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Filing #67212353 E-Filed 01/29/2018 05:16:57 PM
IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 2017-CA-000166 MR
GALWAY BAY MOBILE HOMEOWNERS
ASSOCIATION, INC.,
Plaintiff,
vs.
BIZA, CORP, d/b/a GALWAY BAY MOBILE
HOME PARK,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S
SECOND REQUEST FOR PRODUCTION
COMES NOW, the Defendant, BIZA, CORP. d/b/a GALWAY BAY MOBILE HOME
PARK, by and through its undersigned counsel, pursuant to Rule 1.350, Florida Rules of
Civil Procedure, and hereby responds to the Plaintiff's Second Request for Production to
Defendant, served on December 15, 2017. Without waiving any other objections
Defendant may have as to each individual request, Defendant objects to discovery on the
merits prior to a final determination of whether Plaintiff has standing to act as the class
representative in this matter and that all prerequisites to bringing this class action have
been satisfied. Discovery on the merits cannot be conducted until the questions of the
Plaintiffs standing and class certification are addressed on appeal.
Defendant objects to all requests for information prior to 2016, in keeping with the
court’s ruling in connection with Plaintiff's First Request for Production. Defendant also
objects on the grounds that the discovery propounded has been undertaken for
harassment purposes as the requests are unduly burdensome, irrelevant, and are unlikely
to lead to the discovery of admissible evidence.
A privilege log is attached as an addendum to this response. The documents
described below are in the possession of Lutz, Bobo & Telfair, 2155 Delta Boulevard, Suite
210-B, Tallahassee, Florida 32303, unless otherwise noted. The documents may be
examined and copied at that location during regular business hours upon reasonable
notice. Alternately, counsel will arrange for the copying and forwarding of the documents
upon instruction from Plaintiff and the payment of these costs. As to each item requested,
Defendant, BIZA, CORP., d/b/a GALWAY BAY MOBILE HOME PARK, states:
4
Documents related to the 2017 increase are available.
2 No such documents exist. The request states a legal conclusion not relevant
or determined in this action and not at issue in this action. It requires Defendant to make
legal conclusions and, therefore, the request is vague and not answerable.
3 To the extent they exist, they are available for the 2017 rent increase.
Objection as to attorney client privilege and work product privilege.
4 See answer to Request for Production 3.
5 Objection to production of those documents as attorney work product except
the prospectus, which is available.
6 No documents responsive to this request exist.
7 No documents responsive to this request exist except for those produced by
Plaintiff in response to Defendant’s discovery requests and filed in response to Defendant’s
Motion for Summary Judgment and Motion to Certify the Class.
8 Available, including documents produced by Plaintiff in response to
Defendant's discovery requests and filed in response to Defendant’s Motion for Summary
Judgment and Motion to Certify the Class.
DATED this 29" day of January, 2018.
Respectfully submitted,
/s/ Carol S. Grondzik
CAROL S. GRONDZIK (FBN 0156833)
csgrondzik@floridahousinglaw.com
DAVID D. EASTMAN (FBN 0454559)
eastman@floridahousinglaw.com
gayledcason@floridahousinglaw.com
Lutz, Bobo, & Telfair, P.A.
2155 Delta Boulevard Suite 210-B
Tallahassee, Florida 32303
(850) 521-0890
(850) 521-0891 (facsimile)
Attorneys for Defendant
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished electronically via the Florida e-filing portal to Nejla Calvo, Esq., and Jeffrey M.
Hearne, Esq., Attorneys for Plaintiff, LEGAL SERVICES OF GREATER MIAMI, INC., 4343
West Flagler Street, Suite 100, Miami, FL 33137 (ncalvo@legalservicesmiami.org:
crodriguez@legalservicesmiami.org: pleadings@legalservicesmiami.org
jhearne@legalservicesmiami.org) this 29" day of January, 2018.
/s/ Carol S. Grondzik
Attorney
IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 2017-CA-000166 MR
GALWAY BAY MOBILE HOMEOWNERS
ASSOCIATION, INC.,
Plaintiff,
VS.
BIZA, CORP, d/b/a GALWAY BAY MOBILE
HOME PARK,
Defendant.
