL Boring: ¥Y White-lined: Y¥
Ug/Oh/Both: U Machinery: Y Depth: 2-15FT Permits: Y N/A
Done for : AT&T
Company : COMUTEL SOLUTIONS LLC Type: CONT
Co addr : 10868 GARDEN RIDGE COURT
city DAVIE State: FL Zip: 33328
Caller : CATHERINE LASSO Phone: 305-213-6302
Contact : CATHERINE LASSO Phone: 305-213-6302
BestTime: ANYTIME
Mobile : 305-213-6302
Email : CATHERINE. LASSO@COMUTEL . NET
Submitted: 02/14/18 13:182T Oper: KAR
Mbrs : BC1338 CC1279 CP2048 CPP747 CS1288 FPLBRO LS1104 PGSND SB2186 SBF23
Email_From: irthnet@callsunshine.com
Email_Subject: Seq# 163. 045807977 for FPLBRO
Email_Recv_Date: 2018-02-14 16:29:49 CST
Email_Sent_Date: 2018-02-14 16:29:49 CST
Email_host: ticketsé.8lltickets.com
Email_user: 811.f£1.fpl
Email To: 611.f1.fpletickets.811tickets.com
Email ContentType: text/Plain; charset=US-ASCII
Email Timestamp: 2018-02-14 16:29:55 CST
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 1 of 64
USIC000001Ticket Detail:
045807977
Ticket Position:
Locates on this ticket:
Uaiity Tem (0 Status Detail Assigned To Locate Open?
Comcast FLS C1279 Marked 1 - Paint Only Rodriguez3, Fernando CLOSED
FPL - Elec FPLBRO Marked 1 - Paint Only Rodriguez3, Fernando CLOSED
Ticket Activity History:
DaterTime Type User Utility Feet Minute Addr. Description
2/14 12:30 PM — Info System - 0 0 0 Emergency = false
cst
2/14 12:30 PM Info System - 0 0 0 Meet= false
csT
2/14 12:30 PM — Info System - 0 0 0 Area = SFL-DL
cst
2/14 12:30PM arsed - Comcast FL S 0 0 _O Transmission #: 045807977-000 Feed: FLOC
cst
2/14 12:30PM arsed : Comeast FL S 0 0 __O Time Type = Normal
2/1412:30PM Assigned —System Comcast FL S 0 0 0 Assigned from (-) to SFL - TDL
csT cc1279
2/14 12:33 PM Visit /Work = SFL - TDL 7 oO oO 0 Start: 2/14/18 12:33 PMCST End: 2/14/18 12:33
cst PM CST
2/14 12:33 PM Status SFL - TDL Comeast FL. S 1 1 0 Not Yet Marked - Send to DL
cst 1279
2/14 12:33PM Assigned System Comcast FL S 0 0 0 Assigned from SFL - TDL to SFL - DL
cst c1279
2/1404:09PM Visit / Work Valdes, Gerald - 0 0 __O Start: 2/14/18 4:09 PMCST End: 2/14/18 4:09 PM
csT CST
2/14.04:09 PM Status Valdes, Gerald Comcast FL S 1 1 0 Not Yet Marked - Send to Field*
csT 1279
2/1404:09PM Assigned ~—-Valdes, Gerald Comeast FL S 0 0 __ 0 Assigned from SFL - DL to Rodriguez3, Fernando
CST c1279
2/1404:30PM —_Parsed - FPL - Elec 0 0 _O Transmission #: 045807977-000 Feed: FL_FPL
csT
2/1404:30PM arsed - FPL - Elec 0 0 _O Time Type = Afterhours
cst
2/1404:30PM Assigned System FPL - Elec 0 0 0 Assigned from (-) to Redriguez3, Fernando
csT FPLBRO
2/1603:22 PM — Visit /Work —Rodriguez3, Fernando. - 0 0 OO Start: 2/16/18 3:22 PM CST End: 2/16/18 3:22 PM
csT csT
2/16 03:22PM DueDate —-Rodriguez3, Fernando - 0 0 0 Due Date extended to 2/17/18 10:59 PM CST,
csT Extension approved by catherines / 305-213-6302
Reason: Ongoing Ticket
Notes: ok to start tomorrow
2116 03:22 PM Status Rodriguez3, Fernando Comeast FL S 0 0 0 Delay - Rescheduled (Not assigned at sync time)
cst cc1279
2/16 03:22 PM Status Rodriguez3, Fermando FPL - Elec 0 0 __O Delay - Rescheduled (Not assigned at sync time)
CST FPLBRO
2/16 03:22PM Responded Rodriguez3, Fernando Comcast FL S 0 0 0 Response '3F' was sent with reply: '1' (success)
CST
216 03:22 PM Responded Rodriguez3, Fernando Comcast FL S 0 0 0 Attachment FLOC_response_1518816169289.txt
CST was sent with response
2/16 03:22PM Responded —Rodriguez3, Fernando Florida Power 0 0 0 Response '52' was sent with reply: ‘successful
csT and Light - FL (success)
2116 03:22 PM Responded —_Rodriguez3, Florida 0 0 0 Attachment FL_FPL_response_1518816176356.
19.4701 | 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 2 of 64
USIC000002Ticket Detail: | 045807977
cst Fernando Power and txt was sent with response
Light - FL
2117 10:02 AM —_Visit/ Work — Rodriguez3, Fernando - 0 O_O Start: 2/17/18 10:02 AM CST. End: 2/17/18 10:14
csT AM CST
2117 10:14AM — Status Rodriguez3, Fernando Comcast FL S 1 6 0 Marked - 4 - Paint Only (Closed)
CST 1279
2117 10:14AM Status Rodriguez3, Fernando FPL - Elec 1 6 0 Marked - 4 - Paint Only (Closed)
csT FPLBRO
2117 10:15AM — Answer Rodriguez3, Fernando - 0 0 0 Please select the reason why this ticket was closed
csT late?
