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Filing # 108612051 E-Filed 06/09/2020 04:10:45 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
COSTCO WHOLESALE
CORPORATION, CASE NO.: CACE 19-022183
Plaintiff,
Vv.
COMUTEL SOLUTIONS, LLC
and USIC, LLC,
Defendants.
/
NOTICE OF VIDEO DEPOSITION OF THE CORPORATE REPRESENTATIVE FOR
USIC, LLC
To: USIC, LLC
c/o P. Jan Kubicz, Esq.
SQUIRE PATTON BOGGS (US) LLP
200 South Biscayne Blvd, Suite 4700
Miami, FL 33131
Jan.kubicz@squirepb.com
PLEASE TAKE NOTICE that on June 22, 2020, at 09:00 a.m., at the offices of
Cooney, Trybus, Kwavnick, Peets, 1600 W. Commercial Blvd., Suite 200, Fort Lauderdale, FL
33309, Defendant, COMUTEL SOLUTIONS, LLC, will take the video recorded deposition of
the Corporate Representative of Defendant, USIC Locating Services, LLC (“USIC”),
pursuant to Rule 1.310(b)(6), Florida Rules of Civil Procedure. The aforesaid deposition shall be
taken upon oral examination, under oath, before ESQUIRE SOLUTIONS, before a person
authorized by law to take depositions, and shall continue from time to time and from day to day
until completed. Such deposition is being taken for purposes of discovery, for use at trial and for
such other purposes as are authorized by the Florida Rules of Civil Procedure.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/09/2020 04:10:45 PM.****COSTCO v. COMUTEL SOLUTIONS, LLC; USIC, LLC
CASE NO. CACE 19 011183
Page 2 of 4
USIC shall designate one or more officers, directors, or managing agents or other persons
who consent to do so, to testify on its behalf with respect to the matters described in the attached.
Schedule “A.”
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact undersigned counsel _at least 7
days before your scheduled deposition, or immediately upon receiving this
notification if the time before the scheduled appearance is less than 7 days; if
you are hearing or voice impaired, call 711.10.
11.
12.
COSTCO v. COMUTEL SOLUTIONS, LLC; USIC, LLC
CASE NO. CACE 19 011183
Page 3 of 4
SCHEDULE “A”
. The facts which support USIC’s Answer and Affirmative Defenses filed in this lawsuit.
All steps taken by USIC to comply with Chapter 556 of the Florida Statutes while
performing locating services in the area where the utility strike giving rise to this lawsuit
occurred during the time period relevant to said utility strike (as alleged in the Complaint).
All training information provided to USIC employees regarding compliance with Chapter
556 of the Florida Statutes.
Training, policies and procedures provided to USIC employees related to locating
underground utilities, both privately owned and those belonging to One Call member
operators pursuant to tickets generated through the One Call hotline..
Records, tools, and/or technology typically utilized by USIC employees in the course of
locating underground utilities of One Call Member Operators pursuant to tickets generated
through the One Call hotline.
The specific records, tools, and/or technology used by former USIC employee, Fernando
Rodriguez, to mark the utilities belonging to One Call Member Operators within the scope of
locate ticket 045807977, at issue in this case.
Records, tools, and/or technology typically utilized by USIC employees in the course of
locating privately owned underground utilities pursuant to a private locate request, as
advertised on the USIC website.
The utility locating services performed by USIC, in the area of the utility strike, leading to
the utility strike giving rise to this lawsuit, including any efforts made to locate the specific
line which was struck and damaged, as alleged in the complaint.
The facts and circumstances known to USIC regarding how the utility strike giving rise to
this lawsuit occurred.
USIC’s investigation of the utility strike giving rise to this lawsuit, including any evidence
and materials collected during such an investigation.
USIC’s responses to all interrogatories, requests for production, and requests for admission in
this lawsuit.
. Any facts and circumstances known to USIC to support its position that the utility line
damaged in this case was privately owned by Costco, and not a Once Call Member Operator,
as detailed in USIC’s answers to Costco’s First Set of Interrogatories (number 3).COSTCO v. COMUTEL SOLUTIONS, LLC; USIC, LLC
CASE NO. CACE 19 011183
Page 4 of 4
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served this gt
day of June, 2020 to all counsel on the attached service list through the e-filing portal.
KUBICKI DRAPER
1 East Broward Boulevard
Suite 1600
Fort Lauderdale, Florida 33301
Phone: (954) 713-2323
MJC-KD@kubickidraper.com
By: Michael J Carney
Michael J. Carney, Esq.
Florida Bar No.: 44326
Travis J. Beal, Esq.
Florida Bar No: 104890
SERVICE LIST
David F. Cooney, Esq.
COONEY, TRYBUS KWAVNICK PEETS
1600 W. Commercial Blvd., Suite 200
Fort Lauderdale, FL 33309
(954) 568-6669
Jason Daniel Joffe, Esq.
