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Filing # 133398584 E-Filed 08/25/2021 02:19:38 PM
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
GALWAY BAY MOBILE HOMEOWNERS CASE NO.: 17-CA-000166-MR
ASSOCIATION, INC.,
Plaintiff,
vs.
BIZA, CORP, d/b/a GALWAY BAY MOBILE
HOME PARK,
Defendant.
/
NOTICE OF TAKING DEPOSITION
OF EXPERT WITNESS, CHARLES E. BADELL
PLEASE TAKE NOTICE that Defendant, Biza, Corp d/b/a Galway Bay Mobile Home
Park (“Defendant”), pursuant to Fla. R. Civ P. 1.390, will take the deposition of expert witness,
Charles E. Badell, in connection with the designated topics and items identified in Exhibit “A”
hereto, at the date and time indicated below:
NAME DATE AND TIME LOCATION
Charles E. Badell, MAI Wednesday, September 8, 2021 Edelboim Lieberman Revah
Managing Director at 10:00 a.m. Oshinsky, PLLC, 20200 W.
Integra Realty Rescourse – Dixie Highway, Ste. 905,
Miami | Caribbean Miami FL 33180
The deposition will be conducted before an officer authorized by law to take depositions. The
examination will continue from day to day until completed. The deposition is being taken for the
purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida
Rules of Civil Procedure.
PLEASE BE GOVERNED ACCORDINGLY
8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 1
Respectfully submitted,
EDELBOIM LIEBERMAN REVAH OSHINSKY PLLC
Counsel for Defendant
20200 W. Dixie Hwy., Ste 905
Miami, FL 33180
Telephone: (305) 928-1070
Facsimile: (305) 928-1114
Email: brett@elrolaw.com
By: /s/ Brett D. Lieberman
Brett D. Lieberman (FBN 69583)
Lance Kaufman (FBN 1022126)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was submitted through
the Florida E-Portal on August 25, 2021 and served on all parties authorized to receive
notifications via the Florida E-Portal generated service email, including Plaintiff’s counsel,
Davalyn Suarez, Esq, at dsuarez@legalservicesmiami.org.
By: /s/ Brett D. Lieberman
Brett D. Lieberman
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EXHIBIT “A”
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
GALWAY BAY MOBILE HOMEOWNERS CASE NO.: 17-CA-000166-MR
ASSOCIATION, INC.,
Plaintiff,
vs.
BIZA, CORP, d/b/a GALWAY BAY MOBILE
HOME PARK,
Defendant.
/
SUBPOENA DUCES TECUM OF EXPERT WITNESS,
CHARLES E. BADELL, WITH DEPOSITION
TO: Charles E. Badell, MAI
Managing Director
Integra Realty Rescourse – Miami | Caribbean
9155 Dadeland Blvd, Suite 1208
Miami, FL 33156
YOU ARE HEREBY COMMANDED to appear before a person authorized by law on
September 8, 2021 at 10:00 a.m. for the taking of your deposition at the law office of Edelboim
Lieberman Revah Oshinsky, PLLC, 20200 W. Dixie Highway, Ste. 905, Miami FL 33180, upon
oral examination before a Notary Public or other officer authorized by law to take depositions in
the State of Florida.
YOU ARE FURTHER COMMANDED and to have with you at that time the following
items:
See Schedule "A" attached hereto.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may condition the preparation of copies upon the payment in
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advance of reasonable cost of preparation. You have the right to object to the production pursuant
to this subpoena at any time before production by giving written notice to the attorney whose name
appears on this subpoena.
If you fail to:
1. appear as specified; or
2. object to this subpoena;
you may be in contempt of court. You are subpoenaed by the attorneys whose names appear on
this subpoena and unless excused from this subpoena by the attorneys or the court, you shall
respond to this subpoena as directed.
