Preview
Filing # 14657795 Electronically Filed 06/10/2014 05:32:23 PM
IN THE CIRCUIT COURT OF THE 11™
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO. 09-36802 CA 11
WAREHOUSE 1050 CORP.,
J AND J REFRIGERATION SUPPLY, INC.,
and AME MANUFACTURING CORP.,
Plaintiff,
vs.
FLORIDA SOL CORP.,
COMCAST CABLE COMMUNICATIONS
HOLDINGS, INC., COMCAST CABLE
HOLDINGS, LLC, COMCAST OF MIAMI, INC.,
and JOHN & JANE DOES 1-100
Defendants.
/
PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS TO COMCAST
Plaintiffs, WAREHOUSE 1050 CORP., J AND J REFRIGERATION SUPPLY, INC.,
and AME MANUFACTURING CORP, (hereinafter “Plaintiffs”), by and through the
undersigned counsel, and in accordance with Rule 1.370 of the Florida Rules of Civil Procedure,
hereby requests that Defendants, COMCAST CABLE COMMUNICATIONS HOLDINGS,
INC., COMCAST CABLE HOLDINGS, LLC, COMCAST OF MIAMI, INC., (hereinafter
“Comcast”), admit or deny the truth of each request according to and within the time prescribed
by the Federal Rules of Civil Procedure.
DEFINITIONS AND INSTRUCTIONS
1. “You” shall mean Defendants, COMCAST CABLE COMMUNICATIONS
FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-9077HOLDINGS, INC., COMCAST CABLE HOLDINGS, LLC, COMCAST OF MIAMI,
INC., any instrumentalities otherwise under their control and/or acting on their behalf,
and their officers, directors, employees, agents, servants, representatives, and all other
individuals acting on their behalf.
2. “Plaintiffs” shall mean and refer to Plaintiffs, WAREHOUSE 1050 CORP., J AND J
REFRIGERATION SUPPLY, INC., and AME MANUFACTURING CORP.
3. The term “Real Property” shall mean and refer to the real property located at 1050 NW
21 Street Miami, Florida, owned by Plaintiffs WAREHOUSE 1050 CORP.
4. The term “Building” shall mean and refer to the building located on the Real Property.
REQUESTS FOR ADMISSIONS
1. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the Building.
2. Please admit that in July 2005, Comcast knew that a cable belonging to Comcast was
touching and/or lying on the roof of the Building.
3. Please admit that on or before the end of August 2005, Plaintiffs requested Comcast to
remove a cable belonging to Comcast that was touching and/or lying on the roof of the
Building.
4. Please admit that a cable belonging to Comcast that was touching and/or lying on the roof
of the Building in July 2005; was not removed until 2006.
5. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the Building, and that the cable caused physical damage to the roof of the
Building.
6. Please admit that in July 2005, Plaintiffs demanded of Comcast that it repair damage to
the roof to the Building that was caused by a cable belonging to Comcast.
7. Please admit that neither Comcast nor anyone hired by Comcast ever repaired the damage
caused to the Building by the Cable touching and/or laying on the roof of the Building.
FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-90778. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the Building, without permission or authority of Plaintiff.
9. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the Building, without the right to have said cable touch and/or lay on the
roof of the Building.
10. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the building and that this constituted a trespass against Plaintiffs.
11. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the building and that this constituted a trespass by Comcast against
Defendants.
12. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the Building, which had caused damage to the Building, and that Building
sustained further damage as a result of the cable not being removed until 2006.
13. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the Building, which had caused damage to the Building, and that Building
sustained further damage as a result of the cable not being removed and a hurricane(s)
passing over the Building.
14. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the Building, and that Comcast was negligent in not removing the cable
until 2006.
15. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the Building, and that Comcast was negligent in not removing the cable
until 2006, which negligence directly and proximately caused damage to the Building.
16. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying
on the roof of the building and that this trespass directly and proximately caused damage
to the Building.
FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-907717. Please admit that Comcast refused to allow employees from Comcast to remove the cable
touching and/or lying on the roof of the Building.
