Preview
Filing # 124849967 E-Filed 04/13/2021 04:04:14 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.
__________________________/
DEFENDANT, BIZA, CORP, D/B/A GALWAY BAY MOBILE HOME
PARK’S FIRST EXPERT REQUEST FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF, GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC.
Defendant, Biza, Corp, d/b/a Galway Bay Mobile Home Park (“Biza” or “Defendant”), by
and through undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, requests that Plaintiff
Galway Bay Mobile Homeowners Association, Inc. (the “HOA” or “Plaintiff”) produce the
documents, information and tangible things as set forth in Exhibit “A” attached hereto by delivery
to Edelboim Lieberman Revah Oshinsky PLLC, 20200 W. Dixie Hwy., Suite 905, Miami, Florida
33180, within 30 days of service of this request. For delivery of the documents in digital form,
please contact the undersigned to make adequate arrangements.
Dated: April 13, 2021
Respectfully Submitted,
EDELBOIM LIEBERMAN REVAH OSHINSKY PPLC
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 April
13, 2021 via Florida e-Filing Portal generated e-mail on all parties and counsel of record registered
to receive such notice.
/s/ Brett D. Lieberman
Brett D. Lieberman, Esq.
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EXHIBIT “A”
I. Definitions
For purposes of this request, 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
and reproductions and facsimiles of an original or copy, whether or not the same
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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;
removable media such as zip drives, password protected and encrypted files,
databases, electronic calendars, personal digital assistants, SMS or MMS text
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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
Rules of Civil Procedure.
X. “Publication” refers to a book, magazine, newspaper, or document in which
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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.
II. Instructions
A. This document request (the “Request”) is continuing in nature and when new
knowledge or information comes to your attention, the information supplied in the
answers to the document request shall be supplemented forthwith.
B. For each and every Request herein, you shall produce documents in your possession,
custody, or control, which shall include, but not be limited to, documents, objects or
articles described that are in your possession or that you have the right to secure the
original or a copy from another person or entity. 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. Your responses should consist of
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information known to you through you, your affiliates, your subsidiaries, your
successors, your assigns, your agents, your attorneys, your employees, or your
representatives. All documents produced pursuant to this request are to be produced as
they are kept in the usual course of business and shall be organized and labeled (without
permanently marking the item produced) so as to correspond with the categories of
each numbered request hereof. If copies or drafts of a document exist, the production
of which has been requested herein, produce and submit for inspection and copying
each and every copy and draft which differs in any way from the original document or
from any copy or draft.
C. If you at any time you had possession, custody, or control of any document requested
herein, and such document has been lost, destroyed, discarded, or is not presently in
your possession, these documents shall be identified as completely as possible, by
providing the following information:
(1) The names of the authors of the document;
(2) The names of the persons to whom the documents or copies were
sent;
(3) The date of the document;
(4) The date on which the document was received by each addressee,
copyee, or its recipients;
(5) A description of the nature and subject matter of the document that
is as complete as possible;
(6) The date on which the document was lost, discarded, or destroyed;
and
(7) The manner in which the document was lost, discarded, or destroyed.
D. With respect to any document that you withhold under claim of privilege, you shall
number such documents, hold them separately, and retain them intact pending a ruling
by the Court on the claimed privilege. In addition, you shall provide a statement, signed
by an attorney representing you, setting forth as to each such document:
(1) The names of the senders of the document;
(2) The names of the authors of the document;
(3) The names of the persons to whom the document or copies were sent;
(4) The job title of every person named in subparagraphs (a), (b), and (c)
above;
(5) The date of the document;
(6) The date on which the document was received by each addressee,
copyee, or its recipient;
(7) A brief description of the nature and subject matter of the document;
and
(8) The statute, rule, or decision which is claimed to give rise to the
privilege.
E. If you cannot produce a requested document, after exercising due diligence to secure
or produce the document(s) requested, you must identify the Request(s) for which you
do not have responsive documents, and answer the request for production to the fullest
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extent possible, specifying your inability to produce the document(s), providing the
identity of the person who has possession, custody, or control of the requested
document(s).