In accordance with the American with Disabilities Act of 1990, persons needing a special
accommodation to participate in this proceeding should contact the undersigned counsel no later
than seven days prior to the proceeding. Telephone (305) 768-9909 for assistance;
if hearing impaired, telephone the Florida Relay Service number (800) 955-8771 for assistance.
/s/ Brett D. Lieberman _________
BRETT D. LIEBERMAN
FOR THE COURT
Dated: August 25, 2021
EDELBOIM LIEBERMAN
REVAH OSHINSKY PLLC
Counsel for Defendant
Beacon Tower of Aventura
20200 W. Dixie Hwy, Suite 905
Miami, Florida 33180
Telephone: (305) 768-9909
Facsimile: (305) 928-1114
Email: brett@elrolaw.com
By: /s/ Brett D. Lieberman
Brett D. Lieberman, Esq. (FBN 69583)
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served on August
25, 2021 via Florida e-Filing Portal generated e-mail on all parties registered to receive such notice,
and via U.S. Mail at, Charles E. Badell, 9155 Dadeland Blvd, Suite 1208, Miami, FL 33156.
/s/ Brett D. Lieberman
Brett D. Lieberman, Esq.
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SCHEDULE "A"
Definitions
The following definitions apply:
A. “2017 Rent Increase” shall mean the rent increase for water adjoining lots, corner
lots and dry lots in the Park that was noticed to Park residents on December 16,
2016 and went into effect on April 1, 2017.
B. “2018 Rent Increase” shall mean the rent increase for water adjoining lots, corner
lots and dry lots in the Park that was noticed to Park residents on December 19,
2017 and went into effect on April 1, 2018.
C. “Act” shall mean Chapter 723 of the Florida Statutes entitled "Mobile Home Park
Lot Tenancies".
D. “Amended Prospectus” shall mean the amended prospectus for the Park dated
September 27, 2018.
E. “And” and “Or” shall be construed either disjunctively or conjunctively, as
necessary to bring within the scope of these interrogatories any responses which
might otherwise be construed to be outside of its scope.
F. “Any” and “all” shall be construed to bring within the scope of this request any
information which might be construed to relate to the subject matter of the request.
G. “Clarified Rules” shall mean the changes to the Park rules effective May 28, 2020
and approved by the Division on February 21, 2020 and February 27, 2020.
H. “Communications” refers to any electronic, oral, magnetic, or written transmittal
or transfer of data, facts, ideas, information, inquiries, or thought.
I. “Complaint” means the Verified Amended Complaint for Damages, Declaratory
and Injunctive Relief filed by the Plaintiff on April 18, 2018 in the above captioned
case.
J. "Control" means in your possession, custody or control or under your direction,
and includes in the possession, custody or control of those under the direction of
you or your employees, subordinates, counsel, accountant, consultant, expert,
parent or affiliated corporation, and any person purporting to act on your behalf.
K. “Copies” of a document include, but are not limited to, all nonidentical copies or
versions of the same document; duplicates or counterparts of an original produced
from the same impression or process as the original by carbon or other chemical or
substance or process; negative and positive film and prints of an original or copy
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and reproductions and facsimiles of an original or copy, whether or not the same
size, produced by photographic, micro photographic, photostatic, xerographic,
electronic, computerized, or mechanized process, or by any other process, and
enlargements and reductions thereof; and the data or other information comprising
a record stored or transmitted by such information storage or retrieval or
transmission system or device, if it is legible or can be made legible by enlargement
or other process.
L. “Correspondence” refers to any letter, note, memorandum, report, notice,
facsimile transmission, e-mail transmission, and any documents (as defined above)
that were sent or received from one or more persons to one or more persons,
regardless of authorship or origin, including that which was directed as a copy,
blind copy, forwarded copy, or sent or received mistakenly.
M. “DBPR” shall mean the Department of Business and Professional Regulation.
N. “Defendant” or “Biza” shall mean Biza Corp., d/b/a Galway Bay Mobile Home
Park, the Defendant in the above captioned case.
