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Filing # 128289572 E-Filed 06/08/2021 10:02:32 AM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
PABLO GORORDO and GLENDA
LUCIA SANTIAGO DE AGUILAR as Case No. CACE-21-010675 (12)
parent and natural guardian of D.A.S.
and J.A.S., minors,
Plaintiffs,
VS.
H&C INTERNATIONALTRADING LLC,
and CLARA ROBINSON, PA,
Defendants.
PLAINTIFFS' FIRST REQUEST TO PRODUCE TO DEFENDANTS
The Plaintiff, PABLO GORORDO and GLENDA LUCIA SANTIAGO DE
AGUILAR, as parent and natural guardian of D.A.S. and J.A.S., minors, by and through
undersigned counsel, hereby serves this First Request to Produce to the Defendants,
H&C INTERNATIONAL TRADING LLC and CLARA ROBINSON, PA, requests that the
Defendants produce the following documents at the offices of undersigned counsel
within forty-five (45) days of service of this request.
INTRODUCTION & DEFINITIONS
A. These
requests are directed toward all documents and information known
or available to
Defendants, including information contained in the records and
documents in Defendants' custody or control or available to Defendants upon
reasonable inquiry. Where requested documents do not exist, please state that the
document does not exist.
B. Each
request for production of documents is to be deemed a continuing
one. If, after serving any requested document, Defendants obtain any further
documentation pertaining to that request for production, Defendants are requested to
serve a supplemental answer setting forth copies of additional documents.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/08/2021 10:02:32 AM.****
C. All documents produced pursuant hereto are to be
they are produced as
kept in the usual course of business or shall be organized and labeled (without
permanently marking the item produced) so as to correspond with the categories of
each numbered request hereof.
D. "You" or "Your" refers to the Person
(as defined below) to whom this
request is addressed, including his/her/its employees, agents, servants, subsidiaries,
parent company, affiliated company, and other persons acting for or in concert with or
purporting to act on the Defendants' behalf, including your Representative (as defined
below).
E- "Defendant" shall mean H&C INTERNATIONAL TRADING LLC and/or
CLARA ROBINSON, PA, and includes all nicknames, pseudonyms and/or misnomers in
any papers or documents referencing the defendant or any liability or obligation
attributable to them.
F. "Plaintiff' shall mean any or all of the Plaintiffs named in the Complaint
filed in this matter.
G. "Person" means any natural individual in any capacity whatsoever or any
entity or organization, including divisions, departments, and other units herein, and shall
include, but not be limited to, public or private corporations, partnerships,joint ventures,
voluntary or unincorporated associations, organizations, proprietorships, trusts, estates,
governmental agencies, commissions, bureaus, or departments, and the agents,
servants, and employees of same.
H. "Representative" means any and all agents, employees, servants, officers,
directors, attorneys, or other persons acting or purporting to act on behalf of the person
in question, including insurance company employees.
' "Employees" shall include not
only full time salaried positions but all those
performing of services of any type for Defendant(s), whether compensated or not,
including, but not limited to, part-time, contractors, formal or informal advisory and
consulting services
J If you
object to providing any discovery or fail to fully provide, or fail to
provide any production on the grounds of privilege or protection of trial preparation
material, you are required to:
a- Make the claim directly;
b. Describe the nature of the documents, communications, or things
not produced or disclosed in a manner that, without revealing
information itself privileged or protected, will enable the party
propounding this Request for Production to assess the applicability
of the privilege or protection.
C In any of the documents encompassed by the attached request for
production of documents is/are deemed by you to be privileged,
furnish all non-privileged documents.
K. When appropriate, the singular form of a word should be interpreted in the
plural asmay be necessary to bring within the scope hereof any documents which
might otherwise be construed to be outside the scope thereof.
