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Filing # 140896563 E-Filed 12/23/2021 12:42:03 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION,
Petitioner, Case No. 2021 CA 000600 A
Parcel 112
-vs-
SURYAKANT PATEL, et al.
Defendants,
/
DEFENDANT NAJIR, LLC’S
FIRST REQUEST FOR PRODUCTION
Defendant, NAJIR, LLC, a Florida Limited Liability Company, by and through the
undersigned counsel, hereby requests, pursuant to Rule 1.350, Fla. R. Civ. P., that Petitioner
produce and permit Defendant, or its representatives, to inspect and copy each of the documents
requested below:
DEFINITIONS
1. As used herein, “you” or “your” shall refer to the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, as well as any attorney or other agent acting on its
behalf.
2. As used herein, “defendant” shall refer to defendant NAJIR, LLC.
3. As used herein, the “subject property” shall refer to NAJIR, LLC’s easement over
Parcel 112, as more fully described in the Petition for Eminent Domain filed in this matter, its
parent tract, and its remainder.
4, As used herein, the “subject project” shall refer to Petitioner’s project for which
Parcel 112 is sought to be acquired.
5. As used herein, the word “document” shall mean, in addition to its common
meaning, correspondence, memoranda (including written memoranda of telephone
conversations, other oral communications, discussions, agreements, act and activities),
telegrams, telexes, cables, telephone records, reports, tests, samples, studies, compilations of
data, filings, pamphlets, diaries, records, charts, lists, analyses, graphs, log books, diagrams, costestimates, worksheets, contacts, agreements, books, catalogs, price lists, price quotations,
financial statements, books of account, journals, ledgers, expense reports and other financial
reports, audits, work papers, profit and loss statements, annual reports, state and federal tax
returns, purchase orders, invoices, billings, credit processing materials, data sheets, tapes,
photographs, transcripts, motion pictures, slides, photostats, microfilm, microfiche, maps,
receipts, directives, bulletins, communiqués, press releases, newspaper clippings, handbills or
studies, surveys, polls, minutes, instructions, requests, cancelled checks, calendars, check pads,
appointment books, scrap books, notebooks, stenographic note pads, specifications, drawings,
diagrams, sketches, and each draft and non-identical copy of the foregoing, including those
which are notations and writings that do not appear on the originals, now or formerly in the
actual or constructive possession, custody or control of you, or of which you or your
representatives or agents have knowledge.
6. The use of the singular herein shall include the plural, and vice versa; the use of
the word “any” shall include and encompass the word “all,” and vice versa; the use of the
disjunctive shall include the conjunctive, and vice versa; and, unless the context indicates
otherwise, the use of any gender includes all other genders.
7. As may be used herein, the term “communications” means the act or fact of
communicating, whether orally, non-verbally, telephonically, telegraphically, electronically, in
writing, by recording, or otherwise.
8. In accordance with Rule 1.350(b), Florida Rules of Civil Procedure, you shall
produce the documents for inspection as they are kept in the usual course of business or shall
organize and label them to correspond with the categories in the following requests.
9. If any privilege, qualified or absolute, is claimed by you with respect to the
existence or the substance of any document, or if you object to its production based upon the
attorney work-product doctrine, you shall state in detail as to each such document the nature of
the privilege or doctrine claimed and provide the following information, except only to the extent
it may call for the precise information you object to disclosing.
(a) identify the document by setting forth its customary business description,
name, date, and title, and by describing its characteristics and contents
sufficiently for the court to determine the validity of your claim of
privilege; and
(b) provide the name, current residence and business addresses, and current
business and residence telephone numbers of each person that possesses or
has custody or control over the document or any copy thereof.
10. ‘If any responsive document has previously been provided to counsel for
Defendant, you may identify the date on which that document was previously provided in lieu of
providing said document again in response to this request for production.DOCUMENTS REQUESTED
1. Any and all appraisal reports, whether approved or unapproved, draft,
preliminary, or final, including updates, for Parcel 112, its parent tract, and remainder, including
but not limited to the parent tract and remainder containing the adjacent property owned in fee
simple by Defendant, NAJIR, LLC. This request includes databooks, supporting data,
computations and all comparable sales.
