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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
RICHARD GARDNER,
Plaintiff,
VS. CASE NO. 2007-CA-07710 NC
PAUL G. ADAMS and PATRICTA A.
DONAHUE, individually and as Co-Trustees
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u/a/d January 23, 2003, )
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Defendants.
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION
OF DOCUMENTS FROM DEFENDANTS
Pursuant to Florida Rule of Civil Procedure 1.350, Plaintiff, RICHARD
GARDNER, requests Plaintiffs, PAUL G. ADAMS and PATRICIA A. DONAHUE, to
produce for inspection and/or copying the following listed items or category of items in
their immediate or constructive possession or control at the offices of Dooley & Drake,
P.A., 1432 First Street, Sarasota, Florida 34236, within thirty (30) days after service
hereof.
INSTRUCTIONS
If any document herein requested was formerly in the possession, custody or
control of the aforesaid party and has been transferred, lost or destroyed Defendants shall
submit in lieu of each document a written statement which:
(a) | Describes in detail the nature of the document and its contents;
(b) Identifies the person who prepared or offered the document, and if
applicable, the person to whom the document was sent;
Page 1 of 5
Filed for Record 10/04/2007 04:57 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007710 NC Dkt-77851785 Page 1 of 5(c) Specifies the date on which the document was prepared;
(d) Specifies, if possible, the date on which the document was lost or
destroyed, the conditions or reasons for such destruction and the persons
requesting and performing the destruction;
(ec) Ifthe document otherwise required to be produced by this request is
withheld, Defendants, shall identify the document by stating its date,
author, recipients and all reasons for withholding the document.
If any production of any request is unduly burdensome or costly, Plaintiff will
provide the necessary personnel to reproduce the requested documents and/or reimburse
Defendants for any reasonable copying charges or postage charges associated with
production of the requested documents.
DEFINITIONS
(A) "Plaintiff" means the Plaintiff and the employee, agent, or attorney of
Plaintiff, and any other person acting for, or on behalf of Plaintiff, or under Plaintiff's
authority or control;
(B) "“Detendant" means the Defendants and any employee, agent, or attorney of
Defendants, and any other person acting for, or on behalf of Defendants, or under
Defendants' authority or control;
(C) "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 by
reason of any notation made on such copy or otherwise including, but not limited to,
correspondence, memoranda, notes, messages, letters, telegraphs, teletype, telefax,
bulletins, notes of meetings or other communications, interoffice and intra office
telephone calls, diaries, chronological data, minute books, reports, charts, ledgers,
invoices, worksheets, receipts, returns, computer printouts, prospectuses, financial
statements, schedules, affidavits, contracts, cancelled checks, transcripts, statistics,
surveys, magazine or newspaper articles, releases, (and any and all drafts of the
foregoing), graphic or aural records of representations of any kind, including but without
limitation, photographs, charts, graphs, microfiche, microfilm, videotape records,
motions pictures, and electronic, mechanical, or electric records or representations of any
kind (including without limitation, tapes, cassettes, discs, and recordings).
Page 2 of 5
Filed for Record 10/04/2007 04:57 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007710 NC Dkt-77851785 Page 2 of 5(D) The term "documents" means every document or group of documents or
communications as above-defined known to you, and every such document or
communication which can be located or discovered by reasonably diligent efforts.
(E) The term "you" and "your" means the party to whom these requests are
addressed including agents, representatives, and each person acting or purporting to act
on behalf of the party to whom these requests are addressed with respect to the subject
matter of each request herein.
(F) "Person" means any natural person, individual, proprietorship, partnership,
corporation, association, organization, joint venture, firm, other business enterprise,
governmental body, group of natural persons or other entity.
(G) “Property” means the residence purchased by Plaintiff, from Defendants,
located at 2559 Paulstan Court, Sarasota, Florida.
(H) "Relating to" means concerning, respecting, referring to, summarizing,
digesting, embodying, supporting, reflecting, establishing, tending to establish, tended
not to establish, evidencing, comprising, connected with, commenting on, responding to,
disagreeing with, showing, describing, analyzing, representing, constituting, or including.
(1) As used herein, the singular and masculine form of nouns and pronouns
shall embrace, and be read and applied as the plural or feminine or neuter, as
circumstances may make appropriate.
Page 3 of 5
Filed for Record 10/04/2007 04:57 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007710 NC Dkt-77851785 Page 3 of 5nN
Il.
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DOCUMENTS REQUESTED
All documents relating to any and all communications you have had with Plaintiff
or Plaintiff's agents relating to the issues raised in this litigation.
