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Filing # 85980015 E-Filed 03/06/2019 04:07:22 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR JUDICIAL COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 17-14568 CA 01
951 HARBOR DRIVE, LLC, a Florida
limited liability company,
Plaintiff,
V.
SD CONSTRUCTION, LLC, a Florida
limited liability company; MERICK
ROOFING, INC., a Florida corporation;
and N. OSCAR GONZALEZ, PE.,
an individual,
Defendants.
DEFENDANT, N. OSCAR GONZALEZ’S NOTICE OF SERVING FIRST
REQUEST TO PRODUCE TO PLAINTIFF
COMES NOW, Defendant, N. OSCAR GONZALEZ (hereinafter “GONZALEZ”) by and
through undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure,
requests that Plaintiff, 951 HARBOR DRIVE, LLC (hereinafter “951 HARBOR”), respond to
Defendant GONZALEZ’s First Request to Produce to Plaintiff within the time period prescribed
by these Rules.
CERTIFICATE OF SERVICE
I HEREBY certify that a true and correct copy of the foregoing has been furnished to the
parties on the service list via Florida Court’s E-Filing Portal in accordance with Fla. R Jud Admin.
2.516 on this 6" day of March 2019
Respectfully Submitted
JLP LEGAL
Park Place of Kendall I,
13380 SW 128 Street, Miami FL 33186
Tel: 305-273-3901
By: /s/ Jorge L. Pinon, Esq.
Jorge L. Pinon, Esq.
Fla Bar No.: 023226
Primary: service@jlplegal.com
-1-CASE NO. 17-14568 CA 01
INSTRUCTIONS
The instructions set forth below apply to each of the requests made in this Request for
Production of Documents (“Requests,” or individually, the “Request”):
A. In producing the requested documents, whether in paper or electronic format,
Plaintiff shall organize and label the requested documents to correspond with the categories
enumerated in this Request for Production of Documents.
B. In responding to these Requests, Plaintiff shall produce all documents and things that
are in Plaintiff's custody, possession, or control, including documents and things in the custody,
possession, or control of Plaintiff's attorneys, employer, investigators for Plaintiff's attorneys,
independent accountants, agents, or any person acting on behalf of or in concert with Plaintiff, and
not merely documents and things from Plaintiff's own personal files.
Cc. If Plaintiff cannot respond to any of the following Requests in full, respond as
completely as possible, specifying the nature (if known) and reasons why Plaintiff is unable to
respond in full, and provide whatever information Plaintiff has concerning the withheld things,
documents, or portions of documents, including the source or sources from which or whom the
things, documents, or portions of documents can be obtained and that portion of the documentation
that can be produced.
D. If documents or things requested are not reasonably available to Plaintiff in precisely
the form requested, or for the particular date or period specified, but could be produced in a modified
form and/or for a slightly different date or period, then Plaintiffis requested to respond to that request
in such modified form or for such different date or period.
E. If any document or thing that is responsive to a request is incomplete or has been
altered, state in what respect the document or thing is incomplete or altered and explain the reasons
therefore.CASE NO. 17-14568 CA 01
F. If the documents requested in this Request for Production of Documents are
unavailable because they have been destroyed or lost, identify which documents were destroyed or
lost by date, author, addressee, and subject matter; if the documents were destroyed, state when,
why, how, and by whom they were destroyed; and state further the identity of the person(s) ordering,
authorizing, and supervising such disposition, the reason for the disposition and the person(s)
performing such disposition, and the identity of all persons having knowledge of such document or
thing, or the substance or contents of the document or the nature of the thing disposed of, and the
identity of all persons having knowledge of such document or thing if lost state when they were
determined to be lost, when, and in whose possession they were last known to exist and any known
circumstances concerning their disappearance or loss.
G. If any document or portion thereof is or will be withheld because of a claim of
privilege or work product
i State the basis on which the privilege is or will be claimed and the facts supporting
such claim.
ii Identify the author and signatory of the document.
iii. Identify each person to whom the document indicates the original or a copy thereof
was sent, and any others who at any time possessed the document. Identify all persons who
have or have had access to or received a copy of the document or any portions thereof.
iv. Give the date of the document.
v Describe the subject matter and length of the document or portion thereof for which
the privilege is claimed.
