Filing # 141392497 E-Filed 01/05/2022 12:48:13 PM

IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION

CASE NO.: 2021-018465-CA-01

KEY BISCAYNE COMMUNITY

FOUNDATION, INC., a Florida not-for-
profit corporation,

Plaintiff,

v.

TONY CAMPAIGNE, individually,

Defendant.
/

PLAINTIFF KEY BISCAYNE COMMUNITY FOUNDATION, INC.’S

FIRST REQUEST FOR PRODUCTION TO DEFENDANT TONY CAMPAIGNE

Pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, Plaintiff KEY

BISCAYNE COMMUNITY FOUNDATION, INC. requests Defendant TONY CAMPAIGNE to

produce for inspection and duplication, in response to each numbered paragraph, all documents

specified herein (the “Request(s)”). Defendant shall produce the documents within thirty (30)

days of service of these Requests at the office of the undersigned, or at a mutually agreeable time

and location, as required by the Florida Rules of Civil Procedure.

Each of the following Requests is continuing in nature. Accordingly, under Rule 1.350,

if after producing any documents Defendant, or anyone on his behalf, obtains or becomes aware

of additional information or documents pertaining to any Request, Defendant must provide such

information or documents by supplementing his responses and producing the documents to

Plaintiff. Defendant must serve any supplemental responses and produce newly obtained or

discovered documents upon Plaintiff within thirty (30) days after Defendant becomes aware of

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such information or documents, but no later than one (1) week prior to the date of any trial or

hearing in this action.

DEFINITIONS

A. “You,” “Your,” “Defendant,” or “Campaigne” means Defendant Tony

Campaigne individually and includes any and all of his current or former agents, representatives,

employees, business partners and any entity which is owned or controlled by him, directly or

indirectly, and any person or entity acting on his behalf.

B. “Plaintiff,” the “Foundation,” or “KBCF” means Plaintiff Key Biscayne

Community Foundation, Inc. and includes all of its current and former members, managers,

officers, directors, board members, committee members, shareholders, directors, employees,

principals, agents, staff members, consultants, representatives (including without limitation,

attorneys, attorneys-in-fact, and accountants and their respective agents and employees),

divisions, departments, parents, subsidiaries, predecessors, successors, assigns, affiliates, related

entities, and any person or entity acting on its behalf.

C. “Third Party” or “Third Parties” means any individuals or entities that are not a

party to this action, including but not limited to Nancy Campaigne, Betty Sime Conroy, Jennifer

Allegra, Mayra Lindsay, Louisa Conway, Gustavo Tellez, Rosa Gomez, and Ignacio Segurola.

D. “Village” or the “town” means the Village of Key Biscayne, Florida and/or any of

its departments, branches, divisions, subdivisions, elected officials, commissioners, department

heads, managers, employees, and staff members.

E. “Welcome to the Party? Advertisement” means the advertisement titled “Pepe’s

Perch. Welcome to the Party,” a copy of which is attached as Exhibit A to the Amended

Complaint.

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F. “What’s Fair is Fair Advertisement” means the advertisement titled “Pepe’s

Perch. What’s Fair is Fair,” a copy of which is attached as Exhibit B to the Amended Complaint.

G. “Advertisements” refers collectively to the “Welcome to the Party?”

Advertisement and the “What’s Fair is Fair” Advertisement.

H. “July 23, 2021 Correspondence” means the e-mail dated July 23, 2021 sent by

You via the e-mail address of [email protected], a copy of which is attached as Exhibit C

to the Amended Complaint.

I. “Document(s)” means any writing, correspondence or record of any type or

description known to you or your attorneys, and all other documentary material, including any

non-identical copy (whether different from the original because of any alterations, modifications,

changes, amendments, notes, comments, or other material contained thereon or attached thereto

or enclosures therein or otherwise), whether it is a draft or final version, in the custody,

possession, or control of you or your officers, employees or agents, or known to you to exist.

The term “Document(s)” includes every form of recording, including without limitation, any

form of communication or representation upon any tangible thing, including letters, electronic

mail, e-mail, correspondence, memorandum, words, pictures, sounds, or symbols, or

combinations thereof, whether recorded by handwriting, printing photostatic, or by photographic

means, magnetic impulse, tape, computer disk, and/or any other form of data storage, data

compilation, or mechanical or electronic recording, and all other “documents” or “things” within

the meaning of Rule 1.350 of the Florida Rules of Civil Procedure. Every draft or non-identical

copy of a “Document” is a separate “Document” as used herein. “Document” also includes

electronically stored information (“ESI”) contained by a data processing card or tape, a floppy

disk, a hard disk, solid state storage (SSD) device, computer or Smartphone internal memory,

flash memory device, SIM card, compact disk, DVD, Secure Digital (SD) device, or any other
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electronic, computerized, mechanized, or other information or media storage, retrieval or

transmission system or device, including e-mail and voicemail, that can upon request generate,

regenerate, or transmit the precise data contained therein, and “Document” also includes the

visible data or other information so generated, regenerated, or transmitted if it is legible or can be

made legible by enlargement or other process. Further, “Document” includes Electronic Data

(as defined herein).

