Preview
Case Number: COCE-14-015353 Division: 54
Filing # 17167735 Electronically Filed 08/15/2014 04:24:59 PM
IN THE COUNTY COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO.:
LYSANDER HENDRICKS,
Plaintiff,
vs.
GREEN TREE SERVICING, LLC,
Defendant.
/
PLAINTIFFS' FIRST REQUEST
FOR PRODUCTION OF DOCUMENTS
COME NOW, the Plaintiffs, LYSANDER HENDRICKS, by and through undersigned
counsel, and pursuant to Florida Rules of Civil Procedure 1.350, and request Defendant, GREEN
TREE SERVICING, LLC, to produce for inspection and copying at the offices of the
undersigned attorney the documents set forth below on or before the thirtieth (30th) day after
service of this Request For Production of Documents.
I. DEFINITIONS OF TERMS
1. The term "you" or "your" Defendant GREEN TREE SERVICING, LLC
[“GREENTREE”], the party or parties to which this request is addressed, including attorneys and
all other persons acting or purporting to act on behalf of the party or parties, including employees,
agents, contractors and servants.
2. “Debtor/ Plaintiffs” means LYSANDER HENDRICKS.
3. The term "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.
4. The term "document" means any written or graphic matter and 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 different from the original
by reason of any notation made on such copy or otherwise, including but not limited to,
correspondence, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins,
meetings or other communications, inter-office and intra-office telephone calls, diaries,
chronological data, minutes, books, reports, studies, summaries, pamphlets, bulletins, printed
FD-2985
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/15/2014 4:24:56 PM.****matter, charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, prospectuses,
financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts,
statistics, surveys, magazine or newspaper articles, releases, graphic or aural records or
representations of any kind (including without limitation, photographs, microfiche, microfilm,
videotape, records and motion pictures) and electronic, mechanical or electric records or
representations of any kind (including without limitation, tapes, cassettes, discs and records).
5. The term "all documents" means every document or group or documents as above
defined that are known to you or that can be located or discovered by reasonably diligent efforts.
6. The term "communication(s)" means every manner or means of disclosure, transfer
or exchange of information, whether in person, by telephone, mail, personal delivery or otherwise.
7. The word “each” shall be construed to include the word “every”, and the word
“every” shall be construed to include the word “each”
8. As used herein, the singular shall include the plural, the plural shall include the
singular, and the masculine, feminine and neither shall include each of the genders.
9. The word “and” shall be construed to include the word “or”, and the word “or” shall
be construed to include the word “and”.
10. The word “each” shall be construed to include the word “every”, and the word
“every” shall be construed to include the word “each”
ll. The term "representative" refers to any employee, agent, attorney or accountant.
12. The term "identify" when used in connection with a natural person means to set forth
the full name, title, present business address and present business affiliation of said person.
13. The term "identify" when used in connection with a person which is a
proprietorship, partnership, corporation, or other organization means to set forth the full name and
present business address of that dealership, proprietorship, partnership, corporation, or other
organization.
14. The term "identify" when used with reference to a document means to state the date
and author (and, if different, the signer or signers), the addresses of the author(s), signer(s), or any
individual(s) receiving copies, the type of document (e.g., letter, memorandum, chart), and its
present or last known location or custodian.
15. The term "identify" when used with reference to an agreement, contract,
understanding or communication means, in addition to Definition 10 above: (a) to state whether it
was written or oral, to identify the parties thereto, the place where it was made or occurred, and the
date or dates thereof; (b) to identify the parties thereto, the place where it was made or occurred, and
the date or dates thereof; (c) to identify the persons who negotiated or had any role in suggesting,
framing or drafting the terms of the agreement, contract or understanding or who participated
therein; and (d) to state the substance of the communication, agreement, contract or understanding.
