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ARK. LY. 2010 10:44AM 9 FRIDAKIN PLA. ow 1186—P
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA '
CIVILACTION ’ pate tO
Clerk,
ELLIS HANSON and aye
VELTA HANSON
Plaintiffs,
Case No: 09-6515-CA
Vv.
ALMA TETI
Defendants.
/
—
SU) EN. CU! UT D) ION
THE STATE OF FLORIDA:
TO: Bank of America Corporation
c/o Registered Agent:
CT Corporation System
1200 South Pine Island Road
Plantation, FL 33324
YOU ARE COMMANDED to appear at the offices of Grant, Fridkin, Pearson, Athan &
Crown, P.A., 555] Ridgewood Drive, Suite 501, Naples, Florida 34108, within twenty (20) days
from the date of service of this subpoena, and have with you at that jime and place the following:
1 Any and all account records, including account statements and cancelled checks
from January 1, 2005, up through including, January 1, 2009 for the account that pertains to the
copy of the check attached as EXHIBIT A.
These items will be inspected and may be Copied af that time. You will not be required to
surrender the original items. You may comply with this Subpoena by providing legible copies of
the items to be produced to the attomey whose: name appears on this Subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the
Payment in advance of the reasonable cost of preparation. You may mail or deliver the copies toa
ArK. WY LUI TUS 49M ‘® TRIVAIN F. A,
the attorney whose name appears on this Subpoena and thereby eliminate your appearance at the
time and place specified above. You have the right to object to the production pursuant to this
subpoena at any time before production by giving written notice to the attomey whose name
appears on this Subpoena, THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL
BE TAKEN.
If you fail to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this Subpoena,
you may be in contempt of court. You are subpoenaed to appear by the following attomey, and
unless excused from this subpoena by this atlomey or the Court, you shall respond to this
Subpoena as directed.
DATED on this___ day of April, 2010,
BY:
FOR THE COURT
D. Keith Wickenden
Florida Bar No, 0897280
5551 Ridgewood Drive, Suite 501
Naples, Florida 34108
(239) 514-1000, (239) 514-0377 (fax)
eo” 1100——f. [| ————-—____IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
ELLIS HANSON and VELTA HANSON,
Plaintiffs,
v. Case No. 09-6515-CA
ALMA TETI,
Defendant.
- _
PLAINTIFFS’ MEMORANDUM IN RESPONSE TO
DEFENDANT’S MOTION PURSUANT TO RULE 1.351(D)
SEEKING A RULING ON PLAINTIFFS’ NOTICE OF OBJECTION
TO NOTICE OF PRODUCTION FROM NON-PARTY, BANK OF AMERICA
PLAINTIFFS, ELLIS HANSON and VELTA HANSON (collectively
“Hansons”), file Plaintiffs’ Memorandum in Response to Defendant’s Motion Pursuant to
Rule 1.351(D) Seeking a Ruling on Plaintiffs’ Notice of Objection to Notice of
Production from Non-Party, Bank of America, and state:
The Hansons object to the production of their banking information. The Hansons
are willing to produce the records limited to those related to the improper transfers to
Alma Teti. With respect to the Hansons’ general finances, there is no relevance at all in
the case to their personal finances, and there is no reason for their personal bank records
to be produced, Under Florida law, there is a right to privacy not to produce your
personal financial information. In fact, under section 768.72, Florida Statutes, only until
such time as a party has sought and obtained appropriate leave of court to plead punitive
damages, can financial records be exposed. As there is not even a claim against the
Hansons, Alma Teti is certainly not in a position to seek punitive damages on the non-
existent claim, and therefore, cannot meet the appropriate standard in the statute, and
cannot reach the personal financial records of the Hansons.
The Subpoena Duces Tecum without Deposition is very clearly and dramatically
overbroad, and is not reasonably calculated to reach any documents related to the
inappropriate transfers caused by Alma Teti’s exploitation of a “vulnerable adult.”WHEREFORE, PLAINTIFFS, ELLIS HANSON and VELTA HANSON,
request this Court to quash the Subpoena Duces Tecum without Deposition directed to
Bank of America in its entirety or be limited solely to the transactions of Alma Teti, grant
Plaintiffs their attorneys’ fees and costs in this matter, and any other relief this Court
deems just and appropriate.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by facsimile and regular U.S. mail to D. Keith Wickenden, Esq., Grant,
Fridkin, Pearson, Athan & Crown, P.A., 5551 Ridgewood Drive, Suite 501, Naples,
Florida 34108 on this 6th day of May, 2010.
Coleman, Yovanovich & Koester, P.A.
M. Rich
Florida Bar No. 51451
Edmond E. Koester
Florida Bar No. 87882
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
239.435.3535
239.435.1218 Facsimile
Attomeys for Ellis and Velta HansonAPR. 19. 2010 10:44AM @ FRIDKLN P, A, ——————— oe" 1186-—P. 8 ———____.
Amount : $100,000.00 Sequence wmber: 6540375600
Account: 60211033019499 Capture Date: 06/14/2006
Bank Womber: 06300004 Check Wumber: 1a
! a
ELiss Hanson 141
Tm 16m . nwmen
MAPLES Pe atten 7000 wwe aoe MY 2486 oo
- ‘
c. awe *: .
ee Page en diast Acces te | $ sae, 20 28
Bau Aaudsel Lh ranmeu tne SF = sasion 6=
Equity CreditLine
puchlie) _.. Coe Hance. - !
