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Filing # 28770023 E-Filed 06/22/2015 02:13:05 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CIVIL DIVISION
MELISSA JACKSON,
Plaintiff, CASE NO. 2015-CA-000371 (AG)
vs.
JAA RESTAURANT HOLDINGS, LLC,
Defendant.
/
DEFENDANT JAA RESTAURANT HOLDINGS, LLC'S RESPONSE TO PLAINTIFF'S
REQUEST FOR PRODUCTION
Defendant, JAA RESTAURANT HOLDINGS, LLC, through its undersigned counsel,
hereby responds to Plaintiff's Request for Production to Defendant served with the Summons and
Complaint.
1. Any and all titles, rental agreements, lease agreements, or other papers regarding
any legal or equitable interest in the premises described in the Complaint. [Do not produce these
documents if you admit to ownership, maintenance, possession or control of the subject area in
your answer to the Complaint.]
RESPONSE: Defendant objects to this request on the basis that it is overbroad as to
scope of time. Notwithstanding, without waiving and subject to these
objections, Defendant responds that it operated, maintained and
leased the subject premises at the time of the incident. Defendant has
since acquired the property.
2. Any and all statements, whether written, taped, stenographically recorded or
videotaped of the Plaintiff, MELISSA JACKSON.
RESPONSE: None.
3. Any and all statements, whether written, taped. stenographically recorded or
videotaped from any person or potential witness regarding the facts of this lawsuit or in the
alternative, a list of names and addresses of all witnesses from whom Defendant's representatives
took statements.
RESPONSE: Defendant objects to this request on the basis that it seeks
documentation prepared in anticipation of litigation and protected by
19038805v1 0972726
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 6/22/2015 2:13:05 PM ***Case No. 2015-CA-000371 (AG)
Defendant's Response to Plaintiff's Request for Production
the work-product doctrine. Notwithstanding, without waiving, and
subject to these objections, none.
4. Any and all papers describing this incident in the possession, custody, or control
of this Defendant, its agents, or attorneys (each lettered paragraph requires a separate response):
a. Reflecting statements made by Plaintiff, MELISSA JACKSON;
b. That was or were prepared in the ordinary course of any of Defendant's
business(es).
c. that was prepared within one (1) month of the date of the incident
described in the Complaint;
d. that was prepared within six (6) months of the date of the incident
described in the Complaint; and;
e. That was prepared up to the time of filing of this lawsuit.
RESPONSE: Defendant objects to this request on the basis that it is vague,
ambiguous and overbroad. Defendant further objects to this request
to the extent that it seeks documentation prepared in anticipation of
litigation and protected by the work-product doctrine. Further
responding, see attached Privilege Log.
5. All records identifying the names and _ addresses of any
persons/claimants/claimant's attorneys that alleged within the past three (3) years that they were
injured due to any slip or trip and fall and/or any liquid substance and/or dangerous condition
inside the restaurant and especially at the area where Plaintiff's fall occurred.
RESPONSE: Defendant objects to this request on the basis that is unduly
burdensome, not reasonable calculated to lead to the discovery of
admissible evidence, and seeks information concerning incidents not
substantially the same or similar to this incident. Subject te and
without waiving these objections, see Defendant's Answer to
Interrogatory Nos. 14 and 20.
6. Any and all of your licenses to do business as of the date of the incident described
in the Complaint.
RESPONSE: See attached photograph of the subject store license.
vv
19038805v1 0972726Case No. 2015-CA-000371 (AG)
Defendant's Response to Plaintiff's Request for Production
7. Any and all of your fictitious name affidavits showing the name or name of the
entity that does business at the premises where the incident described in the Complaint allegedly
occurred.
RESPONSE: Defendant objects to this request on the basis that it seeks information
and/or documentation which is irrelevant and is not reasonably
calculated to lead to the discovery of admissible evidence.
8. Any and all insurance policies, including liability, excess, umbrella, and the like,
the declaration page or face sheet showing the dollar limits of coverage to any and all policy or
policies of insurance that cover or may cover Defendant for the damages sustained by Plaintiff,
MELISSA JACKSON, in the incident described in the Complaint. If there is no declaration page
or face sheet, the entire policy.
RESPONSE: Defendant objects to this interrogatory on the basis that it seeks
information which is irrelevant and is not reasonably calculated to
lead to the discovery of admissible evidence. Subject to and without
waiving this objection, see attached declarations page with redactions
as to the premium information.
9. Copies of the time cards for all employees physically present at the property and
working at the time of the subject incident.
RESPONSE: Defendant has no documents responsive to this request.
10. Any and all maintenance manuals, employee guidelines, or other documentation
provided to employees detailing the requirements for maintenance of the floors of the premises
in question.