L- "Document(s)" or "Writing(s)" shall be deemed to include every record of
every type, and is used in the broadest sense and includes any medium upon which
intelligence or information can be recorded and further includes, but is not limited to, all
originals, nonidentical copies and drafts of the following items, whether printed,
handwritten, typed, recorded, sent, received or stored via electronic or digital means or
device, or reproduced by hand, including without limitation correspondence,
memoranda, e-mails, texts, invoices, receipts, records, Iedger cards or other accounting
records, voucher, check, shop order, diary, calendar, instruction, summaries of personal
conversations or interviews, minutes or records of meetings or conferences, transcripts,
opinions or reports of consultants, projections, drafts, contracts, agreements,
confirmations, statistical statements, studies, telegrams, telexes, books, notes, reports,
logs, diaries, audio and /or video recordings, data compilations from which information
can be obtained, charts, photographs, notebooks, drawings, plan, printed materials or
any kind, charts and interoffice communications, and any other writing of whatever
description, including but not limited to any information contained in any computer
(whether stored on a physical drive or in a cloud or virtual storage space), signed or
unsigned, regardless of whether approved, signed, sent received, redrafted, or
executed, study, work paper, handwritten note, draft, chart, paper, print, laboratory
record, drawing sketch, diagram, form graph, index, list, tape, photograph, microfilm,
data sheet, data processing card, or any other written, recorded, transcribed, punched,
taped, filmed, or graphic matter, however produced and reproduced.
M. Each draft, final document, original, reproduction, and each signed and
unsigned document and every additional copy of such document where such copy
contains any commentary, note, notation or other change whatsoever that does not
appear on the original or on the copy of the one document produced shall be deemed
and considered to constitute a separate document.
N. "Communication", "communications", or "correspondence" includes every
manner or means of disclosure, transfer, or exchange of information, and every
disclosure, transfer or exchange of information or opinion, whether orally or by
document or whether face-to-face, by telephone, mail, personal delivery, text message,
email, or otherwise.
0. As used in these requests, any references indicating the use of masculine
or feminine and any references indicating the use of singular or plural, shall be used
interchangeably.
P. The term "subject incident" as used herein, refers to the incident giving
rise to this matter as described in Plaintiffs Complaint.
Q. The words "and" and "or" as used herein shall be construed either
disjunctively orconjunctively required by
as the context to within the scope of
bring
these interrogatories any answer that might be deemed outside their scope by another
construction.
R. "Relating to" means containing, constituting, considering, comprising,
concerning, discussing, regarding, describing, reflecting, studying, commenting or
reporting on, mentioning, analyzing, or referring, alluding, or pertaining to, in whole or in
part.
S. "Identify" or "identity" means to state or a statement of:
a) in the case of person other than a natural person, its name, the
a
address of itsprincipal place of business (including zip code), its
telephone number, and the name of its chief executive officer, as
well as, if it has a person other than a natural person that ultimately
controls it, that other person's name, the address of that person's
principal place of business (including zip code), that other person's
telephone number, and the name of that other person's chief
executive officer;
b) in the case of a natural person, his or her name, business address
and telephone number, employer, and title or position;
c) in the case of a communication, its date, type (e.g., telephone
conversation or discussion), the place where it occurred, the
identity of the person who made the communication, the identity of
the person who received the communication, the identity of each
other person when it was made, and the subject matter discussed;
d) in the case of a document, the title of the document, the author, the
title or position of the author, the addressee, each recipient, the
type of document, the subject matter, the date of preparation, and
its number of pages; and
e) in the case of an agreement, its date, the place where it occurred,
the identity of all persons who were parties to the agreement, the
identity of each person who has knowledge of the agreement and
all other persons present when it was made, and the subject matter
of the agreement.
T. "Including" shall have its ordinary meaning and shall mean "including but
not limited to" and shall not indicate limitation to the examples or items mentioned.
U. References to the "subject premises" as used herein refers to the
residence located at 5201 Fletcher Street, Hollywood, Broward County, Florida.
REQUESTS
1. Allpolicies of insurance in full force and effect at the time of the incident
that is the subject of this litigation and that do or may provide coverage for the incident
that is the subject of this litigation, including any and all policies of excess insurance.
2. All
photographs, videotapes, movies or other still or moving images, taken
of thesubject incident
or reflecting the scene of the subject incident on the date of the
subject incident in the possession, custody or control of the Defendant, its agents,
servants, employees or attorneys.
3. All photographs, videotapes, movies or other still or moving images, taken
since the day after the subject incident in the possession, custody or control of the
Defendant, its agents, servants, employees or attorneys reflecting the scene of the
incident that is the subject of this litigation.
