MOTION TO COMPEL PRODUCTION OF DOCUMENTS -THIRD AND FOURTH REQUESTS FOR PRODUCTION TO WE INSURE GROUP INC September 25, 2019 (2024)

 
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 Filing # 96298167 E-Filed 09/25/2019 04:20:34 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO: 2019-CA-2370 DIVISION: CV-H CHRISTOPHER SALAMEH, an individual, Plaintiff, Vv. WE INSURE GROUP, INC., a Florida Corporation, Defendant. / MOTION TO COMPEL PRODUCTION OF DOCUMENTS — THIRD AND FOURTH REQUESTS FOR PRODUCTION TO WE INSURE GROUP, INC. COMES NOW, Plaintiff, CHRISTOPHER SALAMEH, by and through his undersigned counsel, and files this Motion to Compel Production of Documents — Third and Fourth Requests for Production to We Insure Group, Inc., and states in support thereof: 1 On August 15, 2019 and August 16, 2019, Plaintiff served his Third and Fourth Requests for Production, respectively, on Defendant We Insure Group, Inc. (See Exhibits “A” and “B”). 2 On September 17, 2019, We Insure Group, Inc. responded by stating that it is only the holding company, and that any responsive documents would be in the custody and control of its subsidiary, We Insure, Inc. (See Composite Exhibit “C”). We Insure Group, Inc. made no objections to the two (2) requests. 3 As explained in the undersigned’s good faith letter dated September 19, 2019 (Exhibit “D”), We Insure Group, Inc., as the holding company for We Insure, Inc., is in Page 1 of 4ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 09/27/2019 09:08:19 AM.possession, custody and control of the documents requested and must produce same. 4. Control, for purposes of determining whether a party has possession, custody orcontrol of documents, is defined as not only possession, but the legal right to obtain the documentsrequested upon demand. Saewitz v. Saewitz, 79 So. 3d 831 (Fla. 3d DCA 2012) citing Searock v.Stripling, 736 F. 2d 650 (11th Cir. 1984). Moreover, it is not unreasonable to require a parentcorporation that is engaged in litigation to produce records of its wholly owned subsidiary. AmHonda Motor Co. v. Votour, 435 So. 2d 368 (Fla. 4th DCA 1983). 5 It is difficult to fathom how, as Defendant alleges, We Insure Group, Inc. does nothave possession, custody or control of the documents requested when: a) We Insure Group, Inc. and We Insure, Inc. are located in the same office suite at 3020 Hartley Road, Suite 300, Jacksonville, Florida 32257, where all of the company computers and files are maintained. To date, Defendant has failed to explain how We Insure Group, Inc. is not in possession of or in control or custody of the computers and files maintained in its own offices. b) We Insure Group, Inc. previously produced documents in response to Plaintiff's First Request for Production that it indicated were in the possession of We Insure, Inc., thereby demonstrating the ease by which it can obtain requested documents allegedly “from We Insure, Inc.”; c) The CEO of both companies, Phil Visali, testified that he can do whatever he wants with any company he owns. In other words, Mr. Visali can easily instruct an employee in the same office to obtain the requested documents. In fact, based upon the deposition of Salena Simpson, who gathered the documents for production and notably, who first testified she worked for We Insure Group, Inc. and then changed Page 2 of 4her testimony to We Insure, Inc. after prompting from Defendant’s counsel (See Exhibit “E”), it appears that this is exactly what occurred. We Insure Group, Inc’s position that it is not in control of the requested documents when its CEO can instruct someone to obtain the documents is disingenuous. d) Many of the documents requested are emails that that bear a weinsuregroup.com address. It is difficult to imagine how, in good faith, We Insure Group, Inc. can take the position that it is not in possession, control or custody of its very own emails. e) Regardless of whether it is We Insure Group, Inc. or We Insure, Inc. that ultimately produces documents, it will be the same person(s) gathering the requested documents. Many of the documents requested will originate from officers of We Insure Group, Inc., including but not limited to the CEO and CFO. 6 We Insure Group, Inc.’s refusal to produce documents is merely a means by whichto delay the discovery process as well as continue attempting to make a distinction between thetwo (2) companies in an effort to support its position that Plaintiff has sued the wrong party. 7 For all of the reasons above, there is no basis upon which to make a distinctionbetween the two (2) companies for purposes of discovery because We Insure Group, Inc. clearlyhas a legal right to obtain the documents and, being the parent company of and located in the verysame office as We Insure, Inc., We Insure Group, Inc. is in control of and in custody of therequested documents. 