SDG INGOOK W668 2410338 19699F0L48 y~oo.ooo0000e
53 bt
ANCE>
ey
SO/PUD iy
pon
\
Preview
ARK. LY. 2010 10:44AM 9 FRIDAKIN PLA. ow 1186—P IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ' CIVILACTION ’ pate tO Clerk, ELLIS HANSON and aye VELTA HANSON Plaintiffs, Case No: 09-6515-CA Vv. ALMA TETI Defendants. / — SU) EN. CU! UT D) ION THE STATE OF FLORIDA: TO: Bank of America Corporation c/o Registered Agent: CT Corporation System 1200 South Pine Island Road Plantation, FL 33324 YOU ARE COMMANDED to appear at the offices of Grant, Fridkin, Pearson, Athan & Crown, P.A., 555] Ridgewood Drive, Suite 501, Naples, Florida 34108, within twenty (20) days from the date of service of this subpoena, and have with you at that jime and place the following: 1 Any and all account records, including account statements and cancelled checks from January 1, 2005, up through including, January 1, 2009 for the account that pertains to the copy of the check attached as EXHIBIT A. These items will be inspected and may be Copied af that time. You will not be required to surrender the original items. You may comply with this Subpoena by providing legible copies of the items to be produced to the attomey whose: name appears on this Subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the Payment in advance of the reasonable cost of preparation. You may mail or deliver the copies toa ArK. WY LUI TUS 49M ‘® TRIVAIN F. A, the attorney whose name appears on this Subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attomey whose name appears on this Subpoena, THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this Subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attomey, and unless excused from this subpoena by this atlomey or the Court, you shall respond to this Subpoena as directed. DATED on this___ day of April, 2010, BY: FOR THE COURT D. Keith Wickenden Florida Bar No, 0897280 5551 Ridgewood Drive, Suite 501 Naples, Florida 34108 (239) 514-1000, (239) 514-0377 (fax) eo” 1100——f. [| ————-—____IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION ELLIS HANSON and VELTA HANSON, Plaintiffs, v. Case No. 09-6515-CA ALMA TETI, Defendant. - _ PLAINTIFFS’ MEMORANDUM IN RESPONSE TO DEFENDANT’S MOTION PURSUANT TO RULE 1.351(D) SEEKING A RULING ON PLAINTIFFS’ NOTICE OF OBJECTION TO NOTICE OF PRODUCTION FROM NON-PARTY, BANK OF AMERICA PLAINTIFFS, ELLIS HANSON and VELTA HANSON (collectively “Hansons”), file Plaintiffs’ Memorandum in Response to Defendant’s Motion Pursuant to Rule 1.351(D) Seeking a Ruling on Plaintiffs’ Notice of Objection to Notice of Production from Non-Party, Bank of America, and state: The Hansons object to the production of their banking information. The Hansons are willing to produce the records limited to those related to the improper transfers to Alma Teti. With respect to the Hansons’ general finances, there is no relevance at all in the case to their personal finances, and there is no reason for their personal bank records to be produced, Under Florida law, there is a right to privacy not to produce your personal financial information. In fact, under section 768.72, Florida Statutes, only until such time as a party has sought and obtained appropriate leave of court to plead punitive damages, can financial records be exposed. As there is not even a claim against the Hansons, Alma Teti is certainly not in a position to seek punitive damages on the non- existent claim, and therefore, cannot meet the appropriate standard in the statute, and cannot reach the personal financial records of the Hansons. The Subpoena Duces Tecum without Deposition is very clearly and dramatically overbroad, and is not reasonably calculated to reach any documents related to the inappropriate transfers caused by Alma Teti’s exploitation of a “vulnerable adult.”WHEREFORE, PLAINTIFFS, ELLIS HANSON and VELTA HANSON, request this Court to quash the Subpoena Duces Tecum without Deposition directed to Bank of America in its entirety or be limited solely to the transactions of Alma Teti, grant Plaintiffs their attorneys’ fees and costs in this matter, and any other relief this Court deems just and appropriate. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by facsimile and regular U.S. mail to D. Keith Wickenden, Esq., Grant, Fridkin, Pearson, Athan & Crown, P.A., 5551 Ridgewood Drive, Suite 501, Naples, Florida 34108 on this 6th day of May, 2010. Coleman, Yovanovich & Koester, P.A. M. Rich Florida Bar No. 51451 Edmond E. Koester Florida Bar No. 87882 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 239.435.1218 Facsimile Attomeys for Ellis and Velta HansonAPR. 19. 2010 10:44AM @ FRIDKLN P, A, ——————— oe" 1186-—P. 8 ———____. Amount : $100,000.00 Sequence wmber: 6540375600 Account: 60211033019499 Capture Date: 06/14/2006 Bank Womber: 06300004 Check Wumber: 1a ! a ELiss Hanson 141 Tm 16m . nwmen MAPLES Pe atten 7000 wwe aoe MY 2486 oo - ‘ c. awe *: . ee Page en diast Acces te | $ sae, 20 28 Bau Aaudsel Lh ranmeu tne SF = sasion 6= Equity CreditLine puchlie) _.. Coe Hance. - ! SDG INGOOK W668 2410338 19699F0L48 y~oo.ooo0000e 53 bt ANCE> ey SO/PUD iy pon \