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Filing # 129508707 E-Filed 06/25/2021 11:33:24 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2020 CA 001106 AN
HON. MARGARET H. SCHREIBER
XIAO SHENG YUE,
Plaintiff,
vs.
CYNTHIA M FOERSTER AND
CHAPP, INC.,
Defendants.
—
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PLAINTIFF’S
RESPONSE TO DEFENDANT'S
SECOND REQUEST FOR PRODUCTION
COMES NOW the Plaintiff, XIAO SHENG YUE, by and through the undersigned
attorneys, and in response to the Defendants’, CYNTHIA M FOERSTER AND CHAPP, INC.,
Request for Production served on or about April 7, 2021, and states as follows:
1. Any and all records regarding or referring to any real estate properties you own in
whole or in part and/or that you help manage, including but not limited to any deeds, warranty
deeds, quit claim deeds, notes, mortgages, property tax records, applications, insurance records,
records of rental income, leases, rental agreements, landlord-tenant agreements, eviction notices,
management agreements, records of maintenance expenses, records of repair expenses, checks,
ledgers, records of maintenance expenses, and any bookkeeping and accounting records regarding
the management of the properties and the like.
RESPONSE: The requested documents either do not exist or are not within the
possession, custody or control of the Plaintiff at the time of responding to this request.
Defense has the same ability to find the requested information regarding property title,
deeds, quit claim deeds, etc ... through the property appraisers office or the relevant
county offices.
Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this
response.
2. Any and all documents referring to evidencing to maintain any real estate properties you
own, in whole or in part, and/or that you help manage including but not limited to any invoices or
receipts from Lowes, Home Depot, Sam’s Club and/or any other retailer or wholesaler.
RESPONSE: The requested documents either do not exist or are not within the
possession, custody or control of the Plaintiff at the time of responding to this request.
Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this
response.
3. Any and all documents referring to or evidencing any insurance policies issued
regarding any real estate properties you own, in whole or in part, and/or that you help manage,
including but not limited to any applications, policies, records of claims, claim notices, records of
claims payments, records of repairs, checks, invoices, and the like.
RESPONSE: The requested documents either do not exist or are not within the
possession, custody or control of the Plaintiff at the time of responding to this request.
Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this
response.
4. Please complete and return the enclosed IRS release.
RESPONSE: Attached is a fully executed Form 4506 Request for Tax Return. Please
let this stand as Plaintiff’s Request for Copies of any documents produced by the United
States Treasury in response to the attached signed authorization form.
5. Any and all records, including but not limited to any and all deeds, warranty deeds,
quit claim deeds, notes, mortgages, property tax records, insurance records, records of rental
income, property and income tax records, leases, rental agreements, landlord-tenant agreements,
eviction notices, management agreements, records of maintenance expenses, records of repair
expenses, checks, ledgers, and any bookkeeping and accounting records and the like regarding the
following properties:
a. 4440 Philadelphia Circle, Kissimmee, FL
b. 4716 Hemingway House Street, Kissimmee, FL
c. 1197 S Beach Circle, Kissimmee, FL
d. 11644 Nimbus Lane, Orlando FL
RESPONSE: The requested documents either do not exist or are not within the
possession, custody or control of the Plaintiff at the time of responding to this request.
Defense has the same ability to find the requested information regarding property title,
deeds, quit claim deeds, etc ... through the property appraisers office or the relevant
county offices.
Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this
response.
6. Any and all imsurance records, including but not limited to any applications,
policies, records of claims, claim notices, records of claims payments, records of repairs, checks,
invoices, and receipts regarding or referrmg to any the following properties:
a. 4440 Philadelphia Circle, Kissimmee, FL
b. 4716 Hemingway House Street, Kissimmee, FL
c. 1197 S Beach Circle, Kissimmee, FL
d. 11644 Nimbus Lane, Orlando FL
RESPONSE: The requested documents either do not exist or are not within the
possession, custody or control of the Plaintiff at the time of responding to this request.
Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this
response.
7. Any and all documents regarding or referring to the farm property located at 11010
Lake Hatchineha Road, Haines City, FL 33844, including but not limited to any deeds, warranty
deeds, quit claim deeds, notes, mortgages, property tax records, insurance records, bookkeeping
records, accounting records, profit and loss statements, balance statements, documents referencing
any assets, documents referencing any liabilities, documents referencing any inventory, livestock
records, building and zoning records, building and zoning complaints, business occupancy
permits/licenses, Department of Agriculture documents, licenses, any and all documents
referencing or regarding any improvements or repairs, animal feed invoices/receipts, harvesting
records, sales records, and the like.
