Preview
Filing # 126314266 E-Filed 05/06/2021 02:28:05 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01
FLICKER CONSTRUCTION, INC., an
inactive Florida Corporation,
Plaintiff, CIRCUIT CIVIL DIVISION
vs.
ROMAN FLICKER, an individual, and MID-
CONTINENT CASUALTY COMPANY, a
Foreign Corporation,
Defendants.
/
NOTICE OF TAKING DEPOSITION
Defendant, Mid-Continent Casualty Company, through undersigned counsel, will take the
deposition of the following named person at the date and time reflected below:
Deponent Date & Place
Time
Jose
Baluja VERITEXT– Fort Lauderdale, FL
Thursday,
Universal One E. Broward Blvd., Suite 902, Fort Lauderdale, FL 33301
May 27,
Hood Zoom videoconference link:
2021 at
Tech, https://proceedings.veritext.com/?token=0b93a4d64964ba903de2975c0caf8964
1:00 p.m.
Inc.
upon oral examination before Veritext Court Reporters or Notary Public in and for the State of
Florida, or some other officer duly authorized by law to take depositions in the state. The
deposition will continue from day to day until completed. The deposition is being taken for the
purpose of discovery, for use at trial, or both of the foregoing, or for such other purposes as are
permitted under the applicable and governing rules. Please see the attached subpoena and
exhibit for details.
0979020\308052222.v1
Respectfully submitted,
HINSHAW & CULBERTSON LLP
/s/Edward T. Sylvester
Edward T. Sylvester, Esq.
Florida Bar No. 0051612
esylvester@hinshawlaw.com
2525 Ponce de Leon Blvd. 4th Floor
Coral Gables, FL 33134
Telephone: 305-358-7747
Facsimile: 305-577-1063
Attorneys for Mid-Continent Casualty Company
2
0979020\308052222.v1
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01
FLICKER CONSTRUCTION, INC.,
Plaintiff, CIRCUIT CIVIL DIVISION
v.
ROMAN FLICKER and MIDCONTINENT
CASUALTY COMPANY,
Defendant.
____________________________________/
SUBPOENA DUCES TECUM FOR DEPOSITION
Pursuant to Fla. R. Civ. P. 1.913(b)
THE STATE OF FLORIDA:
TO: Jose Baluja as Registered Agent
Universal Hood Tech, Inc.
12843 SW 45 Terrace
Miami, Florida 33175
YOU ARE COMMANDED to appear before a person authorized by law to take depositions
at VERITEXT– Fort Lauderdale, FL, One E. Broward Blvd., Suite 902, Fort Lauderdale, FL
33301 (Zoom videoconference link:
https://proceedings.veritext.com/?token=0b93a4d64964ba903de2975c0caf8964) on May 27,
2021, at 1:00 p.m., for the taking of your deposition in this action and to have with you at that
time and place the following regarding the attached Schedule “A”.
If you fail to appear, you may be in contempt of court.
YOU ARE SUBPOENAED by the following attorney, and unless excused from this subpoena by
these attorneys or the Court, you shall respond to this subpoena as directed.
DATED on May 6, 2021
FOR THE COURT
/s/Edward T. Sylvester
Edward T. Sylvester, Esq.
Florida Bar No. 0051612
esylvester@hinshawlaw.com
2525 Ponce de Leon Blvd. 4th Floor
Coral Gables, FL 33134
Telephone: 305-358-7747
Subpoena Duces Tecum For Deposition (For Issuance By Attorney) {1.913(b)}
0979020\308052231.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
Facsimile: 305-577-1063
Attorneys for Mid-Continent Casualty Company
Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during
the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes,
except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the
credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential
conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance.
Please contact [Identify applicable court personnel
by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or
voice impaired, call 711.
2
Subpoena Duces Tecum For Deposition (For Issuance By Attorney) {1.913(b)}
0979020\308052231.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
EXHIBIT “A”
DEFINITIONS AND INSTRUCTIONS
1. The terms “You” or “Yours” or “Universal Hood Tech, Inc.” means Universal
Hood Tech, Inc., including its officers, employees, agents, representatives, subcontractors or other
Person acting, or purporting to act, on its behalf.
