UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISIÓN

www.flsb.uscourt.gov

In re: Case No. 19-22556-AJC

Yojandry Medina, Chapter 7

Debtor.

 /

Drew M. Dillworth, as Chapter 7 Trustee, Adv. Pro. No. 20-01131-AJC

Plaintiff,

vs.

Osmar A. Mesa,

Defendant.

 /

TRUSTEE DILLWORTH’S FIRST SET OF 

INTERROGATORIES, FIRST REQUESTS FOR PRODUCTION

AND FIRST REQUESTS FOR ADMISSION TO DEFENDANT

Plaintiff, Drew M. Dillworth, in his capacity as duly appointed, qualified and acting 

Chapter 7 Trustee (“Trustee Dillworth”) for the bankruptcy estate of Yojandry Medina (the 

“Debtor”), propounds upon Defendant, Osmar A. Mesa (“Defendant”): (1) his First Set of 

Interrogatories set forth on Schedule B, pursuant to Fed. R. Civ. P. 33, made applicable to this 

adversary proceeding by Fed. R. Bankr. P. 7033; (2) his First Requests for Production set forth on 

Schedule C, pursuant to Fed. R. Civ. P. 34, made applicable to this adversary proceeding by Fed. 

R. Bankr. P. 7034; and (3) his First Requests for Admission set forth on Schedule D, pursuant to 

Fed. R. Civ. P. 36, made applicable to this adversary proceeding by Fed. R. Bankr. P. 7036.

These discovery requests are subject to the Definitions and Instructions set forth on 

Schedule A. 

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Dated: May 18, 2020

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was 

served this 18

th day of May 2020 via ecf in pdf format immediately upon filing same with 

the United States Bankruptcy Court upon: Rex E. Russo, Esq.

Respectfully submitted, 

/s/ James B. Miller_________ 

JAMES B. MILLER

Florida Bar Number 009164

jbm@titlelllaw.com

19 West Flagler Street, Suite 416

Miami, Florida 33130

Telephone: (305) 374-0200

Facsimile: (305) 374-0250

Counsel for Trustee Dillworth

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SCHEDULE A

DEFINITIONS

A. “Trustee Dillworth” means Plaintiff, Drew M. Dillworth, the duly appointed, 

authorized, qualified, and acting Chapter 7 bankruptcy trustee of Debtor’s bankruptcy estate and 

Plaintiff in the above-styled Adversary Proceeding, his attorneys, and anyone acting on his behalf.

B. “You,” “Your” or “Defendant” means the Defendant in the above-styled adversary 

proceeding, its attorneys, and anyone acting on its behalf.

C. “Debtor” means Yojandry Medina.

D. “Adversary Proceeding” means the above-styled adversary proceeding.

E. “Complaint” means the complaint or any amended complaint of record in the 

above styled Adversary Proceeding. 

F. “Transfer” or “Transfers” means those transfers made by Debtor to You at issue 

and set forth in the Complaint. 

G. “Value” means property, or satisfaction or securing of a present or antecedent debt 

of Debtor. 

H. “Evidence,” “refer,” or “relate” means and includes supporting, showing, or being 

legally or logically connected with a matter in any way, including the document referred to.

I. “Document” is synonymous in meaning and equal in scope to the usage of this term 

as described in Fed. R. Bankr. P. 34, as adopted by Fed. R. Bankr. P. 7034. Document includes 

electronically recorded information. 

J. “Communication,” means the transmission, sending and/or receipt of information 

of any kind by and/or through any means, including without limitation, speech, writings, language, 

computer or electronics of any kind, magnetic tape, video tape, photographs, graphs, symbols, 

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signs, magnetic disks, sound radio and/or video signal, telephone, teletype, telecommunication, 

telegram, microfilm, microfiche, photographic film of any type and/or other media of any kind.

INSTRUCTIONS

A. Unless another date is specified by the terms of a particular request, the time frame 

applicable to these discovery requests is from January 2015 to present.

B. You are requested to produce all Documents within Your possession, custody or 

control, whether held by You or by Your agents.

C. A request to produce a Document includes all drafts and non-identical copies of 

such document.