H. The use of a verb in any tense shall encompass all other tenses, wherever necessary
to bring within the scope of the following requests documents that might otherwise be construed as
outside their scope.
L The use of a word in its singular form shall be deemed to include within its use the
plural as well, and vice versa, wherever necessary to bring within the scope of the following requests
documents that might otherwise be construed to be outside their scope.
J. For any Electronically Stored Information, as more fully defined below, please
identify the storage medium in which it is retrieved (e-mail, other electronic documents including
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documents on any personal laptop, home computer, removable media devices, floppy disks, tapes,
CD ROMS, DVDs, zip disks and/or drives, flash drives and other removable drives, personal digital
assistants or similar devices (such as a smart phone, iPad, or Blackberry), or any other storage
medium) and produce it in the form in with it is ordinarily maintained or in a reasonably usable form,
unless otherwise stipulated by Defendant or ordered by the court. Should Plaintiff choose to produce
these records electronically, the records should be produced as images with extracted text and must
include the following metadata fields:
i. Author
ii TO
iti FROM
iv cc
Vv BCC
vi. Create Date
vii. Sent Date
viii. | Receive Date
ix. Subject
x Title
kK. All definitions and rules of construction set forth in the Florida Rules of Civil
Procedure, including Rule 1.350, shall apply to all discovery Requests.
DEFINITIONS
The following terms and definitions pertain to the requests for production of documents.
a) The term “Plaintiff” or “you” or “your/s” refers to 951 HARBOR DRIVE, LLC,
aka, “951 Harbor” and all of its employees, agents, and representatives.
b) The term “GONZALEZ” refers to Defendant N. Oscar Gonzalez, PE. And all of
his employees, representatives, agents, servants, workers, and day laborers.
¢) The term “PURE” refers to Privilege Underwriters Reciprocal Exchange and all of
its owners, principals, employees, representatives, agents, servants, adjusters, workers, and day
laborersCASE NO. 17-14568 CA 01
d) The term “Defendants” refers to SD Construction, Merick Roofing, and Gonzalez.
e) The term “Property” refers to 951 Harbor Drive, Key Biscayne, Florida 33149.
f) The terms “Guardrail system” shall refer to railings and cable-railing system
installed on the roof decks of the Property
g) The term “Incident or incidents” refers to the water damage events that occurred at
the Property, as further described in Plaintiff's Complaint and in Pure v. SD Constuction 2017-
6935 CAI5S
h) The term “Damages” refers to any and all damages relating to the Incident.
i) The terms “work”, “services” and “work and services” refer to any and all work
and services Plaintiffs, their agents, assigns, contractors, subcontractors, performed at and/or for
the Property, including but not limited to actual labor, manual labor, estimating work, construction
work, weather protection, jobsite supervision, phasing and/or sequencing work, inspections and
approvals of work, hiring/supervising/directing workers, independent contractors and
subcontractors, and any other types of construction or improvement work for the Property.
jd The term “document” is to be construed in the most liberal sense, and is intended
to include within its definition the memorialization of any thought, idea, note, message, visual
image or statement through any medium capable of duplication, including but not limited to: email,
written document, typed document, videotape, audiotape, computer disc, compact disc, and/or
photographs.
k) “Communication” and “correspondence” means the transmittal of information,
including but not limited to facts, ideas, inquiries, or otherwise, from one person to another
including, but not limited to, (a) by means of a document, such as a letter; (b) by electronic means,
such as email, texting, instant messaging, blogging or other social media messaging service; or (c)
by verbal means, such as telephone or face-to-face discussion.CASE NO. 17-14568 CA 01
1) “Concerning” and “related to” mean relating to, referring to, alluding to, responding
to, connected with, commenting on, in respect of, about, regarding, discussing, showing,
describing, reflecting, identifying, dealing with, consisting of, explaining, analyzing, constituting,
mentioning, recording, containing, enumerating, supporting, concerning, or pertaining to, in whole
or in part, directly or indirectly, or in any way relevant to the specified subject.
