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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
McCANN HOLDINGS, LTD.,
Plaintiff,
VS. CASE NO. 2011 CA 003897 NC
SDC COMMUNITIES, INC.,
VOTT-A, LLC, VOTT-B, LLC,
VOTT-C, LLC, VOTT-D, LLC, and
HENRY RODRIGUEZ,
Defendants.
/
DEFENDANTS, SDC COMMUNITIES, INC’S AND HENRY RODRIGUEZ’ §
Defendants, SDC COMMUNITIES, INC. (“SDC”) and HENRY RODRIGUEZ
(“Rodriguez”), by and through their undersigned attorney, pursuant to Fla. R. Civ. P. 1.350,
request Plaintiff, MCCANN HOLDINGS, LTD. (“McCann”), to produce the original or a legible
copy thereof, of the things enumerated below at the offices of Bentley and Bruning, P.A., 783
South Orange Avenue, Suite 220, Sarasota, FL 34236, as required by the said Rule. The
Plaintiff will be in compliance with this Request to Produce if said Plaintiff provides to —_-
Defendants’ attorney, by mail, complete and legible copies of the requested items prior to the
date the production is due.
I, DEFINITIONS
A. The term “document” or “documents” means all written, printed, recorded, electronic or
graphic matter, photographic matter or sound reproductions, however produced or
reproduced, in the actual or constructive possession, custody, care or control of Plaintiff,
and whether or not now in existence, including, but not limited to originals or copies
(where originals are unavailable or where the copy differs from an respect from the
original) of: books, papers, letters, correspondence, memoranda, Electronic Data,
|
Filed for Record 05/13/2013 04:50 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2011 CA 003897 NC Dkt-19493830 Page 1 of 5Documentation, computer files, emails, facsimiles, Internet communications or other
electronic messages, cards, telegrams, cablegrams, diaries, reports, records, minutes,
notes, opinion letters, diary entries, appointment books, schedules, time records, work
assignments, tabulations, vouchers, accounts, contracts, agreements, intra and inter-office
communications, calendars, drafts, drawings, microfilm, abstracts, summaries, messages,
statements, receipts, bills, invoices, printouts, affidavits, instructions, bulletins, circulars,
pamphlets, slides, photographs, sketches, labels, advertisements, charts, graphs, computer
data compilations statistics, speeches, tapes, tape recordings, videotapes, press releases,
public statements, public announcements, public and governmental filings, all other
writings of whatever nature and form, and all other magnetic, photographic, electronic,
computer-generated, or computer-stored data including diskettes, hard drives and discs,
CD’s, DVD’s, and sound recordings.
B. The work “all” mncludes the word “any,” and vice versa.
C, The word “and” includes the word “or and vice versa.
D. The word “Plaintiff and the pronouns “you”, “your”, and “yours” refer to the party to
whom the production is directed.
E. The term “active file,” when used in this document, means any electronic data file that
can be utilized by an electronic data processing system in any manner without
modification and/or re-construction. An active file is any electronic data file that has not
been erased or otherwise destroyed and/or damaged and which is readily visible to the
operating system and/or the software with which it was created.
F. The term “archive,” when used in this document, is intended to refer to all processes for
copying and storage whether temporary or permanent, of electronic data in a computer
system, other than active files in on-line storage. “Archive” or “archiving” refers to any
system for maintaining electronic data off-line, whether referred to as an archive, dump,
purge or other terms, and also to any system for storage of electronic media which is not
In current use on the system.
G. The term “computer” when used in this document, shall include, but is not limited to,
microcomputers (also known as personal computers), laptop computers, portable
computers, notebook computers, palmtop computers, personal digital assistants,
minicomputers and mainframe computers.
H. The term “data” when used in this document, is equivalent to the term “electronic data”
as defined herein.
I. The term “deleted file” when used in this document, means any electronic data file that
has been erased or deleted from the electronic media on which it resided. A deleted file
includes any file whose File Allocation Table (FAT) entry has been modified to indicate
the file as being deleted and/or when is not readily visible to the operating system and/or
the software with which it was created.
Filed for Record 05/13/2013 04:50 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2011 CA 003897 NC Dkt-19493830 Page 2 of 5J. The term “documentation” when used in this document means all documents and
electronic data files containing written and/or on-line information provided by the
manufacturer or seller of the item and/or by in-house sources, including all manuals,
guides, instructions, programming notes, protocols, policies, procedures and other
sources of information about technical specifications, installation, usage and functioning
of the computer, operating systems and utilities, application software and/or hardware
devices.