F. All words in this request for production shall have their plain and ordinary meanings
unless specifically defined herein.
G. Copies of documents which are identical duplicates of other documents which have
already been produced for inspection and copying in this action need not be produced
again, except that the duplicates must be produced if handwritten or any other type of
notes or similar intelligence appear thereon or are attached thereto, including markings
on slips indicating the routing of the document to individuals or organizations.
H. The singular and plural forms shall be construed interchangeably so as to bring within
the scope of this document request any information which might otherwise be
construed as outside their scope.
I. “And” and “or” shall be construed interchangeably so as to bring within the scope of
this document request any information which might otherwise be construed as outside
their scope.
J. “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.
K. All other names or terms herein not specifically defined or identified shall have the
same meaning as is commonly understood and referred to by and among the parties.
L. Unless otherwise stated herein, the time period encompassed by this Request shall
be from January 1, 2012, through the date of your response to this Request.
III. Continuing Request
This is a continuing request for the production of documents. At such time as you become
aware of the existence of any additional documents responsive to this Request, you are
hereby requested to produce such documents.
1. Any and all correspondence between Plaintiff and Defendant.
2. Any and all correspondence between Plaintiff and any third-party regarding
Defendant.
3. Any and all contracts between Plaintiff and Defendant including any drafts,
addendums or amendments to such contracts.
4. Any and all documents or correspondence regarding Defendant.
IV. Destroyed Documents
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If any document responsive to this Request was at one time in existence, but has been lost
or destroyed, a list should be provided of the document(s) so lost or destroyed stating the following
information for each document:
1. The type of document;
2. The date on which it ceased to exist;
3. The circumstances of its loss or destruction,
4. The identity of all persons having knowledge of the reasons for its loss or
destruction; and
5. The identity of all persons having knowledge of its contents.
DOCUMENTS REQUESTED
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 photographs provided to your expert regarding 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
increases.
5. 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.
6. Any and all materials your experts, their agents and/or employees reviewed in this
matter, including but not limited to, depositions, correspondence, photographs, reports, books,
articles, literature, films tests, experiments, statements, or other documents or other reference
materials that were used or relied upon.
7. Any and all notes, work papers, writings memoranda, calculations, measurements,
which your experts, their employees or agents have prepared in any way referencing and/or
pertaining to the Park, including but not limited to any of the rent increases.
8. 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,
including but not limited to any of the rent increases.
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9. 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 increases.
10. Copies of all articles, or literature which your experts relied upon or reviewed in
reaching their opinions and conclusions about this case.
11. A list of the names and addresses of all person with whom your experts have
discussed this case or consulted in forming their opinions and conclusions.
12. A list of all cases in which your experts have been deposed 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.
13. A list of all cases in which your experts have 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.
14. Copies of any transcripts of prior deposition testimony or trial testimony given by
your experts within the past five (5) years.
15. Copies of any brochure or advertisement which would reflect your experts’
availability to review cases for attorneys.
16. A list of cases in which your experts were named as a defendant in any civil or
criminal proceeding.
17. Copies of any written contract, agreements, proposals and invoices reflecting your
experts’ fee arrangement for providing testimony in this case.
18. Any and all reports prepared or furnished by your experts, their agents and/or
employees, in this case, whether interim, final, or otherwise; whether sent or not.
19. Any and all reports, e-mails, correspondence, letters which were furnished to your
experts, their agents and/or employees, by any experts in this case.
20. All of your experts’ electronically stored data with regard to the above captioned
case/entities/individuals, irrespective of its type, kind, quality or manner of storage.
21. A current curriculum vitae and bibliography of each of your experts.
22. 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 other
relevant materials.
