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Motion to Add Party Defendants

Motion to Add Party Defendants

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Published by John Carroll
This is an example of the Motion to Add Party Defendants under Florida Rule 1.250(c) I filed in my case. I intend to add the St Joe Company and their past CEO Britt Greene
This is an example of the Motion to Add Party Defendants under Florida Rule 1.250(c) I filed in my case. I intend to add the St Joe Company and their past CEO Britt Greene

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Published by: John Carroll on Jun 01, 2011
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08/15/2013

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I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUITI AD FOR WALTO COUTY, FLORIDACIVIL DIVISIOJOH P. CARROLL,Plaintiff, Case o.: 09CA002021v.WATERSOUD BEACH COMMUITY ASSOCIATIO, IC.,
 Florida Corporation
DAVID LILIETHAL,
individuallyand as Director,
MARY JOULE
,
SADRA MATTESO,ROALD VOELKER,WATERCOLOR COMMUITY ASSOCIATIO, IC.JOH DOE and JAE DOEDefendants. ____________________________________________/PLAITIFF’S MOTIO TO ADD PARTY DEFEDATSWILLIAM BRITT GREEE and THE ST JOE COMPAY
Plaintiff JOHN P. CARROLL, moves to add the ST. JOE COMPANY, a Delawarecorporation, and William Britt Greene as party Defendants to this action, and shows grounds asfollows:1. This motion is made pursuant to Rule 1.250(c), Florida Rules of CivilProcedure.2. Plaintiff has displayed due diligence in the pursuit of discovery. Plaintiff hastaken 11 depositions, served several rounds of paper discovery, filed multiple motions to compel,and discovery has generated over 4,000 pages of numbered documents.3. However, the grounds for this motion were not disclosed to Plaintiff by any
 
defense witness or other defense discovery response until the last round of depositions April 4 and 5,2011, and the promptly ordered transcripts were only available by April 27, 2011.4. The deposition of Brian Stackable , Chairman of the Design Review Boardestablished in the covenants, discloses for the first time that the CEO of the ST. JOE COMPANYasserted influence over the decision making of that Design Review Board and over DefendantASSOCIATIONS during the time Defendants committed the acts against Plaintiff.5. There is no means by which Plaintiff could have gained knowledge of suchcovert involvement by the CEO of the St. JOE COMPANY other than an admission by an insider of this nature. In this regard, although a substantial number of insiders were deposed, no prior deponentmade any such disclosure.6. The Brian Stackable deposition was in the final deposition round allowed toPlaintiff under the existing discovery schedule, and Plaintiff had no follow-up opportunity toinvestigate the truth or falsity of said deponent’s disclosures, or the full significance of thedisclosures.7. Those late disclosures are alluded to as being “undisputed” in DefendantASSOCIATION’s motion for summary judgment, and, although the term “indispensible party” isnot used in Defendant’s motion, it is foreseeable that a motion invoking the indispensable party rulemay be filed in the future by Defendants, based upon the Brian Stackable deposition.8. If the Brian Stackable deposition is false, then it would appear that Defendantsare manufacturing a non-existent indispensible party issue.9. Even if the Brian Stackable deposition is true, Plaintiff does not concur thatWilliam Britt Greene and the ST. JOE COMPANY meet the definition of an “indispensible party”,however, Plaintiff does move for joinder of Mr. Greene and the ST. JOE COMPANY as proper 

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