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in the circuit court_ fifteenth judicial circuit_ in and for palm beach

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									                                                      IN THE CIRCUIT COURT, FIFTEENTH
                                                      JUDICIAL CIRCUIT, IN AND FOR PALM
                                                      BEACH COUNTY, FLORIDA

                                                      CASE: 502011CA003066XXXXMBAJ

SOUTHWIND LAKES HOMEOWNERS
ASSOCIATION, INC.,

         Plaintiff,
vs.

O. MICHAEL GRAY,

         Defendant.
______________________________/

           NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT

TO:      Barry Silver, Esquire
         1200 South Rogers Circle, Suite 8
         Boca Raton, FL 33487
         Telephone: 561-483-6900
         Facsimile: 561-488-4676


         PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition of the

below-named person on at the offices of Barry Silver, 1200 South Rogers Circle, Suite 8, Boca

Raton, Florida 33487; Telephone: 561-483-6900,

NAME                                          DATE                                  TIME


O. MICHAEL GRAY                       Tuesday, August 9, 2011                       10:00 A.M.


pursuant to Florida Rules of Civil Procedure before Esquire Deposition Solutions, Notary

Public, or any other Notary Public or officer authorized by law to take depositions in the State of

Florida.




ACTIVE: S14860/321917:3431604_1
Southwind Lake Homeowners Association, Inc.
v. O. Michael Grady, Case No. 502011CA003066XXXXMBAJ
Notice of Taking Deposition Duces Tecum of O. Michael Gray

         Deponent should bring with him to the deposition the documents listed on Schedule

"A" attached. They will be inspected and may be copied at that time. You will not be required to

surrender the original items.

         The oral examination will continue from day to day until completed. This deposition is

being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted

under the applicable Statutes or Rules of the Court.




                                      CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via US Mail

this ___ day of July 2011 to the above-named addressees.


                                                      BECKER & POLIAKOFF, P.A.
                                                      Attorneys for Plaintiff
                                                      Bank of America Centre
                                                      625 N. Flagler Drive, 7th Floor
                                                      West Palm Beach, FL 33401
                                                      Telephone: (561) 655-5444
                                                      Facsimile: (561) 832-8987
                                                      CDraper@becker-poliakoff.com


                                                      By:______________________________
                                                            Chris A. Draper, Esquire
                                                            Florida Bar No. 838640

Cc: Esquire Deposition Solutions
    Telephone: 561-659-4155




ACTIVE: S14860/321917:3431604_1                              2
Southwind Lake Homeowners Association, Inc.
v. O. Michael Grady, Case No. 502011CA003066XXXXMBAJ
Notice of Taking Deposition Duces Tecum of O. Michael Gray

                                               DUCES TECUM
                                                EXHIBIT “A”

                                  DEFINITIONS AND INSTRUCTIONS

        1.      As used herein, the term “document” shall mean any writing, recording or
photograph in your actual or constructive possession, custody, care or control, which pertain
directly or indirectly, in whole or in 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, including, but not limited to: correspondence, memoranda, notes, messages, diaries,
minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes or
tape recording, agreements, contracts, journals, records, plans, drawings, blueprints, maps,
forms, logs, brochures, lists, programs, guides, statements, letters, cancelled checks, policies,
bank drafts, letters of credit, incentives, indentures, mortgages, leases, deeds, notices, and any
and all other written or recorded forms of communication. In addition, it means every document
or group of documents or communication as above defined that are known to you or that can be
located or discovered by reasonably diligent efforts.


       2.      As used herein, the term “relate” or “relating” shall be construed in the broadest
sense and shall mean directly or indirectly describing, setting forth, discussing, mentioning,
commenting upon supporting, contradicting, regarding, or referring to the subject or topic in
question, either in whole or in part.

       3.      The term “you” means the deponent and his agents, representatives, or anyone
authorized to act on his behalf.

       4.      The term “communication” means any oral or written utterance, notation or
statement of any nature whatsoever, by and to whomsoever made, including, but not limited to,
correspondence, conversations, dialogues, discussions, interviews, meetings, consultants,
agreements, and other understandings between or among two or more people.

