Preview
Filing # 87567097 E-Filed 04/05/2019 04:11:36 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, IN AND
FOR MIAMI-DADE COUNTY, FLORIDA.
951 HARBOR DRIVE, LLC, a Florida limited CASE NO. 2017-014568-CA-01
liability company,
Plaintiffs,
v.
SD CONSTRUCTION, LLC, a Florida limited
liability company, MERICK ROOFING, INC. a
Florida corporation, and N. OSCAR
GONZALEZ, E., an individual,
Defendants,
/
DEFENDANT, SD CONSTRUCTION, LLC’s FIRST REQUEST FOR
PRODUCTION TO PLAINTIFFS
Pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, Defendant, SD
Construction, LLC (“SD”) hereby files its First Request for Production upon Plaintiff, 951
Harbor Drive, LLC (“951 Harbor”) and requests that same be responded to within the time
and in the manner prescribed in Rule 1.350 of the Florida Rules of Civil Procedure
INSTRUCTIONS FOR ANSWERING
1 Plaintiffs, 951 Harbor (“Plaintiffs”, “You” or “Your”) is required, in
responding to this request, to obtain and furnish all information available to you and any of
your representatives, employees, agents, brokers, servants, or attorneys and to obtain and
furnish all information that is in your possession or under your control, or in the possession
or under the control of any of your representatives, employees, agents, servants or attorneys.
2. Each request which seeks information relating in any way to communications
to, from or within a business and/or corporate entity, is hereby designated to demand and
should be construed to include any and all communications by and between representatives,
employees, agents, brokers and or servants of the business and/or corporate entity.
RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01
3. Each request should be responded to separately. However, a document that
is the response to more than one request may, if the relevant portion is marked or indexed,
be produced and referred to in a later response.
4. All documents produced shall be segregated and identified by the paragraphs
to which they are primarily responsive. Where required by a particular paragraph of this
request, documents produced shall be further segregated and as indicated in this paragraph.
For any documents that are stored or maintained in files in the normal course of business,
such documents shall be produced in such files, or in such a manner as to preserve and
identify the file from which the documents were taken.
5 If you object to any part of a request, please furnish documents responsive to
the remainder of the request.
6 Each request refers to all documents that are either known by you to exist or
that can be located or discovered by reasonably diligent efforts, or that are in your custody,
possession or control
7 The documents produced in response to this request shall include all
attachments and enclosures.
8. The documents requested for production include those in possession, custody
or control of you, your agents, representatives or attorneys.
9 All documents called for by this request or related to this request for which
you claim a privilege or statutory authority as a ground for non-production shall be listed
chronologically as follows:
a. The place, date and manner of recording or otherwise preparing the
document;
b The name and title of the sender;
c. The identity of each person or persons participating in the preparation
of the document;
d The identity and title, if any, of the person or persons supplying your
attorneys with documents requested;
€ The identity of each person to whom the contents of the documents
have heretofore been communicated by copy, exhibition, sketch,
reading or substantial summarization, the dates of said
communication, and the employer and title of said person at the time
of said communication;
f. Type of document;
g Subject matter (without revealing the relevant information for which
the privilege or statutory authority is claimed); and
h. Factual or legal basis for claim, privilege or specific statutory or
regulatory authority that provides the claimed ground for non-
production.
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RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01
10. Each request to produce a document(s) shall be deemed to call for the
production of the original document or documents to the extent they are in or subject to,
directly or indirectly, the control of the party to whom this request is addressed. In addition,
each request should be considered as including a request for separate production of all
copies, and to the extent applicable, preliminary drafts of documents that differ in any
respect from the original or final draft or from each other (e.g., by reason of differences in
form or content or by reason of handwritten notes or comments having been added to one
copy of a document but not the original or other copies thereof.)
11 All documents produced in response to this request shall be produced in to
notwithstanding the fact that portions thereof may contain information not requested.
