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Filing # 116313233 E-Filed 11/06/2020 05:03:54 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
REPUBLIC ROOFING AND INSULATION Case No. CACE-20-016552 Div.: 12
CONTRACTORS, LLC, a Florida limited
liability company,
Plaintiff,
v.
5830 FUNSTON, INC.,
a Florida corporation,
Defendant.
/
PLAINTIFF, REPUBLIC ROOFING AND INSULATION CONTRACTORS, LLC’S
REQUEST FOR PRODUCTION TO DEFENDANT, 5830 FUNSTON, INC.
Pursuant to Fla. R. Civ. P. 1.350, Plaintiff, Republic Roofing and Insulation Contractors,
LLC (“RRIC”) and requests that Defendant, 5830 Funston, Inc. (“Owner”), produce the following
documents enumerated in this First Request for Production.
DEFINITIONS
1. “RRIC” means Republic Roofing and Insulation Contractors, LLC and each of its
employees, agents, representatives, and any other persons/entities acting or purporting to act on its
behalf.
2. “Owner,” “you,” “your,” “yours,” and/or “yourself” means 5830 Funston, Inc. and
each of its employees, agents, representatives, and any other persons/entities acting or purporting
to act on its behalf.
3. “Complaint” means the Complaint filed in this action on October 7, 2020.
4. “Project” means the roof repair and replacement work at the real property known
located at 5730 Dawson Street, Hollywood, Florida, which is the subject of the Complaint.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/06/2020 05:03:54 PM.****5. “Person” means any natural person, corporation, partnership, company, sole
proprietorship, association, institute, joint venture, film, governmental body, or other legal entity,
whether privately or publicly owned or controlled, for profit or not-for-profit, or partially or fully
government owned or controlled.
6. “Document” or “documentation” shall mean any kind of written, electronic,
recorded, or graphic matters, however produced or reproduced, of any kind or description whether
sent to, received, including originals, non-identical copies and drafts of both sides thereof, and
including, but not limited to, e-mails, papers, books, letters, correspondence, telegrams, bulletins,
notices, announcements, instructions, charts, manuals, brochures, schedules, memoranda, notes,
notations, transcripts, minutes agendas, reports and recordings of telephone or other conversations,
interviews, conferences or other meetings, affidavits, statements, summaries, opinions, reports,
studies, analyses, electronically stored information, computer printouts, data processing
input/output, microfilms and all other records kept by electronic means, photographs or
mechanical means, and other things similar to any of the foregoing, including documents which
may be stored on electronic media such as cloud storage, hard drives, USB drives, floppy disks,
CD-ROMs or other media storage devices, and other things similar to any of the foregoing
photographs or mechanical means.
7. “Relating to” means to make a statement about, refer to, discuss, describe, concern,
contain, comprise, identify, or in any way pertain to, in whole or in part, or otherwise to be used,
considered, or reviewed in any away in connection with, the specified subject.
8. “Evidencing,” “showing” or “reflecting” means to prove, establish, evidence,
reflect, show, or support the specified subject, contention or fact.
9. “Action” means the above-referenced case.10. “Communications” means the transmittal of information (in the form of facts, ideas,
inquiries, or otherwise).
11. The singular form of a noun or pronoun shall be considered to include within its
meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun or
pronoun shall be considered to include within its meaning the feminine form of the noun or
pronoun, and vice versa.
12. Regardless of the tense employed, all verbs shall be read as applying to the past,
present and future as is necessary to make any paragraph more, rather than less, inclusive.
13. | Whenever such construction would make a document request more, rather than less,
inclusive or whenever necessary to ensure completeness or accuracy, words importing the singular
number include the plural, and vice versa; verb tenses shall be interpreted to include past, present,
and future tenses; the terms “and” and “or” shall have both conjunctive and disjunctive meanings;
and words importing the masculine gender shall include the feminine gender, and vice versa.
14. All capitalized terms used in this filing not otherwise defined shall have the
meaning ascribed to them in the Complaint.
INSTRUCTIONS
With respect to this First Request for Production of Documents, the following
instructions shall apply:
1. All Documents responsive to this request shall be produced either as they are kept
in the usual course of business or organized and labeled to correspond with the categories in this
request. All Electronically Stored Information as the term is defined by the applicable Rules of
Civil Procedure shall be produced in native format.2. This request is directed to all Documents in your possession, custody or control, or
in the possession, custody or control of your agents, attorneys, advisors, accountants or other
representatives acting on your behalf.
3. If you claim the attorney-client or other privilege or the work product doctrine is
applicable to any Document that is sought by this request, then with respect to each such
Document, state its date, author(s), recipient(s), present and all previous custodians, location,
subject matter and sufficient additional information to explain the claim of privilege and to enable
adjudication of the propriety of that claim.
