Preview
Filing # 134861545 E-Filed 09/19/2021 10:24:04 PM
IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA
GALWAY BAY MOBILE HOMEOWNERS
ASSOCIATION, INC., GENERAL JURISDICTION DIVISION
Plaintiff, CASE NO.: 17- CA-00166-M
vs.
BIZA, CORP, d/b/a GALWAY BAY MOBILE
HOME PARK,
Defendant.
_________________________________________/
PLAINTIFF’S FIRST EXPERT REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT, BIZA, CORP, D/B/A/ GALWAY BAY MOBILE HOME PARK
Plaintiff, GALWAY BAY MOBILE HOMEOWNERS’ ASSOCIATION, INC. (“Plaintiff
HOA”), pursuant to Fla. R. Civ. P. 1.350, requests that Defendant Biza Corp, d/b/a/ Galway Bay
Mobile Home Park (“Defendant”) produce the documents, information and tangible things as set forth
below in the Request for Productions within 30 days of service of this request.
DEFINITIONS
A. The word “Plaintiff” refers to the Plaintiff, Galway Bay Mobile Homeowners Association,
Inc., who is named in the caption of this lawsuit.
B. The word “Defendant” refers to Biza Corp, d/b/a/ Galway Bay Mobile Home Park., who is
named in the caption of this lawsuit and any agents, representatives or other persons acting,
or purporting to act, on its behalf.
C. The word “Park” refers to Galway Mobile Home Park located at 1361 Overseas Highway,
Marathon, Florida 33050.
D. "Document," as used herein, includes any writing, computer record, order, memoranda,
policy, record, notice, letter, transmittal, manual provision, data, statistics, studies,
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electronic mail (e-mail), text message, audio or video recording or any other record or
writing of any kind. "Document" shall also mean any electronic recording of data or other
data compilations from which information can be obtained (translated if necessary, by the
responding party through detection devices into reasonably usable form) including
previously deleted but retrievable electronic recording.
E. “Relate to,” “relating to,” “regarding,” “referring to,” or “with respect to” mean to make a
statement about, refer to, discuss, describe, concern, 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 and/or electronic data
that “relate to” a subject also include those which were specifically rejected and those which
were not relied or acted upon.
F. “Communication(s)” means any discussion, representation, conversation, telephone call,
telephone message, face-to-face meeting, utterance, contact, correspondence, e-mail, text
message, statement, or other form of communicating information, whether verbal or written.
G. “Evidencing,” “showing,” or “reflecting” means to prove, establish, evidence, reflect, show,
or support the specified subject, contention, or fact.
H. “Comparable”: The term “comparable” shall include reference to a mobile home park that
offers similar facilities, services, amenities, and management pursuant to Fla. Stat. §
723.033(5).
I. The use of a word in its singular form shall be deemed to include its plural form. The use of
a word in its plural form shall be deemed to include its singular form.
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J. “2017 Rent Increase” shall mean the rent increase for dry lots, corner lots, and water
adjoining lots in the Park that was noticed to Park residents and went into effect on April 1,
2017.
K. “2018 Rent Increase” shall mean the rent increase for dry lots, corner lots, and water
adjoining lots in the Park that was noticed to Park residents and went into effect on April 1,
2018.
II. INSTRUCTIONS
A. With respect to each document that you contend is subject to the attorney-client privilege or
work-product doctrine, or that you have withheld pursuant to any other privilege, please
provide the following information in a privilege log:
a) the date or approximate date of the document;
b) the type of document (e.g., letter, memorandum);
c) a description of the subject matter of the document;
d) each and every person who prepared, signed, or participated in the preparation of the
document or any copy thereof;
e) each and every person who received the document or any copy thereof;
f) the present custodian(s) of the document;
g) a list of all attachments or enclosures to the document;
h) the nature of the privilege asserted and any statutes or rules which you contend
support your allegation of the privilege;
i) the person on whose behalf the privilege is asserted; and,
j) the paragraph of this request to which such information relates.
B. Label each of the documents you produce to correspond with the requests herein.
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C. If there are documents not currently in your possession, but which you can obtain from other
parties involved in this action, such documents are included in this request.
D. When a document exists as a computer database or spreadsheet file, Plaintiff requests that
the file be provided in an Excel format.
E. When a document exists in a computer disk as a word processing file, Plaintiff requests that
the file be provided in a Microsoft Word format.
