Preview
Filing # 73267303 E-Filed 06/07/2018 06:41:47 PM
IN THE CIRCUIT COURT OF THE 11TH
FUDICIAL CIRCUIT, IN AND FOR
MIAMI DADE COUNTY, FLORIDA
CRSJ,INC., CIVIL DIVISION
Plaintiff,
v. CASE NO.: 2018-012296 CA 01
A&S ENTERTAINMENT, LLC,
Defendanis.
DEFENDANT, DEFENDANT/COUNTER PLAINTIFF, A&S ENTERTAINMENT,
LUC'S, SECOND MOTION TO COMPEL BETTER RESPONSES TO REQUEST FOR
PRODUCTION AND FOR SANCTIONS
COMES NOW the Defendant/Counter Plaintiff, A&S ENTERTAINMENT, LLC, by and
through the undersigned counsel, and moves this Court for entry of an Order pursuant to Rule
1.38Q{a) of the Florida Rules of Civil Procedure, compelling the Defendant, CRSJ, INC., to
comply with an outstanding discovery request in this cause within ten (10) days and as grounds
thereof, states as follows:
1. On April 4", 2018, the Defendant served the attached Request for Production upon
the Defendant (See Request for Production attached hereto as Exhibit “A”.
2. On May 9", 2018, the Plaintiff responded to the Request for Production with
amounts to questionable objections, to include a privilege objection involving the Plaintiff/Counter
Defendant’s accountant, (See Response to Request for Production attached hereto as Exhibit “B”}
which was late and has been nonresponsive as to attempts to review and copy responsive
documents that are related to both the case in general (See E-mails attached hereto as Exhibit “C”)
and the Motion that has been set by this Court for May 23", 2018.
3. On May 21", 2018, the Defendant/Counter Plaintiff, A&S ENTERTAINMENT,
LLC, filed an Emergency Motion to Disperse Funds from Escrow and Amend Court Order set forMay 23°, 2018 at 11:00a.m., and Defendant’s Motion to Compel Production in this matter. CRSJ,
INC, never responded and has yet to amend its production or make said production otherwise
available for inspection and copying.
3. Furthermore, the Plaintiff has waived any and all objections because it filed its
response late and has yet to allow for the inspection and copying of responsive materials not
included in the production.
4. The Request for Production asked for many documents dispositive to the case as a
while and in regards to CRSJ’s assertion both in its Motion during oral argument at the May 23°,
2018, hearing that it was in or going into foreclosure without any disbursement of the rent fiumds
held in the Court’s Registry, More specifically, bank records and records involving the Plaintiff,
CRSPs, mortgage holder/lender were reflected and none were included in the untimely production.
5. Defendant cannot adequately defend this case and prepare it for trial without the
discovery requested and in fact, the Defendant is entitled to the discovery fairly and timely
requested pursuant to Florida Rules of Civil Procedure 1.350. Furthermore, the Plaintif{/Counter
Defendant, CRSJ, has waived its objections because it filed its response late, has yet to allow for
the inspection and copying of responsive materials, and has yet to provide response materials
involving its bank records and mortgage lender records.
6. If a party upon whom discovery is sought objects to the mature or substance
of discovery, FRCP 1.280(c) allows that party to seek protection from the Court through a Motion
for Protective Order. This has not been done, nor has there been a privity log filed by CRCJ as of
the filing of this Motion. Pursuit of such a Motion and Order is the proper means for objecting to
allegedly-objectionable discovery. Unilaterally and arbitrarily preventing such discovery from
Bodtaking place, such as was done by CRSJ, INC., via its counsel in this matter, is not permissible
under law. Guzman v. Cheney Brothers, 2011 WL 10923604
6. The Plaintiff's conduct belies his obvious belief that he commands the Court and
not the other way round, that it may choose when to (or not) obey relevant rules of this Court, that
it may cavalierly ignore not only the rules of discovery. Fla.R.Civ.P. 1.380(a)(4) allows for
recovery of discovery expenses, inclusive of attorney's fees, where a Motion becomes necessary
to compel a deposition or related discovery. Similarly, Fla.R.Civ.P. 1.380(d) permits a Court to
impose sanctions in the form of dismissal of claims and striking of pleadings where a party, without
proper legal justification and without following proper procedural protocol, unduly obstructs
legitimate discovery and prevents same from taking place. See Kozel v. Ostendorf, 629 S0.817,
la. 1993),
3. Defendant further moves, pursuant to Florida Rule of Civil Procedure 1.380(a)(4)
that the Plaintiff be required to pay the reasonable attorney's fees and costs incurred by the
Defendants for having to bring this Motion to Compel Production.
8. The Plaintiffs certifies that it has, in good faith, conferred or attempted to confer
with the Defendant in an effort to secure the information or material without Court action (See
Exhibit “C”).
FORE, the Defendant/Counterclaimant/Tenant, A&S ENTERTAINMENT, LLC,
respectfully requests this Honorable Court gram the foregoing Motion in all respects; to include
issuing an order compelling the Plaintiff/Counter Defendant/Landlord, CRSJ, INC., to provide or
' Phe Kozel factors the attorney's discbedience was willful, deliberate, or contumacious, rather than
an act of neglect or Inexperie: i r the attorney has been previously sanctioned; 3} whether the client was
her the delay prejudiced the opposing party through undue
5} whether the attorney offered reasonalsie justification for
nificant problems of judicial administration,
3
expense, i
noncompliance;otherwise responsive documents and other materials responsive to its Request for Production to
A&S ENTERTAINMENT, LLC or available for inspection and copying within the next ten (10)
days; an award of reasonable attorney's fees and costs to the Defendant/Counterclaimant/Tenant,
A&S ENTERTAINMENT, LLC for bringing forth this motion; and any other relief the courts
deems fair and just.
Dated: June 6", 2018.
Respectfully submitted,
GARCIA-MENOCAL & PEREZ, P.L.
Co-counsel for A&S ENTERTAINMENT,
LEC
4937 SW 74th Court, Unit #3
Miami, PL 33155
Tel: (05) 553-3464
Fax: (305) $53-3031
Primary Email: ajperezlaw@gmail.com
Secondary Email: agmlaw@belisouth. net
kturino_agmlaw@bellsouth net
By: 4/Anthony J. Perez
ANTHONY J. PEREZ
Florida Bar No.: 535451
ALFREDO GARCIA-MENOCAL
Florida Bar No, 533610CERTIFICATE OF SERVICE
It HEREBY CERTIFY that a true and correct copy of the foregoing was filed via the
Florida Courts E-filing Portal, pursuant to Fla. RB, Jud. Admin. 2.516, on this 6” day of June, 2018.
