IN THE CIRCUIT COURT OF THE
`17TH JUDICIAL CIRUIT IN AND FOR
`BROWARD COUNTY, FLORIDA
`
`CIVIL DIVISION
`COMPLEX BUSINESS DIVISION
`
`Case No. CACE 19-021995 (07)
`Case No. CACE 19-024223 (07)
`CONSOLIDATED
`
`Filing# 150919745 E-Filed 06/06/2022 01:50:42 PM
`
`TUTOR PERINI BUILDING CORP.,
`
`Plaintiff,
`
`V 2
`
`99 N FEDERAL MASTER, LLC,
`
`Defendant/Counter-Plaintiff,
`
`v. TUTOR PERINI BUILDING CORP.,
`and TUTOR PERINI CORPORATION
`
`TUTOR PERINI BUILDNG CORP.,
`
`i
`
`Third-PartyPlaintiff
`
`V A
`
`BETTER, INC. d/b/a A BETTER PLUMBING
`CONTRACTORS; ITALBEC U.S., INC.; TITUS
`CONSTRUCTION GROUP, INC.; MR. GLASS
`DOORS & WINDOWS, INC.; R MILLER BUILDERS
`CORPORATION d/b/a RMB; K.D. CONSTRUCTION
`OF FLORIDA, INC.; PEGASUS PAINTING &
`WATERPROOFING, LLC; REYNOLDS SOLUTIONS,
`LLC; FAITHFUL AND TRUE, INC.; HILL YORK
`SERVICE COMPANY, LLC; DILLON POOLS, INC.;
`DECKTIGHT ROOFING SERVICES, INC.; THE NAMM
`GROUP, INC., d/b/a ARTISTIC SURFACES; THYSSENKRUPP
`ELEVATOR CORPORATION; and COMET ELECTRIC
`AND EQUIPMENT, LLC; R&A DOOR SOLUTIONS, INC.;
`SOUTHEASTERN ENGINEERING CONTRACTORS, INC.;
`VIVIANO'S DESIGN, INC.; J SUSS INDUSTRIES, INC.;
`and PAVEMENT MARKING & SIGNS, INC.
`
`Third-PartyDefendants.
`
`i
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/06/2022 01:50:41 PM.****
`
`

`

`Page 2 of 11
`CACE 19-021995 (07)
`CONSOLIDATED
`
`299 N FEDERAL MASTER,LLC
`
`Plaintiff,
`
`V T
`
`UTOR PERINI BULDING CORP.,
`COMET ELECTRIC & EQUIPMENT, LLC
`
`Counter- Defendants.
`
`i
`
`TITUS CONSTRUCTION GROUP, INC.
`
`Case No. CACE19-006508 (07)
`
`Plaintiff,
`
`V 2
`
`99 N FEDERAL MASTER, LLC, a foreign
`limited liabilitycompany, TUTOR PERINI
`BUILDING CORP., a foreigncorporation,
`and TRAVELERS CASUALTY AND
`SURETY COMPANY OF AMERICA, a
`foreigncorporation,
`
`Defendants
`
`i
`ITALBEC, U.S., INC., a Florida corporation,
`
`Case No. CACE 19-011489 (07)
`
`Plaintiff,
`
`V T
`
`UTOR PERINI BUILDING CORP.,
`a foreigncorporation;and TRAVELERS
`CASUALTY AND SURETY COMPANY
`OF AMERICA, a foreigncorporation,299
`N FEDERAL MASTER, LLC, a foreign
`limited liabilitycompany,
`
`Defendants.
`
`i
`
`