F. If the document requests are to be considered continuing, then supplemental documents
must be submitted upon discovering or becoming aware of additional responsive documents.
The fact that your investigation is continuing, or discovery is incomplete is not an excuse for
your failure to respond to each request as fully and completely as possible.
G. If any paragraph of this request is believed to be ambiguous or unduly burdensome, please
contact the undersigned counsel and an effort will be made to remedy the problem.
H. Destroyed Documents. If any of the documents requested herein has been destroyed, please
furnish a list identifying each such document, its author and addressee, each person to whom
copies of the document were furnished or to whom the contents thereof were communicated,
a summary of the substance of the document, the date (or approximate date) upon which it
was destroyed, and the reason it was destroyed.
I. Manner of Production. Documents shall be produced as they are kept in the regular course
of business or, in the alternative, organized and labeled so as to correspond to the numerical
categories in this demand.
J. Objections. If, in response to any Request for Production, there is an objection to the form
or substance of the Request and, without waiving said objection documents are produced,
please state whether or not other documents, responsive to the Request, are being withheld.
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III. REQUEST FOR PRODUCTION
The following documents are to be produced:
1. Copies of any and all reports, notes, or documents prepared or relied on by your experts.
2. Copies of all written materials provided to your experts regarding this case, including, but
not limited to all correspondence with counsel.
3. Copies of all articles, or literature which your experts relied upon or reviewed in reaching
their opinions and conclusions about this case.
4. Copies of all written material prepared by your experts or at your experts’ direction,
including, but not limited to, notes, drafts of reports, final reports, memoranda, and
correspondence in any way referencing and/or pertaining to the Park, including but not
limited to any of the rent increase.
5. Copies of your experts’ computer disks containing notes, drafts of reports, final reports,
memoranda, and correspondence in any way referencing and/or pertaining to the Park.
6. Any and all computer printouts used by your experts, their agents, servants or employees or
anyone else regarding the Park, including but not limited to any of the rent increase.
7. Any and all material your experts, and/or their employees reviewed in this matter, including
but not limited to, depositions, correspondence, photographs, reports, books, articles,
literature, statements or other documents or other reference materials that were used or
relied upon in reaching their opinions and conclusions including but not limited to any of
the rent increases.
8. Copies of all photographs provided to your expert regarding this case.
9. A current curriculum vitae and bibliography of each of your experts.
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10. A list of all cases in which your experts have been deposed as an expert witness and/or has
testified at trial as an expert witness within the past five (5) years, along with the name of
the court in which the action was pending and the names of counsel in such cases.
11. A list of cases in which your experts were named as a defendant in any civil or criminal
proceeding.
12. Copies of any advertisement which would reflect your experts’ availability to review cases
for attorneys.
13. Your experts’ complete billing file in this case including, but not limited to, the charges for
services rendered, invoices or statements rendered, time spent on this case, and any and all
other relevant materials.
14. Copies of any written contract, proposals reflecting your experts’ fee arrangement for
providing testimony in this case.
15. Any and all material your experts, and/or their employees reviewed in this matter, including
but not limited to, depositions, correspondence, photographs, reports, books, articles,
literature, statements or other documents or other reference materials that were used or
relied upon.
16. Any and all results of analysis or calculations conducted by your expert, their agents,
servants, or employees regarding this lawsuit, and in any way referencing and/or pertaining
to the Park, including but not limited to any of the rent increases.
17. Any and all reports prepared or furnished by your experts, their agents and/or employees in
his case, whether they were final or not.
18. Any and all reports rendered by any of your experts in this case.
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Respectfully submitted,
LEGAL SERVICES OF GREATER MIAMI, INC.
By: /s/ Davalyn Suarez
Davalyn Suarez, Esq.
Florida Bar No. 1015563
Attorney for Plaintiff
4343 West Flagler Street, Suite 100
Miami, Florida 33134
Telephone: (305) 438-2552
Facsimile: (305) 438-2552
E-mail: dsuarez@legalservicesmiami.org
Secondary: pleadings@legalservicesmiami.org
Secondary: fparis@legalservicesmiami.org
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via Notice of
Electronic Filing on September 18, 2021, to Brett Lieberman Esq., Attorneys for Plaintiff at
brett@elrolaw.com.
By: /s/ Davalyn Suarez
Davalyn Suarez, Esq.