2. The singular shall include the plural and vice versa; the terms “and” or “or” shall
be both conjunctive and disjunctive; and the term “including” shall mean “including without
limitation.”
3. The term “Date” means the exact date, month and year, if ascertainable or, if not
ascertainable; the best approximation of the date (based upon relationship with other events).
4. The term “Subject Property” means the real property located at Vue at Brickell
Condominium, 1250 South Miami Avenue, Unit CU 10, Miami, Florida 33130.
5. The term “Flicker Construction, Inc.” means Flicker Construction, Inc., including
Roman Flicker, its officers, employees, agents, representatives or other persons acting, or
purporting to act, on its behalf.
6. The term “Document” means any documents, including, but not limited to, 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 recordings, spreadsheets, pamphlets, studies, minutes of meetings, or other memorials
of any type of personal or telephone conversations, meetings, or conferences (including, but not
limited to, telephone bills and long distance charge slips), analyses, evaluations, estimates,
proposals, projections, forecasts, receipts, statements, accounts, books of account, diaries, daily
logs or reports, job schedules, calendars, desk pads, appointment books, stenographer’s notebooks,
transcripts, registers, worksheets, journals, statistical records, cost sheets, summaries, lists,
tabulations, digests, canceled or un-canceled checks or drafts, vouchers, charge slips, bills,
purchase orders, periodical or magazine materials, pay requisitions, credit memos, and any
material underlying, supporting, or used in the preparation of any documents.
7. The term “Electronic Data” means any Document listed in numbered paragraph 6
above which is stored in an electronic medium, and any database, electronic mail (“e-mail”), faxes,
web pages, archives, spreadsheets, job logs, word processed Documents, video, audio, graphics,
drawings, sketches, plans, correspondence, messages, backups, software, hardware, computer
based files in any format, Compact Discs, DVDs, and all other information stored in a network
computer, personal computer, network server, or any other electronic storage facility or medium
not expressly mentioned herein. When reproduced in any form other than its original format, all
metadata reasonably retrievable from the Electronic Data must be retrieved and produced
(“metadata” refers to hidden information in the Electronic Data that indicates such information,
3
Subpoena Duces Tecum For Deposition (For Issuance By Attorney) {1.913(b)}
0979020\308052231.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
including: filename, file size, file author, file creation/modification dates, and, for email, sender,
recipient(s), carbon copies, blind carbon copies, subjects, etc.). Further, such Electronic Data shall
also be maintained, safeguarded, and available for production in the same format in which it is
stored, and, to the extent possible, on its original medium, and shall be produced pursuant to any
request for inspection and copying in its original format and, if requested, on its original medium
for sampling or testing by the requesting party and for its consultants.
8. The term “Person” means any individual, contractor, subcontractor, corporation,
proprietorship, partnership, trust, association or any other entity.
9. The terms “pertain to” or “pertaining to” mean arising out of, relates to, refers to,
contains, concerns, describes, embodies, mentions, constitutes, constituting, supports,
corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or
contradicts.
10. The term “action,” “matter”, “proceeding” or “case” means the above captioned
case.
11. The terms “Identify” or “Identity” means to provide the name and address of the
custodian of the Document and the Electronic Data, the location of the Document and Electronic
Data, and a general description of the Document and Electronic Data, including; (1) the type of
Document, and Electronic Data (i.e., correspondence, memorandum, facsimile, email, etc.); (2) a
general description of the Document’s subject matter; (3) the Date of the Document and Electronic
Data; (4) the author of the Document and Electronic Data and his/her name and address, including
all Persons who assisted the author in its creation; (5) the name and address of all Persons to whom
the Document and Electronic Data was transmitted; and (6) the relationship between the author
and such addressees. The term “Identity” when used in reference to a Person means to provide the
name, address, the Federal Identification number, and a description of the type of entity if not
readily available from the name.
12. This request is a continuing one. If after producing Documents and Electronic Data,
You become aware of any further Documents and Electronic Data responsive to this request, You
are required to produce such additional documents.
13. You must label the Documents and Electronic Data responsive to each numbered
request below.
14. For all Documents and Electronic Data, prior to producing, You are to contact
counsel for Defendant to coordinate the production of the Documents and Electronic Data
in their most useable form and to minimize the costs involved with production. Production
of Documents and Electronic Data in their non-native form (such as a printout of an email)
is not responsive to this request for production.
