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Filing # 111400184 E-Filed 08/06/2020 02:35:11 PM
COSTCO WHOLESALE CORPORATION, IN THE CIRCUIT COURT FOR THE
17TH JUDICIAL CIRCUIT IN AND
Plaintiff, FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE 19-022183
COMUTEL SOLUTIONS LLC, and USIC,
LLC
Defendants.
DEFENDANT, USIC, LLC OBJECTIONS AND RESPONSES TO PLAINTIFF’S JULY 9,
2020 REQUEST TO PRODUCE TO DEFENDANT USIC, LLC
Defendant, USIC, LLC (“USIC”), by and through undersigned counsel and pursuant to
Fla. R. Civ. P. 1.350, objects and responds to Plaintiff’s July 9, 2020 Request to Produce to
Defendant USIC, LLC (the “Requests”) as follows:
GENERAL STATEMENT
A. USIC has interpreted each request in a reasonable fashion and has made a good
faith effort to identify responsive and non-privileged documents.
B. USIC will produce any responsive, non-privileged documents at a mutually
agreeable time and place, and in a format agreed to among counsel.
Cc. Discovery is ongoing. To the extent USIC becomes aware of additional documents
that may render any of the below responses “incomplete,” USIC will endeavor to supplement any
such responses to the extent appropriate under the Florida Rules of Civil Procedure. USIC reserves
the right to present any applicable objections to the production of additional documents, if any.
D. To the extent opposing counsel considers any of USIC’s responses deficient or non-
compliant, USIC will endeavor to confer with opposing counsel in a good-faith effort to resolve
any discovery disputes.
010-9097-1522/1/AMERICAS
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/06/2020 02:35:10 PM.****RESPONSES AND OBJECTIONS TO SPECIFIC DOCUMENT REQUE:
Ss
1. A complete and color copy of every documented "Verbal Warning" pertaining to
Fernando Rodriguez.
USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead
to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez
marked any of the underground facilities in connection with Locate Ticket 4045807977 (relevant
to this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with
locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December
3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections,
USIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3),
and the documents produced in connection thereto.
2. A complete and color copy of each "Written Warning" pertaining to Fernando
Rodriguez.
USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead
to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez
marked any of the underground facilities in connection with Locate Ticket #045807977 (relevant
to this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with
locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December
3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections,
USIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3),
and the documents produced in connection thereto.
3. A complete and color copy of each USIC "Employee Discipline Record" pertaining
to Fernando Rodriguez.
USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead
to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez
010-9097-1522/1/AMERICASmarked any of the underground facilities in connection with Locate Ticket #045807977 (relevant
to this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with
locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December
3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections,
USIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3),
and the documents produced in connection thereto.
4, Fernando Rodriguez testified during his July 2, 2020 deposition that the USIC-issued
truck he was using on February 22, 2018 was equipped with GPS location equipment. He
also testified that the USIC-issued Dell laptop computer that he was using on February 22,
2018 was GPS-enabled. Rodriguez testified that USIC could identify his location when he
was working. Please produce a complete copy of all GPS information that indicates where
Fernando Rodriguez was located while working for USIC on February 22, 2018.
USIC Response: USIC objects to this request as harassing and not reasonably calculated to
lead to the discovery of admissible evidence. More specifically, Mr. Rodriguez’s whereabouts on
February 22, 2018 are irrelevant, because it is undisputed that Mr. Rodriguez only marked
underground facilities belonging to Member Operators FPL and Comcast in connection with
Locate Ticket #045807977. USIC (including its locator Mr. Rodriguez) had no duty to locate
private underground facilities belonging to CostCo, and was never hired or requested to perform
private locates on February 22, 2018. Further, it is also undisputed that USIC (including Mr.
Rodriguez) did not have access to any plaits, plans, or prints depicting the location of CostCo’s
private underground facilities as of February 22, 2018.