16. The term "identify" when used with reference to a meeting, incident, occurrence or
conversation means to state its date, place and subjects covered, to identify its participants and to
identify all documents reporting upon or otherwise recording or referring to anything that transpired
at such meetings.
17. The term “the transaction” or “the transactions” or “account” or “accounts” when
used herein without qualifications means the transactions and accounts between and among the
Plaintiffs and the named defendants in all related activities and agents or assigns of either party.
18. The term “relating to” or “relates to” means regarding, reflecting, discussing,
describing, containing, identifying, analyzing, studying, reporting, commenting, evidencing,
constituting, revealing, setting forth, considering, recommending, questioning, disputing contesting,
FD-2985correcting, construing, mentioning, associated with, referring to, alluding to, or pertaining to, in
whole or in part.
19. "Mortgage" means the deed of trust or security document securing the promissory
note, and signed by Debtor/ Plaintiffs.
20. The term "Complaint" means the Complaint or Amended Complaint in the
above-captioned action.
I. INSTRUCTIONS
1. Unless otherwise specified, each production request includes the period of time from
January 2004 through the date that the documents responsive to this request are produced by
Defendant.
2. Each of the following requests is continuing, and in the event that at any later date
you obtain or discover any additional document responsive to any request, you shall submit such
document promptly.
3. If an objection is made to any request herein, all documents covered by the request
not subject to the objection should be produced. Similarly, if an objection is made to production of
a document, the portion(s) of that document not subject to objection should be produced with the
portion(s) objected to deleted and indicated clearly.
4, Each document is to be produced in its entirety even if only a portion of the
document is related to the identified subject matter and without abbreviation, editing, or expurgation
and including all appendices, tables, or other attachments. If an appendix, table, or other attachment
is not presented with the original but is attached to a copy thereof or is otherwise available, it should
be submitted and clearly marked to indicate the document to which it corresponds. With the
exception of privileged material, no document or portion thereof should be masked or deleted in any
manner. To the extent possible, documents should be produced in the same order and arrangement
as in the file form which they are taken.
5. Unless otherwise requested, in lieu of producing original documents, you may
produce photocopies, provided that you shall retain the original documents and produce them to the
Plaintiffs upon request. Further, copies of original documents may be submitted in lieu of originals
only if they are true, correct, and complete copies of the original documents, and their submission
constitutes a waiver of any claim as to the authenticity of the copy should it be necessary to
introduce such copy into evidence in any legal proceeding. Please provide color copies of any
document originally produced in color or containing type, writing, or other marks in any color other
than black.
6. Documents that may be responsive to more than one request need not be submitted
more than once; however, such documents should be so identified.
7. All headings herein are included only for organization purposes and should not be
construed as being part of any request, or as limiting any request in any manner.
8. When producing the documents, please keep all documents segregated by the file in
which the documents are contained and indicate the name of the file in which the documents are
contained and the name of the documents being produced.
9. When producing the required documents, please produce all other documents that
are clipped, stapled or otherwise attached to any requested document.
10. In the event such file(s) or documents(s) has (have) been removed, either for the
purpose of this action or for some other purpose, please state the name and address of the person
FD-2985who removed the file, the title of the file and each sub-file, if any, maintained within the file, and the
present location of the file.
ll. Tf you choose to withhold from production for inspection and copying on the ground
of privilege or the like, it is requested that you provide the following information: date, type of
document, author, addressee or recipient, present location, custodian, number of pages, general
description, privilege claimed, and any other pertinent information.