4. All documents including, but not limited to, correspondence, inspection
reports, inspection logs, contracts, field notes, work orders, invoices, emails, bids,
receipts, memorandum, permits, logs, reports or bills of Iading that in any way pertain to
the inspection and/or maintenance of the area of the subject incident during the 3 years
prior to the subject incident through the present date.
5. All documents including but not limited to correspondence by and between
Defendant and any other entity or person (other than your counsel) regarding the
subject incident, the Plaintiff, and/or the condition of the ceiling where the subject
incident occurred on the date of the subject incident.
6. All incident reports prepared, maintained and/or possessed by Defendant
regarding the incident that is the subject of this litigation.
7. All documents reflecting complaints known to Defendant pertaining or
relating to the condition of the area of the subject incident for the three years prior to the
subject incident through the present date.
8. All statements, either written or recorded, regarding the incident involving
the Plaintiff as alleged in the Plaintiffs Complaint.
9. All documents reflecting who, on the date of the subject incident, was
responsible for the inspection, maintenance and/or repair of the area where the subject
incident occurred.
10. Any and all surveillance or video recordings from the date of the subject
incident of the area where the subject incident occurred.
11. Any and all documents reflecting the procedures in effect on the date of
the subject incident for the inspection and/or maintenance of the subject premises.
12. Complete, unedited, legible, audible of any and all
surveillance material concerning and/or pertaining to Plaintiff which Defendant, at trial of
this action, intends to refer to, proffer, utilize and/or seek to introduce into evidence.
13. All documents between Defendant and any other person or entity
in
reflecting any agreement(s) pertaining any way to the maintenance services provided
at the subject premises that were in effect on the date of the subject incident.
14. All documents provided to you by any witnesses to the subject incident.
15. All documents referred to and relied upon by you in answers to
interrogatories.
16. All documents on which you rely or that contain the facts on which you
base each and every one of your affirmative defenses.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
served to Defendant together with the Complaint and Summons in this matter.
M
DATED this 8 dayof June, 2021.
THE LAW OFFICES OF
BERMAN & BERMAN, P.A.
Attorneys for the Plaintiff
Post Office Box 272789
Boca Raton, Florida 33427
Telephone (561) 826-5200
BY. /S/nUSSEHT-P.BEMUM
Russell F. Berman, Esq.
Florida Bar No.: 731501
Preview
Filing # 128289572 E-Filed 06/08/2021 10:02:32 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA PABLO GORORDO and GLENDA LUCIA SANTIAGO DE AGUILAR as Case No. CACE-21-010675 (12) parent and natural guardian of D.A.S. and J.A.S., minors, Plaintiffs, VS. H&C INTERNATIONALTRADING LLC, and CLARA ROBINSON, PA, Defendants. PLAINTIFFS' FIRST REQUEST TO PRODUCE TO DEFENDANTS The Plaintiff, PABLO GORORDO and GLENDA LUCIA SANTIAGO DE AGUILAR, as parent and natural guardian of D.A.S. and J.A.S., minors, by and through undersigned counsel, hereby serves this First Request to Produce to the Defendants, H&C INTERNATIONAL TRADING LLC and CLARA ROBINSON, PA, requests that the Defendants produce the following documents at the offices of undersigned counsel within forty-five (45) days of service of this request. INTRODUCTION & DEFINITIONS A. These requests are directed toward all documents and information known or available to Defendants, including information contained in the records and documents in Defendants' custody or control or available to Defendants upon reasonable inquiry. Where requested documents do not exist, please state that the document does not exist. B. Each request for production of documents is to be deemed a continuing one. If, after serving any requested document, Defendants obtain any further documentation pertaining to that request for production, Defendants are requested to serve a supplemental answer setting forth copies of additional documents. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/08/2021 10:02:32 AM.**** C. All documents produced pursuant hereto are to be they are produced as kept in the usual course of business or shall be organized and labeled (without permanently marking the item produced) so as to correspond with the categories of each numbered request hereof. D. "You" or "Your" refers to the Person (as defined below) to whom this request is addressed, including his/her/its employees, agents, servants, subsidiaries, parent company, affiliated company, and other persons acting for or in concert with or purporting to act on the Defendants' behalf, including your Representative (as defined below). E- "Defendant" shall mean H&C INTERNATIONAL TRADING LLC and/or CLARA ROBINSON, PA, and includes all nicknames, pseudonyms and/or misnomers in any papers or documents referencing the defendant or any liability or obligation attributable to them. F. "Plaintiff' shall mean any or all of the