Florida Bar No. 1015563
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Preview
Filing # 134861545 E-Filed 09/19/2021 10:24:04 PM IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., GENERAL JURISDICTION DIVISION Plaintiff, CASE NO.: 17- CA-00166-M vs. BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, Defendant. _________________________________________/ PLAINTIFF’S FIRST EXPERT REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, BIZA, CORP, D/B/A/ GALWAY BAY MOBILE HOME PARK Plaintiff, GALWAY BAY MOBILE HOMEOWNERS’ ASSOCIATION, INC. (“Plaintiff HOA”), pursuant to Fla. R. Civ. P. 1.350, requests that Defendant Biza Corp, d/b/a/ Galway Bay Mobile Home Park (“Defendant”) produce the documents, information and tangible things as set forth below in the Request for Productions within 30 days of service of this request. DEFINITIONS A. The word “Plaintiff” refers to the Plaintiff, Galway Bay Mobile Homeowners Association, Inc., who is named in the caption of this lawsuit. B. The word “Defendant” refers to Biza Corp, d/b/a/ Galway Bay Mobile Home Park., who is named in the caption of this lawsuit and any agents, representatives or other persons acting, or purporting to act, on its behalf. C. The word “Park” refers to Galway Mobile Home Park located at 1361 Overseas Highway, Marathon, Florida 33050. D. "Document," as used herein, includes any writing, computer record, order, memoranda, policy, record, notice, letter, transmittal, manual provision, data, statistics, studies, 9/19/2021 10:24 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 1 electronic mail (e-mail), text message, audio or video recording or any other record or writing of any kind. "Document" shall also mean any electronic recording of data or other data compilations from which information can be obtained (translated if necessary, by the responding party through detection devices into reasonably usable form) including previously deleted but retrievable electronic recording. E. “Relate to,” “relating to,” “regarding,” “referring to,” or “with respect to” mean to make a statement about, refer to, discuss, describe, concern, 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 and/or electronic data that “relate to” a subject also include those which were specifically rejected and those which were not relied or acted upon. F. “Communication(s)” means any discussion, representation, conversation, telephone call, telephone message, face-to-face meeting, utterance, contact, correspondence, e-mail, text message, statement, or other form of communicating information, whether verbal or written. G. “Evidencing,” “showing,” or “reflecting” means to prove, establish, evidence, reflect, show, or support the specified subject, contention, or fact. H. “Comparable”: The term “comparable” shall include reference to a mobile home park that offers similar facilities, services, amenities, and management pursuant to Fla. Stat. § 723.033(5). I. The use of a word in its singular form shall be deemed to include its plural form. The use of a word in its plural form shall be deemed to include its singular form. Page 2 of 7 9/19/2021 10:24 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 2 J. “2017 Rent Increase” shall mean the rent increase for dry lots, corner lots, and water adjoining lots in the Park that was noticed to Park residents and went into effect on April 1, 2017. K. “2018 Rent Increase” shall mean the rent increase for dry lots, corner lots, and water adjoining lots in the Park that was noticed to Park residents and went into effect on April 1, 2018. II. INSTRUCTIONS A. With respect to each document that you contend is subject to the attorney-client privilege or work-product doctrine, or that you have withheld pursuant to any other privilege, please provide the following information in a privilege log: a) the date or approximate date of the document; b) the type of document (e.g., letter, memorandum); c) a description of the subject matter of the document; d) each and every person who prepared, signed, or participated in the preparation of the document or any copy thereof; e) each and every person who received the document or any copy thereof; f) the present custodian(s) of the document; g) a list of all attachments or enclosures to the document; h) the nature of the privilege asserted and any statutes or rules which you contend support your allegation of the privilege; i) the person on whose behalf the privilege is asserted; and, j) the paragraph of this request to which such information relates. B. Label each of the documents you produce to correspond with the requests herein. Page 3 of 7 9/19/2021 10:24 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 3 C. If there are documents not currently in your possession, but which you can obtain from other parties involved in this action, such documents are included in this request. D. When a document exists as a computer database or spreadsheet file, Plaintiff requests that the file be provided in an Excel format. E. When a document exists in a computer disk as a word processing file, Plaintiff requests that the file be provided in a Microsoft Word format. F. If the document requests are to be considered continuing, then supplemental documents must be submitted upon discovering or becoming aware of additional responsive documents. The fact that your investigation is