`

`Case No. CACE 19-023755 (07)
`
`Page 3 of 11
`CACE 19-021995 (07)
`CONSOLIDATED
`
`ITALBEC U.S,, INC.
`
`Fourth- Party Plaintiff
`
`V D
`
`AHISOF, LLC
`
`i
`
`i
`
`Fourth-PartyDefendant.
`
`COMET ELECTRIC & EQUIPMENT,
`LLC, a Florida limited liabilitycompany,
`
`Plaintiff,
`
`V 2
`
`99 N FEDERAL MASTER, LLC,
`a foreignlimited liabilitycompany,
`
`Defendant.
`
`R MILLER BUILDERS CORPORATION
`d/b/a RMB, a Florida corporation,
`
`Case No. CACE 20-007207 (07)
`
`Case No. CACE 18-028472 (07)
`
`i
`
`'
`
`Plaintiff,
`
`V 2
`
`99 N FEDERAL MASTER, LLC,
`a Foreign Limited LiabilityCompany,
`
`Defendant.
`
`299 N FEDERAL MASTER, LLC,
`a Delaware limited liabilitycorporation,
`
`Plaintiff,
`
`V S
`
`OL-ARCH, INC., a Florida corporation
`
`Defendant.
`
`

`

`Page 4 of 11
`CACE 19-021995 (07)
`CONSOLIDATED
`
`PEGASUS PAINTING & WATERPROOFING,
`LLC, a Florida Limited LiabilityCompany,
`
`Case No. CACE19-007254 (07)
`
`Case No. CACE20-001696 (07)
`
`Case No. CACE19-010825 (07)
`
`Plaintiff,
`
`V T
`
`UTOR PERINI BUILDING CORP, a
`Foreign Corporation and TRAVELERS
`CASUALTY & SURETY COMPANY OF
`AMERICA, a Foreign corporation,
`
`i
`
`i
`
`Defendants
`
`HILL YORK SERVICE COMPANY,
`
`Plaintiff,
`
`V T
`
`UTOR PERINI BUILDING CORP, a
`Foreign Corporationand TRAVELERS
`CASUALTY & SURETY COMPANY OF
`AMERICA, a Foreigncorporation,
`
`Defendants
`
`KD CONSTRUCTION OF FLORIDA, INC.
`A Florida corporation,
`
`Plaintiff,
`
`V T
`
`UTOR PERINI BUILDING CORP.,
`A Foreign corporation,and TRAVELERS
`CASUALTY AND SURETY COMPANY OF
`AMERICA, a Foreign corporation,
`
`Defendants
`
`i
`
`

`

`Page 5 of 11
`CACE 19-021995 (07)
`CONSOLIDATED
`
`THYSSENKRUPP ELEVATOR CORPORATION,
`
`Case No. CACE20-007609 (07)
`
`Plaintiff,
`
`V T
`
`UTOR PERINI BUILDING CORP.,
`A Foreign corporation,and TRAVELERS
`CASUALTY AND SURETY COMPANY OF
`AMERICA, a Foreign corporation,
`
`Defendants.
`
`DECKTIGHT ROOFING SERVICE, INC.,
`
`i
`
`Fourth Party Plaintiff,
`
`V N
`
`OCELLA CONTRACTING, LLC,
`
`Fourth Party Defendant,
`
`i
`
`STIPULATION TO AGREED CONFIDENTIALITY AGREEMENT
`AND PROTECTIVE ORDER
`
`Defendant/Counter-Plaintiff,299 N FEDERAL MASTER, LLC and Plaintiff/Counter-
`
`Defendant, TUTOR PERINI BUILDING CORP. (collectivelythe "Parties"),by and through
`
`undersignedcounsel,stipulateand agree that discoveryin the above-styledcase (the"Litigation")
`
`may involve the production of information that a Party and/or the Parties may consider to be
`
`confidential,proprietary,and/or protectedby statutory or other legalprivilegesand therefore have
`
`agreedto entry ofthe proposed ConfidentialityAgreement and Protective Order as set forth below
`
`to prevent the disclosure of confidential and/or proprietaryand trade secret information and
`
`materials outside the scope of discovery in this matter and to allow for the efficient production of
`
`documents in this Litigation.Accordingly,the Parties HEREBY AGREE, subjectto this Court's
`
`approval,that:
`
`