8 Plaintiff has incurred attorney fees and costs in having to seek Court interventionto obtain the requested documents. Plaintiff is entitled to the recovery of its attorney fees and costsassociated with having to file this Motion pursuant to Rule 1.380(a)(4). Page 3 of 4WHEREFORE, Plaintiff, Christopher Salameh, respectfully requests that the Court enteran order compelling the immediate production of the documents requested in Plaintiff's Third andFourth Request for Production, for attorney fees and costs associated with bringing this Motion,and for any other and further relief this Court deems appropriate and just. Dated this 25" day of September 2019. FORD, MILLER & WAINER, P.A. ALP. Campbell Ford P. CAMPBELL FORD, ESQUIRE Florida Bar No. 0480495 cford@fordmiller.com ALISON BLAKE, ESQUIRE Florida Bar No.: 0584967 ablake@fordmiller.com 1835 3" Street North Jacksonville Beach, Florida 32250 Telephone: (904) 390-1970 Fax: (904) 390-1975 serviceFMW@fordmiller.com Counsel for Plaintiff CERTIFICATE OF SERVICE THEREBY CERTIFY that the foregoing document is being served on September 25, 2019via an automatic email generated by the Florida Court E-Filing Portal to: H. Leon Holbrook, III, Esquire Bethany R. Reichard, Esquire LIPPES, MATHIAS, WEXLER, FRIEDMAN LLP One Independent Drive, Suite 2301 Jacksonville, Florida 32202 hholbrook i eS.cOomM breichard@liy eS.COM rbrown@lippes.com Ipasquell: li eS.cOm Counsel for Defendant /L/P. Campbell Ford Page 4 of 4Filing # 94257884 E-Filed 08/15/2019 04:59:19 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO: 2019-CA-2370 DIVISION: CV-H CHRISTOPHER SALAMEH, an individual, Plaintiff, Vv. WE INSURE GROUP, INC., a Florida Corporation, Defendant. / PLAINTIFF’S THIRD REQUEST TO PRODUCE DOCUMENTS TO DEFENDANT Plaintiff, CHRISTOPHER SALAMEH, by and through his undersigned counsel, pursuant to Fla. R. Civ. P. 1.280 and 1.350, hereby requests the following documents and things be produced by Defendant, WE INSURE GROUP, INC, for inspection and copying by Plaintiff, at the offices of Ford, Miller, & Wainer, P.A., 1835 Third Street North, Jacksonville Beach, Florida 32250, within thirty (30) days of service in accordance with the applicable Florida Rules of Civil Procedure. Prior to incurring costs in excess of $100, please contact the undersigned in accordance with Fla. R. Civ. P. 1.280(b)(3) and the comments thereto to discuss the scope and cost of production. INSTRUCTIONS AND DEFINITIONS A. For the purpose of this Request for Production, you are instructed to produce not only the documents in your possession but of those in your agents or attorneys, and documents that are within your custody or control or are reasonably available. If you are only able to produce part of the documents requested in this Request for Production, state the reason why you are unable to produce the entire requested document. In the event you wish to assert "attorney/client privilege tt > ‘work product doctrine" or any other privileges to any documents requested herein, provide the legal and factual basis for such privilege or work product objection, and produce any and all documents that are not being objected. Also, indicate for each document listed on the privilege log the nature of the privilege claimed and the content of the document with sufficient clarity to support the claim of privilege. Page 1 of 6 EXHIBIT "A"B. "Plaintiff" shall mean and refer to the Plaintiff, CHRISTOPHER SALAMEH, in the above- styled cause of action, and include all of its employees, agents, attorneys, or representatives. C. "You" and "Yours" shall mean and refer to the Defendant, WE INSURE GROUP, INC., in the above-styled cause of action, and include all of its agents, attorneys, or representatives, including but not limited to Philip Vasali. WE Insure Group, Inc. shall also include any other names by which the company has been known, including but not limited to WE Insure, Inc. D. "Defendant" shall mean WE INSURE GROUP, INC., in the above-styled cause of action, and include all of its agents, attorneys, or representatives, including but not limited to Philip Vasali. WE Insure Group, Inc. shall also include any other names by which the company has been known, including but not limited to WE Insure, Inc. E. The word "Document" shall mean any writing, recording, or photograph in your actual or constructive possession, custody, care or control (including documents which may be stored on electronic media such as floppy disks, hard drives, CD-ROMs or other media storage devices), 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, e-mails, memoranda, notes, messages, diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes or tape recordings. As to any data stored in electronic form, the