Preview
Filing # 91103103 E-Filed 06/14/2019 10:31:05 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-19-011616 (02)
JBS USA FOOD COMPANY,
Plaintiff,
ve
IZZY GROUP, LLC d/b/a IZZY GROUP U.S.A.,
CESAR RODRIGUES and EDMAR CORREA,
Defendants.
/
DEFENDANTS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Defendants IZZY GROUP LLC dba IZZY GROUP USA, CESAR RODRIGUES and
EDMAR CORREA, by their undersigned counsel, pursuant to Florida Rules of Civil Procedure
1.350, hereby requests that Plaintiff JBS USA FOOD COMPANY produce the following
documents for inspection and copying, within thirty (30) days hereof at Lee & Amizis, P.L.,
5550 Glades Road, Suite 401, Boca Raton, Florida 33431.
DEFINITIONS AND INSTRUCTIONS APPLICABLE TO ALL REQUESTS
1. Unless otherwise stated herein, the relevant time period encompassed by these
Requests is from September 30, 2018 to present.
2. “JBS” refers to Plaintiff JBS USA FOOD COMPANY.
3. “IZZY GROUP" refers to Defendant IZZY GROUP LLC dba IZZY GROUP
USA.
4. "RODRIGUES" refers to Defendant CESAR RODRIGUES.
5. "CORREA" refers to Defendant EDMAR CORREA.
LEE & AMTZIS, P.L.
"ATTORNEYEATLAW
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/14/2019 10:31:05 AM.****CASE NO.: CACE-19-011616 (02)
6. "Defendants" refers to Defendants IZZY GROUP, RODRIGUES and CORREA,
collectively.
7. “Complaint” refers to the Complaint filed by JBS in this action on May 31, 2019.
8. The "Promissory Note and Guaranty" refers to the undated Promissory Note and
Guaranty dated February 7, 2019 and attached to the Complaint as Exhibit "A."
9. The "Payment Schedule" refers to the alleged payment schedule attached to the
Complaint as Exhibit "B."
10. “Document” means any written or graphic matter or other means of preserving
thought or expression, and all tangible things from which information can be processed or
transcribed, including the originals and all non-identical copies, whether different from the
original by reason of any notation made on such copy or otherwise, including, but not limited to,
correspondence, memoranda, e-mails (and attachments thereto), notes, messages, letters,
telegraphs, teletype, telefax bulletins, meetings, or other communications, interoffice and
interoffice telephone calls, diaries, chronological data, minutes, books, reports, charts, ledgers,
invoices, work-sheets, receipts, returns, computer printouts, electronically stored data, diskettes,
backup tapes, CD’s, prospectuses, financial statements, schedules, affidavits, contracts, cancelled
checks, transcripts, statistics, surveys, magazine or newspaper articles, releases (and any and all
drafts, alterations and modifications, changes and amendments of any of the foregoing), graphs
or aural records or representations of any kind, including without limitation, photographs, charts,
graphs, microfiche, microfilm, videotape, recordings, motion pictures and electronic, mechanical
or electric recordings or representations of any kind (including without limitation, tapes,
cassettes, discs and recording). The term “Document” and “record” includes the following
electronically, magnetically, or optically stored information:
LEE & AMTZIS, P.L.
"ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02)
a. Digital communications (e-mail, voice mail, instant messaging);
b. Word processed documents (Word or WordPerfect documents and drafts);
c. Spreadsheets and tables (QuickBooks, Money, Excel files, and Peachtree data
files);
d. Image and Facsimile (WAV and .MP3 files);
e. Video and Animation (AVI and .MOV files);
f. Databases (Access, Oracle, SQL, Server data, SAP);
g. Contact and Relationship Management Data (Outlook, ACT!);
h. Calendar and Diary Application Data (Outlook PST, Yahoo, blog tools);
i. Online Access Data (Temporary Internet Files, History, Cookies);
j. Presentations (PowerPoint, Corel Presentations);
k. Network Access and Server Activity Logs;
1. Project Management Application Data;
m. Computer Aided Design/Drawing Files; and,
n. Back Up and Archival Files (Zip, .GHO).
ll. The word "identify," when used in reference to a document, means and includes
the name and address of the custodian of the document, the location of the document, and a
general description of the document, including (1) the type of document (i.e., correspondence,
memorandum, facsimile etc.); (2) the general subject matter of the document; (3) the date of the
document; (4) the author of the document; (5) the addressee of the document; and (6) the
relationship of the author and addressee to each other.
7. The term “all documents” and “all records” means every document and record or
group of documents and records or communication as above defined known to you, and every
LEE & AMTZIS, P.L.
"ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02)
such document or communication which can be located or discovered by reasonably diligent
efforts.
12. “Person” means any natural person, individual, proprietorship, partnership,
corporation, association, joint venture, firm, other business enterprise, governmental body, group
of natural persons or other entity.
