Preview
Filing # 26062079 E-Filed 04/14/2015 01:39:36 PM
IN THE CIRCUIT COURT OF THE 15™
JUDICIAL CIRCUIT IN AND FOR PALM.
BEACH COUNTY, FLORIDA
JOSEPH M. BOAN, ; CASE NO: 502014CA000475XXXXMB
Plaintiff,
vs.
ANDREW LITVAK and HARTMAN
SIMONS & WOOD, LLP,
Defendants.
PLAINTIFF’S FIRST. neounet FOR PRODUCTION OF DOCUMENTS
DIRECTED TO DEFENDANT HARTMAN SIMONS & WOOD, LLP
COMES NOW, the Plaintiff, JOSEPH BOAN, by and through his undersigned counsel,
pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby propounds the following
Request for Production on the Defendant, HARTMAN SIMONS & WOOD, LLP, hereinafter
“Defendant”, “Respondent” or “Responding Party”, as numbered 1-26, and hereby requests that
the named Responding Party produce the following documents within thirty (30) days from the
date of service of this request for inspection and copying the originals of each of the below listed
documents pursuant to the following instruction and definitions:
INSTRUCTIONS
A. Production may be made by true and complete copies being furnished to the undersigned
attorneys at their offices in lieu of the production of the original of same provided that the
producing party provides a certificate authenticating any such copy produced as a true, complete
and accurate copy of the original document.
B. Responding Party shall specify which documents are produced in response to each of
the numbered paragraphs. If any documents herein requested was formerly in the possession,
1
"FILED: PALM BEACH COUNTY. FL_SHARON R BOCK, CLERK, 4/14/2015 1:39:36 PM ***custody or control of the Responding Party and such documents have either been lost or destroyed,
Responding Party is requested to submit, in lieu of each document, a written statement as to each
such lost or destroyed document as follows:
1. Describe in detail the nature of the document and its contents; and,
2. Identifies the person or persons who prepared or authored the document and, if
applicable, the person or persons to whom the document was sent; and,
3. Specify the date on which the document was prepared and/or
transmitted; and,
4. Specify, if possible, the date on which the document was lost or destroyed and,
if destroyed, the conditions of or reasons for such destruction and the person or
persons requesting performing the destruction.
C. All items requested pertain to the transactions as described in the Amended Complaint
in this matter and the documents and attachments to the pleadings as filed in this action.
DEFINITIONS AND GENERAL INSTRUCTIONS FOR PRODUCTION
The term “BOAN” wherever used herein refers to the Plaintiff, JOSEPH BOAN.
The term “Communications” or “communication” refers to any and all communications
whether such communication was oral and reduced to writing or otherwise memorialized and
regardless of whether same was transmitted electronically, including specifically all electronic
mail (email), facsimile transmissions and mailed or hand delivered communications.
The term “Complaint” or “Amended Complaint” shall include both the original complaint
and the amended complaint as filed in this matter Case No. 502014CA000475XXXXMB.The term “Defendants” collectively includes ANDREW LITVAK and HARTMAN,
SIMONS & WOOD, LLP together with their respective agents, employees, subcontractors,
representatives, attorneys, successors, assigns as well as any successors and/or predecessors in
interest. ANDREW LITVAK shall be referred to as “LITVAK” and HARTMAN, SIMONS &
WOOD, LLP shall be referred to as “HS&W, LLP”.
The term “Document” or “Documents” as used herein, refers to all written or graphic
matter, however produced or reproduced, of every kind and description, whether produced
internally or received from any outside source, including, without limitation, papers, books, letters,
photographs, specifications, drawings, blueprints, sketches, feasibility studies, objects, tangible
things, correspondence, telegrams, memoranda, inter-office communications, reports, studies,
surveys, contracts, licenses, permits, permit applications, agreements, ledgers, books of account,
computer printouts and other computer material, transcripts, analyses, proposals, suggestions,
legal pleadings, deeds, mortgages, bills of sale, security agreements, legal documents, vouchers,
records of inter-bank transfers of funds, bank checks, cashier’s checks, invoices, drafts, charge
slips, receipts, check stubs, freight bills, bills of lading, working papers or drafts, statistical records,
notebooks, calendars, appointment books, diaries, agendas, time sheets, logs, bids, estimates, job
or transaction files, credit reports, notations, notes, sound records of any type, minutes of director’s
or other meetings, phone records or tape recordings or other data compilations from which
information can be obtained, any transcriptions thereof, bulletins, circulars, notices, instruction,
advertisements, work assignments, motion picture films, videotapes, research or other articles or
treatises, including all attachments and enclosures thereto.
