Preview
Filing # 132917768 E-Filed 08/18/2021 11:57:45 AM
IN THE CIRCUIT COURT FOR THEISTH
JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO.: 2021-CA-002979-XXXX-MB
DIVISION: AA
JUSTIN FORER, an individual, and
MORGAN FORER, an individual
Plaintiffs,
Vv.
M&S JASMINE PROPERTIES, LLC,
a New York limited liability company, and
SAMY KHALIL, an individual
Defendants.
/
DEFENDANT SAMY KHALIL’S MOTION FOR PROTECTIVE ORDER
Defendant SAMY KHALIL (“Mr. Khalil”), by and through his undersigned counsel,
pursuant to Florida Rules of Civil Procedure 1.280(c), hereby files his Motion for Protective Order
as to the Plaintiff JUSTIN FORER’S and MORGAN FORER’s (“the Forers”) First Request for
Production and First Request for Admissions, based upon the following grounds:
1. Pending before this Court is the Forer’s Amended Complaint, filed on April 16,
2021. The Forer’s claim against Mr. Khalil seeks to pierce the corporate veil of Jasmine for an
alleged breach of an “As Is” Residential Contract for Sale and Purchase pursuant to which the
Forers (as buyers) were to purchase the property from Jasmine (as seller), and breach of Residential
Lease Agreement and Addendum (“Lease Agreement”) pursuant to which the Forers (as tenants)
leased the property from Jasmine (as landlord).
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 08/18/2021 11:57:45 AM ***2. Jasmine, as the landlord under Lease Agreement, filed an action against the Forers,
as tenants, for eviction and damages for nonpayment of rent. Said action, Case No. 2021-CA-
005801-XXXX-MB (Division AG), is in the process of being transferred to this Court.
3. The Forers have sought damages and specific performance, despite the Purchase
Agreement having been terminated because the Forers failed to satisfy the financing contingency
and despite the Forers not being able to close because their underwriter will not insure title.
4. Good cause exists for the granting of the instant Motion.
5. The Forers should not be permitted to use discovery as a sword and a shield by
obstructing to the discovery sought while proceeding with their own discovery. The Forer’s
“sword and shield” approach to discovery, whereby the Forers seek to obtain an unfair advantage
contrary to the Palm Beach Standards of Professional Courtesy and Civility (“Civility Standards”),
is harassing, annoying and oppressive.
6. Specifically, the Forers have objected to the 2 simple discovery requests while
propounding requests for production and request for admissions.
7. On May 4, 2021, Jasmine filed a Notice of Production from Non-Party for a
Subpoena Duces Tecum without Deposition to the Forer’s lender (Old Republic National
Insurance Co.) and the Forer’s underwriter (“Better Mortgage Corporation”) to get to the heart of
the matter — the Forer’s failure to satisfy their financing contingency with their lender and their
inability to close because their underwriter would not insure title.
8. On May 14, 2021, the Forers filed an Objection to the foregoing Subpoenas Duces
Tecum without Deposition to the Forer’s lender and underwriter.9. The hearing on the Forer’s Objection to the discovery was previously set on July
14, 2021, and was canceled because the parties were trying to resolve the pending discovery
objections. Unfortunately, the parties have been unable to reach an agreement on the discovery.
10. On June 18, 2021, the Forers propounded on Mr. Khalil their First Request for
Production and Request for Admissions. A true and correct copy of said Requests are attached
hereto as Composite Exhibit “A.”
11. Mr. Khalil has shown good cause as to why the instant Motion should be granted.
Justice requires that the Forers not be permitted to gain an unfair advantage by obstructing
discovery while propounding discovery.
12. Mr. Khalil has retained the undersigned counsel to represent him in this action and
is responsible for paying reasonable attorneys’ fees and costs incurred in connection therewith,
and requests an award of such fees incurred in connection with the instant Motion.
GOOD FAITH CERTIFICATION
13. | The undersigned has, in good faith, conferred or attempted to confer with the
Forer’s counsel in an effort to resolve Mr. Khalil’s objections to the discovery without court action.
WHEREFORE, Defendant SAMY KHALIL, respectfully requests the entry of a Protective
Order as to the Forer’s discovery as set forth herein, together with an award of attorneys’ fees and
costs pursuant to Florida Rules of Civil Procedure 1.280(c) and 1.380(a)(4), and for such other and
further relief as this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed and
served via the Florida Courts E-Filing Portal on August 18, 2021, to Michael S. Perse, Esq. andMichael T. Landen, Esq., Kluger, Kaplan, Silverman, Katzen & Levine, P.L. 201 South Biscayne
Blvd, Miami, Florida 33131, Email: mperse@klugerkaplan.com and mlanden@klugerkaplan.com.
THE HALLE LAW FIRM, P.A.
Counsel for Samy Khalil
2929 E. Commercial Blvd., Suite 300
Fort Lauderdale, FL 33308
(954) 537-0466 telephone
Primary Email: ahalle@hallelawfirm.com
Secondary Email: admin@hallelawfirm.com
/s/ April 1. Halle :
APRIL I. HALLE
Florida Bar No. 0059145Exhibit "A"
Filing # 129046094 E-Filed 06/18/2021 12:57:09 PM oe
IN THE CIRCUIT COURT OF THE 15”!
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 2021-CA-002979XXXX-MB
JUSTIN FORER, an individual, and
MORGAN FORER, an individual,
Plaintiffs,
Vv.
M&S JASMINE PROPERTY, LLC,
a New York limited liability company, and
SAMY KHALIL, an individual,
Defendants.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO SAMY KHALIL
Plaintiffs, JUSTIN FORER and MORGAN FORER, through undersigned counsel, and
pursuant to Fla. R. Civ. P. 1.350, hereby serve this First Request for Production on Defendant,
SAMY KHALIL, requesting Defendant produce the following described documents for inspection
and copying at the offices of the undersigned counsel within the time period set forth in Fla. R.
Civ. P. 1.350.
Respectfully submitted,
KLUGER, KAPLAN, SILVERMAN,
KATZEN & LEVINE, P.L.