Respectfully submitted,
GARCIA-MENOCAL & PEREZ, P.L.
Co-counsel for A&S ENTERTAINMENT,
LLC
4937 SW 74th Court, Unit #3
Miami, FL 33155
Tek: (305) 553-3464
Fax: (305) 553-3031
Primary Email: ajpereziaw@gmail.com
Secondary Email: agmlaw@bellsouth net
kturino_agmlaw@bellsouth net
By: eZ
ANTHONY J, PEREZEXHIBIT “A”Filing # 70243018 E-Filed 04/04/2018 03:17:38 PM
IN THE COUNTY COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
Case No.: 2017-020761-CC-23
CRSI, INC.,
Plaintiff,
VS.
A&S ENTERTAINMENT, LLC,
Defendants.
/
DEFENDANTS REQUEST FOR PRODUCTION
Defendant, ARS ENTERTAINMENT, LLC (“A&S”), pursuant to Fla. R. Civ. P. 1.350,
requests that Plaintiff, CRSJ, Inc. (°CRSJ") produce and/or permit the inspection, copying, or
photographing at the undersigned attorney's office, the documents requested below, within 30
days of the date of this Request for Production.
i, DEFINITIONS
I. “You” means the CRSJ, and all of its agents, employees, shareholders, officers,
directors, and representatives.
2. “A&S” means A&S Entertainment, LLC and all of its agents, employees,
shareholders, officers, directors, and representatives.
3. “Premises” means the premises leased by A&S from you.
4. The term “document,” or “documents” as used in this request, shall refer to both
“documents” and “other tangible things” and shall include, without limitation, handwritten,
printed, computer-stored or generated, typed, drawn, photographed, phone, tape, video or
digitally recorded, originals all non-identical copies (carbon, photographic, digital, microfilm, or
otherwise) of all correspondence, memoranda, papers, agreements, contracts, affidavits,applications, reports, records or statements, including enclosures, confirmations, notes, diaries,
calendars, journals, messages, telecommunications, transcripts and memoranda of any telephone
conversations or personal meetings, mailgrams, books, ledgers, photographs, statistical or other
data compilations, computer printouts, diaries, electronic mail, electronic media (including but
not limited to computer data such as is contained on floppy disks, hard drives and backup tapes
and zip disks), summaries, advertisements, prospectuses, brochures, pamphlets, bulletins,
newspaper or periodical articles, recordings (tape, disk, digital, belt or any other type), checks,
receipts, notices, appointment books, lists, tabulations, and any other writings, however produced
or reproduced, including drafts, alterations, modifications, changes or amendments, or other
physical objects, which are in your possession, custody or control, or to which you have access,
or which could be located or discovered by reasonably diligent efforts.
5. “Communication” means any transmission or exchange of information between
two or more persons, orally or in writing, and includes, without limitation, any conversation or
discussion, whether face-to-face or by means of any telephone, telegraph, telecopier, electronic
or other media.
6. “Or” means both “or” and “and.”
7. “AU” includes the word “any” and “any” includes the word “all.”
8. “Each” includes the word “every” and “every” includes the word “each.”
9. The term “individual” shall mean any natural person.
iO. “Care,” “custody,” “control,” or “possession” shall mean any item held by you or
any of your representatives, however designated, including your attomeys.
lf The tern: “person” or “persons” shall include, but not be limited to, natural
persons, labor organizations, partnerships, associations, corporations, legal representatives,
batrusiees, trustees in bankruptcy, receivers, organizations, business entities, or any other form of
business, governmental, public, or charitable entity.
12. “Referring, relating to, or evidencing,” and “concerning” shall be construed in
their broadest sense and shall mean directly or indirectly describing, setting forth, discussing,
mentioning, commenting upon, supporting, contradicting, or referring to the subject or topic in
question, either in whole or in part.
13. This request to you for production of documents is intended to obtain information
not merely within your possession but obtainable by you including, but not limited to,
information in possession of your attorney, employees, investigators, insurance carriers and their
representatives.
14. Each request herein for a document or documents contemplates production
thereof in full, without abbreviation or expurgation, and calls for production of all copies that
have notes or other written material or markings not appearing on other copies.
is Identify the paragraph or paragraphs in response to which each document is
produced.
16. Identify the paragraph, if any, in response to which no documents will be
produced.
17. Identify each document produced in response to each request by the name of the
person from whose file the document was taken and the name of the file from which the
documents was taken
18. In the event you withhold any documents as privileged, provide a list of the
documents withheld and state the following information with respect to each document withheld:
(a) The date appearing on the document and, if it has no date, the date orapproximately the date on which it was prepared;
(b) The title, label, code number or file number of the document;
{c} The name and current address of the person who signed the document and,
if it was not signed, the name and current address of the person who prepared the
document;
(d) The name and current address of the person to whom the document
was directed and the person or persons to whom a copy of the document was directed;
(e} A general description of the subject matter to which the document relates;
rea) The name and current address of the person having present possession,
custody or control of the document; and
{g) The grounds on which the document is being withheld.
19. Produce forthwith, upon the discovery thereof, any documents obtained or located
subsequent to production which would have been produced had it been avatlable or its existence
known at the time this request was served.
20. Produce documents in the condition and order and arrangement in which they
existed when this request was served.
21. Unless otherwise noted, this document request is intended to cover the time
period between December 2011 to the present.
lll. DOCUMENTS
1. All documents evidencing or reflecting communications between you and A&S
related to the Premises.2. All documents evidencing or reflecting communications between you and any third
party (excluding your attorneys) regarding A&S.
3. All documents evidencing or reflecting communications between you and any third
party (excluding your attorneys) regarding the Premises.
4. To the extent not otherwise covered by the preceding items, all documents
evidencing or reflecting communications between you and Karen E. Lee regarding A&S and/or
the Premises.
5. All documents evidencing or relating to any agreements between you and A&S
(including, but not limited to, all lease agreements).