The term “Real Property” shall refer to the real property having a street address of 3220
North Flagler Drive, West Palm Beach, Florida 33407.
3If any document otherwise required to be produced by this request is withheld, as to each
document, the Respondent shall identify the document by stating its date, author, recipient and
reason for withholding by way of a privilege log in compliance with prevailing case law.
DOCUMENTS TO BE PRODUCED
1, All documents reflecting communications by and between LITVAK on the one hand
and BOAN on the other from January 2009 through and including the date of this
request.
2. All documents regarding any legal malpractice action as filed against LITVAK during
the past ten (10) years.
3. All documents regarding any employment of LITVAK by HS&W, LLP.
4. All documents regarding the termination of LITVAK’s employment with HS&W, LLP.
5. All documents between LITVAK on the one hand and any representative of HS&W,
LLP on the other hand regarding the claims contained in the Complaint or First
Amended Complaint in the above-styled action.
6. All written reports of each person whom you expect to call as an expert witness at trial.
7. The most recent resume or curriculum vitae of each expert whom you expect to call as
an expert witness at trial.
8. All notes, diagrams, photographs or other documents prepared or reviewed in
connection with their assignment in this case by each person whom you expect to call
as an expert witness at trial.9.
10.
12.
16.
17,
All drafis, working papers or documents generated by each witness whom you intend
to call as an expert at trial, in connection with the opinions and subjects on which the
witness is expected to testify.
Each publication or paper that was written or worked on by each witness whom you
intend to cal! as an expert witness at trial, and which refers or relates to the opinions
and subjects on which the witness is expected to testify.
. A list of cases that the expert has been involved in for the last 5 years.
All books, calendars, diaries, day timers, computer generated case management
software information, or other similar compilations maintained for business or
professional reasons from January 2009 until the present which contain any and all
references to the Plaintiff.
. Any documentation at all upon which you or HS&W, LLP intends to base in whole, or
in part. any defense to the allegations set forth in the Plaintiffs Amended Complaint.
. All documents or records related to you or your firms legal representation of the
Plaintiff including, but not limited to, file notes, correspondence, memoranda, e-mails,
ete.
. All documents, correspondence, or inter office memoranda concerning the facts,
matters, circumstances or allegations of the underlying tort claim included in the legal
malpractice Complaint in the instant action.
Each document evidencing any expenses you incurred on behalf of the Plaintiff.
Each document or draft of a document representing all documents you or HS&W, LLP
prepared on the Plaintiff's behalf.19.
20.
24.
25,
. Each document evidencing all attorney time expended by you or your firm regarding
discussions, work for or documents prepared for or for the benefit of Plaintiff.
Each document reflecting any telephone conversations or telephone messages, notes,
email, and all forms of informal communication, or notations made by, for or between.
you, HS&W, LLP and the Plaintiff, or anyone else relative to the you or HS&W, LLP’s
providing of legal advice to Plaintiff regarding the Real Property.
Any documents evidencing any communication with you and HS&W, LLP or any other
attorney regarding the Real Property.
. Any documents evidencing any communication with you and your firm or any other
any other attorney, witness, or potential witness or other party relative to the Real
Property.
. All documents in support or contravention of any factual allegations and/or contentions
contained in the Amended Complaint as filed in this case or in any other parties
Answers to Plaintiff's Interrogatories.
. Any and all documentation regarding any legal research or analysis performed by you
to determine the preparation of the hardship letter on behalf of the Plaintiff.
Please provide a copy of your complete physical file(s) regarding any work performed
by LITVAK or any other member or employee of HS&W on behalf of Plaintiff
including a copy of any folder or redwell the file is contained or stored within.
Please provide a copy of HS&W, LLP’s complete computer kept file(s) regarding any
matters regarding the Plaintiff and the Real Property including but not limited to word
processing data, if your office is a paperless office, please print out the hard copies of
any documentation scanned in or stored electronically or digitally.
626.
Any and all documents HS&W, LLP intends to introduce or rely upon at trial in this
case as otherwise not produced in response to the foregoing requests for production of
documents.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was provided this
day of April, 2015 by Eservice/Email/US Mail to: Pete L. DeMahy, Esq.,
Demahy, Labrador, Drake, et al., 150 Alhambra Circle, Coral Gables, FL 33134
[Email- Pdemahy@dldlawyers.com, odcabeza@dldlawyers.com]
SELZ & MUVDI SELZ, P.A.
