[CLC-Discussion] Scope of 558 production

Tue Jul 17 06:58:05 PDT 2012

When our study committee came up with the changes to 558 a few years ago, one of the items that we were concerned with was a soup-to-nuts request for documents at an early stage, the failure to respond to which being sanctionable in later litigation. The early version of 558 was so broad that no one could tell just what was required to be produced. It is my understanding that under today’s law the only items required to be furnished in response to a 558.04(15) request are the items specified therein.  That is not to say that other items that could be helpful in assessing settlement may not be requested.  It is my understanding that items requested outside of the list in the statute are for voluntary response.  You have to convince the other side that such additional documents would be helpful to assess settlement because …

Remember that the goal of 558 is settlement, not to load up in anticipation of litigation (and I am not saying you are).

Having said that, our committee’s determination of what should be produced (as enacted) may be subject to further statutory change.  I know that since the last statutory change I have thought that some items not in the list could be helpful to assess settlement.

Sincerely,

Larry R. Leiby, Esq.
Malka & Kravitz, P.A.
1300 Sawgrass Corp. Pkwy., Suite 100
Ft. Lauderdale, FL  33323
Phone:  954-514-0984
Fax:      954-514-0985     e-mail:  leiby at mkpalaw.com

Board Certified in Construction Law
Fla. Supreme Court Certified Circuit Court Civil Mediator

Member, Leiby Alexander Brandt ADR Group, LLC
Member, JAMS Global Engineering and Construction Panel
Fellow, College of Commercial Arbitrators

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Erum Kistemaker
Sent: Tuesday, July 17, 2012 9:19 AM
To: 'Sherry Eisele'; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Enforcement of Settlement Provisions in Bankruptcy

Group:

What is considered to broad of a discovery request in a 558 notice?  I have asked for some pretty relevant documents and the other side is refusing to provide based on the fact that my request is to broad and I can obtain from public records.  I have asked for soil compaction test, etc…

Erum Siddiqui Kistemaker
[cid:image004.jpg at 01CD6400.9020AAD0]
             1651 N. Clyde Morris Blvd. #2
             Daytona Beach, FL 32117
             Tel: (386)310-7997
             Cell: (386)566-1899
             Fax: (386) 478-4425
             ekistemaker at e-kbusinesslaw.com<mailto:certl at e-kbusinesslaw.com>
             www.e-kbusinesslaw.com<http://www.e-kbusinesslaw.com/>

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From: Sherry Eisele [mailto:sleisele at southmilhausen.com]
Sent: Monday, July 16, 2012 11:50 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Enforcement of Settlement Provisions in Bankruptcy

Good Morning All,

Mr. Hammes and Mr. Nardella have been gracious enough to provide permission for me to circulate the attached outline to our group.  If there is additional interest, they would be pleased to talk to us during one of our monthly meetings.  I do not know if CLE credit was authorized yet for this presentation, but I am sure that can be arranged.

Sherry Lambson-Eisele, Esq.
South Milhausen, P.A.
Gateway Plaza, Suite 1200
1000 Legion Place
Orlando, FL 32801
sleisele at southmilhausen.com<mailto:sleisele at southmilhausen.com>
Tel. (407)539-1638 x 340
Fax. (407)539-2679
Mobile. (407)405-8801
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