J. “Electronic Data” means any original and any non-identical copies (whether non-

identical because of notes made on copies or attached comments, annotations, marks,

transmission notations, or highlighting of any kind), of mechanical, facsimile, electronic,

magnetic, digital or other programs (whether private, commercial, or work-in-progress),

programming notes or instructions, activity listing of electronic mail receipts or transmittals,

output resulting from the use of any software program, including word processing documents,

spreadsheets, worksheets, database files, charts, graphs and outlines, electronic mail,

operating systems, source code of all types, programming languages, linkers and compilers,

peripheral devices, external drives, PDF files, PRF files, PST files, batch files, ASCII files,

code keys, pull down tables, logs, file layouts or any miscellaneous files or file fragments,

regardless of the Electronic Media on which they reside and regardless of whether said

Electronic Data consists of an active file, backup file, deleted file or file fragment.

“Electronic Data” also includes, without limitation, any items stored on Electronic Media

(as defined herein) in files, folder tabs, or containers and labels appended to or associated with

any physical storage device associated with each original and each copy.

K. “Electronic Media” means any disk used to record Electronic Data, including hard

disks, “floppy disks,” hard drives, memory sticks, flash drives, removable media such as

Bernoulli Boxes and their equivalent, microfiche, punched cards, punched tape, and computer
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chips, including, but not limited to, EPROM, PROM, RAM and ROM or any other vehicle for

digital data storage and/or transmittal. ESI that is (i) used primarily for backup or disaster

recovery purposes; or (ii) stored on any computers servers, external hard drives, or other media

created for disaster recovery purposes (collectively, “Backup ESI”), need not be produced.

L. The term “Communication(s)” or “Correspondence” shall mean any conversation,

discussion, statement (written or oral), letter, memorandum, note, email, text, voice mail,

agreement, colloquialism, expression of any kind, or other transfer of information,

whether written, oral, electronic, or by any other means, and includes any Document or other

medium which abstracts, digests, records, or transcribes any such communication, or any

subsequent review or discussion of such communications, whether occurring at meetings or

otherwise.

M. The term “person” means any natural person, individual, proprietorship,

partnership, corporation, limited liability company, association, organization, joint venture, firm,

other business enterprise, governmental body, group of natural persons, or other entity.

N. “Discuss,” “refer to,” “relate to,” “relating to,” “regarding,” “concerning,”

“concern,” “pertaining to,” “evidence,” or any derivatives thereof are defined to encompass that

which constitutes, describes, evidences, contains, discusses, discloses, confirms, supports,

identifies, lists, substantiates, consist of, establishes, comprises, embodies, reflects, identifies,

states, deals with or is in any way pertinent to or legally or logically connected with the given

subject matter, and include those documents now or previously attached or appended,

underlying, supporting, or used in the preparation of any document responsive to each request.

O. Except where otherwise indicated or implied herein, the “Relevant Time Period”

for these requests shall be from January 1, 2020 up to and through the date of your response to

this First Request for Production.

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P. Any word that is not defined herein has its usual and customary meaning.

INSTRUCTIONS

A. In responding to these Requests, you are to produce all Documents that are in

your possession, custody, or control, or that are in the possession, custody, or control of any of

your representatives, agents, predecessors-in-interest, successors, subsidiaries, parents, experts,

attorneys, or persons consulted concerning any matters relating to the facts or issues involved in

this case.

B. Each Request which seeks information relating in any way to communications to,

from, or within a business and/or corporate entity, is hereby designated to demand and should be

construed to include any and all communications by and between representatives, employees,

agents, brokers and or servants of the business and/or corporate entity.

C. Each Request should be responded to separately. However, a Document which

responds to more than one request may, if the relevant portion is marked or indexed, be produced

and referred to in a later response.

D. Each Request to produce shall be deemed to call for the production of the original

Document and other items to the extent they are in or subject to, directly or indirectly, the control

of the party to whom this request is addressed. In addition, each Request should be considered

as including a Request for separate production of all copies, and to the extent applicable,

preliminary drafts and non-identical copies of Document and other items that differ in any

respect from the original or final draft or from each other (e.g., by reason of differences in form

or content or by reason of handwritten notes or comments having been added to one copy of a

Document but not the original or other copies thereof).

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E. All Documents and other items produced in response to these Requests shall be

produced in their original format notwithstanding the fact that portions thereof may contain

information not requested.