12. If any documents requested herein have been lost or destroyed, the
documents so lost or destroyed shall be identified by author, date and subject matter.
13. Where exact information cannot be furnished, estimated information is to be
supplied to the extent possible. Where estimation is used, it should be so indicated, and an
explanation should be given as to the basis on which the estimate was made and the reason
exact information cannot be furnished.
14 With respect to any document requested which was once in possession,
custody or control, but no longer is, please indicate the date the document ceased to be in
the possession, custody or control, the manner in which it ceased to be in your possession,
custody or control, and the name and address of its present custodian.
15. Prior to providing copies of the requested documents, the party to whom such
request is made shall first produce to the undersigned an itemized list of the available
documents and make such documents available for an initial inspection at a mutually
convenient time and place.
-3-
RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01
DEFINITIONS
1 The terms “Plaintiffs,” “You” or “Your” shall refer to 951 Harbor the named
Plaintiffs in the above-styled action, or where applicable in context, your representatives
and agents, and all other persons acting or purporting to act on your behalf.
2. The term “SD” shall mean SD Construction, LLC. a named Defendant in the
above-styled action.
3 The terms “document” or “documents” mean the original and all copies
thereof which are different in any way from the original and all attached or annexed
materials to any written, typewritten, handwritten, printed, graphic, photographic, or
recorded material as well as all computer data files, tapes, disks, inputs or outputs, and other
computer-readable records or programs, transcripts and copies and reproductions thereof,
however produced or reproduced, now or at any time in your actual or constructive
possession, custody or control. The terms “document” or “documents” shall specifically
include, but not be limited to, correspondence, telegrams, facsimiles, telexes, memoranda,
records of meetings, conferences, telephone or other communications, pamphlets, books,
notes, reports, studies, transcripts, indexes, accounting records of any kind, including bank
examination reports whether state or federal, filings, records, charts, tabulations, lists,
analyses, graphs, diagrams, estimates, minutes, (including board and loan committee
minutes), tapes, photographs and photographic films, sound recording tapes, phonograph
records, video tapes, data compilations from which information can be obtained or can be
translated into a form reasonably usable, as well as any contracts or agreements, and records
of every kind and type, including any information formerly or presently kept by any method
of electronic data processing or magnetic tape storage medium, including the printed output
of any such electronic data processing equipment or magnetically stored information.
The term “identify” means when used in reference to:
a. A document, to state separately
(1) __ its description (e.g., letter, report, memorandum, etc.);
(2) its date;
(3) its subject matter;
(4) the identity and all contact information (including, but not limited to,
address, telephone number, e-mail, address, etc.) of each author or signor;
(5) its present location; and
(6) the identity of its custodian.
b An oral statement, communication, conference or conversation, please state
separately,
(1) its date and the place where it occurred;
(2) its substance or subject matter;
(3) the identity of each person participating in the communication or
conversation; and
-4-
RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01
(4) the identity of all notes, memoranda or other documents memorializing,
referring to or relating to the subject matter of the statement.
c. A natural person or person shall state separately
(1) the full name of each such person;
(2) his or her present or last known address; and
(3) the employer of the person at the time to which the request is directed and the
person’s title or position at that time.
5 The term “communication” or “correspondence” shall mean any transmission
of information, the information transmitted, and any process by which information is
transmitted, and shall include written and oral communications.
6 The term “copy” or “copies” when used in reference to a document means
any color or black-and-white reproduction of a document, regardless of whether the
reproduction is made by means of carbon paper, pressure sensitive paper, xerography,
electronic mail or other means or process.
7 The term “Project” shall mean the buildings and/or property at issue in this
litigation, including, but not limited to the property owned and/or controlled by the Plaintiffs
in this action, located at 951 Harbor Drive, Key Biscayne, FL 33149
8. The term “relating to” means consisting of, referring to, describing,
discussing, constituting, evidencing, containing, reflecting, mentioning, concerning,
pertaining to, citing, summarizing, analyzing or bearing any logical or factual connection
with the matter discussed
9 The term “and” and “or” shall be construed conjunctively rather than
disjunctively, as is necessary to make each request inclusive rather than exclusive.