2. Any and all correspondence or memoranda, including e-mails, between any
appraiser and Petitioner, its representatives, agents or employees, including attorneys and review
appraisers, that set forth any instructions, guidelines, directions, corrections, approvals, or
critiques pertaining to any appraisal reports prepared or to be prepared for Parcel 112, its parent
tract, and remainder, including but not limited to the parent tract and remainder containing the
adjacent property owned in fee simple by Defendant, NAJIR, LLC.
3. Any and all review appraiser statements pertaining to appraisal reports for Parcel
112, its parent tract, and remainder, including but not limited to the parent tract and remainder
containing the adjacent property owned in fee simple by Defendant, NAJIR, LLC.
4, Any superceded or corrected pages from any appraisal for Parcel 112, its parent
tract, and remainder, including but not limited to the parent tract and remainder containing the
adjacent property owned in fee simple by Defendant, NAJIR, LLC.
5. Any and all reports, drawings, sketches, diagrams, studies, opinions and findings
prepared by any expert retained by Petitioner relating to Parcel 112, its parent tract, and
remainder, including but not limited to the parent tract and remainder containing the adjacent
property owned in fee simple by Defendant, NAJIR, LLC.6. Any and all documents or correspondence reviewed or relied upon by any expert
in the course of forming an opinion on any issue related to the Petitioner’s proposed acquisition
of Parcel 112.
7. The most current right of way maps for the subject project.
8. The most current construction plans for the subject property and adjacent
properties, including but not limited to, key sheet, general notes, typical sections, plan and
profile sheets, cross sections (including driveway profiles), drainage maps, drainage structure
sheets, pond detail sheets, signing and pavement marking plans, signal plans (if applicable),
structural plans (if applicable), control sheets and all other pages and sheets which pertain to
Parcel 112, its parent tract, and remainder, including but not limited to the parent tract and
remainder containing the adjacent property owned in fee simple by Defendant, NAJIR, LLC.
9. Any and all memos, reports or other documents, to or from any consultant/agent
regarding Parcel 112, its parent tract, and remainder, including but not limited to the parent tract
and remainder containing the adjacent property owned in fee simple by Defendant, NAJIR, LLC.
10. All documents, studies and reports that were considered or utilized by you to
determine the necessity to acquire Parcel 112.
11. All notes, correspondence, memoranda and e-mails between any expert hired by
Petitioner in connection with the acquisition of Parcel 112 and the Petitioner or amongst said
experts.
12. Any and all documents, title information, and memoranda which Petitioner
utilized or relied on to make its determination of the parent tract(s) of Parcel 112.
13. Any and all surveys of the parent tract(s) of Parcel 112 prepared by or on behalf
of Petitioner.14. Any and all reports, studies, opinions and findings pertaining to the subject
project prepared by or on behalf of Petitioner.
15. Petitioner’s complete and entire pre-suit acquisition file(s) for Parcel 112.
16. All statutory notices and documents sent to Defendant NAJIR, LLC or any other
Defendant pertaining to the proposed acquisition of Parcel 112.
17. All statutory notices and documents sent to the Department of Environmental
Protection or the local water management district pursuant to Florida Statutes Section 373.023
pertaining to the proposed acquisition of Parcel 112.
18. All written offers provided to Defendant NAJIR, LLC or any other Defendant by
Petitioner pursuant to Florida Statutes Section 73.015.
19. As to any expert witnesses retained by or on behalf of Petitioner in connection
with the proposed acquisition of Parcel 112, any and all invoices or other documents submitted
to Petitioner reflecting work performed on the subject project.
20. Any and all documents that Petitioner will or may seek to admit into evidence at
the Order of Taking hearing for Parcel 112.
21. Any and all documents, including correspondence, e-mail messages, memoranda,
or notes, containing public comments received by Petitioner regarding the subject project.