O. “Division” shall mean the Division of Florida Condominiums, Timeshares and
Mobile Homes of the Department of Business and Professional Regulation.
P. “Documents” and/or “records” shall mean, without limiting the generality of this
meaning, any writings, papers or tangible things in your possession, custody or
control, including, all ESI, letters, e-mails, text messages, computer files,
handwritten notes, calendar pads, appointment books, note pads, notebooks,
correspondence of any kind, postcards, memoranda, telegrams, telexes, annual or
other reports, financial statements, books, records, ledgers, journals, minutes of all
meetings, contracts, agreements, drafts of contracts or agreements, appraisals,
analyses, charts, graphs, data sheets, data tapes, computer disks, computer hard
drives or readable computer produced interpretations thereof, stenographic notes,
tape and disk recordings, tapes, photostats, recordings, photographs, drawings,
illustrations, plans and personal interviews, wherever located, whether located
original or duplicate, and all compilations of the foregoing including binders,
notebooks, folders and files. All categories of documents described above shall
include with respect thereto all communications, whether or not expressly stated.
If a document has been prepared in several copies, or additional copies have been
made and the copies are not identical (or by reason of subsequent modifications of
the copy by addition or notations, or other modifications, are no longer identical),
each non-identical copy is separate “document.”
Q. “ESI” refers to all computer or electronically stored or generated data and
information, and shall include all attachments to and enclosures with any requested
item, and all drafts thereof. Electronically Stored Information includes information
stored in any format and on any storage media, including: hard disks; floppy disks;
optical disks; flash memory devices; compact disks; backup and archival tapes;
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removable media such as zip drives, password protected and encrypted files,
databases, electronic calendars, personal digital assistants, SMS or MMS text
messages, cellular telephone based text communications, Blackberry/Research in
Motion “PIN” messages, any text based messages transmitted through a proprietary
or public “chat” service (e.g., Google Talk, ICQ Chat, AOL Instant Messenger,
MSN Messenger, etc.); proprietary software and inactive or unused computer disk
storage areas; and magnetic tape, whether fixed, portable, or removable.
Electronically Stored Information includes: word-processing Documents;
electronic spreadsheets; electronic presentation Documents; e-mail message; image
files; sound files; video files; and material or information stored in a database, or
accessible from a database. Electronically Stored Information also includes all
associated metadata that is maintained or saved, which includes: Document title or
name; file name; date and time of creation; date and time of last edit; identity of
author; identity of owner; identities of editors; identities of recipients; changes;
history of changes; e-mail header information; history of who viewed an e-mail and
when; and e-mail routing information. Electronically Stored Information further
includes: correspondence, telegrams, memoranda, Communications, minutes or
records of meetings and conferences, lists of Persons attending meetings or
conferences, summaries, records of conversations, drafts, notes, notebooks, logs,
invention records and disclosures, translations, drawings, graphs, charts,
photographs, sound recordings, images, data compilations, computer records or
printouts, specifications, reports, opinions, summaries, agreements, forecasts, plan
drawings, mask works, engineering drawings, expressions or statements of policy,
consultations, brochures, pamphlets, advertisements, publications, circulars, trade
letters, press releases and drafts of any of the foregoing. All electronically stored
information produced shall be produced in its native format. If electronically
Stored Information is not reasonably useable in its native form, then all software,
instructions, or tools necessary to make the information reasonably useable must
also be provided or identified.
R. “Including" is used in the sense of specification and is not to be construed as a
word of limitation.
S. “Original Prospectus” shall mean the original prospectus filed for the Park dated
October 30, 1985.
T. “Original Rules” shall mean the original Galway Park Rules and Regulations
contained within the original prospectus for the Park dated October 30, 1985.
U. “Park” shall mean Galway Bay Mobile Home Park, a mobile home park located in
Marathon, Florida.
V. “Plaintiff” or “HOA” shall mean Galway Bay Mobile Homeowners Association,
Inc., the Plaintiff in the above captioned case.