13. The words “pertain to” or “pertaining to” mean relates to, refers to, contains,
concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates,
demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts.
14. As used herein, the singular and masculine form of noun and pronoun shall
embrace, and be read and applied as, the plural or feminine or neuter, as circumstances may
make appropriate.
15. The connectives “and” and “or” shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request all responses that
might otherwise be construed to be outside of its scope.
16. The terms “all” and “each” shall be construed as all and each.
17. “You” and “your” refers to the person responding to these requests.
18. The singular of any term shall include the plural, and the plural of any term shall
include the singular.
19. In responding to these document requests, Plaintiff shall produce separately all
documents available at the time of responding or which can be located or discovered by
reasonably diligent efforts, including documents in the possession of its agents and
representatives.
LEE & AMTZIS, P.L.
"ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02)
20. References to an individual, partnership or corporation include any and all agents,
employee’s representatives and attorneys and all other persons or entities acting on his behalf or
under its control.
21. If you object to fully identifying a document or oral communication because of a
privilege, you must nevertheless provide the following information, unless divulging the
information would disclose the privileged information:
. the nature of the privilege claimed (including work product);
. if the privilege is being asserted in connection with a claim or defense governed
by state law, the state privilege rule being invoked;
e the date of the document or oral communication;
. if a document: its type (correspondence, memorandum, facsimile, etc.), custodian,
location, and such other information insufficient to identify the document for a subpoena duces
tecum or a document request, including where appropriate the author, the addressee, and, if not
apparent, the relationship between the author and addressee;
. if an oral communication: the place where it was made, the names of the persons
present while it was made, and, if not apparent, the relationship of the persons present to the
declarant; and
. the general subject matter of the document or oral communication.
If any document or copy thereof was but is no longer in your possession or subject to
your control, please state and specify in detail for each such document: the type of document,
the types of information contained therein, the date upon which it ceased to exist, the disposition
that was made of it, the identity of all persons having knowledge of the circumstances of its
disposition, and the identity of all persons having knowledge of the contents thereof.
LEE & AMTZIS, P.L.
"ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02)
In making production, produce all documents as kept in the normal course of business
and identify the file from which each document was taken. This request is continuing in nature
and requires you to supplement your production promptly if you obtain additional responsive
documents.
22. You must act immediately to preserve potentially relevant Preservation of
Electronically Stored Information (“ESI”) pertaining to this matter. Adequate preservation of
ESI requires more than simply refraining from efforts to destroy or dispose of such evidence.
You must also intervene to prevent loss due to routine operations and employ proper
techniques and protocols suited to protection of ESI. Be advised that sources of ESI are altered
and erased by continued use of your computers and other devices. Booting a drive, examining
its contents or running any application will irretrievably alter the evidence it contains and may
constitute unlawful spoliation of evidence. Consequently, alteration and erasure may result
from your failure to act diligently and responsibly to prevent loss or corruption of ESL
Nothing in this demand for preservation of ESI should be understood to diminish your
concurrent obligation to preserve document, tangible things and other potentially relevant
evidence.
DOCUMENTS REQUESTED
1. All contracts or agreements between JBS and Defendants.
2. All communications between JBS and Defendants.
3. All communications between JBS and any non-parties pertaining to the
allegations set forth in the Complaint, including but not limited to, Rosiani O’Callaghan.
4. All notices or demands made by JBS to Defendants.
5. The original Promissory Note and Guaranty (for inspection by Defendants).
LEE & AMTZIS, P.L.
"ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02)
6. All Documents pertaining to any payments made by any of the Defendants to
JBS.
7. All Documents utilized to create, produce, deliver or otherwise generate the
Promissory Note and Guaranty.
8. All Documents utilized to create, produce, deliver or otherwise generate the
Payment Schedule.
CERTIFICATE OF SERVICE
Thereby certify that on this date, a copy of the foregoing has been furnished to counsel or
unrepresented parties on the attached Service List in accordance with Florida Rule of Judicial
Administration 2.516(a), 2.516(b)(1), and Supreme Court of Florida Administrative Order No.
AOSC13-49 through utilization of the Florida Court E-Filing Portal or in accordance with
Florida Rule of Judicial Administration 2.516(b)(2) by email and/or U.S. Mail and/or hand
delivery as further designated on the Service List.
Dated: June 14, 2019
—_
WA H. SCHWARTZ (Bar No. 907390)
schwartz@leeamlaw.com
Lee & Amizis, P.L.
5550 Glades Road, Suite 401
Boca Raton, FL 33431
Telephone: (561) 981-9988
Counsel for Defendants
IZZY GROUP, LLC
d/b/a IZZY GROUP U.S.A.,
CESAR RODRIGUES and
EDMAR CORREA
LEE & AMTZIS, P.L.
"ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02)
SERVICE LIST
Attorneys for Plaintiff
JBS USA FOOD COMPANY
Law Office of Brian P. Kowal, P.A.
Brian K. Kowal, Esq.
7351 Wiles Rd., Ste. 103
Coral Springs, FL 33067
Primary and Secondary Email Addresses
briankowal@bkowallaw.com
LEE & AMTZIS, P.L.
"ATIORNEYEATLAW
Preview
Filing # 91103103 E-Filed 06/14/2019 10:31:05 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-19-011616 (02) JBS USA FOOD COMPANY, Plaintiff, ve IZZY GROUP, LLC d/b/a IZZY GROUP U.S.A., CESAR RODRIGUES and EDMAR CORREA, Defendants. / DEFENDANTS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Defendants IZZY GROUP LLC dba IZZY GROUP USA, CESAR RODRIGUES and EDMAR CORREA, by their undersigned counsel, pursuant to Florida Rules of Civil Procedure 1.350, hereby requests that Plaintiff JBS USA FOOD COMPANY produce the following documents for inspection and copying, within thirty (30) days hereof at Lee & Amizis, P.L., 5550 Glades Road, Suite 401, Boca Raton, Florida 33431. DEFINITIONS AND INSTRUCTIONS APPLICABLE TO ALL REQUESTS 1. Unless otherwise stated herein, the relevant time period encompassed by these Requests is from September 30, 2018 to present. 2. “JBS” refers to Plaintiff JBS USA FOOD COMPANY. 3. “IZZY GROUP" refers to Defendant IZZY GROUP LLC dba IZZY GROUP USA. 4. "RODRIGUES" refers to Defendant CESAR RODRIGUES. 5. "CORREA" refers to Defendant EDMAR CORREA. LEE & AMTZIS, P.L. "ATTORNEYEATLAW *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/14/2019 10:31:05 AM.****CASE NO.: CACE-19-011616 (02) 6. "Defendants" refers to Defendants IZZY GROUP, RODRIGUES and CORREA, collectively. 7. “Complaint” refers to the Complaint filed by JBS in this action on May 31, 2019. 8. The "Promissory Note and Guaranty" refers to the undated Promissory Note and Guaranty dated February 7, 2019 and attached to the Complaint as Exhibit "A." 9. The "Payment Schedule" refers to the alleged payment schedule attached to the Complaint as Exhibit "B." 10. “Document” means any written or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, memoranda, e-mails (and attachments thereto), notes, messages, letters, telegraphs, teletype, telefax bulletins, meetings, or other communications, interoffice and interoffice telephone calls, diaries, chronological data, minutes, books, reports, charts, ledgers, invoices, work-sheets, receipts, returns, computer printouts, electronically stored data, diskettes, backup tapes, CD’s, prospectuses, financial statements, schedules, affidavits, contracts, cancelled checks, transcripts, statistics, surveys, magazine or newspaper articles, releases (and any and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphs or aural records or representations of any kind, including without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures and electronic, mechanical or electric recordings or representations of any kind (including without limitation, tapes, cassettes, discs and recording). The term “Document” and “record” includes the following electronically, magnetically, or optically stored information: LEE & AMTZIS, P.L. "ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02) a. Digital communications (e-mail, voice mail, instant messaging); b. Word processed documents (Word or WordPerfect documents and drafts); c. Spreadsheets and tables (QuickBooks, Money, Excel files, and Peachtree data files); d. Image and Facsimile (WAV and .MP3 files); e. Video and Animation (AVI and .MOV files); f. Databases (Access, Oracle, SQL, Server data, SAP); g. Contact and Relationship Management Data (Outlook, ACT!); h. Calendar and Diary Application Data (Outlook PST, Yahoo, blog tools); i. Online Access Data (Temporary Internet Files, History, Cookies); j. Presentations (PowerPoint, Corel Presentations); k. Network Access and Server Activity Logs; 1. Project Management Application Data; m. Computer Aided Design/Drawing Files; and, n. Back Up and Archival Files (Zip, .GHO). ll. The word "identify," when used in reference to a document, means and includes the name and address of the custodian of the document, the location of the document, and a general description of the document, including (1) the type of document (i.e., correspondence, memorandum, facsimile etc.); (2) the general subject matter of the document; (3) the date of the document; (4) the author of the document; (5) the addressee of the document; and (6) the relationship of the author and addressee to each other. 7. The term “all documents” and “all records” means every document and record or group of documents and records or communication as above defined known to you, and every LEE & AMTZIS, P.L. "ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02) such document or communication which can be located or discovered by reasonably diligent efforts. 12. “Person” means any natural person, individual, proprietorship, partnership, corporation, association, joint venture, firm, other business enterprise, governmental body, group of natural persons or other entity. 13. The words “pertain to” or “pertaining to” mean relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts. 14. As used herein, the singular and masculine form of noun and pronoun shall embrace, and be read and applied as, the plural or feminine or neuter, as circumstances may make appropriate. 15. The connectives “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 16. The terms “all” and “each” shall be construed as all and each. 17. “You” and “your” refers to the person responding to these requests. 