10. The term “Complaint” or “lawsuit” shall mean the action brought by
Plaintiffs against Defendant in the above-captioned matter.
11 All objections or answers to these requests that fail or refuse to fully respond
to any request on grounds of a claim of privilege of any kind whatsoever shall
a. state the nature of the claim of privilege;
b state all facts relied upon in support of the claim of privilege;
c. identify all documents relating to the claim of privilege; and
d. identify all persons having knowledge of any facts relating to the claim of
privilege.
12. If a refusal to answer a request is stated on the grounds of burdensomeness,
identify the number and nature of documents to be searched, the location of the documents,
and the number of persons, hours and costs required to conduct the search
5.
RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01
13 Answer each request on the basis of your entire knowledge including, but not
limited to, information in the possession of you, your representatives, agents, and attorneys.
RE FOR PRODUCTIO
1, All documents regarding, relating to, or referring to the construction, repairs,
renovation, remediation or improvements to the Project.
2. Any and all contracts, subcontracts, supply agreements, design contracts, or
other agreements in any way relating to the construction, repairs, renovation, remediation or
improvements to the Project.
3 Any and all forensic reports and expert reports relating to any alleged defects
at the Project.
4 Any and all documents relating to repairs, maintenance or remediation at the
Project, including but not limited to repair requests, work order requests, work orders, notice
of work, confirmation of repair work, offers to repair, repair descriptions, service calls, issue
identification reports, maintenance logs, maintenance plans, and/or any other documents
reflecting maintenance and/or repairs which occurred at the Project from the time
construction was complete until the present
5 Copies of all contracts with repair contractors that have provided services to
the Project.
6. Any and all bids or proposals relating to the repair or proposed repair of
alleged defective work at the Project
7. Any and all documents related to renovations or remediation of the Project,
including but not limited to any internal reports, proposals, assessments and or discussions
leading to the renovations or remediation regarding the scope, cost and financing of the
renovations or remediation
8. Any and all documents in any way related to or supporting Plaintiffs’ alleged
damages claimed in this case.
9. Copies of all correspondence, transmittals, facsimiles, and e-mails between
you and any person or entity relating to the construction, repairs, renovation, remediation or
improvements to the Project.
10. Any and all contracts, subcontracts, supply agreements, design contracts or
other agreements in any way relating to any construction work at the Project.
11 Any and all contracts between Plaintiffs and any experts or consultants
regarding the Project and any reports generated by any expert witnesses or consultants who
will testify at trial.
12. Any and all statements taken of any witnesses or any party to this litigation,
including their agents or employees relating to the facts or issues involved in this lawsuit.
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RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01
13 Any and all photographs or videos of construction or remedial work
performed by any party on the Project
14 All documents describing, relating to, or concerning any labor, services,
products or materials furnished or supplied by you or your employees relating to the Project.
15 Copies of all documents relating to any individuals or entities that performed
any work at the Project.
16. Any and all daily, weekly or monthly job logs, job site progress reports,
diaries, journals, memoranda, or notes concerning the progress of the work on the Project on
the job, or requests for information (“RFI”) submittals, post-bid change logs, change order
requests and change order status related to the work performed by any contractor.
17. Any and all documents relating to any/all complaints of improper or
defective work performed by any person or entity that performed work on the Project.
18. Any and all copies of invoices for materials paid for that were incorporated
into the Project by any person or entity that performed work, paid for by any person or
entity
19. Any and all photographs, drawings, architectural drawings, shop drawings,
plans, specifications, details, surveys, charts, or engineering prepared by any person or
entity that performed any work on the Project.
20. All documents relating to any labor, services, products or materials furnished
or supplied by you or your subcontractors, relating to any work at the Project.