D. These discovery requests are subject to the requirements set forth in Fed. R. Civ. P. 

26, made applicable to this Adversary Proceeding by Fed. R. Bankr. P. 7026.

E. The Interrogatories are subject to the requirements set forth in Fed. R. Civ. P. 33, 

made applicable to this Adversary Proceeding by Fed. R. Bankr. P. 7033.

F. The Requests for Production are subject to the requirements set forth in Fed. R. 

Civ. P. 34, made applicable to this Adversary Proceeding by Fed. R. Bankr. P. 7034.

G. The Requests for Admission are subject to the requirements set forth in Fed. R. Civ. 

P. 36, made applicable to this Adversary Proceeding by Fed. R. Bankr. P. 7036.

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SCHEDULE B

INTERROGATORIES

1. Identify each and every person answering or contributing information to the 

answers to these interrogatories and identify the particular matter to which each person responded 

or contributed.

ANSWER:

2. Identify each and every person with knowledge of the Transfer at issue in the 

Complaint.

ANSWER:

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3. For each person listed in response to Interrogatory Number 2, set forth the 

substance of the information known by that person. 

ANSWER:

4. Set forth the factual basis for any Value You claim you provided to the Debtor in 

exchange for the Transfer. 

ANSWER:

5. Set forth the factual basis for any affirmative defenses You assert or intend assert 

to the Complaint.

ANSWER:

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6. Set forth the factual basis for any denial of any allegation of the Complaint you 

deny or intend to deny.

ANSWER:

7. Identify each expert witness who will or may be called on Your behalf at a hearing 

or trial in this case. For each expert provide the name, address, area(s) of expertise, a brief summary 

of area(s), and the subject matter about which that individual is expected to testify.

ANSWER:

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VERIFICATION FOR INTERROGATORIES

BEFORE ME this day personally appeared _______________________ who, being first 

duly sworn, deposes and says that the answers to the foregoing Interrogatories are true and correct 

to the best of his/her knowledge and belief.

Osmar A. Mesa

Sworn to and subscribed before me this ___ day of ___________________, 2020.

Notary Public

State of ________ at Large

My Commission Expires:

Personally known or Produced Identification, Type of identification produced

______________________________

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SCHEDULE C

REQUESTS FOR PRODUCTION

1. Trustee Dillworth requests that Defendant produce and permit Trustee Dillworth to 

inspect and copy any and all communications and Documents, including electronically stored 

information, that evidence, refer or relate to the following: 

A. The Transfer. 

B. Any Value You claim you provided to the Debtor in exchange for the Transfer.

C. Your denial of any allegations of the Complaint. 

D. Any affirmative defenses you assert to the Complaint. 

E. Communications and Documents, you intend to introduce at trial in this Adversary 

Proceeding. 

F. Any and all closing files, correspondence, emails, loan agreements, HUD-1 and /or 

closing statements, and all distributions or disbursements made relating to the sale

of the property (on or about June 2019) located at 24631 SW 112 Court, 

Homestead, FL 33032.

G. Any and all documents, correspondence and negotiable instruments relating to the 

down payments of the purchase of the 24631 SW 112 Court, Homestead, FL 33032

property.

H. Any and closing files, correspondence, email, loan agreements, HUD-1 and/or 

closing statements, and all distributions ore disbursements made relating to the 

purchase of the property (on or about April 2015) located at 24631 SW 112 Court, 

Homestead, FL 33032.

I. Any all documents, correspondence, agreements relating to the Quit Claim transfer 

to you regarding 24631 SW 112 Court, Homestead, FL 33032 property.

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SCHEDULE D

REQUESTS FOR ADMISSION

Trustee Dillworth asks You to admit, for purposes of this Adversary Proceeding only and 

subject to objections to admissibility at trial: 

1. The truth of each of the following statements: 

A. You received the Transfer.

B. You retained the Transfer.

C. You benefited from the Transfer.

D. You did not provide reasonably equivalent value to the Debtor in exchange 

for the Transfers.

E. The Transfer made by the Debtor to You were not on account of a present 

or antecedent debt owed by Debtor to you.

F. You did not provide any Value to the Debtor in exchange for the Transfer.

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