F. Unless otherwise specified, when construing the scope of these Requests,

the terms shall be given their most expansive and inclusive interpretations, including, but not

limited to:

a. Construing the words “and” and “or” in the conjunctive or

disjunctive as necessary to make the Request more
inclusive;

b. Construing the words “any” and “all” to mean “any and all”
as necessary to make the Request more inclusive;

c. Construing the past or present tenses of a verb to mean the

present or past tenses of the verb, respectively, as necessary
to make the Request more inclusive;

d. Construing the singular forms of the word, respectively, as

necessary to make the Request more inclusive; and

e. Construing masculine or feminine pronouns to mean

feminine or masculine pronouns, respectively, as necessary
to make the Request more inclusive.

G. All Documents and other items produced shall be segregated and identified by the

numbered Requests to which they are primarily responsive. Where required by a particular

paragraph or sub-request in these Requests, Documents and other items produced shall be further

segregated and as indicated in this paragraph or sub-request. For any Documents and other items

that are stored or maintained in files in the normal course of business, such Documents and other

items shall be produced in such files, or in such a manner as to preserve and identify the file from

which the Documents and other items were taken.

H. In producing the Documents and writings herein, please produce them in their

original file folders, if any, or in lieu thereof, attach to the set of Documents produced from a
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given file a photographic or electrostatic duplicate of all written or printed material on the

original file folder. In addition, the Documents shall be produced in the same sequences as they

are contained or found in the original file folder. The integrity and internal sequence of the

requested Documents within each folder shall not be disturbed. Under no circumstances shall

Documents from any file folder be commingled with Documents from any other file folder.

I. If an objection is made to any of these Requests, or if all Documents responsive to

a Request are not produced, state the specific grounds for the objection and produce all other

Documents responsive to the part of the Request to which there is no objection.

J. If an objection to answer a Request is stated on the grounds of burdensomeness,

identify the number and nature of Documents and other items needed to be searched, the location

of the Documents and other items, and the number of hours and costs required to conduct the

search.

K. If a Request calls for the production of a Document as to which you claim any

privilege or any other ground for withholding or otherwise failing to produce such Document,

the party to whom this request is addressed shall make the claim expressly and provide, at the

time at which the other Documents are produced, a log which sets forth, separately for each

Document not produced:

a. The type of privilege asserted;

b. The date on which the document was created;

c. The person(s) from whom the document originated;

d. The person(s) to whom the document was directed; and

e. A description of the nature of the document sufficient to

enable the other party and the Court to assess the
applicability of the privilege asserted.

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L. If any Document, or any part of, or attachment to, a Document, called for in any

request has been destroyed, discarded, lost or otherwise disposed of, or placed beyond your

possession, custody, or control, please provide a list setting forth for each such document:

a. The date on which the documents was created;

b. A description of the document;

c. The person(s) from whom the document originated;

d. The person(s) from whom the document was directed;

e. All other persons who saw the document;

f. Why the document is no longer in your possession,

custody, or control; and

g. If the document was destroyed, whether the destruction was

inadvertent or intentional, and, if the destruction was
intentional, whether the destruction was part of a company
policy relating to the destruction of documents.

M. All ESI (as defined herein) shall be produced in the form of single-page,

Group IV TIFFs at 300 dpi. Each TIFF image should be named as its corresponding Bates

number. Original document orientation should be maintained (i.e., portrait to portrait and

landscape to landscape). Bates numbers, confidentiality designations, and redactions should be

burned into the TIFF image files. TIFF image files should be provided in a self-identified

“Images” folder. Where reasonably possible, documents should be logically unitized. E-mails

shall include the custodian’s original folder structure with all attachments. When converting

ESI to TIFF from the electronic format of the application in which the ESI is normally created,

viewed and/or modified, metadata values should be extracted and produced in a load file.

Thus, TIFF files should be produced in single-page format along with image load files that

include its respective native file link that will enable each document to be uploaded and viewed

using a Concordance Compatible Review Platform.

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DOCUMENTS TO BE PRODUCED

In accordance with the Definitions and Instructions set forth above, please produce the

following documents for the Relevant Time Period (as defined herein):

1. Any and all Documents and Communications exchanged between You and
KBCF.

2. Any and all Documents and Communications relating to the KBCF, including but
not limited to the services it provided the Village, any programming or services relating to
Liberty City, or the retirement party of retiring Police Chief, Charles Press.

3. Any and all Documents and Communications exchanged between or among You
and a Third Party relating to KBCF, including but not limited to (a) the services KBCF provided
the Village, (b) any programming or services relating to Liberty City, (c) the retirement party of
retiring Police Chief, Charles Press, (d) Your advertisements, “Welcome to the Party?” and
“What’s Fair is Fair” or (e) Your July 23, 2021 Correspondence.

