Filing # 93696738 E-Filed 08/06/2019 06:10:17 AM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL

CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

JERMAINE CARLOS DIAZ,

Plaintiff,

V. CASE NO: 2019-CA-8025-O

RAYON SHERWIN PAYNE

d/b/a FOLKSALERT APP.

Defendant.
______________________________/

DEFENDANT FIRST REQUEST TO PRODUCE TO PLAINTIFF

Pursuant to Fla.R.Civ.P. Rule 1.350, Defendant RAYON SHERWIN PAYNE d/b/a

FOLKSALERT APP. (hereinafter referred to as "DEFENDANT") serves the following request

to produce to Plaintiff, JERMAINE CARLOS DIAZ, (hereinafter referred to as "PLAINTIFF"),

to be responded thereto within thirty (30) days as permitted by Rule 1.350(b).

DEFINITIONS

(a) The words "you", "yours" and/or "yourselves" means the partnership or entity and

any partners directors officers, employees, agents, representatives or other persons acting,

or purporting to act on behalf of the partnership or entity.

(b) The singular shall include the plural and vice versa; the terms "and" or "or" shall be

both conjunctive and disjunctive; the term "including" means "including without

limitation."

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(c) "Date" shall mean the exact date, month and year, if ascertainable or, if not, the best

approximation of the date (based upon relationship with other events).

(d) "Document(s)" includes all written, recorded, graphic, or photographic matter,

however produced or reproduced, pertaining in any manner to the subject matter

indicated and includes, without limiting the generality of the foregoing, all originals,

copies and drafts of all papers, letters, notes, emails, memoranda, ledgers, journals,

minutes, books, telephone slips, telephone records, expense accounts, timesheets,

telegrams, cables, photographs, maps, microfilm, video, audio or stenographic records,

prints, publications, recordings, transcriptions, affidavits, bills, receipts, prescriptions,

diagnoses and checks. Such documents include those in PLAINTIFF's actual possession;

constructive possession; and/or custody, care or control. Such documents will include

those that pertain directly or indirectly, in whole or 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.

(e) "Agent" shall mean; any partner, agent, employee, officer, director, attomey,

independent contractor or any other person acting at the direction of or on behalf of

another.

(f) "Individual" shall mean any person, corporation, proprietor, partnership, association

or other entity.

(g) The words "pertain to" or "pertaining to" mean: relates to, refers to, contains,

concems, describes, embodies, mentions, constitutes, constituting, supports, corroborates,

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 demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or

contradicts.

(h) The term "third party" or "third parties" refers to individuals or entities that are not a

party to this particular adversary action.

(i) The term "action" shall mean this particular case as styled in the heading herein

above.

(j) The word "identify", when used in reference to a document, means to include the

name and address of the custodian of the document, the location of the document, and a

general description of the document, including (1) the type of document (e.g.,

correspondence, memorandum, texts, emails, etc.); (2) the general subject matter of the

document; (3) the date of the document; (4) the author of the document; (5) the addressee

of the document; and (6) the relationship of the author and the addressee to each other.

(k) The name or word Plaintiff in this litigation at issue.

INSTRUCTIONS

If you object to fully identifying a document or oral communication because of a privilege, you

are requested to provide a privilege log of the following information as to each document, unless

divulging the information would disclose the privileged information.

1. the nature of the privilege claimed (including work product);

2. if the privilege is being asserted in connection with a claim or defense governed by state

law, the state privilege mle being invoked;

3. the date of the document or oral communication;

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4. if a document: its type (correspondence, memorandum, text, email, etc.), custodian,

location, and such other information sufficient to identify the document for a subpoena

duces tecum or a document request, including where appropriate the author, the

addressee, and if not apparent, the relationship between the author and the addressee;

5. if an oral communication: the place where it was made, the names of the persons present

while it was made, and if not apparent, the relationship of the persons present and the

declarant; and

6. the general subject matter of the document or oral communication

REQUESTED DOCUMENTS

1. Please produce all hard copies of any written statements and spoken statements made by

DEFENDANT that PLAINTIFF alleges to "false and malicious" in nature.

2. Please produce all financial records documenting PLAINTIFF's finances, including but

not limited to, annual reports, tax returns, bank statements, and net profits for the period

encompassing January 2014, through the present.

3. Please produce all documents pertaining to PLAINTIFF's agreement with companies or

individuals who has paid the PLAINTIFF for appearances and endorsements including,

but not limited to, correspondence, promotional material, contract agreement, check

stubs, and financial records for the period encompassing January 2014, through the

present.

4. Please produce all documents reflecting PLAINTIFF's business relationship with

Youtube, Instagram, Facebook and Twitter.

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5. Please produce all documents, e-mails, letters, texts or memoranda generated by

PLAINTIFF, and which reference and/or relate to DEFENDANT' allegedly slanderous

comments on Youtube, Twitter, Instagram and elsewhere.

6. Please produce all letters, correspondence, e-mails, text and memoranda of conversations

with any 3rd Party regarding DEFENDANT' allegedly slanderous comments.

7. Please produce all documents, e-mails, letters and memoranda which relate to

PLAINTIFF's business and operational relationship with Youtube, Twitter, Facebook and

Instagram, from the period encompassing January 2014, through the present.