23. Any and all reports rendered by any of your experts in this case.
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Preview
Filing # 124849967 E-Filed 04/13/2021 04:04:14 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. __________________________/ DEFENDANT, BIZA, CORP, D/B/A GALWAY BAY MOBILE HOME PARK’S FIRST EXPERT REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF, GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC. Defendant, Biza, Corp, d/b/a Galway Bay Mobile Home Park (“Biza” or “Defendant”), by and through undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, requests that Plaintiff Galway Bay Mobile Homeowners Association, Inc. (the “HOA” or “Plaintiff”) produce the documents, information and tangible things as set forth in Exhibit “A” attached hereto by delivery to Edelboim Lieberman Revah Oshinsky PLLC, 20200 W. Dixie Hwy., Suite 905, Miami, Florida 33180, within 30 days of service of this request. For delivery of the documents in digital form, please contact the undersigned to make adequate arrangements. Dated: April 13, 2021 Respectfully Submitted, EDELBOIM LIEBERMAN REVAH OSHINSKY PPLC 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) 4/13/2021 4:04 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served on April 13, 2021 via Florida e-Filing Portal generated e-mail on all parties and counsel of record registered to receive such notice. /s/ Brett D. Lieberman Brett D. Lieberman, Esq. 2 4/13/2021 4:04 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 2 EXHIBIT “A” I. Definitions For purposes of this request, 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 and reproductions and facsimiles of an original or copy, whether or not the same 3 4/13/2021 4:04 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 3 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; removable media such as zip drives, password protected and encrypted files, databases, electronic calendars, personal digital assistants, SMS or MMS text 4 4/13/2021 4:04 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 4 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 Rules of Civil Procedure. X. “Publication” refers to a book, magazine, newspaper, or document in which 5 4/13/2021 4:04 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 5 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. II. Instructions A. This document request (the “Request”) is continuing in nature and when new knowledge or information comes to your attention, the information supplied in the answers to the document request shall be supplemented forthwith. B. For each and every Request herein, you shall produce documents in your possession, custody, or control, which shall include, but not be limited to, documents, objects or articles described that are in your possession or that you have the right to secure the original or a copy from another person or entity. 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. Your responses should consist of 6 4/13/2021 4:04 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 6 information known to you through you, your affiliates, your subsidiaries, your successors, your assigns, your agents, your attorneys, your employees, or your representatives. All documents produced pursuant to this request are to be produced as they are kept in the usual course of business and shall be organized and labeled (without permanently marking the item produced) so as to correspond with the categories of each numbered request hereof. If copies or drafts of a document exist, the production of which has been requested herein, produce and submit for inspection and copying each and every copy and draft which differs in any way from the original document or from any copy or draft. C. If you at any time you had possession, custody, or control of any document requested herein, and such document has been lost, destroyed, discarded, or is not presently in your possession, these documents shall be identified as completely as possible, by providing the following information: (1) The names of the authors of the document; (2) The names of the persons to whom the documents or copies were sent; (3) The date of the document; (4) The date on which the document was received by each addressee, copyee, or its recipients; (5) A description of the nature and subject matter of the document that is as complete as possible; (6) The date on which the document was lost, discarded, or destroyed; and (7) The manner in which the document was lost, discarded, or destroyed. D. With respect to any document that you withhold under claim of privilege, you shall number such documents, hold them separately, and retain them intact pending a ruling by the Court on the claimed privilege. In addition, you shall provide a statement, signed by an attorney representing you, setting forth as to each such document: (1) The names of the senders of the document; (2) The names of the authors of the document; (3) The names of the persons to whom the document or copies were sent; (4) The job title of every person named in subparagraphs (a), (b), and (c) above; (5) The date of the document; (6) The date on which the document was received by each addressee, copyee, or its recipient; (7) A brief description of the nature and subject matter of the document; and (8) The statute, rule, or decision which is claimed to give rise to the privilege. E. If you cannot produce a requested document, after exercising due diligence to secure or produce the document(s) requested, you must identify the Request(s) for which you do not have responsive documents, and answer the request for production to the