`

`Page 6 of 11
`CACE 19-021995 (07)
`CONSOLIDATED
`
`All materials produced or adduced in the course of discoveryin this action (aswell
`1.
`as discovery related to non-parties),including,but not limited to, initial disclosures,responses to
`discoveryrequests, depositiontestimonyand exhibits,and information derived directlytherefrom
`(hereinaftercollectively"documents"), shall be subject to this ConfidentialityAgreement
`concerning Confidential Information as defined below. It is agreed that this Confidentiality
`Agreement is subjectto the Florida Rules of Civil Procedure on matters of procedure and
`calculation of time periods.All information disclosed,furnished or submitted, either in response
`to discovery requests or non-party subpoenas, voluntarilyor pursuant to Court order, by or on
`behalf of any party or non-party and/or their attorneys, in this Litigation,may be deemed
`"CONFIDENTIAL" subjectto the terms of this Agreement and shall be used solelyin connection
`with pre-trialproceedings,discovery,preparationfor trial,trial or any other related proceedingsin
`this Litigation.
`
`Any production of discoverymaterials by a nonparty, including,but not limited to,
`2.
`productionfrom Marriott International,Inc. and Bank OZK, f/k/a Bank of the Ozarks shall be
`subjectto and governed by this Agreement.
`
`3.
`
`As used in this Agreement, the term "Confidential Information" means information
`designated as "CONFIDENTIAL" by the producing party that falls within one or more of the
`followingcategories:(a)information prohibitedfrom disclosure by statute; (b) information that
`secret information concerning the composition, formulation, research and
`reveals trade
`development activities,manufacturing processes, qualitycontrol procedures;or (c) research,
`technical, commercial information, sales and marketing strategiesrelating to products
`manufactured and/or sold,and services provided,by a Party,or financial and accounting records
`that the party has maintained as confidential.
`However, confidentialityshall not include
`documents or information that are or become properly or legallypubliclyavailable through no
`fault of a non-producingParty.
`
`Documents or information designated"CONFIDENTIAL" in accordance with this
`4.
`Agreement shall be used solely for the purpose of the Litigation(includingany appeal in
`connection therewith)and shall not be communicated in any manner, directlyor indirectly,to
`anyone other than a person qualifiedunder the terms of this Agreement. Such documents or
`information shall not be used for any business or commercial purpose or in any other litigationor
`proceeding;however, this prohibitionshall not apply to discoverymaterials that are or become
`part of the publicrecord.
`
`5.
`
`Documents deemed confidential pursuant to this Agreement shall be so designated
`by clearly marking "CONFIDENTIAL" on each page thereof
`and/or by including
`"CONFIDENTIAL" in the file name of any file produced in native format. Information shall be
`designatedas "CONFIDENTIAL" only upon a good-faithbelief that the information falls within
`the scope of information subjectto protection,under the definitions set forth in this Agreement.
`Applying the marking "CONFIDENTIAL" to a document does not mean that the document has
`any status or protectionby statute or otherwise except to the extent and for the purposes of this
`Agreement. Any copiesthat are made of any documents
`shall also be
`so marked, except that indices,electronic databases or lists of documents that do not contain
`
`

`

`Page 7 of 11
`CACE 19-021995 (07)
`CONSOLIDATED
`
`substantial portionsor images o f the text o f marked documents and do not otherwise disclose the
`substance of the Confidential Information are not requiredto be marked.
`
`Documents designated "CONFIDENTIAL" in accordance with this Agreement
`6.
`shall be filed only as provided by this Agreement or such further order as may be entered by the
`Court. In the event a Party wishes to file a document, transcript,or thingcontainingconfidential
`documents, material or information described in this Agreement and Order with the Court for any
`purpose, the Party shall do the following:(a)file with the Court a redacted version that excludes
`all confidential documents, material or information, noting the exclusions pursuant to this
`Agreement; and (b) simultaneouslyserve on the Parties and submit to the Court under seal an
`unredacted version that includes all confidential documents, material or information.
`
`Documents or information designated"CONFIDENTIAL" may only be disclosed
`7.
`to the following"Qualified Persons:"
`
`Counsel of Record (includingthe partners, associates,paralegals,secretaries,other
`(a)
`clerical staff (such as receptionistsor runners),service vendors (such as copy service providers)
`who are assistingwith the prosecutionor defense of the Litigation;
`
`(b)
`
`experts or consultants retained in connection with this Litigation;
`
`Witnesses or deponentsto the extent necessary to prepare them for their depositions
`(c)
`or other testimonywhich is to be provided in connection with this Litigation(subjectto the terms
`ofthis Agreement);
`
`the judge, including support personnel for said judge, the Court and Court
`(d)
`personnel,including stenographicreporters engaged in such proceedings as are necessarily
`incident to the preparationor trial of this Litigation;
`
`the Parties to this Litigation,the Parties' insurance carriers and sureties,and any
`(e)
`officer,director,employee, trustee, partner or in-house legal personnel for a Party who is
`responsiblefor assistingcounsel in the Litigation;
`
`any other person(s) who is designated a Qualified Person by further written
`(f)
`agreement of the Parties and/or by court order in the Litigation;
`
`(g)
`
`court reporters, if any, employed in this action;and
`
`(h)
`
`any mediator or arbitrator employed in this action.
`
`Each qualifiedperson described in subparagraphs (a),(b),(c),(d),(e),(f),(g),or
`8
`(h)of the precedingparagraph to whom confidential,proprietaryor protectedmaterials are to be
`furnished,shown, or disclosed shall first be presentedby the disclosingParty with a copy of this
`Protective Order. All such persons shall be bound by the terms of this Protective Order and shall
`
`