6, All documents relating to or evidencing receipt of funds from A&S, including, but
not limited to, receipts, copies of checks, bank statements reflecting deposits, logs, notes, etc.
7. All invoices issued to A&S.
8g All invoices created conceming A&S.
9. All back up for invoices created regarding A&S.
10. AH documents regarding insurance for the Premises, including, but not limited to,
documents evidencing payments thereof (including invoices and cancelled checks).
{1. All documents regarding or evidencing payments for real estate taxes for the
Premises.
12. All documents regarding or evidencing storm water payments for the Premises.
13. Your QuickBooks files relating to A&S in native format.
14, All documents regarding or evidencing payments for maintenance of the Premises.
waRespectfully submitted,
By: 8 Elias R. Hilal
Elias R. Hilal, Esq.
Florida Bar No. 60337
Elias R. Hilal, Esq.
Attomey for Defendant
Florida Bar Number: 60337
WILLIAMS HILAL WIGAND GRANDE, PLLC
§33 Southeast Third Avenue, Suite 301
Fort Lauderdale, Florida 33301
Telephone: (954) 463-2065
Fax: (954) 337-0117
E-Mail: Elias@whwlegal com
and
By: S.Juan C. Martines
duan C. Martinez, Esq.
Florida Bar No. 009024
Juan C. Martinez, Esq.
Florida Bar No.: 009024
GRAYROBINSON, P.A.
333 SE. 2nd Ave., Suite 3200
Miami, FL 33131
Telephone: (305) 416-6880
Facsimile: (305) 416-6887
juan. martinez@eray-robinson.com
ecianella@gray-robinson.com
and
By: /s/ Anthony J. Perez
Anthony J. Perez
Florida Bar No. 535451
GARCIA-MENOCAL & PEREZ, P.L.
4937 SW 74CT
Miami, FL 33172
Telephone: (305) 553-3464
Facsimile: (305) 553-3031
agmlaw(@bellsouth net
kturino agmlaw(@bellsouth net
6CERTIFICATE OF SERVICE
THEREBY CERTIFY that on this 4th day of April, 2018, 1 electronically filed the
foregoing document with the Clerk of Court using the Florida Courts E-Filing Portal. 1 also
certify that the foregoing document is being served this day on all counsel of record and
interested parties in the manner identified on the below Service List, via transmission generated
by the Florida Courts E-Filing Portal or by U.S. Mail, pursuant to Rule 2.516, Florida Rules of
Judicial Administration.
sJuan C. Martines
Juan C. Martinez, Esq.
Florida Bar No. 9024
Service List:
Melissa Groisman, Esq.
Eduardo 1. Rasco, Esq.EXHIBIT “B”Filing # 71881311 E-Filed 05/09/2018 11:07:20 AM
IN THE CIRCUIT COURT OF THE 117! JUDICIAL
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2018-012296-CA-O1
CRSI,INC.,
Plaintiff,
vs.
A&S ENTERTAINMENT, LLC,
Defendant.
PLAINTIFE’S RESPONSE TO REQUEST FOR PRODUCTION
Plaintiff, CRSJ, INC., by and through undersigned counsel, hereby serve its Response to
Defendant’s, A&S ENTERTAINMENT, LLC, Request for Production dated April 4, 2018, as
follows:
GENERAL OBJECTIONS
1. Plaintiff objects to the Request to the extent it attempts to impose obligations beyond
those provided by the Florida Rules of Civil Procedure, including but not limited to, the
extension of the scope of permissible discovery.
2. Plaintiff objects to the Request to the extent it seeks information that is protected by
the attomey-client or work product privilege or accountant-client privilege.
3. Plaintiff objects to the Request to the extent it seeks information that is within the
work-product exception to discovery.
4, Plaintiff objects to any instructions requiring it to identify and provide information
relating to records no longer in its possession because such an instruction imposes obligations
beyond those provided by the Florida Rules of Civil Procedure, including but not limited to,
gqrosenaga.2
Rosenthal Rosenthal Rascs LLC
‘One Aventura, 20900 N.E. 30 Avenue, Suite 600, Aventura, Florida 33180
305.937.0300 / Fax: 305.937.1311CASE NO: 2018-012296-CA-01
extension of the scope of permissible discovery.
5. Plaintiff objects to the definitions of “You” which includes “agents, employees,
shareholders, officers, directors, and representatives.” The below response(s) are those of CRSJ,
INC. and no other person or entity.
6. Plaintiff objects to the Request to the extent that the Defendant claims that the
production or identification of any documeni will constitute an admission by Plaintiff thet the
information contained in such document is accurate, or that such document is authentic or
admissible, nor shall production or identification of any document waive Plaintiff's sight to
object to the use of any such docurnent or the information contained therein during any
proceeding.
i, All documents evidencing or reflecting communications between you and A&S
related to the Premises,
Response: All documents responsive to this Request in the Plaintiff's
possession, custody or control will be made available for inspection and copying at a
mutually agreeable time and place.
2. All documents evidencing or reflecting communications between you and any third
party (excluding your attomeys) regarding A&S.
7, Response: All documents responsive to this Request in the Plaintiffs
possession, custody or control will be made available for inspection and eopying at a
mutually agreeable time and place.
gwoas7as8.3)
Rosenthal Rosenthal Rasce LLC
One Aventura, 20900 N.E. 30% Avenue, Suite 660, Aventura, Florida 33180
405.937.0300 / Fax: 305.937.1311CASE NO: 2018-012296-CA-O1
3. AH documents evidencing or reflecting communications between you and any third
party (excluding your attorneys) regarding the Premises.
Response: AR documents responsive to this Request in the Plaintiff's
possession, custedy or control will be made available for inspection and copying at a
mutually agreeable time and place.
4. To the extent not otherwise covered by the preceding items, all documents
evidencing or reflecting communications between you and Karen E. Lee regarding A&S and/or
the Premises.
Response: Objection. This Request secks information protected by the accountant-
client privilege.
5. A documents evidencing or relating to any agreements between you and A&S
Gncluding, but not limited to, all lease agreements),
Response: All documents responsive to this Request in the Plaintiff’s
possession, custody or control will be made available for inspection and copying at a
mutually agreeable time and place.