Counsel for Plaintiffs
Miami Center, 27" Floor
201 South Biscayne Boulevard,
Miami, Florida 33131
Telephone: (305) 379-9000
Facsimile: (305) 379-3428
By: s/ Michael S. Perse
Michael S. Perse
Fla. Bar No. 603619
mperse@klugerkaplan.com
Michael T. Landen
Fla. Bar No. 161144
mlanden@klugerkaplan.com
KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 So. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 06/18/2021 12:57:09 PM ***CASE NO.: 2021-CA-002979XXXX-MB
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed and
served via the Florida Courts E-Filing Portal on this 18" day of June, 2021, upon April Halle,
Esq., The Halle Law Firm, P.A. 3101 N. Federal Highway, Suite 401, Fort Lauderdale, e-mail:
ahalle@hallelawfirm.com, admin@hallelawfirm.com.
By: s/ Michael T. Landen
Michael T. Landen
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KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB
DEFINITIONS
The following terms, whether plural or singular, shall have meanings set forth below
wherever used in the following production of documents.
A. “You” or “your” or “yours” refer to Defendant, SAMY KHALIL, and his agents and
representatives.
B. “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, organization, proprietorships, trusts, estates, governmental
agencies, commissions, bureaus, or departments, and the agents, servants, and employees
of same. All references to any Person includes his or her employees, agents, servants,
subsidiaries, parent companies, affiliated companies and any other person or entity or
Representative (as defined below) acting or purporting to act on behalf or under his or her
control.
C. “Materials” shall mean all “Documents,” “Writings,” “Agreements” and
“Communications” as those terms are defined herein.
D. “Document(s)” or “Writing(s)” shall include all electronically stored information (“ESI”)
and every record of every type, and is used in the broadest sense to include any medium
upon which intelligence or information can be recorded and further includes, but is not
limited to, all originals, non-identical copies and drafts of the following items, whether
printed, handwritten, typed, recorded, or stored on any electro-magnetic storage device, or
reproduced by hand, including without limitation correspondence, memoranda, emails,
invoices, receipts, records, ledger 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, tape recordings, video
cassettes and data compilations from which information can be obtained, charts,
photographs, notebooks, drawings, plans, printed materials of any kind, charts and
interoffice communications, and any other writing of whatever description, including but
not limited to any information contained in any computer, or represented by a computer
program, signed or unsigned, regardless of whether approved, signed, sent, received,
redrafted, or executed, study, work paper, handwritten note, draft, demand, 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.
E. “Communication” means any oral or written statement, dialogue, colloquy, discussion or
conversation, and also means any transfer of thoughts or ideas between persons by means
of documents and includes any transfer of data from one location to another by electronic
or similar means, including but not limited to emails and text messages.
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KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB
F. “Representative” means any and all agents, employees, servants, officers, directors,
attorneys, accountants, or other persons acting or purporting to act on behalf of the person
in question.
G. “Evidencing” means having a tendency to show, prove or disprove.
H. With respect to documents, the term “identify” means: (i) state the author or writer thereof
and the parties thereto; (ii) state its title or other identifying data; (iii) state the date of the
document or if no date, state the exact nature and substance thereof; (iv) identify each
person having possession, care, custody or control of the original and copies thereof; and
(v) if such documents was, but no longer is in your possession or subject to your control,
state what disposition was made of it and who is in control of same.
I. With respect to a person, the term “identify” means: (i) state the name of the person (as
that term is defined herein); (ii) state the person's business address; (iii) state the persons’
residence address; (iv) state the persons’ business telephone number; and (v) state the
person's residential telephone number.
J. The words “and” and “or” as used herein shall be construed either disjunctively or
conjunctively as required by the context to bring within the scope of these Requests for
Production any response that might be deemed outside their scope by another construction.
K. “Control” means in your possession, custody or control or under your direction, and
includes in the possession, custody or control of those under the direction of you or your
employees, subordinates, counsel, accountant, consultant, expert, parent or affiliated
corporation, and any person purporting to act on your behalf.
L. “Related to” or “Relating to” shall mean directly or indirectly, refer to, reflect, describe,
pertain to, arise out of or in connection with, or in any way legally, logically, or factually
be connected with the matter discussed.
M. “Including” shall mean including, but not limited to.
N. “Complaint” shall mean Plaintiffs Complaint filed in the above captioned action on April
16, 2021.
O. “Lease” shall mean the Lease Agreement that is attached to the Complaint as Exhibit “A.”
P. “Property” shall mean the property located at 920 Jasmine Dr. Delray Beach, Florida
33483.
Q. “Addendum” shall mean the Addendum to Contract attached to the Complaint as Exhibit
R. “Agreement” shall mean the “AS IS” Residential Contract for Sale and Purchase that is
attached to the Complaint as Exhibit “C.”
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KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB
INSTRUCTIONS
1. If you at any time had possession, custody or control of a document called for under this
Request and if such document has been lost, destroyed, purged, or is not presently in your
possession, custody or control, you shall describe the document, the date of its loss, destruction,
purge, or separation from possession, custody or control and the circumstances surrounding its
loss, destruction, purge, or separation from possession, custody or control.
2. If you assert that any document called for by any request contained herein is protected against
disclosure as Work Product, on the grounds that said document constitutes or contains
attomey-client privileged information, or by privilege of any kind whatsoever, you shall
provide the following information with respect to such document:
(a) The names and capacity of the person or persons who prepared the document;
(b) The name and capacity of all addressees or recipients of the original or copies
thereof;
(c) The date, if any, borne by the document;
(d) A brief description of its subject matter and physical size;
(e) The source of the factual information from which such document was prepared;
and
(f) The nature of the privilege claimed.
3. All documents produced pursuant hereto are to be produced as they are 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.
4. To the extent that these requests seek production of either back-ups or copies of back-ups
performed for any person, computer, computer equipment or computer system, such
production should be provided in native format wherever possible. “Native format” refers to
the electronic format which such electronically stored information was originally or is
normally created, viewed and/or modified. This should include, but not be limited to,
information about the software or application that the date was created in, stored in, or was
used, or is used to read, write, alter, modify, or in any way change or manipulate the date.
