Filing # 145179019 E-Filed 03/07/2022 12:06:05 PM
`IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
`IN AND FOR PALM BEACH COUNTY
`JUPITER COUNTRY CLUB CONDOMINIUM CASE NO: 50-2020-CA-008558
`II-III ASSOCIATION, INC.,
`Plaintiff,
`v.
`TOLL BROS., INC. d/b/a TOLL BROTHERS,
`and JUPITER CC, LLC,
`Defendants.
`________________________________ /
`TOLL BROS., INC. d/b/a TOLL BROTHERS,
`Third-Party Plaintiff,
`v.
`ITALIAN TERRAZZO & TILE CO. OF BREVARD, L.L.C,
`d/b/a CLASSIC FLOORS FERRAZZANO, et al.,
`Third-Party Defendants.
`________________________________ /
`ITALIAN TERRAZZO & TILE CO. OF BREVARD, L.L.C,
`d/b/a CLASSIC FLOORS FERRAZZANO,
`Fourth-Party Plaintiff,
`v.
`ALEX MARBLE & TILE SERVICES, INC., CESAR & E
`FLOORING INC, EVOLUTION TILE & MARBLE, INC.,
`FRAN-CO, INC., FUNEZ FLOORING INC, GARA MARBLE
`SERVICES CORP, GARDINI FLOORING, CORP.,
`GONZALEZ TILES, INC., HOLDEN HOMES, INC.,
`INTERNACIONAL TILE, CORP., LEO’S TILE SERVICE INC,
`OSWALDO AGUIRRE CORPORATION INC., RESILIENT FLOORING
`PROFESSIONAL, INC., S & S TILE & MARBLE SERVICES,
`CORP., SAINTELUS’S FLOORING, INC., STONE & DESIGN
`SERVICES, INC., STONE DESIGN - HOME IMPROVEMENT
`CORP, TOP RHINO MARBLE CORP., TORRANO MARBLE
`Cole, Scott & Kissane
`www.cskleqal.com
`Miami | Key West | West Palm Beach | Tampa | Fort Myers | Fort Lauderdale West | Naples | Jacksonville | Orlando | Pensacola | Bonita Springs | Fort Lauderdale East
`*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/07/2022 12:06:05 PM ***
`NOT A CERTIFIED COPY
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`CASE NO: 50-2020-CA-008558
`INC, TWO BROTHERS FLOORING SERVICES INC,
`VERSARI WOOD SERVICE CORP,
`Fourth-Party Defendants.
`________________________________ I
`ITALIAN TERRAZZO & TILE CO. OF BREVARD, L.L.C, d/b/a CLASSIC FLOORS
`FERRAZZANO’S FIRST REQUEST FOR PRODUCTION TO STONE & DESIGN
`SERVICES, INC.
`COMES NOW, Third-Party Defendant/Fourth-Party Plaintiff, ITALIAN TERRAZZO &
`TILE CO. OF BREVARD, L.L.C, d/b/a CLASSIC FLOORS FERRAZZANO, by and through
`undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, hereby serves its First Request for
`Production upon Fourth-Party Defendant, STONE & DESIGN SERVICES, INC., via process
`server.
`CERTIFICATE OF SERVICE
`WE HEREBY CERTIFY on this 7th day of March 2022, that a true and correct copy of the
`foregoing has been furnished by electronic mail through the Florida Courts e-Filing Portal to all
`counsel of record.
`COLE, SCOTT & KISSANE, P.A.
`Counsel for ITALIAN TERRAZZO & TILE CO.
`OF BREVARD, L.L.C. d/b/a CLASSIC FLOORS
`FERRAZZANO
`222 Lakeview Avenue, Suite 120
`West Palm Beach, Florida 33401
`Telephone: (561)681-5555
`Facsimile: (561) 683-8977
`Primary email: Daniel.Levin@csklegal.com
`Primary email: Brandon.Camilleri@csklegal.com
`By: /s/Daniel E. Levin______________
`Daniel E. Levin, Esq.