6. All documents relating to or evidencing receipt of funds from A&S, including, but
not limited to, receipts, copies of checks, bank statements reflecting deposits, logs, notes, ete.
Response: The amount of monies paid by Tenant to Landlord was stipulated to
and agreed upon by the parties at the Hearing on Motion to Determine Rent and therefore,
this Request is uot relevant to the claims and defenses at issue in the case at bar and made
solely for the purpose of harassing A&S. Furthermore, Tenant is already in possession of
{W048 7488,.3}
Rosenthal Resenthal Rasce LLC
One Aventura, 20900 NE. 30" Avenue, Suite 600, Aventura, Florida 33180
405.937.0300 / Fax: 305.937.1311CASE NO: 2018-012296-CA-01
Landlord's ledger of rents owed and received, which were provided in open Court to
Tenant’s counsel.
7, Allinvoivces issued to A&S,
Response: AU documents responsive to this
possession, custody or control will be made available for
mutually agreeable time and place.
8. All invoices created concerning A&S.
Response: All documents responsive to this
possession, custody or control will be made available for
mutually agreeable time and place.
9. All back up for invoices created regarding A&S.
Response: All documents responsive to this
Possession, custody or control will be made available for
mutually agreeable time and place.
Request in the Plaintiff's
inspection and copying at a
Request in the Plaintiff's
inspection and copying at a
Request in the Plaintiff's
inspection and copying at a
10. All documents regarding insurance for the Premises, including, but not limited to,
documents evidencing payments thereof (including invoices and cancelled checks).
Respogse: All documents responsive to this
possession, custody or control will be made available for
mutually agreeable time and place.
gwoas7498.2)
Rosenthal Rosenthal Rasce LLC
Request in the Plaintiff's
inspection and copying at a
One Aventura, 20900 NE. 30" Avenue, Suite 600, Aventura, Florida 33180
305.937.0300 / Fax: 305.937.1311CASE NO: 2018-012296-CA-01
11. Al documents regarding or evidencing payments for real estate taxes for the
Premises,
Response: All documents responsive to this Request in the Plaintiffs
possession, custedy or control will be made available for inspection and copying at a
mutually agreeable time and place.
12, All documents regarding or evidencing storm water payments for the Premises.
Response: All documents responsive to this Request in the Plaintiff's possession,
custody or control will be made available for inspection and copying af a mutually
agreeable time and place.
13. Your QuickBooks files relating to A&S in native format.
Response: Objection. The information sought in this Request is cunvulative to what
has already been produced. Tenant is already in possession of the QuickBooks files relating to
A&S, to wit: the invoices and ledger of rent owed and payments received.
14. All documents regarding or evidencing payments for maintenance of the Premises,
Response: All documents responsive to this Request in the Plaintiffs
possession, custody or contre! will be made available for inspection and copying at a
mutually agreeable time and place.
Doase7agn.2)
Rosenthal Rosenthal Rasce LLC
One Aventura, 20900 N.E. 30" Avenue, Suite 600, Aventura, Florida 33180
405.937.0300 / Fax: 305.937.1311CASE NO: 201 8-012296-CA-O1
CERTINICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this 8" day
of May, 2018 to ELIAS R. HILAL, ESQ., Williams Hilal Wigand Grande, PLLC, 633 SE 3rd
Aveme, Suite 201, Fort Lauderdale, Florida 33301 ~ elias whwieval.com and JUAN C.
MARTINEZ, ESQ. GrayRobinson, P_A., 333 SE 2nd Avenue, Suite 3200, Miami, FL 33131 —
ROSENTHAL ROSENTHAL RASCO LLC
Attorney for Plaintiff
One Aventura — Suite 600
20900 NE. 30th Ave.
Aventura, FL. 33180
Tel. 305-937-0300
Fax. 305-937-1311
EDUARDO TE RASCO
FLORIDA BAR NO, 646326
MELISSA GROISMAN, ESQ.
FLORIDA. BAR NO. 46131
(weoserzee.21
Rosenthal Rosenthal Raseo LLC
One Aventura, 20900 N.E. 30% Avenue, Suite 600, Aventura, Florida 33180
305.937.0306 / Fax: 305.937.1311EXHIBIT “C”From: Elias Hilal [mailto:elias@whwlegal.com]}
Sent: Friday, May 18, 2018 9:22 AM
To: Anthony Perez
Subject: FW: Third request Re: SERVICE OF COURT DOCUMENT CASE NUMBER 132018CA012296000001
CRSJine vs A & § Enterainment {LLC}
See below.
Elias R. Hilal
Williams Hilal Wigand Grande, PLLC
633 Southeast Third Avenue, Suite 301
Fort Lauderdale, Florida 33301
Tel: 954.463.2065
‘ax: 954.337.0117
Date: Thursday, May 3
To: Melissa Groisman
€c: Eduardo Rasco , Chantelle M <¢
, Candice Hawkins
Subject: Re: Third request Ri VICE OF COURT DOCUMENT CASE NUMBER
132018CA012296000001 CRS Fine vs A & S Enterainment {LLC}
mp, Juan Martinez
Why the hold up? Your response said they are ready for pick up.
Elias R Hilal
On May 17, 2048, at 5:32 PM, Melissa Groisman wrote:
We will have them available for inspection on Tuesday next week. My paralegal Candice can
coordinate.
Sent frarn my iPhone
On May 17, 2018, at 5:29 PM, Elias Hilal wrote:
Melissa,
Jam following up on our emails from below. When can we receive the documents ?
Etias & Hilal
On May 16, 2018, at 5:44 PM, Elias Hilal
s@whwiegal.com> wrote:
Melissa,{am following up on our email from yesterday. When can we pick up the documents?
Elias R Hilal
On May 14, 2018, at 2:20 PM, Elias Hilal wrote:
Melissa,
When can | send someone over to pick up the decurnents?