IU. PRIVILEGE
If any document would be required to be produced in response to any request except for the
fact that a privilege against production is claimed, set forth for each such document:
1. Its date, title, type of document (memorandum, letter, etc.), and length;
2. Its waiver, preparer, sender, addressee, recipient and copyee;
3. A general description of its subject matter (without revealing the information as to
which privilege is claimed);
4, The exact grounds upon which the objection to production is based;
5. The identity of all persons, in addition to those identified as required by section 2,
supra, known to you who have seen or had access to the document;
6. The identity of the person now in possession of the document.
IV. DOCUMENTS NO LONGER IN EXISTENCE OR NO
LONGER UNDER POSSESSION, CUSTODY OR CONTROL
If any document, requested herein was at one time in existence and under Defendant's
possession, custody or control but has been lost, discarded or destroyed or has been removed from
Defendant's possession, custody or control, with respect to each such document:
1. Identify and describe such document by date, title and type of document;
2. State when each such document was most recently in the possession or subject to the
control of Defendant and what disposition was made of such document, including an identification
of the person, if any, presently in possession or control of such document;
3. State when such document was transferred or destroyed, identify the person who
transferred or destroyed such document and the persons who authorized or directed that the
document be transferred or destroyed or having knowledge of its transfer or destruction and state the
reason such document was transferred or destroyed; and
4, Identify all persons having knowledge of the contents thereof.
The following documents are requested to be produced. If you are uncertain as to the
meaning of a term is or if you need additional information to understand a request, please
contact Pl iff’s Counsel.
FD-2985REQUEST NO. 1: All documents, call logs, memos, notes or other memoranda relating to
any and all attempts, whether successful or not, to contact Plaintiffs, between January 28, 2013
and August 12, 2014.
REQUEST NO. 2: To the extent that it was not provided in response to Request No 1, the
copy of the document attached to Plaintiff's Complaint as Exhibit “B” which existed in
Defendant’s records prior to the filing of this action.
REQUEST NO.3: To the extent that they were not provided in response to Request No. 1,
all collection notes in the possession of Defendant in regard to Plaintiff’s account.
REQUEST NO. 4: _ To the extent that they were not provided in response to Request No. 1,
logs and other records detailing all phone calls made by Defendant to Plaintiff between January
28, 2013 and August 12, 2014.
REQUEST NO.5: All documents relating to any third party that was retained, contracted or
otherwise hired, to contact Plaintiffs.
REQUEST NO.6: — Any and all documents that were consulted or referenced in answering
the Interrogatories that were served contemporaneously with this Request for Production.
REQUEST NO.7: — Each exhibit that Defendant will seek to introduce into evidence at trial
upon this matter.
REQUEST NO. 8: All documents, logs, or notes regarding letters that were sent to Plaintiffs
by Defendant after January 28, 2013 and before August 12, 2014.
REQUEST NO.9: All documents, logs, or notes regarding the phone calls that were made to
Plaintiffs by Defendant after January 28, 2013 and before August 12, 2014.
REQUEST NO. 10: All documents, logs, or notes regarding the notes placed on Plaintiff's
door by Defendant after January 28, 2013 and before August 12, 2014.
REQUEST NO. 11: Any and all documents, logs, or notes pertaining to Defendant’s receipt of
the document attached to Plaintiffs Complaint in this matter and marked as Exhibit “A”.
FD-2985REQUEST NO. 12: The copy of the document attached to Plaintiff's Complaint as Exhibit
“A”, which existed in Defendant’s records prior to the filing of this action.
REQUEST NO. 13: Any and all documents that support each and every of Defendant's
anticipated affirmative defenses.
REQUEST NO. 14: Any and all documents which are in any relevant to the instant matter
which have not been provided in response to other request for production.
REQUEST NO15:_ Any and all correspondence or documents which Defendant received
directly from Plaintiff, prior to the foreclosure action filed against Plaintiff.
REQUEST NO 16: Any documents indicating when Defendant first learned Plaintiff was
represented by counsel in regard to the disputed debt and any documents learning how Defendant
became aware of such knowledge.
REQUEST NO17: Any and all correspondence or documents which Defendant received
directly from Plaintiff, prior to the foreclosure action filed against Plaintiff.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff's First
Request for Production was/will be personally served upon the Registered Agent for Defendant
together with the Summons and Complaint.