21 Any and all documents evidencing that any party to this action caused and/or
contributed to any of the damages alleged in the underlying Complaint.
22. Any and all documents evidencing that any person or entity, not a party to
this lawsuit, caused and/or contributed to any of the damages alleged in the underlying
Complaint.
-7-
RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing was provided by
e-service on this 5" day of April, 2019 to
Eric M Sodhi , Esq
Joshua Spoont, Eq
Sodhi Spoont PLLC
1000 5th Street, Suite 218
Miami Beach, FL 33139
Telephone: (305) 907-7573
Facsimile (305) 675- 6461
Counsel for Plaintiffs
Elizabeth Y. Davies, Esq.
The Law Office of Jorge L. Pinon, P.A.
1380 SW 128th Street
Miami, FL 33186
Telephone: (3
Counsel for N. Oscar Gonzalez, P.E.
Robert J. Alwine, Esq.
Robert Joseph Alwine, P.A.
240 Crandon Blvd., Ste. 263
Key Biscayne, FL 33149
Telephone: (305) 965-0813
robertaly com
Co-Counsel for SD Construction, LLC
Robert J. Squire, Esq.
Christopher M. Utrera, Esq
444 Brickell Avenue, Suite 300
Miami, FL 33131
Miami, FL, 33131
Telephone and Facsimile: 305-428-2711
Counsel for SD Construction, LLC
Respectfully submitted,
RESNICK & LOUIS, P.C
444 Brickell Avenue, Suite 300
Miami, FL 33131
Telephone and Fax: 305.432.9772
Counsel for SD Construction, LLC
444 Brickell Avenue, Suite 300
Miami, Florida 33131
Telephone and Fax: 305-432-9772
Primary E-Mail: rsquire@rlattorneys.com
Primary E-Mail: cutrera@rlattorneys.com
Primary E-Mail: kolesky@rlattorneys.com
Secondary E-Mail: mdotson@rlattorneys.com
-8-
RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01
By /s/ Christopher Utrera
Robert J. Squire, Esq.
Florida Bar No.: 584169
Christopher M. Utrera, Esq.
Florida Bar No.: 70960
Kara Olesky, Esq.
Florida Bar No.: 117874
-9-
RESNICK & LOUIS, P.C.
Preview
Filing # 87567097 E-Filed 04/05/2019 04:11:36 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 951 HARBOR DRIVE, LLC, a Florida limited CASE NO. 2017-014568-CA-01 liability company, Plaintiffs, v. SD CONSTRUCTION, LLC, a Florida limited liability company, MERICK ROOFING, INC. a Florida corporation, and N. OSCAR GONZALEZ, E., an individual, Defendants, / DEFENDANT, SD CONSTRUCTION, LLC’s FIRST REQUEST FOR PRODUCTION TO PLAINTIFFS Pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, Defendant, SD Construction, LLC (“SD”) hereby files its First Request for Production upon Plaintiff, 951 Harbor Drive, LLC (“951 Harbor”) and requests that same be responded to within the time and in the manner prescribed in Rule 1.350 of the Florida Rules of Civil Procedure INSTRUCTIONS FOR ANSWERING 1 Plaintiffs, 951 Harbor (“Plaintiffs”, “You” or “Your”) is required, in responding to this request, to obtain and furnish all information available to you and any of your representatives, employees, agents, brokers, servants, or attorneys and to obtain and furnish all information that is in your possession or under your control, or in the possession or under the control of any of your representatives, employees, agents, servants or attorneys. 2. Each request which seeks information relating in any way to communications to, from or within a business and/or corporate entity, is hereby designated to demand and should be construed to include any and all communications by and between representatives, employees, agents, brokers and or servants of the business and/or corporate entity. RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01 3. Each request should be responded to separately. However, a document that is the response to more than one request may, if the relevant portion is marked or indexed, be produced and referred to in a later response. 4. All documents produced shall be segregated and identified by the paragraphs to which they are primarily responsive. Where required by a particular paragraph of this request, documents produced shall be further segregated and as indicated in this paragraph. For any documents that are stored or maintained in files in the normal course of business, such documents shall be produced in such files, or in such a manner as to preserve and identify the file from which the documents were taken. 5 If you object to any part of a request, please furnish documents responsive to the remainder of the request. 6 Each request refers to all documents that are either known by you to exist or that can be located or discovered by reasonably diligent efforts, or that are in your custody, possession or control 7 The documents produced in response to this request shall include all attachments and enclosures. 8. The documents requested for production include those in possession, custody or control of you, your agents, representatives or attorneys. 