Preview
Filing # 58338696 E-Filed 06/27/2017 05:00:34 PM
IN THE COUNTY COURT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO: 16-31411 CA (41)
ARLEN HOUSE EAST CONDOMINIUM
ASSOCIATION INC.,
Plaintiff,
v.
AHE RESTAURANT MANAGEMENT
GROUP, LLC & ALL OTHER TENANTS
IN POSSESSION,
Defendants.
/
ASSOCIATION LANDLORD’S RESPONSE TO COMMERCIAL TENANT’S SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS
ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION INC. (“Association Landlord”)
responds and objects to AHE RESTAURANT MANAGEMENT GROUP, LLC's (“Tenant”) Second
Request for Production of documents
GENERAL OBJECTIONS
Association Landlord sets forth the following general objections to Tenant’s Request for
Production of Documents and the accompanying Definitions and Instructions. The following
objections apply to each of the Requests, Definitions or Instructions whether or not separately set
forth in response to a specific Request. Association Landlord objects to
1, the Requests, Instructions and Definitions, to the extent that they purport to impose
obligations on Association Landlord that are inconsistent with or beyond the scope of those imposed
by the Florida Rules of Civil Procedure. This objection includes, but is not limited to, an objection
to each of the Requests, Instructions or Definitions to the extent that they purport to seek information
outside of Association Landlord’s knowledge;2. the Requests, Instructions and Definitions to the extent they purport to require the
disclosure of documents, information or things protected by the work product doctrine, attorney-
client privilege, and/or other applicable privilege and to the extent that any Request, Instruction or
Definition seeks information, some or all of which is privileged, Association Landlord’s response, if
any, will be based solely upon and involve only information that is not privileged or does not
constitute work product, and inadvertent disclosure shall not be deemed a waiver of any applicable
privilege or work product protection;
3 the Requests to the extent they may seek the disclosure of documents containing
mental impressions, conclusions, opinions, or legal theories of Association Landlord or its counsel
subject to the work product privilege;
4. the Requests to the extent that they may seek any information and/or documents,
including witness statements that were prepared in anticipation of litigation or for trial by or for
Association Landlord by Association Landlord's representatives, on the grounds that any such
information or documents are privileged from discovery absent the requisite showings of
“substantial need” and “undue hardship” by Tenant; and
5. to the use of the term "all" as used to modify a category of documents as it may be
inherently overbroad in context.
Association Landlord reserves the right to amend these Responses.
Page - 2 - of 4REQUESTS
1, Any and all documents and/or correspondence pertaining to and/or relating in any
way to Defendant made via the Plaintiff, board members, management, contractors, subcontractors,
vendors and any other individuals and/or entities involved and/or employed, and/or contracted with
by Plaintiff from February 24, 2014 through the date of this request regarding the Restaurant.
Including but not limited to:
a. Emails and text messages from the President of the Board of Directors (Alex
Amselem) to any and all other Board Members, past and present from February 24, 2014 through the
date of this request.
Association Landlord objects to Request # 1 on the grounds that it is overbroad, vague and
confusing and is irrelevant to any issue in this case and not likely to lead to the discovery of
admissible evidence. In addition, the request is unduly burdensome in that it requests the
President of the Board of Directors, and 11 other board members —all of whom are volunteers
-- and none of whom are parties to these proceedings, to review all of their emails and texts to
identify emails and text messages between them and PAST MEMBERS for a period of 3 4
years and to go through the onerous task of separating arguably responsive emails from all of
their other business and personal messages.
2. Any and all documents, correspondence, proposals, advertising, negotiations, and/or
offers regarding potential lessees to the Property not named the Defendant from February 24, 2014
through the date of this request
Association Landlord, which is not a public entity, objects to Request # 2 on the grounds that it
is irrelevant and not likely to lead to the discovery of admissible evidence and is unduly
burdensome; Tenant is not entitled to discovery of documents relating to negotiations to
potentially lease the Leasehold which it voluntarily abandoned and which it admitted that it is
not seeking to regain possession. In addition, Tenant seeks confidential and proprietary
business information between the Association Landlord and third persons that, if disclosed,
could afford an unfair advantage to all other bidders.
3. Any and all documents, and/or correspondence pertaining to the financials associated with
the Restaurant/Property (including but not limited to costs of renovations, vendors, supplies, work
completed by Plaintiff, and work not completed by Plaintiff)
Association Landlord adopts its response to Request #2.
