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Case 9:08-cv-80736-KAM Document 319-1 Entered on FLSD Docket 03/24/2015 Page 32 of 34 Thomas E. Scott, Jr., Esq. Re: Edwards and Cassell v. Dershowitz February 25, 2015 Page 4 WL 1328259, at *5 (S.D.N.Y. 2006) ("Courts have long construed the term ‘control’ as meaning more than simple ‘possession.’ 'Control has been construed broadly by the courts as the legal right, authority, or practical ability to obtain the materials sought upon demand."). See also Frantz v, Golebiewski, 407 So.2d 283, 285 n.4 (Fla. 3 DCA 1981) ("Interpretations of the federal rule are persuasive in considering its Florida equivalent."). While your responses purport to recognize the obligation to produce documents subject to Mr. Dershowitz’s “control”, there are qualifications in the responses that would appear to contradict that recognition. Your objection to the production of metadata has _no legal foundation. Word Play and Gamesmanship You will note that we do not include page after page of definitions. I believe that any lawyer reasonably fluent in English can carry out his or her duty to construe interrogatories and requests for production in the broad and liberal manner intended by the rules. Florida courts frown on parsing and gamesmanship. See, e.g. First Healthcare Corp. v. Hamilton, 740 So.2d 1189, 1194 (Fla. 4" DCA 1999) (chastising counsel who did not turn over "event" reports because plaintiff requested "incident" reports as engaged in "little more than a semantic shell game."). Repeated assertions that statements were made by Mr. Dershowitz “upon information and belief” is an example of prohibited “word play.” That qualification has no bearing on the Defendant’s discovery obligations. “Will Produce” The Rules of Civil Procedure require production and not just a commitment of production at some unspecified future date. If the documents you intend to produce are available for inspection and copying now as they are required to be, we are prepared to pick them up immediately. If they are not immediately available, when will they be? Timeframe Objections Your repeated attempts to restrict discovery to a narrow timeframe, fail to account for the fact that this is a defamation action arising out of broad defamatory statements made by Mr. Dershowitz impugning the honesty and integrity of the Plaintiffs without any limitations as to a specific time or circumstance. Mr. Dershowitz has also made broad public denials of misconduct unrestricted to any specific timeframe. We are entitled to HOUSE_OVERSIGHT_014115