18. Please admit that Comcast committed a trespass on the real property.
19. Please admit that Comcast committed a trespass on the real properly which caused
damage to the Building.
Dated: June 10, 2014
Miami, Florida
Respectfully submitted,
FOREMAN FRIEDMAN, PA
BY: /s/ Gregory R.Elder
Gregory R. Elder, Esq.
Jeffrey E. Foreman, Esq.
Florida Bar No. 0240310
jforeman@fflegal.com
Gregory R. Elder, Esq.
Florida Bar No. 54006
zelder@fflegal.com
One Biscayne Tower, Suite 2300
2 South Biscayne Boulevard
Miami, FL 33131
Phone: 305-358-6555
Fax: 305-374-9077
Attorneys for Plaintiff
FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-9077CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 10" day of June, 2014, that the foregoing document is
being served via HAND-DELIVERY to Angela D. Daker, Esq., Jaime A. Bianchi, Esq., WHITE &
CASE, LLP, 200 S. Biscayne Blvd, Suite 4900, Miami, FL 33131-2352.
BY: /s/ Gregory R. Elder
Gregory R. Elder, Esq.
Service List
Steven J. Lachterman, Esq.
2655 LeJeune Road, PH 1-D
Coral Gables, FL 33134
Email: steven@lachterman.com
Luis Perez, Esq.
Angelica Torrents, Esq.
Mark Pomeranz, Esq. Perez, Goran & Rodriguez, P.A.
Pomeranz & Associates, P.A. 95 Merrick Way, Suite 610
1920 East Hallandale Beach Blvd., Suite 802 Coral Gables, FL 33134
Hallandale, FL 33009 Email: lperez@prmiamilaw.com
Email: markpomeranz@gmail.com,
pomeranzlawfirm@gmail.com
Jeffrey E. Foreman, Esq.
Gregory R. Elder, Esq.
Foreman Friedman, P.A
One Biscayne Tower, Suite 2300
2 South Biscayne Boulevard
Miami, FL 33131
Email: jforeman@fflegal.com
Email: gelder@fflegal.com
FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-9077
Preview
Filing # 14657795 Electronically Filed 06/10/2014 05:32:23 PM IN THE CIRCUIT COURT OF THE 11™ JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO. 09-36802 CA 11 WAREHOUSE 1050 CORP., J AND J REFRIGERATION SUPPLY, INC., and AME MANUFACTURING CORP., Plaintiff, vs. FLORIDA SOL CORP., COMCAST CABLE COMMUNICATIONS HOLDINGS, INC., COMCAST CABLE HOLDINGS, LLC, COMCAST OF MIAMI, INC., and JOHN & JANE DOES 1-100 Defendants. / PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS TO COMCAST Plaintiffs, WAREHOUSE 1050 CORP., J AND J REFRIGERATION SUPPLY, INC., and AME MANUFACTURING CORP, (hereinafter “Plaintiffs”), by and through the undersigned counsel, and in accordance with Rule 1.370 of the Florida Rules of Civil Procedure, hereby requests that Defendants, COMCAST CABLE COMMUNICATIONS HOLDINGS, INC., COMCAST CABLE HOLDINGS, LLC, COMCAST OF MIAMI, INC., (hereinafter “Comcast”), admit or deny the truth of each request according to and within the time prescribed by the Federal Rules of Civil Procedure. DEFINITIONS AND INSTRUCTIONS 1. “You” shall mean Defendants, COMCAST CABLE COMMUNICATIONS FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-9077HOLDINGS, INC., COMCAST CABLE HOLDINGS, LLC, COMCAST OF MIAMI, INC., any instrumentalities otherwise under their control and/or acting on their behalf, and their officers, directors, employees, agents, servants, representatives, and all other individuals acting on their behalf. 2. “Plaintiffs” shall mean and refer to Plaintiffs, WAREHOUSE 1050 CORP., J AND J REFRIGERATION SUPPLY, INC., and AME MANUFACTURING CORP. 3. The term “Real Property” shall mean and refer to the real property located at 1050 NW 21 Street Miami, Florida, owned by Plaintiffs WAREHOUSE 1050 CORP. 4. The term “Building” shall mean and refer to the building located on the Real Property. REQUESTS FOR ADMISSIONS 1. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the Building. 2. Please admit that in July 2005, Comcast knew that a cable belonging to Comcast was touching and/or lying on the roof of the Building. 3. Please admit that on or before the end of August 2005, Plaintiffs requested Comcast to remove a cable belonging to Comcast that was touching and/or lying on the roof of the Building. 4. Please admit that a cable belonging to Comcast that was touching and/or lying on the roof of the Building in July 2005; was not removed until 2006. 5. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the Building, and that the cable caused physical damage to the roof of the Building. 6. Please admit that in July 2005, Plaintiffs demanded of Comcast that it repair damage to the roof to the Building that was caused by a cable belonging to Comcast. 7. Please admit that neither Comcast nor anyone hired by Comcast ever repaired the damage caused to the Building by the Cable touching and/or laying on the roof of the Building. FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-90778. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the Building, without permission or authority of Plaintiff. 9. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the Building, without the right to have said cable touch and/or lay on the roof of the Building. 10. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the building and that this constituted a trespass against Plaintiffs. 11. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the building and that this constituted a trespass by Comcast against Defendants. 12. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the Building, which had caused damage to the Building, and that Building sustained further damage as a result of the cable not being removed until 2006. 13. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the Building, which had caused damage to the Building, and that Building sustained further damage as a result of the cable not being removed and a hurricane(s) passing over the Building. 14. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the Building, and that Comcast was negligent in not removing the cable until 2006. 15. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the Building, and that Comcast was negligent in not removing the cable until 2006, which negligence directly and proximately caused damage to the Building. 16. Please admit that in July 2005, a cable belonging to Comcast was touching and/or lying on the roof of the building and that this trespass directly and proximately caused damage to the Building. FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-907717. Please admit that Comcast refused to allow employees from Comcast to remove the cable touching and/or lying on the roof of the Building. 18. Please admit that Comcast committed a trespass on the real property. 19. Please admit that Comcast committed a trespass on the real properly which caused damage to the Building. Dated: June 10, 2014 Miami, Florida Respectfully submitted, FOREMAN FRIEDMAN, PA BY: /s/ Gregory R.Elder Gregory R. Elder, Esq. Jeffrey E. Foreman, Esq. Florida Bar No. 0240310 jforeman@fflegal.com Gregory R. Elder, Esq. Florida Bar No. 54006 zelder@fflegal.com One Biscayne Tower, Suite 2300 2 South Biscayne Boulevard Miami, FL 33131 Phone: 305-358-6555 Fax: 305-374-9077 Attorneys for Plaintiff FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-9077CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 10" day of June, 2014, that the foregoing document is being served via HAND-DELIVERY to Angela D. Daker, Esq., Jaime A. Bianchi, Esq., WHITE & CASE, LLP, 200 S. Biscayne Blvd, Suite 4900, Miami, FL 33131-2352. BY: /s/ Gregory R. Elder Gregory R. Elder, Esq. Service List Steven J. Lachterman, Esq. 2655 LeJeune Road, PH 1-D Coral Gables, FL 33134 Email: steven@lachterman.com Luis Perez, Esq. Angelica Torrents, Esq. Mark Pomeranz, Esq. Perez, Goran & Rodriguez, P.A. Pomeranz & Associates, P.A. 95 Merrick Way, Suite 610 1920 East Hallandale Beach Blvd., Suite 802 Coral Gables, FL 33134 Hallandale, FL 33009 Email: lperez@prmiamilaw.com Email: markpomeranz@gmail.com, pomeranzlawfirm@gmail.com Jeffrey E. Foreman, Esq. Gregory R. Elder, Esq. Foreman Friedman, P.A One Biscayne Tower, Suite 2300 2 South Biscayne Boulevard Miami, FL 33131 Email: jforeman@fflegal.com Email: gelder@fflegal.com FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-9077