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Filing # 99887025 E-Filed 12/05/2019 05:41:24 PM
IN THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY FLORIDA
PEADEN, LLC,
Plaintiff,
v. Case No.: 19-CA-3214
RICHARD SISK, ERIC LUDWIG,
VIVIENNE REILLY, and CHERI STEWART,
Defendants.
FIRST REQUEST FOR PRODUCTION
Defendants, by and through its undersigned counsel, pursuant to Rule 1.350 of the Florida
Rules of Civil Procedure, hereby requests Plaintiff to produce for inspection, copying and
photographing by Defendants, within thirty (30) days, the following documents at a time and place
mutually convenient to counsel for the parties pursuant to Definitions and Instructions herein.
Definitions and Instructions
If any evidence is withheld on the basis of any form of privilege, create a “privilege log”
identifying the said evidence, the nature of the evidence, the privilege claimed, and the facts
supporting said privilege.
When used in this Request for Production, the following words shall be given the following
meanings:
A “Documents” means, without limitation, all originals, copies, and drafts of any
written, typewritten, recorded, transcribed, printed, taped, photographic or graphic printer,
however produced or reproduced, whether sent or received, or neither, including, but not limited
Page | of 4to, all books, pamphlets, articles, newspapers, press releases, magazines, booklets, circulars,
handbooks, manuals, periodicals, letters, memoranda, files, envelopes, notices, instruments,
reports, financial reports, records, studies, transcripts, diaries, checks, stubs, registers, audited or
unaudited financial statements, working papers, questionnaires, notes, notations, charts, lists,
comparisons, telegrams, communications, corporate reports, notes, notations and memoranda of,
or relating to, meetings or telephone conversations, minutes, transcriptions, correspondence,
agreements, contracts, offering circulars, graphs, tabulations, analyses, evaluations, projects,
opinions or reports of consultants, statements, summaries, desk calendars, appointment books,
telephone logs, surveys, computer inputs or outputs, data in computer memory, data stored on discs
or tapes, microfilm, magnetic tapes or discs or photographs within your possession, custody or
control. Different versions of the same documents, handwritten notes or notations in any form,
drafts of documents and documents with handwritten notations not found in the original or on other
copies are documents. “Documents” further means such documents as are in your possession,
custody, or control whether made, written or prepared by you or by any other person, “Documents”
further means the original of such documents, or if the original is not in your possession, custody
or control, then such copy as is in your possession, custody, or control. If only part of the original
or copy of any requested document is in your possession, custody or control, then identify such
part of the document that is in your possession, custody, or control. Without limitation of the term
“control,” a document is deemed to be within your control if you have ownership, possession, or
custody of the document or a copy thereof or the right or ability to secure the document or a copy
thereof from any other person or public or private entity having physical possession thereof.
B. “Correspondence” shall mean any document, in electronic or hard copy, reflecting
communication, including, but not limited to, letters, electronic mail, faxes, text messages,
Page 2 of 4statements, and memoranda,
Cc. The masculine includes the feminine and the feminine includes the masculine,
except where the circumstances clearly make it inappropriate. Likewise, the singular shall include
the plural and the plural shall include the singular, except where the circumstances would clearly
make it inappropriate. The one of any tense of any verb includes all other tenses of the verb used,
except where circumstances would clearly make it inappropriate.
D. “Relating to” or “related to” means containing, showing, concerning, respecting,
describing, depicting, embodying, including, identified with, connected with, in conjunction with,
evidencing, representing, comprising, relating to, or referring in any way, directly or indirectly to,
and is meant to include, among other things, matters that are or were underlying, supporting, or
connected. It also includes documents now or previously attached or appended to, or used in the
preparation of any documents called for by each request.
E. “And” as well as “or” shall be construed either disjunctively or conjunctively, as
necessary to bring within the scope of this request any information which might otherwise be
construed to be outside its scope.
F. “You”, “your”, “yours”, “yourself”, or “Plaintiff” shall refer to Peaden LLC the Plaintiff
in the instant action, and all other persons representing, acting or purporting to act on his behalf,
including without limitation, his attorney.
Documents to be Produced:
1. Any employment-related contract between you and the named Defendants in this
case, including any prior drafts.
2. All records of internal communications by or between employees and agents of
Page 3 of 4Peaden, besides its attorneys, regarding any of the issues raised in the Complaint or Motion for
Injunction.
3, All of Defendant's emails, during the last two months Defendant was employed
with Peaden.
4. All records related to any marketing directed by Peaden to HPM or its affiliates.
5. All records of any communication with HPM or its affiliates regarding any issue
in this lawsuit.
6. All records reflecting a solicitation by a Defendant that you contend violated that
Defendant's employment agreement.
7. Any documents related to a solicitation by HPM or its affiliates of any of your
actual or prospective customers.
8. All records of, or related to, work performed by you for HPM or any of its affiliates.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing has been sent via the State Court's E-filing Portal
e-service to Daniel Harrell, Esq., dharrell@clarkpartington.com and Jeremy Branning, Esq.,
jbranning@clarkpartington.com CLARK PARTINGTON, P.A., P.O. Box 13010, Pensacola, FL
32591, Attorneys Peaden, LLC. this Sth day of December 2019.
DUNLAP & SHIPMAN, P.A.