W. “Possession, custody, or control” shall have the same meaning as in the Florida
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Rules of Civil Procedure.
X. “Publication” refers to a book, magazine, newspaper, or document in which
information or stories are published.
Y. "Representative" means any and all agents, employees, servants, officers,
directors, accountants, attorneys, or other persons acting or purporting to act on
behalf of the person in question.
Z. “Rules Dispute Lawsuit” shall mean Case No. 2020-CA-000132-M filed in Monroe
County on August 28, 2018 by the HOA against Biza, styled Galway Bay Mobile
Homeowners Association, Inc. vs. Biza, Corp. D/B/A Galway Bay Mobile Home
Park.
AA. “Storage Payments” shall mean checks dating back to January 2015 demonstrating
that tenants paid separate fees for trailer and boat storage.
BB. “You” and “your” refers to the party upon whom this request is served and all of
his, her, or its successors and/or assigns, attorneys, employees, agents,
representatives, or others purporting to act on his, her or its behalf.
CC. The terms “person,” “individual,” “entity,” and “entities” are used interchangeably
and shall be deemed to include the plural and vice versa. Each of these terms shall
mean, but are not limited to: (i) any association, or business, legal, or governmental
entity, including all corporations, partnerships, associations, joint ventures, trust,
firms, or other business enterprise or legal entity, unless otherwise stated; or (ii)
surety ship; institution; or government or government agency or political
subdivision be it foreign or domestic; or (iii) board, committee, group, or
organization comprised of any of the foregoing or combination thereof, whether
they be now or previously existing.
DD. “Support,” “evidence,” “relate to,” “relating to,” “related to,” “referred to,”
“concerning,” “pertaining to,” and “regarding” shall mean anything which directly,
or indirectly, concerns, consists of, pertains to, reflects, evidences, describes, sets
forth, constitutes, contains, shows, underlies, supports, refers to in any manner, is
or was used in the preparation of, appended to, legally, logically or factually
connected with, proves, disproves, or tends to prove or disprove.
ITEMS
1. All materials which you are relying on to support the contention that the
valuation of the mobile homes and/or lots that specifically included the value of storing boats
and/or on the lot as part of the valuation.
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2. All materials which you are relying on to support the position that the right of
mobile homeowners to store their boats on their lots at Galway would have a material effect on
the value of their mobile home and lot.
3. Your entire file, excluding any items that claimed to be work product. Please
bring any work product materials from your files to the deposition.
4. All materials reviewed in this matter, including but not limited to, depositions,
correspondence, photographs, reports, books, articles, literature, films, tests, experiments,
statements, or other reference materials that you used or are relying on.
5. All reports you prepared or furnished in this case.
6. All reports which were furnished to you by other experts in this case.
7. A copy of your curriculum vitae.
8. Your complete billing file in this case, including, but not limited to, the charges
you have rendered, the statements you have rendered, the time spent on this case, and other
relevant materials concerning the time and bills on this case.
9. All notes, writings, memoranda, etc. which you have prepared on this case.
10. All computer printouts from computers used by you or your agents, servants or
employees, including any files or videos of computer simulations and animations.
11. The manual used for the program utilized on the computer which you used in
this case.
12. Pursuant to the Rules of Civil Procedure, Rule 1.280(4)(iii) any and all
documents in your possession disclosing the following: The scope of employment in the
pending case and the compensation for such service; your general litigation experience,
including the percentage of work performed for plaintiffs and defendants; the identity of other
cases, within a reasonable time period (not less than three years), in which you have testified
by deposition or at trial and an approximation of the portion of your involvement as an expert
witness, which may be based on the number of hours, percentage of hours, or percentage of
earned income derived from serving as an expert witness.
13. All materials which you are relying on to support any allegations in this case.
14. All materials and documents referenced in Plaintiff’s Response to Defendant’s
First Set of Expert Interrogatories dated June 7, 2021.