22. Any and all documents, including correspondence, e-mail messages, memoranda,
or notes, containing instructions, appraisal guidelines, legal memoranda and interpretations of
law given to any expert witness retained on behalf of Petitioner in connection with the proposed
acquisition of Parcel 112.
23. Any and all documents reflecting the production schedule for the subject project,
including the schedule for acquisition of right of way, right of way clear dates, certification of
5right of way clear dates, letting dates, commencement of construction date, and end of
construction date.
24. — All documents, plans, depictions or illustrations prepared by or on behalf of the
Petitioner that show the access driveways and curb cuts of the subject property in the before
condition.
25. — All documents, plans, depictions or illustrations prepared by or on behalf of the
Petitioner that show the access driveways and curb cuts of the subject property in the after
condition.
26. All resolutions delegating authority to commit to specific access to the remainder
properties signed or executed by the District Secretary that pertain to the subject property.
27. All documents, studies and reports addressing any or all of the following as to the
subject project: the availability of alternate alignments; the availability of alternate corridors;
long-range planning; safety; environmental factors; cost.
28. Drainage design calculations, drainage reports, and roadway soil surveys for the
subject project.
29. All retention pond design studies, whether approved or unapproved, draft,
preliminary, or final, including updates, for the pond to be located on Parcel 112.
30. All pond siting reports, whether approved or unapproved, draft, preliminary, or
final, including updates, for the subject project.
31. All construction plans and other graphics prepared by or on behalf of Petitioner
depicting a driveway connection to be constructed as part of Petitioner’s project between the
adjacent property owned in fee simple by Defendant, NAJIR, LLC and US 41.32. Any and all documents, including all correspondence, electronic or otherwise,
memoranda, notes and meeting minutes, discussing the provision of a driveway connection to be
constructed as part of Petitioner’s project between the adjacent property owned in fee simple by
Defendant, NAJIR, LLC and US 41, including but not limited to any documents, etc. pertaining
to Petitioner’s decision to not move forward with the provision of said driveway connection.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
electronic mail delivery to Aloyma Sanchez, Esq., Aloyma.sanchez@dot.state.fl.us,
d7.litigation@dot.state.fl.us, and by U.S. Mail or by electronic mail, where indicated, to all
parties on the attached service list, and was electronically filed with the Clerk of the Circuit
Court on the 23rd day of December, 2021.
/s/ Anthony V. Policastro,
Anthony V. Policastro, Esq.
FBN 0937932
Policastro Law Group
1700 N. McMullen Booth Road, Suite C5
Clearwater, FL 33759
Phone: (727) 475-1988
tony@policastrolaw.com
eric@policastrolaw.com
Brent E. Simon, Esq.
FBN 511640
Brent Simon Law Group
5945 Florida Avenue
ew Port Richey, FL 34652
Phone: (727) 847-0311
brent@fullecomp.com
pleadings@fulleomp.com
Attorneys for Defendant,
ajir, LLCSERVICE LIST
Parcel 112
Florida Department of Transportation
Serve: Aloyma Sanchez, Esq.
Assistant General Counsel
Office of the General Counsel
11201 N. McKinley Drive
Tampa, FL 33612
D7.litigation@dot.state.fl.us
Aloyma.sanchez@dot.state.fl.us
Toni.pazienza@dot.state.fl.us
Suryakant Patel
Serve: James Helinger, Esq.
5650 1° Ave Nort
St. Petersburg, FL 33710
jim@eminentdomainfla.com
tobyn@eminentdomainfla.com
heidi@eminentdomainfla.com
service@eminentdomainfla.com
Bhartiben S. Patel
Serve: James Helinger, Esq.
5650 1 Ave Nort
St. Petersburg, FL 33710
jim@eminentdomainfla.com
tobyn@eminentdomainfla.com
heidi@eminentdomainfla.com
service@eminentdomainfla.com
Inverness Florida Motel, Inc., a Florida
corporation
Serve: James Helinger, Esq.