Legacy system that no longer run or newer platforms should initially be restored to their native
format, and once imagined to preserve any and all associated metadata, should be produced in
a format as close as possible to that of the original. “Metadata” refers to the data about data
otherwise referred to as the fingerprint of the document. By way of example and without
limitation, metadata typically constitutes information about a particular dataset that describes
how, when and by whom it was collected, created, accessed or modified and how it was
formatted. Metadata may be hidden or embedded. When a request calls for disclosure of
metadata, all fields of metadata should be included. When an original or current software or
program cannot easily open or read a file, the data should be provided in a format that reflects
the nature of the data, such as ASCII delimited for database records, text-based data for
working processing documents, and .TIFF, bitmap or .JPEG for graphically based data. If the
software or program is either proprietary or only exists for this data, a copy of that software or
program should be supplied.
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KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB
5. To the extent that these requests seek production of electronically stored information residing
elsewhere other than, or in addition to, on back-up copies, such information should be produced
in its native format on hard drive or other digital storage media that does not otherwise detract
from the original format of the files, or that by default may exclude or somehow alter any
metadata associated with said files. The information produced should include any original
existing full file path, file or folder structure, or other source referencing data, and be fully
inclusive of all supporting underlying data, the absence of which would render the information
incomplete or unusable.
6. All archived data being produced in response to these requests should be provided with the
means to view and export such data.
7. To the extent that any paper-based source documents responsive to the requests are maintained
in digital or electronic format for archival purposes, please provide such documents in both
paper and digital or electronic format.
8. Paper documents that are not otherwise contained, stored, or recoverable by electronic means,
should be provided either in paper format, or via a scanned image in a . TIFF format, Colored
pages, photographs or other documents among such paper documents that would otherwise
loose the color format should be scanned in JPEG or other standard color format, Large charts,
graphs or other oversize documents can be reduced in the scan process to not less than 50% of
the original size, or not less than make them readable.
9. When appropriate, the singular form of a word should be interpreted in the plural as may be
necessary to bring within the scope hereof any documents which might otherwise be construed
to be outside the scope hereof.
10. Unless otherwise instructed, you shall provide information that is responsive to each Request
for Production from June 20, 2020 through the date of this Request.
11. This Request for Production of documents shall be deemed to be continuing and should
promptly be supplemented if any additional documents or information are discovered or
become available after the date of production.
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KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB
REQ 'S FOR PRODUCTION
1. Please produce any documents demonstrating the M&S’ corporate structure.
2. All documents, correspondence, communications, and electronic data in Your possession,
custody or control, between You and the Forers, referencing or relating to:
a) The Property
b) The Addendum
c) The Agreement
d) M&S
e) M&S’s Corporate Structure
f) Your authority to act on behalf of M&S
g) Any other M&S’s member’s authority to act on behalf of M&S
3. All documents between You and M&S discussing, referencing, or relating to:
a) The Property
b) The Forers
c) The Addendum
d) The Agreement
e) M&S’s Corporate Structure
f) Your authority to act on behalf of M&S
g) Any other M&S' member's authority to act on behalf of M&S
4. All documents between You and Mariola Rutkowska discussing, referencing, or relating
to:
a) The Property
b) The Forers
c) The Lien she placed on the property
5. All documents, correspondence, communications, and electronic data in Your possession,
custody, or control regarding the transfer or sale of the property between You and M&S.
6. All documents, correspondence, communications, and electronic data in Your possession,
custody, or control regarding the financing contingency in the Agreement.
7. All documents, correspondence, communications, and electronic data in your possession,
custody, or control evidencing the alleged Breach of Contract.
8. All documents that You claim support Your defenses and assertions in response to the
Amended Complaint in this matter.
9. All offers, including contracts or informal offers, to purchase the Property since August
2020.
10. All documents evidencing, showing, or relating to the transfer of the Property to and from
You since August 2020.
11. All documents evidencing, showing or relating to the transfer of the Property to and from
M&S since August 2020.
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KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000Filing # 129046363 E-Filed 06/18/2021 12:59:38 PM
IN THE CIRCUIT COURT OF THE 157
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 2021-CA-002979XXXX-MB
JUSTIN FORER, an individual, and
MORGAN FORER, an individual,
Plaintiffs,
v.
M&S JASMINE PROPERTY, LLC,
a New York limited liability company, and
SAMY KHALIL, an individual,
Defendants.
/
PLAINTIFFS’ REQUEST FOR ADMISSIONS TO SAMY KHALIL
Plaintiffs, JUSTIN FORER and MORGAN FORER, through undersigned counsel and
pursuant to Fla. R. Civ. P. 1.370, hereby serve their Request for Admissions upon Defendant,
SAMY KHALIL (“Khalil”), and request that Khalil admit or deny the truth of the admissions set
forth herein within thirty (30) days of the date hereof.
Respectfully submitted,
KLUGER, KAPLAN, SILVERMAN,
KATZEN & LEVINE, P.L.
Counsel for Plaintiffs
Miami Center, 27th Floor
201 South Biscayne Boulevard,
Miami, Florida 33131
Telephone: (305) 379-9000;
Facsimile: (305) 379-3428
By: s/ Michael S. Perse
Michael S. Perse
Fla. Bar No. 603619
mperse@klugerkaplan.com
Michael T. Landen
Fla. Bar No. 161144
mlanden@klugerkaplan.com
KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 06/18/2021 12:59:38 PM ***CASE NO.: 2021-CA-002979XXXX-MB
INSTRUCTIONS
A. You must serve a written answer or objection to each request within thirty (30) days
after service of the request or else the matter is admitted.
B. You must state the reasons for any objection.
C. You must specifically deny the matter or set forth in detail the reasons why you
cannot truthfully admit or deny the matter.
D. Any denial you make must fairly meet the substance of the requested admission,
and when good faith requires you to qualify your answer or deny only a part of the matter for
which an admission is requested, you shall specify so much of it as is true and qualify or deny the
remainder.
E. In the event a lack of information or knowledge is the reason for your failure to
admit or deny, you must state that you made a reasonable inquiry and that the information known
or readily attainable by you is insufficient to enable you to admit or deny.
F, You must pay any expenses, including legal fees under Rule 1.380(a)(4), Fla. R.
Civ. P., incurred to prove a matter which you improperly failed to admit.
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KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB
DEFINITIONS
For purposes of these requests, the following definitions shall apply:
1. The terms “Defendant” “you,” “your,” “yours,” and/or “yourself” means the Defendant
Samy Khalil, and, when not negated by the context, shall also mean each and every officer,
employee, representative, attorney, or agent of said Defendant who has held or presently
holds such a position during the relevant time period.