person or entity responding to the request should furnish the information in native form. "Information items" as used here encompass individual documents and records (including associated metadata) whether on paper or film, as discrete "files" stored electronically, optically or magnetically or as a record within a database, archive or container file. The term should be read broadly to include e-mail, messaging, word processed documents, digital presentations and spreadsheets. G. Responsive electronically stored information (ESI) shall be produced in its native form, that is, in the form in which the information was customarily created, used and stored by the native application employed by the producing party in the ordinary course of business.H. Parties shall respond to each request for production by listing the Bates identifiers/ranges of responsive documents produced, and where an information item responsive to these discovery requests has been withheld or redacted on a claim that it is privileged, the producing party shall furnish a privilege log.I "Person" or "Entity", unless otherwise specified, means a natural person, firm, partnership, trust, estate, association, corporation, proprietorship, governmental body, governmental agency or commission or any other organization or entity.J. "Relate to" or "Relating To" shall be construed to include "refer to", "summarizes", "constitutes", "contains", "studies", "analyzes", "considers", "explains", "mentions", "shows", "discusses", "describes", "regarding", or "comments upon" and vice versa as it relates to said terms or phrases. When names are requested, names shall include the full name, together with the current address for such person. Page 2 of 6L. When addresses are requested, the address shall be the complete and current.M. Matters of Privilege. In the event you wish to assert "attorney/client privilege Won, > ‘work product doctrine" or any other privileges to any documents or communications requested by any of the following Interrogatories, then as to each document or communication subject to such assertion, you are requested to provide an identification of such document or communication with sufficient identification to include: the nature of the document or communication, the instigator or sender of said communication or document, the recipient or all of the parties involved in the production of said document or communication, the date, the name of each person to whom the original of said document was sent or may have been present at the time of said communication, a brief summary of the document or communication or its subject matter with sufficient detail to permit the Court to reach a determination in the event a Motion to Compel is required, and an indication of the basis for the assertion for said privilegeN. “Complaint” means the last filed Complaint by Plaintiff in this matter. “Salameh” shall mean and refer to Christopher Salameh.P. “Salameh’s agency” shall mean and refer to The Salameh Group LLC d/b/a WE Insure. “WE Insure Group, Inc.” shall also refer to any other names by which the company has been known, including but not limited to WE Insure, Inc.R. “Override payments” shall mean and refer to the payments/credits made by WE Insure Group, Inc. to Salameh and/or Salameh’s agency identified as “Orlando Territory” on the Agency Statements. REQUESTS FOR PRODUCTION All and any notices of default or demands to cure provided to Christopher Salameh that were sent in accordance with or pursuant to the standard territory management agreement. All and any written notice(s) of termination to Christopher Salameh from We Insure Group, Inc. or We Insure, Inc. All and any written communications, including but not limited to emails and texts, between Phil Vasali and Dominic Raices related to the payment or non-payment of the Orlando overrides to Christopher Salameh or his agency. All and any internal written communications, including but not limited to emails and texts, related to the payment or non-payment of the Orlando overrides to Christopher Salameh or his agency. Page 3 of 6All and any written communications, including but not limited to emails, texts, notes and memorandum with Lauren Franco related to the payment or non-payment of the Orlando overrides to Christopher Salameh or his agency. All and any internal notes or memorandums related to the payment or non-payment of the Orlando overrides to Christopher Salameh or his agency. All and any emails sent by Christopher Salameh to anyone at We Insure Group, Inc. or We Insure, Inc. from January 1, 2016 through April 30, 2019. All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Phil Vasali and Christopher Salameh from January 1, 2016 through April 30, 2019. All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Dominic