RESPONSE: Defendant objects to this request on the basis that it is vague,
ambiguous, and overbroad. Defendant further objects to this request
on the basis that it seeks documentation which contains confidential
proprietary, commercial and/or trade secret documentation.
Notwithstanding, without waiving and subject to this objection, a copy
of the Backroom Card for Floors Equipment Legs & Wheels will be
produced upon entry of an appropriate protective order.
11. Please produce all video tapes and/or digitally recorded information of the
incident scene recorded on the date of Plaintiff's fall by any and all cameras/recording devices
that exist in the subject restaurant, located at 4833 Congress Avenue, Lake Worth, Palm Beach
County, Florida, where Plaintiff's fall occurred.
RESPONSE: Defendant objects to this request on the basis that it seeks information
and documentation protected by the attorney-client privilege and/or
work product doctrine. Notwithstanding, without waiving and
19038805v1 0972726Case No. 2015-CA-000371 (AG)
Defendant's Response to Plaintiff's Request for Production
subject to these objections, see Defendant's Privilege Log and Motion
for Protective Order.
12. Please produce all videos and/or photographs taken of Plaintiff, of the area of the
incident and for any photographs showing any substance or condition of and/or lack of substance
or condition taken before or after Plaintiff's incident.
RESPONSE: Defendant objects to this request on the basis that it seeks information
and documentation protected by the attorney-client privilege and/or
work product doctrine. Notwithstanding, without waiving and
subject to these objections, see Defendant's Privilege Log and Motion
for Protective Order.
13. All purchase invoices, manuals and/or other records or materials of any kind
concerning the video camera system in place at the scene of Plaintiff's fall including such records
regarding the make and model of all cameras, recording devices such as VCR or DVR's,
multiplexers and/or monitors.
RESPONSE: Defendant objects to this request on the basis that it seeks information
and/or documentation which is irrelevant, is overbroad, and is not
reasonably calculated to lead to the discovery of admissible evidence.
14. Please produce all documents related to the installation, maintenance and repair of
all cameras, recording devices such as VCR or DVR's, multiplexers and/or monitors.
RESPONSE: Defendant objects to this request on the basis that it seeks information
and/or documentation which is irrelevant, is overbroad, and is not
reasonably calculated to lead to the discovery of admissible evidence.
15. All documents identifying trip and falls and/or slip and falls occurring inside the
building that Plaintiff's fall occurred for three (3) years prior to Plaintiff's fall to present.
RESPONSE: Defendant objects to this request on the basis that is unduly
burdensome, not reasonable calculated to lead to the discovery of
admissible evidence, and seeks information concerning incidents not
substantially the same or similar to this incident. Subject to and
without waiving these objections, see Defendant's Answer to
Interrogatory Nos. 14 and 20.
16. Please produce all documents relating to prior falls in the restaurant where
Plaintiffs fall occurred within the past three (3) years involving any agents, employees or
authorized representatives of the Defendant and/or tenants or guests of the subject location.
RESPONSE: Defendant objects to this interrogatory on the basis that it is
overbroad, not reasonably calculated to lead to the discovery of
admissible evidence, and seeks information concerning incidents not
19038805v1 0972726Case No. 2015-CA-000371 (AG)
Defendant's Response to Plaintiff's Request for Production
substantially the same or similar to this incident. Notwithstanding,
without waiving, and subject to these objections, see Defendant's
Answer to Interrogatory Nos. 14 and 20.
17. Copies of any and all records, including but not limited to invoices, work orders,
repair documents, photos and bills, maintenance records, related to soda fountain and/or floor
area where Plaintiffs fall occurred for three (3) years prior to the date of the subject incident to
the present.
RESPONSE: Defendant objects to this request on the basis that it is overbroad and
not reasonably calculated to lead to the discovery of admissible
evidence. Notwithstanding, without waiving and subject to these
objections, see Defendant's Answer to Interrogatory Nos. 21, 22 and
23.
18. Produce any property management agreement(s) in effect as of the date of the
subject incident.
RESPONSE: None.
CERTIFICATE OF SERVICE
1 CERTIFY that the foregoing document is being served via Electronic Mail on this 22nd
day of June 2015 to: Jeffrey D. Kirby, Esq., Attorneys for Plaintiff, Goldman & Daszkai, P.A.,
service. kirby@ gdinjurylaw.com 1630 West Hillsboro Boulevard, Deerfield Beach, FL 33442.
HINSHAW & CULBERTSON LLP
/s/April M. Dahl, Esq.
Steven D. Lehner, Esq.