Plaintiffs named in the Complaint filed in this matter. G. "Person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, and other units herein, and shall include, but not be limited to, public or private corporations, partnerships,joint ventures, voluntary or unincorporated associations, organizations, proprietorships, trusts, estates, governmental agencies, commissions, bureaus, or departments, and the agents, servants, and employees of same. H. "Representative" means any and all agents, employees, servants, officers, directors, attorneys, or other persons acting or purporting to act on behalf of the person in question, including insurance company employees. ' "Employees" shall include not only full time salaried positions but all those performing of services of any type for Defendant(s), whether compensated or not, including, but not limited to, part-time, contractors, formal or informal advisory and consulting services J If you object to providing any discovery or fail to fully provide, or fail to provide any production on the grounds of privilege or protection of trial preparation material, you are required to: a- Make the claim directly; b. Describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable the party propounding this Request for Production to assess the applicability of the privilege or protection. C In any of the documents encompassed by the attached request for production of documents is/are deemed by you to be privileged, furnish all non-privileged documents. K. When appropriate, the singular form of a word should be interpreted in the plural asmay be necessary to bring within the scope hereof any documents which might otherwise be construed to be outside the scope thereof. L- "Document(s)" or "Writing(s)" shall be deemed to include every record of every type, and is used in the broadest sense and includes any medium upon which intelligence or information can be recorded and further includes, but is not limited to, all originals, nonidentical copies and drafts of the following items, whether printed, handwritten, typed, recorded, sent, received or stored via electronic or digital means or device, or reproduced by hand, including without limitation correspondence, memoranda, e-mails, texts, invoices, receipts, records, Iedger cards or other accounting records, voucher, check, shop order, diary, calendar, instruction, summaries of personal conversations or interviews, minutes or records of meetings or conferences, transcripts, opinions or reports of consultants, projections, drafts, contracts, agreements, confirmations, statistical statements, studies, telegrams, telexes, books, notes, reports, logs, diaries, audio and /or video recordings, data compilations from which information can be obtained, charts, photographs, notebooks, drawings, plan, printed materials or any kind, charts and interoffice communications, and any other writing of whatever description, including but not limited to any information contained in any computer (whether stored on a physical drive or in a cloud or virtual storage space), signed or unsigned, regardless of whether approved, signed, sent received, redrafted, or executed, study, work paper, handwritten note, draft, chart, paper, print, laboratory record, drawing sketch, diagram, form graph, index, list, tape, photograph, microfilm, data sheet, data processing card, or any other written, recorded, transcribed, punched, taped, filmed, or graphic matter, however produced and reproduced. M. Each draft, final document, original, reproduction, and each signed and unsigned document and every additional copy of such document where such copy contains any commentary, note, notation or other change whatsoever that does not appear on the original or on the copy of the one document produced shall be deemed and considered to constitute a separate document. N. "Communication", "communications", or "correspondence" includes every manner or means of disclosure, transfer, or exchange of information, and every disclosure, transfer or exchange of information or opinion, whether orally or by document or whether face-to-face, by telephone, mail, personal delivery, text message, email, or otherwise. 0. As used in these requests, any references indicating the use of masculine or feminine and any references indicating the use of singular or plural, shall be used interchangeably. P. The term "subject incident" as used herein, refers to the incident giving rise to this matter as described in Plaintiffs Complaint. Q. The words "and" and "or" as used herein shall be construed either disjunctively orconjunctively required by as the context to within the scope of bring these interrogatories any answer that might be deemed outside their scope by another construction. R. "Relating to" means containing, constituting, considering, comprising, concerning, discussing, regarding, describing, reflecting, studying, commenting or reporting on, mentioning, analyzing, or referring, alluding, or pertaining to, in whole or in part. S. "Identify" or "identity" means to state or a statement of: a) in the case of person other than a natural person, its name, the a address of itsprincipal place of business (including zip code), its telephone number, and the name of its