RESPONSE: The requested documents either do not exist or are not within the
possession, custody or control of the Plaintiff at the time of responding to this request.
Defense has the same ability to find the requested information regarding property title,
deeds, quit claim deeds, etc ... through the property appraisers office or the relevant
county offices.
Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this
response.
8. Any and all non-privileged documents regarding or referring to any and all claims
for bodily injury you made arising out of any injuries from 2008 to the present, including but not
limited to any photos, estimates, medical records, radiological films/records, prescriptions,
EMT/ambulance/fire department records, health insurance records, automobile insurance records,
liens, medical bills, repair bills, invoices, claim notices, settlement documents, correspondence,
email communications, checks and the like.
RESPONSE: The requested documents either do not exist or are not within the
possession, custody or control of the Plaintiff at the time of responding to this request.
Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this
response.
9. Any and all non-privileged documents regarding or referring to any and all claims
for property damage you made from 2008 to the present, including but not limited to any photos,
estimates, repair bills, Exactimate documents, invoices, claim notices, liens, settlement documents,
correspondence, email communications, checks, and the like.
RESPONSE: The requested documents either do not exist or are not within the
possession, custody or control of the Plaintiff at the time of responding to this request.
Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this
response.
10. _—_ A true and complete copy of your passport, including all pages/stamps.
RESPONSE: Objection, overly broad, unduly burdensome and not limited in scope.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 25, 2021, I electronically filed the foregoing with the
Clerk of the Courts by using the Florida Courts eFiling Portal. I further certify that Pursuant to
Rule 2.516(b)(1) I forwarded the foregoing this same day via email to: Jorge Santeiro, Jr.,
Esquire, Law Offices of Santeiro & Garrison, 6300 University Parkway, Ste 101, Sarasota, FL
34240, via email at jsanteiro@fcci-group.com; ssmithS@fcci-group.com; legalservice@fcci-
group.com.
/s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: Iclaudio@forthepeople.com
Attorneyfor Plaintiff
Preview
Filing # 129508707 E-Filed 06/25/2021 11:33:24 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2020 CA 001106 AN HON. MARGARET H. SCHREIBER XIAO SHENG YUE, Plaintiff, vs. CYNTHIA M FOERSTER AND CHAPP, INC., Defendants. — eaeeaiaiaiaia(‘_ié_C PLAINTIFF’S RESPONSE TO DEFENDANT'S SECOND REQUEST FOR PRODUCTION COMES NOW the Plaintiff, XIAO SHENG YUE, by and through the undersigned attorneys, and in response to the Defendants’, CYNTHIA M FOERSTER AND CHAPP, INC., Request for Production served on or about April 7, 2021, and states as follows: 1. Any and all records regarding or referring to any real estate properties you own in whole or in part and/or that you help manage, including but not limited to any deeds, warranty deeds, quit claim deeds, notes, mortgages, property tax records, applications, insurance records, records of rental income, leases, rental agreements, landlord-tenant agreements, eviction notices, management agreements, records of maintenance expenses, records of repair expenses, checks, ledgers, records of maintenance expenses, and any bookkeeping and accounting records regarding the management of the properties and the like. RESPONSE: The requested documents either do not exist or are not within the possession, custody or control of the Plaintiff at the time of responding to this request. Defense has the same ability to find the requested information regarding property title, deeds, quit claim deeds, etc ... through the property appraisers office or the relevant county offices. Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this response. 2. Any and all documents referring to evidencing to maintain any real estate properties you own, in whole or in part, and/or that you help manage including but not limited to any invoices or receipts from Lowes, Home Depot, Sam’s Club and/or any other retailer or wholesaler. RESPONSE: The requested documents either do not exist or are not within the possession, custody or control of the Plaintiff at the time of responding to this request. Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this response. 3. Any and all documents referring to or evidencing any insurance policies issued regarding any real estate properties you own, in whole or in part, and/or that you help manage, including but not limited to any applications, policies, records of claims, claim notices, records of claims payments, records of repairs, checks, invoices, and the like. RESPONSE: The requested documents either do not exist or are not within the possession, custody or control of the Plaintiff at the time of responding to this request. Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this response. 