`Florida Bar Number 084428
`Brandon J. Camilleri, Esq.
`Florida Bar Number 1002377
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`Miami | Key West | West Palm Beach | Tampa | Fort Myers | Fort Lauderdale West | Naples | Jacksonville | Orlando | Pensacola | Bonita Springs | Fort Lauderdale East
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`CASE NO: 50-2020-CA-008558
`INSTRUCTIONS
`A All uses of the conjunctive shall be interpreted as also including the disjunctive and vice versa.
`The use of the singular form of any word includes the plural, and the use of the plural includes
`the singular.
`B. If you consider any document called for by this Request to be privileged from production, you
`must include in your response to the Request: (1) a list of documents withheld from
`production, identifying each document by date, addressee, author, title and subject matter; and
`(2) a statement of the ground(s) upon which each such document is considered privileged.
`C. Produce each document in its entirety, including all attachments, cover memoranda,
`appendices, even if only a portion of the document is responsive to the request.
`D. If the original of any document herein requested is not in your custody, control or possession,
`please state to the best of your knowledge the name, address and telephone number of the
`Person or entity in possession, custody, or control of the original.
`E. Segregate and identify all documents produced according to the request’s number to which each
`is responsive. If it is determined that a document is responsive to more than one request or sub­
`part of a request, produce the document pursuant to the first numbered request to which it is
`responsive and list the other request to which it is also responsive.
`F. In response to any document request, if any document requested called for has been discarded,
`destroyed or otherwise disposed of, please identify such document by stating the following:
`(1) its author or preparer; (2) its date or dates of preparation; (3) the addressee(s); (4) the subject
`matter of the document; (5) all Persons to whom it was distributed; and (6) the date, marmer,
`and reason for destruction or other disposition of the document.
`G. These requests are deemed to be continuing in nature, and in the event, you become aware of
`additional responsive information, you are requested to promptly provide such additional
`responsive information to the requesting party.
`H. The production of duplicate documents is urmecessary. If a document or thing is responsive to
`more than one request, production of that document or thing is required only once.
`I Unless otherwise indicated, the time period covered by the requests is from April 14, 2010
`through the present date.
`DEFINITIONS
`For the purposes of this Request for Production, the following definitions shall apply unless
`the context clearly requires otherwise.
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`CASE NO: 50-2020-CA-008558
`a) The terms “You,” “Your,” and “Yours” shall refer to STONE & DESIGN SERVICES,
`INC. and includes any predecessors in interest, successors in interest, attorneys, agents,
`representatives, and all other persons acting or purporting to act on behalf thereof.
`b) The term “Plaintiff ” shall refer to JUPITER COUNTRY CLUB CONDOMINIUM II-III
`ASSOCIATION, INC., the Plaintiff in the underlying lawsuit and includes any predecessors in
`interest, successors in interest, attorneys, agents, representatives, and all other persons acting or
`purporting to act on behalf thereof, which specifically includes, but is not limited to, both JUPITER
`COUNTRY CLUB II ASSOCIATION, INC. and JUPITER COUNTRY CLUB
`CONDOMINIUM III ASSOCIATION.
`c) The term “TOLL BROS” shall refer to TOLL BROS., INC. d/b/a TOLL BROTHERS, a
`Defendant/Third-Party Plaintiff in the underlying lawsuit and includes any predecessors in interest,
`successors in interest, attorneys, agents, representatives, and all other persons acting or purporting
`to act on behalf thereof.
`d) The term “JUPITER CC” shall refer to JUPITER CC, LLC, a Defendant in the underlying
`lawsuit and includes any predecessors in interest, successors in interest, attorneys, agents,
`representatives, and all other persons acting or purporting to act on behalf thereof.
`e) The terms “Property” or “Project” shall refer to the condominiums now known as Jupiter
`Country Club II Condominium and Jupiter Country Club III Condominium located in Jupiter, FL
`which are the subject of the underlying lawsuit.
