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Filing # 118913578 E-Filed 12/30/2020 05:37:22 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 2020CA010576XXXXMB
DIVISION: AH
BERNARD SUSSMAN and
FRANCINE SUSSMAN,
Plaintiff(s),
vs.
BCMB ENTERPRISES, INC d/b/a
A BETTER WAY HOME CARE,
Defendant.
/
PLAINTIFFS’ FIRST REQUESTS TO PRODUCE TO DEFENDANT
HERE NOW COMES, Plaintiffs, Bernard Sussman and Francine Sussman, by and
through the undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil
Procedure, and hereby propounds her First Request for Production to Defendant, BCMB
Enterprises, Inc., to produce the following documents for inspection and copying within
thirty (30) days of receipt.
INSTRUCTIONS
1. Where the name and identity of a person is required, please provide the full
name, home address, business address, telephone number, and fax number, if known.
2. Unless otherwise indicated, these requests refer to the time, place, and
circumstances of the occurrence mentioned or complained of in the pleadings,
specifically, Defendant’s employee spreading COVID-19 to the Plaintiffs.
3. Where documents, things, knowledge or information in possession of a
party is requested, such request includes those documents, things, knowledge or
information in possession of the party’s agents or family members, or any representative
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 12/30/2020 05:37:22 PM ***Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Request to Produce
Page 2 of 7
and, unless privileged, their attorneys. When a response is given by a business
defendant, state the name, address and title of the persons supplying the documentation
and information and making the affidavit.
4. The pronoun “YOU” refers to the party to whom these Requests are
addressed, and any persons mentioned in the above Paragraph 3 or below in Paragraph
7.
5. Unless otherwise specified, all discovery requests are from December 31,
2019 through the date of your response.
DEFINITIONS
For the purpose of these Requests, the following definitions will apply:
1. “Person” means a natural person, a group of natural persons acting as
individuals, a group of natural persons acting in collegial capacity (e.g. As a committee
[board of directors], a corporation, sole proprietorship, partnership, proprietorship, joint
venture, firm, association, government agency and/or any other business, government or
social entity, and any employee or agent thereof).
2. “Document” or “Writing” or “Material” means the original and all non-
identical copies of any written, typed, printed, photocopied, photographic or tape recorded
matter of any kind, including, but not limited to letters, envelopes, forms, affidavits,
correspondence, telegraphs, paper communications, signed statements, tabulations,
charts, memoranda, checks, appointment books, records, proposals, memoranda or
transcriptions by a mechanical device, by longhand or shorthand recording, tape recorded
or by electronic or any other means, computer generated information, computer software,Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Request to Produce
Page 3 of 7
computer programs, inter-office communications, all bulletins, calendars, circulars, desk
pads, opinion ledgers, minutes, agreements, journals, diaries, napkins, contracts,
invoices, balance sheets, telephone messages or other messages, magazines,
pamphlets, articles, notices, newspapers, studies, summaries, work sheets, telexes,
cables and all other graphic materials, writings and instruments, however, produced or
reproduced, and whether a draft or final version.
3. “Identify” means:
a. With respect to the natural person: their full name, their present or
last known residence address, their present or last known job title and
responsibilities, their social security number, date of birth, the address of their
present or last known employer, their job title and responsibilities at the time in
question, the address of their employer at that time;
b. With respect to a corporation: its full name, its state of incorporation,
its place of business, and the identity of the person in such organization who is
believed to have the most active knowledge of the matters in question;
c. With respect to a partnership: all of the information requested in the
immediately preceding subpart, with the exception of the state of incorporation,
and with the addition of the names of each partner.
d. With respect to a person other than a natural person, corporation or
partnership, its official name, its organization, and its address, and the identity of
the person in such organization who is believed to have the most extensive
knowledge of the matter in question;Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Request to Produce
Page 4 of 7
e. With respect to a document: (a) the nature of the document, the
substance of its contents, its date and place of preparation, its author and
recipients, serial or file number and the identity of its present location and
custodian, or (b) in lieu thereof, production of the document:
f. With respect to a communication: the manner of the communication, the
date of and the parties to the communication, where it took place, its substance, and the
identification of all documents that relate to the communication.
4. “Relating” or “Concerning” means pertaining, constituting, comprising,
containing, setting forth, showing, disclosing, describing, explaining, summarizing,
mentioning, referencing or referring to in any way.
5. “Describe” means, in the case of an act, event, transaction, relationship,
thing or occurrence:
a. A detailed description, including identification of dates, places,
persons involved, and means employed;
b. Identification of your sources of information conceming such act,
event, transaction, thing or occurrence, including the date you received such
information;
c. Identification of each person having knowledge of such act, event,
transaction, thing or occurrence, and;
d. Identification of each communication of each document relating to
such act, event, transaction, thing or occurrence.Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Request to Produce
Page 5 of 7
6. “State the basis” means to identify each fact relating to the topic at issue,
each document and communication relating to such topic, each person having knowledge
of such topic, and each source of information relating to the topic.