Project Ticket
2/17 10:15AM — Responded —Rodriguez3, Fernando Florida Power 0 0 _ O Response '45' was sent with reply: ‘successful
csT and Light - FL (success)
2/17 10:15AM — Responded —Rodriguez3, Fernando Florida Power 0 0 0 Attachment FL_FPL_response_1518884113233.bxt
csT and Light - FL was sent with response
247 10:15AM — Responded —Rodriguez3, Fernando Comcast FL S 0 0 0 Response '1'was sent with reply: ‘1’ (success)
csT
217 10:15AM — Responded —Rodriguez3, Femando Comcast FL S 0 0 0 Attachment FLOC_response_1518884113670.txt
cst was sent with response
2/22 10:28AM Note Smith, Sharonda - 0 0 0 caller had questions regarding the locate. transferd
csT caller to locator
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 3 of 64
USICO00003Ticket Detail:
Attachments
Attached to Name
045807977
Upload Date Uploaded by Created
Position
Fernando
Ticket 045807977 20180217110436_10 Feb 17, 2018 10.13 AMCST Rodriguez3, 2/17/18 11:04
Photo taken on 2/17/2018 11.0436 AM
19.4701 | 40847
Loh, Robin
Ticket Detail
Generated Nov 19, 2019 02:00 PM, CST
Page 4 of 64
usICco00004Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110440_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:04
6 Fermando
Photo taken on 2°17°2018 11:04:40 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 5 of 64
USIC000005Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
2/17/18 11:04
.
4
Property of Umted States Infrastructure Corporation
Photo taken on 2/17°2018 11:04:44 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 6 of 64
UsiCo00006Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110448_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:04
62228 ipa
Propesty of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:04:48 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 7 of 64
USICO00007Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110452_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:04
62229 ando
Property of Uuited States Infrastructure Corporation
Photo taken on 2/17°2018 11.04:52 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 8 of 64
usicoo0008Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110458_10 Feb 17, 2018 10.13 AMCST Rodriguez3, 2/17/18 11:04
6223 Fernando
Property of United States Infrastructure Corporanon
Photo taken on 217-2018 11:04:58 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 9 of 64
USICO00009Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110504_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:05
Fernando
Propesty of United States Infrastructure Corporation
Photo taken on 2/17°2018 14:05:04 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 10 of 64
USIC000010Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110508_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:05
62232.ipa 7 i Fernando |
J
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:03:08 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 11 of 64
usicoo0011Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110514_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:05
Property of United States Infrastructure Corporation
Photo taken on 2/17/2018 11:05. 14AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 12 of 64
usicoo0012Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110520_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:05
Property of United States Infrastructure Corporation
Photo taken on 2/17'2018 11:03:20 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 13 of 64
USIC000013Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110526_10 Feb 17, 2018 10.13AMCST Rodriguez3, 2/17/18 11:05
62235.ipq Fernando
Property of United States Infrastructure Corporanon
Photo taken on 2/17'2018 11:05:26 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 14 of 64
usicoo0014Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110530_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:05
36.100 Fernando
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:03:30 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 15 of 64
USICO00015Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
27/8 11:05
Propeity of United States Infrastructure Corporation
Photo taken on 2/17'2018 11.03:36 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 16 of 64
USIC000016Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110538_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/78 11:05
62238.ipa Fernando
Propesty of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:05:38 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 17 of 64
Usicoo0017Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110542_10 Feb 17, 2018 10.14 AMCST Rodriguez3, 2/17/18 11:05
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:05:42 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 18 of 64
USIC000018Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110546_10 Feb 17, 2018 10.14 AM CST _Rodriguez3, 2ATAB 14:05
62240ipa : Femando :
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:03:46 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 19 of 64
USIC000019Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110552_10 Feb 17, 2018 10.13 AMCST Rodriguez3, 2/17/18 11:05
Propesty of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:05:52 AM
19.4701 | 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 20 of 64
UsiC000020Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110600_10 Feb 17, 2018 10.13 AMCST Rodriguez3, 2/17/18 11:06
6224;
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11.06.00 AM
19.4701 | 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 21 of 64
usicoo0021Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110606_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:06
8224 SET Fernando . ae
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11.06:06 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 22 of 64
Usico00022Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
217/18 11:06
Photo taken on 2/17: 2018 11.06. 12 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 23 of 64
USIC000023Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110618_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:06
a Fernando
Ps ed ithe
Propesty of United States Infrastructure Corporation
Photo taken on 2/17'2018 11:06:18 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nav 19, 2019 02:00 PM, CST Page 24 of 64
usicoo0024Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110626_10 Feb 17, 2018 10.14AM CST Rodriguez3, 2/17/18 11:06
62246.ipa , Fernando,
Property of Umted States Infrastructure Corporation
Photo taken on 2/17/2018 11.06.26 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 25 of 64
USIC000025Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110630_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:06
Property of Umted States Infrastructure Corporanon
Photo taken on 2/17'2018 11:06:30 AM
19.4701 | 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 26 of 64
USIC000026Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110636_10 Feb 17, 2018 10.13 AM CST 2/17/18 11:06
Rodriguez3,
mae ande
Dan
FO PA) GAL) da
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11.06.36 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 27 of 64
UsiC000027Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110642_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:06
62249. ing ae Fernando
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 110642 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 28 of 64
US!C000028Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110644_10 Feb 17, 2018 10.14 AMCST Rodriguez3, 27/8 11:06
Fernando :
62250.ipa
Property of United States Infrastructure Corporation
Photo taken on 2°17°2018 11.06.44 AM
19.4701 / 40847 Ticket Detail
‘Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 29 of 64
Usico0002sTicket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110646_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:06
q Fernando.