LOAN LAWYERS, LLC
Attorneys for Plaintiff
377 North State Road 7, Suite #202
Plantation, FL 33317
Telephone: (954) 523-4357
Facsimile: (954) 581-2786
seth@floridaloanlawyers.com
By: _/s/ Seth Wieder
SETH WIEDER, ESQ.
Florida Bar No. 91704
FD-2985
Preview
Case Number: COCE-14-015353 Division: 54 Filing # 17167735 Electronically Filed 08/15/2014 04:24:59 PM IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: LYSANDER HENDRICKS, Plaintiff, vs. GREEN TREE SERVICING, LLC, Defendant. / PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS COME NOW, the Plaintiffs, LYSANDER HENDRICKS, by and through undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.350, and request Defendant, GREEN TREE SERVICING, LLC, to produce for inspection and copying at the offices of the undersigned attorney the documents set forth below on or before the thirtieth (30th) day after service of this Request For Production of Documents. I. DEFINITIONS OF TERMS 1. The term "you" or "your" Defendant GREEN TREE SERVICING, LLC [“GREENTREE”], the party or parties to which this request is addressed, including attorneys and all other persons acting or purporting to act on behalf of the party or parties, including employees, agents, contractors and servants. 2. “Debtor/ Plaintiffs” means LYSANDER HENDRICKS. 3. The term "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. 4. The term "document" means any written or graphic matter and 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 different from the original by reason of any notation made on such copy or otherwise, including but not limited to, correspondence, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins, meetings or other communications, inter-office and intra-office telephone calls, diaries, chronological data, minutes, books, reports, studies, summaries, pamphlets, bulletins, printed FD-2985 *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/15/2014 4:24:56 PM.****matter, charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases, graphic or aural records or representations of any kind (including without limitation, photographs, microfiche, microfilm, videotape, records and motion pictures) and electronic, mechanical or electric records or representations of any kind (including without limitation, tapes, cassettes, discs and records). 5. The term "all documents" means every document or group or documents as above defined that are known to you or that can be located or discovered by reasonably diligent efforts. 6. The term "communication(s)" means every manner or means of disclosure, transfer or exchange of information, whether in person, by telephone, mail, personal delivery or otherwise. 7. The word “each” shall be construed to include the word “every”, and the word “every” shall be construed to include the word “each” 8. As used herein, the singular shall include the plural, the plural shall include the singular, and the masculine, feminine and neither shall include each of the genders. 9. The word “and” shall be construed to include the word “or”, and the word “or” shall be construed to include the word “and”. 10. The word “each” shall be construed to include the word “every”, and the word “every” shall be construed to include the word “each” ll. The term "representative" refers to any employee, agent, attorney or accountant. 12. The term "identify" when used in connection with a natural person means to set forth the full name, title, present business address and present business affiliation of said person. 13. The term "identify" when used in connection with a person which is a proprietorship, partnership, corporation, or other organization means to set forth the full name and present business address of that dealership, proprietorship, partnership, corporation, or other organization. 14. The term "identify" when used with reference to a document means to state the date and author (and, if different, the signer or signers), the addresses of the author(s), signer(s), or any individual(s) receiving copies, the type of document (e.g., letter, memorandum, chart), and its present or last known location or custodian. 15. The term "identify" when used with reference to an agreement, contract, understanding or communication means, in addition to Definition 10 above: (a) to state whether it was written or oral, to identify the parties thereto, the place where it was made or occurred, and the date or dates thereof; (b) to identify the parties thereto, the place where it was made or occurred, and the date or dates thereof; (c) to identify the persons who negotiated or had any role in suggesting, framing or drafting the terms of the agreement, contract or understanding or who participated therein; and (d) to state the substance of the communication, agreement, contract or understanding. 