`

`Page 8 of 11
`CACE 19-021995 (07)
`CONSOLIDATED
`
`not permit disclosure ofthe documents or the information contained therein other than pursuant to
`the terms of the Order.
`
`9-
`
`The Parties agree to use commercially reasonable efforts to protect and safeguard
`documents and information designated"CONFIDENTIAL" from misuse, loss,theft,publication,
`or the like,and to instruct anyone who receives any such documents or information to do likewise.
`
`Any portionsof pleadings,motions, hearingtranscripts,or other papers filed in the
`10.
`Litigation which
`documents
`of
`information
`the
`contents
`disclose
`or
`designated
`"CONFIDENTIAL" shall be treated as "CONFIDENTIAL" and may only be used in this
`Litigationwhether or not they are marked as such.
`
`Any documents or portionsthereofdesignated"CONFIDENTIAL" that are filed in
`11.
`court or referred to in court filingsshall be filed under seal to the extent permittedby the court, or
`in accordance with court rules that protect the confidentialityof such material to the greatest extent
`possible.However, the failure ofthe court to allow a filingunder seal shall not prohibitthe ultimate
`filingor use ofany documents or portionsthereof designated"CONFIDENTIAL" upon exhausting
`such efforts.
`
`Information disclosed at a depositionor other testimony may be designatedas
`12.
`"Confidential" at the time of the testimony or deposition,or within fourteen (14) days following
`receiptof the transcriptand shall be subjectto the provisionsof this Agreement.
`
`Any Party may notifythe other Party that a document which should have been
`13.
`designated "CONFIDENTIAL" was inadvertently produced
`without being designated
`"CONFIDENTIAL.". Upon receivingsuch notice,the Party receivingnotice will immediately
`treat the document as if it had been so designated.However, it shall not be deemed a violation of
`the Agreement to have disclosed information not designated as "CONFIDENTIAL" that is
`subsequently so designatedif disclosure was made priorto such designation.Any failure of the
`Parties to designate a document or information as "CONFIDENTIAL" shall not be deemed a
`waiver of any claim of confidentialitythat the Parties would otherwise be entitled to invoke against
`a non-party to this Litigation.
`
`Within sixty(60) days of the conclusion of the Litigation(includingany appeals),
`14.
`each party and/or their counsel or representativesshall destroy or return all Confidential
`information to counsel for the producing party and shall certifyin writingthat all Confidential
`information has been destroyedor returned.
`
`Nothing in this Agreement shall prejudicein any way either Party'srightsunder
`15.
`the Florida Rules of Civil Procedure to (i)seek productionofdocuments or information it considers
`subjectto discovery;(ii)objectto the productionor documents or information it considers to not
`be subjectto discovery;(iii)objectto discoveryrequests on the basis that documents or information
`are privilegedor otherwise protectedfrom disclosure;(iv)objectto the relevance, materiality,
`competence, authenticity,or admission into evidence of any documents or information subjectto
`this Agreement; or (v)objectto discoverythat it believes to be improper.
`
`

