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Filing # 110410838 E-Filed 07/17/2020 01:43:52 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.
USIC, LLC’S SECOND REQUEST FOR PRODUCTION TO P TIFF COSTCO
WHOLESALE CORPORATION
Pursuant to Florida Rule of Civil Procedure 1.350, USIC, LLC d/b/a USIC Locating
Services, LLC (“USIC”) requests that Plaintiff Costco Wholesale Corporation (“Costco”) produce
any and all documents responsive to the following requests within thirty (30) days of service
hereof:
L INSTRUCTIONS AND DEFINITIONS
A. The pronouns “you” or “your” refer to Costco Wholesale Corporation, or any
person acting or purporting to act on Costco’s behalf.
B. Where knowledge or information in possession of a party is requested, such request
includes knowledge of the party’s agents, representatives, and, unless privileged, its
attorneys.
Cc. Where the name or identity of a person is requested, state the full name, title, and
last known home and business addresses of the person.
D. The word “person” shall mean and include a natural person, partnership, firm,
corporation, or any other kind of business or legal entity, its agents, independent
contractors, or employees.
E. Unless otherwise indicated, these requests refer to the place and circumstances of
the occurrences mentioned or complained of in the pleadings.
F. “One Call” shall mean the notification center or organization in Florida that
receives notice from excavators of planned excavation and transmits that notice to
participating operators or owners of underground facilities pursuant to Florida Statutes §
556.105 and related sections.
010-9095-4462/1/AMERICAS
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/17/2020 01:43:51 PM.****G. “Document” means all original writings of any nature whatsoever, including
Electronically Stored Information, and all non-identical copies thereof in your possession,
custody, or control, regardless of where located, and includes, but is not limited to,
contracts, agreements, records, tape recordings, correspondence, communications, reports,
studies, summaries, memoranda, calendar or diary entries, handwritten notes, working
papers, minutes, agendas, bulletins, notices, announcements, instructions, charts, manuals,
diagrams, work plans, brochures, schedules, invoices, ledgers, telegrams, teletypes, films,
videotapes, photographs or negatives thereof, microfilms, microfiches, statues,
governmental or departmental orders or regulations, and any other paper or Electronically
Stored Information containing information. In all cases where originals and/or non-
identical copies are not available, “documents” also means identical copies of original
documents and copies of non-identical copies. In all cases where such documents have
been destroyed, lost, or otherwise altered, identify such documents in your response and
state the date and circumstances under which it was lost, mutilated, destroyed or otherwise
removed from your possession or control, and identify the person who last had possession
or control of the document(s).
H. “Electronically Stored Information” means all information or documents created,
manipulated, communicated, stored, or utilized in digital form and stored in any electronic
medium that is in your possession, custody, or control, regardless of where located.
L “Communication” means any meeting, conference, correspondence, conversation,
letter, e-mail, fax or facsimile, text message, memorandum, contact, act, or instance of
transmitting or receiving information or intelligence by any means, directly or through
another person, including but not limited to all forms of communication by the oral or
written word and the preparation, furnishing, receipt, examination or copying of documents
or permitting others to do so, and any notes or other documents created or prepared as a
result of or memorializing such a communication.
J. “Identify”, “Specify”, and “Indicate” have the following meanings:
1. When used in reference to a person, it means to state the person’s (a) full
name; (b) present business address, or if unavailable, last known business address; (c)
present home address, or if unavailable, last known address; and (d) business or
governmental job title;
2. When used in reference to a communication, it means to state each person
participating in the communication, each person receiving the communication, the date and
place of communication, the manner or method of communication and the substance of
such communication with particularity, and to identify each document in which such
communication was recorded or described or referred to; and
3. When used in reference to a document, it means to state the type of
document (e.g., letter, memorandum, telegram, chart) or some other means of identifying
it, its author and originator, its date or dates, all addresses and recipients, its present location
or custodian, and any identifying marks, numerals, code words or letters distinguishing it
010-9095-4462/1/AMERICASfrom other like documents. If any such document was but is no longer in your possession
or subject to your control, state what disposition was made of it.
K. “Knowledge” includes first-hand information and information derived from any
other source, including hearsay knowledge.
L. “Relating to” means in whole or part constituting, embodying, containing,
reflecting, identifying, stating, referring to, dealing with, or in any way pertaining to.
M. “Complaint” means the action which is the subject matter of this lawsuit, Case No.
CACE 19-022183, in the Seventeenth Judicial Circuit in and for Broward County, Florida,
including any amendments to said complaint.
N. “Pleadings” or “the pleadings” mean the complaint, third party complaint, and any
subsequent claims, answers, or third-party pleadings filed by any party to this litigation.
oO. “Marks” and/or “markings” shall mean any paint, flags, utility markers, utility poles,
visible portions of any buried utility, barriers, manholes, boxes, transformers, switch gears, or
any other item designating or indicating the presence of any buried utility.
P. Terms not defined herein shall have the respective meanings ascribed to such terms
in the complaint.
