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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
INAND FOR SARASOTA COUNTY, FLORIDA
RICHARD R. FEY and
SCOTT FEY CASE NO.: 2007-CA-8117 NC
Plaintiffs, rn 8B =
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MARY ANN TURCOTTE, Fen wo &
Defendant, Artz ES
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DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
Defendant, MARY ANN TURCOTTE, by and through undersigned counsel and
pursuant to Rule 1.350, Florida Rules of Civil Procedure, requests that the Plaintiff,
RICHARD R. FEY and SCOTT FEY, produce and permit the inspection and copying,
within thirty (30) days of service hereof, the following documents, writings, and other
data, at the offices of the attorneys for the Defendant, Cole Scott & Kissane, P.A.,
Bridgeport Center, Suite 750, 5201 West Kennedy Boulevard, Tampa, Florida 33609.
oy es
citithcmn
BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was served via
facsimile and U.S. mail on this 4" day of October, 2007, to: Harry W. Haskins,
Esquire, 3400 S. Tamiami Trail, Suite 201 Sarasota, Florida 34239.
COLE, SCOTT & KISSANE, P.A.
Bridgeport Center, Suite 750
5201 W. Kennedy Bivd.
Tampa, FL 33609
Telephone: (813) 289-9300
Facsimile: (813) 286-2900
\SS : 0057983
SCOTT A. SHELTON, ESQ.
FBN: 0036486
_2-
COLE, SCOTT & KISSANE, P.A.
BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC
DEFINITIONS
Please refer to these definitions and instructions in providing your responses.
Unless otherwise clearly indicated by the context thereof, the following definitions and
instructions shall apply to each of the requests set forth below:
1. Plaintiffs means RICHARD R. FEY and SCOTT FEY.
2. "You" and/or "Your" means Plaintiffs, and any employees, agents,
attorneys, representatives or other persons acting on his/her behalf.
3. "Communication" means, without limitation, any oral, written, telephonic,
radio, video or electronic transmission of information, demands or questions,
including but not limited to conversations, meetings, discussions, telephone calls,
telegrams, telecopy’s, telexes, seminars, conferences, writings, letters,
messages, notes, or memoranda.
4. "Document" or "Documents" means all "writings and recordings". The
definition is intended to include all documents, agreements, correspondence,
records, ledgers, contracts, bills, invoices, bills of lading, inventories, financial
data, memoranda, notes, or other writings, formal or informal in nature,
accounting and financial records, diaries, statements, telegrams, draft, work
papers, paper and magnetic tapes, charts, computer cards and print outs,
electronically or magnetically stored information or data, minutes, publications,
calendars, telephone pads, bulletins, directives, logs and listings, in your actual
or constructive possession, custody or control, or of which you have knowledge
of the existence, and whether prepared, published or released by you or by any
other person or entity. Without limitation on the foregoing, the term "documents"
shall include any copy which differs in any respect from the original or other
versions of the documents, such as copies containing notations, insertions,
corrections, marginal notes or any variations.
5. "Identify" means, when used in reference to:
A. An individual, to state his/her or his/her (i) full name; (ii) present or
last known home and business address, including street name and
number, city or town and zip code; (iii) present or last known position, job
title and job description;
B. A person other than an individual, to state its (i) full name and type
of organization or entity; (ii) address or principal place of business; and (iii)
jurisdiction and date of incorporation or organization, if known.
C. Documents, to state (i) the name and date of the document, the
name and address of the person(s) originating the document, the name
and address, if any, of the person(s) to whom the document is addressed,
COLE, SCOTT & KISSANE, P.A.
BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC
the names and addresses of all persons to whom copies of the documents
were to have been sent; and the organization, firm or agency with which
any such persons were connected as of the date of the document; and (ii)
whether Plaintiff is in possession of or has under his control the original or
a copy of the document, and, if not in possession of an original or copy,
the name and address of the custodian of each original copy, and the
name and address of each person who Plaintiff believes presently is in
possession of the original or copy of such document. In lieu of identifying
particular documents, when such identification is requested, the document
may, at Plaintiffs option, be attached to the response to this request to
produce, bearing an indication to which response or responses each
document relates.