All documents relating to any and all communications you have had with any
person(s), other than Plaintiff or Plaintiff's agents, relating to the issues raised in
this litigation.
All documents submitted by you to Plaintiff relating to Plaintiff s purchase of the
Property.
All documents received by you from Plaintiff relating to Plaintiff's purchase of the
Property.
All documents received by you from person(s), other than Plaintiff, relating to
your listing and sale of the Property and/or Plaintiffs purchase of the Property.
All documents sent by you to person(s), other than Plaintiff, relating to your listing
and sale of the Property and/or Plaintiffs purchase of the Property.
All documents relating to any and all improvements, as defined in Fla. Stat.
§713.01(14), made, authorized, or requested by you for the Property.
Any and all building permits applied for and/or received by you for improvements,
as defined in Fla. Stat. §713.01(14), made, authorized, or requested by you for the
Property.
All documents relating to each and every termite inspection, repair, or treatment
performed on or about the Property.
All documents relating to your purchase of the Property.
All documents received by you from Jonathan and/or Patricia Shields relating to
the Property.
All documents sent by you to Jonathan and/or Patricia Shields relating to the
Property.
All documents received by you from Terminex (a/k/a The Terminex International
Company, LP) relating to the Property.
Page 4 of 5
Filed for Record 10/04/2007 04:57 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007710 NC Dkt-77851785 Page 4o0f514. All documents sent by you to Terminex (a/k/a The Terminex International
Company, LP) relating to the Property.
I5. All documents received by you from Ken Frapicinni and/or ReMax Properties
relating to your listing and sale of the Property and/or Plaintiffs purchase of the
Property.
16. All documents sent by you to Ken Frapicinni and/or ReMax Properties relating to
your listing and sale of the Property and/or Plaintiffs purchase of the Property.
CERTIFICATE OF SERVICE
J HEREBY CERTIFY that a true copy of the foregoing has been furnished by
hand delivery to ROBERT E. TURFFS, ESQUIRE, Robert E. Turffs, P.A., 1444 First
Street, Suite B, Sarasota, Florida, 34236, this oh) day of October, 2007.
DOOLEY & DRAKE, P.A.
1432 First Street
Sarasota, Florida 34236
(941) 954-7750
(941) 951-1509 (FAX)
Attorneys for Plaintiff
/ ,
Ze
Christopher C. Morrison, Esq.
Florida Bar No. 0780308
By:
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Filed for Record 10/04/2007 04:57 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007710 NC Dkt-77851785 Page 5of5
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA RICHARD GARDNER, Plaintiff, VS. CASE NO. 2007-CA-07710 NC PAUL G. ADAMS and PATRICTA A. DONAHUE, individually and as Co-Trustees ) ) ) ) ) ) 3 u/a/d January 23, 2003, ) ) ) Defendants. PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANTS Pursuant to Florida Rule of Civil Procedure 1.350, Plaintiff, RICHARD GARDNER, requests Plaintiffs, PAUL G. ADAMS and PATRICIA A. DONAHUE, to produce for inspection and/or copying the following listed items or category of items in their immediate or constructive possession or control at the offices of Dooley & Drake, P.A., 1432 First Street, Sarasota, Florida 34236, within thirty (30) days after service hereof. INSTRUCTIONS If any document herein requested was formerly in the possession, custody or control of the aforesaid party and has been transferred, lost or destroyed Defendants shall submit in lieu of each document a written statement which: (a) | Describes in detail the nature of the document and its contents; (b) Identifies the person who prepared or offered the document, and if applicable, the person to whom the document was sent; Page 1 of 5 Filed for Record 10/04/2007 04:57 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007710 NC Dkt-77851785 Page 1 of 5(c) Specifies the date on which the document was prepared; (d) Specifies, if possible, the date on which the document was lost or destroyed, the conditions or reasons for such destruction and the persons requesting and performing the destruction; (ec) Ifthe document otherwise required to be produced by this request is withheld, Defendants, shall identify the document by stating its date, author, recipients and all reasons for withholding the document. If any production of any request is unduly burdensome or costly, Plaintiff will provide the necessary personnel to reproduce the requested documents and/or reimburse Defendants for any reasonable copying charges or postage charges associated with production of the requested documents. DEFINITIONS (A) "Plaintiff" means the Plaintiff and the employee, agent, or attorney of Plaintiff, and any other person acting for, or on behalf of Plaintiff, or under Plaintiff's authority or control; (B) "“Detendant" means the Defendants and any employee, agent, or attorney of Defendants, and any other person acting for, or on behalf of Defendants, or under Defendants' authority or control; (C) "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 by reason of any notation made on