/
DEFENDANT’S PRIVILEGE LOG IN RESPONSE TO PLAINTIFF’S
SECOND REQUEST FOR PRODUCTION
Para # Date Description From To Custodian Privilege
Asserted
3,4,5 8-22-17 Report Trent David Lutz, Bobo Work
Marr Eastman & Telfair Product
3,4,5 5-05-17 List of Florida David Trent Lutz, Bobo Work
Mobile Home Eastman Marr & Telfair Product
Parks
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Filing #67212353 E-Filed 01/29/2018 05:16:57 PM IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 2017-CA-000166 MR GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., Plaintiff, vs. BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S SECOND REQUEST FOR PRODUCTION COMES NOW, the Defendant, BIZA, CORP. d/b/a GALWAY BAY MOBILE HOME PARK, by and through its undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil Procedure, and hereby responds to the Plaintiff's Second Request for Production to Defendant, served on December 15, 2017. Without waiving any other objections Defendant may have as to each individual request, Defendant objects to discovery on the merits prior to a final determination of whether Plaintiff has standing to act as the class representative in this matter and that all prerequisites to bringing this class action have been satisfied. Discovery on the merits cannot be conducted until the questions of the Plaintiffs standing and class certification are addressed on appeal. Defendant objects to all requests for information prior to 2016, in keeping with the court’s ruling in connection with Plaintiff's First Request for Production. Defendant also objects on the grounds that the discovery propounded has been undertaken for harassment purposes as the requests are unduly burdensome, irrelevant, and are unlikely to lead to the discovery of admissible evidence. A privilege log is attached as an addendum to this response. The documents described below are in the possession of Lutz, Bobo & Telfair, 2155 Delta Boulevard, Suite 210-B, Tallahassee, Florida 32303, unless otherwise noted. The documents may be examined and copied at that location during regular business hours upon reasonable notice. Alternately, counsel will arrange for the copying and forwarding of the documents upon instruction from Plaintiff and the payment of these costs. As to each item requested, Defendant, BIZA, CORP., d/b/a GALWAY BAY MOBILE HOME PARK, states: 4 Documents related to the 2017 increase are available. 2 No such documents exist. The request states a legal conclusion not relevant or determined in this action and not at issue in this action. It requires Defendant to make legal conclusions and, therefore, the request is vague and not answerable. 3 To the extent they exist, they are available for the 2017 rent increase. Objection as to attorney client privilege and work product privilege. 4 See answer to Request for Production 3. 5 Objection to production of those documents as attorney work product except the prospectus, which is available. 6 No documents responsive to this request exist. 7 No documents responsive to this request exist except for those produced by Plaintiff in response to Defendant’s discovery requests and filed in response to Defendant’s Motion for Summary Judgment and Motion to Certify the Class. 8 Available, including documents produced by Plaintiff in response to Defendant's discovery requests and filed in response to Defendant’s Motion for Summary Judgment and Motion to Certify the Class. DATED this 29" day of January, 2018. Respectfully submitted, /s/ Carol S. Grondzik CAROL S. GRONDZIK (FBN 0156833) csgrondzik@floridahousinglaw.com DAVID D. EASTMAN (FBN 0454559) eastman@floridahousinglaw.com gayledcason@floridahousinglaw.com Lutz, Bobo, & Telfair, P.A. 2155 Delta Boulevard Suite 210-B Tallahassee, Florida 32303 (850) 521-0890 (850) 521-0891 (facsimile) Attorneys for Defendant CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished electronically via the Florida e-filing portal to Nejla Calvo, Esq., and Jeffrey M. Hearne, Esq., Attorneys for Plaintiff, LEGAL SERVICES OF GREATER MIAMI, INC., 4343 West Flagler Street, Suite 100, Miami, FL 33137 (ncalvo@legalservicesmiami.org: crodriguez@legalservicesmiami.org: pleadings@legalservicesmiami.org jhearne@legalservicesmiami.org) this 29" day of January, 2018. /s/ Carol S. Grondzik Attorney IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 2017-CA-000166 MR GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., Plaintiff, VS. BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, Defendant. / DEFENDANT’S PRIVILEGE LOG IN RESPONSE TO PLAINTIFF’S SECOND REQUEST FOR PRODUCTION Para # Date Description From To Custodian Privilege Asserted 3,4,5 8-22-17 Report Trent David Lutz, Bobo Work Marr Eastman & Telfair Product 3,4,5 5-05-17 List of Florida David Trent Lutz, Bobo Work Mobile Home Eastman Marr & Telfair Product Parks