4
Subpoena Duces Tecum For Deposition (For Issuance By Attorney) {1.913(b)}
0979020\308052231.v1
John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01
DOCUMENTS TO BE PRODUCED
1. Any and all Documents and Electronic Data pertaining to the Subject Property, including
Documents and Electronic Data pertaining to City of Miami Master Permit Number 105002997.
2. Any and all Documents and Electronic Data pertaining to submission of Your bid for the
work at the Subject Property and Documents and Electronic Data pertaining to the Identity of any
and all Persons awarding work at the Subject Property, including Documents and Electronic Data
pertaining to City of Miami Master Permit Number 105002997.
3. Any and all Documents and Electronic Data submitted to, or supplied by, Universal Hood
Tech, Inc., pertaining to the Subject Property by all, or to all, Persons, including Documents and
Electronic Data pertaining to Bentley Holdings, LLC, CV-Ches Restaurant, Roman Flicker,
Flicker Construction, Inc., Moises Tacle, or any other Person for any goods and services.
4. Any and all Documents and Electronic Data pertaining to the Identity and scope of work
of the general contractor pertaining to the Subject Property, including Documents and Electronic
Data naming Roman Flicker, Flicker Construction, Inc., Bentley Holdings, LLC., CV-Ches
Restaurant, or any other Person.
5
Subpoena Duces Tecum For Deposition (For Issuance By Attorney) {1.913(b)}
0979020\308052231.v1
CERTIFICATE OF SERVICE
I certify that on May 6, 2021, the foregoing was filed via Florida Courts eFiling Portal
which generates a copy to all counsel of record as follows: Brandon G. Cathey, Esq., and Brent
G. Steinberg, Esq., Swope Rodante, P.A., 1234 East 5th Avenue, Tampa, Florida 33605, at
team2eservice@swopelaw.com; eservice@swopelaw.com.
Respectfully submitted,
/s/Edward T. Sylvester
Edward T. Sylvester
Florida Bar No. 0051612
2525 Ponce de Leon Boulevard, 4th Floor
Coral Gables, Florida 33134
Telephone: 305-358-7747
Facsimile: 305-577-1063
esylvester@hinshawlaw.com
lleon@hinshawlaw.com;
Counsel for Mid-Continent Cas. Co.
3
0979020\308052222.v1
Preview
Filing # 126314266 E-Filed 05/06/2021 02:28:05 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01 FLICKER CONSTRUCTION, INC., an inactive Florida Corporation, Plaintiff, CIRCUIT CIVIL DIVISION vs. ROMAN FLICKER, an individual, and MID- CONTINENT CASUALTY COMPANY, a Foreign Corporation, Defendants. / NOTICE OF TAKING DEPOSITION Defendant, Mid-Continent Casualty Company, through undersigned counsel, will take the deposition of the following named person at the date and time reflected below: Deponent Date & Place Time Jose Baluja VERITEXT– Fort Lauderdale, FL Thursday, Universal One E. Broward Blvd., Suite 902, Fort Lauderdale, FL 33301 May 27, Hood Zoom videoconference link: 2021 at Tech, https://proceedings.veritext.com/?token=0b93a4d64964ba903de2975c0caf8964 1:00 p.m. Inc. upon oral examination before Veritext Court Reporters or Notary Public in and for the State of Florida, or some other officer duly authorized by law to take depositions in the state. The deposition will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or both of the foregoing, or for such other purposes as are permitted under the applicable and governing rules. Please see the attached subpoena and exhibit for details. 0979020\308052222.v1 Respectfully submitted, HINSHAW & CULBERTSON LLP /s/Edward T. Sylvester Edward T. Sylvester, Esq. Florida Bar No. 0051612 esylvester@hinshawlaw.com 2525 Ponce de Leon Blvd. 4th Floor Coral Gables, FL 33134 Telephone: 305-358-7747 Facsimile: 305-577-1063 Attorneys for Mid-Continent Casualty Company 2 0979020\308052222.v1 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JOHN HUGHES, III, as Receiver of CASE NO.: 2019-003916-CA-01 FLICKER CONSTRUCTION, INC., Plaintiff, CIRCUIT CIVIL DIVISION v. ROMAN FLICKER and MIDCONTINENT CASUALTY COMPANY, Defendant. ____________________________________/ SUBPOENA DUCES TECUM FOR DEPOSITION Pursuant to Fla. R. Civ. P. 1.913(b) THE STATE OF FLORIDA: TO: Jose Baluja as Registered Agent Universal Hood Tech, Inc. 12843 SW 45 Terrace Miami, Florida 33175 YOU ARE COMMANDED to appear before a person authorized by law to take depositions at VERITEXT– Fort Lauderdale, FL, One E. Broward Blvd., Suite 902, Fort Lauderdale, FL 33301 (Zoom videoconference link: https://proceedings.veritext.com/?token=0b93a4d64964ba903de2975c0caf8964) on