chief executive officer, as well as, if it has a person other than a natural person that ultimately controls it, that other person's name, the address of that person's principal place of business (including zip code), that other person's telephone number, and the name of that other person's chief executive officer; b) in the case of a natural person, his or her name, business address and telephone number, employer, and title or position; c) in the case of a communication, its date, type (e.g., telephone conversation or discussion), the place where it occurred, the identity of the person who made the communication, the identity of the person who received the communication, the identity of each other person when it was made, and the subject matter discussed; d) in the case of a document, the title of the document, the author, the title or position of the author, the addressee, each recipient, the type of document, the subject matter, the date of preparation, and its number of pages; and e) in the case of an agreement, its date, the place where it occurred, the identity of all persons who were parties to the agreement, the identity of each person who has knowledge of the agreement and all other persons present when it was made, and the subject matter of the agreement. T. "Including" shall have its ordinary meaning and shall mean "including but not limited to" and shall not indicate limitation to the examples or items mentioned. U. References to the "subject premises" as used herein refers to the residence located at 5201 Fletcher Street, Hollywood, Broward County, Florida. REQUESTS 1. Allpolicies of insurance in full force and effect at the time of the incident that is the subject of this litigation and that do or may provide coverage for the incident that is the subject of this litigation, including any and all policies of excess insurance. 2. All photographs, videotapes, movies or other still or moving images, taken of thesubject incident or reflecting the scene of the subject incident on the date of the subject incident in the possession, custody or control of the Defendant, its agents, servants, employees or attorneys. 3. All photographs, videotapes, movies or other still or moving images, taken since the day after the subject incident in the possession, custody or control of the Defendant, its agents, servants, employees or attorneys reflecting the scene of the incident that is the subject of this litigation. 4. All documents including, but not limited to, correspondence, inspection reports, inspection logs, contracts, field notes, work orders, invoices, emails, bids, receipts, memorandum, permits, logs, reports or bills of Iading that in any way pertain to the inspection and/or maintenance of the area of the subject incident during the 3 years prior to the subject incident through the present date. 5. All documents including but not limited to correspondence by and between Defendant and any other entity or person (other than your counsel) regarding the subject incident, the Plaintiff, and/or the condition of the ceiling where the subject incident occurred on the date of the subject incident. 6. All incident reports prepared, maintained and/or possessed by Defendant regarding the incident that is the subject of this litigation. 7. All documents reflecting complaints known to Defendant pertaining or relating to the condition of the area of the subject incident for the three years prior to the subject incident through the present date. 8. All statements, either written or recorded, regarding the incident involving the Plaintiff as alleged in the Plaintiffs Complaint. 9. All documents reflecting who, on the date of the subject incident, was responsible for the inspection, maintenance and/or repair of the area where the subject incident occurred. 10. Any and all surveillance or video recordings from the date of the subject incident of the area where the subject incident occurred. 11. Any and all documents reflecting the procedures in effect on the date of the subject incident for the inspection and/or maintenance of the subject premises. 12. Complete, unedited, legible, audible of any and all surveillance material concerning and/or pertaining to Plaintiff which Defendant, at trial of this action, intends to refer to, proffer, utilize and/or seek to introduce into evidence. 13. All documents between Defendant and any other person or entity in reflecting any agreement(s) pertaining any way to the maintenance services provided at the subject premises that were in effect on the date of the subject incident. 14. All documents provided to you by any witnesses to the subject incident. 15. All documents referred to and relied upon by you in answers to interrogatories. 16. All documents on which you rely or that contain the facts on which you base each and every one of your affirmative defenses. I HEREBY CERTIFY that a true and correct copy of the foregoing has been served to Defendant together with the Complaint and Summons in this matter. M DATED this 8 dayof June, 2021. THE LAW OFFICES OF BERMAN & BERMAN, P.A. Attorneys for the Plaintiff Post Office Box 272789 Boca Raton, Florida 33427 Telephone (561) 826-5200 BY. /S/nUSSEHT-P.BEMUM Russell F. Berman, Esq. Florida Bar No.: 731501