4. If any Document sought by these requests, including, but not limited to, computer
back-up files, is subject to destruction under any document retention or destruction program, then
the document should be exempted from any scheduled destruction and should not be destroyed
until the conclusion of this action or unless otherwise permitted by the Court.
5. If any Document or part of a document cannot be produced because it has been lost,
destroyed or transferred to the possession, custody or control of a person who is not subject to your
control, then with regard to each such Document identify the document and the reason it cannot
be produced, including without limitation the circumstances and dates of destruction or transfer
and the identity of the person(s) involved in its destruction or transfer.
6. If you have possession, custody or control of the originals of the Documents
requested, then the originals and all non-identical copies, including drafts, should be produced; if
you do not have possession, custody or control of the originals, then an identical copy of the
original and all non-identical copies of each original should be produced.
7. All designated Documents are to be taken as including all attachments and
enclosures. If any portion of a Document is responsive to a request, the entire document should beproduced. In producing Documents requested herein, you shall produce documents in full, without
abridgment, abbreviation, and expurgation of any sort.
8. Unless otherwise indicated, the period of time to which these Document requests
extend is from the inception of your records through the date of service of your response hereto.
The governing Rules of Procedure dictate your obligation to supplement your production of
Documents after your response.REQUEST FOR PRODUCTION
lL. All Documents evidencing, showing, or reflecting contracts or agreements
including all exhibits, and including all modifications, amendments, and addendums arising out of
or relating to the Project.
2. Any and all Documents evidencing, showing, or reflecting Communications arising
out of or relating to the Project.
3. All drawings, architectural drawings, shop drawings, plans specifications, details,
surveys, charts, engineering drawings of, pertaining to, or relating to the work at the Project
including preliminary plans, bid-plans, permitted plans, as-built plans and conformed plans.
4. All Documents evidencing, showing, or reflecting payments by you or on your
behalf regarding the Project.
5. All Documents relating to the labor, services and materials supplied by RRIC for
the Project.
6. All reports of any kind pertaining to RRIC’s work at the Project.
7. All Documents evidencing, showing, or reflecting inspections conducted of RRIC’s
work at the Project.
8. All photos, electronic images, digital images, and videos of the Project.
9. All Documents evidencing, showing, or reflecting incomplete or defective work
allegedly performed by RRIC at the Project.
10. All Documents evidencing, showing, or reflecting completion of RRIC’s work at
the Project.
ll. All Documents evidencing, showing, or reflecting the repair, replacement or
correction of RRIC’s work at the Project.12. All Documents evidencing, showing, or reflecting the cost and/or expense of
correcting and/or completing any work you claim RRIC failed to complete or failed to properly
perform for the Project.
13. All Documents evidencing, showing, or reflecting policies of insurance covering
you, for any damages allegedly caused by RRIC’s work on the Project.
14. All Documents identified or referenced in your answers to First Set of
Interrogatories served on you concurrently with this First Request for Production.
15. All agreements between you and any firm, person, or entity for observing,
inspecting or supervising any portion of the Project.
16. All Notices of Commencement for the Project and any amendments.
17. All photos, electronic images, digital images, and videos depicting property
damage caused by RRIC’s work on the Project.
18. All Documents evidencing, showing, or reflecting the cost and/or expense of
correcting and/or replacing any property allegedly damaged by RRIC’s work on the Project.
Dated this 6th day of November, 2020.
SMITH, CURRIE & HANCOCK LLP
/s/ Miles D. Jolley
Brian A. Wolf, Esq.
Florida Bar No. 983683
Primary E-mail: bawolf@smithcurrie.com
Secondary E-mail: Icherubin@smithcurrie.com
Miles D. Jolley, Esq.
Florida Bar No. 121094
Primary E-mail: mdjolley@smithcurrie.com
Secondary E-mail: rweiner@smithcurrie.com
101 N.E. Third Avenue, Suite 1910
Fort Lauderdale, Florida 33301
Tel: (954) 761-8700
Fax: (954) 524-6927Counsel for Republic Roofing & Insulation
Contractors, LLC
CERTIFICATE OF SERVICE
THEREBY CERTIFY that on November 6, 2020, I electronically filed the foregoing with
the Clerk of Court using the Florida E-Portal. I also certify that the foregoing document is being
served or will be served this day on all counsel of record via email transmission from Florida E-
Portal as listed below:
Brandon F. Loshak, Esq.
LOSHAK LEACH LLP
1 East Broward Blvd., Suite 700
Fort Lauderdale, Florida 33301
service@loshakleach.com
brandon@loshakleach.com
SMITH, CURRIE & HANCOCK LLP
/s/ Miles D. Jolley
Miles D. Jolley, Esq.