`

`Page 9 of 11
`CACE 19-021995 (07)
`CONSOLIDATED
`
`16.
`
`The foregoingis without prejudiceto the rightof any Party (or any non-party)to
`apply to the judge presidingover the Litigationfor a further protectiveorder relatingto certain
`documents or information.
`
`Nothing in this Agreement shall prevent the Parties from seekingan order from the
`17.
`judge presiding over the Litigation ruling that documents or information designated
`"CONFIDENTIAL" should not be so classified,providedthat:
`
`a. The Party objectingto the designationnotifies counsel for the designatingParty
`in writing of the objectingParty's objections.The written objectionsmust
`identifywith reasonable specificitythe portionsof the document that the
`objectingParty contends are not "CONFIDENTIAL" and the basis for that
`position;
`
`b. All such objectionsshall be based on a good faith belief that the information
`does not fall within the scope of information subjectto protection,under the
`definitions set forth in this Agreement; and
`
`c. Within ten (10)calendar days of service ofthe objectingParty'sobjections,the
`Parties must attempt, in good faith,to resolve the dispute.If the Parties are
`unable to resolve the dispute,the objectingParty may file a motion seeking a
`rulingthat the documents or information at issue should not be treated as
`"CONFIDENTIAL." During the pendency of any such motion, and until the
`court enters an order, the Parties will maintain the confidentialityof the
`documents or information at issue.
`
`Subject to Florida Rule of Civil Procedure 1.285, in the event that any Party
`18.
`inadvertentlydiscloses or produces any document that is privileged,it shall not constitute a waiver
`of any and all privilegesapplicableto that or any other document. A Party that realizes an
`inadvertent disclosure has occurred must immediately notifyin writingthe other Party of the
`inadvertent disclosure. Once such notification is given,the Party in possessionof the privileged
`documents must take steps to ensure the inadvertentlyproduced or disclosed documents are not
`disclosed to any person or used for any reason, and such party, subjectto Rule 1.285, must
`immediately return the inadvertentlydisclosed or produced document and acknowledge
`destruction of all copiesof same in such party'spossession.
`
`Nothing herein will prohibitthe disclosure of documents and information produced
`19.
`in the Litigation,whether or not designated"CONFIDENTIAL," pursuant to compulsory process.
`In the event either Party is served with such compulsory process or request, that Party will provide
`the other Party with notice of such process or request as soon as reasonablypossibleand will take
`reasonable steps to defer responding to such process or request until after the other Party has had
`a reasonable opportunityto objectto the request or take steps to ensure the continued confidential
`
`

`

`Page 10 of 11
`CACE 19-021995 (07)
`CONSOLIDATED
`
`treatment of the material. Nothing herein shall requireany Party to violate an order of a court of
`competent jurisdiction.
`
`Any Party may apply to the Court for a modification of this Order, and nothing in
`20.
`the Order shall be deemed to prejudicetheir rightsto seek modification.
`
`[SIGNATURES ON FOLLOWING PAGE]
`
`

`

`Page 11 of 11
`CACE 19-021995 (07)
`CONSOLIDATED
`
`Dated this 6th day of June 2022
`
`By-- /s/ Michael J. Kurzman
`Michael J. Kurzman, Esq.
`Weiss Serota Helfman Cole & Bierman
`200 East Broward Blvd., Suite 1900
`Fort Lauderdale, FL 33301
`Phone: 954-763-4242
`
`Counsel for Defendant/Counter-Plaintiff
`
`By-. is/ H. Eugene Lindsey
`H. Eugene Lindsey,III,Esq.
`Katz Barron
`901 Ponce de Leon Blvd., 10?,th Floor
`Coral Gables, FL 33134
`Phone: 305-856-2444
`
`hel@katzbarron.com
`Counsel for Plaintiff/Counter-Defendant
`
`AGREED PROTECTIVE ORDER
`
`The Stipulationto Agreed ConfidentialityAgreement and Protective Order set forth above
`
`in its entiretyis hereby APPROVED and GRANTED.
`
`DONE and ORDERED in Chambers at Broward County, Florida this
`
`day of
`
`,2022.
`
`Copies furnished to:
`
`Counsel of Record
`
`CIRCUIT COURT JUDGE
`
`