Thank you,
Elias R. Hilal
Williams Hilal Wigand Grande, PLLC
633 Southeast Third Avenue, Suite 301
Fort Lauderdale, Florida 33301
Tel: 954.463.2065
Fax: 954.337.0117
From: “eservice@myficourtaccess.corm”
Date: Wednesday, May 9, 2018 at 11:07 AM
Subject: SERVICE OF COURT DOCUMENT CASE NUMBER 132018CA012296000001 C RS J inc vs
A &S Enterainment (LLC)
Notice of Service of Court Documents
Filing Information
Filing #: 74881314
Filing Time: 05/09/2018 11:07:20 AM ET
Filer: Eduardo | Raseo 305-937-0300
Court: Eleventh Judicial Circuit in and for Miami-Dade County, Florida
Case #: 132018CA012296000001
Court Case #: 2018-012296-CA-01
Case Style: CAS J inc vs A& S Enterainment (LLC}
Documents
Preview
Filing # 73267303 E-Filed 06/07/2018 06:41:47 PM IN THE CIRCUIT COURT OF THE 11TH FUDICIAL CIRCUIT, IN AND FOR MIAMI DADE COUNTY, FLORIDA CRSJ,INC., CIVIL DIVISION Plaintiff, v. CASE NO.: 2018-012296 CA 01 A&S ENTERTAINMENT, LLC, Defendanis. DEFENDANT, DEFENDANT/COUNTER PLAINTIFF, A&S ENTERTAINMENT, LUC'S, SECOND MOTION TO COMPEL BETTER RESPONSES TO REQUEST FOR PRODUCTION AND FOR SANCTIONS COMES NOW the Defendant/Counter Plaintiff, A&S ENTERTAINMENT, LLC, by and through the undersigned counsel, and moves this Court for entry of an Order pursuant to Rule 1.38Q{a) of the Florida Rules of Civil Procedure, compelling the Defendant, CRSJ, INC., to comply with an outstanding discovery request in this cause within ten (10) days and as grounds thereof, states as follows: 1. On April 4", 2018, the Defendant served the attached Request for Production upon the Defendant (See Request for Production attached hereto as Exhibit “A”. 2. On May 9", 2018, the Plaintiff responded to the Request for Production with amounts to questionable objections, to include a privilege objection involving the Plaintiff/Counter Defendant’s accountant, (See Response to Request for Production attached hereto as Exhibit “B”} which was late and has been nonresponsive as to attempts to review and copy responsive documents that are related to both the case in general (See E-mails attached hereto as Exhibit “C”) and the Motion that has been set by this Court for May 23", 2018. 3. On May 21", 2018, the Defendant/Counter Plaintiff, A&S ENTERTAINMENT, LLC, filed an Emergency Motion to Disperse Funds from Escrow and Amend Court Order set forMay 23°, 2018 at 11:00a.m., and Defendant’s Motion to Compel Production in this matter. CRSJ, INC, never responded and has yet to amend its production or make said production otherwise available for inspection and copying. 3. Furthermore, the Plaintiff has waived any and all objections because it filed its response late and has yet to allow for the inspection and copying of responsive materials not included in the production. 4. The Request for Production asked for many documents dispositive to the case as a while and in regards to CRSJ’s assertion both in its Motion during oral argument at the May 23°, 2018, hearing that it was in or going into foreclosure without any disbursement of the rent fiumds held in the Court’s Registry, More specifically, bank records and records involving the Plaintiff, CRSPs, mortgage holder/lender were reflected and none were included in the untimely production. 5. Defendant cannot adequately defend this case and prepare it for trial without the discovery requested and in fact, the Defendant is entitled to the discovery fairly and timely requested pursuant to Florida Rules of Civil Procedure 1.350. Furthermore, the Plaintif{/Counter Defendant, CRSJ, has waived its objections because it filed its response late, has yet to allow for the inspection and copying of responsive materials, and has yet to provide response materials involving its bank records and mortgage lender records. 6. If a party upon whom discovery is sought objects to the mature or substance of discovery, FRCP 1.280(c) allows that party to seek protection from the Court through a Motion for Protective Order. This has not been done, nor has there been a privity log filed by CRCJ as of the filing of this Motion. Pursuit of such a Motion and Order is the proper means for objecting to allegedly-objectionable discovery. Unilaterally and arbitrarily preventing such discovery from Bodtaking place, such as was done by CRSJ, INC., via its counsel in this matter, is not permissible under law. Guzman v. Cheney Brothers, 2011 WL 10923604 6. The Plaintiff's conduct belies his obvious belief that he commands the Court and not the other way round, that it may choose when to (or not) obey relevant rules of this Court, that it may cavalierly ignore not only the rules of discovery. Fla.R.Civ.P. 1.380(a)(4) allows for recovery of discovery expenses, inclusive of attorney's fees, where a Motion becomes necessary to compel a deposition or related discovery. Similarly, Fla.R.Civ.P. 1.380(d) permits a Court to impose sanctions in the form of dismissal of claims and striking of pleadings where a party, without proper legal justification and without following proper procedural protocol, unduly obstructs legitimate discovery and prevents same from taking place. See Kozel v. Ostendorf, 629 S0.817, la. 1993), 3. Defendant further moves, pursuant to Florida Rule of Civil Procedure 1.380(a)(4) that the Plaintiff be required to pay the reasonable attorney's fees and costs incurred by the Defendants for having to bring this Motion to Compel Production. 8. The Plaintiffs certifies that it has, in good faith, conferred or attempted to confer with the Defendant in an effort to secure the information or material without Court action (See Exhibit “C”). FORE, the Defendant/Counterclaimant/Tenant, A&S ENTERTAINMENT, LLC, respectfully requests this Honorable Court gram the foregoing Motion in all respects; to include issuing an order compelling the Plaintiff/Counter Defendant/Landlord, CRSJ, INC., to provide or ' Phe Kozel factors the attorney's discbedience was willful, deliberate, or contumacious, rather than an act of neglect or Inexperie: i r the attorney has been previously sanctioned; 3} whether the client was her the delay prejudiced the opposing party through undue 5} whether the attorney offered reasonalsie justification for nificant problems of judicial administration, 3 expense, i noncompliance;otherwise responsive documents and other materials responsive to its Request for Production to A&S ENTERTAINMENT, LLC or available for inspection and copying within the next ten (10) days; an award of reasonable attorney's fees and costs to the Defendant/Counterclaimant/Tenant, A&S ENTERTAINMENT, LLC for bringing forth this motion; and any other relief the courts deems fair and just. Dated: June 6", 2018. Respectfully submitted, GARCIA-MENOCAL & PEREZ, P.L. Co-counsel for A&S ENTERTAINMENT, LEC 4937 SW 74th Court, Unit #3 Miami, PL 33155 Tel: (05) 553-3464 Fax: (305) $53-3031 Primary Email: ajperezlaw@gmail.com Secondary Email: agmlaw@belisouth. net kturino_agmlaw@bellsouth net By: 4/Anthony J. Perez ANTHONY J. PEREZ Florida Bar No.: 535451 ALFREDO GARCIA-MENOCAL Florida Bar No, 533610CERTIFICATE OF SERVICE It HEREBY CERTIFY that a true and correct copy of the foregoing was filed via the Florida Courts E-filing Portal, pursuant to Fla. RB, Jud. Admin. 