5650 1° Ave Nort
St. Petersburg, FL 33710
jim@eminentdomainfla.com
tobyn@eminentdomainfla.com
heidi@eminentdomainfla.com
service@eminentdomainfla.comCitrus County Tax Collector
Serve: Janice A. Warren or her designee
210 N Apopka Ave, Ste 100
Inverness, FL 34450
Tanyawilliams2@tampabay.rr.com
Jif1@tampabay.1r.com
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Filing # 140896563 E-Filed 12/23/2021 12:42:03 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, Case No. 2021 CA 000600 A Parcel 112 -vs- SURYAKANT PATEL, et al. Defendants, / DEFENDANT NAJIR, LLC’S FIRST REQUEST FOR PRODUCTION Defendant, NAJIR, LLC, a Florida Limited Liability Company, by and through the undersigned counsel, hereby requests, pursuant to Rule 1.350, Fla. R. Civ. P., that Petitioner produce and permit Defendant, or its representatives, to inspect and copy each of the documents requested below: DEFINITIONS 1. As used herein, “you” or “your” shall refer to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, as well as any attorney or other agent acting on its behalf. 2. As used herein, “defendant” shall refer to defendant NAJIR, LLC. 3. As used herein, the “subject property” shall refer to NAJIR, LLC’s easement over Parcel 112, as more fully described in the Petition for Eminent Domain filed in this matter, its parent tract, and its remainder. 4, As used herein, the “subject project” shall refer to Petitioner’s project for which Parcel 112 is sought to be acquired. 5. As used herein, the word “document” shall mean, in addition to its common meaning, correspondence, memoranda (including written memoranda of telephone conversations, other oral communications, discussions, agreements, act and activities), telegrams, telexes, cables, telephone records, reports, tests, samples, studies, compilations of data, filings, pamphlets, diaries, records, charts, lists, analyses, graphs, log books, diagrams, costestimates, worksheets, contacts, agreements, books, catalogs, price lists, price quotations, financial statements, books of account, journals, ledgers, expense reports and other financial reports, audits, work papers, profit and loss statements, annual reports, state and federal tax returns, purchase orders, invoices, billings, credit processing materials, data sheets, tapes, photographs, transcripts, motion pictures, slides, photostats, microfilm, microfiche, maps, receipts, directives, bulletins, communiqués, press releases, newspaper clippings, handbills or studies, surveys, polls, minutes, instructions, requests, cancelled checks, calendars, check pads, appointment books, scrap books, notebooks, stenographic note pads, specifications, drawings, diagrams, sketches, and each draft and non-identical copy of the foregoing, including those which are notations and writings that do not appear on the originals, now or formerly in the actual or constructive possession, custody or control of you, or of which you or your representatives or agents have knowledge. 6. The use of the singular herein shall include the plural, and vice versa; the use of the word “any” shall include and encompass the word “all,” and vice versa; the use of the disjunctive shall include the conjunctive, and vice versa; and, unless the context indicates otherwise, the use of any gender includes all other genders. 7. As may be used herein, the term “communications” means the act or fact of communicating, whether orally, non-verbally, telephonically, telegraphically, electronically, in writing, by recording, or otherwise. 8. In accordance with Rule 1.350(b), Florida Rules of Civil Procedure, you shall produce the documents for inspection as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the following requests. 9. If any privilege, qualified or absolute, is claimed by you with respect to the existence or the substance of any document, or if you object to its production based upon the attorney work-product doctrine, you shall state in detail as to each such document the nature of the privilege or doctrine claimed and provide the following information, except only to the extent it may call for the precise information you object to disclosing. (a) identify the document by setting forth its customary business description, name, date, and title, and by describing its characteristics and contents sufficiently for the court to determine the validity of your claim of privilege; and (b) provide the name, current residence and business addresses, and current business and residence telephone numbers of each person that possesses or has custody or control over the document or any copy thereof. 