2. The term “Plaintiffs” as may be used herein means the Plaintiffs, Justin Forer and Morgan
Forer, or any employee, agent or attorney for the Plaintiff, and any other person or entity
acting for or on behalf or under the Plaintiffs authority and control.
3. The singular shall include the plural and vice versa; the terms “and” and “or” shall be both
conjunctive and disjunctive; and the term “including” means including without limitation.
4. “Relating to” and “relate to” shall be construed in their broadest senses and shall mean to
make a statement about, refer to, discuss, describe, reflect, contain, comprise, identify, or
in any way to pertain to, in whole or in part, or otherwise to be used, considered, or
reviewed in any way in connection with, the specified subject. Thus, documents that “relate
to” a subject also include those which were specifically rejected and those which were not
relied or acted upon.
5. “Possession, custody, or control” means any document or thing at the disposal of,
available to, under your protection, care, or maintenance or any document or thing subject
to your exercise of power or dominion.
6. “Has,” “had,” or “have” means within your actual or constructive possession, custody or
control.
7. “Person” means any natural person, a corporation, partnership, or business association or
entity, any governmental body, commission, board, department or agency.
8. “Agreement” means the act of two or more persons, who unite in expressing mutual and
common purpose, with the view of altering their rights and obligations.
9. “Any” shall be deemed to include and encompass the words “each” and “all.”
10. “Entity” means any individual, partnership, company, corporation, association, business
trust, partnership, limited partnership, organization, agency or any other legal entity.
11. The word “or” should be interpreted to include “and.”
12. The term “document” refers to, and includes but is not limited to, writings, drawings,
graphs, charts, phonograph records, emails, computer or other recording tapes, and every
other type of physical evidence or data compilation.
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KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB
13. The terms “identification” or “identify”, as applied to documents, shall require stating the
date, author, addressee, signatory, number of pages, subject matter, custodian and location
of document.
14. The terms “Relating to” and “relate to” shall be construed in their broadest senses and
shall mean to make a statement about, refer to, discuss, describe, reflect, contain, comprise,
identify, or in any way to pertain to, in whole or in part, or otherwise to be used, considered,
or reviewed in any way in connection with, the specified subject. Thus, documents that
“relate to” a subject also include those which were specifically rejected and those which
were not relied or acted upon.
15. The term “relevant time period”, shall mean the period between June 2020, when the
initial Lease Agreement was entered into and the date of service of this Request for
Admissions via email or U.S. regular mail, unless otherwise indicated.
16. “Complaint” shall mean Plaintiff's Complaint filed in the above captioned action on April
16, 2021.
17. “Lease Agreement” shall mean the Lease Agreement that is attached to Plaintiff's
Complaint as Exhibit “A.”
18. “Property” shall mean the property located at 920 Jasmine Dr. Delray Beach, Florida
33483.
19. “Addendum” shall mean the Addendum to Contract attached to the Complaint as Exhibit
“B” and attached hereto as Exhibit “A.”
20. “Sale Agreement” shall mean the “AS IS” Residential Contract for Sale and Purchase that
is attached to the Complaint as Exhibit “C.”
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KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB
REQUESTS FOR ADMISSION
Defendant is requested to admit or deny the following pursuant to Rule 1.370, Florida
Rules of Civil Procedure:
1. Please admit that You are a member of M&S Jasmine Property, LLC.
2. Please admit that You have authority to bind M&S to any transactions.
3. Please admit that all M&S members have authority to bind M&S to transactions.
4. Please admit that You entered into the Sale Agreement to purchase the Property with
Plaintiffs.
5. Please admit that the Sale Agreement was a valid contract for the sale of property.
6. Please admit that the Addendum as attached hereto as Exhibit A, dated August 2020,
is a true and correct copy of the Addendum.
7. Please admit that You were the landlord for purposes of the Addendum.
8. Please admit that You were the record owner of the title Property on the date the
Addendum was entered into.
9. Please admit that the Addendum gave Plaintiffs an option to purchase the Property.
10. Please admit that the Addendum gave Plaintiffs a right of first refusal for sale of the
Property.
11. Please admit that the Addendum gave Plaintiffs a right of first refusal for sale or transfer
of the Property.
12. Please admit that You are listed as the landlord of the Property in the Lease Agreement.
13. Please admit that You, individually, signed the Lease Agreement as the landlord.
14. Please admit that the Lease was not assigned to You by M&S.
15. Please admit that You became the sole property owner of the Property in August 2020.
16. Please admit Plaintiffs timely obtained proper financing to close on the purchase of the
Property.
17. Please admit that You received timely notice that Plaintiffs had obtained proper
financing by March 1, 2021.
18. Please admit that Plaintiffs had timely satisfied all conditions necessary to move
forward with the originally scheduled closing.
19. Please admit that Plaintiffs have demonstrated that they have every intention of closing
on the Property and have done so since the original closing date.
5
KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by the Court’ s E-Portal automatic E-Mail service on this 18" day of June, 2021 to: April
Halle, Esq., Halle Law Firm., P.A., ahalle@hallelawfirm.com, admin@hallelawfirm.com,
Counsel for M&S Jasmine Property, LLC.
By: s./ Michael T. Landen
Michael T. Landen, Esq.
6
KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000EXHIBIT “A”Addendum to Contract iy FloridaRealtors
Addendum No. __1___ to the Contract with the Effective Date of ____ August 1, 2020 between
SAMY KHALIL AS LANDLORD (Seller)
and JUSTIN AND MORGAN FORER AS TENANT (Buyer)
concerning the property described as: 920 JASMINE DR DELRAY BEACH _ FL, 33483
(the "Contract"). Seller and Buyer make the following terms and conditions part of the Contract:
Tenant has the option to decide no later than thirty days prior to the end of the lease to renew the lease at the same
monthly price for an additional six months. If Seller receives a bona fide offer of purchase on the property during the term
of the lease, ,tenant will have first right of refusal to match the offer price within two business days and then purchase the
home at that price. If Tenant does not choose to purchase the property, the lease terms are still valid through the end of
the lease. If at any time, Tenant decides to purchase the property, fifty percent of rent payments to date will be applied to
the purchase of the home and the lease will be terminated upon closing of the purchase of the home.
Reliable Realty and Bex Realty LLC. will be entitle to 6% commission paid by the seller.
