deposition notice duces tecum david lilienthal watersound
DESCRIPTION
This is a copy of the Deposition Notice Duces Tecum I served on David Lilienthal in the case. An important part of this case revolves around the facts related to our Board of Director, David Lilienthal, and his son David who was my main competitor in WaterSound Beach.TRANSCRIPT
I� THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT
I� A�D FOR WALTO� COU�TY, FLORIDA
CIVIL DIVISIO�
JOH� P. CARROLL,
Plaintiff, Case �o.: 09CA002021
v.
WATERSOU�D BEACH COMMU�ITY ASSOCIATIO�, I�C.,
Florida Corporation
WATERCOLOR COMMU�ITY ASSOCIATIO�, I�C.,
Florida Corporation
DAVID LILIE�THAL, individually
and as Director,
MARY JOULE,
SA�DRA MATTESO�,
RO�ALD VOELKER,
JOH� DOE, JA�E DOE, and OTHER U�K�OW�
CO�SPIRATORS
Defendants.
____________________________________________/
NOTICE OF TAKING DEPOSITION DUCES TECUM – DAVID LILIENTHAL
PLEASE TAKE NOTICE that Plaintiff, John Carroll, will take the deposition of the
following person at the date, time, and place stated below. You are requested to have with you
all documents listed on the attached Duces Tecum Schedule. The deposition will be upon oral
examination before a registered court reporter or before any other notary public or officer
authorized by law to take depositions. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following party, and unless excused from this subpoena by
this party or the court, you shall respond to this subpoena as directed. Please govern yourself
accordingly.
WITNESS: David Lilienthal
DATE AND TIME: December 7, 2010 9:00 a.m.
PLACE: 31 Coastal Centre Blvd.
South Walton Annex Conference Room
Santa Rosa Beach, FL 32459
Telephone 850-978-8233
The oral examinations will continue until completed. The deposition is being taken for
the purpose of discovery, for use at trial, and for all other purposes permitted under the Florida
Rules of Civil Procedure.
DUCES TECUM
1. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to surveys or order of
surveys for any job of Chambers Street Builders, Inc. and John Carroll.
2. Any and all notes, correspondence, phone records, documents, audiotapes,
videotapes, emails or materials of any sort in any way relating to surveys or order of surveys for
Lot 36, Phase II WaterSound Beach.
3. Any and all notes, correspondence, phone records, documents, audiotapes,
videotapes, emails or materials of any sort in any way relating to surveys or order of surveys for
Lot 39, Phase III WaterSound Beach.
4. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to correspondence
between yourself and anyone at the Walton County Building Department concerning Chambers
Street Builders, Inc., John Carroll and jobs permitted by either of them.
5. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 57, Phase II
WaterSound Beach.
6. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 106,
WaterSound West Beach.
7. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 24, Phase IV
WaterSound Beach.
8. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 13, Phase II
WaterSound Beach.
9. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 41, Phase III
WaterSound Beach.
10. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 1, Shore Bridge
Circle, Bridges, WaterSound Beach.
11. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 23, Pine Ridge,
Watercolor.
12. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 3, Oak Grove,
Watercolor.
13. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 11, Pine Crest,
Watercolor.
14. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 52, Cypress
Cove, Watercolor.
15. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 12, Phase II
WaterSound Beach.
16. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 5, Phase I,
WaterSound Beach.
17. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 17, Phase III,
WaterSound Beach.
18. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 46, Phase II,
WaterSound Beach.
19. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 32, Phase I,
WaterSound Beach.
20. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 14, Phase I,
WaterSound Beach.
21. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to Lot 8, WaterSound
West Beach.
22. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to John Carroll and/or
Chambers Street Builders, Inc. approval, discipline, removal, hearings, meetings or notices of
any kind from the WaterSound, Watercolor, Rivercaps or Windmark Beach approved builders
lists.
23. Any and all notes, correspondence, phone records, documents, photographs,
audiotapes, videotapes, emails or materials of any sort in any way relating to or reflecting
communications between any of the Defendant’s or their agents and employees in this matter and
Plaintiff, John Carroll and/or Chambers Street Builders, Inc., and/or J.M.B., L.L.C., and/or M.G.,
L.L.C. involving the claims asserted in this lawsuit or the formation or performance under the
WaterSound and WaterColor Community Association’s Declarations, Amendments and
Supplemental Declarations of Covenants, Conditions and Restrictions.
This includes all e-mails and written notes by or between David Lilienthal and any
other party involving any of the facts in this suit.