7. “You” and “your” means Defendant, BCMB Enterprises, Inc., as well as any
agents, employees, representatives, and all other persons in active concert and
participation with defendant, including impendent contractors.
8. “And” includes “or” and vice versa; the singular form includes the plural and
vice versa; the masculine includes the feminine and vice versa; the past tense of verbs
includes the present tense and vice versa;
9. “Including” means including, without limitation.
10. “Shay” means the Defendant’s employee, Shay, who provided home health
care services to the Plaintiff, Bernard Sussman.
DOCUMENTS TO BE PRODUCED
1. Any and all documents supporting the affirmative defenses raised by the
Defendant.
2. Any and all documents you intend to rely upon at trial.
3. All of Shay’s COVID-19 test results.
4. Shay’s work schedule reflecting any and all home visits scheduled following
receipt of Shay’s positive COVID-19 test result.
5. Any and all documents reflecting the names of all of the Defendant's
employees that provided any service to the Plaintiffs.Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Request to Produce
Page 6 of 7
6. Any and all documents reflecting any other client of the Defendant that
tested positive for COVID-19 after interacting with any of Defendant’s employees.
7. Any and all documents reflecting Defendant's procedures related to use of
personal protective equipment during COVID-19 by its employees.
8. Any and all documents reflecting the availability of personal protective
equipment for Defendant's employees.
9. Defendant's procedures and protocol related to the prevention of the spread
of COVID-19.
10. Any and all C.D.C. guidelines to health care providers and facilities on
interacting with individuals at high-risk of COVID-19
11. Any and all C.D.C. guidelines to health care providers and facilities on
interacting with individuals and the use of PPE
12. All policies, protocols, procedures, or the similar related to COVID-19 for
which the Defendant requested and/or required its employees to follow.
13. All warnings given to the Plaintiffs related to COVID-19.
14. Any and all policies and procedures related to the sanitization of
Defendant's medical equipment.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing instrument has
been furnished via electronic mail to the parties as printed below on the attached service
list, and we have filed the foregoing with the Clerk of the Palm Beach County Court by
using the Florida Courts E-Filing Portal, dated this 30 day of December 2020.Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Request to Produce
Page 7 of 7
Respectfully Submitted,
ROY & ASSOCIATES, P.A.
By: /s/: Dave K. Roy, Esq.
DAVE K. ROY, ESQ. (FBN 92551)
1665 Palm Beach Lakes Blvd., Suite 101
West Palm Beach, FL 33401
Telephone: (561) 729-0095
Facsimile: (267) 222-6953
E-Service: info@daveroylaw.com
SERVICE LIST:
Robin N. Khanal, Esq. and Christopher N. Gonsalves, Esq., 255 S. Orange Ave., Suite
900, Orlando, Florida 32801; E-Service: RNK.Pleadings@qpwblaw.com
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Filing # 118913578 E-Filed 12/30/2020 05:37:22 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2020CA010576XXXXMB DIVISION: AH BERNARD SUSSMAN and FRANCINE SUSSMAN, Plaintiff(s), vs. BCMB ENTERPRISES, INC d/b/a A BETTER WAY HOME CARE, Defendant. / PLAINTIFFS’ FIRST REQUESTS TO PRODUCE TO DEFENDANT HERE NOW COMES, Plaintiffs, Bernard Sussman and Francine Sussman, by and through the undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil Procedure, and hereby propounds her First Request for Production to Defendant, BCMB Enterprises, Inc., to produce the following documents for inspection and copying within thirty (30) days of receipt. INSTRUCTIONS 1. Where the name and identity of a person is required, please provide the full name, home address, business address, telephone number, and fax number, if known. 2. Unless otherwise indicated, these requests refer to the time, place, and circumstances of the occurrence mentioned or complained of in the pleadings, specifically, Defendant’s employee spreading COVID-19 to the Plaintiffs. 3. Where documents, things, knowledge or information in possession of a party is requested, such request includes those documents, things, knowledge or information in possession of the party’s agents or family members, or any representative *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 12/30/2020 05:37:22 PM ***Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Request to Produce Page 2 of 7 and, unless privileged, their attorneys. When a response is given by a business defendant, state the name, address and title of the persons supplying the documentation and information and making the affidavit. 4. The pronoun “YOU” refers to the party to whom these Requests are addressed, and any persons mentioned in the above Paragraph 3 or below in Paragraph 7. 5. Unless otherwise specified, all discovery requests are from December 31, 2019 through the date of your response. DEFINITIONS For the purpose of these Requests, the following definitions will apply: 1. “Person” means a natural person, a group of natural persons acting as individuals, a group of natural persons acting in collegial capacity (e.g. As a committee [board of directors], a corporation, sole proprietorship, partnership, proprietorship, joint venture, firm, association, government agency and/or any other business, government or social entity, and any employee or agent thereof). 2. “Document” or “Writing” or “Material” means the original and all non- identical copies of any written, typed, printed, photocopied, photographic or tape recorded matter of any kind, including, but not limited to letters, envelopes, forms, affidavits, correspondence, telegraphs, paper communications, signed statements, tabulations, charts, memoranda, checks, appointment books, records, proposals, memoranda or transcriptions by a mechanical device, by longhand or shorthand recording, tape recorded or by electronic or any other means, computer generated information, computer software,Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Request to Produce Page 3 of 7 computer programs, inter-office communications, all bulletins, calendars, circulars, desk pads, opinion ledgers, minutes, agreements, journals, diaries, napkins, contracts, invoices, balance sheets, telephone messages or other messages, magazines, pamphlets, articles, notices, newspapers, studies, summaries, work sheets, telexes, cables and all other graphic materials, writings and instruments, however, produced or reproduced, and whether a draft or final version. 