10. ‘If any responsive document has previously been provided to counsel for Defendant, you may identify the date on which that document was previously provided in lieu of providing said document again in response to this request for production.DOCUMENTS REQUESTED 1. Any and all appraisal reports, whether approved or unapproved, draft, preliminary, or final, including updates, for Parcel 112, its parent tract, and remainder, including but not limited to the parent tract and remainder containing the adjacent property owned in fee simple by Defendant, NAJIR, LLC. This request includes databooks, supporting data, computations and all comparable sales. 2. Any and all correspondence or memoranda, including e-mails, between any appraiser and Petitioner, its representatives, agents or employees, including attorneys and review appraisers, that set forth any instructions, guidelines, directions, corrections, approvals, or critiques pertaining to any appraisal reports prepared or to be prepared for Parcel 112, its parent tract, and remainder, including but not limited to the parent tract and remainder containing the adjacent property owned in fee simple by Defendant, NAJIR, LLC. 3. Any and all review appraiser statements pertaining to appraisal reports for Parcel 112, its parent tract, and remainder, including but not limited to the parent tract and remainder containing the adjacent property owned in fee simple by Defendant, NAJIR, LLC. 4, Any superceded or corrected pages from any appraisal for Parcel 112, its parent tract, and remainder, including but not limited to the parent tract and remainder containing the adjacent property owned in fee simple by Defendant, NAJIR, LLC. 5. Any and all reports, drawings, sketches, diagrams, studies, opinions and findings prepared by any expert retained by Petitioner relating to Parcel 112, its parent tract, and remainder, including but not limited to the parent tract and remainder containing the adjacent property owned in fee simple by Defendant, NAJIR, LLC.6. Any and all documents or correspondence reviewed or relied upon by any expert in the course of forming an opinion on any issue related to the Petitioner’s proposed acquisition of Parcel 112. 7. The most current right of way maps for the subject project. 8. The most current construction plans for the subject property and adjacent properties, including but not limited to, key sheet, general notes, typical sections, plan and profile sheets, cross sections (including driveway profiles), drainage maps, drainage structure sheets, pond detail sheets, signing and pavement marking plans, signal plans (if applicable), structural plans (if applicable), control sheets and all other pages and sheets which pertain to Parcel 112, its parent tract, and remainder, including but not limited to the parent tract and remainder containing the adjacent property owned in fee simple by Defendant, NAJIR, LLC. 9. Any and all memos, reports or other documents, to or from any consultant/agent regarding Parcel 112, its parent tract, and remainder, including but not limited to the parent tract and remainder containing the adjacent property owned in fee simple by Defendant, NAJIR, LLC. 10. All documents, studies and reports that were considered or utilized by you to determine the necessity to acquire Parcel 112. 11. All notes, correspondence, memoranda and e-mails between any expert hired by Petitioner in connection with the acquisition of Parcel 112 and the Petitioner or amongst said experts. 12. Any and all documents, title information, and memoranda which Petitioner utilized or relied on to make its determination of the parent tract(s) of Parcel 112. 13. Any and all surveys of the parent tract(s) of Parcel 112 prepared by or on behalf of Petitioner.14. Any and all reports, studies, opinions and findings pertaining to the subject project prepared by or on behalf of Petitioner. 15. Petitioner’s complete and entire pre-suit acquisition file(s) for Parcel 112. 16. All statutory notices and documents sent to Defendant NAJIR, LLC or any other Defendant pertaining to the proposed acquisition of Parcel 112. 17. All statutory notices and documents sent to the Department of Environmental Protection or the local water management district pursuant to Florida Statutes Section 373.023 pertaining to the proposed acquisition of Parcel 112. 18. All written offers provided to Defendant NAJIR, LLC or any other Defendant by Petitioner pursuant to Florida Statutes Section 73.015. 19. As to any expert witnesses retained by or on behalf of Petitioner in connection with the proposed acquisition of Parcel 112, any and all invoices or other documents submitted to Petitioner reflecting work performed on the subject project. 