May 27, 2021, at 1:00 p.m., for the taking of your deposition in this action and to have with you at that time and place the following regarding the attached Schedule “A”. If you fail to appear, you may be in contempt of court. YOU ARE SUBPOENAED by the following attorney, and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. DATED on May 6, 2021 FOR THE COURT /s/Edward T. Sylvester Edward T. Sylvester, Esq. Florida Bar No. 0051612 esylvester@hinshawlaw.com 2525 Ponce de Leon Blvd. 4th Floor Coral Gables, FL 33134 Telephone: 305-358-7747 Subpoena Duces Tecum For Deposition (For Issuance By Attorney) {1.913(b)} 0979020\308052231.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 Facsimile: 305-577-1063 Attorneys for Mid-Continent Casualty Company Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [Identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice impaired, call 711. 2 Subpoena Duces Tecum For Deposition (For Issuance By Attorney) {1.913(b)} 0979020\308052231.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 EXHIBIT “A” DEFINITIONS AND INSTRUCTIONS 1. The terms “You” or “Yours” or “Universal Hood Tech, Inc.” means Universal Hood Tech, Inc., including its officers, employees, agents, representatives, subcontractors or other Person acting, or purporting to act, on its behalf. 2. The singular shall include the plural and vice versa; the terms “and” or “or” shall be both conjunctive and disjunctive; and the term “including” shall mean “including without limitation.” 3. The term “Date” means the exact date, month and year, if ascertainable or, if not ascertainable; the best approximation of the date (based upon relationship with other events). 4. The term “Subject Property” means the real property located at Vue at Brickell Condominium, 1250 South Miami Avenue, Unit CU 10, Miami, Florida 33130. 5. The term “Flicker Construction, Inc.” means Flicker Construction, Inc., including Roman Flicker, its officers, employees, agents, representatives or other persons acting, or purporting to act, on its behalf. 6. The term “Document” means any documents, including, but not limited to, 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 recordings, spreadsheets, pamphlets, studies, minutes of meetings, or other memorials of any type of personal or telephone conversations, meetings, or conferences (including, but not limited to, telephone bills and long distance charge slips), analyses, evaluations, estimates, proposals, projections, forecasts, receipts, statements, accounts, books of account, diaries, daily logs or reports, job schedules, calendars, desk pads, appointment books, stenographer’s notebooks, transcripts, registers, worksheets, journals, statistical records, cost sheets, summaries, lists, tabulations, digests, canceled or un-canceled checks or drafts, vouchers, charge slips, bills, purchase orders, periodical or magazine materials, pay requisitions, credit memos, and any material underlying, supporting, or used in the preparation of any documents. 7. The term “Electronic Data” means any Document listed in numbered paragraph 6 above which is stored in an electronic medium, and any database, electronic mail (“e-mail”), faxes, web pages, archives, spreadsheets, job logs, word processed Documents, video, audio, graphics, drawings, sketches, plans, correspondence, messages, backups, software, hardware, computer based files in any format, Compact Discs, DVDs, and all other information stored in a network computer, personal computer, network server, or any other electronic storage facility or medium not expressly mentioned herein. When reproduced in any form other than its original format, all metadata reasonably retrievable from the Electronic Data must be retrieved and produced (“metadata” refers to hidden information in the Electronic Data that indicates such information, 3 Subpoena Duces Tecum For Deposition (For Issuance By Attorney) {1.913(b)} 0979020\308052231.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 including: filename, file size, file author, file creation/modification dates, and, for email, sender, recipient(s), carbon copies, blind carbon copies, subjects, etc.). Further, such Electronic Data shall also be maintained, safeguarded, and available for production in the same format in which it is stored, and, to the extent possible, on its original medium, and shall be produced pursuant to any request for inspection and copying in its original format and, if requested, on its original medium for sampling or testing by the requesting party and for its consultants. 