Kk. The term “electronic data” when used in this document, means all information of all
kinds maintained by electronic data processing systems including all non-identical copies
of such information. Electronic data includes, but is not limited to, computer programs
(whether private, commercial or work in progress), programming notes or instructions,
and input and/or output sued or produced by any software program or utility (including
electronic mail messages and all information referencing or relating to such message
anywhere on the computer system, word processing documents and all information stored
in connection with such documents, electronic spreadsheets, databases including all
records and fields and structural information, charts, graphs and outlines, arrays of
information and all other information used or produced by any software), operating
systems, source code of all types, programming languages, linkers and compilers,
peripheral drivers, PIF files, batch files, any and all ASCII files, and any and all
miscellaneous files and/or file fragments, regardless of the media on which they reside
and regardless of whether said electronic data consists in an active file, deleted file or file
fragment. Electronic data includes any and all information stored on computer memories,
hard disks, floppy disks, CD’s, DVD's, internal or external hard drives, ZIP drives,
Bernoulli Box drives and their equivalent, magnetic tape of all types, microfiche,
punched cards, punched tape, computer chips, including, but not limited to EPROM,
PROM, RAM and ROM, or on or in any other vehicle for digital data storage and/or
transmittal. The term electronic data also includes the file, folder tabs and/or containers
and labels appended to, or associated with, any physical storage device associated with
the information described above.
Il. INSTRUCTIONS
L. Any document as to which a claim of privilege is or will be asserted should be identified
by author, signatory, description (e.g. letter, memorandum, telex, recording, etc.), title (if
any), date addresses (if any), general subject matter, present depository and present
custodian and a complete statement of the ground for the claim of privilege to be set
forth.
M. If any of the documents requested herein have been lost or destroyed since their creation,
identify each of the missing documents, state when, where, how and by whom the
documents were lost or destroyed, the name of the person who authorized or directed
Filed for Record 05/13/2013 04:50 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2011 CA 003897 NC Dkt-19493830 Page 3 of 5such destruction, and identify by name and address, the person who last had custody of
the missing documents.
N. If any of the documents cannot be produced in full, produce to the extent possible,
specifying the reasons for the inability to produce the remainder.
O. Documents to be produced include the originals of all documents, plus all drafts of any
requested documents and all copies of any requested document, by whatever means
made, which bear any making or other notation or differ in any way from the original.
Documents maintained on different storage media shall be regarded as documents which
differ from the original.
P. To the extent any of the documents are in electronic or computer form, please produce
such electronic or computer form of the documents on floppy disk or CD-ROM, as well
as in hard copy, and state the filename and path under which such data is stored.
III. DOCUMENTS TO BE PRODUCED
1. Copies of all offers to purchase, in whole or in part, any property that is owned by
you and subject to Comprehensive Plan 2010 -02-E.
2. Copies of all contracts to purchase, in whole or in part, any property that is owned
by you and subject to Comprehensive Plan 2010 -02-E.
3, Copies of all offers to joint venture, develop, or participate with you to develop,
in whole or in part, any property that is owned by you and subject to
Comprehensive Plan 2010 -02-E.
4. Copies of all contracts to joint venture, develop, or participate with you to
develop, in whole or in part, any property that is owned by you and subject
to Comprehensive Plan 2010 -02-E.
5. All documents supporting any claim of damages or loss incurred by you as a
result of any action by Defendants SDC and/or Rodriguez.
6. Copies of any reports prepared by any expert witness retained by you to testify in
this matter.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by e-mail
on STEVEN D. HUTTON, ESQ., 240 South Pineapple Ave., Suite 801, Sarasota, FL 34236 at
sdh@huttonlawfirm.com as the primary e-mail address and pdominko@huttonlawfirm.com and
noreen@huttonlawfirm.com as secondary e-mail addresses and EDWARD VOGLER, II, ESQ..,
Filed for Record 05/13/2013 04:50 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2011 CA 003897 NC Dkt-19493830 Page 4of5Vogler Ashton, PLLC, 2411-A Manatee Ave. West, Bradenton, FL 34205 at
edvogler@voglerashton.com this _/ 4 “day of May, 2013.
BENTLEY & BRUNING, P.A.