15. All materials and documents relied upon by you or your agents, servants or
employees in responding to Defendant’s First Set of Expert Interrogatories to Plaintiff dated
April 13, 2021.
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16. All materials and documents referenced in Plaintiff’s Response to Defendant’s
First Expert Request for Production of Documents dated June 7, 2021.
17. All materials and documents relied upon by you or your agents, servants or
employees in responding to Defendant’s First Expert Request for Production of Documents
to Plaintiff dated April 13, 2021.
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Preview
Filing # 133398584 E-Filed 08/25/2021 02:19:38 PM IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION GALWAY BAY MOBILE HOMEOWNERS CASE NO.: 17-CA-000166-MR ASSOCIATION, INC., Plaintiff, vs. BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, Defendant. / NOTICE OF TAKING DEPOSITION OF EXPERT WITNESS, CHARLES E. BADELL PLEASE TAKE NOTICE that Defendant, Biza, Corp d/b/a Galway Bay Mobile Home Park (“Defendant”), pursuant to Fla. R. Civ P. 1.390, will take the deposition of expert witness, Charles E. Badell, in connection with the designated topics and items identified in Exhibit “A” hereto, at the date and time indicated below: NAME DATE AND TIME LOCATION Charles E. Badell, MAI Wednesday, September 8, 2021 Edelboim Lieberman Revah Managing Director at 10:00 a.m. Oshinsky, PLLC, 20200 W. Integra Realty Rescourse – Dixie Highway, Ste. 905, Miami | Caribbean Miami FL 33180 The deposition will be conducted before an officer authorized by law to take depositions. The examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. PLEASE BE GOVERNED ACCORDINGLY 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 1 Respectfully submitted, EDELBOIM LIEBERMAN REVAH OSHINSKY PLLC Counsel for Defendant 20200 W. Dixie Hwy., Ste 905 Miami, FL 33180 Telephone: (305) 928-1070 Facsimile: (305) 928-1114 Email: brett@elrolaw.com By: /s/ Brett D. Lieberman Brett D. Lieberman (FBN 69583) Lance Kaufman (FBN 1022126) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was submitted through the Florida E-Portal on August 25, 2021 and served on all parties authorized to receive notifications via the Florida E-Portal generated service email, including Plaintiff’s counsel, Davalyn Suarez, Esq, at dsuarez@legalservicesmiami.org. By: /s/ Brett D. Lieberman Brett D. Lieberman 2 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 2 EXHIBIT “A” IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION GALWAY BAY MOBILE HOMEOWNERS CASE NO.: 17-CA-000166-MR ASSOCIATION, INC., Plaintiff, vs. BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, Defendant. / SUBPOENA DUCES TECUM OF EXPERT WITNESS, CHARLES E. BADELL, WITH DEPOSITION TO: Charles E. Badell, MAI Managing Director Integra Realty Rescourse – Miami | Caribbean 9155 Dadeland Blvd, Suite 1208 Miami, FL 33156 YOU ARE HEREBY COMMANDED to appear before a person authorized by law on September 8, 2021 at 10:00 a.m. for the taking of your deposition at the law office of Edelboim Lieberman Revah Oshinsky, PLLC, 20200 W. Dixie Highway, Ste. 905, Miami FL 33180, upon oral examination before a Notary Public or other officer authorized by law to take depositions in the State of Florida. YOU ARE FURTHER COMMANDED and to have with you at that time the following items: See Schedule "A" attached hereto. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may condition the preparation of copies upon the payment in 3 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 3 advance of reasonable cost of preparation. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. If you fail to: 1. appear as specified; or 2. object to this subpoena; you may be in contempt of court. You are subpoenaed by the attorneys whose names appear on this subpoena and unless excused from this subpoena by the attorneys or the court, you shall respond to this subpoena as directed. In accordance with the American with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact the undersigned counsel no later than seven days prior to the proceeding. Telephone (305) 768-9909 for assistance; if hearing impaired, telephone the Florida Relay Service number (800) 955-8771 for assistance. /s/ Brett D. Lieberman _________ BRETT D. LIEBERMAN FOR THE COURT Dated: August 25, 2021 EDELBOIM LIEBERMAN REVAH OSHINSKY PLLC Counsel for Defendant Beacon Tower of Aventura 20200 W. Dixie Hwy, Suite 905 Miami, Florida 33180 Telephone: (305) 768-9909 Facsimile: (305) 928-1114 Email: brett@elrolaw.com By: /s/ Brett D. Lieberman Brett D. Lieberman, Esq. (FBN 69583) 4 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served