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Contract analysis / luminos-data-preservation-letter.docx
luminos-data-preservation-letter.docx
High · 1
Medium · 5
Standard · 0
1. Introduction and Basis for the Request
1. Introduction and Basis for the Request Calderwood & Harkness LLP ("Calderwood & Harkness" or "C&H") represents Verimark Hospitality Group Inc. ("VHG"), a Delaware corporation headquartered at 2400 Bayshore Boulevard, Suite 1100, Tampa, FL 33629 (EIN: 84-3291076; Nasdaq: VMHG), in connection with anticipated litigation concerning alleged wage-and-hour violations. We write to you in your capacity as Senior Account M
2. Legal Obligation to Preserve
Medium
⚑ Liability cap to check against exposure
2. Legal Obligation to Preserve As you may be aware, the common law imposes a broad duty to preserve documents and electronically stored information ("ESI") that are relevant, or reasonably anticipated to be relevant, to pending or reasonably anticipated litigation. This duty was triggered for VHG no later than January 16, 2026, when VHG received the demand letter from Garza, Linden & Okafor LLP. From that date forwa
3. Scope of Data Subject to Preservation
3. Scope of Data Subject to Preservation The following sections describe in detail the data and records that Luminos must preserve. This description is intended to be comprehensive but not exhaustive. To the extent Luminos maintains additional categories of data related to VHG's account that are not specifically enumerated below but that may be relevant to the claims or defenses in the anticipated litigation, Luminos
1. Verimark Regency Tampa — 1200 North Westshore Boulevard, Tampa, FL 33607
1. Verimark Regency Tampa — 1200 North Westshore Boulevard, Tampa, FL 33607
2. Verimark Grand Orlando — 8750 International Drive, Orlando, FL 32819
2. Verimark Grand Orlando — 8750 International Drive, Orlando, FL 32819
3. Verimark Shores Clearwater — 455 Mandalay Avenue, Clearwater Beach, FL 33767
3. Verimark Shores Clearwater — 455 Mandalay Avenue, Clearwater Beach, FL 33767
4. Verimark Bayfront St. Petersburg — 100 First Avenue South, St. Petersburg, FL 33701
4. Verimark Bayfront St. Petersburg — 100 First Avenue South, St. Petersburg, FL 33701
5. Verimark Resort & Spa Boca Raton — 2600 North Ocean Boulevard, Boca Raton, FL 33431
5. Verimark Resort & Spa Boca Raton — 2600 North Ocean Boulevard, Boca Raton, FL 33431
6. Verimark Oceanview Fort Lauderdale — 3030 Holiday Drive, Fort Lauderdale, FL 33316
6. Verimark Oceanview Fort Lauderdale — 3030 Holiday Drive, Fort Lauderdale, FL 33316
7. Verimark Key West Collection — 1500 Reynolds Street, Key West, FL 33040
Medium
⚑ Liability cap to check against exposure
7. Verimark Key West Collection — 1500 Reynolds Street, Key West, FL 33040 These seven properties represent the primary locations at which the named claimant and the putative collective members were or are employed. However, because VHG's Florida operations are interconnected and employees may have worked at or transferred among multiple properties, all VHG property data within the Luminos system should be preserved.
4. Data-Export Specifications
Medium
⚑ Assignment / subcontracting
4. Data-Export Specifications In addition to preserving the data described above, we request that Luminos prepare and make available to Calderwood & Harkness — at VHG's direction and expense — a complete export of the preserved data in the formats specified below. We understand that preparation of these exports may require coordination between Luminos's data-engineering and account-management teams, and we are prepar
5. Suspension of Data-Destruction Schedules
Medium
⚑ Liability cap to check against exposure
5. Suspension of Data-Destruction Schedules We wish to emphasize and reiterate the following point, which is of critical importance: Luminos must immediately suspend any and all routine data-destruction, purging, overwriting, recycling, or archival schedules that are applicable to VHG data under account LTT-VHG-2022-0041. This suspension applies to all automated and manual processes that would result in the deletion,
6. Confirmation and Point of Contact
6. Confirmation and Point of Contact We request that Luminos acknowledge receipt of this letter and provide written confirmation of the following items within five (5) business days of receipt — that is, no later than February 13, 2026:
1. Confirmation that all data described in Section 3 of this letter will be preserved in
1. Confirmation that all data described in Section 3 of this letter will be preserved in its current form and location, and that no such data will be destroyed, altered, overwritten, or otherwise modified;
2. Confirmation that all automatic destruction, purging, recycling, and overwriting sched
2. Confirmation that all automatic destruction, purging, recycling, and overwriting schedules applicable to VHG data under account LTT-VHG-2022-0041 have been suspended, with identification of the specific schedules or processes that have been suspended;
3. Identification of any VHG data within the scope of Section 3 that has already been des
3. Identification of any VHG data within the scope of Section 3 that has already been destroyed, purged, or overwritten, together with the information described in Section 5 above; and
4. Designation of a Luminos point of contact (name, title, email address, and telephone n
4. Designation of a Luminos point of contact (name, title, email address, and telephone number) for ongoing coordination regarding data preservation, data export, and any questions arising from this request. Please direct your written confirmation and any questions regarding this request to the following contacts: VHG's Primary Internal Contact: Enrique J. Fuentes Director, Payroll & Workforce Compliance Verimark Hos
7. Authorization
7. Authorization This letter is sent on behalf of and at the direction of Verimark Hospitality Group Inc., acting through its General Counsel, Devin K. Arroyo. Calderwood & Harkness LLP is authorized to make this preservation request and to coordinate with Luminos regarding the preservation and production of data described herein, pursuant to VHG's engagement of Calderwood & Harkness as outside counsel in this matter
8. Confidentiality and Privilege
Medium
⚑ Confidentiality undertaking
8. Confidentiality and Privilege This letter and its contents are protected by the attorney-client privilege and the work-product doctrine to the fullest extent applicable under law. This communication was prepared by counsel for VHG in anticipation of litigation and for the purpose of rendering legal advice to VHG in connection with the anticipated claims. We request that Luminos treat this letter and its contents a
9. Reservation of Rights
High
⚑ Indemnity / guarantee obligation
9. Reservation of Rights VHG and Calderwood & Harkness expressly reserve the right to supplement this preservation request with additional categories of data, expanded date ranges, additional property locations, or further specifications as the matter develops and as additional information becomes available. This letter represents VHG's initial preservation request based on the information currently available and sho