m) “Document” and “documentation” shall have the broadest meaning accorded to it
by Rule 1.350 of the Florida Rules of Civil Procedure. “Document” means the original and all non-
identical copies and drafts, regardless of origin or location, of any writing and any written, printed,
typed or other graphic or photographic matter of any kind or description, in draft or final form,
including but not limited to, correspondence, letters, telegrams, facsimiles, cables, telex messages,
e-mail, memoranda, notes, interoffice and interdepartmental communications, transcripts, minutes
of conversations or meetings, reports, studies, any audio or video recordings, voicemail, contracts,
calendar or diary entries, pamphlets, handwritten notes, charts, tabulations, records of meetings,
conferences, telephone or other conversations or communications, and tapes or slides, and other
data compilations from which information can be obtained or translated, if necessary, through
detection devices into reasonably usable form, and all other records kept by electronic,
photographic, or mechanical means however denominated, which are in Plaintiff's possession,
custody, or control. If a document has been prepared in several copies, or additional copies have
been made, or copies are not identical (or, which by reason of subsequent modification of a copy
by the addition of notations or other modifications, are no longer identical), each non-identical
copy is a separate document. The term “document” shall include the original and any copies that
differ in any manner whatsoever from the original (whether different from the original because of
notes made on such copy or otherwise) and any drafts thereof. Document includes all
Electronically-Stored Information, as further defined below.
n) “Each” shall be construed to include the word “every.”
0) “Electronically-Stored Information” or “ESI” means electronic records or other
data compilations including, but not limited to, text files; presentation files; spread sheets;
correspondence (such as faxes, telephone messages or other voicemails, e-mails including logs of
e-mail history and usage, header information, and deleted e-mail files and e-mail archive folders);
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internet history files, cookies, or preferences; graphical files in any format (such as videos or
photographs); databases; calendar and scheduling information; task lists; telephone logs; contact
managers; computer system activity logs; and all file fragments and backup files containing
electronic data. ESI includes information stored not only on Plaintiff's personal computer but also
includes information stored on any other computers that Plaintiff has used and to which Plaintiff
has access and also includes information stored on other media devices such as cell phones,
personal digital assistants (“PDAs”), smartphones, tablets, iPods, laptop computers, USB drives
(also known as microvaults), hard drives, zip drives, back-up drives, shared servers, tape drives,
floppy disks, memory cards, databases, DVDs, CDs, Blu-rays, thumb and pin drives, any
technology with USB capability (such as wristwatches and pens), any device on which information
can be downloaded, transmitted, or saved to via an infrared connection, or other technology or
device by which documents or information can be downloaded, transmitted, or saved.
p) “Person” means and include, without limiting the generality of its meaning, any
natural person; corporate or business entity; firm; partnership; association, unincorporated
association, trust or any other legal, business or government entity, agency, or subdivision;
committee; commission; or other organization or entity.
q) “Possession” means possession, control, or custody by the entity or by any past or
present officers, directors, agents, servants, and employees, as well as any of its past or present
affiliates, divisions, subdivisions, departments, predecessors or successors in interest and their
present or former officers, directors, agents, servants and employees.
r) “Repair Work” means the repair work conducted on the Subject Property.
REQUEST TO PRODUCE
1. Please produce all documents and communications that support your allegations in
950-54 of Plaintiff s Complaint.
2. Please produce all documents and correspondence between 951 Harbor and PURE
including but not limited to all insurance estimates relating to the alleged incidents.CASE NO. 17-14568 CA 01
3. Please produce all documents and correspondence between 951 Harbor and everyone
else except PURE that in any way relate to the damages or repairs regarding the alleged incidents.
4, Please produce all estimates, documents, invoices, contracts, emails,
communications, correspondence and records of any kind relating to any work, services, estimates,
and/or proposals for work and/or services for the Property as a result of the alleged incidents.
5. If you claim that any action or omission by GONZALEZ contributed in any way to
the damages you seek, produce all documents and communications that support same.
6. Please produce all documents that reflect payments made by PURE to anyone or any
entity including but not limited to 951 Harbor as a result of or in any way relating to the incidents
7. Any and all diagrams, schematics, and/or layouts showing the location of alleged
construction defects at the property, which would not fall under the attorney-client or work-product
privilege.
8. Any and all videos, photographs, jpegs, thumbnails, or digital images showing any
damage the property that in any way relate to the incidents
9. Any and all contracts and written agreements between Plaintiff and any third-party
inspecting service charged with the responsibility of inspecting the Property to determine the cause
of the damages to the property for the incident at issue
10. Any and all photographs, videotapes, images, sketches, and/ or diagrams regarding
repairs performed by Plaintiffs on the property relating in any way to the incidents.