on August 25, 2021 via Florida e-Filing Portal generated e-mail on all parties registered to receive such notice, and via U.S. Mail at, Charles E. Badell, 9155 Dadeland Blvd, Suite 1208, Miami, FL 33156. /s/ Brett D. Lieberman Brett D. Lieberman, Esq. 5 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 5 SCHEDULE "A" Definitions The following definitions apply: A. “2017 Rent Increase” shall mean the rent increase for water adjoining lots, corner lots and dry lots in the Park that was noticed to Park residents on December 16, 2016 and went into effect on April 1, 2017. B. “2018 Rent Increase” shall mean the rent increase for water adjoining lots, corner lots and dry lots in the Park that was noticed to Park residents on December 19, 2017 and went into effect on April 1, 2018. C. “Act” shall mean Chapter 723 of the Florida Statutes entitled "Mobile Home Park Lot Tenancies". D. “Amended Prospectus” shall mean the amended prospectus for the Park dated September 27, 2018. E. “And” and “Or” shall be construed either disjunctively or conjunctively, as necessary to bring within the scope of these interrogatories any responses which might otherwise be construed to be outside of its scope. F. “Any” and “all” shall be construed to bring within the scope of this request any information which might be construed to relate to the subject matter of the request. G. “Clarified Rules” shall mean the changes to the Park rules effective May 28, 2020 and approved by the Division on February 21, 2020 and February 27, 2020. H. “Communications” refers to any electronic, oral, magnetic, or written transmittal or transfer of data, facts, ideas, information, inquiries, or thought. I. “Complaint” means the Verified Amended Complaint for Damages, Declaratory and Injunctive Relief filed by the Plaintiff on April 18, 2018 in the above captioned case. J. "Control" means in your possession, custody or control or under your direction, and includes in the possession, custody or control of those under the direction of you or your employees, subordinates, counsel, accountant, consultant, expert, parent or affiliated corporation, and any person purporting to act on your behalf. K. “Copies” of a document include, but are not limited to, all nonidentical copies or versions of the same document; duplicates or counterparts of an original produced from the same impression or process as the original by carbon or other chemical or substance or process; negative and positive film and prints of an original or copy 6 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 6 and reproductions and facsimiles of an original or copy, whether or not the same size, produced by photographic, micro photographic, photostatic, xerographic, electronic, computerized, or mechanized process, or by any other process, and enlargements and reductions thereof; and the data or other information comprising a record stored or transmitted by such information storage or retrieval or transmission system or device, if it is legible or can be made legible by enlargement or other process. L. “Correspondence” refers to any letter, note, memorandum, report, notice, facsimile transmission, e-mail transmission, and any documents (as defined above) that were sent or received from one or more persons to one or more persons, regardless of authorship or origin, including that which was directed as a copy, blind copy, forwarded copy, or sent or received mistakenly. M. “DBPR” shall mean the Department of Business and Professional Regulation. N. “Defendant” or “Biza” shall mean Biza Corp., d/b/a Galway Bay Mobile Home Park, the Defendant in the above captioned case. O. “Division” shall mean the Division of Florida Condominiums, Timeshares and Mobile Homes of the Department of Business and Professional Regulation. P. “Documents” and/or “records” shall mean, without limiting the generality of this meaning, any writings, papers or tangible things in your possession, custody or control, including, all ESI, letters, e-mails, text messages, computer files, handwritten notes, calendar pads, appointment books, note pads, notebooks, correspondence of any kind, postcards, memoranda, telegrams, telexes, annual or other reports, financial statements, books, records, ledgers, journals, minutes of all meetings, contracts, agreements, drafts of contracts or agreements, appraisals, analyses, charts, graphs, data sheets, data tapes, computer disks, computer hard drives or readable computer produced interpretations thereof, stenographic notes, tape and disk recordings, tapes, photostats, recordings, photographs, drawings, illustrations, plans and personal interviews, wherever