5. Please produce a complete and legible copy of each "Ticket Detail" for each ticket on
which Fernando Rodriguez worked on February 22, 2018.
USIC Response: USIC objects to this request as harassing and not reasonably calculated to
lead to the discovery of admissible evidence. More specifically, Mr. Rodriguez’s whereabouts on
February 22, 2018 are irrelevant, because it is undisputed that Mr. Rodriguez only marked
010-9097-1522/1/AMERICASunderground facilities belonging to Member Operators FPL and Comcast in connection with
Locate Ticket #045807977. USIC (including its locator Mr. Rodriguez) had no duty to locate
private underground facilities belonging to CostCo, and was never hired or requested to perform
private locates on February 22, 2018. Further, it is also undisputed that USIC (including Mr.
Rodriguez) did not have access to any plaits, plans, or prints depicting the location of CostCo’s
private underground facilities as of February 22, 2018.
6. Please produce a complete copy of each Ticket Detail on which Fernando Rodriguez
made an entry in the "Ticket Activity History" section on February 22, 2018.
USIC Response: USIC objects to this request as harassing and not reasonably calculated to
lead to the discovery of admissible evidence. More specifically, Mr. Rodriguez’s whereabouts on
February 22, 2018 are irrelevant, because it is undisputed that Mr. Rodriguez only marked
underground facilities belonging to Member Operators FPL and Comcast in connection with
Locate Ticket #045807977. USIC (including its locator Mr. Rodriguez) had no duty to locate
private underground facilities belonging to CostCo, and was never hired or requested to perform
private locates on February 22, 2018. Further, it is also undisputed that USIC (including Mr.
Rodriguez) did not have access to any plaits, plans, or prints depicting the location of CostCo’s
private underground facilities as of February 22, 2018.
7. Fernando Rodriguez testified during his July 2, 2020 deposition that there would have
been other instances of damage to underground utility facilities at jobsites where he had
located and marked underground utilities on behalf of USIC. Please produce a complete and
legible copy of the documents associated with each instance involving damage to an
underground facility at a jobsite where Fernando Rodriguez had been responsible for
locating and marking underground utilities on behalf of USIC.
USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead
to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez
marked any of the underground facilities in connection with Locate Ticket #045807977 (relevant
010-9097-1522/1/AMERICASto this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with
locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December
3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections,
USIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3),
and the documents produced in connection thereto.
8. Please produce a complete and legible copy of any disciplinary action taken by
USIC relative to Fernando Rodriguez.
USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead
to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez
marked any of the underground facilities in connection with Locate Ticket #045807977 (relevant
to this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with
locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December
3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections,
USIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3),
and the documents produced in connection thereto.
9. The 12/23/17 "USIC Employee Discipline Record" [USIC 000103] states that
"Fernando has five damages and two safety alerts." Please produce all of the documentation
pertaining to each of the "five damages" mentioned in the 12/23/17 USIC Employee
Discipline Record attached hereto as Exhibit "A."
USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead
to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez
marked any of the underground facilities in connection with Locate Ticket #045807977 (relevant
to this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with
locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December
3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections,
010-9097-1522/1/AMERICASUSIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3),
and the documents produced in connection thereto.
Dated: August 6, 2020
Respectfully Submitted,
SQUIRE PATTON BOGGS (US) LLP
200 South Biscayne Blvd, Suite 4700
Miami, FL 33131
Telephone: (305) 577-7000
Facsimile: (305) 577-7001
By: 4s/P. Jan Kubicz
Jason Daniel Joffe
Florida Bar No. 0013564
Email: jason.joffe@squirepb.com
P. Jan Kubicz
Florida Bar No. 84405
Email: jan.kubicz@squirepb.com
Attorneys for Defendant USIC, LLC d/b/a
USIC Locating Services, LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via
eservice@myflcourtaccess.com to all registered participants on this 6th day of August, 2020.