continuing, or discovery is incomplete is not an excuse for your failure to respond to each request as fully and completely as possible. G. If any paragraph of this request is believed to be ambiguous or unduly burdensome, please contact the undersigned counsel and an effort will be made to remedy the problem. H. Destroyed Documents. If any of the documents requested herein has been destroyed, please furnish a list identifying each such document, its author and addressee, each person to whom copies of the document were furnished or to whom the contents thereof were communicated, a summary of the substance of the document, the date (or approximate date) upon which it was destroyed, and the reason it was destroyed. I. Manner of Production. Documents shall be produced as they are kept in the regular course of business or, in the alternative, organized and labeled so as to correspond to the numerical categories in this demand. J. Objections. If, in response to any Request for Production, there is an objection to the form or substance of the Request and, without waiving said objection documents are produced, please state whether or not other documents, responsive to the Request, are being withheld. Page 4 of 7 9/19/2021 10:24 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 4 III. REQUEST FOR PRODUCTION The following documents are to be produced: 1. Copies of any and all reports, notes, or documents prepared or relied on by your experts. 2. Copies of all written materials provided to your experts regarding this case, including, but not limited to all correspondence with counsel. 3. Copies of all articles, or literature which your experts relied upon or reviewed in reaching their opinions and conclusions about this case. 4. Copies of all written material prepared by your experts or at your experts’ direction, including, but not limited to, notes, drafts of reports, final reports, memoranda, and correspondence in any way referencing and/or pertaining to the Park, including but not limited to any of the rent increase. 5. Copies of your experts’ computer disks containing notes, drafts of reports, final reports, memoranda, and correspondence in any way referencing and/or pertaining to the Park. 6. Any and all computer printouts used by your experts, their agents, servants or employees or anyone else regarding the Park, including but not limited to any of the rent increase. 7. Any and all material your experts, and/or their employees reviewed in this matter, including but not limited to, depositions, correspondence, photographs, reports, books, articles, literature, statements or other documents or other reference materials that were used or relied upon in reaching their opinions and conclusions including but not limited to any of the rent increases. 8. Copies of all photographs provided to your expert regarding this case. 9. A current curriculum vitae and bibliography of each of your experts. Page 5 of 7 9/19/2021 10:24 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 5 10. A list of all cases in which your experts have been deposed as an expert witness and/or has testified at trial as an expert witness within the past five (5) years, along with the name of the court in which the action was pending and the names of counsel in such cases. 11. A list of cases in which your experts were named as a defendant in any civil or criminal proceeding. 12. Copies of any advertisement which would reflect your experts’ availability to review cases for attorneys. 13. Your experts’ complete billing file in this case including, but not limited to, the charges for services rendered, invoices or statements rendered, time spent on this case, and any and all other relevant materials. 14. Copies of any written contract, proposals reflecting your experts’ fee arrangement for providing testimony in this case. 15. Any and all material your experts, and/or their employees reviewed in this matter, including but not limited to, depositions, correspondence, photographs, reports, books, articles, literature, statements or other documents or other reference materials that were used or relied upon. 16. Any and all results of analysis or calculations conducted by your expert, their agents, servants, or employees regarding this lawsuit, and in any way referencing and/or pertaining to the Park, including but not limited to any of the rent increases. 17. Any and all reports prepared or furnished by your experts, their agents and/or employees in his case, whether they were final or not. 18. Any and all reports rendered by any of your experts in this case. Page 6 of 7 9/19/2021 10:24 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 6 Respectfully submitted, LEGAL SERVICES OF GREATER MIAMI, INC. By: /s/ Davalyn Suarez Davalyn Suarez, Esq. Florida Bar No. 1015563 Attorney for Plaintiff 4343 West Flagler Street, Suite 100 Miami, Florida 33134 Telephone: (305) 438-2552 Facsimile: (305) 438-2552 E-mail: dsuarez@legalservicesmiami.org Secondary: pleadings@legalservicesmiami.org Secondary: fparis@legalservicesmiami.org CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via Notice of Electronic Filing on September 18, 2021, to Brett Lieberman Esq., Attorneys for Plaintiff at brett@elrolaw.com. By: /s/ Davalyn Suarez Davalyn Suarez, Esq. Florida Bar No. 1015563 Page 7 of 7 9/19/2021 10:24 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 7