Raices and Christopher Salameh from January 1, 2016 through April 30, 2019.10 All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Lauren Franco and Christopher Salameh from January 1, 2016 through April 30, 2019.11 All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Corey Reigner and Christopher Salameh from January 1, 2016 through April 30, 2019.12 All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Maria Aquino-Maghak and Christopher Salameh from January 1, 2016 through April 30, 2019.13. All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Jay Lerner and Christopher Salameh from January 1, 2016 through April 30, 2019.14 All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Jay Wolfberg and Christopher Salameh from January 1, 2016 through April 30, 2019.15, All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Charles “Chuck” Bond and Christopher Salameh from January 1, 2016 through April 30, 2019. Page 4 of 616. All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Gary Hallock and Christopher Salameh from January 1, 2016 through April 30, 2019.17 All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Richard Hassad and Christopher Salameh from January 1, 2016 through April 30, 2019.18 All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between Frank Lindine and Christopher Salameh from January 1, 2016 through April 30, 2019.19 All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between any other Territory Manager and Christopher Salameh from January 1, 2016 through April 30, 2019.20 All and any written communications, including but not limited to emails, texts, letters, and facsimiles, between anyone else at We Insure Group, Inc. or We Insure, Inc. and Christopher Salameh between January 1, 2016 through April 30, 2019.21. A copy of the Territory Manager Agreement with Maria Aquino — Maghak.22. A copy of the Territory Manager Agreement with Charles “Chuck” Bond.23. A copy of the Territory Manager Agreement with Gary Hallock.24. A copy of the Territory Manager Agreement with Richard Hassad.25. A copy of the Territory Manager Agreement with Jay Lerner.26. A copy of the Territory Manager Agreement with Jay Wolfberg.27. A copy of the Territory Manager Agreement with Frank Lindine.28. A copy of the Territory Manager Agreement with any other territory manager dated between January 1, 2016 through April 19, 2019. Page 5 of 6CERTIFICATE OF SERVICE THEREBY CERTIFY that the foregoing document is being served on August 15, 2019 viaan automatic email generated by the Florida Court E-Filing Portal to: H. Leon Holbrook, II, Esquire LIPPES, MATHIAS, WEXLER, FRIEDMAN LLP One Independent Drive, Suite 2301 Jacksonville, Florida 32202 hholbrook i eS.com rbrown( it es.com Counsel for Defendant FORD, MILLER & WAINER, P.A. 4s/P. Campbell Ford P. CAMPBELL FORD, ESQUIRE Florida Bar No.: 0480495 ALISON BLAKE, ESQUIRE Florida Bar No.: 0584967 1835 N. Third Street Jacksonville Beach, Florida 32250 904-390-1970 904-390-1975 (fax) cford@fordmiller.com, ablake@fordmiller.com serviceFMW@fordmiller.com Counsel for Plaintiff Page 6 of 6Filing # 94318608 E-Filed 08/16/2019 03:52:20 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO: 2019-CA-2370 DIVISION: CV-H CHRISTOPHER SALAMEH, an individual, Plaintiff, Vv. WE INSURE GROUP, INC., a Florida Corporation, Defendant. / PLAINTIFF’S FOURTH REQUEST TO PRODUCE DOCUMENTS TO DEFENDANT Plaintiff, CHRISTOPHER SALAMEH, by and through his undersigned counsel, pursuant to Fla. R. Civ. P. 1.280 and 1.350, hereby requests the following documents and things be produced by Defendant, WE INSURE GROUP, INC, for inspection and copying by Plaintiff, at the offices of Ford, Miller, & Wainer, P.A., 1835 Third Street North, Jacksonville Beach, Florida 32250, within thirty (30) days of service in accordance with the applicable Florida Rules of Civil Procedure. Prior to incurring costs in excess of $100, please contact the undersigned in accordance with Fla. R. Civ. P. 1.280(b)(3) and the comments thereto to discuss the scope and cost of production. INSTRUCTIONS AND DEFINITIONS A. For the purpose of this Request for Production, you are instructed to produce not only the documents in your possession but of those in your agents or attorneys, and documents that are within your custody or control or are reasonably available. If you are only able to produce part of the documents requested in this Request for Production, state the reason why you are unable to produce the entire requested document. In the event you wish to assert "attorney/client privilege tt > ‘work product doctrine" or any other privileges to any documents requested herein, provide the legal and factual basis for such privilege or work product objection, and produce any and all documents that are not being objected. Also, indicate for