11. All reports or records prepared that document or memorialize any testing that took
place on the property related to the incidents.
12. All documents or information from any experts retained by the Plaintiff, its agents,
assigns, representatives, insurers that in any way relate to the cause of damages for the incidents.CASE NO. 17-14568 CA 01
13. Any and all documents reflecting bids, quotes, and/or proposals relating to
investigation, design, construction, and/or performance of any modifications, repairs, or remedial
work performed or to be performed in connection with the Lawsuit pertaining to the alleged issues,
items, defects, and/or deficiencies described in Plaintiffs Complaint, including the exhibits attached
thereto.
14. Any and all estimates for repair/remediation work to be performed on subject
property
15. All checks or other form of payment including but not limited to any and all
documents evidencing payment relating to the incidents.
16. — Copies of all plans, specifications, shop drawings, catalog cut-out sheets, submittals,
contracts, bids, agreements, and change orders pertaining to remediation and/or repair work
performed on the property
17. All manufacturers’ specifications and/or warranties pertaining to materials used by
anyone or any entity including but not limited to any subcontractor or contractor or laborer in
connection with remediation, repair, of property
18. All written reports and/or similar documents evidencing inspections and/or
examinations performed in connection with construction, remediation, repair work performed on
property
19. To the extent not provided above, your entire file pertaining to construction,
remediation, and/or repair work performed on the subject property relating in any way to the
incidents.
20. All documents provided to you by any and/or all DefendantsCASE NO. 17-14568 CA 01
CERTIFICATE OF SERVICE
I HEREBY certify that a true and correct copy of the foregoing has been furnished to the
parties on the service list via Florida Court’s E-Filing Portal in accordance with Fla. R Jud Admin.
2.516 on this 6" day of Mar-19
Respectfully Submitted
JLP LEGAL
Park Place of Kendall I,
13380 SW 128 Street, Miami FL 33186
Tel: 305-273-3901
By: /s/ Jorge L. Pinon, Esq.
Jorge L. Pinon, Esq.
Fla Bar No.: 023226
Primary: service@jlplegal.com
SERVICE LIST
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
a
Counsel for Plaintiffs
Robert J. Alwine, Esq.
Robert Joseph Alwine, P.A.
240 Crandon Blvd., Ste. 263
Key Biscayne, FL 33149
Telephone: (305) 965-0813
Robert(@robertalwine.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
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Filing # 85980015 E-Filed 03/06/2019 04:07:22 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR JUDICIAL COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 17-14568 CA 01 951 HARBOR DRIVE, LLC, a Florida limited liability company, Plaintiff, V. SD CONSTRUCTION, LLC, a Florida limited liability company; MERICK ROOFING, INC., a Florida corporation; and N. OSCAR GONZALEZ, PE., an individual, Defendants. DEFENDANT, N. OSCAR GONZALEZ’S NOTICE OF SERVING FIRST REQUEST TO PRODUCE TO PLAINTIFF COMES NOW, Defendant, N. OSCAR GONZALEZ (hereinafter “GONZALEZ”) by and through undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, requests that Plaintiff, 951 HARBOR DRIVE, LLC (hereinafter “951 HARBOR”), respond to Defendant GONZALEZ’s First Request to Produce to Plaintiff within the time period prescribed by these Rules. CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy of the foregoing has been furnished to the parties on the service list via Florida Court’s E-Filing Portal in accordance with Fla. R Jud Admin. 2.516 on this 6" day of March 2019 Respectfully Submitted JLP LEGAL Park Place of Kendall I, 13380 SW 128 Street, Miami FL 33186 Tel: 305-273-3901 By: /s/ Jorge L. Pinon, Esq. Jorge L. Pinon, Esq. Fla Bar No.: 023226 Primary: service@jlplegal.com -1-CASE NO. 17-14568 CA 01 INSTRUCTIONS The instructions set forth below apply to each of the requests made in this Request for Production of Documents (“Requests,” or individually, the “Request”): A. In producing the requested documents, whether in paper or electronic format, Plaintiff shall organize and label the requested documents to correspond with the categories enumerated in this Request for Production of Documents. B. In responding to these Requests, Plaintiff shall produce all documents and things that are in Plaintiff's custody, possession, or control, including documents and things in the custody, possession, or control of Plaintiff's attorneys, employer, investigators for Plaintiff's attorneys, independent accountants, agents, or any person acting on behalf of or in concert with Plaintiff, and not merely documents and things from Plaintiff's own personal files. Cc. If Plaintiff cannot respond to any of the following Requests in full, respond as completely as possible, specifying the nature (if known) and reasons why Plaintiff is unable to respond in full, and provide whatever information Plaintiff has concerning the withheld things, documents, or portions of documents, including the source or sources from