on ein E
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:06:46 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 30 of 64
USIC000030Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110648_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:06
Fernando
Property of United States Infrastructure Corporation
Photo taken on 2°17°2018 11:06:48 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 31 of 64
USIC000031Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110650_10 Feb 17, 2018 10.14AM CST Rodriguez3, 2/17/18 11:06
62253 jpg 7
Fernando
Photo taken on 2/17'2018 11:06:50 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 32 of 64
‘USIC000032Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110652_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:06
Fi
62254 jpg ernando
Property of United States Infrastructure Corporanon
Photo taken on 2/17'2018 1:06:52 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 33 of 64
USIC000033.Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110656_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:06
255. ing Femando
Property of United States Infrastructure Corporation
Photo taken on 2°17'2018 11:06:56 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 34 of 64
USIC000034Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110704_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07
62256.ipa Ferna
Property of United States Infrastructure Corporation
Photo taken on 2/17/2018 14:07:04 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 35 of 64
USIC000035,Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110714_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:07
62257 .ipg a Fermando
i *
Property of United States Infrastructure Corporanon
Photo taken on 2/17°2018 11:07:14 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 36 of 64
USIC000036,Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110716_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07
62258 ipq Fi
eS a
Property of United States Infrastructure Corporation
Phote taken on 2/17°2018 11:07:16 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 37 of 64
USIC000037Ticket Detail: | 045807977 [INR
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110722_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07
62259 ing . 7 Jando ee
Photo taken on 2/17°2018 11.0722 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 38 of 64
USIC000038Ticket Detail: | 045807977 ;
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110724_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2718 11:07
60.ipg,
i i
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11.07 24AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 39 of 64
USIC000039Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110728_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2ATN8 11.07
Eon
tN
Propesty of Umted States Infrastructure Corporation
Photo taken on 2/17'2018 11:07 28 AM
19.4701 | 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 40 of 64
Usico00040Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110730_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07
4 oa Fernando
Property of Umted States Infrastructure Corporation
Photo taken on 2/17/2018 11:07:30 AM
19.4701 / 40847, Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 41 of 64
USsICo00041Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110734_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07
7 62263 ipa Fernando
Property of United States Infrastructure Corporation
Photo taken on 2/17'2018 11:07:34 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 42 of 64
USIC000042Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217110736_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07
62264 LC Fernando
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:07:36 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 43 of 64
USIC000043Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111158_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:11
Propesty of United States Infrastructure Corporation
Photo taken on 2/17/2018 11:11:58 AM
19.4701 | 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 44 of 64
USIC000044Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 eee 10 Feb 17, 2018 10.14 AM CST Rodriguez3, 27/18 11:12
Se
Property of United States Infrastructure Corporation
Photo taken on 2/17 -2018 11:12:02 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 45 of 64
Usico00045.Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111206_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 27/18 11:12
, _ 2267.ipa Fernando
Property of United States Infrastructure Corporation
Photo taken on 2°17°2018 11:12:06 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 46 of 64
USIC000046Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111208_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 27/8 11:12
62268 ipa
Propesty of United States Infrastructure Corporation
Photo taken on 2/17'2018 11:12:08 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 47 of 64
USIC000047Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111210_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 27/18 11:12
62269 jpg 7 Fermand
a IE “4
Property of United States Infrastructure Corporanon
Photo taken on 2/17°2018 11:12:10 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 48 of 64
Usico00048Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111214_10 Feb 17, 2018 10.14 AMCST Rodriguez3, 2/17/18 11:12
62270.ipq Fernand
*.
ia
_ 4 oe. ;
Property of United States Infrastructure Corporation
Photo taken on 2°17°2018 1t:12 4AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 49 of 64
usicoo0049Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111218_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/78 14:12
6 ipg
Fernando
Property of Umted States Infrastructure Corporation
Photo taken on 2/17°2018 11:12:18 AM
19.4701 | 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 50 of 64
USIC000050Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111222 10 Feb 17,2018 10.14 AM CST Rodriguez3, 2/17/18 11:12
i Fernando
'
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 1f:1222 AM
19.4701 | 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 51 of 64
USICO00051Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111224_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:12
62273.ipq Femange
Property of United States Infrastructure Corporanon
Photo taken on 2/17°2018 11.12-24AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 52 of 64
USICO00052Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111228_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/1718 11:12
i Fernando
Property of United States Infrastructure Corporation
Photo taken on 2/17'2018 11.1228 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 53 of 64
USIC000053.Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111230_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2A7N8 11:12
q _Femando |.
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:12:30 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 54 of 64
USICO000054Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111234_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:12
. Fernando
62276.ipa
Property of Umted States Infrastructure Corporation
Photo taken on 2/17'2018 11:12:34 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 55 of 64
Usico00055Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111236_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:12
oa ‘
Property of United States Infrastructure Corporation
Photo taken on 2/17/2018 11.12:36 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 56 of 64
UsICo00056.Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111242_10 Feb 17, 2018 10.14 AM CST 27/18 11:12
Bing
Rodriguez3,
Fernando
Property of United States Infrastructure Corporanon
Photo taken on 2/17°2018 1b:12:42 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 57 of 64
USIC000057Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111244_10 Feb 17, 2018 10.14 AMCST Rodriguez3, 27/8 11:12
ernando
Property of Cited States Infrastructure Corporation
Photo taken on 25172018 11.12 44AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 58 of 64
USICO00058Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111250_10 Feb 17,2018 10.14 AMCST Rodriguez3, 2/17/18 11:12
8 Fermando iE
Property of United States Infrastructure Corporation
Photo taken on 2717/2018 1b:12:50 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 59 of 64
USIC000053Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111252_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 14:12
62281 jpg : 7
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:12:52 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 60 of 64
USICOO0060Ticket Detail: | 045807977
Attached to Name
Upload Date Uploaded by
Created Position
Ticket 045807977 20180217111256_10 Feb 17, 2018 10.14 AMCST Redriguez3,
Property of United States Infrastructure Corporation
Photo taken on 2/17/2018 11:12:56 AM
2A7N8 14:12
a
19.4701 / 40847
Loh, Robin
Ticket Detail
Generated Nov 19, 2019 02:00 PM, CST
Page 61 of 64
Usico00061Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
2/17/18 11:13
Property of United States Infrastructure Corporation
Photo taken on 2/17'2018 11:13:00 AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 62 of 64
usico00062Ticket Detail: | 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 20180217111306_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:13
62284 ipa :
Property of United States Infrastructure Corporation
Photo taken on 2/17°2018 11:13.06AM
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 63 of 64
usico00063Ticket Detail: 045807977
Attached to Name Upload Date Uploaded by Created Position
Ticket 045807977 FL_FPL_response_15Feb 16, 2018 3.22 PMCST System
18816176356.txt
Ticket 045807977 FL_FPL_response_15Feb 17, 2018 10.15 AM CST System
18884113233.
