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Filing # 110893372 E-Filed 07/28/2020 11:31:12 AM
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 JUNE
30, 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 June 30, 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.
010-9095-6703/1/AMERICAS
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/28/2020 11:31:11 AM.****RESPONSES AND OBJECTIONS TO SPECIFIC DOCUMENT REQUE:
1. A complete and legible copy of USIC Locate-Employee Handbook.
USIC Response: USIC objects to this request, because it seeks information that USIC considers
confidential and proprietary. USIC also objects to this request as seeking information that is
irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More
specifically, USIC’s internal handbooks, policies, and training materials are not the relevant
standard applicable to any issues in this case. Further, such materials will result in a confusion of
issues and misleading the trier of fact.
2. A complete and legible copy of USIC Locate-Employee Policies.
USIC Response: USIC objects to this request, because it seeks information that USIC considers
confidential and proprietary. USIC also objects to this request as seeking information that is
irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More
specifically, USIC’s internal handbooks, policies, and training materials are not the relevant
standard applicable to any issues in this case. Further, such materials will result in a confusion of
issues and misleading the trier of fact.
3. A complete and legible copy of USIC Code of Conduct Training.
USIC Response: USIC objects to this request, because it seeks information that USIC considers
confidential and proprietary. USIC also objects to this request as seeking information that is
irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More
specifically, USIC’s internal handbooks, policies, and training materials are not the relevant
standard applicable to any issues in this case. Further, such materials will result in a confusion of
issues and misleading the trier of fact.
010-9095-6703/1/AMERICAS4. A complete and legible copy of Flex Locate Process: Equipment Operations.
USIC Response: USIC objects to this request, because it seeks information that USIC considers
confidential and proprietary. USIC also objects to this request as seeking information that is
irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More
specifically, USIC’s internal handbooks, policies, and training materials are not the relevant
standard applicable to any issues in this case. Further, such materials will result in a confusion of
issues and misleading the trier of fact.
5. A complete and legible copy of Flex Locate Process: Marketing Procedures.
USIC Response: USIC objects to this request, because it seeks information that USIC considers
confidential and proprietary. USIC also objects to this request as seeking information that is
irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More
specifically, USIC’s internal handbooks, policies, and training materials are not the relevant
standard applicable to any issues in this case. Further, such materials will result in a confusion of
issues and misleading the trier of fact.
6. A complete and legible copy of Flex Locate Process: Checklist.
USIC Response: USIC objects to this request, because it seeks information that USIC considers
confidential and proprietary. USIC also objects to this request as seeking information that is
irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More
specifically, USIC’s internal handbooks, policies, and training materials are not the relevant
standard applicable to any issues in this case. Further, such materials will result in a confusion of
issues and misleading the trier of fact.
010-9095-6703/1/AMERICASDated: July 28, 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
Copy to:
P. Jan Kubicz
Florida Bar No. 84405
an.kubicz@squirepb.com
Ema
Attorneys for Defendant USIC, LLC d/b/a
USIC Locating Services, LLC
CERTIFICATE OF SERVICE
1] HEREBY CERTIFY that a true and correct copy of the foregoing has been served via
eservice@myflcourtaccess.com to all registered participants on this 28th day of July, 2020.
010-9095-6703/1/AMERICAS
By: /s/ P. Jan Kubicz
P. Jan Kubicz
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Filing # 110893372 E-Filed 07/28/2020 11:31:12 AM 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 JUNE 30, 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 June 30, 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. 010-9095-6703/1/AMERICAS *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/28/2020 11:31:11 AM.****RESPONSES AND OBJECTIONS TO SPECIFIC DOCUMENT REQUE: 1. A complete and legible copy of USIC Locate-Employee Handbook. USIC Response: USIC objects to this request, because it seeks information that USIC considers confidential and proprietary. USIC also objects to this request as seeking information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More specifically, USIC’s internal handbooks, policies, and training materials are not the relevant standard applicable to any issues in this case. Further, such materials will result in a confusion of issues and misleading the trier of fact. 2. A complete and legible copy of USIC Locate-Employee Policies. USIC Response: USIC objects to this request, because it seeks information that USIC considers confidential and proprietary. USIC also objects to this request as seeking information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More specifically, USIC’s internal handbooks, policies, and training materials are not the relevant standard applicable to any issues in this case. Further, such materials will result in a confusion of issues and misleading the trier of fact. 3. A complete and legible copy of USIC Code of Conduct Training. USIC Response: USIC objects to this request, because it seeks information that USIC considers confidential and proprietary. USIC also objects to this request as seeking information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More specifically, USIC’s internal handbooks, policies, and training materials are not the relevant standard applicable to any issues in this case. Further, such materials will result in a confusion of issues and misleading the trier of fact. 010-9095-6703/1/AMERICAS4. A complete and legible copy of Flex Locate Process: Equipment Operations. USIC Response: USIC objects to this request, because it seeks information that USIC considers confidential and proprietary. USIC also objects to this request as seeking information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More specifically, USIC’s internal handbooks, policies, and training materials are not the relevant standard applicable to any issues in this case. Further, such materials will result in a confusion of issues and misleading the trier of fact. 5. A complete and legible copy of Flex Locate Process: Marketing Procedures. USIC Response: USIC objects to this request, because it seeks information that USIC considers confidential and proprietary. USIC also objects to this request as seeking information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More specifically, USIC’s internal handbooks, policies, and training materials are not the relevant standard applicable to any issues in this case. Further, such materials will result in a confusion of issues and misleading the trier of fact. 6. A complete and legible copy of Flex Locate Process: Checklist. USIC Response: USIC objects to this request, because it seeks information that USIC considers confidential and proprietary. USIC also objects to this request as seeking information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. More specifically, USIC’s internal handbooks, policies, and training materials are not the relevant standard applicable to any issues in this case. Further, such materials will result in a confusion of issues and misleading the trier of fact. 010-9095-6703/1/AMERICASDated: July 28, 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 Copy to: P. Jan Kubicz Florida Bar No. 84405 an.kubicz@squirepb.com Ema Attorneys for Defendant USIC, LLC d/b/a USIC Locating Services, LLC CERTIFICATE OF SERVICE 1] HEREBY CERTIFY that a true and correct copy of the foregoing has been served via eservice@myflcourtaccess.com to all registered participants on this 28th day of July, 2020. 010-9095-6703/1/AMERICAS By: /s/ P. Jan Kubicz P. Jan Kubicz