500 University Blvd., #110
. SELZ
No. 0777420
Preview
Filing # 26062079 E-Filed 04/14/2015 01:39:36 PM IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT IN AND FOR PALM. BEACH COUNTY, FLORIDA JOSEPH M. BOAN, ; CASE NO: 502014CA000475XXXXMB Plaintiff, vs. ANDREW LITVAK and HARTMAN SIMONS & WOOD, LLP, Defendants. PLAINTIFF’S FIRST. neounet FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT HARTMAN SIMONS & WOOD, LLP COMES NOW, the Plaintiff, JOSEPH BOAN, by and through his undersigned counsel, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby propounds the following Request for Production on the Defendant, HARTMAN SIMONS & WOOD, LLP, hereinafter “Defendant”, “Respondent” or “Responding Party”, as numbered 1-26, and hereby requests that the named Responding Party produce the following documents within thirty (30) days from the date of service of this request for inspection and copying the originals of each of the below listed documents pursuant to the following instruction and definitions: INSTRUCTIONS A. Production may be made by true and complete copies being furnished to the undersigned attorneys at their offices in lieu of the production of the original of same provided that the producing party provides a certificate authenticating any such copy produced as a true, complete and accurate copy of the original document. B. Responding Party shall specify which documents are produced in response to each of the numbered paragraphs. If any documents herein requested was formerly in the possession, 1 "FILED: PALM BEACH COUNTY. FL_SHARON R BOCK, CLERK, 4/14/2015 1:39:36 PM ***custody or control of the Responding Party and such documents have either been lost or destroyed, Responding Party is requested to submit, in lieu of each document, a written statement as to each such lost or destroyed document as follows: 1. Describe in detail the nature of the document and its contents; and, 2. Identifies the person or persons who prepared or authored the document and, if applicable, the person or persons to whom the document was sent; and, 3. Specify the date on which the document was prepared and/or transmitted; and, 4. Specify, if possible, the date on which the document was lost or destroyed and, if destroyed, the conditions of or reasons for such destruction and the person or persons requesting performing the destruction. C. All items requested pertain to the transactions as described in the Amended Complaint in this matter and the documents and attachments to the pleadings as filed in this action. DEFINITIONS AND GENERAL INSTRUCTIONS FOR PRODUCTION The term “BOAN” wherever used herein refers to the Plaintiff, JOSEPH BOAN. The term “Communications” or “communication” refers to any and all communications whether such communication was oral and reduced to writing or otherwise memorialized and regardless of whether same was transmitted electronically, including specifically all electronic mail (email), facsimile transmissions and mailed or hand delivered communications. The term “Complaint” or “Amended Complaint” shall include both the original complaint and the amended complaint as filed in this matter Case No. 502014CA000475XXXXMB.The term “Defendants” collectively includes ANDREW LITVAK and HARTMAN, SIMONS & WOOD, LLP together with their respective agents, employees, subcontractors, representatives, attorneys, successors, assigns as well as any successors and/or predecessors in interest. ANDREW LITVAK shall be referred to as “LITVAK” and HARTMAN, SIMONS & WOOD, LLP shall be referred to as “HS&W, LLP”. The term “Document” or “Documents” as used herein, refers to all written or graphic matter, however produced or reproduced, of every kind and description, whether produced internally or received from any outside source, including, without limitation, papers, books, letters, photographs, specifications, drawings, blueprints, sketches, feasibility studies, objects, tangible things, correspondence, telegrams, memoranda, inter-office communications, reports, studies, surveys, contracts, licenses, permits, permit applications, agreements, ledgers, books of account, computer printouts and other computer material, transcripts, analyses, proposals, suggestions, legal pleadings, deeds, mortgages, bills of sale, security agreements, legal documents, vouchers, records of inter-bank transfers of funds, bank checks, cashier’s checks, invoices, drafts, charge slips, receipts, check stubs, freight bills, bills of lading, working papers or drafts, statistical records, notebooks, calendars, appointment books, diaries, agendas, time sheets, logs, bids, estimates, job or transaction files, credit reports, notations, notes, sound records of any type, minutes of director’s or other meetings, phone records or tape recordings or other data compilations from which information can be obtained, any transcriptions thereof, bulletins, circulars, notices, instruction, advertisements, work assignments, motion picture films, videotapes, research or other articles or treatises, including all attachments and enclosures thereto. The term “Real Property” shall refer to the real property having a street address of 3220 North Flagler Drive, West Palm Beach, Florida 33407. 