P. Jan Kubicz, Esq.
SQUIRE PATTON BOGGS LLP
200 South Biscayne Blvd., Suite 4700
Miami, FL 33131
(305) 577-7000
Jason. joffe@squirepb.com
Joan.andersondavis@squirepb.com
Jan.kubicz@squirepb.com
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Filing # 108612051 E-Filed 06/09/2020 04:10:45 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA COSTCO WHOLESALE CORPORATION, CASE NO.: CACE 19-022183 Plaintiff, Vv. COMUTEL SOLUTIONS, LLC and USIC, LLC, Defendants. / NOTICE OF VIDEO DEPOSITION OF THE CORPORATE REPRESENTATIVE FOR USIC, LLC To: USIC, LLC c/o P. Jan Kubicz, Esq. SQUIRE PATTON BOGGS (US) LLP 200 South Biscayne Blvd, Suite 4700 Miami, FL 33131 Jan.kubicz@squirepb.com PLEASE TAKE NOTICE that on June 22, 2020, at 09:00 a.m., at the offices of Cooney, Trybus, Kwavnick, Peets, 1600 W. Commercial Blvd., Suite 200, Fort Lauderdale, FL 33309, Defendant, COMUTEL SOLUTIONS, LLC, will take the video recorded deposition of the Corporate Representative of Defendant, USIC Locating Services, LLC (“USIC”), pursuant to Rule 1.310(b)(6), Florida Rules of Civil Procedure. The aforesaid deposition shall be taken upon oral examination, under oath, before ESQUIRE SOLUTIONS, before a person authorized by law to take depositions, and shall continue from time to time and from day to day until completed. Such deposition is being taken for purposes of discovery, for use at trial and for such other purposes as are authorized by the Florida Rules of Civil Procedure. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/09/2020 04:10:45 PM.****COSTCO v. COMUTEL SOLUTIONS, LLC; USIC, LLC CASE NO. CACE 19 011183 Page 2 of 4 USIC shall designate one or more officers, directors, or managing agents or other persons who consent to do so, to testify on its behalf with respect to the matters described in the attached. Schedule “A.” If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact undersigned counsel _at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.10. 11. 12. COSTCO v. COMUTEL SOLUTIONS, LLC; USIC, LLC CASE NO. CACE 19 011183 Page 3 of 4 SCHEDULE “A” . The facts which support USIC’s Answer and Affirmative Defenses filed in this lawsuit. All steps taken by USIC to comply with Chapter 556 of the Florida Statutes while performing locating services in the area where the utility strike giving rise to this lawsuit occurred during the time period relevant to said utility strike (as alleged in the Complaint). All training information provided to USIC employees regarding compliance with Chapter 556 of the Florida Statutes. Training, policies and procedures provided to USIC employees related to locating underground utilities, both privately owned and those belonging to One Call member operators pursuant to tickets generated through the One Call hotline.. Records, tools, and/or technology typically utilized by USIC employees in the course of locating underground utilities of One Call Member Operators pursuant to tickets generated through the One Call hotline. The specific records, tools, and/or technology used by former USIC employee, Fernando Rodriguez, to mark the utilities belonging to One Call Member Operators within the scope of locate ticket 045807977, at issue in this case. Records, tools, and/or technology typically utilized by USIC employees in the course of locating privately owned underground utilities pursuant to a private locate request, as advertised on the USIC website. The utility locating services performed by USIC, in the area of the utility strike, leading to the utility strike giving rise to this lawsuit, including any efforts made to locate the specific line which was struck and damaged, as alleged in the complaint. The facts and circumstances known to USIC regarding how the utility strike giving rise to this lawsuit occurred. USIC’s investigation of the utility strike giving rise to this lawsuit, including any evidence and materials collected during such an investigation. USIC’s responses to all interrogatories, requests for production, and requests for admission in this lawsuit. . Any facts and circumstances known to USIC to support its position that the utility line damaged in this case was privately owned by Costco, and not a Once Call Member Operator, as detailed in USIC’s answers to Costco’s First Set of Interrogatories (number 3).COSTCO v. COMUTEL SOLUTIONS, LLC; USIC, LLC CASE NO. CACE 19 011183 Page 4 of 4 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served this gt day of June, 2020 to all counsel on the attached service list through the e-filing portal. KUBICKI DRAPER 1 East Broward Boulevard Suite 1600 Fort Lauderdale, Florida 33301 Phone: (954) 713-2323 MJC-KD@kubickidraper.com By: Michael J Carney Michael J. Carney, Esq. Florida Bar No.: 44326 Travis J. Beal, Esq. Florida Bar No: 104890 SERVICE LIST David F. Cooney, Esq. COONEY, TRYBUS KWAVNICK PEETS 1600 W. Commercial Blvd., Suite 200 Fort Lauderdale, FL 33309 (954) 568-6669 Jason Daniel Joffe, Esq. P. Jan Kubicz, Esq. SQUIRE PATTON BOGGS LLP 200 South Biscayne Blvd., Suite 4700 Miami, FL 33131 (305) 577-7000 Jason. joffe@squirepb.com Joan.andersondavis@squirepb.com Jan.kubicz@squirepb.com