4. Please complete and return the enclosed IRS release. RESPONSE: Attached is a fully executed Form 4506 Request for Tax Return. Please let this stand as Plaintiff’s Request for Copies of any documents produced by the United States Treasury in response to the attached signed authorization form. 5. Any and all records, including but not limited to any and all deeds, warranty deeds, quit claim deeds, notes, mortgages, property tax records, insurance records, records of rental income, property and income tax records, leases, rental agreements, landlord-tenant agreements, eviction notices, management agreements, records of maintenance expenses, records of repair expenses, checks, ledgers, and any bookkeeping and accounting records and the like regarding the following properties: a. 4440 Philadelphia Circle, Kissimmee, FL b. 4716 Hemingway House Street, Kissimmee, FL c. 1197 S Beach Circle, Kissimmee, FL d. 11644 Nimbus Lane, Orlando FL RESPONSE: The requested documents either do not exist or are not within the possession, custody or control of the Plaintiff at the time of responding to this request. Defense has the same ability to find the requested information regarding property title, deeds, quit claim deeds, etc ... through the property appraisers office or the relevant county offices. Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this response. 6. Any and all imsurance records, including but not limited to any applications, policies, records of claims, claim notices, records of claims payments, records of repairs, checks, invoices, and receipts regarding or referrmg to any the following properties: a. 4440 Philadelphia Circle, Kissimmee, FL b. 4716 Hemingway House Street, Kissimmee, FL c. 1197 S Beach Circle, Kissimmee, FL d. 11644 Nimbus Lane, Orlando FL RESPONSE: The requested documents either do not exist or are not within the possession, custody or control of the Plaintiff at the time of responding to this request. Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this response. 7. Any and all documents regarding or referring to the farm property located at 11010 Lake Hatchineha Road, Haines City, FL 33844, including but not limited to any deeds, warranty deeds, quit claim deeds, notes, mortgages, property tax records, insurance records, bookkeeping records, accounting records, profit and loss statements, balance statements, documents referencing any assets, documents referencing any liabilities, documents referencing any inventory, livestock records, building and zoning records, building and zoning complaints, business occupancy permits/licenses, Department of Agriculture documents, licenses, any and all documents referencing or regarding any improvements or repairs, animal feed invoices/receipts, harvesting records, sales records, and the like. RESPONSE: The requested documents either do not exist or are not within the possession, custody or control of the Plaintiff at the time of responding to this request. Defense has the same ability to find the requested information regarding property title, deeds, quit claim deeds, etc ... through the property appraisers office or the relevant county offices. Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this response. 8. Any and all non-privileged documents regarding or referring to any and all claims for bodily injury you made arising out of any injuries from 2008 to the present, including but not limited to any photos, estimates, medical records, radiological films/records, prescriptions, EMT/ambulance/fire department records, health insurance records, automobile insurance records, liens, medical bills, repair bills, invoices, claim notices, settlement documents, correspondence, email communications, checks and the like. RESPONSE: The requested documents either do not exist or are not within the possession, custody or control of the Plaintiff at the time of responding to this request. Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this response. 9. Any and all non-privileged documents regarding or referring to any and all claims for property damage you made from 2008 to the present, including but not limited to any photos, estimates, repair bills, Exactimate documents, invoices, claim notices, liens, settlement documents, correspondence, email communications, checks, and the like. RESPONSE: The requested documents either do not exist or are not within the possession, custody or control of the Plaintiff at the time of responding to this request. Discovery is ongoing and Plaintiff reserves the right to supplement and/or amend this response. 10. _—_ A true and complete copy of your passport, including all pages/stamps. RESPONSE: Objection, overly broad, unduly burdensome and not limited in scope. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 25, 2021, I electronically filed the foregoing with the Clerk of the Courts by using the Florida Courts eFiling Portal. I further certify that Pursuant to Rule 2.516(b)(1) I forwarded the foregoing this same day via email to: Jorge Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison, 6300 University Parkway, Ste 101, Sarasota, FL 34240, via email at jsanteiro@fcci-group.com; ssmithS@fcci-group.com; legalservice@fcci- group.com. /s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: Iclaudio@forthepeople.com Attorneyfor Plaintiff