010-9097-1522/1/AMERICAS
By: /s/ P. Jan Kubicz
P. Jan Kubicz
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Filing # 111400184 E-Filed 08/06/2020 02:35:11 PM COSTCO WHOLESALE CORPORATION, IN THE CIRCUIT COURT FOR THE 17TH JUDICIAL CIRCUIT IN AND Plaintiff, FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 19-022183 COMUTEL SOLUTIONS LLC, and USIC, LLC Defendants. DEFENDANT, USIC, LLC OBJECTIONS AND RESPONSES TO PLAINTIFF’S JULY 9, 2020 REQUEST TO PRODUCE TO DEFENDANT USIC, LLC Defendant, USIC, LLC (“USIC”), by and through undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, objects and responds to Plaintiff’s July 9, 2020 Request to Produce to Defendant USIC, LLC (the “Requests”) as follows: GENERAL STATEMENT A. USIC has interpreted each request in a reasonable fashion and has made a good faith effort to identify responsive and non-privileged documents. B. USIC will produce any responsive, non-privileged documents at a mutually agreeable time and place, and in a format agreed to among counsel. Cc. Discovery is ongoing. To the extent USIC becomes aware of additional documents that may render any of the below responses “incomplete,” USIC will endeavor to supplement any such responses to the extent appropriate under the Florida Rules of Civil Procedure. USIC reserves the right to present any applicable objections to the production of additional documents, if any. D. To the extent opposing counsel considers any of USIC’s responses deficient or non- compliant, USIC will endeavor to confer with opposing counsel in a good-faith effort to resolve any discovery disputes. 010-9097-1522/1/AMERICAS *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/06/2020 02:35:10 PM.****RESPONSES AND OBJECTIONS TO SPECIFIC DOCUMENT REQUE: Ss 1. A complete and color copy of every documented "Verbal Warning" pertaining to Fernando Rodriguez. USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez marked any of the underground facilities in connection with Locate Ticket 4045807977 (relevant to this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December 3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections, USIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3), and the documents produced in connection thereto. 2. A complete and color copy of each "Written Warning" pertaining to Fernando Rodriguez. USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez marked any of the underground facilities in connection with Locate Ticket #045807977 (relevant to this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December 3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections, USIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3), and the documents produced in connection thereto. 3. A complete and color copy of each USIC "Employee Discipline Record" pertaining to Fernando Rodriguez. USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez 010-9097-1522/1/AMERICASmarked any of the underground facilities in connection with Locate Ticket #045807977 (relevant to this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December 3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections, USIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3), and the documents produced in connection thereto. 4, Fernando Rodriguez testified during his July 2, 2020 deposition that the USIC-issued truck he was using on February 22, 2018 was equipped with GPS location equipment. He also testified that the USIC-issued Dell laptop computer that he was using on February 22, 2018 was GPS-enabled. Rodriguez testified that USIC could identify his location when he was working. Please produce a complete copy of all GPS information that indicates where Fernando Rodriguez was located while working for USIC on February 22, 2018. USIC Response: USIC objects to this request as harassing and not reasonably calculated to lead to the discovery of admissible evidence. More specifically, Mr. Rodriguez’s whereabouts on February 22, 2018 are irrelevant, because it is undisputed that Mr. Rodriguez only marked underground facilities belonging to Member Operators FPL and Comcast in connection with Locate Ticket #045807977. USIC (including its locator Mr. Rodriguez) had no duty to locate private underground facilities belonging to CostCo, and was never hired or requested to perform private locates on February 22, 2018. Further, it is also undisputed that USIC (including Mr. Rodriguez) did not have access to any plaits, plans, or prints depicting the location of CostCo’s private underground facilities as of February 22, 2018. 