Buyer: Uostin Forer Date; 71707 1092 PM EDT
Buyer; Morgan Forer Date: 21202 106 PM EDT
Seller, Samy Khalil Date: 06/21/2020
Seller: Date:
ACSP-4 Rev 6/17, ©2017 Florida Realtors®
Serial 025048-800159-2758847 ‘Form
Simplicity
Electronically Signed using aSigrOnine™ [ Session ID : 777He72-0226-4cb2-Ghes-28ebb<737a
Preview
Filing # 132917768 E-Filed 08/18/2021 11:57:45 AM IN THE CIRCUIT COURT FOR THEISTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2021-CA-002979-XXXX-MB DIVISION: AA JUSTIN FORER, an individual, and MORGAN FORER, an individual Plaintiffs, Vv. M&S JASMINE PROPERTIES, LLC, a New York limited liability company, and SAMY KHALIL, an individual Defendants. / DEFENDANT SAMY KHALIL’S MOTION FOR PROTECTIVE ORDER Defendant SAMY KHALIL (“Mr. Khalil”), by and through his undersigned counsel, pursuant to Florida Rules of Civil Procedure 1.280(c), hereby files his Motion for Protective Order as to the Plaintiff JUSTIN FORER’S and MORGAN FORER’s (“the Forers”) First Request for Production and First Request for Admissions, based upon the following grounds: 1. Pending before this Court is the Forer’s Amended Complaint, filed on April 16, 2021. The Forer’s claim against Mr. Khalil seeks to pierce the corporate veil of Jasmine for an alleged breach of an “As Is” Residential Contract for Sale and Purchase pursuant to which the Forers (as buyers) were to purchase the property from Jasmine (as seller), and breach of Residential Lease Agreement and Addendum (“Lease Agreement”) pursuant to which the Forers (as tenants) leased the property from Jasmine (as landlord). '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 08/18/2021 11:57:45 AM ***2. Jasmine, as the landlord under Lease Agreement, filed an action against the Forers, as tenants, for eviction and damages for nonpayment of rent. Said action, Case No. 2021-CA- 005801-XXXX-MB (Division AG), is in the process of being transferred to this Court. 3. The Forers have sought damages and specific performance, despite the Purchase Agreement having been terminated because the Forers failed to satisfy the financing contingency and despite the Forers not being able to close because their underwriter will not insure title. 4. Good cause exists for the granting of the instant Motion. 5. The Forers should not be permitted to use discovery as a sword and a shield by obstructing to the discovery sought while proceeding with their own discovery. The Forer’s “sword and shield” approach to discovery, whereby the Forers seek to obtain an unfair advantage contrary to the Palm Beach Standards of Professional Courtesy and Civility (“Civility Standards”), is harassing, annoying and oppressive. 6. Specifically, the Forers have objected to the 2 simple discovery requests while propounding requests for production and request for admissions. 7. On May 4, 2021, Jasmine filed a Notice of Production from Non-Party for a Subpoena Duces Tecum without Deposition to the Forer’s lender (Old Republic National Insurance Co.) and the Forer’s underwriter (“Better Mortgage Corporation”) to get to the heart of the matter — the Forer’s failure to satisfy their financing contingency with their lender and their inability to close because their underwriter would not insure title. 8. On May 14, 2021, the Forers filed an Objection to the foregoing Subpoenas Duces Tecum without Deposition to the Forer’s lender and underwriter.9. The hearing on the Forer’s Objection to the discovery was previously set on July 14, 2021, and was canceled because the parties were trying to resolve the pending discovery objections. Unfortunately, the parties have been unable to reach an agreement on the discovery. 10. On June 18, 2021, the Forers propounded on Mr. Khalil their First Request for Production and Request for Admissions. A true and correct copy of said Requests are attached hereto as Composite Exhibit “A.” 11. Mr. Khalil has shown good cause as to why the instant Motion should be granted. Justice requires that the Forers not be permitted to gain an unfair advantage by obstructing discovery while propounding discovery. 12. Mr. Khalil has retained the undersigned counsel to represent him in this action and is responsible for paying reasonable attorneys’ fees and costs incurred in connection therewith, and requests an award of such fees incurred in connection with the instant Motion. GOOD FAITH CERTIFICATION 13. | The undersigned has, in good faith, conferred or attempted to confer with the Forer’s counsel in an effort to resolve Mr. Khalil’s objections to the discovery without court action. WHEREFORE, Defendant SAMY KHALIL, respectfully requests the entry of a Protective Order as to the Forer’s discovery as set forth herein, together with an award of attorneys’ fees and costs pursuant to Florida Rules of Civil Procedure 1.280(c) and 1.380(a)(4), and for such other and further relief as this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed and served via the Florida Courts E-Filing Portal on August 18, 2021, to Michael S. Perse, Esq. andMichael T. Landen, Esq., Kluger, Kaplan, Silverman, Katzen & Levine, P.L. 201 South Biscayne Blvd, Miami, Florida 33131, Email: mperse@klugerkaplan.com and mlanden@klugerkaplan.com. THE HALLE LAW FIRM, P.A. Counsel for Samy Khalil 2929 E. Commercial Blvd., Suite 300 Fort Lauderdale, FL 33308 (954) 537-0466 telephone Primary Email: ahalle@hallelawfirm.com Secondary Email: admin@hallelawfirm.com /s/ April 1. Halle : APRIL I. HALLE Florida Bar No. 0059145Exhibit "A" Filing # 129046094 E-Filed 06/18/2021 12:57:09 PM oe IN THE CIRCUIT COURT OF THE 15”! JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 2021-CA-002979XXXX-MB JUSTIN FORER, an individual, and MORGAN FORER, an individual, Plaintiffs, Vv. M&S JASMINE PROPERTY, LLC, a New York limited liability company, and SAMY KHALIL, an individual, Defendants. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO SAMY KHALIL Plaintiffs, JUSTIN FORER and MORGAN FORER, through undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby serve this First Request for Production on Defendant, SAMY KHALIL, requesting Defendant produce the following described documents for inspection and copying at the offices of the undersigned counsel within the time period set forth in Fla. R. Civ. P. 1.350. Respectfully submitted, KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. Counsel for Plaintiffs Miami Center, 27" Floor 201 South Biscayne Boulevard, Miami, Florida 33131 Telephone: (305) 379-9000 Facsimile: (305) 379-3428 By: s/ Michael S. Perse Michael S. Perse Fla. Bar No. 603619 mperse@klugerkaplan.com Michael T. Landen Fla. Bar No. 161144 mlanden@klugerkaplan.com KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 So. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 06/18/2021 12:57:09 PM ***CASE NO.: 2021-CA-002979XXXX-MB CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed and served via the Florida Courts E-Filing Portal on this 18" day of June, 2021, upon April Halle, Esq., The Halle Law Firm, P.A. 3101 N. Federal Highway, Suite 401, Fort Lauderdale, e-mail: ahalle@hallelawfirm.com, admin@hallelawfirm.com. By: s/ Michael T. Landen Michael T. Landen 2 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB DEFINITIONS The following terms, whether plural or singular, shall have meanings set forth below wherever used in the following production of documents. A. “You” or “your” or “yours” refer to Defendant, SAMY KHALIL, and his agents and representatives. B. “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, organization, proprietorships, trusts, estates, governmental agencies, commissions, bureaus, or departments, and the agents, servants, and employees of same. All references to any Person includes his or her employees, agents, servants, subsidiaries, parent companies, affiliated companies and any other person or entity or Representative (as defined below) acting or purporting to act on behalf or under his or her control. C. “Materials” shall mean all “Documents,” “Writings,” “Agreements” and “Communications” as those terms are defined herein. D. “Document(s)” or “Writing(s)” shall include all electronically stored information (“ESI”) and every record of every type, and is used in the broadest sense to include any medium upon which intelligence or information can be recorded and further includes, but is not limited to, all originals, non-identical copies and drafts of the following items, whether printed, handwritten, typed, recorded, or stored on any electro-magnetic storage device, or reproduced by hand, including without limitation correspondence, memoranda, emails, invoices, receipts, records, ledger 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, tape recordings, video cassettes and data compilations from which information can be obtained, charts, photographs, notebooks, drawings, plans, printed materials of any kind, charts and interoffice communications, and any other writing of whatever description, including but not limited to any information contained in any computer, or represented by a computer program, signed or unsigned, regardless of whether approved, signed, sent, received, redrafted, or executed, study, work paper, handwritten note, draft, demand, 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. E. “Communication” means any oral or written statement, dialogue, colloquy, discussion or conversation, and also means any transfer of thoughts or ideas between persons by means of documents and includes any transfer of data from one location to another by electronic or similar means, including but not limited to emails and text messages. 3 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB F. “Representative” means any and all agents, employees, servants, officers, directors, attorneys, accountants, or other persons acting or purporting to act on behalf of the person in question. G. “Evidencing” means having a tendency to show, prove or disprove. H. With respect to documents, the term “identify” means: (i) state the author or writer thereof and the parties thereto; (ii) state its title or other identifying data; (iii) state the date of the document or if no date, state the exact nature and substance thereof; (iv) identify each person having possession, care, custody or control of the original and copies thereof; and (v) if such documents was, but no longer is in your possession or subject to your control, state what disposition was made of it and who is in control of same. I. With respect to a person, the term “identify” means: (i) state the name of the person (as that term is defined herein); (ii) state the person's business address; (iii) state the persons’ residence address; (iv) state the persons’ business telephone number; and (v) state the person's residential telephone number. J. The words “and” and “or” as used herein shall be construed either disjunctively or conjunctively as required by the context to bring within the scope of these Requests for Production any response that might be deemed outside their scope by another construction. K. “Control” means in your possession, custody or control or under your direction, and includes in the possession, custody or control of those under the direction of you or your employees, subordinates, counsel, accountant, consultant, expert, parent or affiliated corporation, and any person purporting to act on your behalf. L. “Related to” or “Relating to” shall mean directly or indirectly, refer to, reflect, describe, pertain to, arise out of or in connection with, or in any way legally, logically, or factually be connected with the matter discussed. M. “Including” shall mean including, but not limited to. N. “Complaint” shall mean Plaintiffs Complaint filed in the above captioned action on April 16, 2021. O. “Lease” shall mean the Lease Agreement that is attached to the Complaint as Exhibit “A.” P. “Property” shall mean the property located at 920 Jasmine Dr. Delray Beach, Florida 33483. Q. “Addendum” shall mean the Addendum to Contract attached to the Complaint as Exhibit R. “Agreement” shall mean the “AS IS” Residential Contract for Sale and Purchase that is attached to the Complaint as Exhibit “C.” 4 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB INSTRUCTIONS 1. If you at any time had possession, custody or control of a document called for under this Request and if such document has been lost, destroyed, purged, or is not presently in your possession, custody or control, you shall describe the document, the date of its loss, destruction, purge, or separation from possession, custody or control and the circumstances surrounding its loss, destruction, purge, or separation from possession, custody or control. 2. If you assert that any document called for by any request contained herein is protected against disclosure as Work Product, on the grounds that said document constitutes or contains attomey-client privileged information, or by privilege of any kind whatsoever, you shall provide the following information with respect to such document: (a) The names and capacity of the person or persons who prepared the document; (b) The name and capacity of all addressees or recipients of the original or copies thereof; (c) The date, if any, borne by the document; (d) A brief description of its subject matter and physical size; (e) The source of the factual information from which such document was prepared; and (f) The nature of the privilege claimed. 3. All documents produced pursuant hereto are to be produced as they are 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. 4. To the extent that these requests seek production of either back-ups or copies of back-ups performed for any person, computer, computer equipment or computer system, such production should be provided in native format wherever possible. “Native format” refers to the electronic format which such electronically stored information was originally or is normally created, viewed and/or modified. This should include, but not be limited to, information about the software or application that the date was created in, stored in, or was used, or is used to read, write, alter, modify, or in any way change or manipulate the date. Legacy system that no longer run or newer platforms should initially be restored to their native format, and once imagined to preserve any and all associated metadata, should be produced in a format as close as possible to that of the original. “Metadata” refers to the data about data otherwise referred to as the fingerprint of the document. By way of example and without limitation, metadata typically constitutes information about a particular dataset that describes how, when and by whom it was collected, created, accessed or modified and how it was formatted. Metadata may be hidden or embedded. When a request calls for disclosure of metadata, all fields of metadata should be included. When an original or current software or program cannot easily open or read a file, the data should be provided in a format that reflects the nature of the data, such as ASCII delimited for database records, text-based data for working processing documents, and .TIFF, bitmap or .JPEG for graphically based data. If the software or program is either proprietary or only exists for this data, a copy of that software or program should be supplied. 