24. Any and all documents reflecting communications between Plaintiff and
Defendants and any other person regarding the facts alleged in this lawsuit by any party.
This includes all e-mails and written notes by or between David Lilienthal and any
other party involving any of the facts in this suit.
25. Any and all documents reflecting communications between Plaintiff and
Defendants not produced in response to the above requests.
This includes all e-mails and written notes by or between David Lilienthal and any
other party involving any of the facts in this suit.
26. Any and all documents reflecting communications concerning the subject matter
of this lawsuit including, but not limited to, communications between the Plaintiff and third
parties or between the Defendants and third parties.
This includes all e-mails and written notes by or between David Lilienthal and any
other party involving any of the facts in this suit.
27. Copies of all written opinions, reports, correspondence, photographs, documents
or other materials that any witness, lay or expert, has prepared or relied upon in connection in any
way with this matter.
This includes documents referencing the ordering, or receipt, of any and all surveys
of Lot 24 Phase IV, Lot 13 Phase II, Lot 1 Bridges Phase III, Lot 57 Phase II, Lot 106 West
Beach, Lot 3 Oak Grove, Lot 41 Phase III, Lot 23 Pine Ridge, Lot 11 Pine Crest or any
other project that Chambers Street Builders, Inc. worked on as well as Lot 39 Phase III or
Lot 36 Phase II. This also includes any and all inspection reports of any of the projects
performed by Chambers Street Builders, Inc. and John Carroll. This also includes any and
all photographs of any of the projects performed by Chambers Street Builders, Inc. and
John Carroll.
28. Copies of all documents and tangible things that you intend to offer into evidence
at the trial or other hearings in this lawsuit.
29. Copies of all inspection reports or any other documents prepared in connection
with the construction at Lot 24, or any other project that Chambers Street Builders, Inc. worked
on, along with the identification of all persons performing any inspections.
This includes documents referencing the ordering, or receipt, of any and all surveys
or other inspections of Lot 24 Phase IV, Lot 13 Phase II, Lot 1 Bridges Phase III, Lot 57
Phase II, Lot 106 West Beach, Lot 3 Oak Grove, Lot 41 Phase III, Lot 23 Pine Ridge, Lot
11 Pine Crest or any other project that Chambers Street Builders, Inc. worked on, along
with the identity of all persons performing any of the inspections.
30. Copies of any and all documents reflecting referrals by you of potential customers
for Dune Construction, Inc or David Lilienthal, Jr.
31. Any and all documents reflecting communications between Defendants and any
contractors, vendors, suppliers or sub-contractors regarding John Carroll and/or his work.
32. Any and all documents reflecting communications between Defendants and any
lot or homeowners from WaterSound, WaterSound Beach, WaterSound West Beach,
WaterColor, RiverCamps, Windmark Beach or the Retreat regarding John Carroll and/or his
work.
33. Any and all documents reflecting communications between Defendants and any
party researching buried debris of any kind adjacent to Lot 24, WaterSound Beach, Phase IV.
This includes Photographs.
34. Any and all documents reflecting communications between Defendants and any
party, at any time, regarding the approval, suspension, discipline or removal of any contractor
from the “List of WaterColor Builders” or the “List of WaterSound Builders” or the “List of
RiverCamps Builders” or the “List of Windmark Beach Builders”.
35. Any and all documents reflecting communications between Defendants and any
Walton County Building, Planning or Zoning employee or agent regarding John Carroll or
Chambers Street Builders, Inc. or any of the projects either of them worked on or permitted.
36. Any and all documents originated by Defendants or between Defendants and any
party, at any time, regarding construction in WaterColor or WaterSound performed by any
contractor or individual not listed on the “List of Builders”.
37. Any and all documents reflecting communications pertaining to Dune
Construction or Robert D. Lilienthal, Jr. between Defendants and any party associated with the
WaterSound or Watercolor Design Review Board.
38. Any and all documents reflecting communications between Defendant and Ron
Voelker or Voelker Surveying.
39. Any and all relevant documents not produced in response to one of the above
requests.
40. Any and all documents reflecting communications between Defendant and Joanne
Sebby regarding the Yahoo WaterSound Beach Message Board.
41. Any and all documents pertaining to the creation, amendment or enforcement of
the “benefited assessment” or fine related to construction completion times.
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to Christopher George, Esq., Gary
Shipman, Esq. and Mark Davis, Esq. by email and regular mail this 14th day of November, 2010.
________________________
John Carroll
Box 613524
WaterSound, Fl 32461
850-231-5616 Phone
850-622-5618 Fax