Ticket 045807977 FLOC_response_151 Feb 16, 2018 3.22 PMCST System
8816169289. txt
Ticket 045807977 FLOC_response_151 Feb 17, 2018 10.15 AMCST System
8884113670.txt
19.4701 / 40847 Ticket Detail
Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 64 of 64
USIC000064
Preview
Filing # 112707419 E-Filed 09/01/2020 01:20:55 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FL CASE NO. CACE-19-022183 COSTCO WHOLESALE CORPORATION, Plaintiff, vs. COMUTEL SOLUTIONS LLC and USIC, LLC, Defendants. R : IN R’ Plaintiff COSTCO WHOLESALE CORPORATION hereby responds in opposition to Defendant USIC’s Motion for Summary Judgment, and in support thereof, states as follows: USIC teceanized that Costco’s power lines were damaged but, in its Motion for Summary Judgment, USIC argues it has no responsibility for the damage because, it says, it had no obligation under Chapter 556/Florida’s One Call System to mark private power lines owned by Costco. USIC argues that USIC had no duty to locate/mark the private Costco lines because Costco is not a member of the One Call System and because Costco did not hire USIC to mark its lines (See generally Motion for Summary Judgment). The fatal defect in USIC’s Motion for Summary Judgment Is that it does not mention the | events of February 22, which is the day that the accident occurred. USIC does not disclose that i ' Costco had no reason to hire USIC (or anyone else) to mark its power lines because it is undisputed that Costco : had no notice or knowledge that anyone was going to be excavating/digging in the USIC and its locator (Fernando *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/01/2020 01:20:53 PM.****the USIC employee that had marked the FP&L lines on February 17, 2018 (Fernando Rodriguez) was summoned back to the worksite on February 22 by the company that was performing the digging/excavation (Comutel) because the Comutel work crew was concerned that there were unmarked power lines in the area. The record in this case establishes: e Comutel was hired to install underground conduit lines for AT&T; 2 ¢ Comutel called the Sunshine 811 Hotline (ie. Florida’s One Call System) to have underground utilities in that area marked before installing the AT&T underground utilities;3 e On February 17, 2018, USIC’s employee (Fernando Rodriguez) marked underground electrical lines running north and south to and from a transformer box (located behind Costco);+ ¢ No lines were marked running east or west away from the transformer box;5 e On February 22, 2018, Comutel called USIC back out to the jobsite to confirm there were no electrical lines running east or west from the transformer;® e USIC’s technician (Rodriguez) came back out to the site on February 22 - before the Comutel crew started installing the underground AT&T conduit lines - and confirmed there were no electrical lines running east- west from the transformer;7 e The Comutel work crew independently requested the USIC locator to confirm there were no underground utility lines in the vicinity of the transformer running to Costco;8 Rodriguez) had no duty to locate/mark Costco’s private lines when Fernando Rodriguez marked other underground utilities when he went to the scene on February 17. ? Comutel interrogatory answer #1. > Comutel interrogatory answer #1. * Comutel interrogatory answer #1 and also 7/2/20 deposition of Fernando Rodriguez at pg. 57, line 24, through pg. 58, line 1, + Comutel interrogatory answers #1 and #4 and 7/2/20 deposition of Catherine Lasso at pg. 28, line 21, to pg. 29, line 13, * Comutel interrogatory answers #1, #4 and #6, and also 7/2/20 deposition of Catherine Lasso at pg, 26, line 19, through pg. 30, line 6. 7 Comutel interrogatory answers #1, #4 and #6, and also 7/2/20 deposition of Catherine Lasso at pg. 30, line 14, to pg. 31, line 5. § 7/2/20 deposition of Catherine Lasso at pg. 95, line 5, through pg, 96, line 4; and pe: 102, line 13, through pg. 103, line 8. [19-0299/4 126354/1] 2¢ USIC’s employee assured the Comutel work crew that it was safe to dig on the east side of the transformer because there were no power lines running east from the transformer to Costco. He also told the Comutel work crew that the transformer was only there to service future needs and that Costco's power lines came from a transformer located to the north, by Costco’s gas station.? Comutel’s internal documents!° confirms that Fernando Rodriguez was at the scene on February 17, 2018 to mark the underground utilities and it confirms that, on 10:29 a.m. on February 22 (the day that the damage occurred) Comutel called USIC with “questions regarding the locate.” The USIC internal “ticket detail” reflects that Comutel’s call about “the locate” was transferred to Fernando Rodriguez. Although USIC’s locator (Mr. Rodriguez) denies having ever returned to the worksite on February 22, he agreed that, if what Comutel claimed happened did, in fact, take place, it would be “inexcusable,” When deposed, USIC’s locator (Fernando Rodriguez) testified it was obvious there was a power line running from the transformer to Costco.12 He also conceded that, if he had told the Comutel crew there was no ling running from that transformer to Costco, he would have misled them.13 He would have had no basis to tell Comutel’s work crew that Costco’s electrical power was coming from the transformer located to the north by the Costco gas station.1+ ° 7/2/20 deposition of Catherine Lasso at pg. 102, line 13, through pg. 103, line 8. 10 See the “Ticket Detail: 045807977” produced by USIC and attached hereto as Exhibit “1,” ' 7/2/20 deposition of Fernando Rodriguez at pg. 92, ines 6-15, ‘27/2/20 deposition of Fernando Rodriguez at pg. 87, lines 17-22. 13 7/2/20 deposition of Fernando Rodriguez at, pg, 89, lines 1-6, '4 7/2/20 deposition of Fernando Rodriguez at pg. 90, lines 11-19, and pg. 91, lines 1-6. [19-0299/4126354/1] 3Argument Summary judgment is inappropriate, as there are disputed issues of material fact concerning whether USIC, through its employee Mr. Rodriguez, assumed a duty to Costco to properly convey information to Comutel regarding the location of Costco’s power lines once asked by Comutel. This implicates the well-established “undertaker’s doctrine.” As explained in Clay Elec, Co-op, Inc. v. Johnson, 873 So, 2d 1182 (Fla, 2003): Whenever one undertakes to provide a service to others, whether one does so gratuitously or by contract, the individual who undertakes to provide the service—ie, the “undertaker”—thereby assumes a duty to act carefully and to not put others at an undue risk of harm3 This maxim, termed the “undertaker's doctrine,” applies to both governmental‘ and nongovernmental entities. The doctrine further applies not just to parties in privity with one another—i.e,, the parties directly involved in