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Filing # 55136514 E-Filed 04/17/2017 12:41:29 PM
IN THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 16-31411 CA (41)
ARLEN HOUSE EAST CONDOMINIUM
ASSOCIATION, INC.,
Plaintiff,
Vv.
AHE RESTAURANT MANAGEMENT
GROUP, LLC AND ALL OTHER TENANTS
IN POSSESSION,
Defendant,
Vv.
ARLEN HOUSE EAST CONDOMINIUM
ASSOCIATION, INC.,
Counter-defendant.
RESPONSE TO REQUEST FOR PRODUCTION BY ARLEN HOUSE EAST
CONDOMINIUM ASSOCIATION, INC.
Plaintiff/counter-defendant Arlen House East Condominium Association, Inc.
("Association") serves its Response to Defendant/counter-plaintiff AHE Restaurant Management
Group, LLC’s Request for Production (“AHE”).
GENERAL OBJECTIONS
Association sets forth the following general objections to AHE’s Request for Production of
Documents to Association 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 objects to:1, the Requests, Instructions and Definitions, to the extent that they purport to impose
obligations on Association 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’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. To the extent that any Request, Instruction or
Definition seeks information, some or all of which is privileged, Association’s response, if any, to
such Request, Instruction or Definition will be based solely upon and involve only information that
is not privileged or does not constitute work product. Inadvertent disclosure shall not waive 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 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 by Association'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 AHE
5 to the use of the term "all" as used to modify a category of documents as it may be
inherently overbroad in context.
6 Association reserves the right to amend the instant Response
Page - 2 - of 3REQUEST
1, Any and all documents, receipts, invoices and/or bills showing outstanding/unpaid
partially paid and/or full payment, for any and all work commenced and/or completed on the
Property, on or after January 19, 2017, through the date of this request.
Response: Responsive documents will be produced with this response
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
THEREBY CERTIFY that on April 17, 2017, the foregoing Response to AHE’s 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
4852-4533-5366, v. 1
Page 3 of 3
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Filing # 55136514 E-Filed 04/17/2017 12:41:29 PM IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 16-31411 CA (41) ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC., Plaintiff, Vv. AHE RESTAURANT MANAGEMENT GROUP, LLC AND ALL OTHER TENANTS IN POSSESSION, Defendant, Vv. ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC., Counter-defendant. RESPONSE TO REQUEST FOR PRODUCTION BY ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC. Plaintiff/counter-defendant Arlen House East Condominium Association, Inc. ("Association") serves its Response to Defendant/counter-plaintiff AHE Restaurant Management Group, LLC’s Request for Production (“AHE”). GENERAL OBJECTIONS Association sets forth the following general objections to AHE’s Request for Production of Documents to Association 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 objects to:1, the Requests, Instructions and Definitions, to the extent that they purport to impose obligations on Association 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’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. To the extent that any Request, Instruction or Definition seeks information, some or all of which is privileged, Association’s response, if any, to such Request, Instruction or Definition will be based solely upon and involve only information that is not privileged or does not constitute work product. Inadvertent disclosure shall not waive 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 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 by Association'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 AHE 5 to the use of the term "all" as used to modify a category of documents as it may be inherently overbroad in context. 6 Association reserves the right to amend the instant Response Page - 2 - of 3REQUEST 1, Any and all documents, receipts, invoices and/or bills showing outstanding/unpaid partially paid and/or full payment, for any and all work commenced and/or completed on the Property, on or after January 19, 2017, through the date of this request. Response: Responsive documents will be produced with this response 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 THEREBY CERTIFY that on April 17, 2017, the foregoing Response to AHE’s 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 4852-4533-5366, v. 1 Page 3 of 3