2.516, on this 6” day of June, 2018. Respectfully submitted, GARCIA-MENOCAL & PEREZ, P.L. Co-counsel for A&S ENTERTAINMENT, LLC 4937 SW 74th Court, Unit #3 Miami, FL 33155 Tek: (305) 553-3464 Fax: (305) 553-3031 Primary Email: ajpereziaw@gmail.com Secondary Email: agmlaw@bellsouth net kturino_agmlaw@bellsouth net By: eZ ANTHONY J, PEREZEXHIBIT “A”Filing # 70243018 E-Filed 04/04/2018 03:17:38 PM IN THE COUNTY COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA Case No.: 2017-020761-CC-23 CRSI, INC., Plaintiff, VS. A&S ENTERTAINMENT, LLC, Defendants. / DEFENDANTS REQUEST FOR PRODUCTION Defendant, ARS ENTERTAINMENT, LLC (“A&S”), pursuant to Fla. R. Civ. P. 1.350, requests that Plaintiff, CRSJ, Inc. (°CRSJ") produce and/or permit the inspection, copying, or photographing at the undersigned attorney's office, the documents requested below, within 30 days of the date of this Request for Production. i, DEFINITIONS I. “You” means the CRSJ, and all of its agents, employees, shareholders, officers, directors, and representatives. 2. “A&S” means A&S Entertainment, LLC and all of its agents, employees, shareholders, officers, directors, and representatives. 3. “Premises” means the premises leased by A&S from you. 4. The term “document,” or “documents” as used in this request, shall refer to both “documents” and “other tangible things” and shall include, without limitation, handwritten, printed, computer-stored or generated, typed, drawn, photographed, phone, tape, video or digitally recorded, originals all non-identical copies (carbon, photographic, digital, microfilm, or otherwise) of all correspondence, memoranda, papers, agreements, contracts, affidavits,applications, reports, records or statements, including enclosures, confirmations, notes, diaries, calendars, journals, messages, telecommunications, transcripts and memoranda of any telephone conversations or personal meetings, mailgrams, books, ledgers, photographs, statistical or other data compilations, computer printouts, diaries, electronic mail, electronic media (including but not limited to computer data such as is contained on floppy disks, hard drives and backup tapes and zip disks), summaries, advertisements, prospectuses, brochures, pamphlets, bulletins, newspaper or periodical articles, recordings (tape, disk, digital, belt or any other type), checks, receipts, notices, appointment books, lists, tabulations, and any other writings, however produced or reproduced, including drafts, alterations, modifications, changes or amendments, or other physical objects, which are in your possession, custody or control, or to which you have access, or which could be located or discovered by reasonably diligent efforts. 5. “Communication” means any transmission or exchange of information between two or more persons, orally or in writing, and includes, without limitation, any conversation or discussion, whether face-to-face or by means of any telephone, telegraph, telecopier, electronic or other media. 6. “Or” means both “or” and “and.” 7. “AU” includes the word “any” and “any” includes the word “all.” 8. “Each” includes the word “every” and “every” includes the word “each.” 9. The term “individual” shall mean any natural person. iO. “Care,” “custody,” “control,” or “possession” shall mean any item held by you or any of your representatives, however designated, including your attomeys. lf The tern: “person” or “persons” shall include, but not be limited to, natural persons, labor organizations, partnerships, associations, corporations, legal representatives, batrusiees, trustees in bankruptcy, receivers, organizations, business entities, or any other form of business, governmental, public, or charitable entity. 12. “Referring, relating to, or evidencing,” and “concerning” shall be construed in their broadest sense and shall mean directly or indirectly describing, setting forth, discussing, mentioning, commenting upon, supporting, contradicting, or referring to the subject or topic in question, either in whole or in part. 13. This request to you for production of documents is intended to obtain information not merely within your possession but obtainable by you including, but not limited to, information in possession of your attorney, employees, investigators, insurance carriers and their representatives. 14. Each request herein for a document or documents contemplates production thereof in full, without abbreviation or expurgation, and calls for production of all copies that have notes or other written material or markings not appearing on other copies. is Identify the paragraph or paragraphs in response to which each document is produced. 16. Identify the paragraph, if any, in response to which no documents will be produced. 17. Identify each document produced in response to each request by the name of the person from whose file the document was taken and the name of the file from which the documents was taken 18. In the event you withhold any documents as privileged, provide a list of the documents withheld and state the following information with respect to each document withheld: (a) The date appearing on the document and, if it has no date, the date orapproximately the date on which it was prepared; (b) The title, label, code number or file number of the document; {c} The name and current address of the person who signed the document and, if it was not signed, the name and current address of the person who prepared the document; (d) The name and current address of the person to whom the document was directed and the person or persons to whom a copy of the document was directed; (e} A general description of the subject matter to which the document relates; rea) The name and current address of the person having present possession, custody or control of the document; and {g) The grounds on which the document is being withheld. 19. Produce forthwith, upon the discovery thereof, any documents obtained or located subsequent to production which would have been produced had it been avatlable or its existence known at the time this request was served. 