20. Any and all documents that Petitioner will or may seek to admit into evidence at the Order of Taking hearing for Parcel 112. 21. Any and all documents, including correspondence, e-mail messages, memoranda, or notes, containing public comments received by Petitioner regarding the subject project. 22. Any and all documents, including correspondence, e-mail messages, memoranda, or notes, containing instructions, appraisal guidelines, legal memoranda and interpretations of law given to any expert witness retained on behalf of Petitioner in connection with the proposed acquisition of Parcel 112. 23. Any and all documents reflecting the production schedule for the subject project, including the schedule for acquisition of right of way, right of way clear dates, certification of 5right of way clear dates, letting dates, commencement of construction date, and end of construction date. 24. — All documents, plans, depictions or illustrations prepared by or on behalf of the Petitioner that show the access driveways and curb cuts of the subject property in the before condition. 25. — All documents, plans, depictions or illustrations prepared by or on behalf of the Petitioner that show the access driveways and curb cuts of the subject property in the after condition. 26. All resolutions delegating authority to commit to specific access to the remainder properties signed or executed by the District Secretary that pertain to the subject property. 27. All documents, studies and reports addressing any or all of the following as to the subject project: the availability of alternate alignments; the availability of alternate corridors; long-range planning; safety; environmental factors; cost. 28. Drainage design calculations, drainage reports, and roadway soil surveys for the subject project. 29. All retention pond design studies, whether approved or unapproved, draft, preliminary, or final, including updates, for the pond to be located on Parcel 112. 30. All pond siting reports, whether approved or unapproved, draft, preliminary, or final, including updates, for the subject project. 31. All construction plans and other graphics prepared by or on behalf of Petitioner depicting a driveway connection to be constructed as part of Petitioner’s project between the adjacent property owned in fee simple by Defendant, NAJIR, LLC and US 41.32. Any and all documents, including all correspondence, electronic or otherwise, memoranda, notes and meeting minutes, discussing the provision of a driveway connection to be constructed as part of Petitioner’s project between the adjacent property owned in fee simple by Defendant, NAJIR, LLC and US 41, including but not limited to any documents, etc. pertaining to Petitioner’s decision to not move forward with the provision of said driveway connection. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic mail delivery to Aloyma Sanchez, Esq., Aloyma.sanchez@dot.state.fl.us, d7.litigation@dot.state.fl.us, and by U.S. Mail or by electronic mail, where indicated, to all parties on the attached service list, and was electronically filed with the Clerk of the Circuit Court on the 23rd day of December, 2021. /s/ Anthony V. Policastro, Anthony V. Policastro, Esq. FBN 0937932 Policastro Law Group 1700 N. McMullen Booth Road, Suite C5 Clearwater, FL 33759 Phone: (727) 475-1988 tony@policastrolaw.com eric@policastrolaw.com Brent E. Simon, Esq. FBN 511640 Brent Simon Law Group 5945 Florida Avenue ew Port Richey, FL 34652 Phone: (727) 847-0311 brent@fullecomp.com pleadings@fulleomp.com Attorneys for Defendant, ajir, LLCSERVICE LIST Parcel 112 Florida Department of Transportation Serve: Aloyma Sanchez, Esq. Assistant General Counsel Office of the General Counsel 11201 N. McKinley Drive Tampa, FL 33612 D7.litigation@dot.state.fl.us Aloyma.sanchez@dot.state.fl.us Toni.pazienza@dot.state.fl.us Suryakant Patel Serve: James Helinger, Esq. 5650 1° Ave Nort St. Petersburg, FL 33710 jim@eminentdomainfla.com tobyn@eminentdomainfla.com heidi@eminentdomainfla.com service@eminentdomainfla.com Bhartiben S. Patel Serve: James Helinger, Esq. 5650 1 Ave Nort St. Petersburg, FL 33710 jim@eminentdomainfla.com tobyn@eminentdomainfla.com heidi@eminentdomainfla.com service@eminentdomainfla.com Inverness Florida Motel, Inc., a Florida corporation Serve: James Helinger, Esq. 5650 1° Ave Nort St. Petersburg, FL 33710 jim@eminentdomainfla.com tobyn@eminentdomainfla.com heidi@eminentdomainfla.com service@eminentdomainfla.comCitrus County Tax Collector Serve: Janice A. Warren or her designee 210 N Apopka Ave, Ste 100 Inverness, FL 34450 Tanyawilliams2@tampabay.rr.com Jif1@tampabay.1r.com