Party Discovery: VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC

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                                Filing # 117345743 E-Filed 11/30/2020 11:23:17 AM

THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA

VILLAS AT EMERALD LAKE HOMEOWNERS | Case No.:
ASSOCIATION, INC., a Florida not for profit
corporation,

Plaintiff,
v.

ROYAL OAK HOMES, LLC, a Florida limited
liability company; ADVANCED WRAPPING AND
CONCRETE SOLUTIONS OF CENTRAL
FLORIDA, INC., a Florida corporation; DON
KING’S CONCRETE, INC., a Florida corporation;
HUGH MACDONALD CONSTRUCTION, INC., a
Florida corporation; IMPERIAL BUILDING
CORPORATION, a Florida corporation; PREMIER
PLASTERING OF CENTRAL FLORIDA, INC
N/K/A TGK STUCCO, INC., a Florida corporation;
WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida corporation; WEINTRAUB
INSPECTIONS & FORENSICS, INC. N/K/A
WEINTRAUB ENGINEERING AND
INSPECTIONS, INC., a Florida corporation; THE
DIMILLO GROUP, LLC, a Florida limited liability
company; WOLF’S IRRIGATION &
LANDSCAPING, INC., a Florida corporation;
SUMMERPARK HOMES, INC., a_ Florida
corporation; BROWN+COMPANY
ARCHITECTURE, INC., a Florida corporation;

Defendants.

 

 

PLAINTIFF’S NOTICE OF SERVING FIRST SET OF INTERROGATORIES TO
DEFENDANT WEATHERMASTER BUILDING PRODUCTS, INC.

COMES NOW the Plaintiff VILLAS AT EMERALD LAKE HOMEOWNERS
ASSOCIATION, INC. (“Plaintiff”), by and through its undersigned counsel and pursuant to Rule
1,340(a), Florida Rules of Civil Procedure, hereby propounds its First Set of Interrogatories to

Defendant WEATHERMASTER BUILDING PRODUCTS, INC. (“WEATHERMASTER’”) to be

1answered in the manner provided by Rule 1.340, Florida Rules of Civil Procedure, within forty-

five (45) days hereof.

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing has been served via hand delivery with service of
process of summons and complaint.

BALL JANIK LLP

By: _/s/ Nicholas B. Vargo
Phillip E. Joseph, FL No. 1000368

Evan J. Small, FL No. 57306
Jeffrey A. Widelitz, FL No. 105642
Nicholas B. Vargo, FL No. 121269
201 E Pine Street, Suite 600
Orlando, FL 32801

Telephone: (407) 455-5664
Facsimile: (407) 902-2105
pjoseph@balljanik.com
esmall@pballjanik.com
jwidelitz@balljanik.com
nvargo@balljanik.com
ypalmer@balljanik.com
cbetancourt@balljanik.com
mwise@balljanik.com
orlandodocket@balljanik.com

Counsel for Plaintiff Villas at Emerald Lake
Homeowners Association, Inc.VILLAS AT EMERALD LAKE HOMEOWNERS
ASSOCIATION, INC., a Florida not for profit
corporation,

Plaintiff,
v.

ROYAL OAK HOMES, LLC, a Florida limited
liability company; ADVANCED WRAPPING AND
CONCRETE SOLUTIONS OF CENTRAL
FLORIDA, INC., a Florida corporation; DON
KING’S CONCRETE, INC., a Florida corporation;
HUGH MACDONALD CONSTRUCTION, INC., a
Florida corporation; IMPERIAL BUILDING
CORPORATION, a Florida corporation; PREMIER
PLASTERING OF CENTRAL FLORIDA, INC
N/K/A TGK STUCCO, INC., a Florida corporation;
WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida corporation; WEINTRAUB
INSPECTIONS & FORENSICS, INC. N/K/A
WEINTRAUB ENGINEERING AND
INSPECTIONS, INC., a Florida corporation; THE
DIMILLO GROUP, LLC, a Florida limited liability
company; WOLF’S IRRIGATION &
LANDSCAPING, INC., a Florida corporation;
SUMMERPARK HOMES, INC., a_ Florida
corporation; BROWN+COMPANY
ARCHITECTURE, INC., a Florida corporation;

Defendants.

 

 

THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA

Case No.:

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT
WEATHERMASTER BUILDING PRODUCTS, INC.

DEFINITIONS AND INSTRUCTIONS

The following definitions and instructions shall apply to each interrogatory:

1. The terms “you,” “your,” or “Defendant” shall refer to WEATHERMASTER

BUILDING PRODUCTS, INC. (“WEATHERMASTER”) and any corporations, partnerships, or

3joint ventures in which such defendant has a controlling interest, defendant’s accountants, officers,
employees, agents, subcontractors, independent contractors, and other persons or entities acting
on defendant’s behalf or under defendant’s supervision, direction, or control.

2. The term “Plaintiff” shall refer to the named plaintiffs in this action, VILLAS AT
EMERALD LAKE HOMEOWNERS ASSOCIATION, INC. (the “Association”), as well as its
accountants, officers, directors, employees, agents, contractors, independent contractors, and other

persons or entities acting on Plaintiffs behalf or under Plaintiffs supervision, direction, or control.

3. The term “Subject Property” means and includes the individual units and common

areas located in Kissimmee, Osceola County, Florida.

4, The term “identify,” unless otherwise described in a particular interrogatory, means

the following:

a. When referring to an individual, state, to the fullest extent known, the
(i) name, (ii) residential address, (iii) employment address, (iv) phone number, (v) current
title or position of employment, and (vi) the nature of any past or present relationship to

Defendant.

b. When referring to an entity, state, to the fullest extent known, (i) the name
of the entity, (ii) its present or last known addresses, (iii) the owners and principals, and

(iv) the nature of any past or present relationship to Defendant.