        5.     The terms “and” and “or” as used herein, are intended to be all encompassing
rather than exclusionary.

       6.      All words in the present tense include the past, and all words in the past tense
include the present tense.

       7.      As used herein, the singular shall include the plural, the plural shall include the
singular, and masculine, feminine, and neuter shall include each of the other genders.




ACTIVE: S14860/321917:3431604_1                              3
Southwind Lake Homeowners Association, Inc.
v. O. Michael Grady, Case No. 502011CA003066XXXXMBAJ
Notice of Taking Deposition Duces Tecum of O. Michael Gray

                           DOCUMENTS TO BE PRODUCED AT DEPOSITION

1.       Any and all documents or items of record in your possession that you expect to use at

trial, which support or evidence any defense you will or expect to raise and/or which form the

basis for your Motion to Dismiss Amended Complaint.

2.       Any and all correspondence, documentation or emails reflecting any communications

between you and the Association, and/or The Continental Group.

3.       Any and all correspondence, documentation or emails reflecting any communications

between you and any of the Board members of Southwind Lakes Homeowners Association.

4.       Any and all documents in your possession, custody, or control relating to your

accusations that the Association’s Board is mismanaging their funds, (including without

limitation those which you, your attorneys and/or your experts intend to rely upon) which

substantiate or lay a foundation that you will rely on at trial.

5.       Any and all documentation, statements, or physical items that evidence that Michael

Perkins has embezzled funds and/or is or was using the Association funds for his own personal

debts and obligations.

6.       Any and all documentation, statements, or physical items that evidence that Michael

Perkins is in collusion with any of the Association’s vendors and/or is or was receiving

kickbacks or any other consideration from any Association vendors, and/or that he is lying to the

Board members or the owners about the actual financial condition of the Association.

7.       Any and all documentation, statements, or physical items that evidence that Mary White

has committed fraud against Southwind Lakes Homeowners Association or its members.

8.       Any and all documentation, statements, or physical items that evidence that Mary White

is or was lying to the Board members or other owners about the Association’s ability to collect




ACTIVE: S14860/321917:3431604_1                              4
Southwind Lake Homeowners Association, Inc.
v. O. Michael Grady, Case No. 502011CA003066XXXXMBAJ
Notice of Taking Deposition Duces Tecum of O. Michael Gray

past due assessments from the owners, and/or lying to the Board members or other owners about

the actual financial condition of Southwind Lakes Homeowners Association.

9.       Any and all documentation, statements, or physical items that evidence that Vincent

Rizzo is or was lying to the Board members or other owners about the Association’s ability to

collect past due assessments from the owners and is or was lying to the Board members or other

owners about the actual financial condition of the Association, and/or has engaged in

mismanagement or fraud concerning the Association or other owners.

10.      Any and all documentation, pictures, emails, postings or other written commentary

shown at any time on your internet website regarding the Association, Michael Perkins, Mary

White or Vincent Rizzo; as well as any and all items supporting or evidencing the facts or

allegations set forth or asserted in each and every posting regarding the Association, Michael

Perkins, Mary White or Vincent Rizzo.

11.      Any and all documents (including without limitation those which you, your attorneys

and/or your experts intend to rely upon) which substantiate or lay a foundation for any denial of

or defense to the allegations raised in Count I of Plaintiff’s Amended Complaint.

12.      Any and all documents (including without limitation those which you, your attorneys

and/or your experts intend to rely upon) which substantiate or lay a foundation for any denial of

or defense to the allegations raised in Count II of Plaintiff’s Amended Complaint.

13.      Any and all documents (including without limitation those which you, your attorneys

and/or your experts intend to rely upon) which substantiate or lay a foundation for any denial of

or defense to the allegations raised in Count III of Plaintiff’s Amended Complaint.

14.      Any and all documentation (including without limitation those which you, your attorneys

and/or your experts intend to rely upon) which substantiate or lay a foundation for your



ACTIVE: S14860/321917:3431604_1                              5
Southwind Lake Homeowners Association, Inc.
v. O. Michael Grady, Case No. 502011CA003066XXXXMBAJ
Notice of Taking Deposition Duces Tecum of O. Michael Gray

allegations in your Motion to Dismiss that Michael Perkins, President of Southwind Lakes

convinced the Association’s attorneys, Becker & Poliakoff, to file this lawsuit to carry out a

vendetta against you.




ACTIVE: S14860/321917:3431604_1                              6

								
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