5. Please produce a complete and legible copy of each "Ticket Detail" for each ticket on which Fernando Rodriguez worked on February 22, 2018. USIC Response: USIC objects to this request as harassing and not reasonably calculated to lead to the discovery of admissible evidence. More specifically, Mr. Rodriguez’s whereabouts on February 22, 2018 are irrelevant, because it is undisputed that Mr. Rodriguez only marked 010-9097-1522/1/AMERICASunderground facilities belonging to Member Operators FPL and Comcast in connection with Locate Ticket #045807977. USIC (including its locator Mr. Rodriguez) had no duty to locate private underground facilities belonging to CostCo, and was never hired or requested to perform private locates on February 22, 2018. Further, it is also undisputed that USIC (including Mr. Rodriguez) did not have access to any plaits, plans, or prints depicting the location of CostCo’s private underground facilities as of February 22, 2018. 6. Please produce a complete copy of each Ticket Detail on which Fernando Rodriguez made an entry in the "Ticket Activity History" section on February 22, 2018. USIC Response: USIC objects to this request as harassing and not reasonably calculated to lead to the discovery of admissible evidence. More specifically, Mr. Rodriguez’s whereabouts on February 22, 2018 are irrelevant, because it is undisputed that Mr. Rodriguez only marked underground facilities belonging to Member Operators FPL and Comcast in connection with Locate Ticket #045807977. USIC (including its locator Mr. Rodriguez) had no duty to locate private underground facilities belonging to CostCo, and was never hired or requested to perform private locates on February 22, 2018. Further, it is also undisputed that USIC (including Mr. Rodriguez) did not have access to any plaits, plans, or prints depicting the location of CostCo’s private underground facilities as of February 22, 2018. 7. Fernando Rodriguez testified during his July 2, 2020 deposition that there would have been other instances of damage to underground utility facilities at jobsites where he had located and marked underground utilities on behalf of USIC. Please produce a complete and legible copy of the documents associated with each instance involving damage to an underground facility at a jobsite where Fernando Rodriguez had been responsible for locating and marking underground utilities on behalf of USIC. USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez marked any of the underground facilities in connection with Locate Ticket #045807977 (relevant 010-9097-1522/1/AMERICASto this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December 3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections, USIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3), and the documents produced in connection thereto. 8. Please produce a complete and legible copy of any disciplinary action taken by USIC relative to Fernando Rodriguez. USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez marked any of the underground facilities in connection with Locate Ticket #045807977 (relevant to this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December 3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections, USIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3), and the documents produced in connection thereto. 9. The 12/23/17 "USIC Employee Discipline Record" [USIC 000103] states that "Fernando has five damages and two safety alerts." Please produce all of the documentation pertaining to each of the "five damages" mentioned in the 12/23/17 USIC Employee Discipline Record attached hereto as Exhibit "A." USIC Response: USIC objects to this request as overbroad and not reasonably calculated to lead to the discovery of admissible evidence, because there are no allegations that Mr. Rodriguez marked any of the underground facilities in connection with Locate Ticket #045807977 (relevant to this case) incorrectly, or that any of the underground facilities Mr. Rodriguez was tasked with locating were damaged. USIC also objects to this request as duplicative of Plaintiff's December 3, 2019 request to produce (No. 3). Subject to, and without waiving, the foregoing objections, 010-9097-1522/1/AMERICASUSIC refers counsel to its response to Plaintiff's December 3, 2019 request to produce (No. 3), and the documents produced in connection thereto. Dated: August 6, 2020 Respectfully Submitted, SQUIRE PATTON BOGGS (US) LLP 200 South Biscayne Blvd, Suite 4700 Miami, FL 33131 Telephone: (305) 577-7000 Facsimile: (305) 577-7001 By: 4s/P. Jan Kubicz Jason Daniel Joffe Florida Bar No. 0013564 Email: jason.joffe@squirepb.com P. Jan Kubicz Florida Bar No. 84405 Email: jan.kubicz@squirepb.com Attorneys for Defendant USIC, LLC d/b/a USIC Locating Services, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via eservice@myflcourtaccess.com to all registered participants on this 6th day of August, 2020. 010-9097-1522/1/AMERICAS By: /s/ P. Jan Kubicz P. Jan Kubicz