D. Conversations, to state the date and place and approximate time of
day of the conversation, the identity of all persons in attendance, the
subject matter and reasons for the conversation, the statements made by
each person, including the context in which they were made and the
identity of any writings or recordation’s which exist relating thereto.
E. A claim, the name of the claimant, the nature of the claim, the
names of all parties to any lawsuit, the court number, if any, the date of
the claim, the date upon which Defendant first became aware of the claim,
the relief sought, and the present status or final disposition of the claim.
F. Any other item or information, to provide a particular description of
the same.
6. "Notice" shall include formal and informal notification.
7. The plural shall include the singular and the singular shall include the
plural.
-4-
COLE, SCOTT & KISSANE, P.A.
BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC
INSTRUCTIONS
1. lf in your possession, custody, or control, produce the originals of all
documents called for, as well as any and all copies of the documents which bear
any mark or notation not present on the original.
2. In producing documents called for, segregate the documents so as to
identify the numbered request to which each such document(s) responds.
3. lf you once had any documents called for herein which have since been
destroyed or otherwise disposed, so indicate and describe the documents by
date, author(s), address(ees), and general subject matter.
4, lf you once had any documents called for herein, but no longer do, so
indicate and describe the documents by date, author(s), address(es), and
general subject matter, and indicate the name and address of the person or
entity who has possession, control or custody, or who was last known to have
possession, control or custody of the document.
5. This request is a continuing request for all documents that are now or may
hereafter come into Plaintiffs actual or constructive possession, custody or
control and shall include documents generated, created, prepared or received
during the period of this request, through the date of compliance with this request
or trial, which ever is later, unless otherwise stated.
6. For each such document that is responsive to this request and which is
sought to be withheld under a claim of privilege, the following information shall be
provided:
A. The place, date (or approximate date) and the manner of record or
otherwise preparing document;
B. The name and title of the sender and the name and title of the
recipient of the document;
C. A description of the subject of the document;
D. The identity of each person or persons (other than stenographic or
clerical assistance) participating in the preparation of the documents;
E. The identity of each person to whom the contents of the document
have heretofore been communicated by copy, exhibition, sketch, reading
or substantial summarization, the dates of such said communication, and
the employer and title of the person at the time of said communication;
F. A statement of the basis on which privilege is claimed; and
-5-
COLE, SCOTT & KISSANE, P.A.
BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC
G. The identity and title of the person or persons supplying Plaintiff's
attorney with the information requested in subsections (i) through (vii)
above.
7. All documents produced in response to this request shall be produced in
total notwithstanding the fact that portions may contain information not
requested.
8. For any documents that are stored or maintained in files in the normal
course of business, such documents shall be produced in such files, or in such a
manner so as to preserve and identify the file from which such documents were
taken.
COLE, SCOTT & KISSANE, P.A.
BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC
DOCUMENTS REQUESTED
1. Any and all insurance policies issued to Plaintiffs which might provide coverage
to Plaintiffs’ for the incident alleged in Plaintiffs’ Complaint.
2. Any and all photographs, drawing and/or videotapes pertaining to the subject
matter in this case including but not limited to the trees that were allegedly
removed from Plaintiffs’ property or where they were located previously.
3. Any and all statements of any person obtained by the Plaintiffs, its agents or
attorneys whether written or recorded at the time of or subsequent to the incident
alleged in Plaintiffs Complaint.
4. Any and all letters, memoranda, correspondences, emails or other documents
sent to you by Defendant.
5. All documents which support the allegation contained in Plaintiffs Complaint that
Plaintiffs property value has been “substantially reduced” as a result of the
incident.
6. Copies of all contracts for landscaping, maintenance, tree removal, or other lawn
maintenance for the last five years.
7. Copies of all work orders concerning the landscaping, maintenance, tree
removal, or other landscaping for the last five years.
8. All documents which support the allegations contained in paragraph 6 of Plaintiffs
Complaint.
9, All documents which support the allegations contained in paragraph 7 of Plaintiffs
Complaint.
10. All documents which support the allegations contained in paragraph 8 of Plaintiffs
Complaint.
11. Alldocuments which support the allegations contained in paragraph 9 of Plaintiffs
Complaint.
COLE, SCOTT & KISSANE, P.A.
BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAX
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT INAND FOR SARASOTA COUNTY, FLORIDA RICHARD R. FEY and SCOTT FEY CASE NO.: 2007-CA-8117 NC Plaintiffs, rn 8B = o> ITT = — 2 Om VS. BS OS Om ary MARY ANN TURCOTTE, Fen wo & Defendant, Artz ES es PS i ZS 4 C3 DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, MARY ANN TURCOTTE, by and through undersigned counsel and pursuant to Rule 1.350, Florida Rules of Civil Procedure, requests that the Plaintiff, RICHARD R. FEY and SCOTT FEY, produce and permit the inspection and copying, within thirty (30) days of service hereof, the following documents, writings, and other data, at the offices of the attorneys for the Defendant, Cole Scott & Kissane, P.A., Bridgeport Center, Suite 750, 5201 West Kennedy Boulevard, Tampa, Florida 33609. oy es citithcmn BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was served via facsimile and U.S. mail on this 4" day of October, 2007, to: Harry W. Haskins, Esquire, 3400 S. Tamiami Trail, Suite 201 Sarasota, Florida 34239. COLE, SCOTT & KISSANE, P.A. Bridgeport Center, Suite 750 5201 W. Kennedy Bivd. Tampa, FL 33609 Telephone: (813) 289-9300 Facsimile: (813) 286-2900 \SS : 0057983 SCOTT A. SHELTON, ESQ. FBN: 0036486 _2- COLE, SCOTT & KISSANE, P.A. BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC DEFINITIONS Please refer to these definitions and instructions in providing your responses. Unless otherwise clearly indicated by the context thereof, the following definitions and instructions shall apply to each of the requests set forth below: 1. Plaintiffs means RICHARD R. FEY and SCOTT FEY. 2. "You" and/or "Your" means Plaintiffs, and any employees, agents, attorneys, representatives or other persons acting on his/her behalf. 3. "Communication" means, without limitation, any oral, written, telephonic, radio, video or electronic transmission of information, demands or questions, including but not limited to conversations, meetings, discussions, telephone calls, telegrams, telecopy’s, telexes, seminars, conferences, writings, letters, messages, notes, or memoranda. 4. "Document" or "Documents" means all "writings and recordings". The definition is intended to include all documents, agreements, correspondence, records, ledgers, contracts, bills, invoices, bills of lading, inventories, financial data, memoranda, notes, or other writings, formal or informal in nature, accounting and financial records, diaries, statements, telegrams, draft, work papers, paper and magnetic tapes, charts, computer cards and print outs, electronically or magnetically stored information or data, minutes, publications, calendars, telephone pads, bulletins, directives, logs and listings, in your actual or constructive possession, custody or control, or of which you have knowledge of the existence, and whether prepared, published or released by you or by any other person or entity. Without limitation on the foregoing, the term "documents" shall include any copy which differs in any respect from the original or other versions of the documents, such as copies containing notations, insertions, corrections, marginal notes or any variations. 5. "Identify" means, when used in reference to: A. An individual, to state his/her or his/her (i) full name; (ii) present or last known home and business address, including street name and number, city or town and zip code; (iii) present or last known position, job title and job description; B. A person other than an individual, to state its (i) full name and type of organization or entity; (ii) address or principal place of business; and (iii) jurisdiction and date of incorporation or organization, if known. C. Documents, to state (i) the name and date of the document, the name and address of the person(s) originating the document, the name and address, if any, of the person(s) to whom the document is addressed, COLE, SCOTT & KISSANE, P.A. BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC the names and addresses of all persons to whom copies of the documents were to have been sent; and the organization, firm or agency with which any such persons were connected as of the date of the document; and (ii) whether Plaintiff is in possession of or has under his control the original or a copy of the document, and, if not in possession of an original or copy, the name and address of the custodian of each original copy, and the name and address of each person who Plaintiff believes presently is in possession of the original or copy of such document. In lieu of identifying particular documents, when such identification is requested, the document may, at Plaintiffs option, be attached to the response to this request to produce, bearing an indication to which response or responses each document relates. D. Conversations, to state the date and place and approximate time of day of the conversation, the identity of all persons in attendance, the subject matter and reasons for the conversation, the statements made by each person, including the context in which they were made and the identity of any writings or recordation’s which exist relating thereto. E. A claim, the name of the claimant, the nature of the claim, the names of all parties to any lawsuit, the court number, if any, the date of the claim, the date upon which Defendant first became aware of the claim, the relief sought, and the present status or final disposition of the claim. F. Any other item or information, to provide a particular description of the same. 6. "Notice" shall include formal and informal notification. 