Michael P. Dickey
Florida Bar #115606
2063 S. County Hwy 395
Santa Rosa Beach, FL 32459
(850) 231-3315
Primary: mdickey@dunlapshipman.com
Secondary: amberley@dunlapshipman.com
ATTORNEY FOR DEFENDANT SISK,
LUDWIG, AND STEWART
Page 4 of 4
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Filing # 99887025 E-Filed 12/05/2019 05:41:24 PM IN THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY FLORIDA PEADEN, LLC, Plaintiff, v. Case No.: 19-CA-3214 RICHARD SISK, ERIC LUDWIG, VIVIENNE REILLY, and CHERI STEWART, Defendants. FIRST REQUEST FOR PRODUCTION Defendants, by and through its undersigned counsel, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby requests Plaintiff to produce for inspection, copying and photographing by Defendants, within thirty (30) days, the following documents at a time and place mutually convenient to counsel for the parties pursuant to Definitions and Instructions herein. Definitions and Instructions If any evidence is withheld on the basis of any form of privilege, create a “privilege log” identifying the said evidence, the nature of the evidence, the privilege claimed, and the facts supporting said privilege. When used in this Request for Production, the following words shall be given the following meanings: A “Documents” means, without limitation, all originals, copies, and drafts of any written, typewritten, recorded, transcribed, printed, taped, photographic or graphic printer, however produced or reproduced, whether sent or received, or neither, including, but not limited Page | of 4to, all books, pamphlets, articles, newspapers, press releases, magazines, booklets, circulars, handbooks, manuals, periodicals, letters, memoranda, files, envelopes, notices, instruments, reports, financial reports, records, studies, transcripts, diaries, checks, stubs, registers, audited or unaudited financial statements, working papers, questionnaires, notes, notations, charts, lists, comparisons, telegrams, communications, corporate reports, notes, notations and memoranda of, or relating to, meetings or telephone conversations, minutes, transcriptions, correspondence, agreements, contracts, offering circulars, graphs, tabulations, analyses, evaluations, projects, opinions or reports of consultants, statements, summaries, desk calendars, appointment books, telephone logs, surveys, computer inputs or outputs, data in computer memory, data stored on discs or tapes, microfilm, magnetic tapes or discs or photographs within your possession, custody or control. Different versions of the same documents, handwritten notes or notations in any form, drafts of documents and documents with handwritten notations not found in the original or on other copies are documents. “Documents” further means such documents as are in your possession, custody, or control whether made, written or prepared by you or by any other person, “Documents” further means the original of such documents, or if the original is not in your possession, custody or control, then such copy as is in your possession, custody, or control. If only part of the original or copy of any requested document is in your possession, custody or control, then identify such part of the document that is in your possession, custody, or control. Without limitation of the term “control,” a document is deemed to be within your control if you have ownership, possession, or custody of the document or a copy thereof or the right or ability to secure the document or a copy thereof from any other person or public or private entity having physical possession thereof. B. “Correspondence” shall mean any document, in electronic or hard copy, reflecting communication, including, but not limited to, letters, electronic mail, faxes, text messages, Page 2 of 4statements, and memoranda, Cc. The masculine includes the feminine and the feminine includes the masculine, except where the circumstances clearly make it inappropriate. Likewise, the singular shall include the plural and the plural shall include the singular, except where the circumstances would clearly make it inappropriate. The one of any tense of any verb includes all other tenses of the verb used, except where circumstances would clearly make it inappropriate. D. “Relating to” or “related to” means containing, showing, concerning, respecting, describing, depicting, embodying, including, identified with, connected with, in conjunction with, evidencing, representing, comprising, relating to, or referring in any way, directly or indirectly to, and is meant to include, among other things, matters that are or were underlying, supporting, or connected. It also includes documents now or previously attached or appended to, or used in the preparation of any documents called for by each request. E. “And” as well as “or” shall be construed either disjunctively or conjunctively, as necessary to bring within the scope of this request any information which might otherwise be construed to be outside its scope. F. “You”, “your”, “yours”, “yourself”, or “Plaintiff” shall refer to Peaden LLC the Plaintiff in the instant action, and all other persons representing, acting or purporting to act on his behalf, including without limitation, his attorney. Documents to be Produced: 1. Any employment-related contract between you and the named Defendants in this case, including any prior drafts. 2. All records of internal communications by or between employees and agents of Page 3 of 4Peaden, besides its attorneys, regarding any of the issues raised in the Complaint or Motion for Injunction. 3, All of Defendant's emails, during the last two months Defendant was employed with Peaden. 4. All records related to any marketing directed by Peaden to HPM or its affiliates. 5. All records of any communication with HPM or its affiliates regarding any issue in this lawsuit. 6. All records reflecting a solicitation by a Defendant that you contend violated that Defendant's employment agreement. 7. Any documents related to a solicitation by HPM or its affiliates of any of your actual or prospective customers. 8. All records of, or related to, work performed by you for HPM or any of its affiliates. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been sent via the State Court's E-filing Portal e-service to Daniel Harrell, Esq., dharrell@clarkpartington.com and Jeremy Branning, Esq., jbranning@clarkpartington.com CLARK PARTINGTON, P.A., P.O. Box 13010, Pensacola, FL 32591, Attorneys Peaden, LLC. this Sth day of December 2019. DUNLAP & SHIPMAN, P.A. Michael P. Dickey Florida Bar #115606 2063 S. County Hwy 395 Santa Rosa Beach, FL 32459 (850) 231-3315 Primary: mdickey@dunlapshipman.com Secondary: amberley@dunlapshipman.com ATTORNEY FOR DEFENDANT SISK, LUDWIG, AND STEWART Page 4 of 4