an agreement or undertaking—but also to third parties. Florida courts have applied the doctrine to a variety of third-party, contract-based negligence claims and ruled that the defendants could be held liable, notwithstanding a lack of privity. Id, at 1186; see also Vendola v. S. Bell Tel. & Tel. Co, 474 So, 2d 275, 278 (Fla. 4th DCA 1985) (“When it undertook the service of tracing these calls, Southern Bell exposed itself to that venerable principle of law that an action undertaken for the benefit of another, even gratuitously, must be performed in accordance with an obligation to exercise reasonable care.”), Taking the evidence in the light most favorable to Costco, as the Court is required to do, Comutel contacted USIC on the day of the subject incident, with a question about the locate performed by USIC. According to Comutel’s representative, the work crew was concerned there were unmarked power lines leading from the transformer to Costco. Instead of informing Comutel that he could not determine one way or the other, USIC’s [19-0299/4126354/1] 4employee Fernando Rodriguez told Comutel that there were no unmarked lines in that vicinity. This inaccurate information led to Comutel drilling into Costco’s power line, causing more than $70,000 in damages. Relying on this evidence, it is Costco’s position that USIC, through it sending out an employee in response to a question about the locate and through its employee providing inaccurate information about the location of power lines, undertook a duty to act reasonably and that it negligently failed to perform this duty. The cases USIC relies on are inapposite. In Martin v, Fla. Power & Light Co., 909 So. 2d 555 (Fla. 4th DCA 2005), the appellate court held FPL owed no duty to plaintiff because the locate request was for a different address than the one identified by the city and the work by plaintiffs company commenced outside of the timeframes allowed for under Chapter 556. Id. at 557. That is not the case here. Corfan Banco Asuncion Paraguay v, Ocean Bank, 715 So. 2d 967 (Fla. 3d DCA 1998), only stands for the proposition that the duty the plaintiff claimed was breached by the defendant “in its negligence count is exactly the same duty established and now governed by the statute.” Id. at 971. Corfan does not address the application of the undertaker’s doctrine. Finally, as to USIC’s argument that Costco’s trespass claim should be dismissed because there was a utility easement, USIC has presented no evidence to support this contention. A review of the deposition testimony USIC cites for support shows that it was USIC’s counsel who, without evidence, asked Costco’s representative whether he was aware that USIC’s work was on a utility easement. (See USIC’s Exhibit “F” at pg. 101-102). USIC counsel’s representations in a question, absent any documentary or testimonial evidence, is not in and of itself evidence. It is USIC’s responsibility to show there was a [19-0299/4 126354/1] 5utility easement at that location; USIC has failed to supply this Court with any such evidence, CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true copy of the foregoing was furnished via Electronic Service via the Florida Court's E-filing Eportal pursuant to the Supreme Court Administrative Order AOSC13-490 on September 1, 2020, to: Michael J. Carney, Esq., Kubicki, Draper, One East Broward Blvd., #1600, Ft Lauderdale, FL 33301 (mjc-kd@kubickidraper.com, mjc@kubickidraper.com); and Jason Joffe, Esq., Squire Patton Boggs (US) LLP, 200 S. Biscayne Blvd., #4700, Miami, FL 33131 (jason.joffe@squirepb.com; joan.andersondavis@ squirepb.com; jan.kubicz@squirepb.com). COONEY TRYBUS KWAVNICK PEETS Attorneys for Plaintiff COSTCO 1600 W. Commercial Blvd., #200 Fort Lauderdale, FL 33309 (954) 568-6669; fax: (954) 568-0085 Primary e-mail; reception@ctkplaw.com Secondary e-mail: tzaccour@ctkplaw.com io DAVID F, COONEY Florida Bar No, 260215 [19-0299/4126354/1] 6Ticket Detail: 045807977 From: IRTHNet At: 02/14/18 05:29 PM Seq No: 1632 FPLBRO 13361 CALL SUNSHINE 02/14/18 13:29:36ET 045807977-000 GRID Ticket : 045807977 Rev:000 Taken: 02/14/18 13:18ET State: FL Cnty: BROWARD GeoPlace: PEMBROKE PINES CallerPlace: PEMBROKE PINES Subdivision: Address Street : DYKES RD Cross 1 : PINES BLVD Within 1/4 mile: ¥ Locat: STARTING AT A POINT OF 120FT N OF PINES BLVD LOCATE THE EAST SIDE OF DYKES RD GOING N FOR 1200FT GOING TO A POINT OF APPROX 200FT N OF THE ENTRANCE, OF THE OFFICES WESTFORK PLAZA FOLLOWING THE WHITE LINE Remarks : *** LOOKUP BY MANUAL *** Grids : 2600A8021B 2600B8021B _2600C8021B Work date: 02/16/18 Time: 23:59ET Hrs note: 058 Category: 3 Duration: 01 MON Due Date : 02/16/18 Time: 23:59ET Exp Date : 03/16/18 Time: 23:59ET Work type: DIRECTIONAL DRILL Boring: ¥Y White-lined: Y¥ Ug/Oh/Both: U Machinery: Y Depth: 2-15FT Permits: Y N/A Done for : AT&T Company : COMUTEL SOLUTIONS LLC Type: CONT Co addr : 10868 GARDEN RIDGE COURT city DAVIE State: FL Zip: 33328 Caller : CATHERINE LASSO Phone: 305-213-6302 Contact : CATHERINE LASSO Phone: 305-213-6302 BestTime: ANYTIME Mobile : 305-213-6302 Email : CATHERINE. LASSO@COMUTEL . NET Submitted: 02/14/18 13:182T Oper: KAR Mbrs : BC1338 CC1279 CP2048 CPP747 CS1288 FPLBRO LS1104 PGSND SB2186 SBF23 Email_From: irthnet@callsunshine.com Email_Subject: Seq# 163. 045807977 for FPLBRO Email_Recv_Date: 2018-02-14 16:29:49 CST Email_Sent_Date: 2018-02-14 16:29:49 CST Email_host: ticketsé.8lltickets.com Email_user: 811.f£1.fpl Email To: 611.f1.fpletickets.811tickets.com Email ContentType: text/Plain; charset=US-ASCII Email Timestamp: 2018-02-14 16:29:55 CST 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 1 of 64 USIC000001Ticket Detail: 045807977 Ticket Position: Locates on this ticket: Uaiity Tem (0 Status Detail Assigned To Locate Open? Comcast FLS C1279 Marked 1 - Paint Only Rodriguez3, Fernando CLOSED FPL - Elec FPLBRO Marked 1 - Paint Only Rodriguez3, Fernando CLOSED Ticket Activity History: DaterTime Type User Utility Feet Minute Addr. Description 2/14 12:30 PM — Info System - 0 0 0 Emergency = false cst 2/14 12:30 PM Info System - 0 0 0 Meet= false csT 2/14 12:30 PM — Info System - 0 0 0 Area = SFL-DL cst 2/14 12:30PM arsed - Comcast FL S 0 0 _O Transmission #: 045807977-000 Feed: FLOC cst 2/14 12:30PM arsed : Comeast FL S 0 0 __O Time Type = Normal 2/1412:30PM Assigned —System Comcast FL S 0 0 0 Assigned from (-) to SFL - TDL csT cc1279 2/14 12:33 PM Visit /Work = SFL - TDL 7 oO oO 0 Start: 2/14/18 12:33 PMCST End: 2/14/18 12:33 cst PM CST 2/14 12:33 PM Status SFL - TDL Comeast FL. S 1 1 0 Not Yet Marked - Send to DL cst 1279 2/14 12:33PM Assigned System Comcast FL S 0 0 0 Assigned from SFL - TDL to SFL - DL cst c1279 2/1404:09PM Visit / Work Valdes, Gerald - 0 0 __O Start: 2/14/18 4:09 PMCST End: 2/14/18 4:09 PM csT CST 