such copy or otherwise including, but not limited to, correspondence, memoranda, notes, messages, letters, telegraphs, teletype, telefax, bulletins, notes of meetings or other communications, interoffice and intra office telephone calls, diaries, chronological data, minute books, reports, charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, cancelled checks, transcripts, statistics, surveys, magazine or newspaper articles, releases, (and any and all drafts of the foregoing), graphic or aural records of representations of any kind, including but without limitation, photographs, charts, graphs, microfiche, microfilm, videotape records, motions pictures, and electronic, mechanical, or electric records or representations of any kind (including without limitation, tapes, cassettes, discs, and recordings). Page 2 of 5 Filed for Record 10/04/2007 04:57 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007710 NC Dkt-77851785 Page 2 of 5(D) The term "documents" means every document or group of documents or communications as above-defined known to you, and every such document or communication which can be located or discovered by reasonably diligent efforts. (E) The term "you" and "your" means the party to whom these requests are addressed including agents, representatives, and each person acting or purporting to act on behalf of the party to whom these requests are addressed with respect to the subject matter of each request herein. (F) "Person" means any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, group of natural persons or other entity. (G) “Property” means the residence purchased by Plaintiff, from Defendants, located at 2559 Paulstan Court, Sarasota, Florida. (H) "Relating to" means concerning, respecting, referring to, summarizing, digesting, embodying, supporting, reflecting, establishing, tending to establish, tended not to establish, evidencing, comprising, connected with, commenting on, responding to, disagreeing with, showing, describing, analyzing, representing, constituting, or including. (1) As used herein, the singular and masculine form of nouns and pronouns shall embrace, and be read and applied as the plural or feminine or neuter, as circumstances may make appropriate. Page 3 of 5 Filed for Record 10/04/2007 04:57 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007710 NC Dkt-77851785 Page 3 of 5nN Il. 12. [3. DOCUMENTS REQUESTED All documents relating to any and all communications you have had with Plaintiff or Plaintiff's agents relating to the issues raised in this litigation. All documents relating to any and all communications you have had with any person(s), other than Plaintiff or Plaintiff's agents, relating to the issues raised in this litigation. All documents submitted by you to Plaintiff relating to Plaintiff s purchase of the Property. All documents received by you from Plaintiff relating to Plaintiff's purchase of the Property. All documents received by you from person(s), other than Plaintiff, relating to your listing and sale of the Property and/or Plaintiffs purchase of the Property. All documents sent by you to person(s), other than Plaintiff, relating to your listing and sale of the Property and/or Plaintiffs purchase of the Property. All documents relating to any and all improvements, as defined in Fla. Stat. §713.01(14), made, authorized, or requested by you for the Property. Any and all building permits applied for and/or received by you for improvements, as defined in Fla. Stat. §713.01(14), made, authorized, or requested by you for the Property. All documents relating to each and every termite inspection, repair, or treatment performed on or about the Property. All documents relating to your purchase of the Property. All documents received by you from Jonathan and/or Patricia Shields relating to the Property. All documents sent by you to Jonathan and/or Patricia Shields relating to the Property. All documents received by you from Terminex (a/k/a The Terminex International Company, LP) relating to the Property. Page 4 of 5 Filed for Record 10/04/2007 04:57 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007710 NC Dkt-77851785 Page 4o0f514. All documents sent by you to Terminex (a/k/a The Terminex International Company, LP) relating to the Property. I5. All documents received by you from Ken Frapicinni and/or ReMax Properties relating to your listing and sale of the Property and/or Plaintiffs purchase of the Property. 16. All documents sent by you to Ken Frapicinni and/or ReMax Properties relating to your listing and sale of the Property and/or Plaintiffs purchase of the Property. CERTIFICATE OF SERVICE J HEREBY CERTIFY that a true copy of the foregoing has been furnished by hand delivery to ROBERT E. TURFFS, ESQUIRE, Robert E. Turffs, P.A., 1444 First Street, Suite B, Sarasota, Florida, 34236, this oh) day of October, 2007. DOOLEY & DRAKE, P.A. 1432 First Street Sarasota, Florida 34236 (941) 954-7750 (941) 951-1509 (FAX) Attorneys for Plaintiff / , Ze Christopher C. Morrison, Esq. Florida Bar No. 0780308 By: Page 5 of 5 Filed for Record 10/04/2007 04:57 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007710 NC Dkt-77851785 Page 5of5