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I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT

I AD FOR WALTO COUTY, FLORIDA


CIVIL DIVISIO

JOH P. CARROLL,

Plaintiff, Case o.: 09CA002021


v.

WATERSOUD BEACH COMMUITY ASSOCIATIO, IC.,


Florida Corporation
WATERCOLOR COMMUITY ASSOCIATIO, IC.,
Florida Corporation
DAVID LILIETHAL, individually
and as Director,
MARY JOULE,
SADRA MATTESO,
ROALD VOELKER,
JOH DOE, JAE DOE, and OTHER UKOW
COSPIRATORS

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