8. The term “Person” means any individual, contractor, subcontractor, corporation, proprietorship, partnership, trust, association or any other entity. 9. The terms “pertain to” or “pertaining to” mean arising out of, relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts. 10. The term “action,” “matter”, “proceeding” or “case” means the above captioned case. 11. The terms “Identify” or “Identity” means to provide the name and address of the custodian of the Document and the Electronic Data, the location of the Document and Electronic Data, and a general description of the Document and Electronic Data, including; (1) the type of Document, and Electronic Data (i.e., correspondence, memorandum, facsimile, email, etc.); (2) a general description of the Document’s subject matter; (3) the Date of the Document and Electronic Data; (4) the author of the Document and Electronic Data and his/her name and address, including all Persons who assisted the author in its creation; (5) the name and address of all Persons to whom the Document and Electronic Data was transmitted; and (6) the relationship between the author and such addressees. The term “Identity” when used in reference to a Person means to provide the name, address, the Federal Identification number, and a description of the type of entity if not readily available from the name. 12. This request is a continuing one. If after producing Documents and Electronic Data, You become aware of any further Documents and Electronic Data responsive to this request, You are required to produce such additional documents. 13. You must label the Documents and Electronic Data responsive to each numbered request below. 14. For all Documents and Electronic Data, prior to producing, You are to contact counsel for Defendant to coordinate the production of the Documents and Electronic Data in their most useable form and to minimize the costs involved with production. Production of Documents and Electronic Data in their non-native form (such as a printout of an email) is not responsive to this request for production. 4 Subpoena Duces Tecum For Deposition (For Issuance By Attorney) {1.913(b)} 0979020\308052231.v1 John Hughes, III as Receiver of Flicker Construction, Inc., et al. Case No.: 19-003916-CA-01 DOCUMENTS TO BE PRODUCED 1. Any and all Documents and Electronic Data pertaining to the Subject Property, including Documents and Electronic Data pertaining to City of Miami Master Permit Number 105002997. 2. Any and all Documents and Electronic Data pertaining to submission of Your bid for the work at the Subject Property and Documents and Electronic Data pertaining to the Identity of any and all Persons awarding work at the Subject Property, including Documents and Electronic Data pertaining to City of Miami Master Permit Number 105002997. 3. Any and all Documents and Electronic Data submitted to, or supplied by, Universal Hood Tech, Inc., pertaining to the Subject Property by all, or to all, Persons, including Documents and Electronic Data pertaining to Bentley Holdings, LLC, CV-Ches Restaurant, Roman Flicker, Flicker Construction, Inc., Moises Tacle, or any other Person for any goods and services. 4. Any and all Documents and Electronic Data pertaining to the Identity and scope of work of the general contractor pertaining to the Subject Property, including Documents and Electronic Data naming Roman Flicker, Flicker Construction, Inc., Bentley Holdings, LLC., CV-Ches Restaurant, or any other Person. 5 Subpoena Duces Tecum For Deposition (For Issuance By Attorney) {1.913(b)} 0979020\308052231.v1 CERTIFICATE OF SERVICE I certify that on May 6, 2021, the foregoing was filed via Florida Courts eFiling Portal which generates a copy to all counsel of record as follows: Brandon G. Cathey, Esq., and Brent G. Steinberg, Esq., Swope Rodante, P.A., 1234 East 5th Avenue, Tampa, Florida 33605, at team2eservice@swopelaw.com; eservice@swopelaw.com. Respectfully submitted, /s/Edward T. Sylvester Edward T. Sylvester Florida Bar No. 0051612 2525 Ponce de Leon Boulevard, 4th Floor Coral Gables, Florida 33134 Telephone: 305-358-7747 Facsimile: 305-577-1063 esylvester@hinshawlaw.com lleon@hinshawlaw.com; Counsel for Mid-Continent Cas. Co. 3 0979020\308052222.v1