each document listed on the privilege log the nature of the privilege claimed and the content of the document with sufficient clarity to support the claim of privilege. Page 1 of 5 EXHIBIT "B"B. "Plaintiff" shall mean and refer to the Plaintiff, CHRISTOPHER SALAMEH, in the above- styled cause of action, and include all of its employees, agents, attorneys, or representatives. C. "You" and "Yours" shall mean and refer to the Defendant, WE INSURE GROUP, INC., in the above-styled cause of action, and include all of its agents, attorneys, or representatives, including but not limited to Philip Vasali. WE Insure Group, Inc. shall also include any other names by which the company has been known, including but not limited to WE Insure, Inc. D. "Defendant" shall mean WE INSURE GROUP, INC., in the above-styled cause of action, and include all of its agents, attorneys, or representatives, including but not limited to Philip Vasali. WE Insure Group, Inc. shall also include any other names by which the company has been known, including but not limited to WE Insure, Inc. E. The word "Document" shall mean any writing, recording, or photograph in your actual or constructive possession, custody, care or control (including documents which may be stored on electronic media such as floppy disks, hard drives, CD-ROMs or other media storage devices), 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, e-mails, memoranda, notes, messages, diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes or tape recordings. As to any data stored in electronic form, the person or entity responding to the request should furnish the information in native form. "Information items" as used here encompass individual documents and records (including associated metadata) whether on paper or film, as discrete "files" stored electronically, optically or magnetically or as a record within a database, archive or container file. The term should be read broadly to include e-mail, messaging, word processed documents, digital presentations and spreadsheets. G. Responsive electronically stored information (ESI) shall be produced in its native form, that is, in the form in which the information was customarily created, used and stored by the native application employed by the producing party in the ordinary course of business.H. Parties shall respond to each request for production by listing the Bates identifiers/ranges of responsive documents produced, and where an information item responsive to these discovery requests has been withheld or redacted on a claim that it is privileged, the producing party shall furnish a privilege log.I "Person" or "Entity", unless otherwise specified, means a natural person, firm, partnership, trust, estate, association, corporation, proprietorship, governmental body, governmental agency or commission or any other organization or entity.J. "Relate to" or "Relating To" shall be construed to include "refer to", "summarizes", "constitutes", "contains", "studies", "analyzes", "considers", "explains", "mentions", "shows", "discusses", "describes", "regarding", or "comments upon" and vice versa as it relates to said terms or phrases. When names are requested, names shall include the full name, together with the current address for such person. Page 2 of 5L. When addresses are requested, the address shall be the complete and current. M. Matters of Privilege. In the event you wish to assert "attorney/client privilege Won, > work product doctrine" or any other privileges to any documents or communications requested by any of the following Interrogatories, then as to each document or communication subject to such assertion, you are requested to provide an identification of such document or communication with sufficient identification to include: the nature of the document or communication, the instigator or sender of said communication or document, the recipient or all of the parties involved in the production of said document or communication, the date, the name of each person to whom the original of said document was sent or may have been present at the time of said communication, a brief summary of the document or communication or its subject matter with sufficient detail to permit the Court to reach a determination in the event a Motion to Compel is required, and an indication of the basis for the assertion for said privilege N. “Complaint” means the last filed Complaint by Plaintiff in this matter. “Salameh” shall mean and refer to Christopher Salameh. P. “Salameh’s agency” shall mean and refer to The Salameh Group LLC d/b/a WE Insure. “WE Insure Group, Inc.” shall also refer to any other names by which the company has been known, including but not limited to WE Insure, Inc. R. “Override payments” shall mean and refer to the payments/credits made by WE Insure Group, Inc. to Salameh and/or Salameh’s agency identified as “Orlando Territory” on the Agency Statements. REQUESTS FOR PRODUCTION 1 All and any response(s) to the email attached hereto as Exhibit “A”. 