located, whether located original or duplicate, and all compilations of the foregoing including binders, notebooks, folders and files. All categories of documents described above shall include with respect thereto all communications, whether or not expressly stated. If a document has been prepared in several copies, or additional copies have been made and the copies are not identical (or by reason of subsequent modifications of the copy by addition or notations, or other modifications, are no longer identical), each non-identical copy is separate “document.” Q. “ESI” refers to all computer or electronically stored or generated data and information, and shall include all attachments to and enclosures with any requested item, and all drafts thereof. Electronically Stored Information includes information stored in any format and on any storage media, including: hard disks; floppy disks; optical disks; flash memory devices; compact disks; backup and archival tapes; 7 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 7 removable media such as zip drives, password protected and encrypted files, databases, electronic calendars, personal digital assistants, SMS or MMS text messages, cellular telephone based text communications, Blackberry/Research in Motion “PIN” messages, any text based messages transmitted through a proprietary or public “chat” service (e.g., Google Talk, ICQ Chat, AOL Instant Messenger, MSN Messenger, etc.); proprietary software and inactive or unused computer disk storage areas; and magnetic tape, whether fixed, portable, or removable. Electronically Stored Information includes: word-processing Documents; electronic spreadsheets; electronic presentation Documents; e-mail message; image files; sound files; video files; and material or information stored in a database, or accessible from a database. Electronically Stored Information also includes all associated metadata that is maintained or saved, which includes: Document title or name; file name; date and time of creation; date and time of last edit; identity of author; identity of owner; identities of editors; identities of recipients; changes; history of changes; e-mail header information; history of who viewed an e-mail and when; and e-mail routing information. Electronically Stored Information further includes: correspondence, telegrams, memoranda, Communications, minutes or records of meetings and conferences, lists of Persons attending meetings or conferences, summaries, records of conversations, drafts, notes, notebooks, logs, invention records and disclosures, translations, drawings, graphs, charts, photographs, sound recordings, images, data compilations, computer records or printouts, specifications, reports, opinions, summaries, agreements, forecasts, plan drawings, mask works, engineering drawings, expressions or statements of policy, consultations, brochures, pamphlets, advertisements, publications, circulars, trade letters, press releases and drafts of any of the foregoing. All electronically stored information produced shall be produced in its native format. If electronically Stored Information is not reasonably useable in its native form, then all software, instructions, or tools necessary to make the information reasonably useable must also be provided or identified. R. “Including" is used in the sense of specification and is not to be construed as a word of limitation. S. “Original Prospectus” shall mean the original prospectus filed for the Park dated October 30, 1985. T. “Original Rules” shall mean the original Galway Park Rules and Regulations contained within the original prospectus for the Park dated October 30, 1985. U. “Park” shall mean Galway Bay Mobile Home Park, a mobile home park located in Marathon, Florida. V. “Plaintiff” or “HOA” shall mean Galway Bay Mobile Homeowners Association, Inc., the Plaintiff in the above captioned case. W. “Possession, custody, or control” shall have the same meaning as in the Florida 8 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 8 Rules of Civil Procedure. X. “Publication” refers to a book, magazine, newspaper, or document in which information or stories are published. Y. "Representative" means any and all agents, employees, servants, officers, directors, accountants, attorneys, or other persons acting or purporting to act on behalf of the person in question. Z. “Rules Dispute Lawsuit” shall mean Case No. 2020-CA-000132-M filed in Monroe County on August 28, 2018 by the HOA against Biza, styled Galway Bay Mobile Homeowners Association, Inc. vs. Biza, Corp. D/B/A Galway Bay Mobile Home Park. AA. “Storage Payments” shall mean checks dating back to January 2015 demonstrating that