5. The term “document” means any written, typewritten, computer-generated,
computer-stored or printed material, including, without limitation, emails, attachments to emails,
so-called “working files,” notes, checks, diaries, calendars, summaries, minutes, corporate and

partnership records, telephone records, memoranda (including notes and memoranda ofstatements, conferences, and conversations), correspondence, letters, telegrams, mailgrams,
publications, reports, contracts, agreements, accounting records, invoices, purchase orders, billing
statements, recordings, tapes, transcriptions of records and recordings, graphs, charts,
photographs, phonograph records, computer records, or other data compilation, and any other
tangible item that may be included in the definition of “writings and recordings”, and includes,

without limitation, originals, copies, and drafts.

6. To “describe” a lawsuit means to state the name of each plaintiff, the name of each
Defendant, the case number, the name and number of the Court, the county and state where the

Court is located, and the date the lawsuit was commenced.

7. To “describe” a property means to state the property’s name, name of each record
owner, date of construction, date of conversion, if any, and street address, city, county, state and

zip code.

8. To “describe” a document means to state the date and subject matter and identify

each person who sent or received the document.

9. The term “Insurance Policy” means and includes any agreement under which an
insurance business may be liable to satisfy all or part of a possible judgment in the action or to

indemnify or reimburse for payments made to satisfy the judgment.

10. The term “correspondence” includes letters, memoranda, telegrams, mailgrams,
electronic mail, telephonic facsimiles, notes of telephone conversations, and any other document

setting forth the fact of and/or content of a written or oral communication.

11. You may produce a copy of a document or of electronically-stored information

instead ofa description. You may satisfy your obligation to provide documents and electronically-stored information by producing their respective files and records to a commercial service and

making them available for copying by that service.

FIRST SET OF INTERROGATORIES

INTERROGATORY NO. 1: Please identify each person responding to, or providing
information used to respond to, these interrogatories and the request to produce served

concurrently herewith.

RESPONSE:

INTERROGATORY NO. 2: Please identify each person likely to have discoverable
information about the claims or defenses alleged in this lawsuit and state the subject(s) of that

information in each case.

RESPONSE:

INTERROGATORY NO. 3: Please describe any and all Insurance Policies through
which you are or may be entitled to coverage for losses or expenses that are or may be incurred
related to the claims in this lawsuit, including but not limited to defense costs or indemnity for
settlements or damages awarded against you. For each Insurance Policy, please state: the name of
the insurer, the named insured, the policy number, the effective dates, the available limits of

liability, and the issuing agent and/or broker.

RESPONSE:INTERROGATORY NO. 4: Please identify and describe each and every oral or written

contract between you and any other person or entity relating to the Subject Property.

RESPONSE:

INTERROGATORY NO. 5: Please describe fully and with particularity, your

understanding of your scope of work and responsibilities with respect to the Subject Property.

RESPONSE:

INTERROGATORY NO. 6: Please identify all contractors, subcontractors, designers,
or consultants you may have used for your work at the Subject Property. Please include in your

identification a description of each party’s scope of work.

RESPONSE:

INTERROGATORY NO. 7: Please identify any suppliers for materials you installed

during your work at the Subject Property.

RESPONSE:

INTERROGATORY NO. 8: Please state whether you have been involved in any lawsuit

other than this lawsuit and, if so, please describe each lawsuit.

RESPONSE:INTERROGATORY NO. 9: Please state whether you have entered into a contract with
any of the named defendants in this action in connection with a property other than the Subject

Property, and, if so, describe each property.

RESPONSE:

INTERROGATORY NO. 10: Please identify any materials you installed at the Subject

Property. Include in your response to the fullest extent known:
a. A general description of the type of material (for example “building wrap”);

b. The specific product used (for example “Tyvek StuccoWrap” or “Tyvek
DrainWrap”);

c. The manufacturer (for example “Dupont”);
d. The supplier of the material; and
e. A general description of the locations where the material was installed.

RESPONSE:

INTERROGATORY NO. 11: Please identify any written instructions you used for your
work at the Subject Property. Include in your response, without limitation, any plan details,
specifications, written change orders, responses to requests for information (“RFIs”), manufacturer
guidelines or installation instructions, trade publications, and any other written instructions or

directions.RESPONSE:

INTERROGATORY NO. 12: Please identify and describe any oral instructions you
received with respect to your work at the Subject Property. Include in your response, without
limitation, any instruction or direction provided by the general contractor, architect, owner’s

representative, or third-party inspector.

RESPONSE:

INTERROGATORY NO. 13: Do you intend to call any expert witnesses at the trial of
this case? If so, state as to each such witness the name and business address of the witness, the
witness’s qualifications as an expert, the subject matter upon which the witness is expected to
testify, the substance of the facts and opinions to which the witness is expected to testify, and a

summary of the grounds for each opinion.

RESPONSE:VERIFICATION OF ANSWERS TO INTERROGATORIES

Under penalties of perjury, I hereby swear or affirm that the above responses to Plaintiff's

First Set of Interrogatories are true and correct to the best of my knowledge.

WEATHERMASTER BUILDING PRODUCTS,
INC.

By:
Printed Name:
Title:

STATE OF )
)
COUNTY OF )

The foregoing was affirmed/sworn to and subscribed before me by means of
[ ] physical presence or [ ] online notarization, this __ day of , 2020, by
, who is personally known to me or who has produced

as identification.

NOTARY PUBLIC, STATE OF
Printed Name:

My Commission No.:

My Commission Expires:

(NOTARIAL SEAL)