2/14.04:09 PM Status Valdes, Gerald Comcast FL S 1 1 0 Not Yet Marked - Send to Field* csT 1279 2/1404:09PM Assigned ~—-Valdes, Gerald Comeast FL S 0 0 __ 0 Assigned from SFL - DL to Rodriguez3, Fernando CST c1279 2/1404:30PM —_Parsed - FPL - Elec 0 0 _O Transmission #: 045807977-000 Feed: FL_FPL csT 2/1404:30PM arsed - FPL - Elec 0 0 _O Time Type = Afterhours cst 2/1404:30PM Assigned System FPL - Elec 0 0 0 Assigned from (-) to Redriguez3, Fernando csT FPLBRO 2/1603:22 PM — Visit /Work —Rodriguez3, Fernando. - 0 0 OO Start: 2/16/18 3:22 PM CST End: 2/16/18 3:22 PM csT csT 2/16 03:22PM DueDate —-Rodriguez3, Fernando - 0 0 0 Due Date extended to 2/17/18 10:59 PM CST, csT Extension approved by catherines / 305-213-6302 Reason: Ongoing Ticket Notes: ok to start tomorrow 2116 03:22 PM Status Rodriguez3, Fernando Comeast FL S 0 0 0 Delay - Rescheduled (Not assigned at sync time) cst cc1279 2/16 03:22 PM Status Rodriguez3, Fermando FPL - Elec 0 0 __O Delay - Rescheduled (Not assigned at sync time) CST FPLBRO 2/16 03:22PM Responded Rodriguez3, Fernando Comcast FL S 0 0 0 Response '3F' was sent with reply: '1' (success) CST 216 03:22 PM Responded Rodriguez3, Fernando Comcast FL S 0 0 0 Attachment FLOC_response_1518816169289.txt CST was sent with response 2/16 03:22PM Responded —Rodriguez3, Fernando Florida Power 0 0 0 Response '52' was sent with reply: ‘successful csT and Light - FL (success) 2116 03:22 PM Responded —_Rodriguez3, Florida 0 0 0 Attachment FL_FPL_response_1518816176356. 19.4701 | 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 2 of 64 USIC000002Ticket Detail: | 045807977 cst Fernando Power and txt was sent with response Light - FL 2117 10:02 AM —_Visit/ Work — Rodriguez3, Fernando - 0 O_O Start: 2/17/18 10:02 AM CST. End: 2/17/18 10:14 csT AM CST 2117 10:14AM — Status Rodriguez3, Fernando Comcast FL S 1 6 0 Marked - 4 - Paint Only (Closed) CST 1279 2117 10:14AM Status Rodriguez3, Fernando FPL - Elec 1 6 0 Marked - 4 - Paint Only (Closed) csT FPLBRO 2117 10:15AM — Answer Rodriguez3, Fernando - 0 0 0 Please select the reason why this ticket was closed csT late? Project Ticket 2/17 10:15AM — Responded —Rodriguez3, Fernando Florida Power 0 0 _ O Response '45' was sent with reply: ‘successful csT and Light - FL (success) 2/17 10:15AM — Responded —Rodriguez3, Fernando Florida Power 0 0 0 Attachment FL_FPL_response_1518884113233.bxt csT and Light - FL was sent with response 247 10:15AM — Responded —Rodriguez3, Fernando Comcast FL S 0 0 0 Response '1'was sent with reply: ‘1’ (success) csT 217 10:15AM — Responded —Rodriguez3, Femando Comcast FL S 0 0 0 Attachment FLOC_response_1518884113670.txt cst was sent with response 2/22 10:28AM Note Smith, Sharonda - 0 0 0 caller had questions regarding the locate. transferd csT caller to locator 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 3 of 64 USICO00003Ticket Detail: Attachments Attached to Name 045807977 Upload Date Uploaded by Created Position Fernando Ticket 045807977 20180217110436_10 Feb 17, 2018 10.13 AMCST Rodriguez3, 2/17/18 11:04 Photo taken on 2/17/2018 11.0436 AM 19.4701 | 40847 Loh, Robin Ticket Detail Generated Nov 19, 2019 02:00 PM, CST Page 4 of 64 usICco00004Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110440_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:04 6 Fermando Photo taken on 2°17°2018 11:04:40 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 5 of 64 USIC000005Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position 2/17/18 11:04 . 4 Property of Umted States Infrastructure Corporation Photo taken on 2/17°2018 11:04:44 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 6 of 64 UsiCo00006Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110448_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:04 62228 ipa Propesty of United States Infrastructure Corporation Photo taken on 2/17°2018 11:04:48 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 7 of 64 USICO00007Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110452_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:04 62229 ando Property of Uuited States Infrastructure Corporation Photo taken on 2/17°2018 11.04:52 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 8 of 64 usicoo0008Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110458_10 Feb 17, 2018 10.13 AMCST Rodriguez3, 2/17/18 11:04 6223 Fernando Property of United States Infrastructure Corporanon Photo taken on 217-2018 11:04:58 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 9 of 64 USICO00009Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110504_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:05 Fernando Propesty of United States Infrastructure Corporation Photo taken on 2/17°2018 14:05:04 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 10 of 64 USIC000010Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110508_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:05 62232.ipa 7 i Fernando | J Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11:03:08 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 11 of 64 usicoo0011Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110514_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:05 Property of United States Infrastructure Corporation Photo taken on 2/17/2018 11:05. 14AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 12 of 64 usicoo0012Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110520_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:05 Property of United States Infrastructure Corporation Photo taken on 2/17'2018 11:03:20 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 13 of 64 USIC000013Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110526_10 Feb 17, 2018 10.13AMCST Rodriguez3, 2/17/18 11:05 62235.ipq Fernando Property of United States Infrastructure Corporanon Photo taken on 2/17'2018 11:05:26 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 14 of 64 usicoo0014Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110530_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:05 36.100 Fernando Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11:03:30 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 15 of 64 USICO00015Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position 27/8 11:05 Propeity of United States Infrastructure Corporation Photo taken on 2/17'2018 11.03:36 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 16 of 64 USIC000016Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110538_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/78 11:05 62238.ipa Fernando Propesty of United States Infrastructure Corporation Photo taken on 2/17°2018 11:05:38 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 17 of 64 Usicoo0017Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110542_10 Feb 17, 2018 10.14 AMCST