2. All and any notes for receivables purchased by Christopher Salameh and/or hisagency, including those related to offices 67, 72, and 108, as reflected on Exhibit “B”. 3 All and any documents related to the debt owed that resulted in monies being paidto Christopher Salameh and/or his agency for Note Payments, including but not limited to thosepaid for “67, 72, 108” as reflected on Exhibit “B”. 4. All and any expense reports or expense vouchers related to Christopher Salamehand/or his agency from January 1, 2016 through April 30, 2019. 5 All and any requests for reimbursem*nts for expenses related to or for ChristopherSalameh and/or his agency from January 1, 2016 through April 30, 2019. Page 3 of 56 All and any documents, including but not limited to internal communications anddocuments, related to seeking approval and/or the approval of any expenses sought forreimbursem*nt by Christopher Salameh and/or his agency from January 1, 2016 through April 30,2019. 7 All and any emails from January 1, 2016 through December 31, 2016 related to thescheduling of any meetings between Christopher Salameh and any Territory Manager(s). 8 A copy of the form, as testified by Phil Visali, individually, used by the HumanResource Department (“HR”) when someone’s pay or title changes. 9 All and any forms requested in #8 above related to or completed on behalf ofChristopher Salameh. 10. All and any internal documents, including emails, texts, memos and notes, relatedto any reimbursem*nt sought by Christopher Salameh or his agency for expenses incurred fromJanuary 1, 2016 through April 30, 2019. ll. All and any documents or records from the HR Department reflecting any changesin Christopher Salameh’s employment, including but not limited to any titles held by him and/orany changes in pay. 12. The entire employment file for Christopher Salameh. 13. The entire franchisee file for Christopher Salameh and/or his agency. 13. All and any forms or other documents where Christopher Salameh signed off on oraffirmed his duties and responsibilities. 14. All and any documents where Christopher Salameh signed off or affirmed his roleas a territory manager for the Orlando territory from January 1, 2016 through April 30, 2019 15. All and any emails where Christopher Salameh signed off or affirmed his dutiesand responsibilities, as testified by Phil Visali, individually. 16. A copy of the Territory Manager Agreement for Frank Lindine. 17. If not already produced with the Territory Manager Agreements previouslyrequested, all and any stipulations to any Territory Manager Agreement from January 1, 2016through April 19, 2019. 18. All and any documents, including but not limited to purchase/sale agreements andclosing documents, related to or otherwise reflecting the sale of any territory by Phil Visali, astestified by Phil Visali, individually. Page 4 of 519. All and any copies of paychecks/paystubs or any other documents reflectingpayments made to Christopher Salameh and/or his agency from January 1, 2016 through April 30,2019. CERTIFICATE OF SERVICE THEREBY CERTIFY that the foregoing document is being served on August 16, 2019 viaan automatic email generated by the Florida Court E-Filing Portal to: H. Leon Holbrook, II, Esquire LIPPES, MATHIAS, WEXLER, FRIEDMAN LLP One Independent Drive, Suite 2301 Jacksonville, Florida 32202 hholbrook li eS.com rbrown( it eS.com Counsel for Defendant FORD, MILLER & WAINER, P.A. 4/P. Campbell Ford P. CAMPBELL FORD, ESQUIRE Florida Bar No.: 0480495 ALISON BLAKE, ESQUIRE Florida Bar No.: 0584967 1835 N. Third Street Jacksonville Beach, Florida 32250 904-390-1970 904-390-1975 (fax) cford@fordmiller.com, ablake@fordmiller.com serviceFMW@fordmiller.com Counsel for Plaintiff Page 5 of 5é re | - lake From: Chris Salameh Sent: Thursday, December 29, 2016 2:34 PM To: Philip Visali Ce; Chris Salameh Subject: 2017 - CSA - PVI - MMU Good afternoon, VJust wanted to recap and get this finalized and approved. Per our discussions, please see below. etective Jan 1. 