tenants paid separate fees for trailer and boat storage. BB. “You” and “your” refers to the party upon whom this request is served and all of his, her, or its successors and/or assigns, attorneys, employees, agents, representatives, or others purporting to act on his, her or its behalf. CC. The terms “person,” “individual,” “entity,” and “entities” are used interchangeably and shall be deemed to include the plural and vice versa. Each of these terms shall mean, but are not limited to: (i) any association, or business, legal, or governmental entity, including all corporations, partnerships, associations, joint ventures, trust, firms, or other business enterprise or legal entity, unless otherwise stated; or (ii) surety ship; institution; or government or government agency or political subdivision be it foreign or domestic; or (iii) board, committee, group, or organization comprised of any of the foregoing or combination thereof, whether they be now or previously existing. DD. “Support,” “evidence,” “relate to,” “relating to,” “related to,” “referred to,” “concerning,” “pertaining to,” and “regarding” shall mean anything which directly, or indirectly, concerns, consists of, pertains to, reflects, evidences, describes, sets forth, constitutes, contains, shows, underlies, supports, refers to in any manner, is or was used in the preparation of, appended to, legally, logically or factually connected with, proves, disproves, or tends to prove or disprove. ITEMS 1. All materials which you are relying on to support the contention that the valuation of the mobile homes and/or lots that specifically included the value of storing boats and/or on the lot as part of the valuation. 9 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 9 2. All materials which you are relying on to support the position that the right of mobile homeowners to store their boats on their lots at Galway would have a material effect on the value of their mobile home and lot. 3. Your entire file, excluding any items that claimed to be work product. Please bring any work product materials from your files to the deposition. 4. All materials reviewed in this matter, including but not limited to, depositions, correspondence, photographs, reports, books, articles, literature, films, tests, experiments, statements, or other reference materials that you used or are relying on. 5. All reports you prepared or furnished in this case. 6. All reports which were furnished to you by other experts in this case. 7. A copy of your curriculum vitae. 8. Your complete billing file in this case, including, but not limited to, the charges you have rendered, the statements you have rendered, the time spent on this case, and other relevant materials concerning the time and bills on this case. 9. All notes, writings, memoranda, etc. which you have prepared on this case. 10. All computer printouts from computers used by you or your agents, servants or employees, including any files or videos of computer simulations and animations. 11. The manual used for the program utilized on the computer which you used in this case. 12. Pursuant to the Rules of Civil Procedure, Rule 1.280(4)(iii) any and all documents in your possession disclosing the following: The scope of employment in the pending case and the compensation for such service; your general litigation experience, including the percentage of work performed for plaintiffs and defendants; the identity of other cases, within a reasonable time period (not less than three years), in which you have testified by deposition or at trial and an approximation of the portion of your involvement as an expert witness, which may be based on the number of hours, percentage of hours, or percentage of earned income derived from serving as an expert witness. 13. All materials which you are relying on to support any allegations in this case. 14. All materials and documents referenced in Plaintiff’s Response to Defendant’s First Set of Expert Interrogatories dated June 7, 2021. 15. All materials and documents relied upon by you or your agents, servants or employees in responding to Defendant’s First Set of Expert Interrogatories to Plaintiff dated April 13, 2021. 10 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 10 16. All materials and documents referenced in Plaintiff’s Response to Defendant’s First Expert Request for Production of Documents dated June 7, 2021. 17. All materials and documents relied upon by you or your agents, servants or employees in responding to Defendant’s First Expert Request for Production of Documents to Plaintiff dated April 13, 2021. 11 8/25/2021 2:19 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 11