9 All documents called for by this request or related to this request for which you claim a privilege or statutory authority as a ground for non-production shall be listed chronologically as follows: a. The place, date and manner of recording or otherwise preparing the document; b The name and title of the sender; c. The identity of each person or persons participating in the preparation of the document; d The identity and title, if any, of the person or persons supplying your attorneys with documents requested; € The identity of each person to whom the contents of the documents have heretofore been communicated by copy, exhibition, sketch, reading or substantial summarization, the dates of said communication, and the employer and title of said person at the time of said communication; f. Type of document; g Subject matter (without revealing the relevant information for which the privilege or statutory authority is claimed); and h. Factual or legal basis for claim, privilege or specific statutory or regulatory authority that provides the claimed ground for non- production. -2- RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01 10. Each request to produce a document(s) shall be deemed to call for the production of the original document or documents to the extent they are in or subject to, directly or indirectly, the control of the party to whom this request is addressed. In addition, each request should be considered as including a request for separate production of all copies, and to the extent applicable, preliminary drafts of documents that differ in any respect from the original or final draft or from each other (e.g., by reason of differences in form or content or by reason of handwritten notes or comments having been added to one copy of a document but not the original or other copies thereof.) 11 All documents produced in response to this request shall be produced in to notwithstanding the fact that portions thereof may contain information not requested. 12. If any documents requested herein have been lost or destroyed, the documents so lost or destroyed shall be identified by author, date and subject matter. 13. Where exact information cannot be furnished, estimated information is to be supplied to the extent possible. Where estimation is used, it should be so indicated, and an explanation should be given as to the basis on which the estimate was made and the reason exact information cannot be furnished. 14 With respect to any document requested which was once in possession, custody or control, but no longer is, please indicate the date the document ceased to be in the possession, custody or control, the manner in which it ceased to be in your possession, custody or control, and the name and address of its present custodian. 15. Prior to providing copies of the requested documents, the party to whom such request is made shall first produce to the undersigned an itemized list of the available documents and make such documents available for an initial inspection at a mutually convenient time and place. -3- RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01 DEFINITIONS 1 The terms “Plaintiffs,” “You” or “Your” shall refer to 951 Harbor the named Plaintiffs in the above-styled action, or where applicable in context, your representatives and agents, and all other persons acting or purporting to act on your behalf. 2. The term “SD” shall mean SD Construction, LLC. a named Defendant in the above-styled action. 3 The terms “document” or “documents” mean the original and all copies thereof which are different in any way from the original and all attached or annexed materials to any written, typewritten, handwritten, printed, graphic, photographic, or recorded material as well as all computer data files, tapes, disks, inputs or outputs, and other computer-readable records or programs, transcripts and copies and reproductions thereof, however produced or reproduced, now or at any time in your actual or constructive possession, custody or control. The terms “document” or “documents” shall specifically include, but not be limited to, correspondence, telegrams, facsimiles, telexes, memoranda, records of meetings, conferences, telephone or other communications, pamphlets, books, notes, reports, studies, transcripts, indexes, accounting records of any kind, including bank examination reports whether state or federal, filings, records, charts, tabulations, lists, analyses, graphs, diagrams, estimates, minutes, (including board and loan committee minutes), tapes, photographs and photographic films, sound recording tapes, phonograph records, video tapes, data compilations from which information