2017 - PVI— Philip Visali to receive .25% of the monthly gross commissions for all territories . (le. (f WE receive $800,000 in commissions in January, Phil receives $2000 on his next payroll) MMU — MMU to receive .25% of the corporate Territory to INCLUDE all agencies under CRP with the EXCEPTION of the Orlando territory offices below. Paid on Payroll. CSA —CSA to receive .25% of the corporate territory to INCLUDE all agencies under CRP with the EXCEPTION of the Orlando territory offices below. Paid on payroll. CSA —In exchange for the $125,000 note to CSA, CSA will receive ownership of the Orlando territory for 5 years with a 5% Override to be paid on agency statement office 102 and to include: Offices: 87 -L. Rodriguez 89—J. Hinkle 90-D. Chase 92-0. Vasquez 100 -N. Perez 112 —A. Gonzalez 113 -R. Rovira 114-4. Emling 118 -E, Wasinger 119 - H. Pecunia Counties: Volusia Lake Seminole Orange Polk Osceola CSA is NOT to receive any additional incentives for franchises sold within the owned Territory above the corp franchise incentive. After5 years, CSA-PVI to discuss option to renew at a reduced rate of 2% with territory ownership transferred back to We Insure Group. Corporate Sales Team Incentive (Daniel Tabak, Jenna Carlill, Jub Dakuginow) 2 Asa team They are required to write $105,000 in premium monthly 1BIT Us sah a Ghali EXHIBIT "A"pha * Upon accomplishing $105,000 in premium for PVI new business, a 5% commission will be paid out according to each members written premium.Can we get confirmation once everything has been coded properly and in place so | can announce MMU and CSA asCorporate Tm's, announce the corporate sales team incentive etc.Thank you!vs of SalesOffice (904) 288-8976 x4160Fax: (877) 430-2768:Chris.salameh@weinsuregroup.com We INSURE" iadtidersiatnn Waning This camad contans mlormation intended ofly fev the use of the diticrdnalar eau an above Hil teander ab thisIntended recipient of the enipla.ce nt responsible tor deliver ye to the intended reap My ahissemi publee on o1 geapy ing af th sat de ttett the ad is siiigtlypisbibited, [he sender does mot accept amy tespamnstbilers Yon an loss, diveuption at dam: APU Noxte ett 1, ruvan dr transmitted with 4 sel Hf you have nocned iso or Serr data oF ve wa at a contained ettur plese mandi oly monet us by return cma Pam Peet a Cea"; “aS Agency Statement We Insure Group, Inc. 3020 Hartley Road Ste. 300 WZ Jacksonville, FL 32257 Office Number 102 Statement Date Agency Name The Salameh Group, LLC 4/14/2017 a $13,255.42 Total $13,255.42 NEG fess WE CMS §(136.69) Additional Producer Fee §(75.00) WE IT Support $(295.63) SIF $(147.59) Prorata Share Errors & Ommissions $(207.61) Applied Rater $(80.63) National Advertising Fund $(397.66) Total Fees $(-2,340.81) a Rass Fee Travelers Comm. Paid to Salameh Ins. Grou; $[10.24) Fee Cordone University ${149.00) Credit Note Payments - 67, 72, 108 $1,644.39, Fee Epic Commission Checks (2 of 5) $(268,56) Credit NEFL Territory $354.50) Credit Orlando Territory $3,458.57 Total Fees $5,029.66 Gees, [BristolWest_Foremost $(0.90)1|Mercury $(137,78) Shared MVR Fees $(58.06) Total Fees ${-196.74) Direct Deposit $16,747.53 EXHIBIT "B"Filing # 95853949 E-Filed 09/17/2019 03:58:59 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 19-CA-2370 DIVISION: CV-H CHRISTOPHER SALAMEH, an individual, Plaintiff, vs. WE INSURE GROUP, INC., a Florida Corporation, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S THIRD REQUEST TO PRODUCE DOCUMENTS TO DEFENDANT. SERVED ON AUGUST 15, 2019 The Defendant, WE INSURE GROUP, INC., by counsel, responds to the Plaintiff's Third Request to Produce Documents to Defendant and states as follows: 4 This Defendant does not have any of the records requested. 2 This Defendant is only a holding company. 3 The active corporation is We Insure, Inc., and to the extent the documents exist, they are in the custody and control of We Insure, Inc. LIPPES MATHJAS WEXLER FRIEDMAN H. LEON'HOLBROOK, Ill, ESQUIRE Florida Bar No. 319910 One Independent Drive, Suite 2301 Jacksonville, FL 32202 (904) 356-6311 (telephone) (904) 356-7330 (Facsimile) hholbrook@lippes.com — Primary rbrown@lippes.com - Secondary Attorneys for Defendant EXHIBIT "C"CERTIFICATE OF SERVICE | HEREBY CERTIFY that, pursuant to Rule 2.516, Fla.R.Jud.Admin., a true andcorrect copy of the foregoing has been electronically filed via the Florida E-Filing Portal,which will cause an electronic copy to be delivered to P. Campbell Ford, Esquire, on this (— | 7 day of September, 2019. ATTORNEYFiling # 95853949 E-Filed 09/17/2019 03:58:59 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, INAND FOR DUVAL COUNTY, FLORIDA CASE NO.: 19-CA-2370 DIVISION: CV-H CHRISTOPHER SALAMEH, an individual, Plaintiff, vs. WE INSURE GROUP, INC., a Florida Corporation, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF'S FOURTH REQUEST TO PRODUCE DOCUMENTS TO DEFENDANT SERVED ON AUGUST 16, 2019 The Defendant, WE INSURE GROUP, INC., by counsel, responds to the Plaintiffs Fourth Request to Produce Documents to Defendant and states as follows: 4 This Defendant does not have any of the records requested. 2 This Defendant is only a holding company. 3 The active corporation is We Insure, Inc., and to the extent the documents exist, they are in the custody and control of We Insure, Inc. LIPPES MATHIAS WEXLER FRIEDMAN } 

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