18. The singular of any term shall include the plural, and the plural of any term shall include the singular. 19. In responding to these document requests, Plaintiff shall produce separately all documents available at the time of responding or which can be located or discovered by reasonably diligent efforts, including documents in the possession of its agents and representatives. LEE & AMTZIS, P.L. "ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02) 20. References to an individual, partnership or corporation include any and all agents, employee’s representatives and attorneys and all other persons or entities acting on his behalf or under its control. 21. If you object to fully identifying a document or oral communication because of a privilege, you must nevertheless provide the following information, unless divulging the information would disclose the privileged information: . the nature of the privilege claimed (including work product); . if the privilege is being asserted in connection with a claim or defense governed by state law, the state privilege rule being invoked; e the date of the document or oral communication; . if a document: its type (correspondence, memorandum, facsimile, etc.), custodian, location, and such other information insufficient to identify the document for a subpoena duces tecum or a document request, including where appropriate the author, the addressee, and, if not apparent, the relationship between the author and addressee; . if an oral communication: the place where it was made, the names of the persons present while it was made, and, if not apparent, the relationship of the persons present to the declarant; and . the general subject matter of the document or oral communication. If any document or copy thereof was but is no longer in your possession or subject to your control, please state and specify in detail for each such document: the type of document, the types of information contained therein, the date upon which it ceased to exist, the disposition that was made of it, the identity of all persons having knowledge of the circumstances of its disposition, and the identity of all persons having knowledge of the contents thereof. LEE & AMTZIS, P.L. "ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02) In making production, produce all documents as kept in the normal course of business and identify the file from which each document was taken. This request is continuing in nature and requires you to supplement your production promptly if you obtain additional responsive documents. 22. You must act immediately to preserve potentially relevant Preservation of Electronically Stored Information (“ESI”) pertaining to this matter. Adequate preservation of ESI requires more than simply refraining from efforts to destroy or dispose of such evidence. You must also intervene to prevent loss due to routine operations and employ proper techniques and protocols suited to protection of ESI. Be advised that sources of ESI are altered and erased by continued use of your computers and other devices. Booting a drive, examining its contents or running any application will irretrievably alter the evidence it contains and may constitute unlawful spoliation of evidence. Consequently, alteration and erasure may result from your failure to act diligently and responsibly to prevent loss or corruption of ESL Nothing in this demand for preservation of ESI should be understood to diminish your concurrent obligation to preserve document, tangible things and other potentially relevant evidence. DOCUMENTS REQUESTED 1. All contracts or agreements between JBS and Defendants. 2. All communications between JBS and Defendants. 3. All communications between JBS and any non-parties pertaining to the allegations set forth in the Complaint, including but not limited to, Rosiani O’Callaghan. 4. All notices or demands made by JBS to Defendants. 5. The original Promissory Note and Guaranty (for inspection by Defendants). LEE & AMTZIS, P.L. "ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02) 6. All Documents pertaining to any payments made by any of the Defendants to JBS. 7. All Documents utilized to create, produce, deliver or otherwise generate the Promissory Note and Guaranty. 8. All Documents utilized to create, produce, deliver or otherwise generate the Payment Schedule. CERTIFICATE OF SERVICE Thereby certify that on this date, a copy of the foregoing has been furnished to counsel or unrepresented parties on the attached Service List in accordance with Florida Rule of Judicial Administration 2.516(a), 2.516(b)(1), and Supreme Court of Florida Administrative Order No. AOSC13-49 through utilization of the Florida Court E-Filing Portal or in accordance with Florida Rule of Judicial Administration 2.516(b)(2) by email and/or U.S. Mail and/or hand delivery as further designated on the Service List. Dated: June 14, 2019 —_ WA H. SCHWARTZ (Bar No. 907390) schwartz@leeamlaw.com Lee & Amizis, P.L. 5550 Glades Road, Suite 401 Boca Raton, FL 33431 Telephone: (561) 981-9988 Counsel for Defendants IZZY GROUP, LLC d/b/a IZZY GROUP U.S.A., CESAR RODRIGUES and EDMAR CORREA LEE & AMTZIS, P.L. "ATIORNEYEATLAWCASE NO.: CACE-19-011616 (02) SERVICE LIST Attorneys for Plaintiff JBS USA FOOD COMPANY Law Office of Brian P. Kowal, P.A. Brian K. Kowal, Esq. 7351 Wiles Rd., Ste. 103 Coral Springs, FL 33067 Primary and Secondary Email Addresses briankowal@bkowallaw.com LEE & AMTZIS, P.L. "ATIORNEYEATLAW