20. Produce documents in the condition and order and arrangement in which they existed when this request was served. 21. Unless otherwise noted, this document request is intended to cover the time period between December 2011 to the present. lll. DOCUMENTS 1. All documents evidencing or reflecting communications between you and A&S related to the Premises.2. All documents evidencing or reflecting communications between you and any third party (excluding your attorneys) regarding A&S. 3. All documents evidencing or reflecting communications between you and any third party (excluding your attorneys) regarding the Premises. 4. To the extent not otherwise covered by the preceding items, all documents evidencing or reflecting communications between you and Karen E. Lee regarding A&S and/or the Premises. 5. All documents evidencing or relating to any agreements between you and A&S (including, but not limited to, all lease agreements). 6, All documents relating to or evidencing receipt of funds from A&S, including, but not limited to, receipts, copies of checks, bank statements reflecting deposits, logs, notes, etc. 7. All invoices issued to A&S. 8g All invoices created conceming A&S. 9. All back up for invoices created regarding A&S. 10. AH documents regarding insurance for the Premises, including, but not limited to, documents evidencing payments thereof (including invoices and cancelled checks). {1. All documents regarding or evidencing payments for real estate taxes for the Premises. 12. All documents regarding or evidencing storm water payments for the Premises. 13. Your QuickBooks files relating to A&S in native format. 14, All documents regarding or evidencing payments for maintenance of the Premises. waRespectfully submitted, By: 8 Elias R. Hilal Elias R. Hilal, Esq. Florida Bar No. 60337 Elias R. Hilal, Esq. Attomey for Defendant Florida Bar Number: 60337 WILLIAMS HILAL WIGAND GRANDE, PLLC §33 Southeast Third Avenue, Suite 301 Fort Lauderdale, Florida 33301 Telephone: (954) 463-2065 Fax: (954) 337-0117 E-Mail: Elias@whwlegal com and By: S.Juan C. Martines duan C. Martinez, Esq. Florida Bar No. 009024 Juan C. Martinez, Esq. Florida Bar No.: 009024 GRAYROBINSON, P.A. 333 SE. 2nd Ave., Suite 3200 Miami, FL 33131 Telephone: (305) 416-6880 Facsimile: (305) 416-6887 juan. martinez@eray-robinson.com ecianella@gray-robinson.com and By: /s/ Anthony J. Perez Anthony J. Perez Florida Bar No. 535451 GARCIA-MENOCAL & PEREZ, P.L. 4937 SW 74CT Miami, FL 33172 Telephone: (305) 553-3464 Facsimile: (305) 553-3031 agmlaw(@bellsouth net kturino agmlaw(@bellsouth net 6CERTIFICATE OF SERVICE THEREBY CERTIFY that on this 4th day of April, 2018, 1 electronically filed the foregoing document with the Clerk of Court using the Florida Courts E-Filing Portal. 1 also certify that the foregoing document is being served this day on all counsel of record and interested parties in the manner identified on the below Service List, via transmission generated by the Florida Courts E-Filing Portal or by U.S. Mail, pursuant to Rule 2.516, Florida Rules of Judicial Administration. sJuan C. Martines Juan C. Martinez, Esq. Florida Bar No. 9024 Service List: Melissa Groisman, Esq. Eduardo 1. Rasco, Esq.EXHIBIT “B”Filing # 71881311 E-Filed 05/09/2018 11:07:20 AM IN THE CIRCUIT COURT OF THE 117! JUDICIAL IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2018-012296-CA-O1 CRSI,INC., Plaintiff, vs. A&S ENTERTAINMENT, LLC, Defendant. PLAINTIFE’S RESPONSE TO REQUEST FOR PRODUCTION Plaintiff, CRSJ, INC., by and through undersigned counsel, hereby serve its Response to Defendant’s, A&S ENTERTAINMENT, LLC, Request for Production dated April 4, 2018, as follows: GENERAL OBJECTIONS 1. Plaintiff objects to the Request to the extent it attempts to impose obligations beyond those provided by the Florida Rules of Civil Procedure, including but not limited to, the extension of the scope of permissible discovery. 2. Plaintiff objects to the Request to the extent it seeks information that is protected by the attomey-client or work product privilege or accountant-client privilege. 3. Plaintiff objects to the Request to the extent it seeks information that is within the work-product exception to discovery. 4, Plaintiff objects to any instructions requiring it to identify and provide information relating to records no longer in its possession because such an instruction imposes obligations beyond those provided by the Florida Rules of Civil Procedure, including but not limited to, gqrosenaga.2 Rosenthal Rosenthal Rascs LLC ‘One Aventura, 20900 N.E. 30 Avenue, Suite 600, Aventura, Florida 33180 305.937.0300 / Fax: 305.937.1311CASE NO: 2018-012296-CA-01 extension of the scope of permissible discovery. 5. Plaintiff objects to the definitions of “You” which includes “agents, employees, shareholders, officers, directors, and representatives.” The below response(s) are those of CRSJ, INC. and no other person or entity. 6. Plaintiff objects to the Request to the extent that the Defendant claims that the production or identification of any documeni will constitute an admission by Plaintiff thet the information contained in such document is accurate, or that such document is authentic or admissible, nor shall production or identification of any document waive Plaintiff's sight to object to the use of any such docurnent or the information contained therein during any proceeding. i, All documents evidencing or reflecting communications between you and A&S related to the Premises, Response: All documents responsive to this Request in the Plaintiff's possession, custody or control will be made available for inspection and copying at a mutually agreeable time and place. 2. All documents evidencing or reflecting communications between you and any third party (excluding your attomeys) regarding A&S. 7, Response: All documents responsive to this Request in the Plaintiffs possession, custody or control will be made available for inspection and eopying at a mutually agreeable time and place. gwoas7as8.3) Rosenthal Rosenthal Rasce LLC One Aventura, 20900 N.E. 30% Avenue, Suite 660, Aventura, Florida 33180 405.937.0300 / Fax: 305.937.1311CASE NO: 2018-012296-CA-O1 3. AH documents evidencing or reflecting communications between you and any third party (excluding your attorneys) regarding the Premises. Response: AR documents responsive to this Request in the Plaintiff's possession, custedy or control will be made available for inspection and copying at a mutually agreeable time and place. 