3If any document otherwise required to be produced by this request is withheld, as to each document, the Respondent shall identify the document by stating its date, author, recipient and reason for withholding by way of a privilege log in compliance with prevailing case law. DOCUMENTS TO BE PRODUCED 1, All documents reflecting communications by and between LITVAK on the one hand and BOAN on the other from January 2009 through and including the date of this request. 2. All documents regarding any legal malpractice action as filed against LITVAK during the past ten (10) years. 3. All documents regarding any employment of LITVAK by HS&W, LLP. 4. All documents regarding the termination of LITVAK’s employment with HS&W, LLP. 5. All documents between LITVAK on the one hand and any representative of HS&W, LLP on the other hand regarding the claims contained in the Complaint or First Amended Complaint in the above-styled action. 6. All written reports of each person whom you expect to call as an expert witness at trial. 7. The most recent resume or curriculum vitae of each expert whom you expect to call as an expert witness at trial. 8. All notes, diagrams, photographs or other documents prepared or reviewed in connection with their assignment in this case by each person whom you expect to call as an expert witness at trial.9. 10. 12. 16. 17, All drafis, working papers or documents generated by each witness whom you intend to call as an expert at trial, in connection with the opinions and subjects on which the witness is expected to testify. Each publication or paper that was written or worked on by each witness whom you intend to cal! as an expert witness at trial, and which refers or relates to the opinions and subjects on which the witness is expected to testify. . A list of cases that the expert has been involved in for the last 5 years. All books, calendars, diaries, day timers, computer generated case management software information, or other similar compilations maintained for business or professional reasons from January 2009 until the present which contain any and all references to the Plaintiff. . Any documentation at all upon which you or HS&W, LLP intends to base in whole, or in part. any defense to the allegations set forth in the Plaintiffs Amended Complaint. . All documents or records related to you or your firms legal representation of the Plaintiff including, but not limited to, file notes, correspondence, memoranda, e-mails, ete. . All documents, correspondence, or inter office memoranda concerning the facts, matters, circumstances or allegations of the underlying tort claim included in the legal malpractice Complaint in the instant action. Each document evidencing any expenses you incurred on behalf of the Plaintiff. Each document or draft of a document representing all documents you or HS&W, LLP prepared on the Plaintiff's behalf.19. 20. 24. 25, . Each document evidencing all attorney time expended by you or your firm regarding discussions, work for or documents prepared for or for the benefit of Plaintiff. Each document reflecting any telephone conversations or telephone messages, notes, email, and all forms of informal communication, or notations made by, for or between. you, HS&W, LLP and the Plaintiff, or anyone else relative to the you or HS&W, LLP’s providing of legal advice to Plaintiff regarding the Real Property. Any documents evidencing any communication with you and HS&W, LLP or any other attorney regarding the Real Property. . Any documents evidencing any communication with you and your firm or any other any other attorney, witness, or potential witness or other party relative to the Real Property. . All documents in support or contravention of any factual allegations and/or contentions contained in the Amended Complaint as filed in this case or in any other parties Answers to Plaintiff's Interrogatories. . Any and all documentation regarding any legal research or analysis performed by you to determine the preparation of the hardship letter on behalf of the Plaintiff. Please provide a copy of your complete physical file(s) regarding any work performed by LITVAK or any other member or employee of HS&W on behalf of Plaintiff including a copy of any folder or redwell the file is contained or stored within. Please provide a copy of HS&W, LLP’s complete computer kept file(s) regarding any matters regarding the Plaintiff and the Real Property including but not limited to word processing data, if your office is a paperless office, please print out the hard copies of any documentation scanned in or stored electronically or digitally. 626. Any and all documents HS&W, LLP intends to introduce or rely upon at trial in this case as otherwise not produced in response to the foregoing requests for production of documents. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was provided this day of April, 2015 by Eservice/Email/US Mail to: Pete L. DeMahy, Esq., Demahy, Labrador, Drake, et al., 150 Alhambra Circle, Coral Gables, FL 33134 [Email- Pdemahy@dldlawyers.com, odcabeza@dldlawyers.com] SELZ & MUVDI SELZ, P.A. 500 University Blvd., #110 . SELZ No. 0777420