Q. Each interrogatory and request shall be deemed continuing in order to require
supplemental responses if you obtain further information or documents between the time
of answering the interrogatories or requests and the time of trial.
R. If you refuse to respond to any interrogatory or document request in whole or in
part, describe the basis for your refusal to answer, including any claim of privilege, in
sufficient detail so as to permit the court to adjudicate the validity of your refusal, and
identify each document and oral communication in your answer to such interrogatory or
document request.
Ss. If any documents, electronically stored information, or other information
responsive to any of the following interrogatories or requests is withheld under any claim
of privilege, include in your response a written list of the documents or descriptions of such
other information being withheld, including the following for each: (1) its date; (2) the
name of the person who drafted, authored, or prepared it; (3) its title; (4) the name of the
person to whom it was addressed; (5) the name of each person to whom the document, its
contents, or any copy or reproduction thereof was ever directed, addressed, sent, delivered,
mailed, given or in any other manner disclosed; (6) the name of the person who requested
that the document be prepared; (7) a statement of the specific ground upon which each such
document or information is considered to be privileged from production; and (8) the
specification to which the document or information would have been responsive.
010-9095-4462/1/AMERICASI. FORMAT OF RESPONSE TO DOCUMENT REQUESTS
A. Identify the response to each specification by specification number and segregate it
from responses to other specifications.
B. Each page or sheet produced should be marked with identification and consecutive
document control numbers (“Bates” numbers).
Cc. Within the response to each specification, documents should be organized and
identified according to the file(s) in which they were kept, maintained or found (e.g.,
“correspondence file of Mr. X”).
D. USIC requests that all responsive documents be produced electronically, preferably
via email addressed to undersigned counsel, in native format and/or searchable format with
any metadata.
Ill. REQUES
FOR PRODUCTION
8. All documents and electronically stored information reflecting agreements with any parties
and/or third parties regarding monies in satisfaction of the damages You claim in this
lawsuit. This request includes, but is not limited to, any settlement agreement between You
and co-Defendant Comutel Solutions, LLC.
9. All documents and electronically stored information reflecting any moneys which You
received in satisfaction of the damages You claim in this lawsuit.
10. All communications and/or correspondence with Statewide Electric & Environmental
Solutions (“SEES”) regarding the work performed by SEES to repair the damage
referenced in the Complaint. This request includes, but is not limited to, communications
and/or correspondence regarding the invoices generated by SEES which You claim as
damages in this lawsuit.
[signature page follows]
010-9095-4462/1/AMERICASDated: July 17, 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: joan.andersondavis@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 17th day of July, 2020.
010-9095-4462/1/AMERICAS
By: //P. Jan Kubicz
P. Jan Kubicz
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Filing # 110410838 E-Filed 07/17/2020 01:43:52 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. USIC, LLC’S SECOND REQUEST FOR PRODUCTION TO P TIFF COSTCO WHOLESALE CORPORATION Pursuant to Florida Rule of Civil Procedure 1.350, USIC, LLC d/b/a USIC Locating Services, LLC (“USIC”) requests that Plaintiff Costco Wholesale Corporation (“Costco”) produce any and all documents responsive to the following requests within thirty (30) days of service hereof: L INSTRUCTIONS AND DEFINITIONS A. The pronouns “you” or “your” refer to Costco Wholesale Corporation, or any person acting or purporting to act on Costco’s behalf. B. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party’s agents, representatives, and, unless privileged, its attorneys. Cc. Where the name or identity of a person is requested, state the full name, title, and last known home and business addresses of the person. D. The word “person” shall mean and include a natural person, partnership, firm, corporation, or any other kind of business or legal entity, its agents, independent contractors, or employees. E. Unless otherwise indicated, these requests refer to the place and circumstances of the occurrences mentioned or complained of in the pleadings. F. “One Call” shall mean the notification center or organization in Florida that receives notice from excavators of planned excavation and transmits that notice to participating operators or owners of underground facilities pursuant to Florida Statutes § 556.105 and related sections. 010-9095-4462/1/AMERICAS *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/17/2020 01:43:51 PM.****G. “Document” means all original writings of any nature whatsoever, including Electronically Stored Information, and all non-identical copies thereof in your possession, custody, or control, regardless of where located, and includes, but is not limited to, contracts, agreements, records, tape recordings, correspondence, communications, reports, studies, summaries, memoranda, calendar or diary entries, handwritten notes, working papers, minutes, agendas, bulletins, notices, announcements, instructions, charts, manuals, diagrams, work plans, brochures, schedules, invoices, ledgers, telegrams, teletypes, films, videotapes, photographs or negatives thereof, microfilms, microfiches, statues, governmental or departmental orders or regulations, and any other paper or Electronically Stored Information containing information. In all cases where originals and/or non- identical copies are not available, “documents” also means identical copies of original documents and copies of non-identical copies. In all cases where such documents have been destroyed, lost, or otherwise altered, identify such documents in your response and state the date and circumstances under which it was lost, mutilated, destroyed or otherwise removed from your possession or control, and identify the person who last had possession or control of the document(s). H. “Electronically Stored Information” means all information or