16. The term "identify" when used with reference to a meeting, incident, occurrence or conversation means to state its date, place and subjects covered, to identify its participants and to identify all documents reporting upon or otherwise recording or referring to anything that transpired at such meetings. 17. The term “the transaction” or “the transactions” or “account” or “accounts” when used herein without qualifications means the transactions and accounts between and among the Plaintiffs and the named defendants in all related activities and agents or assigns of either party. 18. The term “relating to” or “relates to” means regarding, reflecting, discussing, describing, containing, identifying, analyzing, studying, reporting, commenting, evidencing, constituting, revealing, setting forth, considering, recommending, questioning, disputing contesting, FD-2985correcting, construing, mentioning, associated with, referring to, alluding to, or pertaining to, in whole or in part. 19. "Mortgage" means the deed of trust or security document securing the promissory note, and signed by Debtor/ Plaintiffs. 20. The term "Complaint" means the Complaint or Amended Complaint in the above-captioned action. I. INSTRUCTIONS 1. Unless otherwise specified, each production request includes the period of time from January 2004 through the date that the documents responsive to this request are produced by Defendant. 2. Each of the following requests is continuing, and in the event that at any later date you obtain or discover any additional document responsive to any request, you shall submit such document promptly. 3. If an objection is made to any request herein, all documents covered by the request not subject to the objection should be produced. Similarly, if an objection is made to production of a document, the portion(s) of that document not subject to objection should be produced with the portion(s) objected to deleted and indicated clearly. 4, Each document is to be produced in its entirety even if only a portion of the document is related to the identified subject matter and without abbreviation, editing, or expurgation and including all appendices, tables, or other attachments. If an appendix, table, or other attachment is not presented with the original but is attached to a copy thereof or is otherwise available, it should be submitted and clearly marked to indicate the document to which it corresponds. With the exception of privileged material, no document or portion thereof should be masked or deleted in any manner. To the extent possible, documents should be produced in the same order and arrangement as in the file form which they are taken. 5. Unless otherwise requested, in lieu of producing original documents, you may produce photocopies, provided that you shall retain the original documents and produce them to the Plaintiffs upon request. Further, copies of original documents may be submitted in lieu of originals only if they are true, correct, and complete copies of the original documents, and their submission constitutes a waiver of any claim as to the authenticity of the copy should it be necessary to introduce such copy into evidence in any legal proceeding. Please provide color copies of any document originally produced in color or containing type, writing, or other marks in any color other than black. 6. Documents that may be responsive to more than one request need not be submitted more than once; however, such documents should be so identified. 7. All headings herein are included only for organization purposes and should not be construed as being part of any request, or as limiting any request in any manner. 8. When producing the documents, please keep all documents segregated by the file in which the documents are contained and indicate the name of the file in which the documents are contained and the name of the documents being produced. 9. When producing the required documents, please produce all other documents that are clipped, stapled or otherwise attached to any requested document. 10. In the event such file(s) or documents(s) has (have) been removed, either for the purpose of this action or for some other purpose, please state the name and address of the person FD-2985who removed the file, the title of the file and each sub-file, if any, maintained within the file, and the present location of the file. ll. Tf you choose to withhold from production for inspection and copying on the ground of privilege or the like, it is requested that you provide the following information: date, type of document, author, addressee or recipient, present location, custodian, number of pages, general description, privilege claimed, and any other pertinent information. IU. PRIVILEGE If any document would be required to be produced in response to any request except for the fact that a privilege against production is claimed, set forth for each such document: 1. Its date, title, type of document (memorandum, letter, etc.), and length; 2. Its waiver, preparer, sender, addressee, recipient and copyee; 3. A general description of its subject