7. The plural shall include the singular and the singular shall include the plural. -4- COLE, SCOTT & KISSANE, P.A. BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC INSTRUCTIONS 1. lf in your possession, custody, or control, produce the originals of all documents called for, as well as any and all copies of the documents which bear any mark or notation not present on the original. 2. In producing documents called for, segregate the documents so as to identify the numbered request to which each such document(s) responds. 3. lf you once had any documents called for herein which have since been destroyed or otherwise disposed, so indicate and describe the documents by date, author(s), address(ees), and general subject matter. 4, lf you once had any documents called for herein, but no longer do, so indicate and describe the documents by date, author(s), address(es), and general subject matter, and indicate the name and address of the person or entity who has possession, control or custody, or who was last known to have possession, control or custody of the document. 5. This request is a continuing request for all documents that are now or may hereafter come into Plaintiffs actual or constructive possession, custody or control and shall include documents generated, created, prepared or received during the period of this request, through the date of compliance with this request or trial, which ever is later, unless otherwise stated. 6. For each such document that is responsive to this request and which is sought to be withheld under a claim of privilege, the following information shall be provided: A. The place, date (or approximate date) and the manner of record or otherwise preparing document; B. The name and title of the sender and the name and title of the recipient of the document; C. A description of the subject of the document; D. The identity of each person or persons (other than stenographic or clerical assistance) participating in the preparation of the documents; E. The identity of each person to whom the contents of the document have heretofore been communicated by copy, exhibition, sketch, reading or substantial summarization, the dates of such said communication, and the employer and title of the person at the time of said communication; F. A statement of the basis on which privilege is claimed; and -5- COLE, SCOTT & KISSANE, P.A. BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC G. The identity and title of the person or persons supplying Plaintiff's attorney with the information requested in subsections (i) through (vii) above. 7. All documents produced in response to this request shall be produced in total notwithstanding the fact that portions may contain information not requested. 8. For any documents that are stored or maintained in files in the normal course of business, such documents shall be produced in such files, or in such a manner so as to preserve and identify the file from which such documents were taken. COLE, SCOTT & KISSANE, P.A. BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAXCase No. 2007-CA-8117-NC DOCUMENTS REQUESTED 1. Any and all insurance policies issued to Plaintiffs which might provide coverage to Plaintiffs’ for the incident alleged in Plaintiffs’ Complaint. 2. Any and all photographs, drawing and/or videotapes pertaining to the subject matter in this case including but not limited to the trees that were allegedly removed from Plaintiffs’ property or where they were located previously. 3. Any and all statements of any person obtained by the Plaintiffs, its agents or attorneys whether written or recorded at the time of or subsequent to the incident alleged in Plaintiffs Complaint. 4. Any and all letters, memoranda, correspondences, emails or other documents sent to you by Defendant. 5. All documents which support the allegation contained in Plaintiffs Complaint that Plaintiffs property value has been “substantially reduced” as a result of the incident. 6. Copies of all contracts for landscaping, maintenance, tree removal, or other lawn maintenance for the last five years. 7. Copies of all work orders concerning the landscaping, maintenance, tree removal, or other landscaping for the last five years. 8. All documents which support the allegations contained in paragraph 6 of Plaintiffs Complaint. 9, All documents which support the allegations contained in paragraph 7 of Plaintiffs Complaint. 10. All documents which support the allegations contained in paragraph 8 of Plaintiffs Complaint. 11. Alldocuments which support the allegations contained in paragraph 9 of Plaintiffs Complaint. COLE, SCOTT & KISSANE, P.A. BRIDGEPORT CENTER - SUITE 750 - 5201 WEST KENNEDY BOULEVARD - TAMPA, FLORIDA 33609 - (813) 289-9300 - (813) 286-2900 FAX