8. Please produce all documents, e-mails, correspondence and memoranda relating to

PLAINTIFF contacting of Youtube, iTunes, Instagram or and/or other company

regarding the removal of DEFENDANT’s alleged slanderous content from their platform.

9. Please produce all documents, e-mails, correspondence and memoranda relating to dates

and time which PLAINTIFF state DEFENDANT called his son’s school.

10. Please produce all documents, e-mails, correspondence and memoranda relating to

DEFENDANT harassed PLAINTIFF’s mother.

11. Please produce all documents, correspondence, e-mails, texts and memoranda pertaining

to third-party conversations (excluding, of course, those involving attomey

conversations) on the subject of the allegedly "false and malicious" statements contained

on Youtube, iTunes, Twitter, Instagram and/or other company. This includes, but is not

limited to, correspondence that supports PLAINTIFF's assertions in its Complaint that

"Defendant's false and malicious statements" have:

○ Negatively impacted PLAINTIFF's trustworthiness and character;

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 ○ Caused PLAINTIFF to be subjected to distrust, ridicule, contempt and disgrace;

○ Injured PLAINTIFF's reputation and goodwill in the community located in

Houston, TX; and

○ Resulted in any damages to PLAINTIFF, including monetary damages, stemming

from PLAINTIFF's assertion that DEFENDANT' statements caused PLAINTIFF

"to suffer business harm and loss" due to "interference with ... contractual

relationships with its customers and potential customers."

12. Please produce all documents, correspondence, text, e-mails, pertaining to PLAINTIFF's

decision to pursue litigation against DEFENDANT.

13. Please produce all documents, correspondence, e-mails, text, and memoranda pertaining

to any and all previous slander/defamation-relation litigation threatened and/or filed by

PLAINTIFF against other individuals and entities during the period spanning February

2012, through the present.

14. Please produce all documents relating to efforts on the part of PLAINTIFF to remedy,

ameliorate, and/or repair any alleged "negative impact" or other alleged injury stemming

from DEFENDANT's allegedly "false and malicious statements."

15. Please produce any and all documents pertaining to threats made by DEFENDANT

towards PLAINTIFF.

16. Please produce all documents pertaining to PLAINTIFF conviction for sex trafficking of

a minor not limited to police report or indictment.

17. Please produce all documents pertaining to PLAINTIFF court order requirements and

conditions as a register sex offender.

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18. Please produce all documents unedited picture, audio, video of DEFENDANT at his

home, work and elsewhere captured by 3rd parties acting on PLAINTIFF’s behalf.

19. Please provide copies of all correspondence received by PLAINTIFF since August, 2018,

that discuss or pertain to or relate in any manner to DEFENDANT’s statements.

20. Please produce all documents, e-mails, correspondence and memoranda relating to all the

opportunities PLAINTIFF had to blow DEFENDANT’s top off.

21. Please produce all documents, pictures, videos, that PLAINTIFF posted to Youtube,

Twitter, and Instagram about DEFENDANT which was removed as a result of violations

of those companies user policy since August, 2018.

22. Please produce all documents, e-mails, correspondence and memoranda relating to hiring

of company or person to interfere with DEFENDANT’s business.

23. Please produce all documents of adult entertainment establishment PLAINTIFF’s

attended since January 2015 to present.

24. Please produce all documents, e-mails, correspondence and memoranda relating to

DEFENDANT working with any law enforcement agencies.

25. Please produce all documents, e-mails, correspondence and memoranda relating to

DEFENDANT being convicted of any crime of moral turpitude.

26. Please produce all documents, e-mails, correspondence and memoranda relating to any

individuals be arrested, indicted, investigated, convicted as a result of DEFENDANT.

27. Please produce all documents, e-mails, text, correspondence and memoranda relating to

PLAINTIFF’s connection to convicted Sex Trafficker Andre Mcdaniels or any sex

worker who are directly connected to Mr. McDaniels and PLAINTIFF.

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28. Please produce all documents, e-mails, text, correspondence and memoranda relating to

PLAINTIFF’s relationship with sex workers Arnela Niksic, Brittany Redding, Heather

Hayhurst, Angelica Disiena and Angela Delgado-Williams.

29. Please produce all documents, e-mails, text, contract, lease agreement, financial records,

correspondence and memoranda relating to PLAINTIFF’s relationship with John D.

Leontaritis, Vanderhall Exotics and Global Motorcars.

30. Please produce all documents, e-mails, text, correspondence and memoranda relating to

the artist PLAINTIFF’s promoted on his Instagram “Lacetheblueprint” and

“Moneytoblowmusicgroup” with respect to dates the artist were posted.

Respectfully submitted,

RAYON SHERWIN PAYNE, PRO SE

/s/ Rayon Payne

_______________________________
8815 Conroy Windermere Rd
Ste. #208
Orlando Florida 32835
Tel: 646-543-6557
Email: info@folksalert.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY ​that a true and correct copy of the foregoing has been furnished

via the Florida Courts E-Filing Portal this 6th d​ ay of August, 2019​, ​to: ERIC P. LARUE

II, 501 S. New York Ave. Winter Park Fl 32789.

RAYON SHERWIN PAYNE, PRO SE

/s/ Rayon Payne