Contract analysis

I. Introduction and Purpose This firm represents Plaintiff Verimark Hospitality Group Inc. ("Verimark") in the above-captioned matter. We write to address material deficiencies that our review has identified in the document production served by your client, Coastal Palms Franchise Holdings LLC ("Coastal Palms"), on August 22, 2022, in response to Plaintiff's First Request for Production of Documents ("First RFP"). Th

II. Background on discovery Requests To place the identified deficiencies in context, we briefly summarize the scope and purpose of the First RFP. The First RFP comprises one hundred forty-seven (147) requests organized thematically around the core categories of documents and information relevant to Verimark's claims. Specifically, the requests target: • Financial records: General ledgers, income statements, balance

III. General Objections — Response to Blanket Objections Before addressing the twenty-three (23) specific categories of deficiencies, we must address Coastal Palms' blanket objections, which pervade the written responses accompanying the August 22, 2022 production. Coastal Palms interposed blanket objections to virtually every one of the one hundred forty-seven (147) requests in the First RFP. These objections recite

IV. Identification of 23 Categories of Deficient or Missing Documents We turn now to the specific categories of documents that are either absent, materially incomplete, or improperly withheld from Coastal Palms' production. Each category is described below with reference to the applicable First RFP request numbers, the nature of the deficiency, and the basis for Verimark's position that production is required. Catego

V. Summary of Deficiencies The following table provides a concise summary of all twenty-three (23) categories of deficiencies identified in this letter:

VI. Request for Supplemental Production In light of the foregoing, Verimark respectfully but firmly demands that Coastal Palms supplement its production to cure all twenty-three (23) categories of deficiencies identified in this letter within fourteen (14) calendar days of the date hereof—that is, no later than September 13, 2022. We request that Coastal Palms confirm in writing, no later than September 6, 2022, whic

VII. Reservation of Rights Verimark expressly reserves all rights to seek relief from the Court in the event that the deficiencies identified in this letter are not cured within the timeframe specified above. Such relief may include, without limitation: • A motion to compel production under Florida Rule of Civil Procedure 1.380; • Sanctions for failure to comply with discovery obligations; • An award of reasonable at

VIII. Offer to Meet and Confer Consistent with the requirements of the Florida Rules of Civil Procedure and the prerequisites for any motion to compel, Verimark is willing to meet and confer with Coastal Palms' counsel—whether by telephone, videoconference, or in person—to discuss the deficiencies identified in this letter and Coastal Palms' position with respect to each category before resorting to court interventio

IX. Closing Thank you for your prompt attention to this matter. Verimark takes its franchise-system obligations seriously, and it expects the same seriousness from its franchisees with respect to discovery obligations in this litigation. We are confident that Coastal Palms shares our interest in the efficient resolution of these discovery issues and that a complete and timely supplemental production will be forthcomi