`f) The term “FERRAZZANO” shall mean Third-Party Defendant/Fourth-Party Plaintiff in
`the underlying lawsuit, ITALIAN TERRAZZO & TILE CO. OF BREVARD, L.L.C, d/b/a
`CLASSIC FLOORS FERRAZZANO, and includes any predecessors in interest, successors in
`interest, attorneys, agents, representatives, and all other persons acting or purporting to act on
`behalf thereof.
`g) As used herein, "document" means any writing, recording, electronically stored
`information or photograph in your actual or constructive possession, custody, care or control,
`which pertain directly or indirectly, in whole or in part, either to any of the subjects listed below
`or to any other matter relevant to the issues in this action, or which are themselves listed below as
`specific documents, including, but not limited to: correspondence, memoranda, notes, messages,
`diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video
`tapes or tape recordings.
`h) The term “ESI” or “Electronically Stored Information” means and refers to computer
`generated information or data of any kind, stored in or on any storage media located on computers,
`file servers, disks, tape or other real or virtualized devices or media. Non-limiting examples of ESI
`include:
`• Digital Communications (e.g., e-mail, voice mail, instant messaging, tweets, etc.);
`• E-Mail Server Stores (e.g., Lotus Domino .NSF or Microsoft Exchange .EDB);
`• Word Processed Documents (e.g.. Word or WordPerfect files and drafts);
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`Miami | Key West | West Palm Beach | Tampa | Fort Myers | Fort Lauderdale West | Naples | Jacksonville | Orlando | Pensacola | Bonita Springs | Fort Lauderdale East
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`CASE NO: 50-2020-CA-008558
`• Spreadsheets and tables (e.g.. Excel or Lotus 123 worksheets);
`• Accounting Application Data (e.g., QuickBooks, Money, Peachtree data);
`• Image and Facsimile Files (e.g., .PDF, .TIFF, .JPG, .GIF images);
`• Contact and Relationship Management Data (e.g.. Outlook, ACT!);
`• Calendar and Diary Application Data (e.g.. Outlook PST, blog entries);
`• Backup and Archival Files (e.g., Veritas, Zip, .GHO)
`DOCUMENTS REQUESTED FOR PRODUCTION
`1. Your entire project file relative to the Project, which includes but is not limited to,
`those documents listed below:
`2. Full and complete copies of any and all contracts and/or agreements including any
`supplemental agreements, addendums to the agreements, exhibits and attachments, between You
`and FERRAZZANO which relate to the Project.
`3. Full and complete copies of any and all contracts and/or agreements including any
`supplemental agreements, addendums to the agreements, exhibits and attachments, between You
`and TOLL BROS or JUPITER CC which relate to the Project.
`4. Full and complete copies of any and all contracts and/or agreements including any
`supplemental agreements, addendums to the agreements, exhibits and attachments, between You
`and any subcontractor which relate to the Project.
`5. Any and all change orders related to Your scope of work on the Project.
`6. Any and all documents including, without limitation, e-mails, evidencing or
`relating to any and all claims or demands seeking payment for labor, services and/or materials
`furnished for the Project, including but not limited to, any pay applications and backup supporting
`documentation for those pay applications.
`7. Any and all invoices, receipts, canceled checks (front and back), wire advices, and
`bank statements reflecting proof of payments made to You for Your work on the Project.
`8. Any and all invoices, receipts, canceled checks (front and back), wire advices, and
`bank statements reflecting proof of payments made by You to any subcontractors for Your work
`on the Project.
`9. Evidence of any cash payments issued by You to any subcontractor, material
`supplier, or laborer regarding the Property.
`10. All purchase orders, work orders, warranty requests, or other documents requesting
`that You or FERRAZZANO perform work on the Project.