can be obtained or can be translated into a form reasonably usable, as well as any contracts or agreements, and records of every kind and type, including any information formerly or presently kept by any method of electronic data processing or magnetic tape storage medium, including the printed output of any such electronic data processing equipment or magnetically stored information. The term “identify” means when used in reference to: a. A document, to state separately (1) __ its description (e.g., letter, report, memorandum, etc.); (2) its date; (3) its subject matter; (4) the identity and all contact information (including, but not limited to, address, telephone number, e-mail, address, etc.) of each author or signor; (5) its present location; and (6) the identity of its custodian. b An oral statement, communication, conference or conversation, please state separately, (1) its date and the place where it occurred; (2) its substance or subject matter; (3) the identity of each person participating in the communication or conversation; and -4- RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01 (4) the identity of all notes, memoranda or other documents memorializing, referring to or relating to the subject matter of the statement. c. A natural person or person shall state separately (1) the full name of each such person; (2) his or her present or last known address; and (3) the employer of the person at the time to which the request is directed and the person’s title or position at that time. 5 The term “communication” or “correspondence” shall mean any transmission of information, the information transmitted, and any process by which information is transmitted, and shall include written and oral communications. 6 The term “copy” or “copies” when used in reference to a document means any color or black-and-white reproduction of a document, regardless of whether the reproduction is made by means of carbon paper, pressure sensitive paper, xerography, electronic mail or other means or process. 7 The term “Project” shall mean the buildings and/or property at issue in this litigation, including, but not limited to the property owned and/or controlled by the Plaintiffs in this action, located at 951 Harbor Drive, Key Biscayne, FL 33149 8. The term “relating to” means consisting of, referring to, describing, discussing, constituting, evidencing, containing, reflecting, mentioning, concerning, pertaining to, citing, summarizing, analyzing or bearing any logical or factual connection with the matter discussed 9 The term “and” and “or” shall be construed conjunctively rather than disjunctively, as is necessary to make each request inclusive rather than exclusive. 10. The term “Complaint” or “lawsuit” shall mean the action brought by Plaintiffs against Defendant in the above-captioned matter. 11 All objections or answers to these requests that fail or refuse to fully respond to any request on grounds of a claim of privilege of any kind whatsoever shall a. state the nature of the claim of privilege; b state all facts relied upon in support of the claim of privilege; c. identify all documents relating to the claim of privilege; and d. identify all persons having knowledge of any facts relating to the claim of privilege. 12. If a refusal to answer a request is stated on the grounds of burdensomeness, identify the number and nature of documents to be searched, the location of the documents, and the number of persons, hours and costs required to conduct the search 5. RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01 13 Answer each request on the basis of your entire knowledge including, but not limited to, information in the possession of you, your representatives, agents, and attorneys. RE FOR PRODUCTIO 1, All documents regarding, relating to, or referring to the construction, repairs, renovation, remediation or improvements to the Project. 2. Any and all contracts, subcontracts, supply agreements, design contracts, or other agreements in any way relating to the construction, repairs, renovation, remediation or improvements to the Project. 3 Any and all forensic reports and expert reports relating to any alleged defects at the Project. 4 Any and all documents relating to repairs, maintenance or remediation at the Project, including but not limited to repair requests, work order requests, work orders, notice of work, confirmation of repair work, offers to repair, repair descriptions, service calls, issue identification reports, maintenance logs, maintenance plans, and/or any other documents reflecting maintenance and/or repairs which occurred at the Project from the time construction was complete until the present 5 Copies of all contracts with repair contractors that have provided services to the Project. 