Florida Bar No. 121094
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Filing # 116313233 E-Filed 11/06/2020 05:03:54 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA REPUBLIC ROOFING AND INSULATION Case No. CACE-20-016552 Div.: 12 CONTRACTORS, LLC, a Florida limited liability company, Plaintiff, v. 5830 FUNSTON, INC., a Florida corporation, Defendant. / PLAINTIFF, REPUBLIC ROOFING AND INSULATION CONTRACTORS, LLC’S REQUEST FOR PRODUCTION TO DEFENDANT, 5830 FUNSTON, INC. Pursuant to Fla. R. Civ. P. 1.350, Plaintiff, Republic Roofing and Insulation Contractors, LLC (“RRIC”) and requests that Defendant, 5830 Funston, Inc. (“Owner”), produce the following documents enumerated in this First Request for Production. DEFINITIONS 1. “RRIC” means Republic Roofing and Insulation Contractors, LLC and each of its employees, agents, representatives, and any other persons/entities acting or purporting to act on its behalf. 2. “Owner,” “you,” “your,” “yours,” and/or “yourself” means 5830 Funston, Inc. and each of its employees, agents, representatives, and any other persons/entities acting or purporting to act on its behalf. 3. “Complaint” means the Complaint filed in this action on October 7, 2020. 4. “Project” means the roof repair and replacement work at the real property known located at 5730 Dawson Street, Hollywood, Florida, which is the subject of the Complaint. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/06/2020 05:03:54 PM.****5. “Person” means any natural person, corporation, partnership, company, sole proprietorship, association, institute, joint venture, film, governmental body, or other legal entity, whether privately or publicly owned or controlled, for profit or not-for-profit, or partially or fully government owned or controlled. 6. “Document” or “documentation” shall mean any kind of written, electronic, recorded, or graphic matters, however produced or reproduced, of any kind or description whether sent to, received, including originals, non-identical copies and drafts of both sides thereof, and including, but not limited to, e-mails, papers, books, letters, correspondence, telegrams, bulletins, notices, announcements, instructions, charts, manuals, brochures, schedules, memoranda, notes, notations, transcripts, minutes agendas, reports and recordings of telephone or other conversations, interviews, conferences or other meetings, affidavits, statements, summaries, opinions, reports, studies, analyses, electronically stored information, computer printouts, data processing input/output, microfilms and all other records kept by electronic means, photographs or mechanical means, and other things similar to any of the foregoing, including documents which may be stored on electronic media such as cloud storage, hard drives, USB drives, floppy disks, CD-ROMs or other media storage devices, and other things similar to any of the foregoing photographs or mechanical means. 7. “Relating to” means to make a statement about, refer to, discuss, describe, concern, contain, comprise, identify, or in any way pertain to, in whole or in part, or otherwise to be used, considered, or reviewed in any away in connection with, the specified subject. 8. “Evidencing,” “showing” or “reflecting” means to prove, establish, evidence, reflect, show, or support the specified subject, contention or fact. 9. “Action” means the above-referenced case.10. “Communications” means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise). 11. The singular form of a noun or pronoun shall be considered to include within its meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun or pronoun shall be considered to include within its meaning the feminine form of the noun or pronoun, and vice versa. 12. Regardless of the tense employed, all verbs shall be read as applying to the past, present and future as is necessary to make any paragraph more, rather than less, inclusive. 13. | Whenever such construction would make a document request more, rather than less, inclusive or whenever necessary to ensure completeness or accuracy, words importing the singular number include the plural, and vice versa; verb tenses shall be interpreted to include past, present, and future tenses; the terms “and” and “or” shall have both conjunctive and disjunctive meanings; and words importing the masculine gender shall include the feminine gender, and vice versa. 14. All capitalized terms used in this filing not otherwise defined shall have the meaning ascribed to them in the Complaint. INSTRUCTIONS With respect to this First Request for Production of Documents, the following instructions shall apply: 1. All Documents responsive to this request shall be produced either as they are kept in the usual course of business or organized and labeled to correspond with the categories in this request. All Electronically Stored Information as the term is defined by the applicable Rules of Civil Procedure shall be produced in native format.2. This request is directed to all Documents in your possession, custody or control, or in the possession, custody or control of your agents, attorneys, advisors, accountants or other representatives acting on your behalf. 3. If you claim the attorney-client or other privilege or the work product doctrine is applicable to any Document that is sought by this request, then with respect to each such Document, state its date, author(s), recipient(s), present and all previous custodians, location, subject matter and sufficient additional information to explain the claim of privilege and to enable adjudication of the propriety of that claim. 