4 Any and all documents, and/or correspondence pertaining to the following permits; permit
B2014-1502, permit PL2014-710, and permit EL2014-669 between the Plaintiff and Defendant,
Board Members, Management, Employees of the Plaintiff, vendors, contractors, subcontractors, the
City of Sunny Isles, FL and/or city employees of the City of Sunny Isles, FL.Association Landlord objects to Request # 4 on the grounds that it is overbroad, vague,
unintelligible, unduly burdensome and confusing and is irrelevant to any issue in this case and
thus not likely to lead to the discovery of admissible evidence.
5. Any and all documents, and/or correspondence including but not limited to association and/or
board meeting minutes with approved resolutions, complete transcripts of association/board
meetings, board meeting notices, newsletters, updates, and/or notifications sent via the Board and/or
Management regarding the Restaurant and/or the Defendant from February 24, 2014 through the
date of this request.
Association Landlord objects on the grounds that Request #5 is overbroad, vague, unduly
burdensome, and seeks irrelevant information that is not likely to lead to admissible evidence.
In addition, the Request seeks confidential minutes and communications that are not public
record.
s/, Susan H. Aprill
Shari Wald Garrett Susan H. Aprill
Fla. Bar No. 0497835 Fla. Bar No. 346934
email: sgarrett@srhl-law.com Email: saprill@fowler-white.com
SIEGFRIED, RIVERA, HYMAN, Alexandra L. Tifford
LERNER, DE LA TORRE, MARS Fla. Bar No. 0178624
& SOBEL, P.A. Email: atifford@fowler-white.com
201 Alhambra Cir #1102
Coral Gables, FL 33134 FOWLER WHITE BURNETT, P.A.
Phone: (305)442-3334 One Financial Plaza, Suite 2100
Fax: (305) 443-3292 100 Southeast Third Avenue
Fort Lauderdale, Florida 33394
Telephone: (954) 377-8100
Facsimile: (954) 377-8101
Counsel for Arlen House East Condominium
Association, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 27, 2017, the foregoing Response to Commercial
Tenant’s Second Request for Production was electronically filed with the Clerk of the Court using
Florida e-filing portal & is being served on Burton F. Landau and Nima Ajabshir, South Florida
Law, PLLC, 1920 E. Hallandale Beach Boulevard, Suite 900, Hallandale Beach, FL 33009,
service@southfloridapllc.com and burton@southfloridalawpllc.com by transmission of Notices of
Electronic Filing generated by Florida e-filing portal
s/, Susan H. Aprill
Preview
Filing # 58338696 E-Filed 06/27/2017 05:00:34 PM IN THE COUNTY COURT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: 16-31411 CA (41) ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION INC., Plaintiff, v. AHE RESTAURANT MANAGEMENT GROUP, LLC & ALL OTHER TENANTS IN POSSESSION, Defendants. / ASSOCIATION LANDLORD’S RESPONSE TO COMMERCIAL TENANT’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION INC. (“Association Landlord”) responds and objects to AHE RESTAURANT MANAGEMENT GROUP, LLC's (“Tenant”) Second Request for Production of documents GENERAL OBJECTIONS Association Landlord sets forth the following general objections to Tenant’s Request for Production of Documents and the accompanying Definitions and Instructions. The following objections apply to each of the Requests, Definitions or Instructions whether or not separately set forth in response to a specific Request. Association Landlord objects to 1, the Requests, Instructions and Definitions, to the extent that they purport to impose obligations on Association Landlord that are inconsistent with or beyond the scope of those imposed by the Florida Rules of Civil Procedure. This objection includes, but is not limited to, an objection to each of the Requests, Instructions or Definitions to the extent that they purport to seek information outside of Association Landlord’s knowledge;2. the Requests, Instructions and Definitions to the extent they purport to require the disclosure of documents, information or things protected by the work product doctrine, attorney- client privilege, and/or other applicable privilege and to the extent that any Request, Instruction or Definition seeks information, some or all of which is privileged, Association Landlord’s response, if any, will be based solely upon and involve only information that is not privileged or does not constitute work product, and inadvertent disclosure shall not be deemed a waiver of any applicable privilege or work product protection; 3 the Requests to the extent they may seek the disclosure of documents containing mental impressions, conclusions, opinions, or legal theories of Association Landlord or its counsel subject to the work product privilege; 4. the Requests to the extent that they may seek any information and/or documents, including witness statements that were prepared in anticipation of litigation or for trial by or for Association Landlord by Association Landlord's representatives, on the grounds that any such information or documents are privileged from discovery absent the requisite showings of “substantial need” and “undue hardship” by Tenant; and 