Florida Bar No (0962287
783 South Orange Ave., Suite 220
Sarasota, FL 34236
Phone: 941-556-9030
Fax: 941-312-5316
Email: mbentley@bentleyandbruning.com
Secondary Email: nwhite@bentleyandbruning.com
Filed for Record 05/13/2013 04:50 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2011 CA 003897 NC Dkt-19493830 Page 5of5
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA McCANN HOLDINGS, LTD., Plaintiff, VS. CASE NO. 2011 CA 003897 NC SDC COMMUNITIES, INC., VOTT-A, LLC, VOTT-B, LLC, VOTT-C, LLC, VOTT-D, LLC, and HENRY RODRIGUEZ, Defendants. / DEFENDANTS, SDC COMMUNITIES, INC’S AND HENRY RODRIGUEZ’ § Defendants, SDC COMMUNITIES, INC. (“SDC”) and HENRY RODRIGUEZ (“Rodriguez”), by and through their undersigned attorney, pursuant to Fla. R. Civ. P. 1.350, request Plaintiff, MCCANN HOLDINGS, LTD. (“McCann”), to produce the original or a legible copy thereof, of the things enumerated below at the offices of Bentley and Bruning, P.A., 783 South Orange Avenue, Suite 220, Sarasota, FL 34236, as required by the said Rule. The Plaintiff will be in compliance with this Request to Produce if said Plaintiff provides to —_- Defendants’ attorney, by mail, complete and legible copies of the requested items prior to the date the production is due. I, DEFINITIONS A. The term “document” or “documents” means all written, printed, recorded, electronic or graphic matter, photographic matter or sound reproductions, however produced or reproduced, in the actual or constructive possession, custody, care or control of Plaintiff, and whether or not now in existence, including, but not limited to originals or copies (where originals are unavailable or where the copy differs from an respect from the original) of: books, papers, letters, correspondence, memoranda, Electronic Data, | Filed for Record 05/13/2013 04:50 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2011 CA 003897 NC Dkt-19493830 Page 1 of 5Documentation, computer files, emails, facsimiles, Internet communications or other electronic messages, cards, telegrams, cablegrams, diaries, reports, records, minutes, notes, opinion letters, diary entries, appointment books, schedules, time records, work assignments, tabulations, vouchers, accounts, contracts, agreements, intra and inter-office communications, calendars, drafts, drawings, microfilm, abstracts, summaries, messages, statements, receipts, bills, invoices, printouts, affidavits, instructions, bulletins, circulars, pamphlets, slides, photographs, sketches, labels, advertisements, charts, graphs, computer data compilations statistics, speeches, tapes, tape recordings, videotapes, press releases, public statements, public announcements, public and governmental filings, all other writings of whatever nature and form, and all other magnetic, photographic, electronic, computer-generated, or computer-stored data including diskettes, hard drives and discs, CD’s, DVD’s, and sound recordings. B. The work “all” mncludes the word “any,” and vice versa. C, The word “and” includes the word “or and vice versa. D. The word “Plaintiff and the pronouns “you”, “your”, and “yours” refer to the party to whom the production is directed. E. The term “active file,” when used in this document, means any electronic data file that can be utilized by an electronic data processing system in any manner without modification and/or re-construction. An active file is any electronic data file that has not been erased or otherwise destroyed and/or damaged and which is readily visible to the operating system and/or the software with which it was created. F. The term “archive,” when used in this document, is intended to refer to all processes for copying and storage whether temporary or permanent, of electronic data in a computer system, other than active files in on-line storage. “Archive” or “archiving” refers to any system for maintaining electronic data off-line, whether referred to as an archive, dump, purge or other terms, and also to any system for storage of electronic media which is not In current use on the system. G. The term “computer” when used in this document, shall include, but is not limited to, microcomputers (also known as personal computers), laptop computers, portable computers, notebook computers, palmtop computers, personal digital assistants, minicomputers and mainframe computers. H. The term “data” when used in this document, is equivalent to the term “electronic data” as defined herein. I. The term “deleted file” when used in this document, means any electronic data file that has been erased or deleted from the electronic media on which it resided. A deleted file includes any file whose File Allocation Table (FAT) entry has been modified to indicate the file as being deleted and/or when is not readily visible to the operating system and/or the software with which it was created. Filed for Record 05/13/2013 04:50 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2011 CA 003897 NC Dkt-19493830 Page 2 of 5J. The term “documentation” when used in this document means all documents and electronic data files containing written and/or on-line information provided by the manufacturer or seller of the item and/or by in-house sources, including all manuals, guides, instructions, programming notes, protocols, policies, procedures and other sources of information about technical specifications, installation, usage and functioning of the