4. To the extent not otherwise covered by the preceding items, all documents evidencing or reflecting communications between you and Karen E. Lee regarding A&S and/or the Premises. Response: Objection. This Request secks information protected by the accountant- client privilege. 5. A documents evidencing or relating to any agreements between you and A&S Gncluding, but not limited to, all lease agreements), Response: All documents responsive to this Request in the Plaintiff’s possession, custody or control will be made available for inspection and copying at a mutually agreeable time and place. 6. All documents relating to or evidencing receipt of funds from A&S, including, but not limited to, receipts, copies of checks, bank statements reflecting deposits, logs, notes, ete. Response: The amount of monies paid by Tenant to Landlord was stipulated to and agreed upon by the parties at the Hearing on Motion to Determine Rent and therefore, this Request is uot relevant to the claims and defenses at issue in the case at bar and made solely for the purpose of harassing A&S. Furthermore, Tenant is already in possession of {W048 7488,.3} Rosenthal Resenthal Rasce LLC One Aventura, 20900 NE. 30" Avenue, Suite 600, Aventura, Florida 33180 405.937.0300 / Fax: 305.937.1311CASE NO: 2018-012296-CA-01 Landlord's ledger of rents owed and received, which were provided in open Court to Tenant’s counsel. 7, Allinvoivces issued to A&S, Response: AU documents responsive to this possession, custody or control will be made available for mutually agreeable time and place. 8. All invoices created concerning A&S. Response: All documents responsive to this possession, custody or control will be made available for mutually agreeable time and place. 9. All back up for invoices created regarding A&S. Response: All documents responsive to this Possession, custody or control will be made available for mutually agreeable time and place. Request in the Plaintiff's inspection and copying at a Request in the Plaintiff's inspection and copying at a Request in the Plaintiff's inspection and copying at a 10. All documents regarding insurance for the Premises, including, but not limited to, documents evidencing payments thereof (including invoices and cancelled checks). Respogse: All documents responsive to this possession, custody or control will be made available for mutually agreeable time and place. gwoas7498.2) Rosenthal Rosenthal Rasce LLC Request in the Plaintiff's inspection and copying at a One Aventura, 20900 NE. 30" Avenue, Suite 600, Aventura, Florida 33180 305.937.0300 / Fax: 305.937.1311CASE NO: 2018-012296-CA-01 11. Al documents regarding or evidencing payments for real estate taxes for the Premises, Response: All documents responsive to this Request in the Plaintiffs possession, custedy or control will be made available for inspection and copying at a mutually agreeable time and place. 12, All documents regarding or evidencing storm water payments for the Premises. Response: All documents responsive to this Request in the Plaintiff's possession, custody or control will be made available for inspection and copying af a mutually agreeable time and place. 13. Your QuickBooks files relating to A&S in native format. Response: Objection. The information sought in this Request is cunvulative to what has already been produced. Tenant is already in possession of the QuickBooks files relating to A&S, to wit: the invoices and ledger of rent owed and payments received. 14. All documents regarding or evidencing payments for maintenance of the Premises, Response: All documents responsive to this Request in the Plaintiffs possession, custody or contre! will be made available for inspection and copying at a mutually agreeable time and place. Doase7agn.2) Rosenthal Rosenthal Rasce LLC One Aventura, 20900 N.E. 30" Avenue, Suite 600, Aventura, Florida 33180 405.937.0300 / Fax: 305.937.1311CASE NO: 201 8-012296-CA-O1 CERTINICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this 8" day of May, 2018 to ELIAS R. HILAL, ESQ., Williams Hilal Wigand Grande, PLLC, 633 SE 3rd Aveme, Suite 201, Fort Lauderdale, Florida 33301 ~ elias whwieval.com and JUAN C. MARTINEZ, ESQ. GrayRobinson, P_A., 333 SE 2nd Avenue, Suite 3200, Miami, FL 33131 — ROSENTHAL ROSENTHAL RASCO LLC Attorney for Plaintiff One Aventura — Suite 600 20900 NE. 30th Ave. Aventura, FL. 33180 Tel. 305-937-0300 Fax. 305-937-1311 EDUARDO TE RASCO FLORIDA BAR NO, 646326 MELISSA GROISMAN, ESQ. FLORIDA. BAR NO. 46131 (weoserzee.21 Rosenthal Rosenthal Raseo LLC One Aventura, 20900 N.E. 30% Avenue, Suite 600, Aventura, Florida 33180 305.937.0306 / Fax: 305.937.1311EXHIBIT “C”From: Elias Hilal [mailto:elias@whwlegal.com]} Sent: Friday, May 18, 2018 9:22 AM To: Anthony Perez Subject: FW: Third request Re: SERVICE OF COURT DOCUMENT CASE NUMBER 132018CA012296000001 CRSJine vs A & § Enterainment {LLC} See below. Elias R. Hilal Williams Hilal Wigand Grande, PLLC 633 Southeast Third Avenue, Suite 301 Fort Lauderdale, Florida 33301 Tel: 954.463.2065 ‘ax: 954.337.0117 Date: Thursday, May 3 To: Melissa Groisman €c: Eduardo Rasco , Chantelle M <¢ , Candice Hawkins Subject: Re: Third request Ri VICE OF COURT DOCUMENT CASE NUMBER 132018CA012296000001 CRS Fine vs A & S Enterainment {LLC} mp, Juan Martinez Why the hold up? Your response said they are ready for pick up. Elias R Hilal On May 17, 2048, at 5:32 PM, Melissa Groisman wrote: We will have them available for inspection on Tuesday next week. My paralegal Candice can coordinate. Sent frarn my iPhone On May 17, 2018, at 5:29 PM, Elias Hilal wrote: Melissa, Jam following up on our emails from below. When can we receive the documents ? Etias & Hilal On May 16, 2018, at 5:44 PM, Elias Hilal s@whwiegal.com> wrote: Melissa,{am following up on our email from yesterday. When can we pick up the documents? Elias R Hilal On May 14, 2018, at 2:20 PM, Elias Hilal wrote: Melissa, When can | send someone over to pick up the decurnents? Thank you, Elias R. Hilal Williams Hilal Wigand Grande, PLLC 633 Southeast Third Avenue, Suite 301 Fort Lauderdale, Florida 33301 Tel: 954.463.2065 Fax: 954.337.0117 From: “eservice@myficourtaccess.corm” Date: Wednesday, May 9, 2018 at 11:07 AM Subject: SERVICE OF COURT DOCUMENT CASE NUMBER 132018CA012296000001 C RS J inc vs A &S Enterainment (LLC) Notice of Service of Court Documents Filing Information Filing #: 74881314 Filing Time: 05/09/2018 11:07:20 AM ET Filer: Eduardo | Raseo 305-937-0300 Court: Eleventh Judicial Circuit in and for Miami-Dade County, Florida Case #: 132018CA012296000001 Court Case #: 2018-012296-CA-01 Case Style: CAS J inc vs A& S Enterainment (LLC} Documents