Florida Bar No.: 0039373
100 South Ashley Drive, Suite 500
Tampa, Florida 33602
Tele: 813-276-1662
Fax: 813-276-1956
slehner@hinshawlaw.com
zperez@hinshawlaw.com
19038805v1 0972726Case No. 2015-CA-000371 (AG)
Defendant's Response to Plaintiff's Request for Production
April M. Dahl, Esquire
FBN 0088601
One East Broward Boulevard, Suite 1010
Ft. Lauderdale, Florida 33301
954-467-7900 T
954-467-1024 F
adahl@hinshawlaw.com
nlouis@hinshawlaw.com
Attorneys for Defendant
19038805v1 0972726
Preview
Filing # 28770023 E-Filed 06/22/2015 02:13:05 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION MELISSA JACKSON, Plaintiff, CASE NO. 2015-CA-000371 (AG) vs. JAA RESTAURANT HOLDINGS, LLC, Defendant. / DEFENDANT JAA RESTAURANT HOLDINGS, LLC'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION Defendant, JAA RESTAURANT HOLDINGS, LLC, through its undersigned counsel, hereby responds to Plaintiff's Request for Production to Defendant served with the Summons and Complaint. 1. Any and all titles, rental agreements, lease agreements, or other papers regarding any legal or equitable interest in the premises described in the Complaint. [Do not produce these documents if you admit to ownership, maintenance, possession or control of the subject area in your answer to the Complaint.] RESPONSE: Defendant objects to this request on the basis that it is overbroad as to scope of time. Notwithstanding, without waiving and subject to these objections, Defendant responds that it operated, maintained and leased the subject premises at the time of the incident. Defendant has since acquired the property. 2. Any and all statements, whether written, taped, stenographically recorded or videotaped of the Plaintiff, MELISSA JACKSON. RESPONSE: None. 3. Any and all statements, whether written, taped. stenographically recorded or videotaped from any person or potential witness regarding the facts of this lawsuit or in the alternative, a list of names and addresses of all witnesses from whom Defendant's representatives took statements. RESPONSE: Defendant objects to this request on the basis that it seeks documentation prepared in anticipation of litigation and protected by 19038805v1 0972726 *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 6/22/2015 2:13:05 PM ***Case No. 2015-CA-000371 (AG) Defendant's Response to Plaintiff's Request for Production the work-product doctrine. Notwithstanding, without waiving, and subject to these objections, none. 4. Any and all papers describing this incident in the possession, custody, or control of this Defendant, its agents, or attorneys (each lettered paragraph requires a separate response): a. Reflecting statements made by Plaintiff, MELISSA JACKSON; b. That was or were prepared in the ordinary course of any of Defendant's business(es). c. that was prepared within one (1) month of the date of the incident described in the Complaint; d. that was prepared within six (6) months of the date of the incident described in the Complaint; and; e. That was prepared up to the time of filing of this lawsuit. RESPONSE: Defendant objects to this request on the basis that it is vague, ambiguous and overbroad. Defendant further objects to this request to the extent that it seeks documentation prepared in anticipation of litigation and protected by the work-product doctrine. Further responding, see attached Privilege Log. 5. All records identifying the names and _ addresses of any persons/claimants/claimant's attorneys that alleged within the past three (3) years that they were injured due to any slip or trip and fall and/or any liquid substance and/or dangerous condition inside the restaurant and especially at the area where Plaintiff's fall occurred. RESPONSE: Defendant objects to this request on the basis that is unduly burdensome, not reasonable calculated to lead to the discovery of admissible evidence, and seeks information concerning incidents not substantially the same or similar to this incident. Subject te and without waiving these objections, see Defendant's Answer to Interrogatory Nos. 14 and 20. 6. Any and all of your licenses to do business as of the date of the incident described in the Complaint. RESPONSE: See attached photograph of the subject store license. vv 19038805v1 0972726Case No. 2015-CA-000371 (AG) Defendant's Response to Plaintiff's Request for Production 7. Any and all of your fictitious name affidavits showing the name or name of the entity that does business at the premises where the incident described in the Complaint allegedly occurred. RESPONSE: Defendant objects to this request on the basis that it seeks information and/or documentation which is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. 8. Any and all insurance policies, including liability, excess, umbrella, and the like, the declaration page or face sheet showing the dollar limits of coverage to any and all policy or policies of insurance that cover or may cover Defendant for the damages sustained by Plaintiff, MELISSA JACKSON, in the incident described in the Complaint. If there is no declaration page or face sheet, the entire policy. RESPONSE: Defendant objects to this interrogatory on the basis that it seeks information which is irrelevant and is not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving this objection, see attached declarations page with redactions as to the premium information. 9. Copies of the time cards for all employees physically present at the property and working at the time of the subject incident. RESPONSE: Defendant has no documents responsive to this request. 