computer, operating systems and utilities, application software and/or hardware devices. Kk. The term “electronic data” when used in this document, means all information of all kinds maintained by electronic data processing systems including all non-identical copies of such information. Electronic data includes, but is not limited to, computer programs (whether private, commercial or work in progress), programming notes or instructions, and input and/or output sued or produced by any software program or utility (including electronic mail messages and all information referencing or relating to such message anywhere on the computer system, word processing documents and all information stored in connection with such documents, electronic spreadsheets, databases including all records and fields and structural information, charts, graphs and outlines, arrays of information and all other information used or produced by any software), operating systems, source code of all types, programming languages, linkers and compilers, peripheral drivers, PIF files, batch files, any and all ASCII files, and any and all miscellaneous files and/or file fragments, regardless of the media on which they reside and regardless of whether said electronic data consists in an active file, deleted file or file fragment. Electronic data includes any and all information stored on computer memories, hard disks, floppy disks, CD’s, DVD's, internal or external hard drives, ZIP drives, Bernoulli Box drives and their equivalent, magnetic tape of all types, microfiche, punched cards, punched tape, computer chips, including, but not limited to EPROM, PROM, RAM and ROM, or on or in any other vehicle for digital data storage and/or transmittal. The term electronic data also includes the file, folder tabs and/or containers and labels appended to, or associated with, any physical storage device associated with the information described above. Il. INSTRUCTIONS L. Any document as to which a claim of privilege is or will be asserted should be identified by author, signatory, description (e.g. letter, memorandum, telex, recording, etc.), title (if any), date addresses (if any), general subject matter, present depository and present custodian and a complete statement of the ground for the claim of privilege to be set forth. M. If any of the documents requested herein have been lost or destroyed since their creation, identify each of the missing documents, state when, where, how and by whom the documents were lost or destroyed, the name of the person who authorized or directed Filed for Record 05/13/2013 04:50 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2011 CA 003897 NC Dkt-19493830 Page 3 of 5such destruction, and identify by name and address, the person who last had custody of the missing documents. N. If any of the documents cannot be produced in full, produce to the extent possible, specifying the reasons for the inability to produce the remainder. O. Documents to be produced include the originals of all documents, plus all drafts of any requested documents and all copies of any requested document, by whatever means made, which bear any making or other notation or differ in any way from the original. Documents maintained on different storage media shall be regarded as documents which differ from the original. P. To the extent any of the documents are in electronic or computer form, please produce such electronic or computer form of the documents on floppy disk or CD-ROM, as well as in hard copy, and state the filename and path under which such data is stored. III. DOCUMENTS TO BE PRODUCED 1. Copies of all offers to purchase, in whole or in part, any property that is owned by you and subject to Comprehensive Plan 2010 -02-E. 2. Copies of all contracts to purchase, in whole or in part, any property that is owned by you and subject to Comprehensive Plan 2010 -02-E. 3, Copies of all offers to joint venture, develop, or participate with you to develop, in whole or in part, any property that is owned by you and subject to Comprehensive Plan 2010 -02-E. 4. Copies of all contracts to joint venture, develop, or participate with you to develop, in whole or in part, any property that is owned by you and subject to Comprehensive Plan 2010 -02-E. 5. All documents supporting any claim of damages or loss incurred by you as a result of any action by Defendants SDC and/or Rodriguez. 6. Copies of any reports prepared by any expert witness retained by you to testify in this matter. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by e-mail on STEVEN D. HUTTON, ESQ., 240 South Pineapple Ave., Suite 801, Sarasota, FL 34236 at sdh@huttonlawfirm.com as the primary e-mail address and pdominko@huttonlawfirm.com and noreen@huttonlawfirm.com as secondary e-mail addresses and EDWARD VOGLER, II, ESQ.., Filed for Record 05/13/2013 04:50 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2011 CA 003897 NC Dkt-19493830 Page 4of5Vogler Ashton, PLLC, 2411-A Manatee Ave. West, Bradenton, FL 34205 at edvogler@voglerashton.com this _/ 4 “day of May, 2013. BENTLEY & BRUNING, P.A. Florida Bar No (0962287 783 South Orange Ave., Suite 220 Sarasota, FL 34236 Phone: 941-556-9030 Fax: 941-312-5316 Email: mbentley@bentleyandbruning.com Secondary Email: nwhite@bentleyandbruning.com Filed for Record 05/13/2013 04:50 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2011 CA 003897 NC Dkt-19493830 Page 5of5