5 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB 5. To the extent that these requests seek production of electronically stored information residing elsewhere other than, or in addition to, on back-up copies, such information should be produced in its native format on hard drive or other digital storage media that does not otherwise detract from the original format of the files, or that by default may exclude or somehow alter any metadata associated with said files. The information produced should include any original existing full file path, file or folder structure, or other source referencing data, and be fully inclusive of all supporting underlying data, the absence of which would render the information incomplete or unusable. 6. All archived data being produced in response to these requests should be provided with the means to view and export such data. 7. To the extent that any paper-based source documents responsive to the requests are maintained in digital or electronic format for archival purposes, please provide such documents in both paper and digital or electronic format. 8. Paper documents that are not otherwise contained, stored, or recoverable by electronic means, should be provided either in paper format, or via a scanned image in a . TIFF format, Colored pages, photographs or other documents among such paper documents that would otherwise loose the color format should be scanned in JPEG or other standard color format, Large charts, graphs or other oversize documents can be reduced in the scan process to not less than 50% of the original size, or not less than make them readable. 9. When appropriate, the singular form of a word should be interpreted in the plural as may be necessary to bring within the scope hereof any documents which might otherwise be construed to be outside the scope hereof. 10. Unless otherwise instructed, you shall provide information that is responsive to each Request for Production from June 20, 2020 through the date of this Request. 11. This Request for Production of documents shall be deemed to be continuing and should promptly be supplemented if any additional documents or information are discovered or become available after the date of production. 6 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB REQ 'S FOR PRODUCTION 1. Please produce any documents demonstrating the M&S’ corporate structure. 2. All documents, correspondence, communications, and electronic data in Your possession, custody or control, between You and the Forers, referencing or relating to: a) The Property b) The Addendum c) The Agreement d) M&S e) M&S’s Corporate Structure f) Your authority to act on behalf of M&S g) Any other M&S’s member’s authority to act on behalf of M&S 3. All documents between You and M&S discussing, referencing, or relating to: a) The Property b) The Forers c) The Addendum d) The Agreement e) M&S’s Corporate Structure f) Your authority to act on behalf of M&S g) Any other M&S' member's authority to act on behalf of M&S 4. All documents between You and Mariola Rutkowska discussing, referencing, or relating to: a) The Property b) The Forers c) The Lien she placed on the property 5. All documents, correspondence, communications, and electronic data in Your possession, custody, or control regarding the transfer or sale of the property between You and M&S. 6. All documents, correspondence, communications, and electronic data in Your possession, custody, or control regarding the financing contingency in the Agreement. 7. All documents, correspondence, communications, and electronic data in your possession, custody, or control evidencing the alleged Breach of Contract. 8. All documents that You claim support Your defenses and assertions in response to the Amended Complaint in this matter. 9. All offers, including contracts or informal offers, to purchase the Property since August 2020. 10. All documents evidencing, showing, or relating to the transfer of the Property to and from You since August 2020. 11. All documents evidencing, showing or relating to the transfer of the Property to and from M&S since August 2020. 7 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131* 305.379.9000Filing # 129046363 E-Filed 06/18/2021 12:59:38 PM IN THE CIRCUIT COURT OF THE 157 JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 2021-CA-002979XXXX-MB JUSTIN FORER, an individual, and MORGAN FORER, an individual, Plaintiffs, v. M&S JASMINE PROPERTY, LLC, a New York limited liability company, and SAMY KHALIL, an individual, Defendants. / PLAINTIFFS’ REQUEST FOR ADMISSIONS TO SAMY KHALIL Plaintiffs, JUSTIN FORER and MORGAN FORER, through undersigned counsel and pursuant to Fla. R. Civ. P. 1.370, hereby serve their Request for Admissions upon Defendant, SAMY KHALIL (“Khalil”), and request that Khalil admit or deny the truth of the admissions set forth herein within thirty (30) days of the date hereof. Respectfully submitted, KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. Counsel for Plaintiffs Miami Center, 27th Floor 201 South Biscayne Boulevard, Miami, Florida 33131 Telephone: (305) 379-9000; Facsimile: (305) 379-3428 By: s/ Michael S. Perse Michael S. Perse Fla. Bar No. 603619 mperse@klugerkaplan.com Michael T. Landen Fla. Bar No. 161144 mlanden@klugerkaplan.com KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L.* CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 06/18/2021 12:59:38 PM ***CASE NO.: 2021-CA-002979XXXX-MB INSTRUCTIONS A. You must serve a written answer or objection to each request within thirty (30) days after service of the request or else the matter is admitted. B. You must state the reasons for any objection. C. You must specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. D. Any denial you make must fairly meet the substance of the requested admission, and when good faith requires you to qualify your answer or deny only a part of the matter for which an admission is requested, you shall specify so much of it as is true and qualify or deny the remainder. E. In the event a lack of information or knowledge is the reason for your failure to admit or deny, you must state that you made a reasonable inquiry and that the information known or readily attainable by you is insufficient to enable you to admit or deny. F, You must pay any expenses, including legal fees under Rule 1.380(a)(4), Fla. R. Civ. P., incurred to prove a matter which you improperly failed to admit. 2 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB DEFINITIONS For purposes of these requests, the following definitions shall apply: 1. The terms “Defendant” “you,” “your,” “yours,” and/or “yourself” means the Defendant Samy Khalil, and, when not negated by the context, shall also mean each and every officer, employee, representative, attorney, or agent of said Defendant who has held or presently holds such a position during the relevant time period. 2. The term “Plaintiffs” as may be used herein means the Plaintiffs, Justin Forer and Morgan Forer, or any employee, agent or attorney for the Plaintiff, and any other person or entity acting for or on behalf or under the Plaintiffs authority and control. 