which or whom the things, documents, or portions of documents can be obtained and that portion of the documentation that can be produced. D. If documents or things requested are not reasonably available to Plaintiff in precisely the form requested, or for the particular date or period specified, but could be produced in a modified form and/or for a slightly different date or period, then Plaintiffis requested to respond to that request in such modified form or for such different date or period. E. If any document or thing that is responsive to a request is incomplete or has been altered, state in what respect the document or thing is incomplete or altered and explain the reasons therefore.CASE NO. 17-14568 CA 01 F. If the documents requested in this Request for Production of Documents are unavailable because they have been destroyed or lost, identify which documents were destroyed or lost by date, author, addressee, and subject matter; if the documents were destroyed, state when, why, how, and by whom they were destroyed; and state further the identity of the person(s) ordering, authorizing, and supervising such disposition, the reason for the disposition and the person(s) performing such disposition, and the identity of all persons having knowledge of such document or thing, or the substance or contents of the document or the nature of the thing disposed of, and the identity of all persons having knowledge of such document or thing if lost state when they were determined to be lost, when, and in whose possession they were last known to exist and any known circumstances concerning their disappearance or loss. G. If any document or portion thereof is or will be withheld because of a claim of privilege or work product i State the basis on which the privilege is or will be claimed and the facts supporting such claim. ii Identify the author and signatory of the document. iii. Identify each person to whom the document indicates the original or a copy thereof was sent, and any others who at any time possessed the document. Identify all persons who have or have had access to or received a copy of the document or any portions thereof. iv. Give the date of the document. v Describe the subject matter and length of the document or portion thereof for which the privilege is claimed. H. The use of a verb in any tense shall encompass all other tenses, wherever necessary to bring within the scope of the following requests documents that might otherwise be construed as outside their scope. L The use of a word in its singular form shall be deemed to include within its use the plural as well, and vice versa, wherever necessary to bring within the scope of the following requests documents that might otherwise be construed to be outside their scope. J. For any Electronically Stored Information, as more fully defined below, please identify the storage medium in which it is retrieved (e-mail, other electronic documents including -3-CASE NO. 17-14568 CA 01 documents on any personal laptop, home computer, removable media devices, floppy disks, tapes, CD ROMS, DVDs, zip disks and/or drives, flash drives and other removable drives, personal digital assistants or similar devices (such as a smart phone, iPad, or Blackberry), or any other storage medium) and produce it in the form in with it is ordinarily maintained or in a reasonably usable form, unless otherwise stipulated by Defendant or ordered by the court. Should Plaintiff choose to produce these records electronically, the records should be produced as images with extracted text and must include the following metadata fields: i. Author ii TO iti FROM iv cc Vv BCC vi. Create Date vii. Sent Date viii. | Receive Date ix. Subject x Title kK. All definitions and rules of construction set forth in the Florida Rules of Civil Procedure, including Rule 1.350, shall apply to all discovery Requests. DEFINITIONS The following terms and definitions pertain to the requests for production of documents. a) The term “Plaintiff” or “you” or “your/s” refers to 951 HARBOR DRIVE, LLC, aka, “951 Harbor” and all of its employees, agents, and representatives. b) The term “GONZALEZ” refers to Defendant N. Oscar Gonzalez, PE. And all of his employees, representatives, agents, servants, workers, and day laborers. ¢) The term “PURE” refers to Privilege Underwriters Reciprocal Exchange and all of its owners, principals, employees, representatives, agents, servants, adjusters, workers, and day laborersCASE NO. 17-14568 CA 01 d) The term “Defendants” refers to SD Construction, Merick Roofing, and Gonzalez. e) The term “Property” refers to 951 Harbor Drive, Key Biscayne, Florida 33149. f) The terms “Guardrail system” shall refer to railings and cable-railing system installed on the roof decks of the Property g) The term “Incident or incidents” refers to the water damage events that occurred at the Property, as further described in Plaintiff's Complaint and in Pure v. SD Constuction 2017- 6935 CAI5S h) The term “Damages” refers to any and all damages relating to the Incident. i) The terms “work”, “services” and “work and services” refer to any and all work and services Plaintiffs, their