fullest 7 4/13/2021 4:04 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 7 extent possible, specifying your inability to produce the document(s), providing the identity of the person who has possession, custody, or control of the requested document(s). F. All words in this request for production shall have their plain and ordinary meanings unless specifically defined herein. G. Copies of documents which are identical duplicates of other documents which have already been produced for inspection and copying in this action need not be produced again, except that the duplicates must be produced if handwritten or any other type of notes or similar intelligence appear thereon or are attached thereto, including markings on slips indicating the routing of the document to individuals or organizations. H. The singular and plural forms shall be construed interchangeably so as to bring within the scope of this document request any information which might otherwise be construed as outside their scope. I. “And” and “or” shall be construed interchangeably so as to bring within the scope of this document request any information which might otherwise be construed as outside their scope. J. “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. K. All other names or terms herein not specifically defined or identified shall have the same meaning as is commonly understood and referred to by and among the parties. L. Unless otherwise stated herein, the time period encompassed by this Request shall be from January 1, 2012, through the date of your response to this Request. III. Continuing Request This is a continuing request for the production of documents. At such time as you become aware of the existence of any additional documents responsive to this Request, you are hereby requested to produce such documents. 1. Any and all correspondence between Plaintiff and Defendant. 2. Any and all correspondence between Plaintiff and any third-party regarding Defendant. 3. Any and all contracts between Plaintiff and Defendant including any drafts, addendums or amendments to such contracts. 4. Any and all documents or correspondence regarding Defendant. IV. Destroyed Documents 8 4/13/2021 4:04 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 8 If any document responsive to this Request was at one time in existence, but has been lost or destroyed, a list should be provided of the document(s) so lost or destroyed stating the following information for each document: 1. The type of document; 2. The date on which it ceased to exist; 3. The circumstances of its loss or destruction, 4. The identity of all persons having knowledge of the reasons for its loss or destruction; and 5. The identity of all persons having knowledge of its contents. DOCUMENTS REQUESTED 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 photographs provided to your expert regarding 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 increases. 5. 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. 6. Any and all materials your experts, their agents and/or employees reviewed in this matter, including but not limited to, depositions, correspondence, photographs, reports, books, articles, literature, films tests, experiments, statements, or other documents or other reference materials that were used or relied upon. 7. Any and all notes, work papers, writings memoranda, calculations, measurements, which your experts, their employees or agents have prepared in any way referencing and/or pertaining to the Park, including but not limited to any of the rent increases. 8. 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, including but not limited to any of the rent increases. 9 4/13/2021 4:04 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 9 9. 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 increases. 10. Copies of all articles, or literature which your experts relied upon or reviewed in reaching their opinions and conclusions about this case. 11. A list of the names and addresses of all person with whom your experts have discussed this case or consulted in forming their opinions and conclusions. 12. A list of all cases in which your experts have been deposed 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. 13. A list of all cases in which your experts have 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. 14. Copies of any transcripts of prior deposition testimony or trial testimony given by your experts within the past five (5) years. 15. Copies of any brochure or advertisement which would reflect your experts’ availability to review cases for attorneys. 16. A list of cases in which your experts were named as a defendant in any civil or criminal proceeding. 17. Copies of any written contract, agreements, proposals and invoices reflecting your experts’ fee arrangement for providing testimony in this case. 18. Any and all reports prepared or furnished by your experts, their agents and/or employees, in this case, whether interim, final, or otherwise; whether sent or not. 19. Any and all reports, e-mails, correspondence, letters which were furnished to your experts, their agents and/or employees, by any experts in this case. 20. All of your experts’ electronically stored data with regard to the above captioned case/entities/individuals, irrespective of its type, kind, quality or manner of storage. 21. A current curriculum vitae and bibliography of each of your experts. 22. 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 other relevant materials. 23. Any and all reports rendered by any of your experts in this case. 10 4/13/2021 4:04 PM eFiled - Kevin Madok, CPA, Clerk of the Court Page 10