matter (without revealing the information as to which privilege is claimed); 4, The exact grounds upon which the objection to production is based; 5. The identity of all persons, in addition to those identified as required by section 2, supra, known to you who have seen or had access to the document; 6. The identity of the person now in possession of the document. IV. DOCUMENTS NO LONGER IN EXISTENCE OR NO LONGER UNDER POSSESSION, CUSTODY OR CONTROL If any document, requested herein was at one time in existence and under Defendant's possession, custody or control but has been lost, discarded or destroyed or has been removed from Defendant's possession, custody or control, with respect to each such document: 1. Identify and describe such document by date, title and type of document; 2. State when each such document was most recently in the possession or subject to the control of Defendant and what disposition was made of such document, including an identification of the person, if any, presently in possession or control of such document; 3. State when such document was transferred or destroyed, identify the person who transferred or destroyed such document and the persons who authorized or directed that the document be transferred or destroyed or having knowledge of its transfer or destruction and state the reason such document was transferred or destroyed; and 4, Identify all persons having knowledge of the contents thereof. The following documents are requested to be produced. If you are uncertain as to the meaning of a term is or if you need additional information to understand a request, please contact Pl iff’s Counsel. FD-2985REQUEST NO. 1: All documents, call logs, memos, notes or other memoranda relating to any and all attempts, whether successful or not, to contact Plaintiffs, between January 28, 2013 and August 12, 2014. REQUEST NO. 2: To the extent that it was not provided in response to Request No 1, the copy of the document attached to Plaintiff's Complaint as Exhibit “B” which existed in Defendant’s records prior to the filing of this action. REQUEST NO.3: To the extent that they were not provided in response to Request No. 1, all collection notes in the possession of Defendant in regard to Plaintiff’s account. REQUEST NO. 4: _ To the extent that they were not provided in response to Request No. 1, logs and other records detailing all phone calls made by Defendant to Plaintiff between January 28, 2013 and August 12, 2014. REQUEST NO.5: All documents relating to any third party that was retained, contracted or otherwise hired, to contact Plaintiffs. REQUEST NO.6: — Any and all documents that were consulted or referenced in answering the Interrogatories that were served contemporaneously with this Request for Production. REQUEST NO.7: — Each exhibit that Defendant will seek to introduce into evidence at trial upon this matter. REQUEST NO. 8: All documents, logs, or notes regarding letters that were sent to Plaintiffs by Defendant after January 28, 2013 and before August 12, 2014. REQUEST NO.9: All documents, logs, or notes regarding the phone calls that were made to Plaintiffs by Defendant after January 28, 2013 and before August 12, 2014. REQUEST NO. 10: All documents, logs, or notes regarding the notes placed on Plaintiff's door by Defendant after January 28, 2013 and before August 12, 2014. REQUEST NO. 11: Any and all documents, logs, or notes pertaining to Defendant’s receipt of the document attached to Plaintiffs Complaint in this matter and marked as Exhibit “A”. FD-2985REQUEST NO. 12: The copy of the document attached to Plaintiff's Complaint as Exhibit “A”, which existed in Defendant’s records prior to the filing of this action. REQUEST NO. 13: Any and all documents that support each and every of Defendant's anticipated affirmative defenses. REQUEST NO. 14: Any and all documents which are in any relevant to the instant matter which have not been provided in response to other request for production. REQUEST NO15:_ Any and all correspondence or documents which Defendant received directly from Plaintiff, prior to the foreclosure action filed against Plaintiff. REQUEST NO 16: Any documents indicating when Defendant first learned Plaintiff was represented by counsel in regard to the disputed debt and any documents learning how Defendant became aware of such knowledge. REQUEST NO17: Any and all correspondence or documents which Defendant received directly from Plaintiff, prior to the foreclosure action filed against Plaintiff. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff's First Request for Production was/will be personally served upon the Registered Agent for Defendant together with the Summons and Complaint. LOAN LAWYERS, LLC Attorneys for Plaintiff 377 North State Road 7, Suite #202 Plantation, FL 33317 Telephone: (954) 523-4357 Facsimile: (954) 581-2786 seth@floridaloanlawyers.com By: _/s/ Seth Wieder SETH WIEDER, ESQ. Florida Bar No. 91704 FD-2985