agents, assigns, contractors, subcontractors, performed at and/or for the Property, including but not limited to actual labor, manual labor, estimating work, construction work, weather protection, jobsite supervision, phasing and/or sequencing work, inspections and approvals of work, hiring/supervising/directing workers, independent contractors and subcontractors, and any other types of construction or improvement work for the Property. jd The term “document” is to be construed in the most liberal sense, and is intended to include within its definition the memorialization of any thought, idea, note, message, visual image or statement through any medium capable of duplication, including but not limited to: email, written document, typed document, videotape, audiotape, computer disc, compact disc, and/or photographs. k) “Communication” and “correspondence” means the transmittal of information, including but not limited to facts, ideas, inquiries, or otherwise, from one person to another including, but not limited to, (a) by means of a document, such as a letter; (b) by electronic means, such as email, texting, instant messaging, blogging or other social media messaging service; or (c) by verbal means, such as telephone or face-to-face discussion.CASE NO. 17-14568 CA 01 1) “Concerning” and “related to” mean relating to, referring to, alluding to, responding to, connected with, commenting on, in respect of, about, regarding, discussing, showing, describing, reflecting, identifying, dealing with, consisting of, explaining, analyzing, constituting, mentioning, recording, containing, enumerating, supporting, concerning, or pertaining to, in whole or in part, directly or indirectly, or in any way relevant to the specified subject. m) “Document” and “documentation” shall have the broadest meaning accorded to it by Rule 1.350 of the Florida Rules of Civil Procedure. “Document” means the original and all non- identical copies and drafts, regardless of origin or location, of any writing and any written, printed, typed or other graphic or photographic matter of any kind or description, in draft or final form, including but not limited to, correspondence, letters, telegrams, facsimiles, cables, telex messages, e-mail, memoranda, notes, interoffice and interdepartmental communications, transcripts, minutes of conversations or meetings, reports, studies, any audio or video recordings, voicemail, contracts, calendar or diary entries, pamphlets, handwritten notes, charts, tabulations, records of meetings, conferences, telephone or other conversations or communications, and tapes or slides, and other data compilations from which information can be obtained or translated, if necessary, through detection devices into reasonably usable form, and all other records kept by electronic, photographic, or mechanical means however denominated, which are in Plaintiff's possession, custody, or control. If a document has been prepared in several copies, or additional copies have been made, or copies are not identical (or, which by reason of subsequent modification of a copy by the addition of notations or other modifications, are no longer identical), each non-identical copy is a separate document. The term “document” shall include the original and any copies that differ in any manner whatsoever from the original (whether different from the original because of notes made on such copy or otherwise) and any drafts thereof. Document includes all Electronically-Stored Information, as further defined below. n) “Each” shall be construed to include the word “every.” 0) “Electronically-Stored Information” or “ESI” means electronic records or other data compilations including, but not limited to, text files; presentation files; spread sheets; correspondence (such as faxes, telephone messages or other voicemails, e-mails including logs of e-mail history and usage, header information, and deleted e-mail files and e-mail archive folders); -6-CASE NO. 17-14568 CA 01 internet history files, cookies, or preferences; graphical files in any format (such as videos or photographs); databases; calendar and scheduling information; task lists; telephone logs; contact managers; computer system activity logs; and all file fragments and backup files containing electronic data. ESI includes information stored not only on Plaintiff's personal computer but also includes information stored on any other computers that Plaintiff has used and to which Plaintiff has access and also includes information stored on other media devices such as cell phones, personal digital assistants (“PDAs”), smartphones, tablets, iPods, laptop computers, USB drives (also known as microvaults), hard drives, zip drives, back-up drives, shared servers, tape drives, floppy disks, memory cards, databases, DVDs, CDs, Blu-rays, thumb and pin drives, any technology with USB capability (such as wristwatches and pens), any device on which information can be downloaded, transmitted, or saved to via an infrared connection, or other technology or device by which documents or information can be downloaded, transmitted, or saved. p) “Person” means and include, without limiting the generality