documents created, manipulated, communicated, stored, or utilized in digital form and stored in any electronic medium that is in your possession, custody, or control, regardless of where located. L “Communication” means any meeting, conference, correspondence, conversation, letter, e-mail, fax or facsimile, text message, memorandum, contact, act, or instance of transmitting or receiving information or intelligence by any means, directly or through another person, including but not limited to all forms of communication by the oral or written word and the preparation, furnishing, receipt, examination or copying of documents or permitting others to do so, and any notes or other documents created or prepared as a result of or memorializing such a communication. J. “Identify”, “Specify”, and “Indicate” have the following meanings: 1. When used in reference to a person, it means to state the person’s (a) full name; (b) present business address, or if unavailable, last known business address; (c) present home address, or if unavailable, last known address; and (d) business or governmental job title; 2. When used in reference to a communication, it means to state each person participating in the communication, each person receiving the communication, the date and place of communication, the manner or method of communication and the substance of such communication with particularity, and to identify each document in which such communication was recorded or described or referred to; and 3. When used in reference to a document, it means to state the type of document (e.g., letter, memorandum, telegram, chart) or some other means of identifying it, its author and originator, its date or dates, all addresses and recipients, its present location or custodian, and any identifying marks, numerals, code words or letters distinguishing it 010-9095-4462/1/AMERICASfrom other like documents. If any such document was but is no longer in your possession or subject to your control, state what disposition was made of it. K. “Knowledge” includes first-hand information and information derived from any other source, including hearsay knowledge. L. “Relating to” means in whole or part constituting, embodying, containing, reflecting, identifying, stating, referring to, dealing with, or in any way pertaining to. M. “Complaint” means the action which is the subject matter of this lawsuit, Case No. CACE 19-022183, in the Seventeenth Judicial Circuit in and for Broward County, Florida, including any amendments to said complaint. N. “Pleadings” or “the pleadings” mean the complaint, third party complaint, and any subsequent claims, answers, or third-party pleadings filed by any party to this litigation. oO. “Marks” and/or “markings” shall mean any paint, flags, utility markers, utility poles, visible portions of any buried utility, barriers, manholes, boxes, transformers, switch gears, or any other item designating or indicating the presence of any buried utility. P. Terms not defined herein shall have the respective meanings ascribed to such terms in the complaint. Q. Each interrogatory and request shall be deemed continuing in order to require supplemental responses if you obtain further information or documents between the time of answering the interrogatories or requests and the time of trial. R. If you refuse to respond to any interrogatory or document request in whole or in part, describe the basis for your refusal to answer, including any claim of privilege, in sufficient detail so as to permit the court to adjudicate the validity of your refusal, and identify each document and oral communication in your answer to such interrogatory or document request. Ss. If any documents, electronically stored information, or other information responsive to any of the following interrogatories or requests is withheld under any claim of privilege, include in your response a written list of the documents or descriptions of such other information being withheld, including the following for each: (1) its date; (2) the name of the person who drafted, authored, or prepared it; (3) its title; (4) the name of the person to whom it was addressed; (5) the name of each person to whom the document, its contents, or any copy or reproduction thereof was ever directed, addressed, sent, delivered, mailed, given or in any other manner disclosed; (6) the name of the person who requested that the document be prepared; (7) a statement of the specific ground upon which each such document or information is considered to be privileged from production; and (8) the specification to which the document or information would have been responsive. 010-9095-4462/1/AMERICASI. FORMAT OF RESPONSE TO DOCUMENT REQUESTS A. Identify the response to each specification by specification number and segregate it from responses to other specifications. B. Each page or sheet produced should be marked with identification and consecutive document control numbers (“Bates” numbers). Cc. Within the response to each specification, documents should be organized and identified according to the file(s) in which they were kept, maintained or found (e.g., “correspondence file of Mr. X”). D. USIC requests that all responsive documents be produced electronically, preferably via email addressed to undersigned counsel, in native format and/or searchable format with any metadata. Ill. REQUES FOR PRODUCTION 8. All documents and electronically stored information reflecting agreements with any parties and/or third parties regarding monies in satisfaction of the damages You claim in this lawsuit. This request includes, but is not limited to, any settlement agreement between You and co-Defendant Comutel Solutions, LLC. 9. All documents and electronically stored information reflecting any moneys which You received in satisfaction of the damages You claim in this lawsuit. 10. All communications and/or correspondence with Statewide Electric & Environmental Solutions (“SEES”) regarding the work performed by SEES to repair the damage referenced in the Complaint. This request includes, but is not limited to, communications and/or correspondence regarding the invoices generated by SEES which You claim as damages in this lawsuit. [signature page follows] 010-9095-4462/1/AMERICASDated: July 17, 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: joan.andersondavis@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 17th day of July, 2020. 010-9095-4462/1/AMERICAS By: //P. Jan Kubicz P. Jan Kubicz