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`Cole, Scott & Kissane
`www.cskleqal.com
`Miami | Key West | West Palm Beach | Tampa | Fort Myers | Fort Lauderdale West | Naples | Jacksonville | Orlando | Pensacola | Bonita Springs | Fort Lauderdale East
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`11. All documents reflecting communications, including, but not limited to, e-mails,
`text messages, and phone call logs, by and between You and FERRAZZANO concerning or
`relating to Your work or FERRAZZANO’s work on the Project.
`12. All documents reflecting communications, including, but not limited to, e-mails,
`text messages, and phone call logs, by and between You and any other entity or individual
`concerning or relating to Your work or FERRAZZANO’s work on the Project.
`13. Any and all deficiency lists, punch lists and/or completion lists relating to the labor,
`services and materials furnished by you for the Project.
`14. Any and all correspondence, including but not limited to emails, telephone logs,
`memoranda, facsimiles related to deviations from the plans, specifications, or drawings for the
`Project.
`15. Any and all time sheets, time cards, or other documents reflecting when Your
`employees were on site performing work on the Project.
`16. Any and all picture, photograph, negative, slide, movie, film, visual or audio
`transcription, videotape, sound recording, microfilm, data stored or recorded on or in punch cards,
`computer tapes, discs, CD-ROMS, reels, or other devices for business machines or other means of
`storing and/or transmitting human or machine-generated or stored intelligence, relating to work
`performed on the Project.
`17. All certificates of insurance for Your or Your subcontractors which relate to Your
`work performed on the Project.
`18. All certificates of insurance for You that list FERRAZZANO as an additional
`insured or certificate holder.
`19. Any and all insurance policies or agreements under which You are being provided
`a defense for this lawsuit.
`20. Any and all insurance policies or agreements under which You may provide You
`with a defense for the claims made against You in this lawsuit.
`21. Any and all reservation of rights letters sent by Your insurance carriers related to
`the claims arising out of the Project.
`22. Any and all letters denying coverage or denying the duty to defend sent by Your
`insurance carriers related to the claims made against You in this lawsuit.
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`Miami | Key West | West Palm Beach | Tampa | Fort Myers | Fort Lauderdale West | Naples | Jacksonville | Orlando | Pensacola | Bonita Springs | Fort Lauderdale East
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`23. Any and all plans and specifications provided to You or utilized by You for the
`Project.
`24. Any and all Requests for Information generated by You or received by You for the
`Project.
`25. Any and all Responses to Request for Information received by You relative to the
`Project.
`26. Any and all bids, proposals, or estimates submitted by You or Your subcontractors
`to perform work on the Project.
`27. Any and all product approvals or notices of acceptances for materials You utilized
`for the Project.
`28. All notices to owner issued by You, any subcontractor, sub-subcontractor, or
`supplier for the Project.
`29. All contracts entered into between TOLL BROS or JUPITER CC and
`FERRAZZANO regarding the Project.
`30. All warranty demand letters received for the Project.
`31. All demands for defense or indemnification received by You related to the Project.
`32. All responses to demands for defense or indemnification sent by You related to the
`Project.
`33. All documents, including minutes, of any meeting related to construction of the
`Property.
`34. Any construction schedules or other document reflecting sequencing or timing of
`work performed on the Project.
`35. All electronic and physical accounting documents, including computer printouts,
`QuickBooks sheets, or other information prepared by accounting computer software indicating
`accounts receivables or accounts payables for You related to the Project.
`36. All releases of lien from You or Your subcontractors, laborers, or materials
`suppliers for the Project.
`37. All documents exchanged between You and any subcontractor, material supplier,
`or laborer regarding the Project.
`38. All correspondence between You and any private provider or inspector retained to
`perform inspections on behalf of any building department relative to the Project.
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`www.cskleqal.com
`Miami | Key West | West Palm Beach | Tampa | Fort Myers | Fort Lauderdale West | Naples | Jacksonville | Orlando | Pensacola | Bonita Springs | Fort Lauderdale East
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