of its meaning, any natural person; corporate or business entity; firm; partnership; association, unincorporated association, trust or any other legal, business or government entity, agency, or subdivision; committee; commission; or other organization or entity. q) “Possession” means possession, control, or custody by the entity or by any past or present officers, directors, agents, servants, and employees, as well as any of its past or present affiliates, divisions, subdivisions, departments, predecessors or successors in interest and their present or former officers, directors, agents, servants and employees. r) “Repair Work” means the repair work conducted on the Subject Property. REQUEST TO PRODUCE 1. Please produce all documents and communications that support your allegations in 950-54 of Plaintiff s Complaint. 2. Please produce all documents and correspondence between 951 Harbor and PURE including but not limited to all insurance estimates relating to the alleged incidents.CASE NO. 17-14568 CA 01 3. Please produce all documents and correspondence between 951 Harbor and everyone else except PURE that in any way relate to the damages or repairs regarding the alleged incidents. 4, Please produce all estimates, documents, invoices, contracts, emails, communications, correspondence and records of any kind relating to any work, services, estimates, and/or proposals for work and/or services for the Property as a result of the alleged incidents. 5. If you claim that any action or omission by GONZALEZ contributed in any way to the damages you seek, produce all documents and communications that support same. 6. Please produce all documents that reflect payments made by PURE to anyone or any entity including but not limited to 951 Harbor as a result of or in any way relating to the incidents 7. Any and all diagrams, schematics, and/or layouts showing the location of alleged construction defects at the property, which would not fall under the attorney-client or work-product privilege. 8. Any and all videos, photographs, jpegs, thumbnails, or digital images showing any damage the property that in any way relate to the incidents 9. Any and all contracts and written agreements between Plaintiff and any third-party inspecting service charged with the responsibility of inspecting the Property to determine the cause of the damages to the property for the incident at issue 10. Any and all photographs, videotapes, images, sketches, and/ or diagrams regarding repairs performed by Plaintiffs on the property relating in any way to the incidents. 11. All reports or records prepared that document or memorialize any testing that took place on the property related to the incidents. 12. All documents or information from any experts retained by the Plaintiff, its agents, assigns, representatives, insurers that in any way relate to the cause of damages for the incidents.CASE NO. 17-14568 CA 01 13. Any and all documents reflecting bids, quotes, and/or proposals relating to investigation, design, construction, and/or performance of any modifications, repairs, or remedial work performed or to be performed in connection with the Lawsuit pertaining to the alleged issues, items, defects, and/or deficiencies described in Plaintiffs Complaint, including the exhibits attached thereto. 14. Any and all estimates for repair/remediation work to be performed on subject property 15. All checks or other form of payment including but not limited to any and all documents evidencing payment relating to the incidents. 16. — Copies of all plans, specifications, shop drawings, catalog cut-out sheets, submittals, contracts, bids, agreements, and change orders pertaining to remediation and/or repair work performed on the property 17. All manufacturers’ specifications and/or warranties pertaining to materials used by anyone or any entity including but not limited to any subcontractor or contractor or laborer in connection with remediation, repair, of property 18. All written reports and/or similar documents evidencing inspections and/or examinations performed in connection with construction, remediation, repair work performed on property 19. To the extent not provided above, your entire file pertaining to construction, remediation, and/or repair work performed on the subject property relating in any way to the incidents. 20. All documents provided to you by any and/or all DefendantsCASE NO. 17-14568 CA 01 CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy of the foregoing has been furnished to the parties on the service list via Florida Court’s E-Filing Portal in accordance with Fla. R Jud Admin. 2.516 on this 6" day of Mar-19 Respectfully Submitted JLP LEGAL Park Place of Kendall I, 13380 SW 128 Street, Miami FL 33186 Tel: 305-273-3901 By: /s/ Jorge L. Pinon, Esq. Jorge L. Pinon, Esq. Fla Bar No.: 023226 Primary: service@jlplegal.com SERVICE LIST 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 a Counsel for Plaintiffs Robert J. Alwine, Esq. Robert Joseph Alwine, P.A. 240 Crandon Blvd., Ste. 263 Key Biscayne, FL 33149 Telephone: (305) 965-0813 Robert(@robertalwine.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 -10-