4. If any Document sought by these requests, including, but not limited to, computer back-up files, is subject to destruction under any document retention or destruction program, then the document should be exempted from any scheduled destruction and should not be destroyed until the conclusion of this action or unless otherwise permitted by the Court. 5. If any Document or part of a document cannot be produced because it has been lost, destroyed or transferred to the possession, custody or control of a person who is not subject to your control, then with regard to each such Document identify the document and the reason it cannot be produced, including without limitation the circumstances and dates of destruction or transfer and the identity of the person(s) involved in its destruction or transfer. 6. If you have possession, custody or control of the originals of the Documents requested, then the originals and all non-identical copies, including drafts, should be produced; if you do not have possession, custody or control of the originals, then an identical copy of the original and all non-identical copies of each original should be produced. 7. All designated Documents are to be taken as including all attachments and enclosures. If any portion of a Document is responsive to a request, the entire document should beproduced. In producing Documents requested herein, you shall produce documents in full, without abridgment, abbreviation, and expurgation of any sort. 8. Unless otherwise indicated, the period of time to which these Document requests extend is from the inception of your records through the date of service of your response hereto. The governing Rules of Procedure dictate your obligation to supplement your production of Documents after your response.REQUEST FOR PRODUCTION lL. All Documents evidencing, showing, or reflecting contracts or agreements including all exhibits, and including all modifications, amendments, and addendums arising out of or relating to the Project. 2. Any and all Documents evidencing, showing, or reflecting Communications arising out of or relating to the Project. 3. All drawings, architectural drawings, shop drawings, plans specifications, details, surveys, charts, engineering drawings of, pertaining to, or relating to the work at the Project including preliminary plans, bid-plans, permitted plans, as-built plans and conformed plans. 4. All Documents evidencing, showing, or reflecting payments by you or on your behalf regarding the Project. 5. All Documents relating to the labor, services and materials supplied by RRIC for the Project. 6. All reports of any kind pertaining to RRIC’s work at the Project. 7. All Documents evidencing, showing, or reflecting inspections conducted of RRIC’s work at the Project. 8. All photos, electronic images, digital images, and videos of the Project. 9. All Documents evidencing, showing, or reflecting incomplete or defective work allegedly performed by RRIC at the Project. 10. All Documents evidencing, showing, or reflecting completion of RRIC’s work at the Project. ll. All Documents evidencing, showing, or reflecting the repair, replacement or correction of RRIC’s work at the Project.12. All Documents evidencing, showing, or reflecting the cost and/or expense of correcting and/or completing any work you claim RRIC failed to complete or failed to properly perform for the Project. 13. All Documents evidencing, showing, or reflecting policies of insurance covering you, for any damages allegedly caused by RRIC’s work on the Project. 14. All Documents identified or referenced in your answers to First Set of Interrogatories served on you concurrently with this First Request for Production. 15. All agreements between you and any firm, person, or entity for observing, inspecting or supervising any portion of the Project. 16. All Notices of Commencement for the Project and any amendments. 17. All photos, electronic images, digital images, and videos depicting property damage caused by RRIC’s work on the Project. 18. All Documents evidencing, showing, or reflecting the cost and/or expense of correcting and/or replacing any property allegedly damaged by RRIC’s work on the Project. Dated this 6th day of November, 2020. SMITH, CURRIE & HANCOCK LLP /s/ Miles D. Jolley Brian A. Wolf, Esq. Florida Bar No. 983683 Primary E-mail: bawolf@smithcurrie.com Secondary E-mail: Icherubin@smithcurrie.com Miles D. Jolley, Esq. Florida Bar No. 121094 Primary E-mail: mdjolley@smithcurrie.com Secondary E-mail: rweiner@smithcurrie.com 101 N.E. Third Avenue, Suite 1910 Fort Lauderdale, Florida 33301 Tel: (954) 761-8700 Fax: (954) 524-6927Counsel for Republic Roofing & Insulation Contractors, LLC CERTIFICATE OF SERVICE THEREBY CERTIFY that on November 6, 2020, I electronically filed the foregoing with the Clerk of Court using the Florida E-Portal. I also certify that the foregoing document is being served or will be served this day on all counsel of record via email transmission from Florida E- Portal as listed below: Brandon F. Loshak, Esq. LOSHAK LEACH LLP 1 East Broward Blvd., Suite 700 Fort Lauderdale, Florida 33301 service@loshakleach.com brandon@loshakleach.com SMITH, CURRIE & HANCOCK LLP /s/ Miles D. Jolley Miles D. Jolley, Esq. Florida Bar No. 121094