10. Any and all maintenance manuals, employee guidelines, or other documentation provided to employees detailing the requirements for maintenance of the floors of the premises in question. RESPONSE: Defendant objects to this request on the basis that it is vague, ambiguous, and overbroad. Defendant further objects to this request on the basis that it seeks documentation which contains confidential proprietary, commercial and/or trade secret documentation. Notwithstanding, without waiving and subject to this objection, a copy of the Backroom Card for Floors Equipment Legs & Wheels will be produced upon entry of an appropriate protective order. 11. Please produce all video tapes and/or digitally recorded information of the incident scene recorded on the date of Plaintiff's fall by any and all cameras/recording devices that exist in the subject restaurant, located at 4833 Congress Avenue, Lake Worth, Palm Beach County, Florida, where Plaintiff's fall occurred. RESPONSE: Defendant objects to this request on the basis that it seeks information and documentation protected by the attorney-client privilege and/or work product doctrine. Notwithstanding, without waiving and 19038805v1 0972726Case No. 2015-CA-000371 (AG) Defendant's Response to Plaintiff's Request for Production subject to these objections, see Defendant's Privilege Log and Motion for Protective Order. 12. Please produce all videos and/or photographs taken of Plaintiff, of the area of the incident and for any photographs showing any substance or condition of and/or lack of substance or condition taken before or after Plaintiff's incident. RESPONSE: Defendant objects to this request on the basis that it seeks information and documentation protected by the attorney-client privilege and/or work product doctrine. Notwithstanding, without waiving and subject to these objections, see Defendant's Privilege Log and Motion for Protective Order. 13. All purchase invoices, manuals and/or other records or materials of any kind concerning the video camera system in place at the scene of Plaintiff's fall including such records regarding the make and model of all cameras, recording devices such as VCR or DVR's, multiplexers and/or monitors. RESPONSE: Defendant objects to this request on the basis that it seeks information and/or documentation which is irrelevant, is overbroad, and is not reasonably calculated to lead to the discovery of admissible evidence. 14. Please produce all documents related to the installation, maintenance and repair of all cameras, recording devices such as VCR or DVR's, multiplexers and/or monitors. RESPONSE: Defendant objects to this request on the basis that it seeks information and/or documentation which is irrelevant, is overbroad, and is not reasonably calculated to lead to the discovery of admissible evidence. 15. All documents identifying trip and falls and/or slip and falls occurring inside the building that Plaintiff's fall occurred for three (3) years prior to Plaintiff's fall to present. RESPONSE: Defendant objects to this request on the basis that is unduly burdensome, not reasonable calculated to lead to the discovery of admissible evidence, and seeks information concerning incidents not substantially the same or similar to this incident. Subject to and without waiving these objections, see Defendant's Answer to Interrogatory Nos. 14 and 20. 16. Please produce all documents relating to prior falls in the restaurant where Plaintiffs fall occurred within the past three (3) years involving any agents, employees or authorized representatives of the Defendant and/or tenants or guests of the subject location. RESPONSE: Defendant objects to this interrogatory on the basis that it is overbroad, not reasonably calculated to lead to the discovery of admissible evidence, and seeks information concerning incidents not 19038805v1 0972726Case No. 2015-CA-000371 (AG) Defendant's Response to Plaintiff's Request for Production substantially the same or similar to this incident. Notwithstanding, without waiving, and subject to these objections, see Defendant's Answer to Interrogatory Nos. 14 and 20. 17. Copies of any and all records, including but not limited to invoices, work orders, repair documents, photos and bills, maintenance records, related to soda fountain and/or floor area where Plaintiffs fall occurred for three (3) years prior to the date of the subject incident to the present. RESPONSE: Defendant objects to this request on the basis that it is overbroad and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding, without waiving and subject to these objections, see Defendant's Answer to Interrogatory Nos. 21, 22 and 23. 18. Produce any property management agreement(s) in effect as of the date of the subject incident. RESPONSE: None. CERTIFICATE OF SERVICE 1 CERTIFY that the foregoing document is being served via Electronic Mail on this 22nd day of June 2015 to: Jeffrey D. Kirby, Esq., Attorneys for Plaintiff, Goldman & Daszkai, P.A., service. kirby@ gdinjurylaw.com 1630 West Hillsboro Boulevard, Deerfield Beach, FL 33442. HINSHAW & CULBERTSON LLP /s/April M. Dahl, Esq. Steven D. Lehner, Esq. Florida Bar No.: 0039373 100 South Ashley Drive, Suite 500 Tampa, Florida 33602 Tele: 813-276-1662 Fax: 813-276-1956 slehner@hinshawlaw.com zperez@hinshawlaw.com 19038805v1 0972726Case No. 2015-CA-000371 (AG) Defendant's Response to Plaintiff's Request for Production April M. Dahl, Esquire FBN 0088601 One East Broward Boulevard, Suite 1010 Ft. Lauderdale, Florida 33301 954-467-7900 T 954-467-1024 F adahl@hinshawlaw.com nlouis@hinshawlaw.com Attorneys for Defendant 19038805v1 0972726