3. “Identify” means: a. With respect to the natural person: their full name, their present or last known residence address, their present or last known job title and responsibilities, their social security number, date of birth, the address of their present or last known employer, their job title and responsibilities at the time in question, the address of their employer at that time; b. With respect to a corporation: its full name, its state of incorporation, its place of business, and the identity of the person in such organization who is believed to have the most active knowledge of the matters in question; c. With respect to a partnership: all of the information requested in the immediately preceding subpart, with the exception of the state of incorporation, and with the addition of the names of each partner. d. With respect to a person other than a natural person, corporation or partnership, its official name, its organization, and its address, and the identity of the person in such organization who is believed to have the most extensive knowledge of the matter in question;Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Request to Produce Page 4 of 7 e. With respect to a document: (a) the nature of the document, the substance of its contents, its date and place of preparation, its author and recipients, serial or file number and the identity of its present location and custodian, or (b) in lieu thereof, production of the document: f. With respect to a communication: the manner of the communication, the date of and the parties to the communication, where it took place, its substance, and the identification of all documents that relate to the communication. 4. “Relating” or “Concerning” means pertaining, constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, mentioning, referencing or referring to in any way. 5. “Describe” means, in the case of an act, event, transaction, relationship, thing or occurrence: a. A detailed description, including identification of dates, places, persons involved, and means employed; b. Identification of your sources of information conceming such act, event, transaction, thing or occurrence, including the date you received such information; c. Identification of each person having knowledge of such act, event, transaction, thing or occurrence, and; d. Identification of each communication of each document relating to such act, event, transaction, thing or occurrence.Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Request to Produce Page 5 of 7 6. “State the basis” means to identify each fact relating to the topic at issue, each document and communication relating to such topic, each person having knowledge of such topic, and each source of information relating to the topic. 7. “You” and “your” means Defendant, BCMB Enterprises, Inc., as well as any agents, employees, representatives, and all other persons in active concert and participation with defendant, including impendent contractors. 8. “And” includes “or” and vice versa; the singular form includes the plural and vice versa; the masculine includes the feminine and vice versa; the past tense of verbs includes the present tense and vice versa; 9. “Including” means including, without limitation. 10. “Shay” means the Defendant’s employee, Shay, who provided home health care services to the Plaintiff, Bernard Sussman. DOCUMENTS TO BE PRODUCED 1. Any and all documents supporting the affirmative defenses raised by the Defendant. 2. Any and all documents you intend to rely upon at trial. 3. All of Shay’s COVID-19 test results. 4. Shay’s work schedule reflecting any and all home visits scheduled following receipt of Shay’s positive COVID-19 test result. 5. Any and all documents reflecting the names of all of the Defendant's employees that provided any service to the Plaintiffs.Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Request to Produce Page 6 of 7 6. Any and all documents reflecting any other client of the Defendant that tested positive for COVID-19 after interacting with any of Defendant’s employees. 7. Any and all documents reflecting Defendant's procedures related to use of personal protective equipment during COVID-19 by its employees. 8. Any and all documents reflecting the availability of personal protective equipment for Defendant's employees. 9. Defendant's procedures and protocol related to the prevention of the spread of COVID-19. 10. Any and all C.D.C. guidelines to health care providers and facilities on interacting with individuals at high-risk of COVID-19 11. Any and all C.D.C. guidelines to health care providers and facilities on interacting with individuals and the use of PPE 12. All policies, protocols, procedures, or the similar related to COVID-19 for which the Defendant requested and/or required its employees to follow. 13. All warnings given to the Plaintiffs related to COVID-19. 14. Any and all policies and procedures related to the sanitization of Defendant's medical equipment. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been furnished via electronic mail to the parties as printed below on the attached service list, and we have filed the foregoing with the Clerk of the Palm Beach County Court by using the Florida Courts E-Filing Portal, dated this 30 day of December 2020.Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Request to Produce Page 7 of 7 Respectfully Submitted, ROY & ASSOCIATES, P.A. By: /s/: Dave K. Roy, Esq. DAVE K. ROY, ESQ. (FBN 92551) 1665 Palm Beach Lakes Blvd., Suite 101 West Palm Beach, FL 33401 Telephone: (561) 729-0095 Facsimile: (267) 222-6953 E-Service: info@daveroylaw.com SERVICE LIST: Robin N. Khanal, Esq. and Christopher N. Gonsalves, Esq., 255 S. Orange Ave., Suite 900, Orlando, Florida 32801; E-Service: RNK.Pleadings@qpwblaw.com