5. to the use of the term "all" as used to modify a category of documents as it may be inherently overbroad in context. Association Landlord reserves the right to amend these Responses. Page - 2 - of 4REQUESTS 1, Any and all documents and/or correspondence pertaining to and/or relating in any way to Defendant made via the Plaintiff, board members, management, contractors, subcontractors, vendors and any other individuals and/or entities involved and/or employed, and/or contracted with by Plaintiff from February 24, 2014 through the date of this request regarding the Restaurant. Including but not limited to: a. Emails and text messages from the President of the Board of Directors (Alex Amselem) to any and all other Board Members, past and present from February 24, 2014 through the date of this request. Association Landlord objects to Request # 1 on the grounds that it is overbroad, vague and confusing and is irrelevant to any issue in this case and not likely to lead to the discovery of admissible evidence. In addition, the request is unduly burdensome in that it requests the President of the Board of Directors, and 11 other board members —all of whom are volunteers -- and none of whom are parties to these proceedings, to review all of their emails and texts to identify emails and text messages between them and PAST MEMBERS for a period of 3 4 years and to go through the onerous task of separating arguably responsive emails from all of their other business and personal messages. 2. Any and all documents, correspondence, proposals, advertising, negotiations, and/or offers regarding potential lessees to the Property not named the Defendant from February 24, 2014 through the date of this request Association Landlord, which is not a public entity, objects to Request # 2 on the grounds that it is irrelevant and not likely to lead to the discovery of admissible evidence and is unduly burdensome; Tenant is not entitled to discovery of documents relating to negotiations to potentially lease the Leasehold which it voluntarily abandoned and which it admitted that it is not seeking to regain possession. In addition, Tenant seeks confidential and proprietary business information between the Association Landlord and third persons that, if disclosed, could afford an unfair advantage to all other bidders. 3. Any and all documents, and/or correspondence pertaining to the financials associated with the Restaurant/Property (including but not limited to costs of renovations, vendors, supplies, work completed by Plaintiff, and work not completed by Plaintiff) Association Landlord adopts its response to Request #2. 4 Any and all documents, and/or correspondence pertaining to the following permits; permit B2014-1502, permit PL2014-710, and permit EL2014-669 between the Plaintiff and Defendant, Board Members, Management, Employees of the Plaintiff, vendors, contractors, subcontractors, the City of Sunny Isles, FL and/or city employees of the City of Sunny Isles, FL.Association Landlord objects to Request # 4 on the grounds that it is overbroad, vague, unintelligible, unduly burdensome and confusing and is irrelevant to any issue in this case and thus not likely to lead to the discovery of admissible evidence. 5. Any and all documents, and/or correspondence including but not limited to association and/or board meeting minutes with approved resolutions, complete transcripts of association/board meetings, board meeting notices, newsletters, updates, and/or notifications sent via the Board and/or Management regarding the Restaurant and/or the Defendant from February 24, 2014 through the date of this request. Association Landlord objects on the grounds that Request #5 is overbroad, vague, unduly burdensome, and seeks irrelevant information that is not likely to lead to admissible evidence. In addition, the Request seeks confidential minutes and communications that are not public record. s/, Susan H. Aprill Shari Wald Garrett Susan H. Aprill Fla. Bar No. 0497835 Fla. Bar No. 346934 email: sgarrett@srhl-law.com Email: saprill@fowler-white.com SIEGFRIED, RIVERA, HYMAN, Alexandra L. Tifford LERNER, DE LA TORRE, MARS Fla. Bar No. 0178624 & SOBEL, P.A. Email: atifford@fowler-white.com 201 Alhambra Cir #1102 Coral Gables, FL 33134 FOWLER WHITE BURNETT, P.A. Phone: (305)442-3334 One Financial Plaza, Suite 2100 Fax: (305) 443-3292 100 Southeast Third Avenue Fort Lauderdale, Florida 33394 Telephone: (954) 377-8100 Facsimile: (954) 377-8101 Counsel for Arlen House East Condominium Association, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 27, 2017, the foregoing Response to Commercial Tenant’s Second Request for Production was electronically filed with the Clerk of the Court using Florida e-filing portal & is being served on Burton F. Landau and Nima Ajabshir, South Florida Law, PLLC, 1920 E. Hallandale Beach Boulevard, Suite 900, Hallandale Beach, FL 33009, service@southfloridapllc.com and burton@southfloridalawpllc.com by transmission of Notices of Electronic Filing generated by Florida e-filing portal s/, Susan H. Aprill