6. Any and all bids or proposals relating to the repair or proposed repair of alleged defective work at the Project 7. Any and all documents related to renovations or remediation of the Project, including but not limited to any internal reports, proposals, assessments and or discussions leading to the renovations or remediation regarding the scope, cost and financing of the renovations or remediation 8. Any and all documents in any way related to or supporting Plaintiffs’ alleged damages claimed in this case. 9. Copies of all correspondence, transmittals, facsimiles, and e-mails between you and any person or entity relating to the construction, repairs, renovation, remediation or improvements to the Project. 10. Any and all contracts, subcontracts, supply agreements, design contracts or other agreements in any way relating to any construction work at the Project. 11 Any and all contracts between Plaintiffs and any experts or consultants regarding the Project and any reports generated by any expert witnesses or consultants who will testify at trial. 12. Any and all statements taken of any witnesses or any party to this litigation, including their agents or employees relating to the facts or issues involved in this lawsuit. -6- RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01 13 Any and all photographs or videos of construction or remedial work performed by any party on the Project 14 All documents describing, relating to, or concerning any labor, services, products or materials furnished or supplied by you or your employees relating to the Project. 15 Copies of all documents relating to any individuals or entities that performed any work at the Project. 16. Any and all daily, weekly or monthly job logs, job site progress reports, diaries, journals, memoranda, or notes concerning the progress of the work on the Project on the job, or requests for information (“RFI”) submittals, post-bid change logs, change order requests and change order status related to the work performed by any contractor. 17. Any and all documents relating to any/all complaints of improper or defective work performed by any person or entity that performed work on the Project. 18. Any and all copies of invoices for materials paid for that were incorporated into the Project by any person or entity that performed work, paid for by any person or entity 19. Any and all photographs, drawings, architectural drawings, shop drawings, plans, specifications, details, surveys, charts, or engineering prepared by any person or entity that performed any work on the Project. 20. All documents relating to any labor, services, products or materials furnished or supplied by you or your subcontractors, relating to any work at the Project. 21 Any and all documents evidencing that any party to this action caused and/or contributed to any of the damages alleged in the underlying Complaint. 22. Any and all documents evidencing that any person or entity, not a party to this lawsuit, caused and/or contributed to any of the damages alleged in the underlying Complaint. -7- RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01 CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing was provided by e-service on this 5" day of April, 2019 to Eric M Sodhi , Esq Joshua Spoont, Eq Sodhi Spoont PLLC 1000 5th Street, Suite 218 Miami Beach, FL 33139 Telephone: (305) 907-7573 Facsimile (305) 675- 6461 Counsel for Plaintiffs Elizabeth Y. Davies, Esq. The Law Office of Jorge L. Pinon, P.A. 1380 SW 128th Street Miami, FL 33186 Telephone: (3 Counsel for N. Oscar Gonzalez, P.E. Robert J. Alwine, Esq. Robert Joseph Alwine, P.A. 240 Crandon Blvd., Ste. 263 Key Biscayne, FL 33149 Telephone: (305) 965-0813 robertaly com Co-Counsel for SD Construction, LLC Robert J. Squire, Esq. Christopher M. Utrera, Esq 444 Brickell Avenue, Suite 300 Miami, FL 33131 Miami, FL, 33131 Telephone and Facsimile: 305-428-2711 Counsel for SD Construction, LLC Respectfully submitted, RESNICK & LOUIS, P.C 444 Brickell Avenue, Suite 300 Miami, FL 33131 Telephone and Fax: 305.432.9772 Counsel for SD Construction, LLC 444 Brickell Avenue, Suite 300 Miami, Florida 33131 Telephone and Fax: 305-432-9772 Primary E-Mail: rsquire@rlattorneys.com Primary E-Mail: cutrera@rlattorneys.com Primary E-Mail: kolesky@rlattorneys.com Secondary E-Mail: mdotson@rlattorneys.com -8- RESNICK & LOUIS, P.C.CASE NO. 2017-014568-CA-01 By /s/ Christopher Utrera Robert J. Squire, Esq. Florida Bar No.: 584169 Christopher M. Utrera, Esq. Florida Bar No.: 70960 Kara Olesky, Esq. Florida Bar No.: 117874 -9- RESNICK & LOUIS, P.C.