Rodriguez3, 2/17/18 11:05 Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11:05:42 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 18 of 64 USIC000018Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110546_10 Feb 17, 2018 10.14 AM CST _Rodriguez3, 2ATAB 14:05 62240ipa : Femando : Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11:03:46 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 19 of 64 USIC000019Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110552_10 Feb 17, 2018 10.13 AMCST Rodriguez3, 2/17/18 11:05 Propesty of United States Infrastructure Corporation Photo taken on 2/17°2018 11:05:52 AM 19.4701 | 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 20 of 64 UsiC000020Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110600_10 Feb 17, 2018 10.13 AMCST Rodriguez3, 2/17/18 11:06 6224; Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11.06.00 AM 19.4701 | 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 21 of 64 usicoo0021Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110606_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:06 8224 SET Fernando . ae Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11.06:06 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 22 of 64 Usico00022Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position 217/18 11:06 Photo taken on 2/17: 2018 11.06. 12 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 23 of 64 USIC000023Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110618_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:06 a Fernando Ps ed ithe Propesty of United States Infrastructure Corporation Photo taken on 2/17'2018 11:06:18 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nav 19, 2019 02:00 PM, CST Page 24 of 64 usicoo0024Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110626_10 Feb 17, 2018 10.14AM CST Rodriguez3, 2/17/18 11:06 62246.ipa , Fernando, Property of Umted States Infrastructure Corporation Photo taken on 2/17/2018 11.06.26 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 25 of 64 USIC000025Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110630_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:06 Property of Umted States Infrastructure Corporanon Photo taken on 2/17'2018 11:06:30 AM 19.4701 | 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 26 of 64 USIC000026Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110636_10 Feb 17, 2018 10.13 AM CST 2/17/18 11:06 Rodriguez3, mae ande Dan FO PA) GAL) da Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11.06.36 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 27 of 64 UsiC000027Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110642_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:06 62249. ing ae Fernando Property of United States Infrastructure Corporation Photo taken on 2/17°2018 110642 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 28 of 64 US!C000028Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110644_10 Feb 17, 2018 10.14 AMCST Rodriguez3, 27/8 11:06 Fernando : 62250.ipa Property of United States Infrastructure Corporation Photo taken on 2°17°2018 11.06.44 AM 19.4701 / 40847 Ticket Detail ‘Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 29 of 64 Usico0002sTicket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110646_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:06 q Fernando. on ein E Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11:06:46 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 30 of 64 USIC000030Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110648_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:06 Fernando Property of United States Infrastructure Corporation Photo taken on 2°17°2018 11:06:48 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 31 of 64 USIC000031Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110650_10 Feb 17, 2018 10.14AM CST Rodriguez3, 2/17/18 11:06 62253 jpg 7 Fernando Photo taken on 2/17'2018 11:06:50 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 32 of 64 ‘USIC000032Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110652_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:06 Fi 62254 jpg ernando Property of United States Infrastructure Corporanon Photo taken on 2/17'2018 1:06:52 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 33 of 64 USIC000033.Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110656_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:06 255. ing Femando Property of United States Infrastructure Corporation Photo taken on 2°17'2018 11:06:56 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 34 of 64 USIC000034Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110704_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07 62256.ipa Ferna Property of United States Infrastructure Corporation Photo taken on 2/17/2018 14:07:04 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 35 of 64 USIC000035,Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110714_10 Feb 17, 2018 10.13 AM CST Rodriguez3, 2/17/18 11:07 62257 .ipg a Fermando i * Property of United States Infrastructure Corporanon Photo taken on 2/17°2018 11:07:14 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 36 of 64 USIC000036,Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110716_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07 62258 ipq Fi eS a Property of United States Infrastructure Corporation Phote taken on 2/17°2018 11:07:16 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 37 of 64 USIC000037Ticket Detail: | 045807977 [INR Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110722_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07 62259 ing . 7 Jando ee Photo taken on 2/17°2018 11.0722 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 38 of 64 USIC000038Ticket Detail: | 045807977 ; Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110724_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2718 11:07 60.ipg, i i Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11.07 24AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 39 of 64 USIC000039Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110728_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2ATN8 11.07 Eon tN Propesty of Umted States Infrastructure Corporation Photo taken on 2/17'2018 11:07 28 AM 19.4701 | 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 40 of 64 Usico00040Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110730_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07 4 oa Fernando Property of Umted States Infrastructure Corporation Photo taken on 2/17/2018 11:07:30 AM 19.4701 / 40847, Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 41 of 64 USsICo00041Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110734_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07 