4. Any and all Documents and Communications evidencing, supporting, or relating

to Your statements in the “Welcome to the Party?” Advertisement that “the party was thrown by
the Village and the Foundation and they did not even ask the people who came for a donation or
admittance fee. So, I guess the village will wind up paying for it, sticking the village taxpayer
with the bill. I hear the foundation was in charge of sending out the invitations.”

5. Any and all Documents and Communications evidencing, supporting, or relating

to Your statement in the “Welcome to the Party?” Advertisement that “I bet they charged off
their expense to their program of ‘giving prepared meals to needy seniors,’ so that they could
justify not spending Foundation money. After all, the town pays all Foundation bills without
questioning them.”

6. Any and all Documents and Communications evidencing, supporting, or relating

to Your statement in the “What’s Fair is Fair” Advertisement that “Providing benefits for people
in Liberty City Tony, is this a service that should be paid by Key taxpayers? Or should it have
been paid from other KBCF monies that they raise privately? They raise a lot of money!”

7. Any and all Documents and Communications evidencing, supporting, or relating

to Your statement in the “What’s Fair is Fair” Advertisement that “KBCF billed the town over
$700,000 for its Covid testing project” and that “I have it on authority that everything I am
saying is true. We double source everything.”

8. Any and all Documents and Communications relating to the work product that
generated the ten questions listed under “Questions asked of our Town Leaders” in the What’s
Fair is Fair Advertisement.

9. Any and all Documents and Communications identifying or relating to the

“double source[s]” referenced in the “What’s Fair is Fair” Advertisement.
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10. Any and all Documents and Communications evidencing, supporting, or relating
to Your statements in the Advertisements and the July 23, 2021 Correspondence.

11. Any and all Documents and Communications evidencing, supporting, or relating
to the statements in Your e-mail, dated July 10, 2021, to Melissa White in which You state: “I do
know a lot about philanthropy as I have run a 501c3 organization designed to help feed the
hungry in Africa and have set up poverty lending banks to help mostly women entrepreneurs set
up businesses in Africa. And I did another setting up women’s OBGYN clinics in Afghanistan . .
. I have also set up a 501c4 organization so I understand the line between what a c3 can legally
do and what a c4 does. I have spent many hours with lawyers to make sure I knew the line not to
cross. In my humble opinion the KBCF has at times crossed that line, doing things I would have
found risky in fear of losing my tax-free status.”

12. Any and all Documents and Communications exchanged between You and Justo
Rey and/or the Islander News relating to KBCF or the Advertisements.

13. Any and all Documents and Communications relating to the Village’s funding of
community groups and/ or community programming.

14. Any and all Documents and Communications between You and David Winker
relating to KBCF prior to your retention of Mr. Winker as an attorney in this matter.

15. Any and all Documents and Communications with the Reagan White House
and/or the Reagan Administration relating to the Foundation to Rebuild America’s solicitations
and use of President Ronald Reagan’s name, including but not limited to any correspondence
received from White House Counsel, Fred F. Fielding or the Department of Justice.

16. Any and all Documents and Communications relating to any criminal
investigations pertaining to solicitations and/or mail fraud regarding You and/or any
organizations or entities owned or managed by You.

17. Any and all Documents and Communications supporting or relating to any
defenses or affirmative defenses You have asserted or may assert in this case.

18. Any and all Documents relating to “the Pepe the Parrot Defense fund” or
communications relating to soliciting funds for legal defense as referenced in Your July 23, 2021
Correspondence.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that undersigned counsel has electronically filed the foregoing

document with the Clerk of the Court using the Florida Courts E-Portal. Pursuant to Rule

2.516(b) of the Florida Rules of Judicial Administration, I also certify that the foregoing

document has been furnished to all counsel of record identified on the Service List below by e-

mail on January 5, 2022.

Respectfully submitted,

STEARNS WEAVER MILLER WEISSLER

ALHADEFF & SITTERSON, P.A.
150 West Flagler Street, Suite 2200
Miami, Florida 33130
Telephone: 305.789.3200
Facsimile: 305-789-3395

By: /s/ Alan H. Fein

ALAN H. FEIN
Florida Bar No. 288349
Email: [email protected]
Secondary: [email protected]
EUGENE E. STEARNS
Florida Bar No. 149335
Email: [email protected]
Secondary: [email protected]
ALEJANDRO D. RODRIGUEZ
Florida Bar No. 124493
Email: [email protected]
Secondary: [email protected]

Counsel for Plaintiff Key Biscayne Community

Foundation, Inc.
SERVICE LIST

DAVID J. WINKER, PA
David J. Winker
[email protected]
Counsel for Defendant Tony Campaigne

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