3. The singular shall include the plural and vice versa; the terms “and” and “or” shall be both conjunctive and disjunctive; and the term “including” means including without limitation. 4. “Relating to” and “relate to” shall be construed in their broadest senses and shall mean to make a statement about, refer to, discuss, describe, reflect, contain, comprise, identify, or in any way to pertain to, in whole or in part, or otherwise to be used, considered, or reviewed in any way in connection with, the specified subject. Thus, documents that “relate to” a subject also include those which were specifically rejected and those which were not relied or acted upon. 5. “Possession, custody, or control” means any document or thing at the disposal of, available to, under your protection, care, or maintenance or any document or thing subject to your exercise of power or dominion. 6. “Has,” “had,” or “have” means within your actual or constructive possession, custody or control. 7. “Person” means any natural person, a corporation, partnership, or business association or entity, any governmental body, commission, board, department or agency. 8. “Agreement” means the act of two or more persons, who unite in expressing mutual and common purpose, with the view of altering their rights and obligations. 9. “Any” shall be deemed to include and encompass the words “each” and “all.” 10. “Entity” means any individual, partnership, company, corporation, association, business trust, partnership, limited partnership, organization, agency or any other legal entity. 11. The word “or” should be interpreted to include “and.” 12. The term “document” refers to, and includes but is not limited to, writings, drawings, graphs, charts, phonograph records, emails, computer or other recording tapes, and every other type of physical evidence or data compilation. 3 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB 13. The terms “identification” or “identify”, as applied to documents, shall require stating the date, author, addressee, signatory, number of pages, subject matter, custodian and location of document. 14. The terms “Relating to” and “relate to” shall be construed in their broadest senses and shall mean to make a statement about, refer to, discuss, describe, reflect, contain, comprise, identify, or in any way to pertain to, in whole or in part, or otherwise to be used, considered, or reviewed in any way in connection with, the specified subject. Thus, documents that “relate to” a subject also include those which were specifically rejected and those which were not relied or acted upon. 15. The term “relevant time period”, shall mean the period between June 2020, when the initial Lease Agreement was entered into and the date of service of this Request for Admissions via email or U.S. regular mail, unless otherwise indicated. 16. “Complaint” shall mean Plaintiff's Complaint filed in the above captioned action on April 16, 2021. 17. “Lease Agreement” shall mean the Lease Agreement that is attached to Plaintiff's Complaint as Exhibit “A.” 18. “Property” shall mean the property located at 920 Jasmine Dr. Delray Beach, Florida 33483. 19. “Addendum” shall mean the Addendum to Contract attached to the Complaint as Exhibit “B” and attached hereto as Exhibit “A.” 20. “Sale Agreement” shall mean the “AS IS” Residential Contract for Sale and Purchase that is attached to the Complaint as Exhibit “C.” 4 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB REQUESTS FOR ADMISSION Defendant is requested to admit or deny the following pursuant to Rule 1.370, Florida Rules of Civil Procedure: 1. Please admit that You are a member of M&S Jasmine Property, LLC. 2. Please admit that You have authority to bind M&S to any transactions. 3. Please admit that all M&S members have authority to bind M&S to transactions. 4. Please admit that You entered into the Sale Agreement to purchase the Property with Plaintiffs. 5. Please admit that the Sale Agreement was a valid contract for the sale of property. 6. Please admit that the Addendum as attached hereto as Exhibit A, dated August 2020, is a true and correct copy of the Addendum. 7. Please admit that You were the landlord for purposes of the Addendum. 8. Please admit that You were the record owner of the title Property on the date the Addendum was entered into. 9. Please admit that the Addendum gave Plaintiffs an option to purchase the Property. 10. Please admit that the Addendum gave Plaintiffs a right of first refusal for sale of the Property. 11. Please admit that the Addendum gave Plaintiffs a right of first refusal for sale or transfer of the Property. 12. Please admit that You are listed as the landlord of the Property in the Lease Agreement. 13. Please admit that You, individually, signed the Lease Agreement as the landlord. 14. Please admit that the Lease was not assigned to You by M&S. 15. Please admit that You became the sole property owner of the Property in August 2020. 16. Please admit Plaintiffs timely obtained proper financing to close on the purchase of the Property. 17. Please admit that You received timely notice that Plaintiffs had obtained proper financing by March 1, 2021. 18. Please admit that Plaintiffs had timely satisfied all conditions necessary to move forward with the originally scheduled closing. 19. Please admit that Plaintiffs have demonstrated that they have every intention of closing on the Property and have done so since the original closing date. 5 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000CASE NO.: 2021-CA-002979XXXX-MB CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by the Court’ s E-Portal automatic E-Mail service on this 18" day of June, 2021 to: April Halle, Esq., Halle Law Firm., P.A., ahalle@hallelawfirm.com, admin@hallelawfirm.com, Counsel for M&S Jasmine Property, LLC. By: s./ Michael T. Landen Michael T. Landen, Esq. 6 KLUGER, KAPLAN, SILVERMAN, KATZEN & LEVINE, P.L. CITIGROUP CENTER, 27TH FLOOR, 201 SO. BISCAYNE BLVD., MIAMI, FL 33131# 305.379.9000EXHIBIT “A”Addendum to Contract iy FloridaRealtors Addendum No. __1___ to the Contract with the Effective Date of ____ August 1, 2020 between SAMY KHALIL AS LANDLORD (Seller) and JUSTIN AND MORGAN FORER AS TENANT (Buyer) concerning the property described as: 920 JASMINE DR DELRAY BEACH _ FL, 33483 (the "Contract"). Seller and Buyer make the following terms and conditions part of the Contract: Tenant has the option to decide no later than thirty days prior to the end of the lease to renew the lease at the same monthly price for an additional six months. If Seller receives a bona fide offer of purchase on the property during the term of the lease, ,tenant will have first right of refusal to match the offer price within two business days and then purchase the home at that price. If Tenant does not choose to purchase the property, the lease terms are still valid through the end of the lease. If at any time, Tenant decides to purchase the property, fifty percent of rent payments to date will be applied to the purchase of the home and the lease will be terminated upon closing of the purchase of the home. Reliable Realty and Bex Realty LLC. will be entitle to 6% commission paid by the seller. Buyer: Uostin Forer Date; 71707 1092 PM EDT Buyer; Morgan Forer Date: 21202 106 PM EDT Seller, Samy Khalil Date: 06/21/2020 Seller: Date: ACSP-4 Rev 6/17, ©2017 Florida Realtors® Serial 025048-800159-2758847 ‘Form Simplicity Electronically Signed using aSigrOnine™ [ Session ID : 777He72-0226-4cb2-Ghes-28ebb<737a