7 62263 ipa Fernando Property of United States Infrastructure Corporation Photo taken on 2/17'2018 11:07:34 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 42 of 64 USIC000042Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217110736_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:07 62264 LC Fernando Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11:07:36 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 43 of 64 USIC000043Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111158_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:11 Propesty of United States Infrastructure Corporation Photo taken on 2/17/2018 11:11:58 AM 19.4701 | 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 44 of 64 USIC000044Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 eee 10 Feb 17, 2018 10.14 AM CST Rodriguez3, 27/18 11:12 Se Property of United States Infrastructure Corporation Photo taken on 2/17 -2018 11:12:02 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 45 of 64 Usico00045.Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111206_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 27/18 11:12 , _ 2267.ipa Fernando Property of United States Infrastructure Corporation Photo taken on 2°17°2018 11:12:06 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 46 of 64 USIC000046Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111208_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 27/8 11:12 62268 ipa Propesty of United States Infrastructure Corporation Photo taken on 2/17'2018 11:12:08 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 47 of 64 USIC000047Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111210_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 27/18 11:12 62269 jpg 7 Fermand a IE “4 Property of United States Infrastructure Corporanon Photo taken on 2/17°2018 11:12:10 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 48 of 64 Usico00048Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111214_10 Feb 17, 2018 10.14 AMCST Rodriguez3, 2/17/18 11:12 62270.ipq Fernand *. ia _ 4 oe. ; Property of United States Infrastructure Corporation Photo taken on 2°17°2018 1t:12 4AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 49 of 64 usicoo0049Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111218_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/78 14:12 6 ipg Fernando Property of Umted States Infrastructure Corporation Photo taken on 2/17°2018 11:12:18 AM 19.4701 | 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 50 of 64 USIC000050Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111222 10 Feb 17,2018 10.14 AM CST Rodriguez3, 2/17/18 11:12 i Fernando ' Property of United States Infrastructure Corporation Photo taken on 2/17°2018 1f:1222 AM 19.4701 | 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 51 of 64 USICO00051Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111224_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:12 62273.ipq Femange Property of United States Infrastructure Corporanon Photo taken on 2/17°2018 11.12-24AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 52 of 64 USICO00052Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111228_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/1718 11:12 i Fernando Property of United States Infrastructure Corporation Photo taken on 2/17'2018 11.1228 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 53 of 64 USIC000053.Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111230_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2A7N8 11:12 q _Femando |. Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11:12:30 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 54 of 64 USICO000054Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111234_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:12 . Fernando 62276.ipa Property of Umted States Infrastructure Corporation Photo taken on 2/17'2018 11:12:34 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 55 of 64 Usico00055Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111236_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:12 oa ‘ Property of United States Infrastructure Corporation Photo taken on 2/17/2018 11.12:36 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 56 of 64 UsICo00056.Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111242_10 Feb 17, 2018 10.14 AM CST 27/18 11:12 Bing Rodriguez3, Fernando Property of United States Infrastructure Corporanon Photo taken on 2/17°2018 1b:12:42 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 57 of 64 USIC000057Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111244_10 Feb 17, 2018 10.14 AMCST Rodriguez3, 27/8 11:12 ernando Property of Cited States Infrastructure Corporation Photo taken on 25172018 11.12 44AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 58 of 64 USICO00058Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111250_10 Feb 17,2018 10.14 AMCST Rodriguez3, 2/17/18 11:12 8 Fermando iE Property of United States Infrastructure Corporation Photo taken on 2717/2018 1b:12:50 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 59 of 64 USIC000053Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111252_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 14:12 62281 jpg : 7 Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11:12:52 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 60 of 64 USICOO0060Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111256_10 Feb 17, 2018 10.14 AMCST Redriguez3, Property of United States Infrastructure Corporation Photo taken on 2/17/2018 11:12:56 AM 2A7N8 14:12 a 19.4701 / 40847 Loh, Robin Ticket Detail Generated Nov 19, 2019 02:00 PM, CST Page 61 of 64 Usico00061Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position 2/17/18 11:13 Property of United States Infrastructure Corporation Photo taken on 2/17'2018 11:13:00 AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 62 of 64 usico00062Ticket Detail: | 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 20180217111306_10 Feb 17, 2018 10.14 AM CST Rodriguez3, 2/17/18 11:13 62284 ipa : Property of United States Infrastructure Corporation Photo taken on 2/17°2018 11:13.06AM 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 63 of 64 usico00063Ticket Detail: 045807977 Attached to Name Upload Date Uploaded by Created Position Ticket 045807977 FL_FPL_response_15Feb 16, 2018 3.22 PMCST System 18816176356.txt Ticket 045807977 FL_FPL_response_15Feb 17, 2018 10.15 AM CST System 18884113233. Ticket 045807977 FLOC_response_151 Feb 16, 2018 3.22 PMCST System 8816169289. txt Ticket 045807977 FLOC_response_151 Feb 17, 2018 10.15 AMCST System 8884113670.txt 19.4701 / 40847 Ticket Detail Loh, Robin Generated Nov 19, 2019 02:00 PM, CST Page 64 of 64 USIC000064